Law Commons^™

Policing And Challenges Throughout The Covid-19 Pandemic, Fatos Haziri

UBT International Conference

In this paper I aim to examine some new roles and practices that the police should have during the COVID 19 pandemic crisis, some of the challenges that this situation creates; new policing approach to developing a two-dimensional police response, both in carrying out traditional legal missions and responsibilities, as well as in its new role in the complex context created by the COVID-19 pandemic crisis, to operate and to serve their community as the broadest function of public safety. Police today is facing a new challenge, that of policing the Covid-19 Pandemic. Traditional police practices in the pandemic situation …

The Style Of Translation In George Orwell’S Masterpiece “1984” Between English Sl And Albanian Tl Language, Redi Papa

UBT International Conference

The main purpose of this paper is to provide an all-embracing approach with respect to the style and method of translation between English and Albanian versions of George Orwell’s masterpiece “1984”. Among others, it is worth pointing out that the underlying peculiarity of translating literary or so-called non-fiction texts is that of explaining the cultural context, translator foreword may be at a high degree permissible. Consequently it leads to a close relation author-translator-reader relationship. The style is of “1984”, is at a large extent an emotional one. The style primarily reflects on the gist of this masterpiece and strives to …

9th International Conference On Business, Technology And Innovation 2020, University For Business And Technology - Ubt

UBT International Conference

Welcome to IC – UBT 2020

UBT Annual International Conference is the 9th international interdisciplinary peer reviewed conference which publishes works of the scientists as well as practitioners in the area where UBT is active in Education, Research and Development. The UBT aims to implement an integrated strategy to establish itself as an internationally competitive, research-intensive university, committed to the transfer of knowledge and the provision of a world-class education to the most talented students from all background. The main perspective of the conference is to connect the scientists and practitioners from different disciplines in the same place and make …

Good Governance Paper No. 17: How To Use The Bureaucracy To Govern Well, Rebecca Ingber

Online Publications

In every new presidential administration, the President and political appointees come to power with strong views about the policies they wish to enact and the substantive breaks they wish to make with the administration that came before – including views on where the U.S. government should change legal positions on key issues. But views on substantive positions alone are not enough preparation for a new administration seeking to impose its values on the government. And policy preparation on substance is especially insufficient when an incoming administration’s values include norms of process – such as adherence to the rule of law, …

Ocean Law In Times Of Health Emergency: Deep Seabed Mining Contributions And Its Fear Of Overexploitation, Laisa Branco De Almeida

Indonesian Journal of International Law

The deep seabed has one of the most enriched biodiverse places on Earth. Scientists have found some essential biomedical breakthroughs derived from hydrothermal vents involved in treating disease outbreaks among seabed minerals. Futuristic as it may sound, new pharmaceutical discoveries pressure the International Seabed Authority (ISA) into strengthening its global rules on mining exploitation beyond areas of national jurisdiction (ABNJ). This paper presents a general evaluation of the existing legal system of deep seabed mining. It highlights that, increasingly, pharmaceutical companies are shifting to ABNJ seabed areas for exploitation, pressuring the international order for a more coherent and effective mining …

Consistency And Predictability In International Tribunals Decision On Maritime Delimitation Cases From 2009 To 2019, Faudzan Farhana

Indonesian Journal of International Law

The rules of maritime delimitation are of paramount importance in the law of the sea because coastal states will not be able to effectively exercise their legal uses of the sea without definite boundary. However, as customary law, Articles 15, 74 and 83 of UNCLOS did not provide much guidance in any particular delimitation case. Meanwhile, concluded bilateral agreements had not created enough practice of law to qualify as customary law. Thus, it is left to the international tribunals to form the delimitation rules. However, cases decided by the international tribunals show a lack of consistency in applying two main …

Undelimited Maritime Areas: Obligations Of States Under Article 74(3) And 83(3) Of Unclos, Salawati Mat Basir, Saidatul Nadia Abd Aziz

