Journal articles on the topic 'Bark petitions'
To see the other types of publications on this topic, follow the link: Bark petitions.
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the top 50 journal articles for your research on the topic 'Bark petitions.'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Browse journal articles on a wide variety of disciplines and organise your bibliography correctly.
1
Machin, Karen, Rosemary O’Neill, and Pat Onions. "Pat’s Petition." Groupwork 23, no. 3 (May 13, 2014): 9. http://dx.doi.org/10.1921/gpwk.v24i1.774.
Full textAbstract:
<p><i>Pat’s Petition was originally an e-petition submitted on the UK Government’s website asking the Department for Work and Pensions to ‘stop and review the changes to benefits and services which are falling disproportionately on disabled people, their carers and families’. All e-petitions are submitted by an individual, in this case Pat Onions, and aim to reach 100,000 signatures for the possibility of debate in parliament.</i></p><p><i>Pat’s Petition was a small group formed of volunteers, all with firsthand experience of the issue as disabled people and/or carers, who had no previous experience as a group or in reaching out online to a wider community for petition signatures. The petition reached over 62,600 signatures and ended on November 1<sup>st</sup> 2012. At the time, it was the 12<sup>th</sup> most successful petition out of the 10,294 closed petitions.</i></p><p><i>While the group continues to press for change, it is helpful to reflect on the learning of their first year; specifically the development of the group and the use of e-petitions. This learning may be of use to other campaigners, to people thinking of online campaigning and also to those interested in online groups.</i></p><p><i>This reflective account draws on the experiences of the individuals concerned and the private resource of communications between the group. It looks back on their experience from October 2011 to November 2012 when the petition closed, and reflects on the story of Pat’s Petition.</i></p>
2
Peck, Linda Levy. "“For a King not to be bountiful were a fault”: Perspectives on Court Patronage in Early Stuart England." Journal of British Studies 25, no. 1 (January 1986): 31–61. http://dx.doi.org/10.1086/385853.
Full textAbstract:
In an exhibition at the National Portrait Gallery of the work of William Dobson entitled “The Royalists at War,” one portrait among the Cavalier soldiers and commanders was that of Sir Thomas Aylesbury. Aylesbury holds in his hand a document that begins, “To the King's most Excellent Majesty The Humble Petition.” By posing in his official black robes that evoke the solemnity of the law and by giving the petition prominence, Aylesbury celebrates his position as a master of requests. As a master of requests even at Oxford in the 1640s, it was his role to present petitions to the king asking for redress of grievances or for personal advancement, in short, asking for royal bounty. As Dobson's portrait signifies, such petitions were not merely the seedy clamorings of early Stuart courtiers but an open and important link between the monarch and the subject, one suitable for commemoration in portraiture. The painting makes concrete, even in the midst of civil war, the king's traditional role as guarantor of justice and giver of favor. While the king's promise of justice goes back to early Anglo-Saxon dooms and tenth-century coronation oaths, his giving of largesse had expanded with the Renaissance monarchy of the Tudors.Historians of early modern Europe have become interested in court patronage as they have analyzed politics and political elites. From the fifteenth to the eighteenth century, from the work of MacFarlane to Namier, the study of relationships between patrons and clients has been at the forefront of modern historiography.
3
King, Nancy J. "Non-Capital Habeas Cases after Appellate Review: An Empirical Analysis." Federal Sentencing Reporter 24, no. 4 (April 1, 2012): 308–20. http://dx.doi.org/10.1525/fsr.2012.24.4.308.
Full textAbstract:
In 2007, researchers from the National Center for State Courts and Vanderbilt University Law School reported the findings from a study of litigation in 2384 randomly selected, non-capital habeas cases, approximately 6.5% of the non-capital habeas cases commenced in federal district courts in 2003 and 2004 by state prisoners. In this article, I update that report, including the cases that were pending when the 2007 report was prepared, following the study cases into the federal courts of appeals, and back into the state courts. Even after appellate review of denials and dismissals, the percentage of non-capital petitioners receiving federal habeas relief remains less than the 1% rate reported prior to AEDPA. Descriptive findings include appeals and requests to file successive petitions by circuit, and rulings on certificates of appealability by circuit. Detailed information regarding each case receiving relief in federal court is also included.
4
Janzen, Philip. "“LookingForwardAlways toAfrica”:William George Emanuel and the Politics of Repatriation in Cuba, 1894–1906." Americas 78, no. 1 (January 2021): 37–59. http://dx.doi.org/10.1017/tam.2020.40.
