Social and Behavioral Sciences Commons^™

Clark Memorandum: Spring 2021, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society

The Clark Memorandum

• Rooting Out Racism
• How Do We Practice Our Religion While We Practice?
• Hope in Hardship
• The Unity Paradox

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Specter Of Reform: Understanding The Violent Crime Control And Law Enforcement Act Of 1994 And Its Role In Expanding The Modern Prison Industrial Complex, Timothy Nii-Okai Welbeck

Arlen Specter Center Research Fellowship

The United States incarcerates more of its citizens than any other nation in recorded history, and currently houses roughly 25% of the world’s prison population. Though the US prison population dipped in 2016 to its lowest rate since 1993, the sheer number of people under the supervision of the criminal justice system within the country is staggering. As of 2012, one in one hundred adults in the US are in jail or prison, which makes the US the nation with the world’s largest prison population. The US also leads the world in rate of incarceration. Thus, the nation’s prisons teem …

Organic Waste Bans: Beyond The Compost Heap, David Lee

Journal of Food Law & Policy

Food waste and food insecurity are strange bedfellows, but in the United States they shamelessly walk hand-in-hand. The USDA’s Supplemental Nutrition Assistance Program (“SNAP”) and the Emergency Food Assistance Program (“TEFAP”) are two federal programs that provide for large numbers of people in the United States. Local food recovery and donation programs serve their communities as the “backbone of the America hunger response" efforts. While many American households continue to report their struggles with food insecurity, heaping piles of good food go to waste. The repercussions of wasted food are vast, taxing American wallets, wasting our resources with every bit …

The Pandemic, Climate Change And Farm Subsidies, Allen H. Olson, Edward J. Peterson

Journal of Food Law & Policy

Many people believe that once the COVID-19 pandemic has passed, life will return to the way it was. This belief is both unrealistic and dangerous. It is unrealistic because the virus will be around for years if not indefinitely. The timeframe for the worst of the pandemic will depend on our ability to administer effective vaccines worldwide and the public’s willingness to accept continued social distancing in the meantime. The damage done to public health, the economy and individuals is already substantial and will get worse. Recovery will be slow and incomplete. The belief that life will return to the …

Understanding Modern History Of International Food Law Is Key To Building A More Resilient And Improved Global Food System, Michael T. Roberts

Journal of Food Law & Policy

This article advocates the need for a history of the development of modern international food law and suggests an analytical approach to complement the chronicling of events. Comprehension of this history will help elucidate the evolution of a complicated modern global food system, including its resiliency and vulnerability as demonstrated by Covid-19, thereby providing valuable context for change in the system where needed. This essay makes the case for such a history in three parts. First, it briefly demonstrates the need for a historical perspective through a critical examination of a journal article that speaks to Covid-19 food security in …

Martinez-Cuevas V. Deruyter Brothers And Covid-19: Is It Time To Re-Examine Farmworker Labor Protections?, Margaret Todd, Sarah Everhart

Journal of Food Law & Policy

In the fall of 2020, in the midst of the COVID-19 global pandemic, a closely divided (5-4) Washington Supreme Court, in Martinez-Cuevas v. Deruyter Bros. Dairy Inc.1, held that dairy workers, despite a state wage and hour law2 specifically exempting agricultural workers, are entitled to overtime pay. The Court based its decision, in part, on the dangerous nature of the work performed by the dairy workers.3 Although the decision was specific to dairy workers in Washington, the majority of U.S. farmworkers are not entitled to overtime wages while working jobs that are generally considered dangerous and have been made more …

Regional Disputation Between North Halmahera And West Halmahera Regencies, 2003-2010, Liliane Mojau

International Review of Humanities Studies

Ideally, the proliferation of the administrative region is aimed at improving the welfare of society. In reality, the proliferation of the administrative region often triggers the regional disputation. The regional disputation between the North Halmahera and the West Halmahera regencies is one of the cases that took a long time. There are six villages that contested in this regional disputation, namely Dum-Dum, Gamsungi/Akesahu, Akelamo Kao, Tetewang, Bobane Igo, and Pasir Putih. At first, the government of the North Halmahera and the West Halmahera regencies coordinated to settle their region boundaries. But it develops to the status issue of the six …

