Law Commons^™

Rights, Respect, Responsibility: Advancing The Sexual And Reproductive Health And Rights Of Young People Through International Human Rights Law, Janine Kossen

University of Pennsylvania Journal of Law and Social Change

No abstract provided.

Against All Odds: Community And Policy Solutions To Address The American Youth Crisis, Kisha Bird

University of Pennsylvania Journal of Law and Social Change

No abstract provided.

One Roof Judicial System In Indonesia, Sufiarina Sufiarina, Efa Laela Fakhriah

Indonesia Law Review

Judicial power as an independent and autonomous power must be free from any intervention and power, thus ensuring that judges possess independence and impartiality in handling cases. One of the measures for enhancing the independence and autonomy of the judiciary is by placing it under the one roof judicial arrangement developed by the Supreme Court, both from the judicial as well as the non-judicial technical aspects. Up to the present time, endeavors for bringing the four court jurisdictions under the one roof judicial arrangement developed by the Supreme Court have not been completely materialized, due to the existing dualism in …

Keselamatan Penerbangan: Teori Dan Problematika (Aviation Safety: Theory And Problematic), Adhy Riadhy

Indonesia Law Review

“Keselamatan Penerbangan: Teori dan Problematika (Aviation Safety: Theory and Problematic)” is written by aviation practioner in Indonesia. The writer explores the aviation problematic based on his experience in more than three decades. Many issues out of box in aviation arise in this book, such as “Kebenaran Dalam Penerbangan (The Truth in Aviation)” which is focus on international aviation policy and regulations made by ICAO through research and development (scientific truth) and written on 18 Annexes and relevant documents, as living guidances of standards and recommended practices that must be implemented by states.

The Manpower Aspect In The Field Of Sports, Melania Kiswandari

Indonesia Law Review

As a result of enhanced professionalism and commercialization in the field of sports, it has become an industry of its own. Professionalism and industrialization are correlated; therefore sports actors’ performance achieved as a result of their professionalism lead to the commercialization, and even to the industrialization of certain (branches of) sports. On the other hand, it is considered that industrialization which involves the commercial aspect is able to maintain, and even enhance sports actors’ professionalism/performance. In practice, such correlation is not always directly proportional, but inversely proportional. There have been cases of issues related to sports actors’ welfare not being …

Determining Quorum Of Attendance And Decision Making In The General Meeting Of Shareholders Based On Court Stipulation Due To The Neglectful Absence Of The Majority Foreign Shareholder In A Joint Venture Company (A Foreign Capital Investment Analysis, Ari Wahyudi Hertanto

Indonesia Law Review

The General Meeting of Shareholders (GMS) is one of the company’s organs with the significant role of determining the business course and other issues related to corporate actions; as it is granted by law to the shareholders of the company. Any decision can be made in the GMS; such as determining the shareholders’ unanimous concurrence on the proposed meeting agenda or even if the results of the meeting are actually contrary to such agenda caused by dissenting among themselves. However, the GMS can also pose certain obstacles in situations where one or more shareholders (that appear to be a majority …

The Conceptual Framework Of Crimes Againts Humanity In Historical Context And Indonesian Law, Maskun Maskun

Indonesia Law Review

The rapid ratification of the Rome Statute of the International Criminal Court (ICC) and the orderly election of its judges and prosecutor believe the radical nature of the new institution. Indonesia is one of countries that rejected the International Criminal Court (ICC) Statute. Indonesia’s reason at that time was that Indonesian sovereignty would be threatened or its national security would be compromise. Interestingly, some of the crimes within the Rome Statute jurisdiction (Article 5 of the Rome Statute) had been adopted by Indonesia in its domestic law such as the Law No. 26 year 2000 concerning Human Rights Court. Jurisdiction …

Equity And The Global Policy On Climate Change: A Law And Economic Perspective, Andri G. Wibisana

Indonesia Law Review

The opponents of the global commitment to reduce greenhouse gases (GHGs) emissions seem to have shifted their arguments from the one emphasing on the issue of uncertainty to the one focusing on the economic burdens disproportionately placed on the current generation in general, and some developed countries in particular. Inevitably, the issue of equity becomes of highly importance in the recent climate policy debates. This paper attempts to analyze the implementation of equity principles, i.e. intergenerational and intragenerational equity, in the global climate policy. In doing so, it will first briefly outline some prominent economic appraisals on the impacts of …

Render Less Unto Caesar?: Denying Communion To Catholic Judges, Dermot Lynch

Dermot Lynch

A conservative group of Catholic bishops who seek to deny communion to those who support abortion rights has thus far only targeted pro-choice Catholic public officials and the Catholic voters who have supported them electorally. Yet the movement could as easily act against Catholic judges, including at least three prominent Catholics on the Supreme Court. Yet judges should not be denied communion for the same reason that the sacrament should not be denied to voters or legislators, namely because the standard that the communion denial movement uses in applying this grave sanction is deeply problematic as it invites arbitrary enforcement …

