Digital Commons Network^™

Fair Weight : Empowering Member States Through Goal-Based Voting Weight For Effective Implementation Of Imo Instruments, Ashish Wankhede

World Maritime University Dissertations

This dissertation is an endeavour to introduce the concept of ‘‘Fair Weight’’ defined as a goal-based voting weight that would empower Member States to ensure effective implementation of IMO instruments. The evolution of IMO as an international organization for maritime related matters shall be studied to understand the existing decision making process of IMO instruments. In addition, the dimensions of voting weights utilized for equality of representation in the decision making process of IMO shall be studied. Furthermore, the impact of the tacit acceptance procedure and open registry on these dimensions of voting weights shall be evaluated to understand the …

A Legal Analysis On The Implementation And Enforcement Of Fishery Laws Of The Coastal State In Its Exclusive Economic Zone : A Philippine Perspective, Fatima Aleli Angeles

World Maritime University Dissertations

This dissertation scrutinizes the extent of the rights that the Philippines as a coastal State has with regards to the implementation and enforcement of fishery laws in its Exclusive Economic Zone (EEZ). By examining how the right to engage in fishing and the concept of EEZ emerged, as well as laying down the fishery rights of the States in the different maritime zones, this research was able to establish the legal regime involving the fishery laws implementation and enforcement in the EEZ. Thereafter, various States practices were probed to determine the trend of implementation and enforcement of fishery laws in …

The Implications Of The Implementation Of Part Iii Of The United Nations Convention On The Law Of The Sea (Unclos) 1982 To The Safety Of Navigation And Marine Environmental Protection In The Straits Used For International Navigation : The Review Of Policy And Cooperation, And Future Direction Of The Cooperative Mechanism In The Straits Of Malacca And Singapore, Nanditya Darma Wardhana

World Maritime University Dissertations

Due to the development of the international trade, the shipping industry has become one of the prime methods of carrying commodities. Commodities are usually shipped through the main international routes, including the main international straits, which are usually used for international navigation. To regulate the rights and obligations between the littoral States and user States in the international Straits, UNCLOS 1982 adopted provisions, which are related to the Straits Used for International Navigation regime. The Straits of Malacca and Singapore are part of this regime. To enhance the safety of navigation and marine environmental protection in the Straits of Malacca …

Communal Land Rights Of Malay People In North Sumatera: Power, State And Deulayatisasi, Edy Ikhsan

Indonesia Law Review

This article aims to unravel a shift of control / ownership of communal land of the Malays of Deli in North Sumatra. The commonly well-known communal lands, before the arrival of the Dutch colonial, was still inherent with the authorities of villages and was evolutionarily taken over by the foreign planters through concessionary contracts, which were dully signed by the Sultanate of Deli and the said foreign planters. The Indonesian independence in 1945 and the period that went beyond had in fact not contributed any improvement of the situation and instead it had exacerbated social and legal relations between the …

Awards

Louisiana Law Review

No abstract provided.

When Remand Is Appropriate In Multidistrict Litigation, Edward F. Sherman

Louisiana Law Review

The article focuses on the need of remand in multidistrict litigation under the 1968 Multidistrict Litigation Act (MDL Act). Topics discussed include transfer of multiple cases with common facts to the same federal judge for pretrial proceeding under the MDL Act, transfer of cases without any consideration of personal jurisdiction, and the need of resolving MDL cases favoring aggregation.

State V. Louisiana Land & Exploration Co.: Louisiana Revised Statutes Section 30:29 And Its Effect On The Amount Of Remediation Damages Available To Plaintiffs, Julia L. Taylor

Louisiana Law Review

The article discusses land contamination litigation at oil and gas exploration sites State v. Louisiana Land & Exploration Co. Topics discussed include claims for remediation of environmental damages, laws for mineral leases and remediation damages, and the judicial opinion of the Supreme Court of Louisiana on the cases related to environmental damages.

The Duty To Manage Risk, A. Christine Hurt

Faculty Scholarship

No abstract provided.

Cyber Sovereignty: The Way Ahead, Eric Talbot Jensen

Faculty Scholarship

The last few years are full of reports of cyber incidents, some of which have caused significant damage. Each of these cyber events raise important questions about the role and responsibility of States with respect to cyber incidents. The answer to these questions revolves in large part around the international law doctrine of sovereignty. The extent to which nations exercise sovereignty over cyberspace and cyber infrastructure will provide key answers to how much control States must exercise and how much responsibility States must accept for harmful cyber activities when they fail to adequately do so. This article argues that States …

What We Have Learned About Grassroots Philanthropy: Lessons From Mexico, Artemisa Castro Félix, A. Scott Dupree

The Foundation Review

Mexico is going through a transition from traditions of authoritarian, top-down social and political management that have tended to marginalize the efforts of community groups in addressing social and environmental challenges.

