Digital Commons Network^™

Effectuating An Impartial Jury Of One’S Peers: Why Washington Has More Work To Do To Achieve Peremptory Challenge Reform, Rachel Simon

Seattle Journal for Social Justice

No abstract provided.

Terry, Traffic Stops, And Tragedy: Conflicts And Concerns In The Wake Of Kansas V. Glover, Hunter J. Rodgers

Seattle Journal for Social Justice

No abstract provided.

Life Is A Highway: Addressing Legal Obstacles To Foster Youth Driving, Lucy Johnston-Walsh

Seattle Journal for Social Justice

No abstract provided.

The Icc Judgement In Al Mahdi: Heritage Communities And Restorative Justice In The International Criminal Protection Of Cultural Heritage, Simona Pinton

Seattle Journal for Social Justice

No abstract provided.

The “Green Patent Paradox” And Fair Use: The Intellectual Property Solution To Fight Climate Change, Samuel Cayton

Seattle Journal of Technology, Environmental, & Innovation Law

As the climate crisis consistently worsens, the United States’ response to the crisis has proven inconsistent. Even with the United States likely to recommit to the Paris Climate Agreement, political tensions will likely further delay a climate response. The polarized characterization of the Green New Deal, the inaction of scientifically misguided conservatives, and the incessant proposal for middle ground approaches lacking the urgency needed to change course all contribute to this delay. While swift action from the federal government is needed, looking to the private sector to transition to sustainability is equally important. Specifically, patent protection is a strong intellectual …

The Fossil Fuel Industry’S Push To Target Climate Protesters In The U.S., Grace Nosek

Pace Environmental Law Review

At the very moment when the United Nations has called for profound shifts in social and economic systems to avert climate catastrophe, state and non-state actors in the United States (U.S.) are using a series of tactics to target and stifle climate protesters. Although the move to stifle climate protesters is often framed as a government effort, this Article argues it is critical to draw out the role of the fossil fuel industry in initiating, amplifying, and supporting such tactics.

This Article highlights the role the fossil fuel industry has played in supporting the targeting and restricting of climate protesters …

Utilization Of Geographical Indication Protection System For Traditional Handicrafts In Indonesia, Ranggalawe Suryasaladin Sugiri

Indonesia Law Review

This work attempts to analyze the implementation of the GI law and regulations in the traditional handicraft industry in Indonesia. We particularly focus on the natural and human factors that are assessed when stakeholders apply for GI registration for their traditional handicraft products. This work also analyzes the books of requirements of five handicrafts with registered GIs in Indonesia. Indonesia’s GI regulations and policies, especially with regard to handicrafts, are compared with those of India and Thailand. The article comprises four chapters. Chapter 1 introduces the topic of this work. Chapter 2 explores the protection of traditional handicrafts through GI …

Between Control And Empowerment: Local Government And Acknowledgement Of Adat Villages In Indonesia, Tine Suartina

Indonesia Law Review

The local government’s acknowledgment of adat (customary) communities and adat villages, as regulated in the Village Law 6/2014 , appear to signal an increasing recognition of adat law. However, the current acknowledgment practices and adat village formalizations have become areas of legal contestation between adat communities and state-national and local governments. Despite the resurgence of formal legal pluralism, those acknowledgment and accommodation mechanisms are double-edged. They involve control and empowerment as emphasized in Hellman’s framework applied to analyze the dilemma in a plural society regarding cultural politics. On the one hand, the acknowledgment and accommodation mechanisms conducted through an official …

Foreign Interference In Elections Under The Non-Intervention Principle: We Need To Talk About “Coercion”, Steven Wheatley

Duke Journal of Comparative & International Law

This article looks at the problem of foreign state cyber and influence operations targeting democratic elections through the lens of the non-intervention principle. The work focuses on the meaning of “coercion” following the 1986 Nicaragua case, wherein the International Court of Justice concluded that “[i]ntervention is wrongful when it uses methods of coercion.” The analysis shows that coercion describes a situation where (1) the foreign power wants the target state to do something and wants to be certain this will happen; (2) the outside power then takes some action, either by issuing a coercive threat, using coercive force, or engaging …

Cutting Submarine Cables: The Legality Of The Use Of Force In Self-Defense, Blair Shepherd

Duke Journal of Comparative & International Law

No abstract provided.

