Digital Commons Network^™

Dampak Ketiadaan Perda Penetapan Ukl/Upl Pada Kepastian Hukum Dalam Pelaksanaan Desentralisasi Di Bidang Lingkungan Hidup, Puteri Amirillis

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The case of mangrove damage on the South Coast of West Sumatra in 2016-2017 where the defendant was a Deputy Regent who owned land in the Nagari Mandeh area, Pesisir Selatan, West Sumatra. The land was built without an environmental permit. The absence of an environmental permit has emerged because of the mangrove damage. This paper focuses on the absence of environmental permits because there is no stipulation on the types of businesses that are required to have UKL / UPL which should be stipulated by a regional regulation (Perda) by the Regional Government of the Pesisir Selatan Regency. This …

Penegakan Hukum Lingkungan Hidup Oleh Pemerintah Daerah Dalam Kerangka Otonomi Daerah, Prahesti Sekar Kumandhani

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Environmental law enforcement by regional governments in the context of regional autonomy is an important part of realizing quality environmental protection and management through the formation of regional legal policies. Regional legal policies regarding the protection and management of life-based on statutory regulations at the central level also influence the functioning of environmental law enforcement in the regions. This article aims to review the pattern of environmental law enforcement based on the Law on Environmental Protection and Management, the Regional Government Law, and the Job Creation Act, and discusses the relationship between the functioning of environmental law enforcement in the …

Disharmonis Penyelenggaraaan Sistem Jaminan Sosial Nasional Bagi Aparatur Sipil Negara Di Indonesia, Prima Anindya Kartika

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Social security system is made to actualize prosperity, welfare, and justice to Indonesian society. When Law No. 24 Year 2011 published, the existence of social security system cause discrimination, especially for government employee, because the healthcare security is merged. Moreover, the other insurance is also going to be merged with other sector such as private sector, businessman or investor, even an unemployment. It is stated in Article 65 Law No. 24 Year 2011, that PT ASABRI and PT TASPEN (PERSERO) which is now manage the pensions and retirement benefits of military and civil servants the transfer the program of Insurance …

Kausalitas Penegakan Hukum Tindak Pidana Korupsi Terhadap Stabilitas Keuangan Negara, Nur Ghenasyarifa Albany Tanjung

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Corruption is an extraordinary crime because it touches various lines of life. One of the fundamental elements in corruption is the loss of the country's economy and finance. So far, various efforts have been made for criminal law enforcement, through various criminal sanctions, as well as the existence of an independent institution specifically tasked with conducting criminal law enforcement. However, corruption continues to be massive in Indonesia, which will also affect state losses. This article will discuss the causality of law enforcement on corruption against state financial stability. There is a causality between law enforcement of criminal acts which has …

Innovate Ag Tech, Not Ag Tort: Why Legislative And Judicial Policies Favoring Tech Innovation And Big Ag's Ip Rights In Gmos Will Benefit Agricultural Production And Food Security, Gage Patton

Georgia Journal of Law & Technology

Genetically modified organisms ("GMOs") play a critical role in technological advances in agriculture. GMOs contribute to generating higher crop yields, reduce the need for pesticide application, and even reduce food waste. Virtually all GMO technologies are developed by a small number of very large agricultural corporations. These corporations are responsible for the vast majority of research and development efforts for agricultural technologies. Agricultural research and development yields technological innovation, which produces better methods of food production. Therefore, the research and development efforts that big ag corporations engage in benefit everyone by providing better methods of food production. However, some critics …

Trademark Modernization Act And The Codification Of The Presumption Of Irreparable Harm, Ethan Lebleu

Georgia Journal of Law & Technology

This Note analyzes injunctive relief for trademark cases. Specifically, this Note conducts an overview of the presumption of irreparable harm, as commonly applied throughout many of the Circuit Courts. This Note then transitions into the changes to the presumption of irreparable harm and how courts decided to grant injunctive relief after the Supreme Court’s decision in eBay v. MercExchange. The Note then dives into the Trademark Modernization Act of 2020, which codified the presumption of irreparable harm, and early court decisions interpreting the codified presumption. Following this background, this Note argues that Congress correctly decided to pass the Trademark Modernization …

Inventing The Right Drug: Artificial Intelligence May Just Be The Cure For An Antiquated Patent System, Matthew Hashemi

Georgia Journal of Law & Technology

The transformation of the inventive process through the application of Artificial Intelligence, or “AI”, technology has radically enhanced the way pharmaceutical companies research and develop new drugs. While AI technology has led to improved accessibility to essential drugs and significant reductions in the time and cost required for drug research and development, it has also left the pharmaceutical industry with the puzzling question regarding how to encourage innovation with AI technology if AI machines cannot obtain patent protection under the current United States patent system. Granting patent protection ensures inventors can profit off their inventions, since patented inventions cannot be …