While there are many important questions about strengthening civil society organizations in general, grassroots groups in particular are challenged by the weak enabling environment for social action.

Despite this, the Action in Solidarity Fund has found that it is very possible for philanthropists to reach small grassroots groups with the support they need and to begin to strengthen the social fabric for communities to act on their own behalf. …

Federated Capital Corporation Dba Federated Financial Corporation Of America, Plaintiff/Appellant, Vs. James Shaw, Dba Alpha Blinds Dist, Defendant/Appellee. : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

REPLY BRIEF OF APPELLANT

ON APPEAL FROM THE THIRD JUDICIAL DISTRICT COURT, UTAH
COUNTY, STATE OF UTAH, BEFORE THE HONORABLE DENISE P.
LINDBERG

Our Global Commons, Brigham Daniels, James Salzman

BYU Law Review

No abstract provided.

Utah Physicians For A Healthy Environment And Friends Of Great Salt Lake, Petitioners/Appellants Vs. Executive Director Of The Utah Department Of Environmental Quality And The Director Of The Utah Division Of Air Quality, In Their Official Capacity, And The Utah Department Of Environmental Quality, The Utah Division Of Air Quality, Respondents/Appellees., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

No abstract provided.

David K Gillett, An Individual, And Majestic Airlines Incorporated, A Utah Corporation, Plaintiffs/Appellants Vs. Boyd J Brown, An Individual, Sentry Financial Corporation, A Utah Corporation, And Sfc Aircraft Corp I, A Utah Corporation, Defendants/Appell, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the Third Judicial District Court in and for Salt Lake County The Honorable L.A. Dever, District Judge

A Founding Failure Of Enforcement: Freedmen, Day Laborers, And The Perils Of An Ineffectual State, Raja Raghunath

City University of New York Law Review

No abstract provided.

One Condo, One Vote: The New York Bid Act As A Threat To Equal Protection And Democratic Control, Brett Dolin

City University of New York Law Review

No abstract provided.

No Access, No Choice: Foster Care Youth, Abortion, And State Removal Of Children, Kara Sheli Wallis

City University of New York Law Review

No abstract provided.

The Long Crisis: Economic Inequality In New York City, Fahd Ahmed, Tom Angotti, Jennifer Jones Austin, Shawn Blumberg, Robin Steinberg, Stephen Loffredo

City University of New York Law Review

City University of New York Law Review hosted this public panel discussion on November 12, 2014 at CUNY School of Law. CUNY Law Review would like to thank the co-sponsors of this event: Law Students for Reproductive Justice (LSRJ); Latin American Law Students Association (LALSA); Labor Coalition for Workers’ Rights and Economic Justice; National Lawyers Guild CUNY Law Chapter (NLG); Iraqi Refugee Assistance Project (IRAP); Student for Justice in Palestine (SJP) and CUNY Law Association of Students for Housing (CLASH).

Michael S. Robinson, Plaintiff/Appellant, Vs. Jones Waldo Holbrook & Mcdonough, P.C.; Stephen C. Clark, And Melissa M. Bean, Defendants/Appellees, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

This is an appeal from a ruling of the Hon. Charlene Barlow of the Third District Court Salt Lake County, State of Utah

Gang Risk Factors And Academic Readiness In A Southern Middle School, James Martinez, Jeremy Tost, Shani Wilfred, Larry Hilgert

Georgia Educational Researcher

The current Georgia study examines middle-school-aged gang and non-gang members regarding the risk factors of gang membership and potential effects of these risk factors on academic achievement. Participants, 406 eighth grade students from a suburban middle-school, completed a 42-item survey assessing an array of demographic and risk factor variables. In addition, students provided self-report information regarding their success on national standardized testing used to measure academics readiness. Of the 28 variables analyzed, lower academic readiness was associated with ethnicity and/or gang membership. Findings are discussed in light of the complexity of the gang issue and the importance of recognizing the …

Federated Capital Corporation Dba Federated Financial Corporation Of America, Plaintiff/Appellant, Vs. Arnella M. Abraham, Individually And Dba Weststar Properties, Inc., Defendant/Appellee. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLANT

ON APPEAL FROM THE THIRD JUDICIAL DISTRICT COURT, UTAH
COUNTY, STATE OF UTAH, BEFORE THE HONORABLE KEITH KELLY

Federated Capital Corp. D.B.A. Federated Financial Corp. Of America, Plaintiff/Appellant, Vs. James Shaw, Dba Alpha Blinds Dist, Defendant/Appellee. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLEE

APPEAL FROM THE THIRD JUDICIAL DISTRICT COURT, SALT LAKE
COUNTY, STATE OF UTAH, THE HONORABLE DENISE P. LINDBERG,
DISTRICT COURT NO. 139910356.