A Step Closer: Economic Integration And The African Continental Free Trade Area, Nsongurua J. Udombana

Duke Journal of Comparative & International Law

Post-colonial Africa views economic integration as an endogenous means for attaining self-reliant, sustainable development. Working under various regional and sub-regional economic institutions, states elaborated several norms in search of legitimacy in economic competence. However, several political and economic pathogens, including weak institutions, have blighted those efforts. This paper interrogates the African Continental Free Trade Area (AfCFTA or CFTA), which is the latest attempt to reboot the integration drive and achieve sustainable development. The CFTA seeks to create a geographic zone where goods and services will move freely among member states by removing trade distortions and boosting factor mobility, competition, and …

Data Governance And The Elasticity Of Sovereignty, Roxana Vatanparast

Brooklyn Journal of International Law

Traditionally, the world map and territorially bounded spaces have dominated the ways in which we imagine how states govern, make laws, and exercise their authority. Under this conception, reflected in traditional international law principles of territorial sovereignty, each state would have exclusive authority to govern and make laws over everything concerning the land within its borders. Yet developments like the proliferation of data flows, which are based on divisible, mobile, and interconnected components of data, are not territorially bounded. This presents a challenge to the traditional bases for territorial sovereignty and jurisdiction under international law, which some scholars claim is …

Will They Stay Or Will They Go? An Examination Of South Africa’S International Invest Arbitration Policy, Taylor Bates

Brooklyn Journal of International Law

In 2018, South Africa’s much debated Protection of Investment Act, 2015 went into effect. Designed to replace the state’s bilateral investment treaties, the Act signified a radical shift in South Africa’s attitude towards international investment policy. South Africa’s decision to terminate its bilateral investment treaties is part of a larger, ongoing discussion surrounding investor-state dispute resolution reform. This Note seeks to examine South Africa’s Protection of Investment Act, 2015, its proposal for investor-state dispute settlement reform to Working Group III, and its comments during investor-state dispute settlement reform meetings, through the lens of Albert Hirschman’s Exit, Voice, and Loyalty theory. …

Functional Statehood In Contemporary International Law, William Thomas Worster

Brooklyn Journal of International Law

The international community lacks a form of territorial-based, international legal personality distinct from statehood, and yet, non-state, territorial entities of varying degrees of autonomy or independence need to function within the international community in some form. Some of these entities cannot be recognized as states because their creation violates jus cogens norms, though others are not recognized based on an assessment that they may not fully qualify as a state or that there are political reasons to refuse recognition. However, existing states still need to engage with these territorial quasi-states through the only paradigm the international community has—statehood. For example, …

Reframing Housing: Incorporating Public Law Principles Into Private Law, Kristen Barnes

Duke Journal of Comparative & International Law

A new public-private law paradigm is developing with respect to the relationship of the state to private contracts. The paradigm melds private law concepts like unconscionability, good faith, and fair dealing with the public human rights principles of dignity and vulnerability. I trace this paradigm shift in the context of the housing law of Spain, where several rich cultural and legal resources have inspired a new sensibility with regard to residential mortgage loan contracts, rental agreements, and the overall duties and obligations of governments to address the citizenry’s housing needs. Although this reorientation reflects decisions from the European Court of …

Directors’ Duty Of Care In Times Of Financial Distress Following The Global Epidemic Crisis, Leon Yehuda Anidjar

Brooklyn Journal of International Law

The global COVID-19 pandemic is causing the large-scale end of life and severe human suffering globally. This massive public health crisis created a significant economic crisis and is reflected in a recession of global production and the collapse of confidence in the functions of markets. Corporations and boards of directors around the world are required to design specific strategies to tackle the negative consequences of the crisis. This is especially true for small and medium-sized enterprises (SMEs) that suffered tremendous economic loss, and their continued existence as ongoing concern is under considerable risk. Given these uncertain financial times, this Article …

The George-Anne Daily, Georgia Southern University

George-Anne Media Group: Newsletters & Magazines

No abstract provided.

