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2020

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Journal Staff Dec 2020

Journal Staff

Duke Environmental Law & Policy Forum

No abstract provided.


The Environmental Protection Agency’S Role In U.S. Climate Policy- A Fifty Year Appraisal, Jody Freeman Dec 2020

The Environmental Protection Agency’S Role In U.S. Climate Policy- A Fifty Year Appraisal, Jody Freeman

Duke Environmental Law & Policy Forum

No abstract provided.


A Step Closer: Economic Integration And The African Continental Free Trade Area, Nsongurua J. Udombana Dec 2020

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 …


Foreign Interference In Elections Under The Non-Intervention Principle: We Need To Talk About “Coercion”, Steven Wheatley Dec 2020

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 Dec 2020

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

Duke Journal of Comparative & International Law

No abstract provided.


Note From The Editor Dec 2020

Note From The Editor

Alaska Law Review

No abstract provided.


Alaska’S Ballot Initiative Today: History, Practice, And Process, Elizabeth M. Bakalar Dec 2020

Alaska’S Ballot Initiative Today: History, Practice, And Process, Elizabeth M. Bakalar

Alaska Law Review

Since statehood, Alaska’s Constitution has included the right of the people to enact legislative change by direct democracy. The state’s initiative process as governed by the Alaska Constitution, statutes, and caselaw reflects a delicate balance of citizen participation within carefully crafted guardrails meant to ensure the efficacy of the process and the role of the legislature. Alaska courts have developed a still-evolving body of caselaw interpreting the restrictions on the subject and scope of ballot initiatives, the role of the executive and judicial branches in the initiative process, and the timing and procedural features of the process. Navigating the initiative …


Alaskan Exceptionalism In Campaign Finance, Chad Flanders Dec 2020

Alaskan Exceptionalism In Campaign Finance, Chad Flanders

Alaska Law Review

This article argues that Alaska’s efforts in campaign finance reform are closely tied to a philosophy of “Alaskan Exceptionalism”: the view that Alaska is fundamentally different from other states. A recent decision from the Supreme Court, Thompson v. Hebdon , may, however, weaken Alaska’s right to justify its reforms through an “exceptionalist” lens. The same decision suggests the Supreme Court is further narrowing its campaign finance jurisprudence more generally. Without these campaign finance limits, Alaskan politics may continue to be dominated by the oil and gas industry, the very problem those limits sought to address in the first place


Retaining Judicial Independence: Solutions To Increasing Threats To Alaska’S Judicial Merit System, Ryan Kuchinski Dec 2020

Retaining Judicial Independence: Solutions To Increasing Threats To Alaska’S Judicial Merit System, Ryan Kuchinski

Alaska Law Review

While the judicial merit system in Alaska has effectively balanced accountability with the competing need for independence in the judiciary, the growing trend of politicized retention elections threatens that independence. This Note examines the threat to the Alaskan judicial merit system, argues for the importance of protecting an independent judiciary, and proposes a number of potential solutions to reform or replace the current retention election system.


When Misrepresentation Becomes Deceptive: Analyzing Petition-Signer Inadvertence Post-Cambell, Melissa English, Daisy Gray Dec 2020

When Misrepresentation Becomes Deceptive: Analyzing Petition-Signer Inadvertence Post-Cambell, Melissa English, Daisy Gray

Alaska Law Review

In 2010, the Alaska supreme court held that a legally deficient petition summary of a ballot initiative could be corrected and put on the ballot without being recirculated for signatures. The Parental Involvement Initiative at the root of the litigation would prohibit doctors from performing abortions for unemancipated minor women who had not provided notice to or obtained consent from a parent. After the petition was circulated for signatures, the supreme court determined that omissions of fact in the petition summary rendered the summary inaccurate and therefore deficient. However, the court refused to require that the initiative sponsors recirculate the …


Journal Staff Dec 2020

Journal Staff

Alaska Law Review

No abstract provided.