Full textAbstract:
AbstractThis article examines a back-to-Africa movement from early twentieth-century Cuba. The leader, William George Emanuel, arrived in Cuba from Antigua in 1894, and over the next several years, he worked to unite thecabildos de naciónandsociedades de coloron the island. After independence in 1898, Emanuel and his followers rejected Cuban citizenship and began petitioning Britain, the United States, Belgium, and the Gold Coast for land grants in West and Central Africa. Each petition, however, told a different story. Emanuel skillfully tailored his appeals according to his audience, variously claiming that he and his followers were “British,” “African,” “Congolese,” or “Mina,” among other identities. Anticipating the rise of Marcus Garvey by over a decade, Emanuel's campaign reveals an overlooked pan-Africanist strand in the typical narrative for this period of Cuban history. Drawing mainly on the petitions themselves, the article analyzes how Emanuel blended the languages of empire, nation, race, and ethnicity to create a dynamic pan-African identity. More generally, the article demonstrates how marginalized groups have long negotiated the boundaries of identity in the pursuit of belonging.
5
Hare, Christopher. "BANKER’S LIABILITY FOR POST-PETITION DISPOSITIONS." Cambridge Law Journal 60, no. 3 (November 21, 2001): 441–92. http://dx.doi.org/10.1017/s0008197301301198.
Full textAbstract:
Once a petition to wind-up a company has been presented, a balance must be struck between two competing interests. On the one hand, the allegedly insolvent company must be allowed to continue trading until the court has had an opportunity to examine the bien-fondé of the petition; on the other hand, the company’s directors must be prevented from dealing with the corporate assets in a way detrimental to the interests of the general creditors. This balance is struck by the Insolvency Act 1986, s. 127, which provides that, upon the granting of a winding-up order, any “dispositions” of the company’s property in the period following the presentation of the petition are retrospectively avoided, unless the court orders otherwise. The courts have, however, had considerable difficulty in applying this provision to the post-petition operation of a company’s current account and, in particular, have failed to adopt a consistent approach to the potential liability of a bank for continuing to operate such an account. The Court of Appeal addressed this problem in Hollicourt (Contracts) Ltd. v. Bank of Ireland [2001] 2 W.L.R. 290.
6
Monson, Jamie. "Defending the People's Railway in the Era of Liberalization: TAZARA in Southern Tanzania." Africa 76, no. 1 (February 2006): 113–30. http://dx.doi.org/10.3366/afr.2006.0004.
Full textAbstract:
AbstractWhen the services of the TAZARA railway in Tanzania were threatened with cutbacks in the 1980s and 1990s, rural community leaders wrote petitions of protest to district–level officials. In these petitions, they complained that railway decision–making was being guided by profit–making rather than nation–building priorities in response to pressure from the IMF and the World Bank. The railway had abandoned its original role as a servant of the people, they argued, employing the language of socialism, nationhood and pan–African solidarity that had been utilized by the state during the construction era in the 1970s. Yet the railway services sought by these local communities had facilitated their own entry into profit–seeking behaviour as entrepreneurs in the TAZARA corridor. The transition from socialism to liberalization along the TAZARA railway was therefore a negotiated process in which the meaning of concepts such as ‘privatization’, ‘profit’ and ‘freedom’ were contested.
7
Teeter, Emily. "Amunhotep Son of Hapu at Medinet Habu." Journal of Egyptian Archaeology 81, no. 1 (December 1995): 232–36. http://dx.doi.org/10.1177/030751339508100127.
Full textAbstract:
Publication of a fragmentary gilded limestone statue of a seated figure holding an unrolled papyrus. The statue, Chicago OIM 14321, excavated at Medinet Habu, is identified as Amunhotep son of Hapu. The inscriptions on the back pillar and the papyrus suggest that the figure was an intercessory through which petitions could be relayed to the god Amun. Demotic texts, graffiti, and small finds, provide evidence that a cult of Amunhotep son of Hapu flourished at Medinet Habu in the Ptolemaic Period.
8
Carpenter, Daniel, and Benjamin Schneer. "Party Formation through Petitions: The Whigs and the Bank War of 1832–1834." Studies in American Political Development 29, no. 2 (October 2015): 213–34. http://dx.doi.org/10.1017/s0898588x15000073.
