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Journal of Digital Forensics, Security and Law

No abstract provided.

Front Matter

Journal of Digital Forensics, Security and Law

No abstract provided.

A New Distributed Chinese Wall Security Policy Model, Saad Fehis, Omar Nouali, Mohand-Tahar Kechadi

Journal of Digital Forensics, Security and Law

The application of the Chinese wall security policy model (CWSPM) to control the information flows between two or more competing and/or conflicting companies in cloud computing (Multi-tenancy) or in the social network, is a very interesting solution. The main goal of the Chinese Wall Security Policy is to build a wall between the datasets of competing companies, and among the system subjects. This is done by the applying to the subjects mandatory rules, in order to control the information flow caused between them. This problem is one of the hottest topics in the area of cloud computing (as a distributed …

Biodiversity Beyond National Jurisdiction: Current Debate And Indonesia's Interest, Gulardi Nurbintoro, Haryo Budi Nugroho

Indonesia Law Review

The drafters of the 1982 UN Convention on the Law of the Sea (UNCLOS) have left behind a lacunae in terms of the regulations concerning Biodiversity in the Areas Beyond National Jurisdiction (BBNJ). As living organisms are found in the deep seabed in areas beyond national jurisdiction, as well as the utilization of marine genetic resources beyond national jurisdiction for commercial purposes, States are currently deliberating on the proper regime in dealing with the management and exploitation of the biodiversity. Some States argue that Part XI UNCLOS applies hence BBNJ is also part of the Common Heritage of Mankind. On …

Mining Law & Regulatory: Practice In Indonesia, Tri Hayati

Indonesia Law Review

Mining law, since before the Indonesian independence has already been a debatable topic between the business sector, Government, and other stakeholders until now. Several issues of mining law that have been debated among others, are: the form of concession and the authority for issuing mining licenses in relations with the right of state control stipulated under Article 33 paragraph (3) of the 1945 Indonesian Constitution, issues regarding taxes and royalties, environmental issues and other obligations. Since the enactment of Indische Mijn Wet 1899 until the enactment of Law No. 4 of 2009, these debates have yet to be settled; more, …

Finding A Fair Land Dispute Settlement Mechanism Between Adat Law Community Vs. Investor, Ratih Lestarini

Indonesia Law Review

Land utilization for investment in local areas raises various land related problems that ends with conflicts within the community. A conflict that occurs, usually begins with the management of communal land “tanah ulayat” within the adat law community environment, and in this case, land utilization that is managed by the third party (investors). The basic problem is the difference of perception and expectations toward the company that exists in the land which is claimed by the community. Both parties have their own claim on the land based on each legal systems, in this situation adat law or local law faced …

The Effectiveness Of National Collective Management Organization Regulation, Agus Sardjono, Brian Amy Prastyo, Derezka G. Larasati

Indonesia Law Review

Law Number 28 of 2014 concerning Copyright in Article 89 provides for two National Collective Management Organizations (briefly referred to as LMKN), both of which represent the interests of Authors and the Owners of Related Rights. Both of the said organizations possess the authority to impose, collect, and distribute royalty obtained from commercial users. The Minister of Law and Human Rights inaugurated commissioners assigned to the said Authors’ LMKN and Related Rights LMKN. The LMKN is bound to have an operational effect on previously existing LMKs in Indonesia. Therefore, the objective of this study is to assess whether the existing …

Debunking The Relationship Between Law And Capitalism: How Corporate Governance Failures Contribute To The Financial Crisis In Indonesia?, Najmu Laila Sopian, Muhammad Yahdi Salampessy

Indonesia Law Review

The recent global financial catastrophe has raised questions about the relationship between corporate governance and the crisis. Many scholars attribute the crisis to the corporate failure and the Anglo-Saxon model of capitalism. Much of the literatures, however, tend to focus on examining the issue of financial crisis in the developed economy. Following up this line of literatures, this paper will extend the discussion of the role of corporate governance in financial crisis in the developing world. Using Indonesia as a case study, this paper will look at evidence that has emerged from the recent financial crisis regarding the failures of …