23andme Inc.: Patent Law And Lifestyle Genetics, Matthew Rimmer

Matthew Rimmer

The venture, 23andMe Inc., raises a host of issues in respect of patent law, policy, and practice in respect of lifestyle genetics and personalised medicine. The company observes: ‘We recognize that the availability of personal genetic information raises important issues at the nexus of ethics, law, and public policy’. 23andMe Inc. has tested the boundaries of patent law, with its patent applications, which cut across information technology, medicine, and biotechnology. The company’s research raises fundamental issues about patentability, especially in light of the litigation in Bilski v. Kappos, Mayo Collaborative Services v. Prometheus Laboratories Inc. and Association for Molecular Pathology …

The Kids Before Khadr: Haitian Refugee Children On Guantanamo [A Comment On Richard J. Wilson's Omar Khadr: Domestic And International Litigation Strategies For A Child In Armed Conflict Held At Guantanamo], Kate Jastram

Santa Clara Journal of International Law

No abstract provided.

Victimization, Mainstreaming, And The Complexity Of Gender In Armed Conflict, Johanna Bond

Santa Clara Journal of International Law

No abstract provided.

Στοίχημα Η Διαφύλαξη Των Εργασιακών Σχέσεων, Nicos Trimikliniotis

Nicos Trimikliniotis

Η σημερινή κατάσταση στην εργασία και απασχόληση με τα πρωτοφανή για τα Κυπριακά δεδομένα ποσοστά ανεργίας είναι εξαιρετικά δύσκολη. Παρά τις σημαντικές μεταρρυθμίσεις, π.χ. ο νόμος για τη διασφάλιση του δικαιώματος συνδικαλιστικής οργάνωσης και για εκσυγχρονισμό των εργασιακών σχέσεων κ.ά. το σύστημα εργασιακών σχέσεων σήμερα αντιμετωπίζει τις μεγαλύτερες προκλήσεις μετά το 1974. Το σύστημα συλλογικών διαπραγματεύσεων και συλλογικών συμβάσεων, η συνδικαλιστική προστασία και διεκδίκηση έχουν δημιουργήσει ένα επιτυχημένο πλαίσιο. Τα βασικά χαρακτηριστικά του είναι το υψηλό επίπεδο συνδικαλιστικής πυκνότητας, οι συλλογικές διαπραγματεύσεις και συμβάσεις και η Αυτόματη τιμαριθμική αναπροσαρμογή (ΑΤΑ) που αποτελούν αποτελεσματικά μέσα αποφυγής ανούσιων εργασιακών συγκρούσεων διασφαλίζοντας τουλάχιστον …

Robert Bork's Controversial Legacy, Robert H. Lande

All Faculty Scholarship

Judge Robert Bork was undeniably one of the towering figures in antitrust history. He advanced the field positively in many respects, articulating a serious critique of excesses of an earlier social-political approach to antitrust. But as one of the conservative movement’s intellectual godfathers he also shares responsibility for many of their own excesses that have transformed our nation in harmful ways. This short essay explores some of the effects of his overall approach to antitrust: his preoccupation with economic efficiency.

December 29, 2012: What Is Nihilism?, Bruce Ledewitz

Hallowed Secularism

Blog post, “What is Nihilism?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Deep Sea Mining. A New Frontier For International Environmental Law, Antonino Troianiello

antonino troianiello

Abstract — This paper intends to explore the main issues of the recent Deep Sea mining rush, which indeed raises huge strategic, geopolitical and environmental concerns. It notes that most of these concerns are significantly linked to the obvious insufficiency of international regulation regarding seabed exploitation. It concludes by stressing the need to implement as soon as possible a global regulation dimension under the Economic Exclusive Zone’s regime.

Confiscación Sobre El Producto Indirecto Del Delito En El Sistema De Prevención Del Lavado De Activos / Confiscation Of Indirect Proceeds Of Crime In The Anti-Money Laundering Legal Framework, Tadeo Leandro Fernandez

Tadeo Leandro Fernandez

The aim of this paper is to describe the international recommendations on prevention of money laundering about confiscation of the proceeds of crime, in particular the indirect proceeds. In that sense, for this purpose we propose to use the term confiscation as a generic of forfeiture, restitution, damage repair, and reset to the previous state, i.e. we include forfeiture rules (Section 23 and 305) and damage repair (Title IV of Book I) of the Criminal Code and we also note national case law that share this idea. Last, we conclude that current Argentine system allows confiscating the direct and indirect …

Summary Of Butwinick V. Hepner, 128 Nev. Adv. Op. 65, Robert Stewart

Nevada Supreme Court Summaries

The Court considered Respondents’ motion to substitute themselves as the real parties in interest after acquiring Appellants’ rights and interests in the underlying district court action at a judgment execution sale, and to dismiss Appellants’ appeal from a district court order.

Summary Of Beazer Homes Holding Corp. V. Dist. Ct., 128 Nev. Adv. Op. 66, Jamie Stilz-Outlaw

Nevada Supreme Court Summaries

The Court considered the ability of a homeowners’ association (HOA) to litigate construction-defect claims on behalf of its members’ homes under NRS 116.3102(1)(d) without fulfilling NRCP 23 class action requirements.

