Law Commons^™

Naming The Tragedy, Eric T. Freyfogle

BYU Law Review

No abstract provided.

Isolated Wetland Commons And The Constitution, Blake Hudson, Mike Hardig

BYU Law Review

Isolated wetlands provide great ecological and economic value to the United States. While some states provide protection for isolated wetlands, a great many do not. These wetlands are also left outside the ambit of federal wetland regulatory protections under the Clean Water Act, with its murky jurisdictional reach. Notwithstanding jurisdictional questions under current federal statutes, the U.S. Supreme Court has gone so far as to call into question the constitutionality of federal isolated wetland regulation. This Article makes a normative argument that, in the absence of state or local programs providing holistic isolated wetland protection, federal action is needed. The …

Local Governments And Global Commons, Jonathan Rosenbloom

BYU Law Review

No abstract provided.

Coordinating The Oil And Gas Commons, Hannah J. Wiseman

BYU Law Review

No abstract provided.

Summary Of City Of Reno V. Int’L Ass’N Of Firefighters, 130 Nev. Adv. Op. 100, Scott Lundy

Nevada Supreme Court Summaries

The Court concluded that the International Association of Firefighters’ (IAFF) grievance was not arbitrable under the parties’ collective bargaining agreement (CBA) because the CBA explicitly stated the City of Reno’s statutory right to lay off any employee due to a lack of funds. Thus, the district court did not have authority under NRS Chapter 38 to grant injunctive relief.

Summary Of Stockmeier V. Green, 130 Nev. Adv. Op. 99, Tom Stewart

Nevada Supreme Court Summaries

The court determined that Nevada’s Chief Medical Officer’s examination of inmate diets and her resulting report to the Board fell well short of what was required by NRS 209.382(1)(b) in that included no analysis of the diets of general population inmates, addressed diets at only one of Nevada's correctional facilities, and generally lacked any indication as to how the required examination was conducted.

State Of Utah, Appellee, Vs. D.G., Appellant A Person Under 18 Years Of Age., Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from an adjudication for aggravated sexual assault, a first degree felony punishable by fifteen-years-to life if committed by an adult, in violation of Utah Cose Section 76-5-405, see Utah Code 76-5-405 (2013), entered in the Third District Juvenile Court, in and for Salt Lake county, State of Utah, the Honorable Kimberly K. Hornak presiding. On certification to the Utah Supreme Court from the Utah Court of Appeals.

Hamoked: Center For The Defense Of The Individual V. Minister Of Defense, Elyakim Rubinstein, Esther Hayut, Noam Sohlberg

Translated Opinions

The petition concerned the Respondents’ authority to employ reg. 119 of the Defence (Emergency) Regulations, 1945 (hereinafter: Reg.119 or the Regulation) in a manner that would permit the forfeiture, demolition and sealing off of the homes of those suspected of involvement in hostile activity against the State of Israel. The Petitioners sought a declaratory order stating that the use of Reg. 119 in that manner and for such purposes is unlawful, inasmuch as, in their view, it contravenes international law and Israeli constitutional and administrative law.

The High Court of Justice (per Justice E. Rubinstein, Justices N. Sohlberg and …

Summary Of Sadler V. Pacificare Of Nevada, Inc., 130 Nev. Adv. Op. 98, Hayley Miller

Nevada Supreme Court Summaries

The Court determined (1) when stating a claim for a negligence action in which medical monitoring is sought as a remedy, a plaintiff may satisfy the injury requirement by alleging that additional medical monitoring is reasonably required beyond the standard recommendations.

Masthead

Journal of Digital Forensics, Security and Law

No abstract provided.

Back Matter

Journal of Digital Forensics, Security and Law

No abstract provided.

The Implications Of The Implementation Of Part Iii Of The United Nations Convention On The Law Of The Sea (Unclos) 1982 To The Safety Of Navigation And Marine Environmental Protection In The Straits Used For International Navigation : The Review Of Policy And Cooperation, And Future Direction Of The Cooperative Mechanism In The Straits Of Malacca And Singapore, Nanditya Darma Wardhana

World Maritime University Dissertations

Due to the development of the international trade, the shipping industry has become one of the prime methods of carrying commodities. Commodities are usually shipped through the main international routes, including the main international straits, which are usually used for international navigation. To regulate the rights and obligations between the littoral States and user States in the international Straits, UNCLOS 1982 adopted provisions, which are related to the Straits Used for International Navigation regime. The Straits of Malacca and Singapore are part of this regime. To enhance the safety of navigation and marine environmental protection in the Straits of Malacca …

