Law Commons^™

Harmonization Of Islamic Law In National Legal System: A Comparative Study Between Indonesia Law And Malaysian Law, Yeni Salma Barlinti

Indonesia Law Review

This artcile compares Indonesia legal system. The government legalized Islamic Law in national legislations, which are in effect for Muslim People. To facilitate dispute settlement, there is a relgious court to solve Islamic dispute based on Islamic Law. The Existance of Islamic law in Indonesia and Malaysia has similarity and differentiation. The similarties among others are: the Muslim-majority in both countries pushes the government to put Islamic law into force, Islamic law must be written into consitution or legislation. It is needed to have legal basis when performing Islamic law, the existence of relgious court is very important in dispute …

Implementation Of The 1958 New York Convention In Several Asian Countries: The Refusal Of Foreign Arbitral Awards Enforcement On The Grounds Of Public Policy, Erman Radjagukguk

Indonesia Law Review

The national character of public policy indicates that the decision is up to the court of national country concerned. Therefore, each country can rule whether public policy and its related issues are part of the country's public policy. Courts atound the world have recognized that Article V of the Convention is discretionary. The courts of Civil Law countries appear to be interpreting public policy broadly. This is quite evident from decisions made by courts in Indonesia, The People's Republic of China, Japan and Korea. The Indonesia Court considered Article V (2) (b) of the New Yourk Convention which states that …

The Democratic Constitutional State Of Indonesia, Pan Mohammad Faiz

Indonesia Law Review

The political reform in Indonesia started in 1998 when President Soeharto was forced to resign from his presidential office after 32 years in power. This momentum has transformed Indonesian political culture from an authoritarian state to the third largest democracy in the world after India and United States. It also led to Indonesian constitutional reform which was marked by the amendments of 1945 Constitution for the first time in 1999.

Patent, Technology, And The Role Of University, Agus Sardjono

Indonesia Law Review

University has significant contribution to the development of nanotechnology. The role of university can be implemented through the TTLO, particularly in an effort to build a bridge for bottom-up nanotechnology for commercial purposes. There will be an increasingly significant link between the patent system and the university role in the development of nanotechnology.

Mandatory Corporate Social And Environment Responsibilities In The New Indonesian Limited Liability Law, Yu Un Opposunggu

Indonesia Law Review

On 16 August 2007 President Susilo Bambang Yudhoyono signed the Bill of Limited Liability Company, as approved by the Parliament, and consequently it became the Law No. 40 of Year 2007 regarding Limited Liability Company. The law revokes the then existing Law No. 1 of Year 1995. This law has 14 chapters and 161 articles, and introduces new provision on, inter alia, corporate social and environmental responsibilities (CSER). The legislators have specifically dedicated Chapter V and its Article 74 to this effect. CSER is defined as commitment of the Company to participate in sustainable economic development with the intention of …

Human Trafficking In Indonesia: Law Enforcement Problems, Nathalina Naibaho

Indonesia Law Review

Human Trafficiking is considered as a crime against humanity. To conduct the due process of law towards cases related with human trafficking, the law enforcement officers cannot work by themselves. They really need assistance from many parties – such as active report from the society – as a valuable information to disclose such cases. Law enforcement conducted towards woman and child trafficking is still ineffective. It is proven by many existing cases, that low number of processed cases before the court and minimum sanction convicted to the perpetrators is clearly evident. Factors which are deemed to have correlation with low …

Perjanjian Trips Dan Beberapa Isu Strategis (Trips Agreement And Several Strategic Issues), Fika Hakim

Indonesia Law Review

Intellectual Property Rights is one of the most important aspects of foreign investment. Although intellectual property rights is a key element in the TRIPs Agreement, but this book does not discuss the specifics of Intellectual Property Rights (hereinafter referred to as IPR) itself. This book also addresses three other strategic issues in addition to IPR, which are transfer of technology, Traditional Knowledge and Genetic Resources Folklore (SGPTF), and TRIPS Plus. In addition, the book also discusses the relation between TRIPs and the developing countries, especially Indonesia, and also its relation to developed countries.

Legal Issue On Pledge Share Aggrement, Suharnoko Suharnoko

Indonesia Law Review

The creditors are considered as unsecured creditors if they are relying only to article 1131 and 1132 of the Civil Code. In order to become a secured creditor, a security agreement must be made. Many financial institutions are now prefer securing its credit by pledge of shares of customer's enterprise. This article focuses on the legal issues regarding the validity and execution on the pledge share agreement

The Case For A Limited Protection Of Trademark Merchandising, Irene Calboli

Faculty Scholarship

Since its judicial creation in the 1970s, strong controversy has surrounded the practice of trademark merchandising. Trademark scholars have generally opposed merchandising rights because of the departure from the traditional interpretation of trademark law - protecting consumers and market competition-in favor of a direct protection of trademark value. Despite this opposition, courts and Congress have favored the acceptance of this practice by broadening the scope of trademark protection and by introducing the concept of confusion as to the products' "sponsorship" or "affiliation" as part of the standard for trademark infringement. Not surprisingly, trademark scholars have criticized these developments but have …

