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Full-Text Articles in Social and Behavioral Sciences

The Intersecting And Additive Nature Of Vulnerability: Dehumanizing Or Protecting?, Megan Berry-Cohen Nov 2022

The Intersecting And Additive Nature Of Vulnerability: Dehumanizing Or Protecting?, Megan Berry-Cohen

Department of Psychology: Dissertations, Theses, and Student Research

Recent research has examined how extra-legal factors such as emotions and stereotypes impact legal judgment decisions regarding traditionally vulnerable populations. Less work has explored not only what makes a group vulnerable, but how people perceive, interpret, and apply that vulnerability. The current research therefore integrates psychological theory and legal models to understand vulnerability and its implications. Three studies examined the roles of various factors, including dehumanization and empathy, in understanding how people respond to vulnerable individuals in general and then to women who have survived sexual violence.

In Experiment 1, I manipulated sex (female vs. male), age (older: 60 years …


Prevention Of Child Sexual Abuse In South Africa: Assessing The Role Of Parents, Community Leaders, Educators, And Social Workers, Nosisa Mabetshe, Emeka E. Obioha, Ishmael Mugari, Elphina N. Cishe Nov 2022

Prevention Of Child Sexual Abuse In South Africa: Assessing The Role Of Parents, Community Leaders, Educators, And Social Workers, Nosisa Mabetshe, Emeka E. Obioha, Ishmael Mugari, Elphina N. Cishe

Dignity: A Journal of Analysis of Exploitation and Violence

Child sexual abuse is a global problem and is prevalent in South Africa. Child sexual abuse significantly harms the victims. This study looked at child sexual abuse prevention, focusing on the community, school system, and social workers. A mixed methods research method was used. Data were collected from 115 questionnaire respondents, of which 15 in-depth interview participants were selected. The sample was selected using purposive sampling and stratified random sampling techniques. Low reporting of incidents is hindering the effective response to child sexual abuse. The study revealed the significant role parents and community members could play in preventing child sexual …


Vol. 5, Issue 3 Table Of Contents Nov 2022

Vol. 5, Issue 3 Table Of Contents

SAIPAR Case Review

No abstract provided.


Editorial Note, O'Brien Kaaba, Kafumu Kalyalya Nov 2022

Editorial Note, O'Brien Kaaba, Kafumu Kalyalya

SAIPAR Case Review

No abstract provided.


Bizwayo Newton Nkunika V Lawrence Nyirenda And Electoral Commission Of Zambia 2019/Ccz/005 (1 March 2021), O'Brien Kaaba Nov 2022

Bizwayo Newton Nkunika V Lawrence Nyirenda And Electoral Commission Of Zambia 2019/Ccz/005 (1 March 2021), O'Brien Kaaba

SAIPAR Case Review

No abstract provided.


S V Lifumbela And Others 2022 (1) Nr 205 (Sc), Dunia P. Zongwe Nov 2022

S V Lifumbela And Others 2022 (1) Nr 205 (Sc), Dunia P. Zongwe

SAIPAR Case Review

The Lifumbela case stems straight from the High Treason Trial, Namibia’s longest and – probably – most expensive judicial saga. In S v Lifumbela, the Supreme Court of Namibia had to settle an appeal against the convictions and sentences of 30 accused implicated in the High Treason Trial. Despite the big stakes involved in this matter, the apex court did not manage to rise to this once-in-a-lifetime occasion and seize this historic moment.

