Digital Commons Network^™

Multiple Authorisation: The Legal Complexity Of Desentralisasi In Indonesia And The Potential Contribution Of Iias In Reducing Confusion, Michael Ewing-Chow, Junianto James Losari

Indonesia Law Review

Decentralisation system in Indonesia was introduced after the fall of the former President Soeharto with the objective of ensuring good governance and equitable development across all regions in the country. Unfortunately, the implementation of desentralisasi has been complicated. Some scholars have suggested that the model was flawed as it did not consider Indonesia’s context of less developed administrative institutions in the regions. Not only did desentralisasi cause headaches for the government, it also created confusion for foreign investors. Consequently, it affects the investment climate in the country and undermines the perception of Indonesia as an attractive place to invest in. …

Proposing An Integrative-Progressive Model In Handling Troubled Indonesian Overseas Workers In The Transit Area (A Socio-Legal Research In Tanjung Pinang City, Kepulauan Riau Province), Rina Shahriyani Shahrullah, Elza Syarief

Indonesia Law Review

Tanjung Pinang City of the Riau Islands Province (Provinsi Kepulauan Riau) is a transit area for the troubled Indonesian overseas workers from Singapore and Malaysia. The Indonesian National Board for the Placement and Protection of Indonesian Workers (Badan Nasional Penempatan dan Perlindungan Tenaga Kerja Indonesia/BNP2TKI) reported that 15,105 troubled Indonesian overseas workers were deported from January to November 2014 via Tanjung Pinang City. Previous research revealed that citizens of Tanjung Pinang City criticized the treatments given by the local government to the deported workers by reason that they were not the citizens of the Riau Islands Province, yet the local …

Designing A 21st Century Corporate Tax – An Advance U.S. Minimum Tax On Foreign Income And Other Measures To Protect The Base, Stephen E. Shay, J. Clifton Fleming Jr., Robert J. Peroni

Faculty Scholarship

The 21st Century has seen unprecedented levels of corporate tax aggressiveness and avoidance. This article continues our exploration of second best international tax reforms that would protect the U.S. corporate tax base and have some likelihood of adoption. In this case, we consider how a U.S. minimum tax on foreign income earned by a controlled foreign corporation should be designed to protect the United States against erosion of its corporate income tax base and to combat tax competition by low-tax intermediary countries. In the authors’ view, a minimum tax should be an interim levy that preserves the residual U.S. tax …

Potentiality Of A Shipbuilding Industry In South Africa : Regulation Or No Regulation, Khethukuphila Sabelo Ngubane

World Maritime University Dissertations

The shipbuilding industry is undoubtedly critical for the economic growth with the offshore market still proving to be the increasingly important market segment of the industry. The industry is labour and capital intensive. The shipbuilding’s ability to contribute towards economic growth enables developing nations to create new job opportunities for local citizens, and as a result reducing poverty. South Africa is a developing nation that is faced with a high unemployment rate of 25%, and has identified the ocean economy as a potential driver to stimulate and sustain economic growth through the marine transport manufacturing industry. However, recent figures in …

Limitation Of Liability For Maritime Claims : A South African Perspective, Wandile Zondo

World Maritime University Dissertations

The dissertation is a study of the South African limitation of liability for maritime

claims regime in relation to the International conventions on the subject. South

Africa is not a party to the limitation of liability international conventions. South

African limitation legislation is considered and compared to the International

conventions on certain aspects.

Judicial perspectives of certain aspects in relation to the concept of limitation of

liability, like, inter alia, onus of proof, conduct barring limitation and forum

shopping are discussed. In the South African limitation regime, shipowners can

discharge the onus by proving an absence of fault or privity. …

An Analysis Of Fisher Practices And Attitudes Towards Marine Resource Management And Regulations In St. Kitts And Nevis /, Queeley Maritza

World Maritime University Dissertations

No abstract provided.

Seafarer Training In Somalia As A Deterrent To Piracy, Koki Matsushima

World Maritime University Dissertations

No abstract provided.