Foreword From Handling Editor – 8th Edition, Astari Dwiranti Dec 2020

Foreword From Handling Editor – 8th Edition, Astari Dwiranti

ASEAN Journal of Community Engagement

We are delighted to present the 8th edition of AJCE, published in December 2020. We have selected eleven of the best articles for this edition, consisted of six Research Articles, one Review Article, and four Case-Based Articles. These articles presented the valuable and interesting information with the broad ranges covering three sub-themes, i.e. education (Community engagement in COVID-19 responses, intellectual property rights, and technique to decrease depression level), Economy (participatory budget during the Covid-19 pandemic, and Empowering Botswana’s rural communities), and Health (Development-induced displacement on the Tribal community, Combating COVID-19 infodemic, Village fund accountability and gendering, stunting early detection, …


Impact Of Development-Induced Displacement On The Tribal Community, With Special Reference To The Women In Odisha, Debasree De Dec 2020

Impact Of Development-Induced Displacement On The Tribal Community, With Special Reference To The Women In Odisha, Debasree De

ASEAN Journal of Community Engagement

Anti-displacement movements are one of the burning issues in the current global scenario. Global south has been experiencing such widespread resistance since the inception of its anti-colonial struggle. Gender in this context has played a crucial part to make it a large-scale mass movement, as the women bear the brunt of displacement. It is chiefly because they have economic independence as they have customary rights over the communal property resources. Displacement has caused mental trauma for the adivasi women who end up being prostitutes to eke out livelihoods. In this background the present article seeks to explore the impact of …


Citizen Participation In Times Of Crisis: Understanding Participatory Budget During The Covid-19 Pandemic In Nepal, Thaneshwar Bhusal Dec 2020

Citizen Participation In Times Of Crisis: Understanding Participatory Budget During The Covid-19 Pandemic In Nepal, Thaneshwar Bhusal

ASEAN Journal of Community Engagement

This research assumes that various forms and scales of lockdowns and social distancing measures have limited local decision-makers’ ability to reach out to communities as part of their mandatory annual participatory budgeting processes. Building upon this proposition, this article assesses Nepal’s local budgeting process of 2020 to understand the degree to which it succeeded (or failed) in incorporating citizen’s voices in the annual handbook of local public policies and budgets. The research followed a qualitative case study research methodology. It generated interviews with participants including ordinary people, local politicians, and bureaucrats from 20 different municipalities and a federal ministry in …


Combating Covid-19 Infodemic In Nigerian Rural Communities: The Imperatives Of Traditional Communication Systems, Joseph M. Lucas, Tordue Simon Targema, Abubakar Jibril, Elkanah Obadiah Sambo, Bako Ali Istifanus Dec 2020

Combating Covid-19 Infodemic In Nigerian Rural Communities: The Imperatives Of Traditional Communication Systems, Joseph M. Lucas, Tordue Simon Targema, Abubakar Jibril, Elkanah Obadiah Sambo, Bako Ali Istifanus

ASEAN Journal of Community Engagement

Since the outbreak of COVID-19 in December 2019, substantial attention has been devoted to combating the infodemic that has come to characterize it with the potential to prevent its effective containment. This is undoubtedly a very difficult task, especially in Nigerian rural communities that are characterized by severe lack of the requisite facilities to access information on modern media platforms, compounded by high illiteracy and poverty rates. This study presents a case for the utilization of people-oriented, traditional communication systems in combatting the infodemic at the grassroots level. It contends that, given the peculiarities of the country’s rural settlements, traditional …


Village Fund Accountability And Gendering In Masculine Hegemonic Institution: A Study During Covid-19, Desti Fitriani, Elvia R. Shauki, Siti Czafrani Pratiwi Dec 2020

Village Fund Accountability And Gendering In Masculine Hegemonic Institution: A Study During Covid-19, Desti Fitriani, Elvia R. Shauki, Siti Czafrani Pratiwi

ASEAN Journal of Community Engagement

The study is aimed to evaluate accountability and gender roles in enhancing the accountability of village fund and other government-related assistance during COVID-19 pandemic. This study employed an integrated framework of accountability, gender socialization theory and gender subtext theory. This study applies a case study with 2 (two) types of instruments, i.e., observations and semi-structured interviews. The villages observed have provided limited information regarding the BLT DD assistance and other COVID-19 related assistance. Consequently, the villagers did not have sufficient information to participate in the village decision-making process and to criticize BLT DD assistance and other COVID-19 related assistance distribution …