Consistent Inconsistency: Basf V. Snf & The Licensing Exception To 35 U.S.C. § 102 (B)'S On-Sale Bar, James C. Durham

Georgia Journal of Law & Technology

In BASF Corp. v. SNF Holding Co., the Federal Circuit applied what is commonly referred to as a “licensing exception” to statutory prior art status. While the court describes the exception as a “well-established principle,” the licensing exception is less than twenty years old, formulated over the opposition of the USPTO, and has been disputed on several instances by Federal Circuit judges. Moreover, the existence of a licensing exception is a clear contradiction of the Supreme Court’s ruling in Pfaff v. Wells Electronics that a sale of an invention occurs when an intangible conception of that invention is first marketed …

Innocent Until Proven Posted: Regulating Online Mugshot Publication With Intellectual Property Law, Amanda Cheek

Georgia Journal of Law & Technology

Whether convicted of a crime or booked into jail for a misunderstanding, many individuals rightfully seek to shed the criminal label from their reputations and start anew. However, photo evidence of the individual’s association with the criminal justice system by way of a published mugshot photograph is often only a click away for someone, such as a potential employer or new neighbor. Mugshots, originally created to aid in the detection of criminals, now serve primarily as a device of public shaming by law enforcement agencies who publish mugshots on their website and groups of private citizens who run social media …

An Intentionalist Proposal To Reform The Transformative Use Doctrine, Madelyn Chen

Georgia Journal of Law & Technology

Courts have not reached consensus on how to apply the transformative use standard, which is a major factor in copyright law’s fair use analysis. Many courts implicitly rely on aesthetic theories for interpreting art when judging transformative use, but inconsistent application of these theories creates confusion about what constitutes transformative use. This Article analyzes the aesthetic theories, such as intentionalism and reader response theory, used by courts in landmark transformative use cases. The Article explores issues of unpredictability and subjectivity caused by the use of contradictory aesthetic theories. Ultimately, the Article proposes that courts adopt a moderate intentionalist framework for …

Universalizing Copyright Fair Use: To Copy, Or Not To Copy?, Taysir Awad

Georgia Journal of Law & Technology

This Article thoroughly examines the universal shift toward the U.S. fair use doctrine. It begins with an elucidation of the fair use doctrine and its foreign counterparts, briefly explaining the history and function of each doctrine and differentiating them from one another. The Article then delves into the aspirations of foreign countries that have opted into the transplant of the U.S. doctrine or merely contemplated a transplant. These aspirations are narrowed down to three dimensions of development: access to knowledge, responsiveness to innovative technologies, and enhancing creative production. Using the capabilities approach of development – developed by Amartya Sen and …

Adapting A Narrative Curriculum To A Remote Format In The Context Of Socially Distanced Middle School Education Resulting From Covid-19, Jeremiah Pina, Rebecca Mazur, Glenn Ellis, Al Rudnitsky, Beth Mcginnis-Cavanaugh, Sonia Ellis, Isabel Huff, Crystal Ford

Journal of Pre-College Engineering Education Research (J-PEER)

This paper describes the development of two versions of an NGSS-aligned principles of engineering design unit for use in middle schools. By employing a narrative framework that can help students to connect more deeply with the human contexts and consequences of the engineering design process, our goal was to enhance students’ cognitive and emotional engagement in the learning of engineering design concepts. We first detail the design of an initial version of the unit, titled The Survivorama, which used narrative to enrich a primarily traditional, in-person teaching approach. We then describe the adapted version of the unit, titled the Molasses …

Mealtime Experiences Of Children With Autism Spectrum Disorder From The Perspectives Of Filipino Occupational Therapists In Cebu: Implications For Practice, Blaise Audre V. Barrientos, Alyanna Freyse T. Badajos, Erika Faye M. Bucog, Rosse Velle C. Mauro, Paolo Miguel P. Bulan

Internet Journal of Allied Health Sciences and Practice

Purpose: Occupational therapists (OTs) handle children diagnosed with autism spectrum disorder (ASD), and a common concern is how their sensory processing issues affect their feeding habits. There is limited information regarding interventions about this issue both locally and internationally. This study aims to know the experiences of OTs providing feeding interventions associated with sensory issues for children with ASD. It will also describe what approaches they used for these interventions. Method: Qualitative phenomenology using in-depth interviews with nine OTs in Cebu, Philippines was conducted, and data underwent thematic analysis. Results: Five themes emerged: 1) a family that feeds together, stays …

