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2013

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Articles 61 - 90 of 12812

Full-Text Articles in Law

Reed V. St. Romain, Alexandru-Daniel On Dec 2013

Reed V. St. Romain, Alexandru-Daniel On

Journal of Civil Law Studies

No abstract provided.


Indonesian Experience In Dealing With Trademark Law: Case Study Of Batik Smes, Agus Sardjono, Brian Amy Prastyo, Desrezka Gunti Larasati Dec 2013

Indonesian Experience In Dealing With Trademark Law: Case Study Of Batik Smes, Agus Sardjono, Brian Amy Prastyo, Desrezka Gunti Larasati

Indonesia Law Review

This research aims to observe whether the Trademark Law can contribute to protect Indonesia’s batik business, particularly for the small-medium enterprises who produce and sell batik products (“Batik SMEs”). The individual trademark system has not been successful to support the batik SMEs’ business. However, the fact that those SMEs gather in a community, organization, or kinships bring potentials for the development of collective trademarks, which can address the problems that individual trademark cannot anticipate. This research finds that, in order to anticipate the free-trade ‘attack,’ i.e. imported textiles with batik patterns/motifs; Indonesian batik SMEs need to be nurtured and encouraged …


The Roles Of The Supreme Court Of The Republic Of Indonesia In Enforcement Of International Arbitral Awards In Indonesia, Mutiara Hikmah Dec 2013

The Roles Of The Supreme Court Of The Republic Of Indonesia In Enforcement Of International Arbitral Awards In Indonesia, Mutiara Hikmah

Indonesia Law Review

Indonesia has been being a member of the 1958 New York Convention since 1981, namely upon issuance of the Presidential Decree No. 34 of 1981. Prior to taking into force of the Regulation of the Supreme Court of the Republic of Indonesia No. 1 of 1990 on Procedures for Enforcement of Foreign Arbitral awards, there were still constraints for the foreign business players in term of enforcement of arbitral awards in Indonesia. The Supreme Court as the highest judicial institution in Indonesia holds that international arbitral awards can not be enforced in Indonesia. After the Indonesian Supreme Court has issued …


Execution Of Fiduciary Guarantee Under Law No. 42 Of 1999 On Fiduciary Guarantee (A Socio-Juridical Analysis To Anticipate Its Effectiveness), Arie S. Hutagalung Dec 2013

Execution Of Fiduciary Guarantee Under Law No. 42 Of 1999 On Fiduciary Guarantee (A Socio-Juridical Analysis To Anticipate Its Effectiveness), Arie S. Hutagalung

Indonesia Law Review

Fiduciary Guarantee (Fiduciary Law) which approved by the House of Representatives of the Republic of Indonesia (DPR RI) on September 9, 1999 has accommodate the public needs to help business activities and to provide legal certainty to the interested parties. With the increase in the development activities and the needs for funding, a majority of funds are needed to meet the lending and borrowing activities that require protection for the lender and the borrower through a guarantee institution that can provide legal certainty and protection to the lender or the borrower. Viewed from the current lending practices, there is a …


International Cooperation Among States In Globalized Era:The Decline Of State Sovereignty, Koesrianti Koesrianti Dec 2013

International Cooperation Among States In Globalized Era:The Decline Of State Sovereignty, Koesrianti Koesrianti

Indonesia Law Review

This article discusses the national sovereignty and regionalism in the context of the membership of a state into regional economic organisations. It concludes that in nowadays-shrinking world the traditional concept of sovereignty is less relevant since states have suffered a loss in their sovereignty. It found that member states of regional economic organisations have to cede a degree of sovereignty, such as in the EU. This phenomenon however is not the case for NAFTA and AFTA.


Mainstreaming Human Rights Under National And International Law: Legal And Epistemic Question, Damilola S. Olawuyi Dec 2013

Mainstreaming Human Rights Under National And International Law: Legal And Epistemic Question, Damilola S. Olawuyi

Indonesia Law Review

Even though the concept of human rights mainstreaming is not new to public international law, it has recently gained increased recognition as a practical approach for recognizing the linkages between human rights and other social justice issues such as environmental protection. A plenitude of literature have been generated on the need to recognize and enforce human rights standards and norms in a wide range of issues including environment, health, gender, poverty, food, water and refugee protection to mention but a few. Despite the rapid ascendancy of the human rights mainstreaming concept, much attention have not been given to the scope …


Runtuhnya Institusi Mahkamah Agung (The Indonesian Supreme Court: A Study Of Institutional Collapse), Anugerah Rizki Akbari Dec 2013

Runtuhnya Institusi Mahkamah Agung (The Indonesian Supreme Court: A Study Of Institutional Collapse), Anugerah Rizki Akbari

Indonesia Law Review

Since the fall of Indonesian president Soeharto, a major focus of the reformers has been the corrupt and inefficient judicial system. Within the context of a history of the Supreme Court in post-independence Indonesia, Sebastiaan Pompe analyzes the cause of the judiciary’s failure over the past decades. This book provides an essential background for those seeking to understand why legal reform has been so slow and frustrating in the post-1998 period.