Community Engagement In Covid-19 Responses: Evidence From Qualitative Interface With Community Opinion Leaders In Enugu, Nigeria, Prince Agwu, Chinweoke Methodius Ugwu, Chidera Florence Eke Dec 2020

Community Engagement In Covid-19 Responses: Evidence From Qualitative Interface With Community Opinion Leaders In Enugu, Nigeria, Prince Agwu, Chinweoke Methodius Ugwu, Chidera Florence Eke

ASEAN Journal of Community Engagement

Successful stories of community engagement existed during the Ebola disease outbreak in Liberia, indicating that a combination of government and community efforts are needed in addressing pandemics or epidemics. However, for communities to rise to the challenge of containing and combatting the spread of any disease, they must be communicated most effectively and supported by the government. Therefore, our study investigates how applicable successful community engagement has been in the charge against the Coronavirus disease 2019 (COVID-19) in Nigeria. Through telephone interviews, we sourced data from 12 community opinion leaders in Enugu State, Nigeria. After conducting a thematic analysis of …


The 21st Century Global Digital Economies Revolution And The Aftermath Of Covid-19 Pandemic: Some Anticipated Implication Changes For Developing Nations, Agyei Fosu Dec 2020

The 21st Century Global Digital Economies Revolution And The Aftermath Of Covid-19 Pandemic: Some Anticipated Implication Changes For Developing Nations, Agyei Fosu

ASEAN Journal of Community Engagement

The 21st century digital global economies era changed developmental approaches drastically to a point where most researchers, policy makers, and developers have asserted that to achieve economic development for developing nations; it is paramount for Information and Communications Technologies (ICTs) investments in all sectors contributing to their economy. The current COVID-19 pandemic and the various measures taken by governments such as lockdown, curfew, companies asking employees to work from home, and the use of e-learning by schools to curb the disease brings into perspective the assertion raised by various scholars about the need for developing nations to invest in …


Forming A Collective Brand: Women’S Community Small Medium Enterprises And Intellectual Property Rights, Tuti Widiastuti, Nurul Asiah, Wahyudi David Dec 2020

Forming A Collective Brand: Women’S Community Small Medium Enterprises And Intellectual Property Rights, Tuti Widiastuti, Nurul Asiah, Wahyudi David

ASEAN Journal of Community Engagement

Women, as part of a community, have a limited role in developing themselves and getting various opportunities in the professional domain. Some women move to a community to conduct productive activities, such as the Kota Pelangi Community in the Pancoran subdistrict of South Jakarta. They consist of homemakers who are still productive and have started various small, processed food businesses. However, their efforts are constrained by the quality of processed food products and they have not been able to compete with the market. Branding or updating a brand can be a long process, but it requires considerable input and creativity. …


Cadres’ Role In Posyandu Revitalization As Stunting Early Detection In Babakan Madang Sub-District, Bogor District, Nurul Dina Rahmawati, Ratu Ayu Dewi Sartika Dec 2020

Cadres’ Role In Posyandu Revitalization As Stunting Early Detection In Babakan Madang Sub-District, Bogor District, Nurul Dina Rahmawati, Ratu Ayu Dewi Sartika

ASEAN Journal of Community Engagement

Stunting, the inability to reach one's full potential, still remains common in Indonesia. As a result of stunting’s intergenerational consequences, many strategies have been conducted by both government and non-government organizations to tackle this issue, including nutrition-specific and sensitive interventions, with Integrated Health Service Post (Posyandu) revitalization as one of the key measures to provide valid, reliable, and up-to-date data to establish the early detection and management of stunting. Unfortunately, this role is sub-optimally performed due to the limited competence of the health volunteers (cadres) that correlates with the suppressed parents’ motivation to visit a Posyandu. Moreover, their …


Training Program To Support Posbindu Cadre Knowledge And Community Health Centre Staff In The Geriatric Nutrition Service, Fatmah Fatmah Dec 2020

Training Program To Support Posbindu Cadre Knowledge And Community Health Centre Staff In The Geriatric Nutrition Service, Fatmah Fatmah

