Law Commons^™

Supporting Indigenous And Non-Indigenous Research Partnerships, Rosalind Edwards, Helen Moewaka Barnes, Deborah Mcgregor, Tula Brannelly

Articles & Book Chapters

This commentary discusses the framing of the production of a series of online text-based and visual resources aimed at researchers embarking on Indigenous and non-Indigenous research partnerships, and in particular supporting non-Indigenous researchers to think about our/their methods, assumptions and behaviour. We identify the tension in mainstream funding for such partnerships, and discuss the implications of Northern epistemological claims to agendas and universality as against Southern epistemologies acknowledging diversity and challenging oppressions. We note the distinct bases for Indigenous methodologies. Our commentary outlines and illustrates the online downloadable resources produced by our own Indigenous and non-Indigenous research partnership, including a …

Seventeen Pieces: Displacement, Misplacement, And Conservation, Yasmin Merali, Kevork Mourad, Manas Ghanem

New England Journal of Public Policy

This article explores the systemic importance of art in the conservation of images, historical reference, and cultural meaning as displaced victims of humanitarian crises make the transition from the land of their birth to a new country with a different history and cultural landscape. In presenting the work of Kevork Mourad, an artist of Armenian descent displaced from Syria, we show the essential, layered interplay of visceral, lived individual experiences and the historic collective memory of real and imagined pasts that survive the destruction of physical artifacts.

Understanding Myanmar’S Buddhist Extremists: Some Preliminary Musings, Kumar Ramakrishna

New England Journal of Public Policy

This article examines Buddhist extremism in Myanmar. It argues that Buddhist extremism—like other types of religious extremism—is an acute form of fundamentalism. The article begins with a survey of how extremism is usually understood in the theoretical literature, showing that its religious variant is best conceived of as an acute form of fundamentalism. It then fine tunes this understanding, arguing that religious extremism is a fundamentalist belief system that justifies structural violence against relevant out-groups. The article outlines seven core characteristics of the religious extremist culled from the various theoretical approaches to extremism. It employs these seven characteristics to examine …

The Care Principles For Indigenous Data Governance, Stephanie Russo Carroll, Ibrahim Garba, Oscar L. Figueroa-Rodríguez, Jarita Holbrook, Raymond Lovett, Simeon Materechera, Mark Parsons, Kay Raseroka, Desi Rodriguez-Lonebear, Robyn Rowe, Rodrigo Sara, Jennifer D. Walker, Jane Anderson, Maui Hudson

Copyright, Fair Use, Scholarly Communication, etc.

Concerns about secondary use of data and limited opportunities for benefit-sharing have focused attention on the tension that Indigenous communities feel between (1) protecting Indigenous rights and interests in Indigenous data (including traditional knowledges) and (2) supporting open data, machine learning, broad data sharing, and big data initiatives. The International Indigenous Data Sovereignty Interest Group (within the Research Data Alliance) is a network of nation-state based Indigenous data sovereignty networks and individuals that developed the ‘CARE Principles for Indigenous Data Governance’ (Collective Benefit, Authority to Control, Responsibility, and Ethics) in consultation with Indigenous Peoples, scholars, non-profit organizations, and governments. The …

Divorce Muta’A Between Fiqh (Islamic Jurisprudence) And The Personal Status Laws (Presentation And Criticism), Abed Alhameed Kurdi Banyfadel

Journal of the Arab American University مجلة الجامعة العربية الامريكية للبحوث

The aim of this research is to clarify a fact stated in The Holy Qura'an. This fact is mainly about a right for people. Allah wisely mentioned several times in The Holy Qura'an that the divorcee must be awarded Muta'a (the amount of money that the man gives to the woman when the divorce occurs). However, some family laws did not address this right. Furthermore, people's rights which have been stated by Allah in the Holy Qura'an cannot be a subject to opinions. As it is widely known, no opinion can be accepted when there is a provision. In addition, …