Front Matter Dec 2013

Front Matter

City University of New York Law Review

No abstract provided.


"He Got In My Face So I Shot Him": How Defendants' Language Impairments Impair Attorney-Client Relationships, Michele Levigne, Gregory Van Rybroek Dec 2013

"He Got In My Face So I Shot Him": How Defendants' Language Impairments Impair Attorney-Client Relationships, Michele Levigne, Gregory Van Rybroek

City University of New York Law Review

No abstract provided.


Fostering The Human Rights Of Youth In Foster Care: Defining Reasonable Efforts To Improve Consequences Of Aging Out, Ramesh Kasarabada Dec 2013

Fostering The Human Rights Of Youth In Foster Care: Defining Reasonable Efforts To Improve Consequences Of Aging Out, Ramesh Kasarabada

City University of New York Law Review

No abstract provided.


Considering The Individualized Education Program: A Call For Applying Contract Theory To An Essential Legal Document, Bonnie Spiro Schinagle Dec 2013

Considering The Individualized Education Program: A Call For Applying Contract Theory To An Essential Legal Document, Bonnie Spiro Schinagle

City University of New York Law Review

No abstract provided.


Male Asylum Applicants Who Fear Becoming The Victims Of Honor Killings: The Case For Gender Equality, Caitlin Steinke Dec 2013

Male Asylum Applicants Who Fear Becoming The Victims Of Honor Killings: The Case For Gender Equality, Caitlin Steinke

City University of New York Law Review

No abstract provided.


If I Marry A Man In New York, Could I Marry A Woman In Kentucky?: The Problem Of The Fundamental Right To (Straight) Marriage, Philip R. Hsiao Dec 2013

If I Marry A Man In New York, Could I Marry A Woman In Kentucky?: The Problem Of The Fundamental Right To (Straight) Marriage, Philip R. Hsiao

City University of New York Law Review

No abstract provided.


Space Law And The Future Of Public Interest, Mclee Kerolle Dec 2013

Space Law And The Future Of Public Interest, Mclee Kerolle

City University of New York Law Review

No abstract provided.


Natural Disasters, Access To Justice, And Legal Services, Jordan Ballard, Julia Howard-Gibbon, Branda Muñoz Furnish, Aaron Scheinwald Dec 2013

Natural Disasters, Access To Justice, And Legal Services, Jordan Ballard, Julia Howard-Gibbon, Branda Muñoz Furnish, Aaron Scheinwald

City University of New York Law Review

No abstract provided.


Fighting For Educational Stability In The Face Of Family Turmoil, Michael R. Mastrangelo Dec 2013

Fighting For Educational Stability In The Face Of Family Turmoil, Michael R. Mastrangelo

City University of New York Law Review

No abstract provided.


The Birth Of The Greenback, Dawinder S. Sidhu Dec 2013

The Birth Of The Greenback, Dawinder S. Sidhu

Faculty Scholarship

No abstract provided.


A State’S Right To Military Power: The International Legal Implications Of Potential Sdf Action, Rachel Mueller Dec 2013

A State’S Right To Military Power: The International Legal Implications Of Potential Sdf Action, Rachel Mueller

Duke Journal of Comparative & International Law

No abstract provided.


State Of Utah, Plaintiff/Appellee, V. John E. Hummel, Defendant/Appellant, Utah Supreme Court Dec 2013

State Of Utah, Plaintiff/Appellee, V. John E. Hummel, Defendant/Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Apppeal from convictions for theft, two third-degree and two second-degree felonies; attempted theft, a third-degree felony; and theft by deception, a second-degree felony, in the Sixth Judicial District, Garfield County, the Honorable James R. Taylor presiding


Inflation In Enrichment Claims: Reflections On The Brazilian Civil Code, Aimite Jorge Dec 2013

Inflation In Enrichment Claims: Reflections On The Brazilian Civil Code, Aimite Jorge

Journal of Civil Law Studies

Inflation can be one of the risks assumed by the parties to a contract. Notwithstanding, contractual terms may provide for monetary corrections to offset that risk in cases of foreseeable inflation. The same may not hold true, however, for claims based on unjustified enrichment. They may find themselves in the position of innocents because the events that brought about the decline of purchasing power of the currency were unconnected to them. This paper analyses the approach recently favoured in the new Brazilian Civil Code on inflation in enrichment claims. Its focus is on article 884 (headed “enriquecimento sem justa causa”), …


Back Matter Dec 2013

Back Matter

Journal of Digital Forensics, Security and Law

No abstract provided.