ASEAN Journal of Community Engagement

The geriatric minimal service standard (SPM) coverage in Depok has steadily decreased from 37.53% in 2013 to 11.8% in 2018. One factor affecting the problem is a lack of patient participation and the inability of posbindu (integrated service post for older people) cadres to perform their tasks. To increase the coverage of older people visiting posbindu, it is necessary to raise the knowledge and skill levels of posbindu cadres and community health centre staff in Depok. The skills include performing nutritional status assessment (NSA) and screening, early detection of dementia, independence assessment, and elderly nutrition counselling. This is a …


Mula Sa Editor (Disyembre 2020), Florentino T. Timbreza, Rowell Madula Dec 2020

Mula Sa Editor (Disyembre 2020), Florentino T. Timbreza, Rowell Madula

Malay Journal

Nilalaman nito ang pambungad na mensahe ng mga editor para sa isyu.


Foreign Institutional Shareholders And Corporate Payout Policy, Rahmat Setiawan, Nova Christiana, Sanju Kumar Singh Dec 2020

Foreign Institutional Shareholders And Corporate Payout Policy, Rahmat Setiawan, Nova Christiana, Sanju Kumar Singh

Jurnal Akuntansi dan Keuangan Indonesia

This study examines the effect of foreign institutional shareholders (FIS) on corporate payout policy. The study employs 97 Indonesian manufacturing firms listed on the Indonesia Stock Exchange period 2011-2015. Multivariate Tobit and Logit are employed to estimate the model. The result confirms the bird in the hand theory that FISs need assurance of their investments in the emerging market. FIS has a monitoring role over the firms since they have the ability to detect the firm’s quality and the agency problem within. The result confirms that the presence of the FIS in the firm has a positive and significant effect …


Feedback’S Effect On Budgetary Slack And Self-Efficacy As Moderation Variable, Aryani Intan Endah Rahmawati, Supriyadi , Dec 2020

Feedback’S Effect On Budgetary Slack And Self-Efficacy As Moderation Variable, Aryani Intan Endah Rahmawati, Supriyadi ,

Jurnal Akuntansi dan Keuangan Indonesia

This study aimed to examine the effect of positive and negative feedback on budgetary slack and the interaction between feedback and self-efficacy on budgetary slack under a condition of information asymmetry. Preliminary researches have tested various ways of mitigating budgetary slack practices, which did not separate the effects of positive and negative feedback. This study hypothesized that positive feedback minimizes the potential for budgetary slack under conditions of information asymmetry—and vice versa. Additionally, high self-efficacy reinforces positive feedback in reducing budgetary slack under conditions of information asymmetry—and vice versa. By employing experimental data, this study documented the results that positive …


Relationship Between Foreign Direct Investment And Stock Market Development In A Small Southern Africa Economy, Duduzile Ngobe, Kalu O. Emenike Dec 2020

Relationship Between Foreign Direct Investment And Stock Market Development In A Small Southern Africa Economy, Duduzile Ngobe, Kalu O. Emenike

Jurnal Akuntansi dan Keuangan Indonesia

This paper investigates the relationship between foreign direct investment and stock market development in a small southern African economy. Specifically, the paper analyses long-run, short-run and causal relationships between foreign direct investment and stock market development in Eswatini for the 1990 to 2018 periods. Results of preliminary analyses of the variable show existence of positive skewness, fat-tailed, non-normal distribution, and I(1) order of integration for the foreign direct investment and stock market return series. Estimates from the ARDL model indicate evidence of a positive and statistically insignificant long-run relationship between foreign direct investment and stock market development in the kingdom …


The Obstacle Factors Of Musharakah And Mudharabah Application In Pakistan, Muhammad Arsalan Khan, Dodik Siswantoro, Abid Ur Rahman Dec 2020

The Obstacle Factors Of Musharakah And Mudharabah Application In Pakistan, Muhammad Arsalan Khan, Dodik Siswantoro, Abid Ur Rahman