Free Speech In The Internet Era: Reviewing Policies Seeking To Modify Section 230 Of The Communications Decency Act Of 1996, Jacob Cordeiro

Senior Honors Projects

Section 230 of the Communications Decency Act (CDA), has for over two decades provided “interactive computer services” a legal liability shield for defamatory or otherwise actionable user-generated content posted on their platforms and, for lawsuits stemming over unequal enforcement of their content policies provided enforcement efforts are taken in “good faith.” This law, passed in the early days of the Internet, incubated the Internet and social media, giving it the regulatory freedom it needed to grow into a platform where hundreds of millions of Americans can exchange ideas and engage in political and social discourse. Yet, for all the good …

Military Working Dogs: Tracking Their Journey From Equipment To K-9 Heroes, Virginia Thomas

Library Scholarly Publications

The author surveys the history of legislation governing the lives and uses of military working dogs (MWD).

Honor Crimes: A Question Of Honor, Culture, And Humanity, Nadia N. Almusleh

Master's Theses

Honor crimes, femicide, domestic abuse and violence are widely prevalent in patriarchal societies. Middle Eastern cultures deeply value protecting the chastity and honor of women. The traditional images of women and the notions of honor and shame are consistently used as justifications for violence and killings. This is not attributable to a single culture or religion. It is rather a manifestation of societal norms around gender-based violence. Feminist activism against honor crimes in the Middle East within the last decade has increasingly received social media attention. However, the impact of this social media activism on government intervention has yet to …

Addressing Food Insecurity In The United States During And After The Covid-19 Pandemic: The Role Of The Federal Nutrition Safety Net, Sheila Fleischhacker, Sara N. Bleich

Journal of Food Law & Policy

Food insecurity has been a direct and almost immediate consequence of the coronavirus disease 2019 (COVID-19) pandemic and its associated ramifications on unemployment, poverty and food supply disruptions. As a social determinant of health, food insecurity is associated with poor health outcomes including diet related chronic diseases, which are associated with worst COVID-19 outcomes (e.g., COVID-19 patients of all ages with obesity face higher risk of complications, death). In the United States (US), the federal nutrition safety net is predominantly made up of the suite of 15 federal nutrition assistance programs that the US Department of Agriculture (USDA) administers and …

Vol. 4, Issue 1 Table Of Contents

SAIPAR Case Review

No abstract provided.

Enock Kahale & 3 Others V The People [2021] Zmca 26, John Hatchard

SAIPAR Case Review

In both criminal and civil cases, the general rule is that a witness may only testify as to matters of fact of which they have personal knowledge. Thus, a witness may not draw inferences from the facts, speculate about the causes of the facts or make value judgments about those facts. The case of Kahale is unusual in that the expert who was required to give evidence, i.e., the ballistics expert, did not do so whilst PW7, a non-expert, was permitted to give evidence that required an expert in the relevant field. There was therefore a complete absence of expert …

Editor's Note, O'Brien Kaaba

SAIPAR Case Review

No abstract provided.

New Nation Movement Npc And Others V President Of The Republic Of South Africa And Others 2020 (6) Sa 257 (Cc), Dunia P. Zongwe

SAIPAR Case Review

This case will impact constitutional law, constitutional interpretation, and electoral law in the sense that it will likely remain for a long time the leading case on independent candidates in South Africa. This is an important question that has also been raised elsewhere, like it did recently in Namibia. In both South Africa and Namibia, the question was raised as to the desirability of independent candidates. With the decision in NNM, the Constitutional Court has enabled South Africa to join nations like Namibia in permitting independent candidates.

Baby ‘A’ And Another V Attorney General And Others [2014] Eklr, Samiselo Kayombo

SAIPAR Case Review

On or about 3rd May 2009, Baby A (1st Petitioner) was born as an intersex child.2 On 10th May 2009, Kenyatta National Hospital (2nd Respondent) conducted various medical tests on the 1st Petitioner and on one of the documents that captured the 1st Petitioner’s details, inserted a question mark ‘?’ in the column that indicated the child’s sex. The Petitioners claimed that the entry of a question mark to indicate the sex of Baby A violated the rights of the child to legal recognition, dignity and freedom from inhuman and degrading treatment. These rights were guaranteed in Section 4 of …