Full textAbstract:
When President Andrew Jackson removed the public deposits from the Bank of the United States, he set off an economic and political crisis from which, scholars agree, the Whig Party emerged. We argue that petitioning in response to removal of the deposits shaped the emergence of the Whig Party, crystallizing a new line of Jacksonian opposition and dispensing with older lines of National Republican rhetoric and organization. Where petitioning against removal of the deposits was higher, the Whigs were more likely to emerge with organization and votes in the coming years. We test this implication empirically by using a new database of petitions sent to Congress during the banking crisis. We find that petitioning activity in 1834 is predictive of increased support for Whig Party candidates in subsequent presidential elections as well as stronger state Whig Party organization.
9
Effendi, Cucu Susilawati. "The Analysis of Obligation Disputes on Returned Partnership Funds in Religious High Court of Medan." International Journal of Nusantara Islam 5, no. 2 (February 6, 2018): 174–87. http://dx.doi.org/10.15575/ijni.v5i2.1917.
Full textAbstract:
This research is motivated by the partnership dispute on financing contract between PT. Bank Sumut Syariah;Branch Padang sidimpuan and Rip. Ongku Sutan Harahap. its dispute was occurred after the customer death,and so on causing the termination of the financing installment, because the financing is not covered by the insurance, so the bank asks the heir to be responsible for completing the remaining installment of the financing. The settlement of the dispute is settled through a litigation under the agreement of both parties to the dispute. The results of this study obtained that, PT. Bank Sumut Syariah Branch of Padangsidimpuan has neglected to apply the principle of prudence in the musyarakah (partnership) financing contract, namely disbursing financing funds without first being insured. Therefore, the Panel of Judges of Medan Religious Court granted the heirs' petition. But the decision was canceled by the Medan High Religious Court, because the Panel of Judges found a formal defect in the form of obscuur libel, error in persona, disqualification in person. The formal defect resulted in the lawsuit not being accepted or N.O. (Niet Ontvankelijk verklaard). With the verdict N.O (Niet Ontvankelijk verklaard), the case becomes the quo status, it means back to its original state. Thus, the partnership (musyarakah) financing contract will remain valid and binding on both parties, their rights and obligations must be implemented in accordance with the contract.
10
Belchem, John. "The Preston Cock, Adultery, Homophobia and the First Petition for Female Suffrage." Transactions of the Historic Society of Lancashire and Cheshire: Volume 170, Issue 1 170, no. 1 (January 1, 2021): 53–67. http://dx.doi.org/10.3828/transactions.170.7.
Full textAbstract:
Originally spurred by determination to bring the Manchester authorities to justice in the aftermath of the Peterloo massacre, Henry Hunt persisted in seeking to gain election for the popular constituency of Preston. Eventually successful in 1830, he entered parliament pledged to present every petition sent to him, including that from Mary Smith calling for female suffrage. Having provided a rational vindication of the rights of women, her petition descended into a diatribe against married men who indulged in homosexual acts to the despair of their suicidal wives. This was a thinly veiled reference to alleged goings on in the household of the radical journalist William Cobbett. This article seeks to place in context the allegations and subsequent heated controversy by examining the long-term relationship between Hunt and Cobbett, dating back to the early nineteenth century and their mutual conversion from loyalism to radicalism. Already strained by the longstanding animus of Cobbett’s wife towards Hunt on account of his adulterous domestic circumstances, the radical allies were increasingly at odds in the years after Peterloo, divided over political and personal issues in a bewildering and increasingly unrestrained manner. Jealous of Hunt’s electoral success at Preston and furious with his radical condemnation of the Reform Bill, Cobbett inveighed against the ‘Preston Cock’. Hunt responded in kind, repeating allegations soon taken up in Mary Smith’s petition. Historians have simply noted how the petition was greeted with derision, but as this article shows, it merits deeper study. An early milestone on the long journey to secure votes for women, Mary Smith’s petition reveals political, personal and sexual divisions in early nineteenth-century radicalism - over feminism, homosexuality and adultery - attitudes and prejudices which inhibited any decisive pre-Victorian advance beyond manhood suffrage. The article concludes with a postscript noting Hunt’s fall from favour as the Reform Bill was passed, losing his Preston seat in the first election under the new propertied franchise. He died shortly thereafter but was rehabilitated and revered a few years later by the Chartists. His presentation of the first petition for female suffrage has seemingly been lost from history.
11
Schiffrin, Natalia. "Jamaica Withdraws the Right of Individual Petition under the International Covenant on Civil and Political Rights." American Journal of International Law 92, no. 3 (July 1998): 563–68. http://dx.doi.org/10.2307/2997931.