Indonesian Journal of International Law

The delimitation of maritime areas between neighbors is of vital importance as it provides stable and long-lasting relations. Maritime boundary delimitation has been enriching the international law with a new chapter that has developed steadily in proportion with the related challenges and expectations. However, many maritime boundaries in the world are not delimited. This implies that disputes relating to maritime delimitation have many issues in future. In this case, State shall have to negotiate among them or to use dispute resolution mechanism. Under Article 74 and Article 83 of the United Nations Convention on the Law of the Sea (UNCLOS) …

Comparative Law Enforcement Model At Sea: Lesson Learned For Indonesia, Yetty Komalasari Dewi, Arie Afriansyah, Aristyo Rizka Darmawan

Indonesian Journal of International Law

Illegal, Unregulated, and Unreported Fishing (IUU Fishing) has grown significantly in the last few decades. This practice certainly has and will undermine global fisheries resources even further. As a result, the international community needs to establish measures to prevent the IUUF through international agreements. Presently, the international communities have formed various organizations, both regional and international (regional fisheries management organizations or RFMO), which shows its attention to the need for sustainable fisheries resources management and to prevent any illegal IUU fishing activity. Therefore, every country is currently seeking the law enforcement model to secure its maritime jurisdictions from any IUUF …

The Operation Of Unmanned Vessel In Light Of Article 94 Of The Law Of The Sea Convention: Seamanning Requirement, Jeremia Humolong Prasetya

Indonesian Journal of International Law

Rapid technological changes in the shipping industry offer advantages and present serious challenges to maritime security and safety. This is how we should respond to the emerging development of unmanned vessels, all the more so because the existing international legal framework was not developed to accommodate their operation at sea. Similarly, the International Maritime Organization has taken this seriously by forming groups to assess such operations’ compatibility with existing maritime conventions. One of the biggest challenges that unmanned vessels pose to the international legal framework concerns the sea manning requirement. This requirement is explicitly stipulated in the Law of the …

The Necessity To Reform Indonesian Legal Framework On Provisional Arrangement To Combat Iuu Fishing, Yunus Husein, Muhammad Faiz Aziz

Indonesian Journal of International Law

Indonesia has not yet concluded its maritime boundaries with neighbouring countries. Incidents often occur including Illegal Unreported and Unregulated Fishing (IUU) Fishing conducted by fishers from neighboring countries. In fact, their actions are sometimes backed by their /coast guard. Maritime delimitation is the final goal that must be achieved to provide legal certainty over the territory and Exclusive Economic Zone of Indonesia and its neighbours. However, achieving that goal is never been easy. Article 74(3) of the United Nations Convention on the Law of the Sea (UNCLOS) 1982 determines joint or provisional arrangements between disputing countries as temporary solution before …

International Conference On Law, University For Business And Technology - Ubt

UBT International Conference

UBT Annual International Conference is the 9th international interdisciplinary peer reviewed conference which publishes works of the scientists as well as practitioners in the area where UBT is active in Education, Research and Development. The UBT aims to implement an integrated strategy to establish itself as an internationally competitive, research-intensive university, committed to the transfer of knowledge and the provision of a world-class education to the most talented students from all background. The main perspective of the conference is to connect the scientists and practitioners from different disciplines in the same place and make them be aware of the recent …

Amicus Brief In Collins V. Mnuchin On Original Public Meaning Of Presidential Removal And The 'Decision Of 1789', Jed Handelsman Shugerman

Faculty Scholarship

Petitioners and the en banc Court of Appeals below have rested their contention that the Constitution grants the President at-will removal authority over the head of the Federal Housing Finance Agency (FHFA) on historical claims about the first Congress’s ostensible “Decision of 1789.” In so doing, Petitioners are following Chief Justice Taft’s account in Myers v. United States, upon which this Court relied on in 2010 and again last term for an originalist interpretation of Article II. New historical research shows that Myers was incorrect. The “Decision of 1789” actually supports, rather than undermines, Congress’s power to limit presidential removal. …

"All (Poor) Lives Matter": How Class-Not-Race Logic Reinscribes Race And Class Privilege, Jonathan Feingold

Faculty Scholarship

In An Intersectional Critique of Tiers of Scrutiny, Professors Devon Carbado and Kimberlé Crenshaw infuse affirmative action with an overdue dose of intersectionality theory. Their intervention, which highlights the disfavored remedial status of Black women, exposes equality law as an unmarked intersectional project that “privileges the intersectional identities of white antidiscrimination claimants.”