By confirming that the appellants committed high treason, murder, and attempted murder on the basis of conspiracy (i.e., an incomplete crime), the Namibian Supreme Court upended the …


Chimanga Changa Limited V Export Trading Limited (Scz Appeal No. 3 Of 2022), Ntemena Mwanamwambwa, Chenela Mwale-Simbotwe Nov 2022

Chimanga Changa Limited V Export Trading Limited (Scz Appeal No. 3 Of 2022), Ntemena Mwanamwambwa, Chenela Mwale-Simbotwe

SAIPAR Case Review

The Supreme Court’s decision in Chimanga Changa has set a clear and resounding tone as well as a sound precedent in the Jurisprudence of Zambian Corporate Insolvency law, specifically in relation to how voluntary business rescue proceedings should be commenced, when they commence and most importantly that an application objecting to the commencement of business rescue proceedings pursuant to section 22(1), does not answer to the definition of a legal proceeding for purposes of effecting a moratorium within the confines of section 25 of the Act.


Eva Chiboni V. New Future Finance Company Limited 2020/Hpc/0776, Chanda Chungu Nov 2022

Eva Chiboni V. New Future Finance Company Limited 2020/Hpc/0776, Chanda Chungu

SAIPAR Case Review

The decision in Eva Chiboni has been seen by some as a victory for vulnerable groups of people in Zambia, compared to bigger entities that do at time take advantage of parties with less bargaining powers. However, as this article has demonstrated, it reached an outcome not supported by principles of law, particularly those relating to the need to provide lucid and clear evidence of a vitiating factor or illegality to declare a contract null and void.


Zambia Electronic Clearing House Limited V. James Kalengo Caz Appeal No. 239 Of 2020, Chanda Chungu Nov 2022

Zambia Electronic Clearing House Limited V. James Kalengo Caz Appeal No. 239 Of 2020, Chanda Chungu

SAIPAR Case Review

The Court of Appeal’s decision in James Kalengo is crucial because it demonstrates that the concept of a legitimate expectation of renewal, as a principle and concept exists under Zambian employment law. Whilst an employer does retain the discretion to renew a contract of employment or not when it is due to expire, an employee may have a legitimate expectation of renewal if there is any past practice, prior promise or bad faith/mala fides in relation to the renewal.


Mark Tink And Others V. Lumwana Mining Company Limited Caz Appeal No. 41/2021, Chanda Chungu Nov 2022

Mark Tink And Others V. Lumwana Mining Company Limited Caz Appeal No. 41/2021, Chanda Chungu

SAIPAR Case Review

The decision in Mark Tink and Others v. Lumwana Mining Company Limited is an important decision because it clarifies and restates that law that a valid reason, that is substantiated is required when an employer initiates termination of the contract of employment.

This article critiques the approach of the Court of Appeal as it relates to the award of damages. This article seeks to provide clarity as it relates to the award of damages, particularly the way is granted and justified. It is suggested that when the opportunity arises either the Court of Appeal or the Supreme Court should revise …


Molosoni Chipabwamba And 12 Other Displaced Village Owners V Yssel Enterprises Limited Appeal No.104/2020 (Zmca) 2022, Mwami Kabwabwa Nov 2022

Molosoni Chipabwamba And 12 Other Displaced Village Owners V Yssel Enterprises Limited Appeal No.104/2020 (Zmca) 2022, Mwami Kabwabwa

SAIPAR Case Review

The issue of customary land tenure and customary land rights is an important issue that has serious implications on customary communities that occupy land under customary tenure. Considering the raising demand of customary land by both local and international investors the courts play an important role in protecting the interests and rights of customary communities and ensuring that such communities are not exploited in the alienation process of customary land and in the procedures of converting from customary tenure to statutory where it is necessary and where the benefits of converting to statutory tenure outweigh the benefits of customary tenure. …


Law Library Blog (November 2022): Legal Beagle's Blog Archive, Roger Williams University School Of Law Nov 2022

Law Library Blog (November 2022): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


While Waiting For Rain: Community, Economy, And Law In A Time Of Change, John Henry Schlegel Nov 2022

While Waiting For Rain: Community, Economy, And Law In A Time Of Change, John Henry Schlegel

Books

What might a sensible community choose to do if its economy has fallen apart and becoming a ghost town is not an acceptable option? Unfortunately, answers to this question have long been measured against an implicit standard: the postwar economy of the 1950s. After showing why that economy provides an implausible standard—made possible by the lack of economic competition from the European and Asian countries, winners or losers, touched by the war—John Henry Schlegel attempts to answer the question of what to do.