An Analysis Of The Implementation Of Flag States Obligations In Indonesia A Case Study For Flag State Performance, Syafiuddin Syafiuddin

World Maritime University Dissertations

No abstract provided.

Liability And Compensation Due To Transboundary Pollution Caused By Offshore Exploration And Exploitation : Imo Competence And Development Of Guidelines, Sebastian Pizarro Klein

World Maritime University Dissertations

The dissertation is an analysis on the problem of the prevailing legal lacuna regarding responsibility and liability due transboundary offshore pollution. The investigation starts with the examination of the discussion at IMO and its competence to regulate the offshore industry. Afterwards the discussion at the Legal Committee of IMO is analyzed through the different doctrines developed by the authors and the International Court of Justice. Based on a possible competence of the IMO, we introduce the discussion on which international instrument is appropriate to regulate the legal lacuna. Finally, in the concluding chapters, different international instruments are compared highlighting the …

Review Of The Capacity Of The Implementation Of Ballast Water Management Convention In Sri Lanka As Flag State, Port State And Coastal State, Thalatha Sreeni Ranasinghe

World Maritime University Dissertations

No abstract provided.

The Fate Of $15, John S. Spina

Capstones

The Fight for $15 is reinvigorating the labor moment in ways people never thought possible. In just over three years it spanned the nation and won increased minimum wages in major cites across the country. Governor Cuomo now prepares to pass the nation's first state wide $15 minimum wage in New York, but not without strong opposition.

Daily Fantasy Sites Engage In A Legal War For Survival, Danni R. Santana

Capstones

Over the past two years, the world has changed its perception of daily fantasy sports. FanDuel and DraftKings have taken the world by storm, making huge profits off even the casual fans desire to win money everyday, instead of just once at the end of a season. Lawmakers have noticed and are eager to regulate the business or ban it altogether, as seen in New York. What was once a weekend hobby is now a multi-billion dollar business. A business lawmakers say is just another form of gambling and doesn't require skill.

All The World's A Page: Towards A Definition Of 'Writer' In An Age Of Opportunity, Sue Norton

Articles

This article considers the status of the writer at a time when publication is no longer elusive, given the immediacy of online dissemination. For those who identify as writers, it looks at the implications of blogging, social media, entrepreneurial self-publishing, and scholarly open access journals, including so-called ‘predatory’ ones. It argues for a distinction between day-to-day writing and composition, and seeks to establish a category for the writer that takes account of deliberation, craft, and readership. It juxtaposes the creative activity of Jack Kerouac, Virginia Woolf, Truman Capote, and Mother Goose against the linguist John McWhorter’s convincing dismissal of the …

Case Comment To The Judgment Of The European Court Of Human Rights Of 2 October 2014 In Case Delta Pekárny A.S. V. The Czech Republic (Application No. 97/11), Bartosz Turno, Emilia Wardęga

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

No abstract provided.

Analysis Of Issues Related To Regulation On Relations Between Suppliers Of Food And Agricultural Products And Multiple Retailers, Based On Solutions Proposed In Bill On Unfair Commercial Practices Submitted By The Polish Peoples’S Party, Joanna Affre

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

Article contains review of the solutions included in bill on combating the unfair commercial practices of the entrepreneurs conducting trade of agricultural and food products, against the suppliers of those products, submitted during the previous cadence of Polish Parliament by the group of deputies of Polish People’s Party. Authors assess the bill critically, as drawn up inappropriately, not suiting the current law system and establishing the state control over the process of contracting on food market sector. The Article describes the “unfair commercial practices”, in particular the new way of regulation on the issue of the slotting fees. Authors analyse …

Unequal Impact Of Price Changes In Indonesia, Ruly Pratikno, Mohamad Ikhsan

Economics and Finance in Indonesia

The main idea of this study is to determine the impact of relative inflation on poverty incidents and to investigate whether inflation inequality has occurred in Indonesia. Interesting results were found at regional level. Firstly, Jakarta had different poverty response with respect to price increases. Processed food and transportation inflation were more imperative for the poor in Jakarta. Secondly, the poor in province with low poverty figures were more prone to inflation. In general, the results show that food inflation has the major adverse impact on the poor. Moreover, we found that inflation in Indonesia has not been pro-poor.