Jurnal Akuntansi dan Keuangan Indonesia

Islamic Banking is based on the Islamic financial system. It is a banking system whose fundamental rules and regulations are established on Shariah laws i.e., Islamic jurisprudence originated from the Quran and Sunnah of the Prophet Muhammad peace be upon him. Its functions must comply with Shariah rules and must not violate any Shariah principle. The Islamic finance system is based on Profit-loss sharing financing namely, Musharakah and Mudharabah but there are numerous issues and challenges faced by Islamic bank during the implementation of Musharakah and Mudharabah financing contracts. The various paper has been revealed some of the internal and …


Predictive Value Of Other Comprehensive Income: Evidence From Asean, Puji Rahayu, Indra Wijaya Kusuma Dec 2020

Predictive Value Of Other Comprehensive Income: Evidence From Asean, Puji Rahayu, Indra Wijaya Kusuma

Jurnal Akuntansi dan Keuangan Indonesia

This paper examines the predictive value of other comprehensive income and its disclosure in ASEAN. Unlike value relevance, the predictive value of other comprehensive income has not been extensively addressed in the literature. We conduct the first study examining the predictive value of other comprehensive income and its disclosure to prove that not only fair value as relevant information, but also other comprehensive income reflecting the changes of fair value. We use hand-collected data taken from the financial reports. This study employs a panel regression model to test the ability of other comprehensive income and its disclosure to predict firms’ …


Accounting Information In The Fama And French Three-Factors Model, Rianty Nikita Lotazia Pondaag, Erni Ekawati Dec 2020

Accounting Information In The Fama And French Three-Factors Model, Rianty Nikita Lotazia Pondaag, Erni Ekawati

Jurnal Akuntansi dan Keuangan Indonesia

The purpose of this study is to reexamine the ability of the Fama-French Three Risk Factor Model to explain stock portfolio returns in countries with different economic levels, as well as examine the effect of accounting information derived from book-to-market on stock portfolio returns. The sample used was a manufacturing company on the Indonesia Stock Exchange and the Tokyo Stock Exchange from 2013-2018. The results show that the three risk factors of the Fama-French model apply consistently to explain the variation in stock portfolio returns in developed markets. For the portfolio of shares in the emerging market, model Fama-French does …


The Hallmarks Of A Good Test: A Proposal For Applying The "Functional Equivalent" Rule From County Of Maui V. Hawaii Wildlife Fund, Damien M. Schiff, Glenn E. Roper Dec 2020

The Hallmarks Of A Good Test: A Proposal For Applying The "Functional Equivalent" Rule From County Of Maui V. Hawaii Wildlife Fund, Damien M. Schiff, Glenn E. Roper

Pace Environmental Law Review

The Clean Water Act generally requires a federal permit for the discharge of pollutants “from any point source” to navigable waters. It is undisputed that permits are required for discharges of pollutants from point sources that proceed “directly” to regulated waters. But there is much disagreement over the extent to which indirect point-source discharges are regulated. In an attempt to clarify, the United States Supreme Court in County of Maui v. Hawaii Wildlife Fund ruled that permits are required not just for direct point-source discharges, but also for any point-source discharge that is the “functional equivalent” of a direct point-source …


Therapeutics Development For Pseudoxanthoma Elasticum And Related Ectopic Mineralization Disorders: Update 2020., Hongbin Luo, Qiaoli Li, Yi Cao, Jouni Uitto Dec 2020

Therapeutics Development For Pseudoxanthoma Elasticum And Related Ectopic Mineralization Disorders: Update 2020., Hongbin Luo, Qiaoli Li, Yi Cao, Jouni Uitto

Department of Dermatology and Cutaneous Biology Faculty Papers

Pseudoxanthoma elasticum (PXE), the prototype of heritable ectopic mineralization disorders, manifests with deposition of calcium hydroxyapatite crystals in the skin, eyes and arterial blood vessels. This autosomal recessive disorder, due to mutations in ABCC6, is usually diagnosed around the second decade of life. In the spectrum of heritable ectopic mineralization disorders are also generalized arterial calcification of infancy (GACI), with extremely severe arterial calcification diagnosed by prenatal ultrasound or perinatally, and arterial calcification due to CD73 deficiency (ACDC) manifesting with arterial and juxta-articular mineralization in the elderly; the latter disorders are caused by mutations in ENPP1 and NT5E, respectively. The …