While Waiting for Rain first examines the economic history of the United States as well as that …


The Curious Case Of The 0.1 Per Cent Service Charge, Vincent Ooi Nov 2022

The Curious Case Of The 0.1 Per Cent Service Charge, Vincent Ooi

Research Collection Yong Pung How School Of Law

Just before 1 August 2022, a coffeeshop zi char chain announced that it would impose a 0.1% service charge. This decision was reversed within two weeks due to "customers' reactions".While the rate might appear to be absurdly low and not worth the trouble of imposing, this article suggests that there was more to the situation than first meets the eye. GST regulations require merchants to list GST inclusive prices unless the goods and services are provided by hotels and F&B outlets that are subject to a service charge. The 0.1% rate is thus explicable as a likely attempt to get …


The Particle Problem: Using Rcra Citizen Suits To Fill Gaps In The Clean Air Act, Kurt Wohlers Nov 2022

The Particle Problem: Using Rcra Citizen Suits To Fill Gaps In The Clean Air Act, Kurt Wohlers

Michigan Law Review

While the Clean Air Act has done a substantial amount for the environment and the health of individuals in the United States, there is still much to be done. For all its complexity, the Act has perpetuated systemic inequities and allowed harms to fall more heavily on low-income communities and communities of color. This is no less true for particulate matter pollution, which is becoming worse by the year and is a significant cause of illness and premature death. This Note argues that particulate pollution, traditionally only regulated on the federal level within the ambit of the Clean Air Act, …


Microcontextual Considerations In Ouster Clause Analysis: A Comparative Study Of Parallel Trends In The United Kingdom And Singapore, Kenny Chng Nov 2022

Microcontextual Considerations In Ouster Clause Analysis: A Comparative Study Of Parallel Trends In The United Kingdom And Singapore, Kenny Chng

Research Collection Yong Pung How School Of Law

The classic legal approach to legislative ouster clauses in the common law was articulated by the House of Lords in Anisminic Ltd. v. Foreign Compensation Commission. However, recent developments in both the United Kingdom and Singapore indicate a judicial desire to shift away from that approach towards a more flexible analysis of an ouster clause’s effect, centered on the rule of law. This article highlights the significance of those parallel developments, especially given the starkly differing constitutional contexts shaping the approach to ouster clauses in the two jurisdictions. Capitalizing on these trends, it proposes a comparative assessment of the materiality …


Patriarchy’S Link To Intimate Partner Violence: Applications To Survivors’ Asylum Claims, Daniel G. Saunders, Tina Jiwatram-Negrón, Natalie Nanasi, Iris Cardenas Nov 2022

Patriarchy’S Link To Intimate Partner Violence: Applications To Survivors’ Asylum Claims, Daniel G. Saunders, Tina Jiwatram-Negrón, Natalie Nanasi, Iris Cardenas

Faculty Journal Articles and Book Chapters

Eligibility for asylum for survivors of intimate partner violence (IPV) has recently been contested. We summarize social science evidence to show how such survivors generally meet asylum criteria. Studies consistently show a relationship between patriarchal factors and IPV, thereby establishing a key asylum criterion that women are being persecuted because of their status as women. Empirical support is also provided for other asylum criteria, specifically: patriarchal norms contribute to state actors’ unwillingness to protect survivors, and survivors’ political opinions are linked to an escalation of perpetrators’ violence. The findings have implications for policy reform and supporting individual asylum-seekers.


