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2011

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Articles 31 - 60 of 11717

Full-Text Articles in Law

Article 27 Of Competition Law And What Lies Beneath, Perdana A. Saputro Dec 2011

Article 27 Of Competition Law And What Lies Beneath, Perdana A. Saputro

Indonesia Law Review

This article discuss about Article 27 of Law No. 5 Year 1999 on the Restriction of Monopoly Practices and Unfair Business Practices (“Competition Law”). One may wonder the rigorousness to the application of Article 27 which arguably could ban any merger which meets market test without conducting any competitive assessment. For this, the law has been presumed that the acquisition or controlling of large market share from merger is per se illegality. Further, the effects of Article 27 would be discussed in this paper. A merger review itself is not an easy task and tends to bring complex issues that …


Culture Andintellectual Property Development In Indonesia, Agus Sardjono Dec 2011

Culture Andintellectual Property Development In Indonesia, Agus Sardjono

Indonesia Law Review

The conception of Intellectual Property Right (IPR) is generally misunderstood by among common people. In order to obtain a more comprehensive understanding of IPR, we may as well start with the most dominant point of view, namely that from the perspective of the State and Government.This point of view is dominant because the State and Government are the institutions which havethe authority to make law, to implement law and to interpret the law in the various forms of itsimplementation. A study of IPR can be taken from wider view, as cultural perspectivetake the approach of looking at various events related …


Sustainable Fisheries In Southeast Asia, Melda Kamil Ariadno Dec 2011

Sustainable Fisheries In Southeast Asia, Melda Kamil Ariadno

Indonesia Law Review

Fisheries activity has increased significantly in number. As a result, we might see high investment in fisheries is due to the high demand for fish and fisheries products. Therefore, marine resources as well as other living resources are at risk in being harmed by excessive fisheries activities, for example: the use of trawl. Indonesia, as a Maritime State, need to impose sustainable fisheries because the principle of utilizing sustainable fisheries resources as adopted in the Law on Fisheries (Law No. 31 Year 2004 as amended by Law No. 45 Year 2009) to control fishery activities.Fishery activities are regulated not only …


The Issues Of Access To Justice In The Case Of Dispute Resolution Within The Indigenous Community Of Tulehu, Central Maluku, Lidwina Inge Nurtjahyo Dec 2011

The Issues Of Access To Justice In The Case Of Dispute Resolution Within The Indigenous Community Of Tulehu, Central Maluku, Lidwina Inge Nurtjahyo

Indonesia Law Review

This study is aimed to analyze how customary law is practiced in strategizing dispute settlement among the villagers. In some cases, the parties who had the disputes brought their cases to the non states intermediaries to give the best remedies that fulfill their own senses of justice. As we know in the Access to Justice approaches, the disputes could be solved not only using both with state law and non-state law. These facts showed how people doing law community members in relation to dispute resolution mechanism based on customary law from the perspective of access to justice. By applying customary …


President Obama And The Changing Cyber Paradigm, Eric Talbot Jensen Dec 2011

President Obama And The Changing Cyber Paradigm, Eric Talbot Jensen

Faculty Scholarship

Among the most important issues for American National Security is the national response to the growing threat from cyber activities. This threat is both ubiquitous and potentially catastrophic as recently demonstrated by both the recent decision by the UK to prioritize cyber capabilities over putting in service an air-capable aircraft carrier and the targeted effectiveness of the STUXNET worm. The evolving cyber paradigm will force the United States to reevaluate the way in which it thinks of both national security and the concept of armed conflict. To combat this threat, President Obama must refocus America’s attention, by both reallocating the …


The Ship Arrest Conventions Of 1952 And 1999 : International And Ukrainian Perspectives, Nadiya Isikova Dec 2011

The Ship Arrest Conventions Of 1952 And 1999 : International And Ukrainian Perspectives, Nadiya Isikova

World Maritime University Dissertations

The dissertation is an analytical study on international and Ukrainian perspective of the ship arrest, examining the rights and interests of claimants such as mortgagees and holders of maritime liens, but also those of shipowners and ship operators. The purpose of this research is to compare two Arrest Conventions of 1952 and 1999, taking into consideration their historical and theoretical development, problems of implementation and interpretation, differences in the list of individual maritime claims, procedures and rules regarding arrest, rearrest, release and counter security. The associated object is to carry out an assessment of the law of Ukraine on ship …


A Socio-Cultural Analysis Of Building And Improving Safety Culture : Case Study Of The Maritime Industry In Sri Lanka, Prasad Manjula H. Hettiarachchie Don Dec 2011

