Law Commons^™

Criminal Law In Myanmar, Wing Cheong Chan, Mark Mcbride, Neil Morgan, Stanley Yeo

Research Collection Yong Pung How School Of Law

A commentary on the Myanmar Penal Code that describes and critically evaluates the general principles of criminal responsibility contained in the Code. This book was originally published in English in 2016. It was republished in Burmese in 2023.

"Takings" And "Givings" In Singapore: Land Law And Policy In The Search For Justice, Rachel Phang

Research Collection Yong Pung How School Of Law

In the United States and globally, cities are increasingly plagued by deepening housing crisis and widening economic inequality. In the face of these crises, this Article focuses on the potentially powerful role for land law and policy in the search for justice. Specifically, it does so by reference to two unusual yet illuminating choices of theory and application: the case study of Singapore, and the school of thought of Georgism, both of which accord inordinate and paramount importance to land. Singapore’s land law and policy have been characterized by extensive takings and givings of land. In consequence, the State owns …

Development, Voice, And Vulnerability: A Rhetorical Analysis Of The Policy-Making Discourse Regarding The Paris Agreement As An Organizational Response To Climate Change, David Almanza-Canas

UNLV Theses, Dissertations, Professional Papers, and Capstones

On December 12, 2015, the Paris Agreement was officially ratified by 196 sovereign entities. This treaty represents a global call to action to ameliorate the impact of human activities on our environment, and it creates a means of cooperation through financial support and transparent industrial practices with the goal of promoting accountability across the world. This treaty and the discourse surrounding it present fertile ground for the academic understanding of persuasive practices in policy-making. By examining the rhetorical implications of the Paris Agreement as a global policy, scholars can gain new insight about the communities represented in the conversation as …

Beyond Corporate Greenwashing: Discourse Of A 'Just' Electric Energy Transition Materialized At The Thacker Pass Lithium Mine, Laekyn Kelley

UNLV Theses, Dissertations, Professional Papers, and Capstones

Thacker Pass in Northern Nevada is a rich desert ecosystem with spiritual significance to local Indigenous peoples, and it is also the site for what will be, for now, the United States’ largest open-pit lithium mine. Lithium is one mineral constituent of electric batteries which are essential to current U.S. electric energy transition policy, a transition which policymakers and other public groups have called on to be done in a way which is just. However, what exactly a just electric energy transition looks like in places like Thacker Pass is under continued negotiation in theoretical and practical senses. Existing research …

China’S Changing Perspective On The Wto: From Aspiration, Assimilation To Alienation, Henry S. Gao

Research Collection Yong Pung How School Of Law

Since its accession to the WTO twenty years ago, China’s image has shifted from a good student aspiring to assimilate itself into the multilateral trading system to one that is increasingly alienated from key WTO principles. How has China’s perspective on WTO been evolving? What are the reasons behind China’s changing perspective? This chapter addresses these questions from the Chinese perspective with a comprehensive analysis of the key moments in China’s first two decades in the WTO, followed by practical suggestions on how to engage China more constructively in the WTO and beyond.

A Good Death: End-Of-Life Lawyering Through A Relational Autonomy Lens, Genevieve Mann

Washington Law Review

Death is difficult—even for lawyers who counsel clients on end-of-life planning. The predominant approach to counseling clients about death relies too heavily on traditional notions of personal autonomy and a nearly impenetrable right to be free from interference by others. Rooted in these notions, contracts called “advance directives” emerged as the primary tool for choosing one’s final destiny. Nevertheless, advance directives are underutilized and ineffective because many people are mired in death anxiety, indecision, and the weight of planning for a hypothetical illness. In the end, many do not get the death they choose: to trust in others and share …

Endangered Whales Still Get Tangled In Fishing Gear: Let’S Change The Way We Approach The Problem, Tora Johnson

Maine Policy Review

The Gulf of Maine lobster industry has been roiled by conflict over whale entanglement for decades. With fewer than 350 North Atlantic right whales remaining, federal regulators are again seeking to implement new measures to protect them from tangling in fishing gear, while the lobster industry faces myriad challenges. My 2005 book Entanglements examined the complex and fraught debate between whale advocates and fishermen. Each side believed the other was inherently evil, greedy, and unduly powerful. Of course, the truth lay somewhere between. Between them were the brave souls who went to sea to wrestle fishing gear off of entangled …

Blunt Instruments, Glass Slippers, And Unicorns: Ocean Governance In A Climate-Changed Gulf Of Maine, Susan E. Farady

Maine Policy Review

Management and governance systems should ideally match the nature of the natural environment and the range of human uses. Today’s ocean and coastal governance system is made up of singular laws and government agencies, the product of years of evolution. This system was never intended to reflect the complexities of the marine ecosystem and varied human uses of marine resources. The resulting “silo-ed” management system has never worked particularly well, but as we face a rapidly changing Gulf of Maine, and accompanying changes in uses, this system’s limitations are increasingly obvious. An “ideal” ocean governance system would be comprehensive and …

W&L Law Library Newsletter, Vol. 3, Iss. 1 (Dec. 2023), The Law Library At Washington And Lee University School Of Law

W&L Law Library Newsletter

W&L Law Library Newsletter, Volume 3, Issue 1 (December 2023).