Work Injury Insurance In The Palestinian Labor Law, Ahmad Abu Zeineh

Journal of the Arab American University مجلة الجامعة العربية الامريكية للبحوث

The focal point of this research paper is work injury insurance in accordance with the Palestinian Labor Law no. 7 of 2000. In fact, this law guarantees the rights of the injured employees to claim monetary compensations. The said law obligates the employers to seek insurance contracts for their employees in one of the insurance companies working in Palestine. Accordingly, this provision decrees an important guarantee for the injured employee during the period of work. Further, the said law has imposed penalties on the employer who fails to fulfill this requirement without giving much detail on the consequences of this …

Verification And Explanation Of The Prophetic Traditions (Hadiths) Of Kindness To Animals, Helmi Abed El- Hadi

Journal of the Arab American University مجلة الجامعة العربية الامريكية للبحوث

This research includes a collection of Hadiths (prophetic traditions) mentioned by Prophet Mohammad (Peace and blessings of Allah be upon him), in which he urged Muslims to deal kindly with the animals when Muslims use these animals for all purposes like riding, loading milking and even slaughtering them.

The researcher has also verified the authenticity, judged and explained all of these respective Hadiths in a wise way to show the greatness of Islam in dealing with animals; he was neither lengthy nor short. In fact, the greatness of Islam is clearly shown in dignifying these animals which, in turn, entails …

The Contemporary Position Of Public International Law From The Right To Privacy In The Digital Age, Rezeq Salmoudi

Journal of the Arab American University مجلة الجامعة العربية الامريكية للبحوث

The right to privacy is one of the pivotal rights rooted in the history of human beings. Almost all legal systems have always regarded this right as being sacred and should never be violated. Paradoxically, as life goes on, the threat to this right is growing rapidly, which constitutes a challenge to human rights' defenders and activists. This challenge is mainly triggered by the ever-advancing revolution of technology, which enables, inter alia, the State, more than ever before, to interfere with one's private life, This, in turn, endangers the societal value of privacy. However, the cyber surveillance programs have proved …

Social Networks And The Political Participation Of Moroccan Youths In The 2015 Communal And Regional Elections., Redwan Qutbi

Journal of the Arab American University مجلة الجامعة العربية الامريكية للبحوث

This study aimed at identifying the use of social networking among university youths and its relation to the political participation in the regional and communal elections held in Morocco in September in 2015. The researcher used the descriptive approach and relied on the questionnaire as an instrument for data collection. The sample of the study, made up of 400 elements, was randomly chosen. The findings showed that the youth’s use of social networking focused mainly on the events of the 2015 Moroccan communal and regional elections. The findings also showed that political gratification and monitoring of the electoral process and …

Protection Of Natural Resources In International Law: Case Study Of Palestine, Ahmed Said Elagha

Journal of the Arab American University مجلة الجامعة العربية الامريكية للبحوث

This paper addresses the issue of protection of wealth and natural resources of nations on the grounds that such protection is still experiencing many contradictions in theory and practice. Although the international community through many of its organizations, particularly the United Nations, has issued several resolutions which confirm the right of peoples to self-determination and their right to have complete control over their wealth and natural resources, the main dilemma lies in two directions. Firstly, the weakness of the texts of such international resolutions and implementation mechanism. Secondly, the policies of the great powers in their relentless attempts to circumvent …

Parties’ Choice Of The “Rules Of Law” To Govern International Commercial Contract Before National Courts, Amin Dawwas

Journal of the Arab American University مجلة الجامعة العربية الامريكية للبحوث

According to the conflict-of-laws rule in many Arab countries, the international commercial contract is subject to the law chosen by the parties. According to the prevailing opinion in judiciary and doctrine, the law chosen by the parties to govern the contract should be a law of a particular State. If the parties chose "rules of law", such a choice will generally not be recognized as the law governing the contract. Rather, courts would consider such a choice as an incorporation of the rules of law into the contract, provided that such chosen rules of law shall not contradict the mandatory …

Violence Against Woman With Motor And Sensory Disability In The Jordanian Society (Quantitative Field Study), Hadeel Abu Hayyana

Journal of the Arab American University مجلة الجامعة العربية الامريكية للبحوث

This study aims at investigating the reality of violence against women with disabilities in its different types and forms (family violence, societal violence, self-violence), as well as the psychological and social effects of that violence, in addition to the responses of women with disabilities to the violence practiced against them.