Subsidiary Payment In Accordance With The Amended Palestinian Supreme Constitutional Court Law No. 3 Of 2006: A Comparative Study, Mohammed Jaradat

An-Najah University Journal for Research - B (Humanities)

The Palestinian Supreme Constitutional Court is considered an independent judicial body as Palestine adopts the centralization of judicial form over the constitutionality of laws and resolving conflicts between the three main authorities arising from practicing their competences according to the law of Palestinian Supreme Constitutional Court No. 3 of 2006, and based on it the Supreme Constitutional Court was formed on April 3, 2016. The importance of this study is that it talks about one of the most important ways that ensures the respect of public rights and freedoms, and preserving constitutional legitimacy through judicial questioning for the legislative authority …

Perlindungan Bagi Umkm Terhadap Persaingan Usaha Tidak Sehat, Nadia Feby Artharini

"Dharmasisya” Jurnal Program Magister Hukum FHUI

This journal discusses the protection of Micro, Small and Medium Enterprises (MSMEs) against unfair business competition. This research uses literature study on secondary data. The result of the research is the identification of regulations regarding unfair business competition, especially for MSMEs. Regarding the protection for Micro, Small and Medium Enterprises or MSMEs against unfair business competition, there are several aspects, namely the reasons why protection for Micro, Small and Medium Enterprises or MSMEs should be held against unfair business competition and the form of protection provided by the KPPU to MSMEs in unfair business competition.

Keywords: UMKM, protection, unfair business …

Analysis Of The Expressions Of Acceptance Of Sickness In Jordanian Arabic In Light Of Islamic And Arabic Culture: A Socio-Psychological Approach, Maram Al-Abdullah, Raidah Al-Ramadan

Association of Arab Universities Journal for Arts مجلة اتحاد الجامعات العربية للآداب

The study is a socio-psychological analysis of recurrent well-wishing utterances or expressions Jordanians usually use when they visit patients or react to the Facebook posts of patients. Studying a collection of 33 recurrent utterances and expressions gathered from four active accounts on Facebook shows that these expressions are loaded with the cultural dimensions of reception and acceptance of pain and how the Islamic culture provides a positive attitude that furnishes a reassuring factor that helps in recovery. The study means to demonstrate that expressions are normally based on and derived directly from the Holy Qur’an, Hadith of the Prophet, and …

Religiosity And Democratization: Toward Finding A Causal Linkage In Muslim Countries, Mohammad Al-Momani, Khalid Aladwan٭

Association of Arab Universities Journal for Arts مجلة اتحاد الجامعات العربية للآداب

This is an empirical statistical study of the effect of the degree of religiosity on the degree of democratization among selected Muslim countries. The major objective of this research is to explore the causation or correlation between religion and democracy across Muslim societies. This study is important given the vast scientific disagreement among researches regarding variables under study. Religiosity seems not to have significant impact and correlation on democracy as our research found. We also found that on average and for some indicators of religiosity, countries with various degrees of religiosity tend to have approximately same degrees of democratization. We …

A Stylistic Analysis Of Adrienne Rich's "Planetarium" And "Power", Malek Zuraikat, Ekab Al-Shawashreh, Shrooq Awamleh

Association of Arab Universities Journal for Arts مجلة اتحاد الجامعات العربية للآداب

Adrienne Rich utilizes free verse to surprise her readers by covering the intertwined relationship between politics and society, which results in encapsulating everyday practices in most of her poems. She tries to articulate the depressed voice of women, thus making this group noticeable by people. The study discusses Rich's poems "Planetarium" and "Power", focusing on pronouns, spacing, enjambment, and diction. It explains how the change in pronouns, for instnace, serves the theme of uniting women's experience of oppression and resistance and how the enjambment and the choice of diction are used to add emphasis on women's suffering and their consequent …

Theorising From The Land: House Or Tipi Of Ir?, Justin De Leon

Ethnic Studies Faculty Articles and Research

In 2004, Anna Agathangelou and L.H.M. Ling wrote their important intervention, entitled ‘The House of IR: From Family Power Politics to the Poises of Worldism,’ that ordered various theories of International Relations within an analogy of a colonial household, calling instead for a Worldism that builds communities based on interests and support. One glaring omission from this analysis, however, is mention of indigeneity. Increasingly, in North America, the experiences of Indigenous peoples are shaping national imaginations and popular political discourses – take for instance Idle No More, the Truth and Reconciliation Commission of Canada, Standing Rock, and Mauna Kea, to …

Imperfect Digital Certificates Of Provenance: A Categorical Risk Based Approach To Non-Fungible Tokens (Nfts), Christopher Hugh Mao

Colorado Technology Law Journal

No abstract provided.