Summary Of Howard V. State, 128 Nev. Adv. Op. 67, Priscilla Baker

Nevada Supreme Court Summaries

The Court considered the State’s motion to reconsider and other various motions regarding the sealing of the ex parte motion to substitute counsel. It further deliberated whether documents and records could be filed under seal in a pending criminal case before the Court. In addition, the Court also addressed the requirements and procedures for sealing such documents and records.

Localizing Climate Change Action, Marianne Dellinger

Myanna Dellinger

Localizing Climate Change Action - abstract

Myanna Dellinger

Waiting for national- or supranational-level actors to take substantively effective action against climate change is like waiting for Godot: unlikely to happen, at least at a substantively early enough point in time. The December 2012 negotiations under the UNFCCC umbrella yet again demonstrated the failure of action at the international level. This article adds new value to existing scholarship by conducting original research into select climate initiatives at the subnational, substate level in order to find out whether it is worth pursuing climate change action at this level instead. The article posits …

Sex Ratio In Mumbai, Professor Vibhuti Patel

Professor Vibhuti Patel

Gender equity has been a prominent aspect of equity concerns in public policy. The gender dimension has led to widespread advocacy and focused attention on equity in other than economic areas, such as education, health, decision-making, violence against women and political participation. The human development approach offers a capability-based approach to gender equity in development that is a departure from traditions focused on income and growth. Gender concerns have given the approach the power and flexibility to encompass aspects of inequality that would otherwise go unremarked. Its sensitivity to gender in turn has made it sensitive to a range of …

Where To Begin Researching International Sports Law, Rebecca Mattson

Law Library Faculty Works

In this article, the author discusses selected sources for researching international sports law.

December 26, 2012: One Man Promoting Gay Marriage And Religious Liberty, Bruce Ledewitz

Hallowed Secularism

Blog post, “One Man Promoting Gay Marriage And Religious Liberty“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

La Industria Del Libro 3.0 Y J.K. Rowling, Rodolfo C. Rivas Rea Esq., Maria Alejandra Lopez Garcia Esq.

Rodolfo C. Rivas

The authors provide a brief overview of what could be called the 3.0 version of the book industry. Under the 3.0 book industry, the author’s role in exploiting their creations has to embrace new and creative business models, which may often come into conflict with publisher’s old business models. In the article, the authors take a look at the innovative business models implemented by J.K. Rowling, Stephen King, Radiohead and Frank Ocean amongst others. ///////////////////////////////////////////////////////////////////////////////////////////////////// Los autores proporcionan una breve descripción de lo que podría llamarse la versión 3.0 de la industria del libro. En la industria del libro 3.0, …

State Succession To Territorial Obligations: The Case Of South Sudan And The 1959 Nile Waters Agreement, Mohamed S. Helal

Mohamed S. Helal

South Sudan’s independence has increased the number of Nile riparian States to eleven. Unfortunately, the Nile remains without an all-inclusive legal regime to regulate its use and to ensure that this indispensible natural resource is conserved for future generations. What, therefore, are the legal obligations of the newborn Republic of South Sudan regarding the Nile River? Specifically, this paper asks whether the Egyptian-Sudanese Nile Waters Agreement of 1959 has devolved onto South Sudan. This paper looks to the law of State succession to treaties to answer to this question. This is a field of international law that is beset with …

December 23, 2012: The Egyptian Constitution, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Egyptian Constitution“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

An Assessment Of The Effects Of Desertification In Yobe State, Nigeria, Jibril Musa Phd

Confluence Journal Environmental Studies (CJES), Kogi State University, Nigeria

Desertification is one of the most serious environmental and socio-economic problems of our time. Desertification describes circumstances of land degradation in arid, semi-arid and dry sub-humid regions resulting from the climatic variation and human activities. The fundamental goal of this thesis was to assess the effects of desertification in Yobe State, Nigeria. The present threat of desertification in the sahel has reached an alarming stage where crops cultivation and animal rearing/grazing are no more productive, soil has lost its nutrient/fertility, various infrastructure had given way because of windstorm from the neighbouring Niger Republic and sand dunes had taken over. The …

Extract From Zachary Seth Brugman, The Bipartisan Promise Of 1776: The Republican Form And Its Manner Of Election (2012) (Unpublished Manuscript), Citing Teachout-Tillman Exchange, And Acknowledging Tillman, Seth Barrett Tillman

Seth Barrett Tillman

Extract from Zachary Seth Brugman, The Bipartisan Promise of 1776: The Republican Form and Its Manner of Election 62 n.322 (Dec. 22, 2012) (unpublished manuscript) (on file with author), citing Teachout-Tillman exchange, and acknowledging Tillman.

[October 23, 2013]

Contracting In The Contemporary World, Enrico Baffi

enrico baffi

This paper gives an interpretation of many aspects of modern way o stipulate contracts. The leit motive is that many change in the last century has happened because the cost of labor id increased The cost of concert with 50 musician is much more expensive now tan fifty years ago The fact that we use standard form contract, we do not make negotiation , we do not read contracts, all these things seems to depend by the fat the our time has more value now than on hundred years ago. Negotiation of an hour to obtain a reduction of price …