Port Readiness In Facing Globalization: Indonesian Case Study, Melda Kamil Ariadno, Arie Afriansyah, Yetty Komalasari Dewi

Indonesia Law Review

International trade cannot be separated from the role of international shipping. More than 80% of goods transported through sea from a region to another, from one Country to another Country. Since the dawn of the voyage, port cannot be separated from the voyage itself. Adequate port will ensure a good international shipping. Increasing number of international shipping also means increasing volume of international trade. With a variety of factors such as geographical factor, natural resources, and population, Indonesia should be a key player in international trade by sea. However, the reality is still far from ideal, especially when compared with …

Theoretical Review On Indonesian Academic Legal Education In Conjunction With Asean Economic Community Era, Ariawan Gunadi

Indonesia Law Review

Indonesia will be welcoming the ASEAN Economic Community in 2015 as a multilateral agreement to create integrated regions such as: (a) a single market and production base, (b) a highly competitive economic region, (c) a region of equitable economic development, and (d) a region fully integrated into the global economy. These characteristics are interrelated and mutually reinforcing in a sense that overall development would not be complete without total completion of the previous sector. This article discusses the participation of Indonesia as part of ASEAN as a single market and production base, through free flow of services which targets higher …

The Problems Of Expert Witness In Criminal Law, Rafiqa Qurrata A'Yun

Indonesia Law Review

The expert testimony is a potential problem in the future due to the impact of the advancement of science and technology. These progressions have an impact on the quality of the crime methods, thus it must be balanced with improving the quality and method of evidence evaluation that requires knowledge and expertise. This paper examines the place of expert witness to be considered as one of the evidence in criminal case investigation and criminal court. I argue that expert qualifications should be determined based on formal education, professional experiences, and the relevance of his expertise with the case. The Criminal …

Book Review The Leiden Legacy: Concepts Of Law In Indonesia, M. Yahdi Salampessy

Indonesia Law Review

The Indonesian civil law system is often taken for granted, when it is actually a product of “institutional transplantation” and inherited from the Dutch Colonization. Long before the arrival of colonial powers in Indonesia several centuries ago, many local communities had operated within their self-regulating systems with multiple political entities. When colonization came to power, however, there was a massive shift from judge-made law to a centralized statute-based legal system imposed by the colonial order.

Cyber Sovereignty: The Way Ahead, Eric Talbot Jensen

Faculty Scholarship

The last few years are full of reports of cyber incidents, some of which have caused significant damage. Each of these cyber events raise important questions about the role and responsibility of States with respect to cyber incidents. The answer to these questions revolves in large part around the international law doctrine of sovereignty. The extent to which nations exercise sovereignty over cyberspace and cyber infrastructure will provide key answers to how much control States must exercise and how much responsibility States must accept for harmful cyber activities when they fail to adequately do so. This article argues that States …

The Duty To Manage Risk, A. Christine Hurt

Faculty Scholarship

No abstract provided.

Future War And The War Powers Resolution, Eric Talbot Jensen

Faculty Scholarship

Since its passage in 1973 over the veto of then-President Nixon, the War Powers Resolution (WPR) has been laden with controversy. Labeled as everything from ineffective to unconstitutional, the WPR has generally failed in its design to require notification and consultation to Congress by the President. Despite numerous proposals to amend the WPR, it continues to languish in the twilight of Executive war powers, and its future is bleak. With emerging technologies such as drones, cyber tools, nanotechnology, and genomics, the ineffectiveness of the WPR will prove even more profound. The WPR’s reliance on “armed forces” and “hostilities” as triggers …

Current Legal Framework On South Africa And Cameroon Relating To Plastic Pollution To The Environment On A Comparative Basis : Case Study : South Africa And Cameroon, Temah Larry Besong Ndi

World Maritime University Dissertations

The objective of these studies is to compare the environmental laws of South Africa and Cameroon with focus on plastic pollution laws on both nations, with a yard stick of that of IMO international conventions. The reason to better the environmental laws of Cameroon, copying that of South Africa which is very much advanced and are signatories to several IMO conventions, in abide to put Cameroon administration on same level. The importance of the marine environment need not be over emphasis as the plastics pollution is now a global concerned and Cameroon at the mouth of Atlantic Ocean, with a …

The Legal Aspect Relating To The Offer Of Port Service Business By State Owned Companies Outside The Territory Indonesia, Adi Nurcahya