Full textAbstract:
In October 1997, a little-noticed event took place at the United Nations that may roll back the international legal protection of human rights. Jamaica became the first country to denounce the Optional Protocol to the International Covenant on Civil and Political Rights (ICCPR), and thus withdrew the right of individual petition to the UN Human Rights Committee (Committee). Although it is provided for under the Protocol’s Article 12, no state has previously made such a denunciation.
12
Spieckermann, Hermann. "From the Psalter back to the Psalms. Observations and Suggestions." Zeitschrift für die alttestamentliche Wissenschaft 132, no. 1 (March 3, 2020): 1–22. http://dx.doi.org/10.1515/zaw-2020-0008.
Full textAbstract:
AbstractThe essay is a plea for ending the hunt for the message inscribed into the final shaping of the Psalter. After the psalms had to suffer from exaggerated form-critical categorisation and other approaches, the Psalter is not in need of having its content labelled with inadequate generalising terms. The complexity of the psalms does not favour this approach. Instead, the psalms are waiting to be appreciated as textual individuals and each psalm as part of its special position in a manageable cluster of texts. In view of the Psalter as a whole the predominance of petition and praise, manifest in the title Tehillim, deserves closer theological attention.
13
Amir, Mushaddiq. "Keserentakan Pemilu 2024 yang Paling Ideal Berdasarkan Putusan Mahkamah Konstitusi Republik Indonesia." Al-Ishlah : Jurnal Ilmiah Hukum 23, no. 2 (October 20, 2020): 115–31. http://dx.doi.org/10.33096/aijih.v23i2.41.
Full textAbstract:
The holding of concurrent elections on April 17 2019 is a new history in the general election process in Indonesia. This is the implication of the Constitutional Court Decision Number 14 /PUU/2013 on the review of Law Number 42 of 2008 concerning the Election of President and Vice President. Although simultaneous elections have been considered better than previous elections, it does not mean that there are no shortcomings in the implementation. The most appalling problem is the large number of fatalities by the election organizers who are seen as the impact of the 2019 concurrent elections as well as other technical problems. Looking at various aspects raised from the 2019 elections, the Association for Elections and Democracy (Perludem) conducted a review of the material of the Law on the 1945 Constitution to the Constitutional Court as outlined in the Constitutional Court Decision Number 55/PUU-XVII/2019. In their argument, the petitioner conveys a number of things related to the analysis that has been carried out in the holding of simultaneous elections held in 2019 yesterday. In the results of the decision, the Constitutional Court rejected the petition of the petitioner in its entirety because it was considered to be groundless. However, the Constitutional Court provides choices regarding election models that can be chosen and considered constitutional based on the 1945 Constitution.
Abstrak:Terselenggaranya pemilu serentak pada tanggal 17 April 2019 merupakan sejarah baru dalam proses pemilihan umum yang ada di Indonesia. Hal ini merupakan implikasi dari Putusan Mahkamah Konstitusi Nomor 14/PUU/2013 perkara pengujian Undang-Undang Nomor 42 Tahun 2008 Tentang Pemilihan Umum Presiden dan Wakil Presiden. Meskipun pemilu serentak sudah dinilai lebih baik dari pemilu-pemilu sebelummnya bukan berarti dalam pelaksaanannya tidak memiliki kekurangan. Masalah yang paling menggemparkan adalah banyaknya korban jiwa oleh penyelenggara pemilu yang dinilai sebagai dampak pelaksanaan pemilu serentak 2019 serta masalh masalah teknis lainnya. Melihat dari berbagai sisi yang ditumbulkan dari pemilu 2019, maka Perkumpulan Untuk Pemilu dan Demokrasi (Perludem) melakukan uji materiil Undang-undang terhadap Undang-Undang Dasar 1945 ke Mahkamah Konstitusi yang dituangkan kedalam Putusan Mahkamah Konstitusi Nomor 55/PUU-XVII/2019. Didalam argumentasinya, pemohon menyampaikan beberapa hal terkait dengan analisa yang telah dilakukan dalam penyelenggaraan pemilu serentak yang dilaksanakan pada tahun 2019 kemarin. Dalam hasil keputusan tersebut, Mahkamah Konstitusi menolak permohonan pemohon untuk seluruhnya karena dianggap permohonan tersebut tidak beralasan hukum. Akan tetapi Mahkamah Konstitusi memberikan pilihan terkait model-model keserentakan pemilu yang dapat dipilih dan dinilai konstitusional berdasarkan UUD 1945.
14
Anisimov, Evgenii V., and Тamara N. Tatsenko. "Petition Testament of Crown Princess Charlotte Christina Sophia of Wolfenbьttel (1715): The History of the Original and Translations." Izvestia of the Ural federal university. Series 2. Humanities and Arts 24, no. 4 (2022): 160–72. http://dx.doi.org/10.15826/izv2.2022.24.4.070.