Law In War, Law As War: Brigadier General Joseph Holt And The Judge Advocate General’S Department In The Civil War And Early Reconstruction, 1861-1865, Joshua E. Kastenberg

Faculty Book Display Case

During the Civil War, the Union Army grew from a semi-professional force of 12,000 to a force of almost one million citizens. The unique disciplinary requirements for this citizen army were only one facet of the nation's unique wartime needs. Lincoln believed, with credibility, that a dangerous enemy resided within the north, and the common civil laws were not strong enough to contain this enemy. To achieve a disciplined military and to defeat the internal enemy, Lincoln turned to Joseph Holt, nominating the former Secretary of War to the position of Judge Advocate General of the Army. A friend of …

Contested Legality And The Insecurity Of Status: Some Snapshots From A Decade Of Refugee Law, Donald Galloway

Western Migration Conference Series

Bio:

Donald Galloway is a Professor of Law at the University of Victoria, British Columbia. He specializes in Refugee Law, Citizenship Law and Immigration Law. He was the founding President of the Canadian Association of Refugee and Forced Migration Studies (CARFMS) and is a former member of the Immigration and Refugee Board.

From Brawn To Brains: How Immigration Works For America, Pia Orrenius

Western Migration Conference Series

Bio:

Pia Orrenius is Research Officer and Senior Economist at the Federal Reserve Bank of Dallas and Adjunct Professor at the Hankamer School of Business, Baylor University. Her research focuses on the labor market impacts of immigration, unauthorized immigration, and U.S. immigration policy, and her work has been published in the American Economic Review, Journal of Development Economics, Labour Economics, Industrial and Labor Relations Review, among others. She is coauthor of the book Beside the Golden Door: U.S. Immigration Reform in a New Era of Globalization (2010, AEI Press). Dr. Orrenius is a Research Fellow at …

The Labor Market Effects Of U.S. Immigration: What Is The Latest Evidence?, Orn Bodvarsson

Western Migration Conference Series

Bio:

Örn Bodvarsson is Professor of Economics, Chair of the Department of Management, and Interim Chair of the Department of Social Work at St. Cloud State University. He is also a Research Fellow at the Institute for the Study of Labor (IZA) in Bonn, Germany. A labor economist, Bodvarsson has been working in the immigration field since 2001, focusing on host country distributional effects of immigration, determinants of migration, internal migration in China, and wage discrimination against the foreign-born. In 2009 Springer published his co-authored book, The Economics of Immigration: Theory and Policy, recently reviewed in Journal of Economic …

Recruitment And Retention Of Immigrants In A Global Labour Market: Implications For Policy, Christopher Robinson

Western Migration Conference Series

Bio:

Chris Robinson studied economics at the London School of Economics and the University of Chicago, and has been a faculty member at the University of Western Ontario since 1977. His research has focused on human capital and wage issues including human capital specificity, labour supply, migration, and unions and he has published a wide range of articles on these topics in scholarly journals. From 1993 to 2003 he served as associate editor of the Journal of
Labor Economics. From 2001 to 2010 he held the CIBC Chair in Human Capital and
Productivity at the University of Western Ontario …

April 29, 2011: Courageous Senator Bob Casey, Bruce Ledewitz

Hallowed Secularism

Blog post, “Courageous Senator Bob Casey“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Hendricks, John, D. 1814 (Sc 168), Manuscripts & Folklife Archives

Manuscript Collection Finding Aids

Finding aid and scans (Click on "Additional Files" below) for Manuscripts Small Collection 168. Certified transcripts (1856), of Warren (County, Kentucky) Circuit Court records for two lawsuits involving title to land: James Bell v. John Hendrick (1815, commenced 1806) and George M. Bibb v. John Hendrick (1816, commenced 1815 against Hendrick's heirs).

Executing Foster V. Neilson: The Two-Step Approach To Analyzing Self-Executing Treaties, David Sloss

Faculty Publications

The Supreme Court’s 2008 decision in Medellin v. Texas unleashed a flood of new scholarship on the doctrine of self-executing treaties. Unfortunately, the entire debate has been founded on two erroneous assumptions. First, courts and commentators have assumed that self-execution is a treaty interpretation question. Second, they have assumed that the modern doctrine of self-execution is essentially the same as the doctrine articulated by Chief Justice Marshall in his seminal opinion in Foster v. Neilson. The consensus view is wrong on both counts.

Properly framed, the self-execution inquiry comprises two distinct questions. First, what does the treaty obligate the United …

Domestic Application Of Treaties, David Sloss

Faculty Publications

This paper is a chapter for a forthcoming book, the Oxford Guide to Treaties. The chapter addresses the application of treaties within domestic legal systems. Traditional scholarship on the domestic application of treaties has focused on the distinction between monist and dualist legal systems. Although the monist-dualist framework helps illuminate important formal differences among states, the chapter suggests that scholarly preoccupation with the formal distinction between monism and dualism tends to obscure key functional differences among states.