Understanding The Role Of Transportation In Human Trafficking In California, Kezban Yagci Sokat Nov 2022

Understanding The Role Of Transportation In Human Trafficking In California, Kezban Yagci Sokat

Mineta Transportation Institute

Human trafficking, a form of modern slavery, is the recruitment, transport, and/or transfer of persons using force, fraud, or coercion to exploit them for acts of labor or sex. According to the International Labor Organization, human trafficking is the fastest growing organized crime with approximately $150 billion in annual profits and 40.3 million individuals trapped in slave-like conditions. While it is not compulsory to involve transportation for human trafficking, the transportation industry plays a critical role in combating human trafficking as traffickers often rely on the transportation system to recruit, move, or transfer victims. This multi-method study investigates the role …


Judging From Above: French Feminists & Their Influence On The Veil Debate, Emma Caroline Delapré Oct 2022

Judging From Above: French Feminists & Their Influence On The Veil Debate, Emma Caroline Delapré

Claremont-UC Undergraduate Research Conference on the European Union

Over the past two decades, the international community has found itself questioning France’s application of laïcité and the egalitarianism it supposedly ensures, particularly regarding veils associated with the Islamic faith. Integral to the face veil debate is the advocacy of French feminists, especially those who identify as pro-ban. Overarchingly, pro-ban feminists argue that the practice of wearing face veils or coverings undermines a French citizen’s obligation to foster cohesion in the public sphere through the acceptance of republican norms. This viewpoint informs the analysis of the state of social division in France undertaken here. The tools of analysis include a …


Relationship Between Hinterland Connectivity With Logistics Performance : A Case Of Sarawak, Malaysia, Nur Haziqah Binti Japar Oct 2022

Relationship Between Hinterland Connectivity With Logistics Performance : A Case Of Sarawak, Malaysia, Nur Haziqah Binti Japar

World Maritime University Dissertations

No abstract provided.


Impact Of Maritime Trade On The Sierra Leonean Economy, Raju Gidwani Oct 2022

Impact Of Maritime Trade On The Sierra Leonean Economy, Raju Gidwani

World Maritime University Dissertations

No abstract provided.


Analysis Of The Relationship Between International Trade And Economic Growth Of Jordan, Mohammed Ali Salem Shubeilat Oct 2022

Analysis Of The Relationship Between International Trade And Economic Growth Of Jordan, Mohammed Ali Salem Shubeilat

World Maritime University Dissertations

No abstract provided.


Nowcasting Gdp Of Singapore Through-The-Lens Of Maritime Trade And Services, Amrita Kumar Saha, Laxmi Hari Kamath, Pfarlin Imperio Cortes Oct 2022

Nowcasting Gdp Of Singapore Through-The-Lens Of Maritime Trade And Services, Amrita Kumar Saha, Laxmi Hari Kamath, Pfarlin Imperio Cortes

World Maritime University Dissertations

No abstract provided.


11th International Conference On Business, Technology And Innovation 2022, University For Business And Technology - Ubt Oct 2022

11th International Conference On Business, Technology And Innovation 2022, University For Business And Technology - Ubt

UBT International Conference

Welcome to IC – UBT 2022

UBT Annual International Conference is the 11th 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 …


Social Media, Social Identification, And The Integration Of Refugees Into Jordanian Society, Ibrahim Al Elanat Oct 2022

Social Media, Social Identification, And The Integration Of Refugees Into Jordanian Society, Ibrahim Al Elanat

Student Theses and Dissertations

Mass media and social media platforms play a critical role in helping Syrian refugees integrate into host communities. Through social media platforms, users’ can voice their opinions on various topics related to the refugee experience. This study aims to identify the various cultural needs and practices of the refugee community in Jordan. The study aims to develop a framework for policymakers, employers, and local communities in Jordan to consider and integrate Syrian refugee's social identity. Also this study aims to identify the various aspects of identity re-constructions in order to determine the most effective practices for Syrian refugees. The study …


Does An Initial Public Offering (Ipo) Issuer's Securities And Exchange Commission Registration Fee Calculation Method Predict Pricing Revisions And Ipo Underpricing?, Patrick M. Corrigan Oct 2022

