Law Commons^™

Kebijakan Unilateral Penanganan Imigran Ilegal Australia Pasca Pemilihan Umum Australia Tahun 2013, Fakhrul Rizal

Global: Jurnal Politik Internasional

This article analyzes military policy making made by Australian Government to tackle the issue of illegal immigrants in Australia after the Australian Federal Election in 2013. Some of existing studies on the topic illustrate from the point of view of securitization, that illegal immigrant issues has been securitized and requires the intervention of the Australian army through Operations Sovereign Borders. However, in the context of the 2013 Australian Federal Elections, these earlier studies have not explained the objectives of securitization resulting in an assertive policy in the handling of illegal immigrants. By employing the strands of securitization concept, this paper …

The Development Of Concept Of Territory In International Relations, Ghifari Athallah Ramadhan

Global: Jurnal Politik Internasional

The concept of territory, a politicized space, is not really explored in International Relations, even though territory is where International Relations happen physically. This article explores the development of the concept of territory in International Relations. By seeing the development of the concept of territory in International Relations, I could see the main arguments regarding territory. For example, I could understand the argument behind the jargon of “borderless world” or “return of geography”. In order to fully explain the development of the concept of territory in International Relations, I divide my research into five parts. First, I would describe the …

The Complex Interplay Of Eu-China And Eu-Hksar Relations, Antonia Gough

Global: Jurnal Politik Internasional

Due to a unique colonial history, Hong Kong today operates under the “One Country, Two Systems” framework. In the years immediately following the handover, it was generally thought that this was working quite well. In recent years, however, tensions have arisen within the “One Country, Two Systems” model, most notably including the 2014 Umbrella Movement, the imprisonment of student protesters and various notable incidents like the disappearance of five book publishers. This article aims to uncover how consistent the EU is in promoting democratic norms in its relations with the HKSAR. Using discourse analysis of relevant EU documents, the article …

Pendekatan Konsep Harmoni Dalam Manajemen Konflik Oleh Jepang Dalam Isu Sengketa Senkaku/Diaoyu Dengan Tiongkok, Rudi Saeputra

Global: Jurnal Politik Internasional

The Senkaku dispute refers to a territorial claim between China and Japan over a group of eight pinnacle islands in East China Sea. Japan has taken a valid control over the Senkaku Islands since 1895. Yet, in the light of historical records, China claims the islands as a part of its ancient territory. This article aims to analyze Japan’s motives in taking repetitive peaceful measure in handling the Senkaku/Diaoyu Islands dispute. Most of existing academic writing about China-Japan discord put emphasize on the findings related to mutual aid and regime, strategy and policy, power projection and threat perception, and interaction …

Globalisasi Industri Hiburan Jepang Dan Korea: Pengaruh Terhadap Perspektif Publik Antar Negara, Annisa Kemala

Global: Jurnal Politik Internasional

Meski dengan status kedua negara sebagai kekuatan besar di Asia Timur, hubungan bilateral Jepang dan Korea Selatan seringkali menemui tantangan dengan masih terdapatnya ketegangan yang disebabkan sejak masa Perang Dunia II. Kedua negara sama-sama menonjol dalam produk budaya populernya, termasuk dalam hal industri hiburan. Dengan semakin terlibatnya aktor-aktor non-negara dalam Hubungan Internasional, para aktor dalam industri hiburan Jepang dan Korea Selatan mendapatkan peran tersendiri sebagai pelaku diplomasi publik yang bertujuan untuk mengubah perspektif publik dari masyarakat yang menjadi negara tujuannya. Penelitian ini menyimpulkan bahwa ketenaran industri hiburan kedua negara berhasil memunculkan kelompok-kelompok penggemar yang memiliki pandangan positif terhadap masing-masing negara …

Terrorism In The Middle East: Implications On Egyptian Travel And Tourism, Tamer Z.F Mohamed, Tamer S. Elseyoufi

International Journal of Religious Tourism and Pilgrimage

This paper attempts to shed the light on challenging issues affecting travel and tourism industry especially in the Middle East such as political, socio-economic and security instability. Due to its geopolitical and historical importance, the paper focuses on the situation in Egypt as a descriptive case study. The methodology relies on historical review and impact assessment to understand the roots and extended branches of instability in the Middle East that led to the Arab Spring, by focusing on the Egyptian case in the last half century. The assessment explains the negative effect of Western and Egyptian policy on extending the …

Brackeen V. Zinke, Bradley E. Tinker

Public Land & Resources Law Review

In 1978, Congress enacted the Indian Child Welfare Act to counter practices of removing Indian children from their homes, and to ensure the continued existence of Indian tribes through their children. The law created a framework establishing how Indian children are adopted as a way to protect those children and their relationship with their tribe. ICWA also established federal standards for Indian children being placed into non-Indian adoptive homes. Brackeen v. Zinke made an important distinction for the placement preferences of the Indian children adopted by non-Indian plaintiffs; rather than viewing the placement preferences in ICWA as based upon Indians’ …