After discussing the monist-dualist dichotomy in Part One, the remainder of the chapter adopts a functional approach, focusing primarily on the role of …

Rural Centres And Immigration: Policy, People, And Applied Research, William Ashton

Western Migration Conference Series

Roles of immigrants in rural centres is not well understood. Research is needed to define a welcoming community, yet Steinbach and Brandon, Mantioba serve as examples of welcoming immigrants. From interviews, immigrant priorities are housing and employment. Recent research described rural housing strategies and pathways for hiring immigrants. Rural policy implications are also noted.

Trends And Inconsistencies In Immigration And Refugee Board Case Decisions, Julianna Beaudoin

Western Migration Conference Series

The last fifteen years have included dramatic policy changes to the Canadian Immigration and Refugee Board (IRB). These changes are reflected through IRB year-end statistics/graphs and an anthropologically focused discussion that illustrates the need for reform to correct current inconsistencies in the IRB decision-making process.

Immigration And The Population Of Canada: The 2000-2010 Decade In Historical Context, Roderic Beaujot, Muhammed Raza

Western Migration Conference Series

The paper elaborates the role of immigration and immigration policy in Canada. Certain phases of immigration are identified in historical and policy contexts. The consequences of immigration in terms of population growth, age structure and geographical distribution are highlighted. The paper concludes with the social, economic and cultural impact of immigration.

Sociolinguistics Barriers: Constructing And Reproducing Temporary Migrants' Social Inequalities, Maria Eugenia De Luna Villalón

Western Migration Conference Series

This study explores the sociolinguistic barriers that Mexican Agricultural Temporary Workers (MATW) experience during their temporary stays in Canada. Following an ethnographic approach, some of the findings were that the sociolinguistic barriers lead to sociolinguistic dependency, increasing and perpetuating human and social inequalities of the MATW.

Bar-Ilan University V. National Labor Court, Ayala Procaccia, Edmond E. Levy, Dorit Beinisch, Edna Arbel, Miriam Naor, Eliezer Rivlin, Asher Grunis

Translated Opinions

The questions that arise for deliberation in this Petition are: Is a workers’ organization, some of whose members are pensioners of the workplace, entitled to declare a strike against the employer on the issue of the pensioners’ rights, although an employer-employee relationship no longer exists between the employer and the pensioners? Should such a strike be recognized as one that is protected by the labor laws?

What remains of a concrete labor dispute, which was resolved during the deliberations before the National Labor Court, are these conceptual-fundamental questions, which, in light of their importance, have constituted a subject of rulings …

Summary Of Donlan V. Nevada, 127 Nev. Adv. Op. No. 12, Tim Mott

Nevada Supreme Court Summaries

An appeal from a district court order denying a petition to terminate appellant’s duty to register as a sex offender.

China And The New Asia: Policy Recommendations, Tasha N. Haug

Senior Honors Theses

The People’s Republic of China is an indispensable political and economic force in Asia. With the majority of the United States’ foreign economic interests invested in the Asia-Pacific region, the leading role that China is taking is a major concern. The Asia-Pacific region is strategically important to the US. How US policy makers craft foreign policy toward Asia has a direct impact on US involvement in the region. Unless the US becomes more invested in Asia, develops a comprehensive understanding of China’s role in the region, and proactively pursue strategic relationships, US influence in Asian affairs will become a thing …

Kinder V. Geithner - District Court Opinion Dismissing Complaint, United States District Court For The Eastern District Of Missouri

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Protection For Informational Works After Feist Publications, Inc. V. Rural Telephone Service Co., Miriam Bitton

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Moral Rights And Supernatural Fiction: Authorial Dignity And The New Moral Rights Agendas, Jacqueline D. Lipton Ph.D.

Fordham Intellectual Property, Media and Entertainment Law Journal

In recent years, several scholars have revisited the question of moral rights protections for creators of copyright works in the United States. Their scholarship has focused on defining a moral rights agenda that comports with American constitutional values, as well as being practically suited to current copyright business practices. Much of this scholarship has prioritized a right of attribution over other moral rights, such as the right of integrity. This Article evaluates some of these recent moral rights models in light of a sample of comments made by American supernatural fiction authors about their works. The Author questions whether the …

Gil V. Minister Of Education, Asher Grunis, Edna Arbel, Hanan Melcer

Translated Opinions

Facts: On 9 March 2011, the Minister of Education announced that Advocate Shimon Mizrahi would be awarded the 2011 Israel Prize in the field of sports, upon the recommendation of the Israel Prize Judging Committee. The members of the Judging Committee were Tal Brody, an renowned basketball player who had played for the Maccabee Tel-Aviv basketball team, and who was awarded the Israel Prize in 1979, Gili Lustig, the head of the competitive sports section of the Israel Olympic Committee and a coach of the Israel All-Star volleyball team, and Esther Roth-Shachamorov, a celebrated athlete who had represented Israel …

Huddle Up: Using Mediation To Help Settle The National Football League Labor Dispute, Jeremy Corapi

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.