Savenda Management Services Limited V Stanbic Bank Zambia Limited And Gregory Chifire Selected Judgment No. 47 Of 2018, Elliot Mfune

SAIPAR Case Review

The case of Savenda Management Services Limited v Stanbic Bank Zambia Limited and Gregory Chifire is significant in that it raises the question whether Zambian judges have virtually unbridled power to move on their own motion to punish for contempt of court any person who criticises their judgements. In addition, the case reinforces the traditional struggles associated with distinguishing civil from criminal contempt, the consequences of which are entirely based on the distinction. The case is also important as it exposes inadequate sentencing guidelines in Zambian contempt laws, the effect of which has led to excessive and unwarranted sentences. A …

School Of Law Grad Walk & Virtual Ceremony 05/21/2021, Roger Williams University School Of Law, Michael M. Bowden, Jill Rodrigues

School of Law Commencement (1996- )

No abstract provided.

Intellectual Property, Secrets, And Declassified Information. Mastering United States Government Information: Sources And Services, Christopher C. Brown, Libraries Unlimited, 2020., Suzanne Reinman

Journal of the Patent and Trademark Resource Center Association

No abstract provided.

Questioning Authority: Patents And Source Evaluation In An Era Of Misinformation, Jess O'Toole

Journal of the Patent and Trademark Resource Center Association

In the world of academic research, patents are classified as primary literature, and are recognized as “a rich source of technical, legal and business information presented in a generally standardized format and often not reproduced anywhere else” (World Intellectual Property Organization, 2015, p.4). Because of their status, patents are often left out of conversations surrounding source credibility and evaluation. Recent news relating to the conspiracy theories surrounding the COVID-19 pandemic and several patents, however, demonstrates the potential use of patents in spreading misinformation and disinformation. Through applying source evaluation techniques in keeping with the Association of College & Research Libraries’ …

Stalking The Wild X Patent, Barbara J. Hampton

Journal of the Patent and Trademark Resource Center Association

For most of the history of the patent office, recorded patents were used primarily to enforce the patent holder’s rights during the life of the patent and to evaluate prior art, in determining patentability. The limits of manual indexes and hand counts of entries made more sophisticated analyses impractical. Recently, a number of researchers have begun to apply scientometric methods to assess trends and causation in patterns of innovation in the United States by organizing data elements from patent documents. Although most patents are now searchable, fully digital records, the records of the earliest patents (1790–1836) were incinerated in a …

Reframing Law's Domain: Narrative, Rhetoric, And The Forms Of Legal Rules, Stephen Paskey

Journal Articles

Legal scholars typically understand law as a system of determinate rules grounded in logic. And in the public sphere, textualist judges and others often claim that judges should not "make" law, arguing instead that a judge's role is simply to find the meaning inherent in law's language. This essay offers a different understanding of both the structure of legal rules and the role of judges. Building on Caroline Levine's claim that texts have multiple ordering principles, the essay argues that legal rules simultaneously have three overlapping forms, none of which is dominant: not only the form of conditional, "if-then" logic, …

The Origin Of Beach Names In Tanjungsari: Toponymy Studies, Netiasa Adab, Frans Asisi Datang

International Review of Humanities Studies

This toponymy study discusses the origin names of beaches in Tanjungsari Subdistrict, Gunungkidul Regency, Yogyakarta which are spread in three villages, namely Kemadang, Ngestirejo, and Banjarejo. This research aims to documents the naming of beaches in the area and classifies the naming into three presuppositions meaning based on Nyström’s theory, which are categorical, associative, and emotive meaning. This study used a qualitative research method. Research data were collected by means of observation and interviews with Village Hall officials and the community. The results of this study can be used to add information that can be conveyed to tourists. The results …

Public History: An Effort To Increase Indonesian Historical Consciousness During Covid-19 Pandemi, Abdurakhman Abdurakhman, Syahidah Sumayyah Rahman

International Review of Humanities Studies

The writing of public history has become one of the methods of history that have developed and are in great demand. The difference between history in general and public history is the selection of groups that are used as research sources. Through this research, the author find that public history can be used as a way to raise historical consciousness in Indonesia. Historical Consciousness relates to thinking of ourself in time as historical beings and being aware of belonging to a specific group with a particular history and identity. The current global pandemic presents a challenge for historians. Documenting the …

