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2020

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Term Limits And Political Dynasties In The Philippines: Unpacking The Links, Ronald U. Mendoza, Miann S. Banaag, Joshua D. Hiwatig, Michael Henry Ll. Yusingco, Jurel K. Yap Dec 2020

Term Limits And Political Dynasties In The Philippines: Unpacking The Links, Ronald U. Mendoza, Miann S. Banaag, Joshua D. Hiwatig, Michael Henry Ll. Yusingco, Jurel K. Yap

Asia-Pacific Social Science Review

This paper reviews the empirical evidence linking political dynasties in the Philippines to the imposition of term limits under the 1987 Constitution. It finds evidence that political clans have found a way around this Constitutional constraint by fielding more family members in power—giving rise to more fat political dynasties. Hence, we carefully argue that the introduction of term limits—combined with the failure to introduce other ancillary reforms (notably an anti-dynasty law)—may have brought about instead some unintended consequences. So, it is not term limits per se that created fat political dynasties. We further argue that it is a non sequitur …


Debtor's Motion Extending Exclusive Periods To File C11 Plan Dec 2020

Debtor's Motion Extending Exclusive Periods To File C11 Plan

Catholic Dioceses in Bankruptcy

Notice of hearing on the debtor's motion for entry of an order extending the debtor's exclusive periods to file a chapter 11 plan and solicit acceptances thereof, filed December 30, 2020.


Interpreting The Conditions For Imprévision: The Goals Of The Reform Projects As A Decisive Tool For French And Belgian Courts, Luigi Montefusco Dec 2020

Interpreting The Conditions For Imprévision: The Goals Of The Reform Projects As A Decisive Tool For French And Belgian Courts, Luigi Montefusco

Journal of Civil Law Studies

The codification of the doctrine of imprévision in France and its codification attempt in Belgium is a significant turning point given the historical resistance in both countries towards it. Nevertheless, the fact that the French and Belgian civil codes had remained silent on the issue for more than 200 years poses problems of interpretation, in particular, with the regard to requirements to be met in or-der to trigger imprévision as set forth by new Article 1195 of the French Civil Code and Draft Article 5.77 of Belgian legislative pro-posal No. 3709/1 of April 3, 2019. In the absence of a …


State V. Daniels Respondent's Brief Dckt. 47481 Dec 2020

State V. Daniels Respondent's Brief Dckt. 47481

Not Reported

No abstract provided.


Scoping Review: An Anthropological Analysis Of The Beliefs Of The Elderly That Influence The Use Of Traditional/Complementary And Alternative Medicine, Le Thi Ngoc Phuc, Mark Stephan Felix Dec 2020

Scoping Review: An Anthropological Analysis Of The Beliefs Of The Elderly That Influence The Use Of Traditional/Complementary And Alternative Medicine, Le Thi Ngoc Phuc, Mark Stephan Felix

Asia-Pacific Social Science Review

The use of traditional medicines is commonplace among the elderly population. With the growth of this population, a scoping review to ascertain the beliefs that influence decisions to use traditional/complementary and alternative medicine (TCAM) was undertaken. This scoping review focused on identifying the beliefs of members of the elderly population regarding TCAM, especially in comparison with western medicine. The researchers used the methodological framework for a scoping review by Arksey and O’Malley (2005). The main steps of this scoping review included (a) searching for relevant studies, (b) selecting studies based on specific inclusion criteria, (c) extracting data into a charting …


Understanding Teacher Accompaniment In Schools: The Development And Validation Of The Teacher Accompaniment Scale, Rito Baring, Teresa Camarines, Katherine Pia Cabatbat, Stephen Rysen Dec 2020

Understanding Teacher Accompaniment In Schools: The Development And Validation Of The Teacher Accompaniment Scale, Rito Baring, Teresa Camarines, Katherine Pia Cabatbat, Stephen Rysen

Asia-Pacific Social Science Review

In the present study, we examined the psychometric properties of the Teacher Accompaniment Scale (TAS) for senior high and college students from eight schools in Manila. We investigated the empirical basis to develop a reliable measure that assesses student attitudes towards teacher accompaniment. Participants included 1,618 Grade 12 senior high students and college students from selected public and private schools. The study design included exploratory factor analysis for data reduction and confirmatory factor analysis to examine the best fit model. The results showed two dimensions assessing teachers as sources of support and stress. In response to the limited scholarship on …


Bilingual English-Spanish Louisiana Civil Code, Book I, Titles Iv-X, Mariano Vitetta Dec 2020

Bilingual English-Spanish Louisiana Civil Code, Book I, Titles Iv-X, Mariano Vitetta

Journal of Civil Law Studies

No abstract provided.


