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International Law Review In The Assassination Of General Qasem Soleimani, Dina Yulianti, Hasan Sidik, Mu'min Mu'min

Indonesian Journal of International Law

International law is formed by the global community to establish legal rules, norms, and standards of behavior between sovereign nations to create a peaceful world order. However, since the world order is anarchy with no supreme executive authority, obedience and disobedience to international law often depends on the state’s power. For instance, the assassination of General Qasem Soleimani, a prominent Iranian general, by the US military in Iraqi territory sparked a debate about international law. This article shows that the US action violated International Humanitarian Law (IHL) and International Human Rights Law (IHRL). Additionally, it violated the UN Convention for …

The Implementation Of The Traditional Cultural Expression (Tce) Protection In Indonesia Based On Article 38 Law Number 28 Of 2014 Regarding Copyright, Prasetyo Hadi Purwandoko, Adi Sulistiyono, M. Hawin

Indonesian Journal of International Law

Indonesia as a multicultural and multi-ethnicity country has a wide Traditional Cultural Expression (TCE) which needs active protection as a cultural heritage from extinction and to provide certain economic benefits. However, a lot of elements are endangered due to the effect of globalization, lack of facilities, appreciation, and comprehension which cause erosion of values, functions, and cultural elements. This research was, therefore, conducted to discuss the implementation of TCE protection in Indonesia based on Article 38 Law Number 28 of 2014 concerning Copyright (Copyright Law 2014). It was concluded that the implementation of TCE protection is through the Draft of …

Brief Of Amicus Curiae Ethics And Public Policy Center In Support Of Petitioners And Reversal, Richard W. Garnett, Charles J. Cooper, Peter A. Patterson, Brian W. Barnes, John D. Ohlendorf

Court Briefs

No. 19-1392
Thomas E. Dobbs v. Jackson Women's Health Organization

On Writ of Certiorari to the United States Court of Appeals for the Fifth Circuit

From the Introduction and Summary of the Argument

By the narrowest of margins, this Court in Planned Parenthood v. Casey, 505 U.S. 833 (1992), refused to overrule Roe—not because it thought Roe was correct, but because it thought Roe must endure as a matter of stare decisis. But 30 years later it has become clear that Casey, too, was egregiously wrong, for each one of the stare decisis factors cited by …

National Security Rules: America's Constitution Of Law And War, Kyle L. Greene

Maine Law Review

Contemporary debates over the appropriate allocation of war powers between the political branches overemphasize the rigidity of the Constitution’s framework. This style of academic discussion sacrifices the lessons of practice in search of steadfast, yet empty, principles. Even beyond the practical failings of this approach, there is no constitutional basis for the notion that either Congress or the President has a singular, fixed role when dealing with national security issues. In fact, the Founders developed a constitutional structure capable of continually reshaping—within parameters—the government’s division of national security power to match the nation’s security challenges. Rather than scouring the constitutional …

That T-Rex Is Mine! A Note On The Montana Supreme Court Decision Murray V. Bej Minerals, Llc, Bryce Hayden

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Existentially Guilty: Where Do I Go From Here?, Devontae Wilson

Master of Arts in English Plan II Graduate Projects

Teachers, students, parents, and even politicians have been forced to confront the by-products of not having difficult conversations about race and class. Political pundits are using this moment in history sparked by recorded injustice and the publicized murders of unarmed black people at the hands of law enforcement to demonize Critical Race Theory (CRT), a framework created to analyze how the law is racialized. This portfolio is largely a result of Dr. Rudine Sims-Bishop’s “Mirrors, Windows, and Sliding Glass Doors” and contextualizing it through my personal experience as a classroom teacher, as a black man in a majority white, female …

Freedom Of Speech At Ursinus College, Benjamin Henwood

Business and Economics Summer Fellows

Freedom of speech is a hot topic issue on many college campuses across the United States. My research project’s goal is to find out how our community at Ursinus College feels about freedom of speech. My project is going to explore how well Ursinus holds itself to its standards of free and open inquiry and how the students on campus feel about free and open inquiry. In order to understand how the community feels about free speech on our campus, we borrowed a survey from the Foundation of Individual Rights in Education and distributed it to roughly half of the …