Full textAbstract:
This paper aims to introduce an important document of the Petrine time into scholarly circulation. The last will of the wife of Tsarevich Alexei, Crown Princess Charlotte Christina Sophia, written on the day of her death on October 21, 1715, in the form of a petition addressed to her father-in-law — Peter I — has been known until now only in two translations, made in the eighteenth and in the first half of the nineteenth centuries, going back to an unknown original. This publication contains the text of the petition testament of Crown Princess Charlotte Christina Sophia recently discovered by A. V. Morokhin in the Manuscripts Department of the Russian National Library (St Petersburg). The document is in German written in fluent Neo-Gothic italics of the early eighteenth century on both sides of two sheets of yellowed paper. Comparing the signatures of Crown Princess Charlotte Christina Sophia under several of her letters originating from the archives of Germany with the signature on the document published makes it possible to conclude that the document is authentic. The article provides a complete transcription of the original source, as well as its literal translation into modern Russian. A comparative analysis of the original text with later editions of the petition testament allows the authors to define the newly found document as the original source. The letter of Crown Princess Charlotte Christina Sophia is considered in the broad context of the political and dynastic history of the Petrine state. The circumstances that come to light during the analysis of the tragic story of Princess Charlotte’s death help visualise the expressive features of everyday life in Peter I’s inner family circle.
15
Lumbanraja, Anggita Doramia. "Peran Hakim Pengadilan Tata Usaha Negara Dalam Penyelesaian Sengketa Keputusan Fiktif Positif." Administrative Law and Governance Journal 2, no. 4 (November 14, 2019): 677–85. http://dx.doi.org/10.14710/alj.v2i4.677-685.
Full textAbstract:
In the Lex Silencio Positivo cases, there is no Consultative Meeting and Preparatory Examination. Meanwhile, the two examinations are necessary. This research intends to explore the Role of Judges in Lex Silencio Positivo cases where the Judge does not get a particular stage to examine the Applicants' petition files, both formal and material terms. This study uses the normative juridical method. The results of this study Judges play an essential role in distributing the burden of evidence fairly. The Judge should also carefully examine the Applicants' petition files to prevent the misuse of Positive Fictitious Decisions by the Applicants Keywords: Judges, Lex Silencio Positivo, Evidence. AbstrakPada Penyelesaian Sengketa Keputusan Fiktif Positif tidak ada Rapat Permusyawaratan dan Pemeriksaan Persiapan karena sifatnya yang berupa permohonan. Sementara kedua pemeriksaan tersebut penting karena untuk memeriksa dari segi formil dan segi materiil. Penelitian ini hendak menggali Peran Hakim pada Penyelesaian Sengketa Keputusan Fiktif Positif di mana Hakim tidak mendapatkan tahapan khusus untuk memeriksa berkas Permohonan Pemohon baik dari segi formil maupun materiil. Penelitian ini menggunakan metode yuridis normatif dalam. Hasil dari penelitian ini Hakim memegang peranan penting dalam membagi beban pembuktian secara adil. Hakim juga harus memeriksa dengan teliti berkas Permohonan Pemohon untuk mencegah terjadinya penyalahgunaan Keputusan Fiktif Positif oleh Pemohon. Kata Kunci : Hakim, Keputusan Fiktif Positif, Pembuktian.
16
Castelli, Mireille D. "Remarques sur le nouveau droit de la famille et le droit des successions." Les Cahiers de droit 25, no. 3 (April 12, 2005): 719–24. http://dx.doi.org/10.7202/042618ar.
Full textAbstract:
Recent changes in Family Law have indirectly brought on changes in the law of successions. On two points, however, proposed solutions are uncertain. The first point involves adoption and the relative scope of Articles 626 and 623 of the Québec Civil Code. Do the effects of the adoption go back in time to the day that the placement application for adoption was filed in the event that one of the adopters is deceased some time between the petition for placement and the application for adoption ? The second point concerns the effects of natural filiation. Does Article 594 of the Québec Civil Code eliminate all differences between the two kinds of filiation ?
17
Pallitto, Robert. "The Legacy of the Magna Carta in Recent Supreme Court Decisions on Detainees' Rights." PS: Political Science & Politics 43, no. 03 (June 30, 2010): 483–86. http://dx.doi.org/10.1017/s1049096510000624.