Evaluation Of The Diversity Of Durum Wheat Coleoptera (Triticum Durum Desf.) In The Region Of Sigus Oum El Bouaghi (Eastern Algeria), Amokrane Assia, Khammar Hichem, Hadjab Ramzi, Saheb Menouar

Journal of Bioresource Management

The Oum El Bouaghi region in Eastern Algeria, long considered as a cereal-growing area is nowadays a durum wheat production region par excellence. Although the damage caused by Coleoptera is very significant, studies on the knowledge of their diversity are few and remain limited for some entomological groups. Our work is the first step to evaluate the diversity of Coleoptera and the long-term impact of taking biological management measures against harmful fauna in favour of more environment friendly agriculture. To assess the beetle community, different sampling methods were combined (Barber trap, coloured traps, mowing net and sight hunting). Evaluation of …

Capparis Decidua Edgew (Forssk.) Stem Extract Alleviates The Water Stress Perturbations In Wheat (Triticum Aestivum L.) At Early Growth Stage, Muhammad Nawaz, Qasim Ali, Muhammad Azeem, Fehmina Asghar, Hasnain Ishaq, Naeem Iqbal, Sajid -Ur-Rahman

Journal of Bioresource Management

Water shortage is one of the major limiting factors of crop productivity worldwide. This study was planned to explore the impact of Capparis decidua stem extract on wheat varieties (FSD-2008, 12066 and 13348) under water stress condition. Water deficit condition negatively impacted the seedling germination, growth, photosynthetic pigments and ions uptake capacity. Water limited condition significantly (p≤0.05) increased time to attain 50% germination, lipid peroxidation, H₂O₂ and enhanced the antioxidant mechanism to overcome the oxidative stress. Different concentrations of C. decidua extract i.e. Not Soaking (NS), 10%, 20%, 30% and 40% were used for seed …

The Quality Of Peace In Post-Conflict Situation: A Comparative Study Between Armed Conflicts In Aceh And Bangsamoro, Ikhwan Rahmatika Latif, Dyah Mutiarin, Achmad Nurmandi

Global: Jurnal Politik Internasional

This article investigates the quality of peace in armed conflicts that occurred in the Southeast Asia region. The authors compared the cases of Aceh, where the armed conflict between the Free Aceh Movement or GAM and the government of Republic Indonesia ended peacefully with the Helsinki Memorandum of Understanding, with the conflict in the southern Philippines, where a peace agreement, the Comprehensive Agreement on the Bangsamoro, was successfully achieved between the government of Philippines and the Moro Islamic Liberation Front. This research employed document analysis to analyse the peace settlement documents of both parties and the derivative laws of the …

Catalan Identity And Paradiplomacy Strategy In Catalonia’S Independence Movement, Windy Dermawan, Akim Akim

Global: Jurnal Politik Internasional

This article seeks to analyse how Catalan identity, within the context of its conflict with the Spanish government, contributes to its foreign relations with the global public through paradiplomacy. This article uses qualitative research method with literature study. It finds that Catalonia, as one of Spain’s autonomous regions, have a distinct history, language, and culture from other Spanish regions. To protect their identity, there have been an emergence of movement for greater Catalan autonomy, even independence. This conflict reached climax on 1 October 2017 when the Catalan government initiated an independence referendum amongst Catalan people, with the majority voted for …

An Examination Of The Sociocultural, Religious, And Racial Adjustment Experiences Of Jamaican Professionals In South Florida, Sharon R. Ritchie-Brown

Theses and Dissertations

An Examination of the Sociocultural, Religious, and Racial Adjustment Experiences of Jamaican Professionals in South Florida. Sharon Ritchie-Brown, 2020: Applied Dissertation, Nova Southeastern University, Abraham S. Fischler College of Education and School of Criminal Justice. Keywords: immigrants, professional occupations, ethnic groups, culture, social adjustment

This transcendental phenomenological research was designed to advance an understanding of the adjustment experiences of Jamaican immigrant professionals in South Florida, United States. While the majority of present literature examines acculturation and adjustment experiences of other immigrant groups, there is not enough literature regarding the adjustment experiences of Jamaican immigrant professionals who have made significant contributions …

Of Sex Crimes And Fencelines: How Recognition Of Environmental Justice Communities As Crime Victims Under State And Federal Law Can Help Secure Environmental Justice, Joshua Ozymy, Melissa L. Jarrell

Pace Environmental Law Review

Environmental justice communities throughout the United States continue to face disproportionate health burdens from living near industrial sources of pollution. Such burdens were caused by historically racist public policies and continue to be perpetuated by inadequate regulatory responses at the federal and state level. State and federal law has increasingly recognized an emerging set of rights afforded to victims of crime in court proceedings. We argue that members of environmental justice communities should be viewed as crime victims and have the same rights applied as other victims of violent crime. Using case examples under the federal Crime Victims’ Rights Act …

Unveiling The “Trojan Horses” Of Gentrification: Studies Of Legal Strategies To Combat Environmental Gentrification In Washington, D.C. And New York, N.Y., Sarena Malsin

Pace Environmental Law Review

No abstract provided.