Managing Productivity In The Infrastructure Sector: A Case Study From Indonesia, Eric R. W. Knight

Economics and Finance in Indonesia

This paper considers the nature of assessing productivity and effectiveness in infrastructure investment in the context of governments increasing investment in new infrastructure. Taking the case of energy infrastructure investment within Indonesia, this paper makes three contributions: (i) develops a model for assessing infrastructure productivity based on landscape, regime and niche-level changes, (ii) suggests the interconnection between these levels based on sequencing multi-level changes over time, and (iii) shows the role of supply and demand side initiatives in enabling new infrastructure investment is evaluated.

Mccarthy's The Road And Ethical Choice In A Post-Apocalyptic World, Jingjing Guo

CLCWeb: Comparative Literature and Culture

In her article "McCarthy's The Road and Ethical Choice in a Post-Apocalyptic World" Jingjing Guo analyses ethical choice and its implications in McCarthy's The Road. After examining the deterioration of the ethical context and the prevalence of evil reflected in cannibalism, Guo highlights the father's ethical choice and dilemma. Different from most others, the father chooses to keep alive to protect his son, and to stay man and stay good in a physically devastated and morally bankrupted world. Through discussing the meaning of the metaphor "fire" and "carrying the fire," Guo further explores the significance of the father's choice …

Perspectives Of Ethical Identity In Ng's Steer Toward Rock And Jen's Mona In The Promised Land, Hui Su

CLCWeb: Comparative Literature and Culture

In her article "Perspectives of Ethical Identity in Ng's Steer toward Rock and Jen's Mona in the Promised Land" Hui Su examines Fae Myenne Ng's and Gish Jen's novels. In the novels, the protagonists make different decisions: in Steer Toward Rock Jack after displacement in China adopts US-American identity and in Mona in the Promised Land Mona, a second generation Chinese American, selects Jewish identity. Owing to their different situations, the two protagonists reflect challenges of identity building in the case of the "Other" in US-American culture and society. Su argues that Ng and Jen, although varying in their …

Ethics Of Counter Narrative In Delillo’S Falling Man, Qingji He

CLCWeb: Comparative Literature and Culture

In his article "Ethics of Counter-Narrative in DeLillo's Falling Man" Qingji He analyzes Don DeLillo's counter-narrative in his post-9/11 novel Falling Man. The objective is to show how ethical dimensions function fundamentally in formulating an appropriate counter-narrative and why DeLillo's counter-narrative echoes views expressed in his "In the Ruins of the Future." He argues that DeLillo's counter-narrative entails the necessity of ethical consciousness and responsibility. It is Giorgio Morandi's still life paintings instead of media representation that become pivotal in Lianne's transformative and redemptive process after the terrorist attack. Similarly, David Janiak's performance art and Richard Drew's picture …

Ethical Transformations In Yan's 陆犯焉识 (The Criminal Lu Yanshi), Weihong Zhu

CLCWeb: Comparative Literature and Culture

In her article "Ethical Transformations in Yan's陆犯焉识 (The Criminal Lu Yanshi)" Weihong Zhu uses ethical literary criticism to explain the reason for the change in attitude which the novel's hero undergoes. Zhu argues that in Geling Yan's novel the turning point lies in the protagonist's realization of his inner "animal" factor. Subjected to severe tests by the extreme circumstances in a northwest prison in China, this realization helps him transform from a proud man to a humble human being, so that he learns to love his family. Although set in a grand historical background of important political events, Yan's …

Indigeneity, Diaspora, And Ethical Turn In Anzaldúa’S Borderlands/La Frontera, Hsinya Huang