Linguicide In The Digital Age: Problems And Possible Solutions, Michael Adelson

French Summer Fellows

This project aims to assess the relative success of revitalization efforts for seven languages: Welsh, Scottish Gaelic, Irish, Hopi, Navajo, Breton, and Occitan. The success of linguistic revitalization is determined through comparative analysis of minority languages in the United States, the United Kingdom, Ireland, and France as seen through each country’s history, melting pot experiences, traditions, language protection laws, education system, in addition to the differing levels of diffusion via the Internet. A key point of analysis is the strength of language protection laws in the United States, United Kingdom, Ireland, and France. Language is the most primordial expression of …

Penerus Tahta Dalam Pemerintahan Daerah Di Provinsi Daerah Istimewa Yogyakarta Berdasarakan Putusan Mahkamah Konstitusi Nomor 88/Puu-Xiv/2016, Delima Sianipar

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Human rights are God-given rights inherent to all human beings. Men and women are entitled to the same rights. It includes obtaining the equal opportunities in government. Special Region of Yogyakarta is oen of the provinces that has particular authorities. The reigning king in the Yogyakarta Sultanate will automatically be appointed as the Governor of Special Region of Yogyakarta Province. The particularity of Yogyakarta is regulated in Act Number 13 of 2012 on the privileges of Special Region of Yogyakarta. Article 18 section (1) point mof Act Number 13 of 2012 on the Privileges of Special Region of Yogyakarta is …

Pengendalian Peredaran Produk Secara Mandiri Sebagai Instrumen Wajib Dalam Pelaksanaan Tanggung Jawab Sosial Korporasi Rokok: Sebuah Perspektif Sosio-Legal

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The number of smokers and cigarette sales in Indonesia has been increasing every year. In parallel with that, the latent risk faced by society is increased. In the socio-cultural context, the cigarette industry has been transformed into a hegemony whose expansion is unstoppable. The circulation of cigarette products is still become an unresolvable problem. Such problem expands from merely legal issues to the ethical dimension. The corporate social responsibility carried out by the corporation tends to be in favor of promotional motive, or creating false public reputation, which makes its implementation often deviate from its philosophy. Inevitably, the smoking phenomenon …

Gimme A Break: The Patent Term Restoration Act Should Give Environmental Innovators A Chance To Catch A (Cleaner) Breath, Gabrielle Gravel

Journal of Intellectual Property Law

There is an abundance of frightening data painting a grim picture of Earth’s future. Humans have undoubtedly left a carbon footprint so deep, it will take drastic measures to undo our damage. To continue enjoying life as we know it, we humans must shift our focus to the powerful minds of creators and engineers to find ways to untangle our manmade webs. To generate interest and attract the best and brightest to do the challenging and time-consuming work of environmental inventions, the first step is to provide a greater incentive. This note calls upon the U.S. Patent and Trademark Office …

Everyday Aesthetics, Space, And The Sensory: Fear Of Crime And Affect In Inner Sydney, Murray Lee, Jonathan Jackson, Justin R. Ellis

Qualitative Criminology (QC)

"In this paper we explore pre-conscious aesthetic and sensorial aspects of affect in fear of crime. Drawing on data from focus groups undertaken in inner Sydney, Australia, we link the sensory and aesthetic preconditions of fear of crime to its affective, behavioural and cognitive elements. We argue that fear is grounded in the structural, personal and inter-subjective components of individual’s lives and their interaction with physical and social environments, which then influence how individuals cognitively understand their own risks and react behaviourally to these emotional responses. By bringing alive the importance of environmental cues and the cultural and structural positions …

The Human Right To Science And Disability, Anne M. Bryden Phd

Societies Without Borders

No abstract provided.