Three Conceptions Of Corporate Crime (And One Avenue For Reform), Miriam H. Baer Dec 2020

Three Conceptions Of Corporate Crime (And One Avenue For Reform), Miriam H. Baer

Law and Contemporary Problems

No abstract provided.


Retiring Corporate Retribution, Samuel W. Buell Dec 2020

Retiring Corporate Retribution, Samuel W. Buell

Law and Contemporary Problems

No abstract provided.


The Government’S Prioritization Of Information Over Sanction: Implications For Compliance, Veronica Root Martinez Dec 2020

The Government’S Prioritization Of Information Over Sanction: Implications For Compliance, Veronica Root Martinez

Law and Contemporary Problems

No abstract provided.


The Body Corporate, Mihailis E. Diamantis Dec 2020

The Body Corporate, Mihailis E. Diamantis

Law and Contemporary Problems

No abstract provided.


Using The Corporate Prosecution And Sentencing Model For Individuals: The Case For A Unified Federal Approach, Rachel E. Barkow Dec 2020

Using The Corporate Prosecution And Sentencing Model For Individuals: The Case For A Unified Federal Approach, Rachel E. Barkow

Law and Contemporary Problems

No abstract provided.


State V. Best Appellant's Reply Brief Dckt. 47829 Dec 2020

State V. Best Appellant's Reply Brief Dckt. 47829

Not Reported

No abstract provided.


Does Social Protection Affect Infant Welfare?, Felix Wisnu Handoyo Dec 2020

Does Social Protection Affect Infant Welfare?, Felix Wisnu Handoyo

Jurnal Ekonomi Kesehatan Indonesia

This research aims to assess the impact of conditional cash transfer (PKH) program on infant welfare. The poor people usually treated their babies inadequately due to of lack of resources. Government intervention by social protection program is expected to contribute to increase infant welfare. Infant welfare determines their quality of future life, and to some extent will determine the quality of human resources in a country. This research uses two micro data set which are Indonesia family life survey (IFLS) 4 and 5. The method is using econometrics with difference-in-differences (DiD) model to measure impact of the CCT program. Then, …


A Historical Ecology Of Aridland Springs In Desert National Wildlife Refuge, Nuwu/Nuwuvi (Southern Paiute/Chemehuevi) Ancestral Territory, Nevada, Yarrow Sarah Valentine Geggus Dec 2020

A Historical Ecology Of Aridland Springs In Desert National Wildlife Refuge, Nuwu/Nuwuvi (Southern Paiute/Chemehuevi) Ancestral Territory, Nevada, Yarrow Sarah Valentine Geggus

Dissertations and Theses

Aridland springs are among the most threatened ecosystems in the world. Vital to desert ecologies and Indigenous cultures, these complex and individualistic ecosystems have layered histories. To inform management in the changing landscape of Desert National Wildlife Refuge, a 1.6 million acre protected area in Southern Nevada, I conducted a historical ecology study of a sample of ten upland springs. Through a six-part interdisciplinary methodology including interviews, archaeological survey, botanical survey, and archival research, I summarize findings into three broad eras: the Nuwu/Nuwuvi pre-Contact Era, the Settler Era, and the U.S. Fish and Wildlife Service Era.

For millennia, Nuwu/Nuwuvi drank …


Door Shut And Ears Plugged: How Consumer Reporting Casts Identity Theft Victims Out Of Financial Society And How The Law Can Be Harmonized To Bring Them Back In, Ryan Bolger Dec 2020

Door Shut And Ears Plugged: How Consumer Reporting Casts Identity Theft Victims Out Of Financial Society And How The Law Can Be Harmonized To Bring Them Back In, Ryan Bolger

Brooklyn Journal of Corporate, Financial & Commercial Law

Consumer Reporting Agencies (CRAs) are the gatekeepers to the American economy. As the chief informants for prospective lenders, landlords, and employers, they exert immense power over the day-to-day decisions of who gets what. Despite these high stakes, the CRAs run consumer reporting as an automated electronic process that causes a lot of reporting errors, disqualifying consumers from essential goods, services, and opportunities. This is painfully true in the context of identity theft, where perverse incentives pollute the integrity of consumer reporting, piling undue harm onto identity theft victims. The law provides a remedy for this problem, but circuit courts are …