Does An Initial Public Offering (Ipo) Issuer's Securities And Exchange Commission Registration Fee Calculation Method Predict Pricing Revisions And Ipo Underpricing?, Patrick M. Corrigan

Journal Articles

This paper proposes a new proxy for the ex ante expectations of issuers and their underwriters about the direction of pricing revisions during the roadshows of an initial public offering (IPO): the way issuers elect to calculate the registration fees owed to the Securities and Exchange Commission. Consistent with fee-minimizing decision-making, I find that the choice of fee calculation method is associated with pricing revisions and IPO underpricing. This relationship suggests that issuers or their advisors may not incorporate economically significant private valuation information into the initial pricing range estimate and initial public offering price. The results provide empirical support …


Case Files From The Late Hon. Michael S. Kanne Donated To The Jerome Hall Law Library, James Owsley Boyd Oct 2022

Case Files From The Late Hon. Michael S. Kanne Donated To The Jerome Hall Law Library, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

The case files of the late Judge Michael S. Kanne have been donated to the Indiana University Maurer School of Law’s Jerome Hall Law Library.

Kanne, a 1968 graduate of the Law School, served on the U.S. Court of Appeals for the Seventh Circuit from 1987 up until his death in June 2022. Prior to his elevation to the Seventh Circuit, Judge Kanne served on the bench of the U.S. District Court of the Northern District of Indiana.

Judge Kanne’s files span the entirety of his service on the Seventh Circuit, and contain papers regarding opinions, concurrences, and dissents …


Path Choice Of Algorithm Intellectual Property Protection, Yulu Jin, Youdan Xiao Oct 2022

Path Choice Of Algorithm Intellectual Property Protection, Yulu Jin, Youdan Xiao

Bulletin of Chinese Academy of Sciences (Chinese Version)

Protection of algorithm by intellectual property is a powerful way to stimulate innovation and regulate the risk of the algorithm. Algorithm that can be protected by intellectual property right is the program algorithm, which is compiled in computer language, in the form of coded instruction sequence, run by the computer and produce independent rational value results. The article is combed out that there are drawbacks to the traditional path of IP to protect program algorithms:it has conflict between program algorithm and copyright law system; the trade secret path is at odds with program algorithmic governance; and program algorithm can hardly …


The Youth Inferno: Two-Way Working On Ancestral Lands, Pamela Nathan Oct 2022

The Youth Inferno: Two-Way Working On Ancestral Lands, Pamela Nathan

New England Journal of Public Policy

In this article I present some of the work of Creating a Safe and Supportive Environment (CASSE) in Central Australia, Northern Territory, with the youth in the justice system, referring to our dual cultural and therapeutic program Shields for Living, Tools for Life. Psychoanalytic concepts and tools that have informed the work and transformed the trauma landscape are detailed. The work is at the epicenter of anger, concern, and politics in Central Australia and this epicenter has been named the “youth crisis.” It is a journey of feeling the heat, of being on a rollercoaster ride in a landscape of …


Estimated Expertise In The Law Of The Principles Of Sharia No. 31. Of The Year 1959 And The Legal Modifications Until The Year 2016 Legal Jurisprudence Study, Walid Baklizi Oct 2022

Estimated Expertise In The Law Of The Principles Of Sharia No. 31. Of The Year 1959 And The Legal Modifications Until The Year 2016 Legal Jurisprudence Study, Walid Baklizi

Jerash for Research and Studies Journal مجلة جرش للبحوث والدراسات

This study focuses on the estimated expertise and its roll in achieving justice. And due to the fact of courts corridors filling up with suits that lack the estimated expertise to end litigations, so there were the need to shine the lights on the Estimated expertise in law of the principles of sharia and jurisprudence to indicate the differences and similarities, to show the development of law of the principles of sharia and through its later modifying articles.

This study took the rooting of estimated expertise, its’concept, the terms of experts and finally the estimating in law suits that needed …