This latent racial privilege rests on two doctrinal pillars. First, single-axis tiers of scrutiny, which force claimants and courts to view discrimination in either/or terms (that is, race-based or gender-based or class-based), contravene intersectionality’s core insight that “people live their lives co-constitutively as ‘both/and,’ rather than fragmentarily …

Cardozo Law News Brief: October 30, 2020, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2020

Featured Faculty:

• Kate Shaw
• Michael Herz
• Deborah Pearlstein
• Samuel Weinstein
• Kate Levine
• Kyron Huigens
• Edward Zelinsky
• Jocelyn Getgen Kestenbaum
• Kathryn Miller

Events:

• Student Services Coffee Chat - Class of 2021
• Immigration Career Panel with FIRE
• Cardozo Journal of Equal Rights and Social Justice Presents: Changing the Way We See Modern Policing: Reform or Abolition?
• Law Review Bauer Lecture

Strategic Jubilee Holdings Order On Plaintiffs’ Motion For Partial Summary Judgment, Kelly Lee Ellerbee

Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions

No abstract provided.

Sysco Corp. And American Zurich Insurance Company, Appellant/Respondents V. Labor Commission And Paul Roberts, Appellee/Petitioner : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

BRIEF OF RESPONDENTS SYSCO CORP., AMERICAN ZURICH INSURANCE COMPANY, and NEW HAMPSHIRE INSURANCE COMPANY

Brian Kelm Attorney for Petitioner Christopher C. Hill, General Counsel Counsel for Labor Commision

Brad J. Miller Attorney for Respondents Pollart Miller LLC

Managing Your Finances During Tough Times With Cindy Zuniga '15, Black, Asian & Latino Law Students Association (Ballsa), Cardozo Office Of Diversity & Inclusion, Recent Alumni Leadership Council (Ralc)

2020 Event Invitations

No abstract provided.

Sara Ward, Appellant V. Meredith Mcgarry, Appellee : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Third Judicial District Court, Salt Lake County, Commissioner Joana Sagers and Judge Richard McKelvie, District Court No. 134901200

Angilee K. Dakic (12722), Pearson Butler, LLC, Attorney for Appellant

Martin N. Olsen, Olsen & Olsen, LLC, Attorney for Appellee

Sara Ward, Appellant V. Meredith Mcgarry, Appellee : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Third Judicial District Court, Salt Lake County, Commissioner Joana Sagers and Judge Richard McKelvie, District Court No.134901200

Angilee K. Dakic, Attorney for Appellant

Martin N. Olsen, Attorney for Appellee

The Brief (Edition #2, October 2020), William & Mary Law School

The Brief

No abstract provided.

Brief Of Victims Of The Hungarian Holocaust Amici Curiae In Support Of Respondents, Richard H. Weisberg

Amicus Briefs

This amicus curiae brief was submitted on behalf of victims of the Hungarian Holocaust in support of petitioners in case No. 18-1447 before the United States Supreme Court. The brief addresses questions of international law, sovereign immunity, and the rights of Holocaust survivors seeking restitution and legal accountability. It provides historical context and legal arguments relevant to holding foreign states accountable for atrocities committed during World War II.

Oddpub – A Text-Mining Algorithm To Detect Data Sharing In Biomedical Publications, Nico Riedel, Miriam Kip, Evgeny Bobrov

Copyright, Fair Use, Scholarly Communication, etc.

Open research data are increasingly recognized as a quality indicator and an important resource to increase transparency, robustness and collaboration in science. However, no standardized way of reporting Open Data in publications exists, making it difficult to find shared datasets and assess the prevalence of Open Data in an automated fashion.

We developed ODDPub (Open Data Detection in Publications), a text-mining algorithm that screens biomedical publications and detects cases of Open Data. Using English-language original research publications from a single biomedical research institution (n = 8689) and randomly selected from PubMed (n = 1500) we iteratively developed a …

Long Arm Of The Law - 2019: Same Old, Same Old, William M. Hannay Iii

Charleston Library Conference

A brief review of recent intellectual property cases of interest to librarians.