Full textAbstract:
The legacy of the Magna Carta is apparent in the Supreme Court's recent decisions regarding detainees' rights. Asked to evaluate strong claims of executive power, the Court has had occasion to consider the origin and scope of habeas corpus, which many scholars see as a product of the Magna Carta. The majority opinion inBoumedienev.Bush(2008) traced the history of the writ of habeas corpus back to the Magna Carta and relied on that lineage to rule that Guantanamo detainees were entitled to petition for habeas corpus, even though Congress had explicitly denied them that right in the 2006 Military Commissions Act (MCA) and the 2005 Detainee Treatment Act (DTA).
18
Prasomya, Diannita Anjar, and Budi Santoso. "Tinjauan Yuridis Pembatalan Merek Dagang Terkait Prinsip Itikad Baik Dalam Sistem Pendaftaran Merek." Notarius 15, no. 2 (December 27, 2022): 660–75. http://dx.doi.org/10.14710/nts.v15i2.27522.
Full textAbstract:
AbstractThis jurnal article discusses the owners of trademark rights in general who apply for the cancellation of the mark for other parties who resemble their mark. However, in reality there are parties who are not entitled to be aware of their mistakes, so in good faith they make an application for cancellation of the mark. The purpose of this study is to find out the arrangements for cancellation of a mark in good faith under Law Number 20 of 2016 concerning Trademarks and Geographical Indications. The result of the research is to explain the development of good faith principle regulation from time to time with the latest amendment regulating the provisions on good faith as stated in Article 21 paragraph (3) regarding the application being rejected if submitted by a Petitioner with bad faith, as well as explained in the Explanation section regarding the Petitioner. in bad faith, as well as Article 77 paragraph (2) related to a lawsuit for cancellation can be filed indefinitely if there is an element of bad faith and the implementation of the principle of good faith in the trademark registration system in cases of cancellation of a registered trademark is that a trademark must be registered in good faith, because if there is an element of bad faith, the mark is canceled.Keywords : development; cancellation; good faithAbstrakArtikel jurnal ini membahas pemilik hak atas merek pada umumnya mengajukan permohonan pembatalan merek bagi pihak lain yang menyerupai mereknya. Namun, dalam realitanya adanya pihak yang tidak berhak menyadari kekeliruannya, sehingga dengan Itikad baik melakukan permohonan pengajuan pembatalan merek. Tujuan dari studi ini untuk mengetahui pengaturan atas pembatalan merek dengan itikad baik dalam Undang-Undang Nomor 20 Tahun 2016 Tentang Merek dan Indikasi Geografis. Hasil penelitian adalah menjelaskan perkembangan pengaturan prinsip itikad baik dari waktu ke waktu dengan perubahan terakhir yang mengatur ketentuan tentang itikad baik sebagaimana tercantum pada Pasal 21 ayat (3) tentang permohonanditolakjikadiajukanoleh Pemohon yang beriktikad tidak baik, serta dijelaskan dalam bagian Penjelasan terkait Pemohon yang beriktikad tidak baik, serta Pasal 77 ayat (2) terkait gugatan pembatalan dapat diajukan tanpa batas waktu jika terdapat unsure iktikad tidak baik serta Implementasi prinsip itikad baik dalam sistem pendaftaran merek pada perkara-perkara pembatalan merek dagang terdaftar adalah merek harus didaftar dengan itikad baik, karena apabila terdapat unsur iktikad tidak baik maka merek tersebut dibatalkan.Kata kunci : perkembangan; pembatalan; iktikad baik
19
Rugian, Irene Angelita. "Prinsip Proporsionalitas dalam Pengujian Undang-Undang Terhadap UUD NRI 1945 (Studi Perbandingan di Indonesia dan Jerman)." Jurist-Diction 4, no. 4 (July 1, 2021): 1479. http://dx.doi.org/10.20473/jd.v4i4.28482.