State Of Utah, Appellee, Vs. D.G., Appellant A Person Under 18 Years Of Age., Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from an adjudication for aggravated sexual assault, a first degree felony punishable by fifteen-years-to life if committed by an adult, in violation of Utah Cose Section 76-5-405, see Utah Code 76-5-405 (2013), entered in the Third District Juvenile Court, in and for Salt Lake county, State of Utah, the Honorable Kimberly K. Hornak presiding. On certification to the Utah Supreme Court from the Utah Court of Appeals.

Table Of Contents

BYU Law Review

No abstract provided.

Texas Groundwater And Tragically Stable “Crossovers”, Zachary Bray

BYU Law Review

One recurring question in the academic literature on common-pool resources relates to the persistence of “tragic” commons regimes—systems that encourage, or at least tolerate, the inefficient, wasteful, hazardous, or unfair exploitation of a resource that is easily accessed for and diminished by individual use and consumption. Of course, not all commons are tragic: some common-pool resources invite individual access in efficient, fair, and durable ways. Yet many commonly held resources do lie under systems of governance that are not just tragic but persistently and stubbornly so. Often the tragic aspects of such commons regimes are well known; indeed, for some …

Canon Formation In The Study Of The Environment In China And Taiwan, Peter I-Min Huang

CLCWeb: Comparative Literature and Culture

In his article "Canon Formation in the Study of the Environment in China and Taiwan" Peter I-min Huang discusses how the canon of ecocriticism taught in English studies in China and Taiwan is becoming increasingly of a local perspective by scholars who publish in Mandarin, address environmental issues specific to Mainland China and Taiwan, and thus engage with ecocriticism based on local perspectives rather than Western ones. The study and teaching of English-language literature in China and Taiwan inevitably encounters charges of neocolonialism or other argumentation that it is being used in ways that betray the legacy of past colonialist …

Electronic Literature And The Effects Of Cyberspace On The Body, Maya Zalbidea, Xiana Sotelo

CLCWeb: Comparative Literature and Culture

In their article "Electronic Literature and the Effects of Cyberspace on the Body" Maya Zalbidea and Xiana Sotelo discuss how new technologies are facilitating the emancipation of subjugated subjects aimed at transforming unequal social relations through an intersectional and performative approach. This perspective is discussed through the exploration of the so-called intersectional approach described by Berger and Guidroz, Haraway's situated knowledges, and Butler's performative agency based on transgressions. Framed within the posthuman, post-biological deconstruction of social and cultural hierarchies, Zalbidea and Sotelo argue for the value of a conjuncture between postcolonial post-modern/post-structuralist literature and the field of feminist cultural studies. …

Antibacterial Activity Of Novel Cationic Peptides Against Clinical Isolates Of Multi-Drug Resistant Staphylococcus Pseudintermedius From Infected Dogs, Mohamed F. Mohamed, G. Kenitra Hammac, Lynn F. Guptil, Mohamed N. Seleem

Department of Comparative Pathobiology Faculty Publications

Staphylococcus pseudintermedius is a major cause of skin and soft tissue infections in companion animals and has zoonotic potential. Additionally, methicillin-resistant S. pseudintermedius (MRSP) has emerged with resistance to virtually all classes of antimicrobials. Thus, novel treatment options with new modes of action are required. Here, we investigated the antimicrobial activity of six synthetic short peptides against clinical isolates of methicillin-susceptible and MRSP isolated from infected dogs. All six peptides demonstrated potent antistaphylococcal activity regardless of existing resistance phenotype. The most effective peptides were RRIKA (with modified C terminus to increase amphipathicity and hydrophobicity) and WR-12 (α-helical peptide consisting exclusively …

The Canon Of East Asian Ecocriticism And The Duplicity Of Culture, Hannes Bergthaller

CLCWeb: Comparative Literature and Culture

In his article "The Canon of East Asian Ecocriticism and the Duplicity of Culture" Hannes Bergthaller begins with the premise that ecocritical scholarship often locates the roots of environmental crisis in Western modernity and that it looks towards pre-modern or non-European traditions for a remedy. Bergthaller argues that such forms of cultural critique tend to reiterate a quintessentially modern gesture. Following Niklas Luhmann's account of culture, Bergthaller examines how these reiterations functions as a semantic mechanism for coping with the contingency of social forms. To describe a social practice as cultural, Bergthaller contends, is to valorize it as a marker …

Environmental Literature And The Change Of Its Canon In Korea, Won-Chung Kim

CLCWeb: Comparative Literature and Culture

In his article "Environmental Literature and the Change of Its Canon in Korea" Won-Chung Kim examines how US-American ecocritical writings were introduced and received in Korea and how the change of educational curricula in Korea is influenced by changes owing to globalization. Kim shows that the limited reception of US-American ecocritics' works led Korean scholars to reformulate the canon of works in Korean ecocriticism and how they reinvestigate their own cultural heritage and ecological ideas. Kim refers in particular to the thought of thirteenth-century Kyubo Lee and today's Chiha Kim and argues that Korean ecological discourse has the potential to …