In order to achieve the study goals, the researcher adopted the quantitative research method, which was applied to a sample of women consisting of (102) women with motor and sensory disability, who benefit from the services of societies and centers specialized in their disabilities, in the city of Amman by …

The United Nations' Convention Against Corruption In The Palestinian Legislation, Saeed Abufara

Journal of the Arab American University مجلة الجامعة العربية الامريكية للبحوث

The corruption phenomenon is one of the oldest negative phenomena that has been closely related to the human society. Starting from the first human societies to the emergence of the modern political systems, the interpretation of the corruption phenomenon has varied in terms of countries' and people's cultures and values, as well as their political, economical, and social views. Corruption, in all its forms, represents an essential aspect in the international community and constitutes one of the most important obstacles, which impedes the growth and development of societies. Consequently, the international community has diligently sought for a global convention to …

Optimal Sludge? The Price Of Program Integrity, Cass R. Sunstein, Julien L. Gosset

Duke Law Journal Online

Public officials often impose eligibility requirements for government programs that have two effects: (1) They screen out ineligible people and (2) they screen out eligible people. Consisting of paperwork requirements, interviews, waiting periods, and administrative burdens, such requirements are sometimes characterized as “sludge,” and for some eligible people, they might prove overwhelming or prohibitive. In these circumstances, there is a pervasive normative issue: What is the optimal tradeoff between the screening out of ineligible people and the screening out of eligible people? It is plausible to think that a great deal depends on numbers. If, for example, the number of …

Poll Watching: You And What Army? An Analysis Of Voter Intimidation Concerns In The 2020 Presidential Election, Emma Lapp

SLU Law Journal Online

In light of President Donald Trump's recent calls for his supporters to monitor polling places, Emily Lapp discusses the differences between lawful poll watching and voter intimidation.

Defending Government Tort Litigation: Considerations For Scholars, Paul F. Figley

Scholarly Articles in Law Reviews & Journals

I am honored by the invitation to participate in this symposium on “What Practitioners Can Teach Academics About Tort Litigation” and to share my views from the defense side of government tort litigation. I have a foot in each camp of the practitioner/academic divide. For three decades I defended the federal government in Federal Tort Claims Act (FTCA) litigation, serving for the last 15 of those years as Deputy Director of the FTCA Staff in the Civil Division of the U.S. Department of Justice. I worked with the FTCA and its jurisprudence on a daily basis—litigating cases, assessing and negotiating …

Perceived Benefits And Barriers To Participation In Exercise Among Jordanian University Students, Khaldoun Hamdan

Al-Balqa Journal for Research and Studies البلقاء للبحوث والدراسات

Insufficient physical activity is a risk factor for many non-communicable diseases, therefore; the purpose of this study is to examine university students’ perceived exercise benefits and barriers. This cross-sectional descriptive study used Exercise Benefits/Barriers Scale to examine perceived benefits and barriers to exercise among a convenience sample of 517 university students in Jordan. Participants reported significantly higher perceived barriers to exercise than perceived benefits from exercise. The most important perceived barrier to exercise was “I am too embarrassed to exercise”. Moreover, “I will live longer if I exercise” and “exercising increases being accepted by others” were the most important perceived …

Project Management: A Help Or Hindrance A Collaborative Research, Ayman Abu-Rumman

Al-Balqa Journal for Research and Studies البلقاء للبحوث والدراسات

This small-scale mixed method study explored perceptions of how different project management approaches and tools are used by those working in industry and within academia, and how this may impact on collaborative research projects given their distinct and unique nature. The study also aimed to generate suggestions for how collaboration between industry and academia could be strengthened in the future. Underpinned by a phenomenological perspective, a survey and interviews were conducted with a sample of Jordanian professionals from different industry and academic organisations who had previous experience of working on collaborative research projects. The study identified, consistent with other studies, …