CLCWeb: Comparative Literature and Culture

In her article "Indigeneity, Diaspora, and Ethical Turn in Anzaldúa's Borderlands/La Frontera" Hsinya Huang discusses indigeneity vis-à-vis diaspora, two concepts often used as if they were necessarily antagonistic and antithetical to one another. While in diaspora studies Native people are marginalized, Huang resituates the figure of the Native to the core of diasporic discussion by tracing the movement, migration, or scattering of Native people from their established or ancestral homeland. Drawing on Gloria Anzaldúa's life narrative in Borderlands/La Frontera, Huang advances the concept of the ethical turn in diaspora studies by questioning the master narrative regarding …

Reparation For Betrayal Of Trust In Child Sexual Abuse Cases: The Christian Duty Of Care, Vicarious Liability And The Church Of England, Ka Stevenson, J Rowbotham, J Lowther

School of Law, Humanities and Social Sciences

Feminist challenges to the traditional principles of vicarious liability highlight the difficulties facing claimants seeking redress via a doctrine largely developed in relation to the corporate model reflecting masculine traits of institutional power and control embedded in the traditional enterprise employer/employee relationship. This article explores the ways in which the recent spate of claims made against UK religious authorities regarding present and historic acts of child sexual abuse perpetrated by clergy have forced a paradigm shift requiring the courts to consider influences on the legal process associated with tropes of restorative justice, powerfully supported and explained by feminist legal theorists. …

Social Determinants Of Late Stage Hiv Diagnosis And Its Distributions Among African Americans And Latinos: A Critical Literature Review, Alison M. Chopel, Meredith Minkler, Amani Nuru-Jeter, Megan Dunbar

Journal of Health Disparities Research and Practice

ABSTRACT

This critical literature review was conducted to identify both individual- and environmental-level social determinants of health using an ecological framework as a way to contextualize risk for, and distributions of, late HIV diagnosis among African Americans and Latinos in the United States.

Background: Late diagnosis, defined as a diagnosis of AIDS simultaneously with or within one year of an initial HIV diagnosis,¹ disproportionately affects African American and Latino communities;^2,3 disparities in this health problem thus represent a preventable inequity. Such disparities affect not only late diagnosed individuals but also population levels of HIV incidence, as transmission is …

The Inclusion Of False, Falsified, And Falsifiable Data That Favor An Evolutionary Worldview In The High School Science Curriculum Of Public And Private Schools In The Philippines, Jerry F. Smith

Christian Perspectives in Education

This paper examines a curricular issue in general within public and private high schools in the Philippines. This paper presents six known and documented errant points found in textbooks that promote an evolutionary worldview and are commonly found in local high school biology textbooks. The proposed solutions present several questions designed to facilitate formation of the readers’ own views regarding this phenomenon.

Ross Douthat’S Critique Of Modernity, Bruce Ledewitz

Hallowed Secularism

Blog post, “Ross Douthat’s Critique of Modernity“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Downingtown Area School District V. Chester County Board Of Assessment Appeals V. Ltk Associates Lp, Commonwealth Court Of Pennsylvania

2015

No abstract provided.

Jose Rodas-Leon V. Attorney General United States

2015 Decisions

Agency

Ibrahim Atanda V. Attorney General United States

2015 Decisions

Agency

Efficiency Of Small And Medium-Sized Enterprises In Liberia: The Case Of Monrovia, Wellington J. Barchue, Jehovaness Aikaeli

Business Management Review

The study looks into the efficiency status of Small and Medium Enterprises (SMEs) in Monrovia, Liberia. Stochastic Frontier Analysis (SFA) techniques are employed to analyse primary data to investigate the technical efficiency of the selected SMEs. Estimation results show that SMEs in Monrovia are generally inefficient. The mean inefficiency is 21 percent, and around 11 percent of the SMEs interviewed have inefficiency of over 30 percent. Despite the meagre financial resources at the disposal of the SMEs in Monrovia, there is an apparent underutilisation that needs to be addressed. Moreover, the study used a Two-Limit Tobit model to identify factors …