The Myth Of Mental Disorder: Transsubstantive Behavior And Taxometric Psychiatry, Steven K. Erickson

Akron Law Review

This article argues that three factors are primarily responsible for this current state of affairs: (1) the proliferation of mental disorders in the nosology of psychiatry; (2) the departure from traditional notions of illness in psychiatry towards a vague definition of "mental disorders"; (3) the inclusion of "personality disorders" and other phenomenon as diagnosable mental disorders that, at first blush, appear arbitrarily construed and sit in place of what is (or once was) considered poor moral character. When psychiatry turned away from the term "mental illness" to the expansive "mental disorder," it opened a Pandora's Box whereby almost any behavior …

Conducting A Systematic Social Observation Of Body-Camera Footage: Methodological And Practical Insights, Vijay Chillar, Eric Piza, Victoria Sytsma

Qualitative Criminology (QC)

"Increased use of video recording technologies such as drones, smartphones, CCTV, and body-worn cameras (BWCs), provides researchers with modes for observing human behavior in their natural settings. Although not originally intended for empirical inquiry, these data sources facilitate a video data analysis (VDA) framework used in the social sciences. BWCs represent an emerging technology within this framework, and BWC footage provides valuable insight into situational dynamics at play during various social phenomena. When combined with systematic social observation (SSO), researchers are well-equipped to unpack social phenomena in a manner that overcomes many challenges of traditional qualitative methodologies. This article incorporates …

Narrowing The Universe: A Machine Learning Approach To Patent Clearance, Rebecca Weires, Joshua Rosefelt, Katelyn Meylor, Stephanie Shim, Lindsay Chong

Chicago-Kent Journal of Intellectual Property

Companies cannot reliably predict which patents are likely to be asserted against them. If they could, they would be better able to quantify and mitigate their own patent infringement risk. We used machine learning methods, informed by legal scholars’ understanding of relevant patent traits, to improve on prior attempts to predict litigation. We built primarily on Colleen Chien’s Predicting Patent Litigation. Chien used traits from a patent’s legal history and developed a method of prediction based on the traits acquired before litigation, but not after. She demonstrated that the traits acquired before litigation are useful predictors. Evaluating Chien’s approach, we …

Ai Output: A Human Condition That Should Not Be Protected Now, Or Maybe Ever, Xiao Wang

Chicago-Kent Journal of Intellectual Property

AI is usually considered to be a form of automatic and autonomous work, but when applied to the creation of literary and artistic works, challenges arise in deciding whether the AI is the de facto author of its output and whether AI outputs or AI-generated products should be protected under the copyright system. This article argues that these outputs should be human creations because the working principles of AI determine that AI functions merely as a mathematical tool applied by humans to not only conceive of but also to execute the creation of AI outputs. The creativity reflected in these …

What An Ethics Of Discourse And Recognition Can Contribute To A Critical Theory Of Refugee Claim Adjudication: Reclaiming Epistemic Justice For Gender-Based Asylum Seekers, David Ingram

Philosophy: Faculty Publications and Other Works

Abstract: Using examples drawn from gender-based asylum cases, this chapter examines how far recognition theory (RT) and discourse theory (DT) can guide social criticism of the judicial processing of women’s applications for protection under the Geneva Convention Relating to the Status of Refugees (1951) and subsequent protocols and guidelines put forward by the United Nations High Commissioner for Refugees (UNHCR). I argue that these theories can guide social criticism only when combined with other ethical approaches. In addition to humanitarian and human rights law, these theories must rely upon ideas drawn from distributive, compensatory, and epistemic justice. Drawing from recent …

The International Law Of Prolonged Sieges And Blockades: Gaza As A Case Study, Eyal Benvenisti

International Law Studies

In 2007, after Hamas’ takeover of the Gaza Strip, the area was subjected to an Israeli land siege, complemented in 2009 by a sea blockade. Since then, the already-dire living conditions in the Strip have declined consistently and the area’s dependence on external aid has grown. This essay examines the duties of a military power in imposing what is effectively a years-long confinement of people and outlines a general argument for expanding the obligations of a party that imposes a prolonged siege or blockade. I consider these obligations in light of three potentially relevant legal frameworks: the law of occupation; …

Defining The Role Of Clinical Law Students, Medical-Legal Partnerships, And Pro Bono Lawyers, Suzanne Weise

Tennessee Journal of Law and Policy

No abstract provided.

Responding To The Impacts Of The Opioid Epidemic On Families, Wendy A. Bach, Suzanne Weise, Barry Staubus

Tennessee Journal of Law and Policy

No abstract provided.