Build A Job Satisfaction Scale From The Views Of Aau Academic Staff In According With The Item Response Theory, Mohammed Marshoud

Al-Balqa Journal for Research and Studies البلقاء للبحوث والدراسات

The study aimed to build a job satisfaction scale from the views of AAU academic staff in according with the item response theory, where the population study consisted of all academic members at Al-Ahliyya Amman University (AAU) for the year (2018/2017), and they approximately reach (257) academic members, the sample consisted of (154) academic members, which constituted 60 of the original study population, (92) males and (62) females who were randomly selected. The study tool was designed and built based on theoretical literature and scales on measuring job satisfaction at universities. the study tool consisted of (60) items which were …

The Level Teachers’ Knowledge In Public Education For Learning Disabilities Students In Regards Of Variables In Kuwait, Ahmad Saeedy

Al-Balqa Journal for Research and Studies البلقاء للبحوث والدراسات

Knowledge, Teachers, learning difficulties, Kuwait, Training Experience

Review Of The Curving Techniques To Evaluate University Test Scores: A Critical And Analytical Study, Afif Rahma, Sophie Barguil

Al-Balqa Journal for Research and Studies البلقاء للبحوث والدراسات

This study presents a critical review of the proposed mathematical methods for curving students scores. Through the presentation of these methods, the study attempts to ask key questions such as: the causes of dispersion in the tests results, the criteria and principles on which the curving methods are based, the limits of application of these methods. The study also attempts to examine the role of the cognitive level of the student, the subjective factors related to the process of learning and teaching, the conditions of admission and registration in the university programs, and the impact of the above on the …

The Impact Of Using The Electronic Barcode Test Via Smartphone In The Achievement Of The Graduate Students In The Achievement Of The Graduate Students In The Faculty Of Educational Sciences At Amman Arab University And Their Attitudes Towards It., Jehad Almomani, Moen Alnasraween

Al-Balqa Journal for Research and Studies البلقاء للبحوث والدراسات

This study aimed to identify the effectiveness of using barcode via smartphone in the achievement of graduate students in the Faculty of Educational Sciences at Amman Arab University and their attitudes towards it. The sample of this study is consisted of (63 male and female students studying the statistics in the scientific research course at the Faculty of Educational Sciences in the second semester of the academic year (2018-2019). The sample was selected in an intentional manner and it was divided randomly into two groups; one is experimental and the other one is control. To achieve the goal of this …

Human Resources Planning And Its Effect On The Application Of Total Quality Management Of Jazan University, Zakyeh Arishi, Ikhlas Altarawneh

Al-Balqa Journal for Research and Studies البلقاء للبحوث والدراسات

This study aims to examinethe effect of Human Resources Planning on the application of Total Quality Management at Jazan University. It aims to demonstrate the actuality of Human Resources Planning practices and process the application of Total Quality Management in Jazan University. The study adopts the descriptive analytical approach by using self-administrated questionnaire as a data collection method. The questionnaire was distributed to a convenient proper sample out of (100) top management level at human resources officials, and quality officials in Colleges of Arts and Sciences in Al-Ardha and Samtah, College of Education in-Arts Departments in Sabya, Academic Institution for …

Goal Orientation Driving To Study By The Students Institute Science And Technical Physical And Sports Activities In Souk Ahras University, Algeria, Bensayah Samir

Al-Balqa Journal for Research and Studies البلقاء للبحوث والدراسات

The purpose of the study was to know the level of goal orientation Driving to study by the students of institute science and technical physical and sports activities in Souk Ahras University, as the differences between them according to the variables of the sex, the level of study and the specialty. For that, the researcher used the descriptive analytical method and has distributed a questionnaire (Elliot & Charch 1997) to a simple of 72 students, then he statistically treated the results using the software spss. We found that students have a high level goal orientation and that there are no …