Schizophrenic Auditory And Visual Hallucinations In The Poem “Du Pyeon-Eui Jugeum”, Nadira Istirahmah, Lovelyta Panggabean, Eva Latifah

International Review of Humanities Studies

Although the mental health issue is often brought up as an interesting discussion topic for these past few years, negative stigmas towards people with psychological disorders, especially schizophrenia, still exist within society. However, by expressing self-acceptance and innermost thoughts in her poetry, Choi Seung-Ja succeeded in breaking the stigmas and lived her life as a schizophrenic poet. Based on this fact, this research aims to unfold the meaning of the auditory and visual hallucinations shown in Choi Seung-Ja’s poem entitled “Du Pyeon-eui Jugeum” and to explain the motives behind the creation of the schizophrenic aspects. In order to achieve these …

Using Portfolio As A Source Of Information About Learning Process, Rifa Andhini, Sisilia Setiawati Halimi Dr.

International Review of Humanities Studies

Alternative assessments are said to be suitable for young language learners, but are rarely used by language teachers from all educational levels. One of the causes is teachers’ lack of knowledge regarding the best ways to utilize alternative assessments. This research explores how an English teacher for young learners can use portfolio, an alternative assessment, as a source of information about learning process. Data from journal entries and stimulated recall sessions that focus on the participant’s lesson plans were collected every week to reveal how portfolio was used, while initial and final interviews were done to reveal the participant’s perception …

French Neologisms In Larousse Dictionary Of 2018 And 2019, Amelia Wahyu Julisdianti, Danny Susanto

International Review of Humanities Studies

Larousse is one of the most important and widely used French-language dictionaries. Larousse dictionary annually releases its new edition with the addition of on average 150 new words due to the appearance of new words, known as the phenomenon of neologism. The aim of this study is to identify how new words or neologisms in the Larousse dictionary edition of 2018 and 2019 were formed using a morphological approach. The analysis essentially uses the combination of theories of Lehmann & Martin-Berthet (1999) and Grevisse, M., & Goosse, A. (2007) on four types of word formation: derivation, composition, siglaison (acronym), and …

Rural Poverty And Its Impact In Shen Congwen’S Short Story The Husband, Ekawati Tyas Wahyuningsih, Nurni Wahyu Wuryandari

International Review of Humanities Studies

Shen Congwen (1902-1988) is a modern Chinese author and poet who is known for his native-soil literature (xiangtu wenxue). The short story The Husband (Zhangfu, 1930) is one of his works in native-soil literature. It tells a story about the character “Husband” who lived as a peasant in the barren and poor Huang Village. Like other husbands in the village, he sent his wife to work in the city to improve the family finances. At the end of the story, the character “Husband” decided to take his wife home to the village after he witnessed firsthand the life in the …

The JāTakamāLā Reliefs Of Borobudur: Beneficial And Insightful Acts In Adverse Times, So Tju Shinta Lee

International Review of Humanities Studies

This study is aimed to examine seven selected allegories of Āryaśūra’s Jātakamālā engraved in Candi Borobudur, to analyze the multiple aspects of the six perfections (pāramitās) exemplified in them and how these perfections are applied in day-to-day life. The literature study involved data collection triangulation to determine the extant Jātakamālā and pāramitā texts closest to the sources. Content analysis on the Jātakamālā texts and observation of its corresponding reliefs were carried out to identify the message and substantial points of each allegory. Both the actions and the motivation driving the character to perform such actions are considered. Using thematic analysis, …

Working From Home: Women Between Public And Domestic Spheres After The Outbreak Of Covid-19, Mina Elfira, Bambang Wibawarta, Rouli Esther, Fandra Febriand

International Review of Humanities Studies

This study examines how working mothers negotiate her gender role and strategize in facing the condition when domestic and public sphere exist in one space called home after the outbreak COVID-19 pandemic in Indonesia. The research questions are ” how far does working from home give an impact in changing patriarchal gender relation and distribution of work division at home?”, and “to what extends women modify their home functions in coping with COVID 19 pandemic condition and in minimizing patriarchal authority at their own home?” The research uses qualitative methods, including in-depth interviews and questioner filling, and focuses on samples …