Your Uber Driver Is Here, But Their Benefits Are Not: The Abc Test, Assembly Bill 5, And Regulating Gig Economy Employers, Brian A. Brown Ii Dec 2020

Your Uber Driver Is Here, But Their Benefits Are Not: The Abc Test, Assembly Bill 5, And Regulating Gig Economy Employers, Brian A. Brown Ii

Brooklyn Journal of Corporate, Financial & Commercial Law

In September 2019, California passed Assembly Bill 5 (AB 5) which adopts the ABC test as the standard for determining whether an individual worker is an employee or an independent contractor. This legislation is aimed at gig economy employers, such as Uber, whose workers are arguably misclassified as independent contractors, ultimately denying them access to benefits and the ability to unionize. This Note will discuss AB 5 by identifying the successes and pitfalls of the legislation. While AB 5 is a step in the right direction, the bill still needs to be refined to avoid gaps in enforcement. Further, this …


The Modern Pay For Play Model: Laws That Protect Student-Athletes' Fundamental Right To Commercialze Their Names, Images, And Likeness, Paul A. Schwabe Jr. Dec 2020

The Modern Pay For Play Model: Laws That Protect Student-Athletes' Fundamental Right To Commercialze Their Names, Images, And Likeness, Paul A. Schwabe Jr.

Brooklyn Journal of Corporate, Financial & Commercial Law

In O’Bannon v. NCAA, the United States District Court for the Northern District of California entered a permanent injunction against the National Collegiate Athletic Association enjoining the collegiate sports governing body from enforcing limits on student-athlete compensation derived from the use of their name, images, and likenesses rights. The court concluded that NCAA rules unreasonably restrained trade in violation of the Sherman Anti-Trust Act, however, neither the court nor the NCAA laid out a framework for lawfully implementing these new economic rights to student-athletes. Since that ruling, only one state’s legislature, California, has attempted to pass legislation to prevent the …


Cyber-Insecurity: The Reasonableness Standard In Internet Of Things Device Regulation And Why Technical Standards Are Better Equipped To Combat Cybercrime, Chynna Rose Foucek Dec 2020

Cyber-Insecurity: The Reasonableness Standard In Internet Of Things Device Regulation And Why Technical Standards Are Better Equipped To Combat Cybercrime, Chynna Rose Foucek

Brooklyn Journal of Corporate, Financial & Commercial Law

While the Internet of Things (IoT) has created an interconnected world via phones, laptops, and even household devices, it is not infallible. As cyber-attacks increase in frequency, affecting companies of all sizes and industries, IoT device manufacturers have become particularly vulnerable, due in large part to the fact that many companies fail to implement adequate cybersecurity protocols. Mass data breaches occur often. However, these companies are not held accountable due to the use of the reasonableness standard in existing cybersecurity legislation, which is flexible and malleable. In 2019, the California Legislature enacted a cybersecurity law specific to IoT device manufacturers. …


The Political Face Of Antitrust, Spencer Weber Waller, Jacob E. Morse Dec 2020

The Political Face Of Antitrust, Spencer Weber Waller, Jacob E. Morse

Brooklyn Journal of Corporate, Financial & Commercial Law

The last twenty years have brought antitrust back to the fore as a political issue of greater salience. Several booms and busts in the economy have highlighted the issue of corporate power in the economy and the political system. The growing influence and aggressiveness of the European Union and other jurisdictions’ competition laws have highlighted the relative retreat in the United States. Political movements in the United States have brought issues of corporate power and its abuse back into the public limelight and with them a greater political salience for antitrust in the election cycle of 2020.


The Revolution Of The Commercial Space Industry: Why Current Laws Must Be Replaced Before American Business Expands To The Moon And Beyond, Drew M. Fryhoff Dec 2020

The Revolution Of The Commercial Space Industry: Why Current Laws Must Be Replaced Before American Business Expands To The Moon And Beyond, Drew M. Fryhoff

Brooklyn Journal of Corporate, Financial & Commercial Law

Space, the final frontier. Resting at the rim of the Earth, an endless void full of opportunity awaits those who are willing to take a leap of faith. Historically, only national space programs have been capable of orchestrating expeditions to outer space. However, American aerospace companies now rival governmental entities in their abilities to operate beyond the Earth’s atmosphere. State-of-the-art developments in aerospace technology have positioned the American commercial space sector to become more productive than national space programs in the years to come. Unfortunately, the potential of the American commercial space sector is severely hindered under the Treaty on …


Alternative Data And Insider Trading: Are Investment Managers Assleep At The Wheel On Big Data Use?, William Montemarano Dec 2020