Agricultural Pesticide Use In The Upper Citarum River Basin: Basic Data For Model-Based Risk Management, Rosetyati R. Utami, Gertjan W. Geerling, Indah R. S. Salami, Suprihanto Notodarmojo, Ad M.J. Ragas

Journal of Environmental Science and Sustainable Development

Since the middle of the 20th century, pesticide use has been a primary foundation of global agricultural development. However, the massive usage of pesticides can have detrimental impacts on human health and the environment, particularly in the aquatic ecosystem. This study determined the use of pesticides in the agricultural area of the Upper Citarum River Basin (UCRB); a crucial water resource on Java Island. A survey of 174 farmers was conducted in eight districts along the basin by using the random walk and quota sampling method. The questionnaire was designed to acquire data about the amount and types of pesticides …

Relationship Between Hotels' Design Adequacy And Hoteliers' Perception Of Sustainable Energy Management In Abuja, Nigeria, Aisha Isa Shehu, Bala Ishiyaku, Hadiza Balarabe Kudan, Sani Inusa Milala

Journal of Environmental Science and Sustainable Development

Energy is a sustainability issue receiving primary global concern. Improving energy efficiency and utilizing renewable resources are important in building energy sustainability. An energy-efficient design is a basis for controlling energy efficiency in buildings, and it is highly motivated by the sustainable energy management perception of relevant stakeholders. Hotels have high energy intensities and high working costs. This study investigates the relationship between hotel design adequacy and hoteliers' perception of sustainable energy management in Abuja, Nigeria. The investigation embraces quantitative structure utilizing exploratory and elucidating techniques. The mean ranking and Pearson product-moment correlation results revealed substantial and weak positive correlations …

Tiny House: Reflection On Participatory Action Research As A Tool Of Inquiry In The Kampung Community, Elita Nuraeny, Amira Paramitha, Herlily Herlily

Journal of Environmental Science and Sustainable Development

At the end of 2015, the government of Jakarta declared a river normalization program to widen both banks of the Ciliwung River and increase its channel capacity. Approximately 15 meters of inspection road was to be constructed immediately. To avoid eviction, 223 households in Kampung Anak Kali (KAKC) reduced their domestic spaces by shearing five meters off their houses, forcing them to allocate less space for daily activities, including cooking, bathing, and washing. Living in a tight space, constructing a tiny house is a necessity, not a lifestyle choice. The residents of KAKC, therefore, live in limited areas for survival, …

Sustainable Development In The Aspect Of Auditing In Condition Of Transformation Of Social Insurance System, Muqadamkhon Zokirkhonovna Abdurahmonova

Journal of Environmental Science and Sustainable Development

In the modern condition of economy transformation, in the result of reformation of social insurance system appeared different problems. In the result of previous research about the transformation of social insurance system we defined some disadvantages of this sphere expressed in candidate dissertation on theme “Features of development and modernisation of social security system in the national economy of Tajikistan”. The problems regarding to amount of social insurance influenced to the research in the aspect of auditing. So, just by controlling and revision procedures determines economic based decisions for decreasing problems. Methods. In the process of our research, we used …

Surveying The Methodological And Analytical Foundations Of The New Institutional Economics: A Critical Comparison With Neoclassical And (Old) Institutional Economics, Giorgos Meramveliotakis

Economic and Business Review

The purpose of this article is to review the methodological and analytical foundations of the New Institutional Economics by implying a critical comparison with the Neoclassical and (old) Institutional Economics. After a discussion of the fundamental definitions and concepts of the New Institutional Economics, I turn to the critical comparison with other schools of thought. It is shown that the New Institutional Economics does not break fundamentally from the neoclassical economics. To the contrary, it can be fairly argued that the New Institutional Economics is a research program which is developed within and around the dominant neoclassical paradigm. On the …

Pomen Notranje Komunikacije Za Učinkovitost Delavskega Soupravljanja, Valentina Franca, Ana Arzenšek

Economic and Business Review

The article focuses on worker representative cooperation in management bodies and works councils in selected Slovenian companies, their mutual communication and degree of management inclusion activity in such processes. Using a qualitative research approach and semi-structured interviews in 19 selected companies with CEO or board members, worker representatives in the supervisory boards and works council members, we identified stakeholder internal communication best practice and found that well-considered, comprehensive, timely and accurate internal communication in line with company culture is not only essential for ensuring sufficient information but also for maintaining and improving constructive relationships for the efficient implementation of worker …