A Socio-Cultural Analysis Of Building And Improving Safety Culture : Case Study Of The Maritime Industry In Sri Lanka, Prasad Manjula H. Hettiarachchie Don

World Maritime University Dissertations

The aim of this study is to determine the influential power of some cultural and social factors which could uplift the Safety Culture in the Sri Lankan maritime industry and to examine the underlying factors which contributed to the evolution of Safety in the maritime sector. This research has been done using amixed method approach and the researcher used a questionnaire to collect data from 101 employees attached to three key organizations inthe Sri Lankan maritime industry. Out of the six areas of the questionnaire, the first one focused on identifying the evolution of safety in this industry and the …


Establishing A New Protection And Indemnity (P&I) Insurance Institution In Turkey, Muhammet Alper Keceli Dec 2011

Establishing A New Protection And Indemnity (P&I) Insurance Institution In Turkey, Muhammet Alper Keceli

World Maritime University Dissertations

Insurance draws attention as a sector that is understood much better in terms of its importance especially in recent years globally and in Turkey as well and this sector is developing each day. In direct proportion to the development of insurance, the importance of marine insurance forming a special part of insurance has also come to the surface. Marine insurance, as a field has unique characteristics that can dominant from general insurance principles from certain angles, and stands before us as a dynamic field necessary to be reviewed and handled over and over again with the developments in the world. …


An Analysis Of Protests Carried Out By Ships (Pcs) : Should Pcs Be Regulated By A New Imo Instrument?, Waldemar A. Wichmann Dec 2011

An Analysis Of Protests Carried Out By Ships (Pcs) : Should Pcs Be Regulated By A New Imo Instrument?, Waldemar A. Wichmann

World Maritime University Dissertations

This paper attempts to analyze protests1 carried out by ships as acts of objection in the exercise of the human right to protest. The purpose of the analysis is to find out whether protests carried out by ships have recognition and legitimation in the maritime industry. Also, considering the one proposal to regulate this maritime activity at the International Maritime Organization (IMO), the analysis attempts to find out whether a new maritime instrument such a Code of Conduct is necessary. This academic exercise takes the reader from the analysis of the reasons why people protest and the right to protest …


Step Down, Justice Melvin, Bruce Ledewitz Dec 2011

Step Down, Justice Melvin, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals


Justice’S Suspension Is Dubious, Bruce Ledewitz Dec 2011

Justice’S Suspension Is Dubious, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals


Summary Of Munda V. Summerlin Life & Health Ins. Co., 127 Nev. Adv. Op. No. 83, Joseph Bowen Dec 2011

Summary Of Munda V. Summerlin Life & Health Ins. Co., 127 Nev. Adv. Op. No. 83, Joseph Bowen

Nevada Supreme Court Summaries

An appeal from a district court order granting a motion to dismiss in a tort action.


Summary Of State V. Dist. Ct., 127 Nev. Adv. Op. 84, Michelle Newman Dec 2011

Summary Of State V. Dist. Ct., 127 Nev. Adv. Op. 84, Michelle Newman

Nevada Supreme Court Summaries

The Court considered the State’s petition for a writ of mandamus challenging the district court’s exclusion of blood alcohol test results obtained by retrograde extrapolation from the prosecution of defendant for driving under the influence.


Summary Of Fourth St. Place V. Travelers Indem. Co., 127 Nev. Adv. Op. 86, Daniella Labounty Dec 2011

Summary Of Fourth St. Place V. Travelers Indem. Co., 127 Nev. Adv. Op. 86, Daniella Labounty

Nevada Supreme Court Summaries

The Court reviewed a district court grant of summary judgment in favor of the insurer in an insurance coverage action.


Summary Of In Re Fontainebleau Las Vegas Holdings, 128 Nev. Adv. Op. 53, David H. Rigdon Dec 2011

Summary Of In Re Fontainebleau Las Vegas Holdings, 128 Nev. Adv. Op. 53, David H. Rigdon

Nevada Supreme Court Summaries

The Court considered a motion to strike an appendix from the record in a pending certification case from the United States Bankruptcy Court.


Summary Of Rogers V. State, 127 Nev. Adv. Op. No. 88, Amanda Ireland Dec 2011

Summary Of Rogers V. State, 127 Nev. Adv. Op. No. 88, Amanda Ireland

Nevada Supreme Court Summaries

An appeal from a district court denial of a petition for a writ of habeas corpus, with consideration of the scope and applicability of Graham v. Florida to a term-of-years sentence.


Summary Of Toston V. State, 127 Nev. Adv. Op. 87, Kendra Kisling Dec 2011

Summary Of Toston V. State, 127 Nev. Adv. Op. 87, Kendra Kisling

Nevada Supreme Court Summaries

The Court considered an appeal of a district court order denying a writ of habeas corpus.