World Maritime University Dissertations

This dissertation describes the legal aspect that may involve the strategic plan of a state-owned company that have a core business in port services in Indonesia to deliver port services outside the territory Indonesia. Furthermore, this dissertation have 3 (three) main concern, regarding: the legal aspects that considered by stateowned company; the mechanism of port business operated in the different jurisdictions of law; and the suitable schemes for state-owned company to expand port business overseas. To response above concern, this dissertation used both normative and comparative method to examine the legal aspects of state-owned company in Indonesia to conduct port …

A Legal Analysis On The Implementation And Enforcement Of Fishery Laws Of The Coastal State In Its Exclusive Economic Zone : A Philippine Perspective, Fatima Aleli Angeles

World Maritime University Dissertations

This dissertation scrutinizes the extent of the rights that the Philippines as a coastal State has with regards to the implementation and enforcement of fishery laws in its Exclusive Economic Zone (EEZ). By examining how the right to engage in fishing and the concept of EEZ emerged, as well as laying down the fishery rights of the States in the different maritime zones, this research was able to establish the legal regime involving the fishery laws implementation and enforcement in the EEZ. Thereafter, various States practices were probed to determine the trend of implementation and enforcement of fishery laws in …

Introduction

Cultural Encounters, Conflicts, and Resolutions

No abstract provided.

Latino Catholicism And Indigenous Heritage As A Subfield Of Latino Studies: A Critical Evaluation Of New Approaches, Elizabeth C. Martinez Ph.D.

Cultural Encounters, Conflicts, and Resolutions

Posed through critical theory on "third-space," and a brief history of Latin American Studies, this article pursues analysis of recent interdisciplinary scholarship in English, to delineate the emergence of a new subfield in Latina/o Catholicism, connected to greater understanding of Indigenous legacy. The article also demonstrates the path of study toward creation of a themed academic issue.

Religiosity In Constitutions And The Status Of Minority Rights, Brandy G. Robinson

Cultural Encounters, Conflicts, and Resolutions

Minority rights and religion have never been topics that are simultaneously considered. However, arguably, the two have relevance, especially when combined with the topic and theory of constitutionalism. Historically and traditionally, minorities have been granted certain rights and have been denied certain rights under various constitutions. These grants and denials relate to cultural differences and values, arguably relating to a culture’s understanding and interpretation of religion.

This article explores the relationship and status of minority rights as it relates to religiosity and constitutionalism. Essentially, there is a correlation between these topics and research shows where certain nations have used religion …

Immigrant Social-Economic Landscape Changes And Ethno-Racial Border Formation In Columbus, Ohio, David M. Walker Dr., Jack Schemenauer

Cultural Encounters, Conflicts, and Resolutions

In this study we analyze new immigrant gateways in the U.S. and the role African and Latino immigrants play in reinventing urban spaces while culturally and economically regenerating neighborhoods juxtaposed to orthodox city planning practices. Through this research we aim to further understand how urban space is produced at divergent scales in the era of heightened globalization. Through this understanding we analyze how the contestation over how urban space is used and consumed leads to distinctive forms in the production of urban space and the subsequent unintended formation of newly perceived cultural borders, often based upon race and ethnicity. Through …

December 30, 2014: The Radical Religious Message Of A Charlie Brown Christmas, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Radical Religious Message of A Charlie Brown Christmas“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

The Representations Of Arab-Muslims Through The Language Lens, Abed El-Rahman Tayyara

Cultural Encounters, Conflicts, and Resolutions

The article examines the use of Arabic as a sociolinguistic marker in American films that were released around the time of the events of 9/11/01 and investigates the extent to which stereotypical factors have been continuing in the same vein as in the past. Specifically, this study is a textual analysis of the application of Arabic in five recent films: Three Kings (dir. David O. Russell, 1999), Hidalgo (dir. Joe Johnston, 2004), Kingdom of Heaven (dir. Ridley Scott, 2005), Syriana (dir. Stephen Gaghan, 2005), and Body of Lies (dir. Ridley Scott, 2008). The article demonstrates that …

Table Of Contents

Cultural Encounters, Conflicts, and Resolutions

No abstract provided.

Heal Utah, Et. Al., Plaintiffs/Appellants, V. Kane County Water Conservancy District, Et. Al. Defendant/Appellees., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

An appeal from a judgment of the Seventh District Court sitting without a jury Judge George M. Hatmond, Jr.