Tall Tales Of Danger And Security: How A Critical Human Security Approach Can Address Major Contradictions Revealed Through A Critical Narrative Analysis Of Dominant U.S. Security Strategies, Stephen Schneider

Master's Theses

Over many generations, humans have developed many perspectives and practices regarding the best ways to recognize and address what they perceive to be dangerous. Stories are used to help shape and narrate perceptions about the world, and they serve to pass on vital information that impacts how a society responds to threats and vulnerabilities. These narratives of danger and security are subjective to the experiences and political intentions of society, and therefore in many ways are partial and biased in their assessments and policies. This results in flawed security practices that may actually exacerbate threats or create new insecurities. What …

Microplastics In Full View: Birds As Bioindicators Of Malta's Coastal Ecosystem Health, Dalton Brauer

Masters Theses, 2010-2019

Plastic pollution has recently become a widely studied topic, yet research on microplastics has remained lacking for specific geographic regions. Microplastics are small plastics resulting from degradation or the dumping of raw material and can lead to deleterious impacts on the coastal marine environment and its organisms. To assess Malta’s coastal environmental health, water birds (inshore, offshore and pelagic species) were used as bioindicators by assessing the presence and abundance of plastic within their stomach contents. The project hoped to fill some of the current gaps in knowledge on microplastics within Malta by creating a working baseline, as well as …

Ten Years Of Economic Analyses For The European Marine Strategy Framework Directive: Overview Of Experiences And Lessons Learned, Rob Van Der Veeren, Ann Kathrin Buchs, Günter Hörmandinger, Soile Oinonen, Conceição Santos, Max Vretborn

Journal of Ocean and Coastal Economics

The European Marine Strategy Framework Directive, which came into force in 2008, requires from Member States inter alia to perform various (types of) economic analyses. In order to help Member States to implement this directive, the European working group on Economic and Social Analysis was initiated in 2009. This working group has developed various guidance documents which have been very useful in helping each other to understand the Directive and its requirements, to develop one language, to understand the pros and cons of various approaches, and to share experiences. However, up until now, outside of this working group this information …

Officer Use Of Force: A Multicase Study Of Institutional Betrayal, Margarita Mcauliffe

Theses & Dissertations

Law enforcement officers in the United States are authorized to utilize force (Alpert & MacDonald, 2001); however, the use of force can cause physical and emotional trauma to the person against whom it is used, and to the person’s loved ones (WHO, 2002; Bloom, 2012; APA, 2013). The needs and rights of traumatized individuals must be addressed for healing to occur (U.S. DOJ, 2013). It was not known if the needs and rights of the survivors of officer use of force were being met. Filling a gap in the literature, this exploratory multicase study investigated 5 use-of-force incidents with demographically …

Prophylactic Merger Policy, Herbert J. Hovenkamp

All Faculty Scholarship

An important purpose of the antitrust merger law is to arrest certain anticompetitive practices or outcomes in their “incipiency.” Many Clayton Act decisions involving both mergers and other practices had recognized the idea as early as the 1920s. In Brown Shoe the Supreme Court doubled down on the idea, attributing to Congress a concern about a “rising tide of economic concentration” that must be halted “at its outset and before it gathered momentum.” The Supreme Court did not explain why an incipiency test was needed to address this particular problem. Once structural thresholds for identifying problematic mergers are identified there …

Class Actions, Statutes Of Limitations And Repose, And Federal Common Law, Stephen B. Burbank, Tobias Barrington Wolff

All Faculty Scholarship

After more than three decades during which it gave the issue scant attention, the Supreme Court has again made the American Pipe doctrine an active part of its docket. American Pipe addresses the tolling of statutes of limitations in federal class action litigation. When plaintiffs file a putative class action in federal court and class certification is denied, absent members of the putative class may wish to pursue their claims in some kind of further proceeding. If the statute of limitations would otherwise have expired while the class certification issue was being resolved, these claimants may need the benefit of …

The Relevance Of Fatf's Recommendations And Fourth Round Of Mutual Evaluations To The Legal Profession, Laurel S. Terry, Llerena Robles, Jose Carlos

Faculty Scholarly Works

More than two hundred countriesin the world have agreed to abide by the anti-money laundering ("AML") recommendations developed by the Financial Action Task Force ("FATF"), which is an intergovernmental organization. This Article focuses on the potential impact on the legal profession of FATF's fourth round of mutual evaluations. During these mutual evaluations, which currently are underway, FATF-affiliated countries examine each other's compliance with the FATF Recommendations and recommend follow-up action. This Article first presents the legal profession-related results from the completed Mutual Evaluation Reports. A number of these FATF Reports recommend changes that include requiring lawyers to report suspicious client …

Multidimensionality: Rethinking Power Projection For The 21st Century, David J. Katz

The US Army War College Quarterly: Parameters

No abstract provided.