The Transition Is Already Happening (And It’S Going Fine So Far), Michael Herz, Katherine A. Shaw

Online Publications

Even if Trump were resolved to thwart a smooth transition, much of the process lies entirely outside his control.

Sometime in early to mid-November, if October polling holds and the infrastructure of our democracy basically functions, Joe Biden is likely to be declared the winner of the 2020 presidential election. At that point, he will have just more than two months to prepare to take over the leadership of a country still in the grips of a once-in-a-century pandemic, with more than 12 million Americans unemployed, tens of millions of children out of school, and COVID-19 deaths barreling toward 300,000. …

State Of Utah, Plaintiff/ Appellee V. Jason Ronald Hulse, Defendant / Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

APPEAL FROM THE FIRST DISTRICT COURT, BOX ELDER COUNTY, STATE OF UTAH, FROM THE JUDGMENT, SENTENCE, AND COMMITMENT ON ONE COUNT OF POSSESSION OF A FIREARM BY A RESTRICTED PERSON, A SECOND-DEGREE FELONY, AND ONE COUNT OF INJURIOUS LITTERING ON PUBLIC OR PRIVATE LANDS, A CLASS C MISDEMEANOR, ENTERED ON JANUARY 7, 2020, BEFORE THE HONORABLE JUDGE BRANDON J. MAYNARD

SEAN REYES, Utah Attorney General, Appeals Division, Counsel for Appellee

LEAH J. ASTON (15989), Counsel for Appellant

State Of Utah, Plaintiff/ Appellee V. Jason Ronald Hulse, Defendant / Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

APPEAL FROM THE FIRST DISTRICT COURT, BOX ELDER COUNTY, STATE OF UTAH, FROM THE JUDGMENT, SENTENCE, AND COMMITMENT ON ONE COUNT OF POSSESSION OF A FIREARM BY A RESTRICTED PERSON, A SECOND-DEGREE FELONY, ANDONE COUNT OF INJURIOUS LITTERING ON PUBLIC OR PRIVATE LANDS, A CLASS C MISDEMEANOR, ENTERED ON JANUARY 7, 2020, BEFORE THE HONORABLE JUDGE BRANDON J. MAYNARD

SEAN REYES, Counsel for Appellee

LEAH J. ASTON, Counsel for Appellant

Table Of Contents, Antonio Medina-Rivera, Lee F. Wilberschied Ph.D.

Cultural Encounters, Conflicts, and Resolutions

No abstract provided.

October 27, 2020: Will The Supreme Court Survive This Treachery?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Will the Supreme Court Survive This Treachery?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

The Influence Of Active Shooter Incidents In K-12: Principals Perceptions Of Armed Personnel And Tactical Police Capabilities In New Jersey District Factor Group (I) Public School Districts, Adela Ames-Lopez

Seton Hall University Dissertations and Theses (ETDs)

In the wake of increased shootings in schools, safety concerns are in the forefront of school administrators’ concerns. This study is a replication of a dissertation published in 2016 as well as some components of a research study published in 2014. The 2014 study examined elementary principals in an urban public-school district in Paterson, New Jersey, within District Factor Group (A), whereas the 2016 study examined suburban public-school districts in New Jersey’s District Factor Group (GH) with a median household salary ranging between $86,000 and $105,000. An interview study was utilized for this qualitative research design to assist in determining …

Towards Increasing Trust In Expert Evidence Derived From Malware Forensic Tools, Ian M. Kennedy, Blaine Price, Arosha Bandara

Journal of Digital Forensics, Security and Law

Following a series of high profile miscarriages of justice in the UK linked to questionable expert evidence, the post of the Forensic Science Regulator was created in 2008. The main objective of this role is to improve the standard of practitioner competences and forensic procedures. One of the key strategies deployed to achieve this is the push to incorporate a greater level of scientific conduct in the various fields of forensic practice. Currently there is no statutory requirement for practitioners to become accredited to continue working with the Criminal Justice System of England and Wales. However, the Forensic Science Regulator …