Harmonization Between The Outputs Of Community Colleges And The Labor Market In The Kingdom Of Saudi Arabia /Community College In Hafr Al-Batin As A Sample Model, Leena Alkhlewi

Al-Balqa Journal for Research and Studies البلقاء للبحوث والدراسات

This study aims to provide a methodology proposed to achieve harmonizing between the Graduates of community colleges and the Saudi labor market needs. The researcher uses the descriptive survey method. A questionnaire is made to collect credible and acceptable data, whose basic study sample is faculty members in Community Service College in Hafr Al-Batin, which are 32 members. Researcher has got 26 answers, and this study has been applied during academic year 2018G, 1439H. the most prominent results are that there is a high degree agreement of harmonizing between theoretical and applied courses, and that courses of Community College in …

The Degree Of Commitment Of The Faculty Members In The Faculty Of Arts And Sciences In Al-Ahliyya Amman University To The Basic Rules In Building Objective Tests, Attributed To Some Variables, Awnieh Sawalha, Asmaa Al Omary

Al-Balqa Journal for Research and Studies البلقاء للبحوث والدراسات

This study aimed to determine the degree of commitment among faculty members of the Art and Science faculty at Al Ahliyya Amman University to the basic rules in the construction of objective tests of 4 various types; true or false, filling the blank, multiple choice questions, comparison question. And weather the commitment degree is affected by different variables like years of experience and speciality. The study sample consisted of 41 faculty members, who were chosen intentionally from different specialties in the art and science faculty of the 2017/2018 academic year. The researchers developed a tool to measure the degree of …

Need For Clear Language Initiative To Un-Babel Our Models, John M. Lande

Faculty Blogs

Professional jargon is helpful in some fields because it promotes communication between professionals like brain surgeons and rocket scientists.

But jargon is extremely problematic for dispute resolution because it confuses and excludes laypeople and other stakeholders.

The New York Times Interviews Joshua Kastenberg On Election Day And Deployment Of The National Guard, Joshua Kastenberg, Dave Phillips

Faculty Scholarship

Federal troops have not been used to guard against election violence since the years after the Civil War when the Army was stationed across the South to put down the Ku Klux Klan and protect Black voters, said Joshua Kastenberg, a retired Air Force lieutenant colonel and military judge who teaches military law at the University of New Mexico School of Law.

“Presidents have historically been very reluctant to call out the Army. They’ve used the authority briefly and responsibly,” he said. But, he cautioned, there are almost no checks on the president’s power to send in troops. Challenges in …

Week Of November 2, 2020 - November 6, 2020, Benjamin N. Cardozo School Of Law

Today at Cardozo 2020

Events occurring this week have been sponsored by:

• Cardozo ADR Competition Honor Society
• Cardozo Art Law Society
• Cardozo Dispute Resolution Society
• Cardozo Environmental Law Society (CELS)
• Cardozo Federalist Society
• Cardozo For Immigrants' Rights and Equality (FIRE)
• Cardozo International Law Society
• Cardozo Office of Student Services & Advising
• Cardozo Public Service Scholars Program
• Cardozo Sports Law Society (CSLS)
• Cardozo Startup Society
• Cardozo Tax Law Society
• Heyman Center on Corporate Law and Governance
• Jewish Law Students Association (JLSA)
• Louis D. Brandeis Center for Human Rights Under Law (LDB)

Ninth Circuit Reversed And Remanded District Court’S Ruling That Immigration Detainers Issued Based On Unreliable Databases Violates The Fourth Amendment, Mal Helgadottir

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

U.S. Immigration and Customs Enforcement (“ICE”) issues immigration detainers “to advise another law enforcement agency that the Department seeks custody of an [individual] presently in the custody of that agency, for the purpose of arresting and removing the [individual].” The immigration detainer requests that local law enforcement notify ICE “prior to the release of the [individual], in order for the Department to arrange to assume custody.” Immigration detainers have been subject to litigation arising out of Fourth Amendment concerns because detainers are not reviewed by detached neutral judicial officials. To issue an immigration detainer, an ICE officer simply needs to …