December 28, 2011: Enlisting The Help Of Sam Harris, Bruce Ledewitz Dec 2011

December 28, 2011: Enlisting The Help Of Sam Harris, Bruce Ledewitz

Hallowed Secularism

Blog post, “Enlisting the Help of Sam Harris“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


Reply Brief For Petitioner. Kloeckner V. Solis, 568 U.S. 41 (2012) (No. 11-184), 2011 U.S. S. Ct. Briefs Lexis 2894, Eric Schnapper, Larry J. Stein, Antony J. Franze, R. Reeves Anderson, R. Stanton Jones Dec 2011

Reply Brief For Petitioner. Kloeckner V. Solis, 568 U.S. 41 (2012) (No. 11-184), 2011 U.S. S. Ct. Briefs Lexis 2894, Eric Schnapper, Larry J. Stein, Antony J. Franze, R. Reeves Anderson, R. Stanton Jones

Court Briefs

No abstract provided.


Religion And Race: The Ministerial Exception Reexamined, Ian Bartrum Dec 2011

Religion And Race: The Ministerial Exception Reexamined, Ian Bartrum

NULR Online

No abstract provided.


Where To Begin Researching Civil Rights Law, Rebecca Mattson Dec 2011

Where To Begin Researching Civil Rights Law, Rebecca Mattson

Law Library Faculty Works

In this article, the author discusses selected sources for researching civil rights law.


December 24, 2011: The Waning Of Christian Culture, Bruce Ledewitz Dec 2011

December 24, 2011: The Waning Of Christian Culture, Bruce Ledewitz

Hallowed Secularism

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


Amicus Curiae Brief On Behalf Of The Fred T. Korematsu Center For Law And Equality, In Support Of Neither Party, Robert S. Chang, Lorraine K. Bannai, Robert C. Boruchowitz, David A. Perez Dec 2011

Amicus Curiae Brief On Behalf Of The Fred T. Korematsu Center For Law And Equality, In Support Of Neither Party, Robert S. Chang, Lorraine K. Bannai, Robert C. Boruchowitz, David A. Perez

Fred T. Korematsu Center for Law and Equality

Civil Rights Amicus Brief Project


Religious Freedom, Church–State Separation, And The Ministerial Exception, Thomas C. Berg, Kimberlee Wood Colby, Carl H. Esbeck, Richard W. Garnett Dec 2011

Religious Freedom, Church–State Separation, And The Ministerial Exception, Thomas C. Berg, Kimberlee Wood Colby, Carl H. Esbeck, Richard W. Garnett

NULR Online

No abstract provided.


A Commentary On The Committee On The Rights Of The Child's Definition Of Non-Refoulement For Children: Broad Protection For Fundamental Rights, Alice Farmer Dec 2011

A Commentary On The Committee On The Rights Of The Child's Definition Of Non-Refoulement For Children: Broad Protection For Fundamental Rights, Alice Farmer

Res Gestae

No abstract provided.


Pleading For A Bargain: The Upcoming Debate Over Competing Standards Of Prejudice In Missouri V. Frye, Ian Hampton Dec 2011

Pleading For A Bargain: The Upcoming Debate Over Competing Standards Of Prejudice In Missouri V. Frye, Ian Hampton

Duke Journal of Constitutional Law & Public Policy Sidebar

No abstract provided.


Dictionaries Fail: The Volcker Rule's Reliance On Definitions Renders It Ineffective And A New Solution Is Needed To Adequately Regulate Proprietary Trading, R. Rex Chatterjee Dec 2011

Dictionaries Fail: The Volcker Rule's Reliance On Definitions Renders It Ineffective And A New Solution Is Needed To Adequately Regulate Proprietary Trading, R. Rex Chatterjee

Brigham Young University International Law & Management Review

No abstract provided.


Ndls Update 12/20/2011, Notre Dame Law School Dec 2011

Ndls Update 12/20/2011, Notre Dame Law School

NDLS Update

No abstract provided.


Akzo And The Debate On In-House Privilege In The European Union, Clinton R. Long Dec 2011

Akzo And The Debate On In-House Privilege In The European Union, Clinton R. Long

Brigham Young University International Law & Management Review

No abstract provided.


Coco Rising: Can The Emergence Of Novel Hybrid Securities Protect From Future Liquidity Crises?, Eric S. Halperin Dec 2011

Coco Rising: Can The Emergence Of Novel Hybrid Securities Protect From Future Liquidity Crises?, Eric S. Halperin

Brigham Young University International Law & Management Review

No abstract provided.