Staff Matters: Holiday Celebrations That Engage And Appreciate Employees, Jodi Schafer Sphr, Shrm-Scp

The Journal of the Michigan Dental Association

This Staff Matters column addresses a dentist's concerns about organizing inclusive end-of-year holiday celebrations for the staff. The response emphasizes the importance of recognizing diverse religious practices and fostering camaraderie. Suggestions include a themed recipe exchange, outdoor activities, community service, or involving staff in event planning. Emphasizing the need for initial guidance to align with goals, the column encourages inclusive celebrations that contribute to staff satisfaction, retention, and a positive workplace atmosphere.

The Role Of Leaders In Implementing Effective Leadership Strategies Towards The Educational Barriers Of Us-Based Refugee Students: A Qualitative Case Study Of Congolese Refugee Students, Faustin Busane

Masters Theses & Specialist Projects

This qualitative research study explored the experiences of three families of refugee school students, two school officials (a Superintendent and a Principal), three teachers, and one humanitarian agent all living in a Southeastern U.S. city. The results of the study revealed that the language barrier is the main academic challenge that refugee students encounter when they enroll in U.S. schools. The study also found that educators conceptualize their responsibilities toward refugee children by emphasizing the importance of high-quality teaching, and establishing through establishing strong relationships between parents, school officials, and exercising patience in the process. This study poses important implications …

Investigating The Relationship Between Foster Care And Sex Trafficking: What Factors Are Maintaining The Cycle Of Abuse, Shannon M. Budgell

Student Theses

Sex trafficking is a global crime and human rights issue that benefits abusers at the detriment of vulnerable groups, including children involved in the United States welfare system. This meta-synthesis explored the risk factors present within the United States foster care system that expose children to potential victimization. Using qualitative research, the purpose of this study was to review sex trafficking exploitation and analyze the current policies creating this vulnerability in the nation’s child welfare services. Upon completing a systematic literature search, nine studies were included by meeting the following criteria: qualitative or quantitative research studies published in English any …

Events To Record: An Examination Of Required Activation For Body-Worn Cameras, Allison Reed

Honors Theses

There has been a lot of research on the effectiveness of body-worn cameras in policing including the impacts that body-worn cameras have on police officers, individual citizens, and the community. Results from prior literature show that police body-worn cameras are only sometimes highly effective. This project investigates why police body-worn cameras may not be effective by examining the required activation policies. Data for this project derive from the 2016 Law Enforcement Management Administrative Statistics – Body-Worn Camera Supplement (LEMAS-BWCS) study conducted by the Bureau of Justice Statistics. The main components of these data are the required events officers are to …

Dividing The Body Politic, James A. Gardner

Journal Articles

It has long been assumed in large, modern, democratic states that the successful practice of democratic politics requires some kind of internal division of the polity into subunits. In the United States, the appropriate methods and justifications for doing so have long been deeply and inconclusively contested. One reason for the intractability of these disputes is that American practices of political self-division are rooted in, and have been largely carried forward from, premodern practices that rested originally on overtly illiberal assumptions and justifications that are difficult or impossible to square with contemporary commitments to philosophical liberalism.

The possibility of sorting …

Who Owns Children’S Dna?, Nila Bala

Michigan Law Review

In recent years, DNA has become increasingly easy to collect, test, and sequence, making it far more accessible to law enforcement. While legal scholars have examined this phenomenon generally, this Article examines the control and use of children’s DNA, asking who ultimately owns children’s DNA. I explore two common ways parents—currently considered “owners” of children’s DNA— might turn over children’s DNA to law enforcement: (1) “consensual” searches and (2) direct-to-consumer testing. My fundamental thesis is that parental consent is an insufficient safeguard to protect a child’s DNA from law enforcement. At present, the law leaves parents in complete control of …

Be A Leader In Your Practice: What’S Your Style?, William Chase Dds, Maom

The Journal of the Michigan Dental Association

In this Leadership Development feature, the author draws from a wealth of leadership experience in Rotary to explore the importance of leadership in dentistry. Emphasizing the need for self-evaluation through emotional intelligence, the article delves into five key aspects: self-awareness, self-regulation, motivation, empathy, and social skills. The author introduces three leadership styles — Transformational Leadership, Situational Leadership, and Servant Leadership — highlighting their characteristics and benefits. Encouraging readers to adopt diverse leadership styles, the piece underlines the significance of effective leadership in dental practice, community engagement, and organized dentistry.