Full textAbstract:
AbstractIn several decisions that have been decided by the Mahkamah Konstitusi, some of the judges considerations only test norms with benchmarks contrary to the UUD NRI 1945 or not? However, MK has not tested the basis of the petition itself, there are limitation of rights, open legal policy, and the real harm felt by the petitioner. Therefore, it is necessary to have a principle of proportionality that can be used by judges to assist in deciding cases related to limiting rights and open legal policy. In order to know the concept of the principle of proportionality, it is necessary to conduct a comparative study between Indonesia and Germany by analyzing the concept and development of this principle. The method used is legal research with a statute approach, a case approach, a comparative approach and a conceptual approach. From the results of these studies, it was found that the principle of proportionality in Germany was well conceptualized and developed rapidly. In fact, this principle has become a general principle in the Germany Federal Constitutional Court. Meanwhile in Indonesia, this principle is still unknown and undeveloped like Germany.Keywords: The Principle of Proportionality; Legitimate Aim; Suitability; Neccesity; Balancing in Narrow Sense.AbstrakDalam beberapa putusan yang telah diputus oleh MK, beberapa pertimbangan hakim hanya menguji norma dengan tolak ukur bertentangan dengan UUD NRI 1945 atau tidak? Namun, MK belum menguji sampai kepada dasar dari permohonan itu sendiri, yaitu pembatasan hak, open legal policy, dan kerugian yang nyata dirasakan oleh pemohon. Maka dari itu, perlu adanya prinsip proporsionalitas yang dapat digunakan para hakim untuk membantu memutus perkara yang berkaitan dengan pembatasan hak dan open legal policy. Agar mengetahui konsep dari prinsip proporsionalitas, maka perlu melakukan studi perbandingan antara Indonesia dan Jerman dengan menganalisis konsep dan perkembangan prinsip tersebut. Metode yang digunakan adalah legal research dengan pendekatan statute approach, case approach, comparative approach dan conceptual appoach. Hasil penelitian ditemukan bahwa prinsip proporsionalitas di Jerman telah terkonsep dengan baik dan berkembang dengan pesat. Bahkan prinsip tersebut telah menjadi prinsip umum dalam Germany Federal Constitutional Court. Sedangkan di Indonesia, prinsip tersebut masih belum dikenal oleh MK. Sehingga, proporsionalitas belum memiliki konsep yang jelas dan tidak berkembang seperti negara Jerman.Kata Kunci: Prinsip Proporsionalitas; Legitimate Aim; Suitability; Neccesity; Balancing in Narrow Sense.
20
Kretzmer, David. "The law of belligerent occupation in the Supreme Court of Israel." International Review of the Red Cross 94, no. 885 (March 2012): 207–36. http://dx.doi.org/10.1017/s1816383112000446.
Full textAbstract:
AbstractSince the 1967 War, in the course of which Israel occupied the West Bank and Gaza, the Supreme Court of Israel has considered thousands of petitions relating to acts of the military and other authorities in those territories (OT). This article reviews the contribution to the law of belligerent occupation of the Court's jurisprudence in these cases. After discussing issues of jurisdiction and the applicable norms, the article reviews the way in which the Court has interpreted military needs, the welfare of the local population, changes in the local law, and use of resources; the attitude of the Court to the long-term nature of the occupation and the existence of Israeli settlements, settlers, and commuters in the OT; the introduction of a three-pronged test of proportionality in assessing military necessity; and hostilities in occupied territories. In the final section, I draw some general conclusions on the Court's contribution to the law of occupation.
21
Mudita, I. Komang Mudita, I. Nyoman Sujana, and Desak Gde Dwi Arini. "Kedudukan Bank Indonesia (BI) sebagai Pemohon Pailit Setelah Berdirinya Otoritas Jasa Keuangan (OJK)." Jurnal Interpretasi Hukum 1, no. 2 (September 26, 2020): 46–51. http://dx.doi.org/10.22225/juinhum.1.2.2433.46-51.
Full textAbstract:
In its development banking institutions play a very important role and Act Number 3 of 2004 concerning About Bank Indonesia. After the birth of Law Number 21 of 2011 concerning the Financial Services Authority. It is very
interesting to study. What are the considerations taken by Bank Indonesia as a Bankrupt Petitioner after the existence of the Financial Services Authority and What is the Role of Bank Indonesia in Resolving Bankrupt Requests Against Banks. In this study the author uses the type of normative research from primary legal sources secondary legal materials. Article 2 paragraph (3) No. 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations gives Bank Indonesia sole authority to submit bankruptcy applications to banks as creditors. the results of this study indicate that the authority to submit bankruptcy bank applications after the establishment of the Financial Services Authority the Financial Services Authority is to take into account whether the banks status has a systemic impact when the bank is filed for bankruptcy statements. The Financial Services Authority in this case can request consideration with Bank Indonesia about systemic impact of a bank. But the fact is Bank Indonesia still has authority of macropudentials
22
Aldrich, Mark. "The Great Sidetrack War: In Which Downtown Merchants and thePhiladelphia North AmericanDefeat the Pennsylvania Railroad, 1903–1904." Journal of the Gilded Age and Progressive Era 13, no. 4 (October 2014): 500–531. http://dx.doi.org/10.1017/s1537781414000395.