Usa V. Michael Heinrich

2023 Decisions

USDC for the Western District of Pennsylvania

In Re: Keith Knight

2023 Decisions

USDC for the Middle District of Pennsylvania

Fernando Real V. Thomas Grenevich

2023 Decisions

USDC for the Eastern District of Pennsylvania

Eastlyn Igwemadu V. Usa

2023 Decisions

USDC for the District Court of the Virgin Islands

The Stuyvesant Town - Peter Cooper Village Tenants' Association V. Bpp St Owner Llc

All Decisions

No abstract provided.

The Intertwining Of Zn-Finger Motifs And Abiotic Stress Tolerance In Plants: Current Status And Future Prospects, Debojyoti Moulick, Karma Landup Bhutia, Sukamal Sarkar, Anirban Roy, Udit Nandan Mishra, Biswajit Pramanick, Sagar Maitra, Tanmoy Shankar, Swati Hazra, Milan Skalicky, Marian Brestic, Viliam Barek, Akbar Hossain

Department of Agronomy and Horticulture: Faculty Publications

Environmental stresses such as drought, high salinity, and low temperature can adversely modulate the field crop’s ability by altering the morphological, physiological, and biochemical processes of the plants. It is estimated that about 50% + of the productivity of several crops is limited due to various types of abiotic stresses either presence alone or in combination (s). However, there are two ways plants can survive against these abiotic stresses; a) through management practices and b) through adaptive mechanisms to tolerate plants. These adaptive mechanisms of tolerant plants are mostly linked to their signalling transduction pathway, triggering the action of plant …

A Proposal: The Role Of Federation Of Asian Bishops' Conferences For An Asian Peace Community, Hyunju Shim

Asia Pacific Mission Studies

FABC emphasizes triple dialogue with the poor, Asian cultures and religions, as a way to evangelize Asia. These dialogues can greatly contribute to the creation of a peaceful community in Asia. The Asian Peace Community is a project to create a new Asia, that hasn't been done yet. First, in order to develop effective pastoral activities within the church, the vast region operates in several small centers. Second, when Asian countries speak of a political, security and economic community, the church should refer to the human rights community. Human rights are the ultimate goal of peace. Therefore, we need to …

Indigenous Communities In Distress: Religious Deluge And Church Deflection In Solomon Islands, David Welchman Gegeo

Asia Pacific Mission Studies

The five pillars of Christianity in Solomon Islands since the 1800s are: the Anglican Church of Melanesian, Catholic Church, South-seas Evangelical Church, Methodist Church and the Seventh Day Adventist Church (hereafter “the Church”). Despite differences in institutional structure and dogma, the five pillars coexisted well which started to unhinge following Solomon Islands independence in 1978 when rural and urban squatters' communities were deluged by new opportunistic churches and religious sects from overseas. The deluge triggered church deflection in which large communities abandoned the Church and joined the new brands of Christianity and religious sects causing interdenominational animosity and cultural and …

The Obligation Of The Bishop To Implement The Requirements Of Justice Regarding The Abuse Of Minors And Vulnerable By Clerics In His Diocese, Nchumbonga George Lekelefac

Asia Pacific Mission Studies

The diocesan bishop has the irrevocable canonical responsibility, obligation and commitment in implementing the requirements of justice regarding the abuse of minors and the vulnerable by clerics in his diocese. Two years after the first edition, the Dicastery for the Doctrine of the Faith published a second version of the “Vademecum on Certain Points of Procedure in Treating Cases of Sexual Abuse of Minors Committed by Clerics” on 27 June 2022. The aforementioned Dicastery announced in a statement that the new version will build upon the 2020 Vademecum developed by the Dicastery to assist bishops, or any person in authority, …

Beyond All Drought: Improving Urban Water Conservation In The West Through Integrative Water And Land Use Policy, Benjamin Longbottom, Alexandria Gordon

Natural Resources Journal

Although droughts have long plagued the western United States, rapid population growth and climate change are making the American West increasingly water insecure. In some western states, including Arizona, Colorado, and California, decisionmakers are responding to these changes with innovative water conservation-focused land use policies. In other states, however, water and land use policies are lagging decades behind. Improving water security in western cities is an enormous task, requiring extensive social, legal, and policy reform. Additional federal funding for western water security initiatives could do much to drive that reform, but state and local governments should also play a leading …