Liability For Health Care Providers Under Hipaa And State Privacy Laws, Ashley Huddleston, Ronald Hedges

Seton Hall Law Review

No abstract provided.

Pandemic Surveillance Discrimination, Christian Powell Sundquist

Seton Hall Law Review

No abstract provided.

Say Cheese: How The Fourth Amendment Fails To Protect Your Face, Antonio Vayas

Seton Hall Law Review

No abstract provided.

The Essence Of The Content Of Preparing Youth For Family Relations In Higher Education Institutions, Sitorabanu Kholboeva

Scientific reports of Bukhara State University

Introduction. The problem discussed in the article concerns family pedagogy, which has recently been separated from the pedagogical sciences as an independent scientific field. The object of the research is family development trends and its present state, the topic is the essence of family upbringing, this process mechanisms and their influence on personal development. Family pedagogy does not attempt to create a single rule that is binding on every family and clearly regulates the upbringing of children. It studies only those situations that are controversial and cause the young its difficulty. As all scientific knowledge, its conclusions can never fully …

Cops In Scrubs, Ji Seon Song

Florida State University Law Review

An encounter with police often involves more than just the police officer and the individual person. This Article highlights one particular actor integral to police investigations: the medical professional. Medical professionals, whether they be physicians, nurses, nurse practitioners, or other healthcare providers, become part of investigations in many ways. They notify police of crimes. They facilitate police questioning. They provide information gleaned from patient conversations, patient belongings, and their bodies. _The intertwined relationship between medical professionals and law enforcement is embedded in the legal and regulatory framework. A constellation of laws directs medical professionals to cooperate with law enforcement with …

Covid-19 Vaccines And Their Pitfalls In Informed Consent, Yousef Haik, Eleni Polymenopoulou

UC Law Science and Technology Journal

The World Health Organization declared the coronavirus (COVID-19) pandemic as a global health crisis. The search for a coronavirus vaccine escalated to a global competition. Drugs for other diseases as well as new formulations are proposed as potential candidates for the treatment or intervention of coronavirus. Almost all pharmaceutically able countries are pursuing potential vaccines. At the time of writing this article, two vaccines are already marketed and tested with promising interim results. Both vaccines use messenger RNA (mRNA) encapsulated in a lipid nanocarrier. Under ordinary circumstances, clinical trial authorizations oblige sponsors to disclose all risks to volunteers in order …

Pathways To Just, Equitable And Sustainable Trade And Investment Regimes, Tomaso Ferrando, Nicolas Perrone, Olabisi D. Akinkugbe, Kangping Du

Reports & Public Policy Documents

In this report we discuss what a Fair, Just and Equitable approach to the global, liberalized and hyper-competitive system of global trade and investments should be. The global market for goods and capital affect the life of producers and workers, stimulates the run towards cheaper products and puts farmers and workers against each other. The current vision of trade and investments is based on the silencing of gendered and reproductive labour and is responsible for the increase in inequality and relative poverty. Furthermore, it stimulates the extraction of commodities and contributes to the degradation of the planet, it has a …

Acceptable Lies In Contract Negotiations, Stefanie Jung

Journal of Dispute Resolution

It is well established that lying is a widespread phenomenon in business-to-business (“B2B”) contract negotiations. Some of the most prominent lies may be those about the subject matter of the contract. However, negotiators also frequently lie about other aspects like offers from other potential buyers or sellers, the availability of their product, the legal situation regarding contractual aspects, as well as their emotions and preferences.

On (Not) Deserving Disadvantage, Leslie Francis

Utah Law Faculty Scholarship

The Americans with Disabilities Act (ADA) is a civil rights statute, giving rights to everyone, but is structured to require people claiming its protections to have a characteristic, “disability.” This structure presents an apparent paradox: how can a statute accord both civil rights to all and special rights to some? This contribution argues that the paradox can be dissolved by understanding discrimination “based on” disability as treating people unfairly because of a characteristic they have, in two critically different forms. One form is individual: the failure to accommodate mental or physical differences to enable individuals to work successfully, participate in …