Quintavalle: The Quandary In Bioethics, Lisa Cherkassky

Journal of Law and Health

The case of R. (Quintavalle) v. Human Fertilisation Embryology Authority (and Secretary of State for Health) presents a handful of legal problems. The biggest legal query to arise from the case is the inevitable harvest of babies, toddlers and very young children for their bone marrow. This article unpacks the judicial story behind Quintavalle to reveal how the strict provisions of the Human Fertilisation and Embryology Act 1990 - namely ‘suitable condition’ under schedule 2 paragraph 1(1)(a) and ‘treatment services’ and ‘assisting’ under section 2(1) - were widely misinterpreted to introduce the social selection of embryos into law. The legal …

Expansion Of Employee Wellness Programs Under Ppaca Creates Additional Barriers To Healthcare Insurance For Individuals With Disabilities, Amy B. Cheng

Journal of Law and Health

There are many barriers to healthcare for the general population that has been documented throughout the years, with one particularly affected group being individuals with disabilities. One identified healthcare barrier for individuals with disabilities is the inability to gain access to the healthcare system through health insurance. While many attempts have been made to resolve this issue, serious problems have yet to be resolved. The Patient Protection Affordable Care Act (PPACA) attempted to solve the issue by expanding Health Insurance Portability and Accountability Act of 1996’s (HIPAA) current regulations on employee wellness programs. The relevant regulations govern employee wellness programs …

Save Thousands Of Lives Every Year: Resuscitate The Peer Review Privilege, Alan G. Williams

Journal of Law and Health

Doctors make mistakes—preventable medical mistakes—that kill or seriously injure patients. The best way to reduce these preventable errors is through a medical peer review process typically referred to as a "morbidity and mortality conference." However, over the past twenty years, federal and state courts, state legislatures, and state voters have effectively gutted the morbidity and mortality conference (M&M) as a remedial and preventative tool, resulting in tens of thousands of unnecessary deaths every year. Doctors need our help restoring the effectiveness of M&Ms. Congress has created the means to do so; now, all the courts need do is use it. …

Healer, Witness, Or Double Agent? Reexamining The Ethics Of Forensic Psychiatry, Matthew U. Scherer

Journal of Law and Health

In recent years, psychiatrists have become ever more prevalent in American courtrooms. Consequently, the issue of when the usual rules of medical ethics should apply to forensic psychiatric encounters has taken on increased importance and is a continuing topic of discussion among both legal and medical scholars. A number of approaches to the problem of forensic psychiatric ethics have been proposed, but none adequately addresses the issues that arise when a forensic encounter develops therapeutic characteristics. This article looks to the rules governing the lawyer-client relationship as a model for a new approach to forensic psychiatric ethics. This new model …

Salt Lake City Corporation, Petitioner-Plaintiff-Appellee, V. Mark C. Haik, Respondent-Defendant-Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

An Appeal from the Third Judicial District court Case No. 140900915 The Honorable Andrew Stone presiding

Thomas K. True And Melissa L. True, Appellants, V. Utah Department Of Transportation, Appellee. : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

REPLY

On appeal from a final judgment of the Second Judicial District Court,
Weber County, State of Utah, the Honorable Joseph M. Bean presiding

Kylie Lee Plaintiff/Appellant Vs. Kenneth Williams, And Moab Family Medicine, Defendants/Appellees : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF PLAINTIFF-APPELLATE

Appeal from the Judgment of the Seventh Judicial District Court,
Grand County
The Honorable Lyle R. Anderson, District Court Judge, Presiding
District Court Case No. 130700019

George K. Fadel, An Individual, Plaintiff, Vs. Deseret First Credit Union, A Federally Chartered Credit Union, Defendant. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLEE DESERET FIRST CREDIT UNION

Geneinne Ellen Davis, Petitioner/Appellant, Lewis Ray Davis, Decedent, Vs. Utah Labor Commission, Air Systems Inc. And/Or Acuity Mutual Insurance, Respondents/Appellees. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLEES

Patricia Munoz, Petitioner/Appellee, Vs. Martin Roberto Carlos-Moran, Respondent/Appellant. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLEE

APPEAL FROM A DECREE OF DIVORCE ENTERED BY THE
FOURTH DISTRICT COURT FOR UTAH COUNTY STATE OF UTAH,
JUDGE FRED D. HOWARD PRESIDING

Fur Breeders Agricultural Cooperative, (Employer No. 002612-0). Petitioner/Appellant, Vs. Department Of Workforce Services, Workforce Appeals Board, Respondent/Appellee. : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

REPLY BRIEF OF APPELLANT

APPEAL
Appeal from Decision of Workforce Appeals Board
Department of Workforce Services

Gary Lynn Armendariz, Petitioner/Appellant, Vs. Pixie Marie Armendariz, Respondent/Appellee. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLANT

Appeal from the Second District Court, Farmington
The Honorable John R. Morris, Presiding

Gary Lynn Armendariz, Petitioner/Appellant, Vs Pixie Marie Armendariz, Respondent/Appellee. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLEE

Appeal from the Second Judicial District Court, Davis County,
Farmington Department, State of Utah, Honorable John R. Morris

State Of Utah, Plaintiff/Appellee, V. Cullen Christopher Carrick, Defendant/Appellant. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Brief of Appellee

Appeal from a conviction for burglary, a second degree felony,
in the First Judicial District, Box Elder County, the Honorable
Brandon J. Maynard presiding

Phillip Grimm, An Individual, Plaintiff And Appellee / Cross-Appellant, V. Dxna Llc, A Delaware Limited Liability Company, Defendant And Appellant/Cross-Appellee : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

REPLY BRIEF OF CROSS-APPELLANT PHILLIP GRIMM

On Appeal from the Fifth Judicial District Court of Washington County,
Honorable Pamela G. Heffernan

Kellie P. Sunday, (Nka, Kellie Weaver) Petitioner/Appellee V. Ernest J. Pease, Respondent/Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

APPEAL OF SUPPLEMENTAL DECREE OF DIVORCE FROM THE THIRD JUDICIAL
DISTRICT OF SALT LAKE COUNTY, UTAH, HON. PAUL G. MAUGHAN

ERRATA
(BRIEF OF APPELLEE'S TABLE OF CONTENTS)

Moriah Lee Chesley, Petitioner/Appellee, Vs. Benjamin Wade Chesley, Respondent/Appellant. : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

REPLY BRIEF OF APPELLANT

Appeal from the Decree of Divorce in the Third Judicial District Court in and for Tooele
County, Judge Robert Adkins

Dean White, Petitioner/Appellant, Vs. Julie Dawn White, Respondent/Appellee, : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLANT

Appeal from the Fourth District Court, Utah County, State of Utah
The Honorable Judge McDade

Chad Eskelsen And Lorna Eskelsen, Plaintiffs And Appellants, Vs. Vaughn L. Hansen; Carolyn S. Hansen; Vc Holdings, Llc, A Utah Limited Liability Company; And Theta Investment Company, A Utah Corporation. Defendants And Appellees. : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

REPLY BRIEF OF APPELLANTS
CHAD ESKELSEN AND LORNA
ESKELSEN AND APPELLEE VC
HOLDINGS, LLC

Appeal from Final Order and Judgment of the Honorable Jeffery C. Wilcox of the
Fifth Judicial District Court in and for Washington County, State of Utah

Chad Eskelsen And Lorna Eskelsen, Plaintiffs And Appellants, V. Vaughn L. Hansen; Carolyn S. Hansen; Vc Holdings, Llc, A Utah Limited Liability Company; And Theta Investment Company, A Utah Corporation, Defendants And Appellees. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF FOR APPELLEE
THETA INVESTMENT COMPANY

On appeal from a judgment of the Fifth District Court for Washington County,
The Honorable Jeffrey C. Wilcox

A Journey Through The Health Care Safety Net, Brietta R. Clark

Saint Louis University Law Journal

No abstract provided.

In Re: Mary Doe And Jane Doe, Petitioners. : Apellant Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Second Amended Petition to Allow Bar
Admission for Undocumented Immigrants