Masthead Dec 2013

Masthead

Journal of Digital Forensics, Security and Law

No abstract provided.


Front Matter Dec 2013

Front Matter

Journal of Digital Forensics, Security and Law

No abstract provided.


Vietnam Towards The Maritime Labour Convention, 2006 : Benefits, Challenges And Reality, Nguyen Viet Hoang Son Dec 2013

Vietnam Towards The Maritime Labour Convention, 2006 : Benefits, Challenges And Reality, Nguyen Viet Hoang Son

World Maritime University Dissertations

No abstract provided.


Implementation Of The Maritime Labour Convention In Peru : Applications Met's Models To Optimize Implementation, Gustavo Livia Rosas Dec 2013

Implementation Of The Maritime Labour Convention In Peru : Applications Met's Models To Optimize Implementation, Gustavo Livia Rosas

World Maritime University Dissertations

No abstract provided.


Social Engineering Through Shari’A: Islamic Law And State-Directed Da’Wa In Contemporary Aceh, R. Michael Feener Dec 2013

Social Engineering Through Shari’A: Islamic Law And State-Directed Da’Wa In Contemporary Aceh, R. Michael Feener

Indonesia Law Review

This study of the contemporary Islamic legal system in Aceh, Indonesia argues for new attention to be paid to the ways in which contemporary Muslim agendas for the implementation of Islamic law can be read as projects for future oriented social transformation—rather than as a series of reactive measures to perceived ‘crises of modernity’ and/or the political machinations of rival elites in contesting control of state power. In doing so it highlights the ways in which the ideals of, and institutional formations developed by, proponents of Islamic law are configured in relation to a broad range of non-Muslim modernist projects, …


Future War, Future Law, Eric Talbot Jensen Dec 2013

Future War, Future Law, Eric Talbot Jensen

Faculty Scholarship

Advancing technology will dramatically affect the weapons and tactics of future armed conflict, including the “places” where conflicts are fought, the “actors” by whom they are fought, and the “means and methods” by which they are fought. These changes -- including continuing cyber conflict, increased use of autonomous weapon systems, the development of nanotechnology, and evolving virology capabilities -- will stress even the fundamental principles of the law of armed conflict, or LOAC. While it is likely that the contemporary LOAC will be sufficient to regulate the majority of future conflicts, the international community must be willing to evolve the …


Guantanamo And The End Of Hostilities, Eric Talbot Jensen Dec 2013

Guantanamo And The End Of Hostilities, Eric Talbot Jensen

Faculty Scholarship

Detainees in the War on Terror have been at Guantanamo Bay for over a decade. The justification for these detentions has been, at least in part, the on-going hostilities in Afghanistan. However, President Obama’s announcement in his 2013 State of the Union address that “By the end of [2014] our war in Afghanistan will be over” may undercut the continuing detention authority for at least some of these Guantanamo detainees. This paper analyzes the legal doctrine of release and repatriation in light of President Obama’s announcement and concludes that the President’s determination that hostilities have concluded between specific Parties to …


The International Tribunal For The Law Of The Sea (Itlos) : Innovations And Prospects In The International Maritime Disputes Settlement System After More Than Fifteen Years Of Effective Practice, Ousmane Diouf Dec 2013

The International Tribunal For The Law Of The Sea (Itlos) : Innovations And Prospects In The International Maritime Disputes Settlement System After More Than Fifteen Years Of Effective Practice, Ousmane Diouf

World Maritime University Dissertations

No abstract provided.


A Survey Of Judicial Standards For Imposing Liability On The Classification Societies : Potential Liability Under The Isps Code, Lufuno Albert Mudau Dec 2013

A Survey Of Judicial Standards For Imposing Liability On The Classification Societies : Potential Liability Under The Isps Code, Lufuno Albert Mudau

World Maritime University Dissertations

No abstract provided.