Journal Of Roleplaying Studies And Steam (Jrpssteam) Vol. 2 [2023], (Issue 2)., Ricardo Morales-Carbajal, Cristo Leon, Sarah Lynne Bowman, Ligia-Estefania Estefania Canul-Noh, Vania C. Tovilla, Laura I. Quiroz, Elektra Diakolambrianou

Journal of Roleplaying Studies and STEAM

Editorial

Sangre, sudor, lágrimas y burocracia

Estamos muy contentos con la edición de este tercer número del Journal of Roleplaying Studies and STEAM, en primer lugar porque ¡ya contamos con ISSN!, suena a un logro menor pero debemos considerar los vericuetos burocráticos por los que hemos pasado semana tras semana para lograrlo. En segundo lugar, ¡por fin tenemos un artículo en inglés!, lo cual es motivo de celebración porque además es para nosotros un honor que sea de Elektra Diakolambrianou y Sarah Lynne Bowman, quienes en una gran muestra de confianza enviaron para dictamen su artículo denominado Dual Consciousness: What …

Identity Transformation Through Transformative Learning: Nepali Mathematics Educators' Perspectives, Tara Paudel, Bal Chandra Luitel, Niroj Dahal

Transformations

This paper reflects the perspective of identity transformation of mathematics educators through the lens of transformative learning, foregrounded on Tara’s doctoral research journey. The process of identity transformation seeks to foster reformative skills at various levels by altering individuals and their identities. This is achieved by posing questions about the past that challenge deeply ingrained assumptions, beliefs, values, and perspectives. Therefore, this paper’s focus is on how transformative learning facilitates a shift in identity. This issue signifies a theoretical void that warrants further investigation. Consequently, this paper examines identity transformations through the theories and lens of transformative learning. In doing …

Megaproyectos Y Su Impacto En Derechos Humanos En Una Comunidad De Origen Maya: Yaxhá, Yucatán, México., Gonzalo Manuel Herrera Canché

Journal of Maya Heritage

Abstract: The current development of extractive megaprojects in Latin American countries has had a significant impact on their societies and environments. This research addresses the issue of the impacts of extractive agricultural megaprojects on the environment, society and the economy, specifically the case of a pig farm in the community of Yaxhá, located in the municipality of Muna, Yucatán. The identified impacts are mainly attributed to the lack of strong and committed political institutions, lax environmental legislation, and the absence of an operating system, which facilitates human rights violations related to the environment, society, and access to information. In this …

De Las 7 Bolas De Dragón A Los 7 Reinos De Poniente: Viajando Por La Ficción Para Transformar La Realidad, Vania C. Tovilla

Journal of Roleplaying Studies and STEAM

resumen

El libro es una muestra de la experiencia y dedicación que tiene Issac Pérez López, quien con más de veinte años de práctica en la creación de entornos lúdicos nos sumerge en una suerte de juego donde al leer sus páginas a través de un lenguaje coloquial y cercano. . a la realidad de los docentes del “Cole” nos ejemplifica y ayuda a comprender un poco más los conceptos y pasos que involucran el término “gamificación”.

Podría ser considerado un libro de autoayuda potenciado (en el buen sentido) para los docentes que se están integrando al mundo de los …

Editorial - Sangre, Sudor, Lágrimas Y Burocracia, Mauricio Rangel

Journal of Roleplaying Studies and STEAM

Estamos muy contentos con la edición de este tercer número del Journal of Roleplaying Studies and STEAM, en primer lugar porque ¡ya contamos con ISSN!, suena a un logro menor pero debemos considerar los vericuetos burocráticos por los que hemos pasado semana tras semana para lograrlo.

Aprendizaje Situado En Mundos Virtuales, Una Experiencia De Participación A Través De Juegos De Rol., Vania C. Tovilla Mgtr.