Alternative Data And Insider Trading: Are Investment Managers Assleep At The Wheel On Big Data Use?, William Montemarano

Brooklyn Journal of Corporate, Financial & Commercial Law

The rapid rise of “big data” has transformed the way that professional investors make investment decisions. In addition, the intersection of the United States federal securities laws and the use of “big data” to inform securities trading lies in uncharted waters. The nuanced and factually-dependent securities laws are far behind industry practices, and the Securities and Exchange Commission (SEC) and the Department of Justice (DOJ) have remained largely silent on the issue to date. This Note argues that this combination of murky laws and rapidly evolving business practices gives rise to legal and regulatory risk, and that investment managers leveraging …


A Radial Basis Function Finite Difference Scheme For The Benjamin–Ono Equation, Benjamin F. Akers, Tony Liu, Jonah A. Reeger Dec 2020

A Radial Basis Function Finite Difference Scheme For The Benjamin–Ono Equation, Benjamin F. Akers, Tony Liu, Jonah A. Reeger

Faculty Publications

A radial basis function-finite differencing (RBF-FD) scheme was applied to the initial value problem of the Benjamin–Ono equation. The Benjamin–Ono equation has traveling wave solutions with algebraic decay and a nonlocal pseudo-differential operator, the Hilbert transform. When posed on ℝ, the former makes Fourier collocation a poor discretization choice; the latter is challenging for any local method. We develop an RBF-FD approximation of the Hilbert transform, and discuss the challenges of implementing this and other pseudo-differential operators on unstructured grids. Numerical examples, simulation costs, convergence rates, and generalizations of this method are all discussed.


Examining Bicycle And Motorized Vehicle Speeds And Their Relationships In The Context Of Urban Roadways, Jaclyn Sue Schaefer Dec 2020

Examining Bicycle And Motorized Vehicle Speeds And Their Relationships In The Context Of Urban Roadways, Jaclyn Sue Schaefer

Dissertations and Theses

This thesis presents a compilation of papers exploring passenger car and bicycle speeds through their interactions with each other and with urban roadway factors.

First, following a concern raised in part of the traffic literature that a large mode shift toward bicycling may cause travel time delays and potentially exacerbate congestion instead of alleviate it unless bicycle lanes are installed, an empirical study detailing how the presence of bicycles on urban roads without bicycle lanes may affect passenger car speeds is presented. Pneumatic tube data from six predominantly low speed, low volume roads in Portland, Oregon were utilized to identify …


The Birth Mother’S Assent To Adoption And The Limitation Of Autonomy Of Women’S Will In Spanish Law: A Proposal De Lege Ferenda, María Victoria Mayor Del Hoyo Dec 2020

The Birth Mother’S Assent To Adoption And The Limitation Of Autonomy Of Women’S Will In Spanish Law: A Proposal De Lege Ferenda, María Victoria Mayor Del Hoyo

Journal of Civil Law Studies

Even though in Spanish law the act establishing the adoption is judicial in nature, declarations of will have special relevance in the process, since they are a necessary precondition for the adoption. This work focuses on the assent of the biological mother, who is affected by and has an interest in the adoption process, even if not a party to it herself. In this work, the foundation, configuration, and characteristics of this assent are studied, as well as the form of her declaration of will, and the ability of the mother to offer it. Special attention is paid to the …


Public And Private Intermingled: Changes In The Family And Property Laws Of Argentina, Julieta Marotta, Agustín Parise Dec 2020

Public And Private Intermingled: Changes In The Family And Property Laws Of Argentina, Julieta Marotta, Agustín Parise

Journal of Civil Law Studies

No abstract provided.


Jan Jakob Bornheim, Property Rights And Bijuralism, James Gordley Dec 2020

Jan Jakob Bornheim, Property Rights And Bijuralism, James Gordley

Journal of Civil Law Studies

No abstract provided.


Introduction To Robert A. Pascal’S Memorandum: The Code As A Textbook And A Rule Book, Olivier Moréteau, Robert A. Pascal Dec 2020

Introduction To Robert A. Pascal’S Memorandum: The Code As A Textbook And A Rule Book, Olivier Moréteau, Robert A. Pascal

Journal of Civil Law Studies

No abstract provided.


Leger V. Leger, Jessica Brewer Dec 2020

Leger V. Leger, Jessica Brewer

Journal of Civil Law Studies

No abstract provided.


Complete V.13 No.2 Dec 2020

Complete V.13 No.2

Journal of Civil Law Studies

No abstract provided.