Quest For Relevance: Whither The Asean Charter In Shaping A Shared Regional Identity And Values, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

Promulgated in 2007, the Charter of the Association of Southeast Asian Nations (ASEAN) reaffirms ASEAN’s longstanding policy of non-interference in member-states’ internal affairs and the retention of consultation and consensus as fundamental tenets of decision-making in ASEAN. This essay considers the role of soft law in the interpretation and development of the ASEAN Charter. It also considers whether the Charter will help ASEAN achieve integration as well as promote democracy, human rights and development in an immensely diverse region comprising half a billion people. The essay argues that although the Charter is a binding legal instrument, the text enables a …

From The Editor, Antulio J. Echevarria Ii

The US Army War College Quarterly: Parameters

No abstract provided.

Civil-Military Relations And Today's Policy Environment, Thomas N. Garner

The US Army War College Quarterly: Parameters

No abstract provided.

Social Media Warriors: Leveraging A New Battlespace, Buddhika B. Jayamaha, Jahara Matisek

The US Army War College Quarterly: Parameters

No abstract provided.

High-Energy Laser Weapons: Overpromising Readiness, Ash Rossiter

The US Army War College Quarterly: Parameters

No abstract provided.

Lieutenant Colonel Donn A. Starry, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

The Torch (December 2018), Crtp

Torch: The Civil Rights Team Project Newsletter

Description

Civic and Community Engagement | Civil Rights and Discrimination | Education | Gender and Sexuality | Inequality and Stratification | Politics and Social Change | Public Policy | Race and Ethnicity

Recommended Citation

Baldwin, Brandon and Civil Rights Team Project, "Torch (August 2013)" (2013). Torch: The Civil Rights Team Project Newsletter. 58. http://digitalcommons.usm.maine.edu/torch/58

Preserving Life By Ranking Rights, John William Draper

Librarian Scholarship at Penn Law

Border walls, abortion, and the death penalty are the current battlegrounds of the right to life. We will visit each topic and more in this paper, as we consider ranking groups of constitutional rights.

The enumerated rights of the Due Process Clauses of the Fifth and Fourteenth Amendments—life, liberty, and property—merit special treatment. They have a deeper and richer history that involves ranking. Ranking life in lexical priority over liberty and property rights protects life first and maximizes safe liberty and property rights in the absence of a significant risk to life. This is not new law; aspects of it …

The Duty To Prevent Genocide Under International Law: Naming And Shaming As A Measure Of Prevention, Björn Schiffbauer

Genocide Studies and Prevention: An International Journal

In contrast to prosecuting and punishing committed acts of genocide, the Genocide Convention is silent as to means of preventing future acts. Today it is generally accepted that the duty to prevent is legally binding, but there is still uncertainty in international law about its specific content. This article seeks to fill this gap in the light of the object and purpose of the Genocide Convention. It provides a minimum requirement approach, i.e. indispensable State actions to comply with their duty to prevent: naming and shaming situations of genocide as what they are. Even situations from times before the Genocide …

New Documents Shed Light: Why Did Peacekeepers Withdraw During Rwanda’S 1994 Genocide?, Emily A. Willard

Genocide Studies and Prevention: An International Journal

Why did the international community decide to withdraw United Nations peacekeeping troops from Rwanda during the 1994 genocide? Analysis of newly released documents and results from an international conference with former U.N. and government officials sheds further light on our understanding of what took place leading up to and during the Rwandan genocide. This article focuses on two key moments: 1) the United States’ reluctance to support the peacekeeping mission from before its mandate began and prior to the killing of U.S. troops in Somalia in autumn 1993; and the United States’ central role pushing the United Nations Security Council …

Book Reviews, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

Innovation Tradecraft: Sustaining Technological Advantage In The Future Army, Adam J. Harrison, Bharat Rao, Bala Mulloth

The US Army War College Quarterly: Parameters

No abstract provided.

Form Based Codes And Economic Impacts: A Multivariate Regression Analysis And Case Study, Jacob M. Howard

Master's Theses

After a 100-year history, traditional zoning practices are being challenged as a contributing factor in a number of social, heath and economic problems facing cities in the United States. In this context, form based codes have emerged as a possible alternative way for cities to guide development. Growing out of the New Urbanist movement, form based codes frequently mix uses, allow for a greater variety of housing types and encourage development that is both denser and more compact. Despite an established literature which links land-use regulations, and zoning in particular, to fiscal outcomes, the impacts that form based codes have …

Hospital Mergers And Public Accountability: Tennessee And Virginia Employ A Certificate Of Public Advantage, Erin C. Fuse Brown

Erin C. Fuse Brown

No abstract provided.

Falling Between The Cracks: Understanding Why States Fail In Protecting Our Children From Crime, Michal Gilad

All Faculty Scholarship

The article is the first to take an inclusive look at the monumental problem of crime exposure during childhood, which is estimated to be one of the most damaging and costly public health and public safety problem in our society today. It takes-on the challenging task of ‘naming’ the problem by coining the term Comprehensive Childhood Crime Impact or in short the Triple-C Impact. Informed by scientific findings, the term embodies the full effect of direct and indirect crime exposure on children due to their unique developmental characteristics, and the spillover effect the problem has on our society as …