Journal of Roleplaying Studies and STEAM

En tiempos actuales el uso de las tecnologías y la comunicación masiva se hace cada vez más frecuente, ya sea por medio de Internet, los teléfonos inteligentes y otros instrumentos que quizás resignifican el modo en el que los jóvenes en la actualidad conciben términos como virtualidad, aprendiendo y sobre toda la realidad, relacionándose con otros alrededor de todo el mundo. Es quizás por este auge de tecnologías que surgió en el año 2003, la herramienta virtual Second Life ; concebida como un mundo complejo y completamente virtual que permite a los usuarios aprender y vivir en otra realidad como …

State Consent And The Legitimacy Of International Law, David Lefkowitz

Philosophy Faculty Publications

Like all law, international law is a practice of reason-giving, one in which agents invoke legal norms to justify their conduct. Practitioners of inter- national law generally proceed on the assumption that those norms do, in fact, justify the conduct they sanction. Theorists, in contrast, tend to take a more critical stance towards the practice of international law, including the assumption that the law succeeds in providing a justification for its subjects’ conduct. Why treat the claim that international law prohibits Φ-ing as in itself a reason not to Φ? Or using the terminology I will employ in this chapter, …

From The Editor In Chief, Antulio J. Echevarria Ii

The US Army War College Quarterly: Parameters

Welcome to the Winter 2023–24 issue of Parameters. This issue opens with two In Focus commentaries offering observations from the Russia-Ukraine War, two forums addressing deterrence and strategic influence, and the inaugural Director’s Corner for the China Landpower Studies Center (CLSC).

Parameters Winter 2023-24 Full Issue, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

Introduction To The China Landpower Studies Center, Richard D. Butler

The US Army War College Quarterly: Parameters

Welcome to the Director’s Corner for the China Landpower Studies Center (CLSC). This will be a regular feature in Parameters that will discuss critical military and security issues related to China, the Chinese Communist Party (CCP), and the People’s Liberation Army (PLA). It will also highlight the Center’s research agenda and key activities. My objective in this first installment is to outline the purpose, organization, capabilities, research agenda, and expected products of the Center.

The Unreasonable Effectiveness Of Large Language Models In Zero-Shot Semantic Annotation Of Legal Texts, Jaromir Savelka, Kevin D. Ashley

Articles

The emergence of ChatGPT has sensitized the general public, including the legal profession, to large language models' (LLMs) potential uses (e.g., document drafting, question answering, and summarization). Although recent studies have shown how well the technology performs in diverse semantic annotation tasks focused on legal texts, an influx of newer, more capable (GPT-4) or cost-effective (GPT-3.5-turbo) models requires another analysis. This paper addresses recent developments in the ability of LLMs to semantically annotate legal texts in zero-shot learning settings. Given the transition to mature generative AI systems, we examine the performance of GPT-4 and GPT-3.5-turbo(-16k), comparing it to the previous …

It Is A Constitution We Are Expounding: John Marshall, Spencer Roane, And The Fundamental Conflicts Surrounding Mcculloch V. Maryland (1819), Catherine T. Meisenheimer

Compass: An Undergraduate Journal of American Political Ideas

Using a blend of primary and secondary sources, this research paper examines the lesser-known newspaper debate between Chief Justice John Marshall and Judge Spencer Roane of the Virginia Court of Appeals. The purpose of this research is to answer one question: What were the fundamental issues that divided early Americans as demonstrated by the landmark case of McCulloch v. Maryland (1819)? To contribute to the ongoing discussion of McCulloch and its significance, my paper attempts to understand the issues surrounding McCulloch within its broader, historical context. Instead of confining its importance to the Second Bank of the United States, I …

Copyright For Graduate Works: Do I Need Permission To Use This?, Stephanie Wiegand

Bear GRADS

When writing a graduate work, you may come across other excellent works that elevate your own work – a diagram explaining a process, a survey instrument for collecting data, an artwork that illustrates a concept, a piece of sheet music for analysis, and more. How can you ethically and legally incorporate these works into your research and writing? This session will discuss the basics of using portions of copyrighted works in your graduate work and provide real-life examples.

Book Review: Kings, Conquerors, Psychopaths: From Alexander To Hitler To The Corporation, Tim Bakken

Genocide Studies and Prevention: An International Journal

The book Kings, Conquerors, Psychopaths is a survey of a vast amount of human wrongdoing. It lays bare the motivations of aggressors who wish to subjugate nations or groups of people and corporate executives and government bureaucrats who make discretionary decisions that harm people. Along with cataloging mass killings by despots and soldiers, the book includes stories about Ponzi-schemers and the deaths of automobile drivers and passengers who were killed by vehicle defects known to the manufacturer. The book posits that “[p]owerful, elite forces are trying to force us backward toward a non-democratic state, one where power, wealth, and prerogative …