Full textAbstract:
On November 21, 1903, the Pennsylvania Railroad announced that its north-south through trains would no longer enter Broad Street Station in downtown Philadelphia and would stop instead at West Philadelphia. Nor would the company sell tickets from that station to downtown. These schedule changes, which seemed minor to the company and were intended to reduce congestion in the central city, threatened downtown merchants and manufacturers who worried that buyers would shift to more accessible cities. Philadelphia had been sidetracked, theNorth Americanreported. The result was an eruption of boycotts, protests, and petitions that pitted nearly every local trade association against the railroad. Encouraged by theNorth American's editorials, partisan reporting, and stinging cartoons, the protesters forced the Pennsylvania to back down, and in March 1904, through trains returned to Broad Street. The newspaper cloaked this local business dispute in the language of antimonopoly, linking the fears of small businessmen to national anti-railroad concerns. The sidetrack episode also helped launch modern corporate public relations, as the Pennsylvania—stung by this threat to corporate autonomy—soon hired Ivy Lee as its first publicity agent.
23
Paulose, Regina Menachery. "A New Dawn? Statelessness and Assam." Groningen Journal of International Law 7, no. 1 (August 27, 2019): 99–111. http://dx.doi.org/10.21827/5d5141d9ebe6a.
Full textAbstract:
This article explores the ongoing crisis of statelessness that has been created because of a petition made by the people of Assam, India to update the electoral rolls in the state. As a result of the process, which has been approved by the Supreme Court of India, an estimated 4 million people have become stateless. The government has stated that these 4 million people risk deportation back to Bangladesh. This article will briefly examine the history of the situation that has unfolded in Assam; discuss the role of statelessness and how it may lead to genocide, underscoring the importance to act and find robust solutions. Finally, the author will conclude by discussing potential actions that India should take in order to resolve future cases of statelessness, specifically examining the Global Compact on Refugees and other instruments provided for within international refugee law.
24
Sutiyoso, Bambang. "Kewenangan Mahkamah Konstitusi dalam Pemakzulan Presiden dan/atau Wakil Presiden di Indonesia." Jurnal Konstitusi 7, no. 1 (May 20, 2016): 091. http://dx.doi.org/10.31078/jk716.
Full textAbstract:
The idea of impeachment (pemakzulan) towards the incumbent president of Indonesia surfaces recently. This could be the cause of two main grounds. First, regarding the ongoing investigation process of the Century Bank case. In the beginning, the presumption charges merely towards the monetary policy officials and the concerning president’s assistants, but during the further investigations, a number of political parties, in not so vigorously manner pointed the charges to the incumbent presidents because of the indication of responsibility toward the bailout process of Century Bank. Second, the idea of presidential impeachment got its nudge when the Constitutional Court also declaring that its components are ready in processing the impeachment petition, after it has surfaced the Constitutional Court Rule (Peraturan Mahkamah Konstitusi) No. 21/PMK/2009 on the Guidelines in Judicial Procedures in Hearing the Parliamentary Petition in Violation Charges Towards President of the Republic and/or Vice President of the Republic. Third, Presidential and / or Vice Presidential Impeachments has already been occurred in the history of Indonesian nation, namely towards past Indonesian Presidents such as Sukarno, Suharto and KH. Abdurrahman Wahid.This writing attempts to discuss issues regarding presidential impeachment in Indonesia, such as the power of the Constitutional Court in impeachment process, the legal grounds of impeachments, reasons for impeachments and the procedural mechanism of impeachment. Constitutionally, the procedures and mechanism of presidential and / or vice presidential impeachment has been regulated comprehensively in the Constitution of the Republic of Indonesia, specifically in Article 7 B, Article 24 (2), and Article 24 C of the 1945 Constitution after the Third Amendment. Based on these regulations, impeachment is not a simple process, but requires a long process and involving a number of high state institutions, namely People’s Representative Council (DPR), The Constitutional Court, and People Consultative Assembly (MPR). The involvement of the Constitutional Court in the impeachment process can be related toward historical experiences and as a logical consequence of the constitutional transformation of Indonesia. Beside that, the idea of presidential and / or vice presidential impeachment should not be based merely on political motivation, but should also have the reasonable legal grounds and rationale.
25
Zuev, Andrey S. "Boyar Gantimur from Bogdoy Khan: Birth and Debunk of a Myth." History 19, no. 8 (2020): 9–34. http://dx.doi.org/10.25205/1818-7919-2020-19-8-9-34.
Full textAbstract:
This article discusses the main facts about one of the leaders of the nomadic Ewenkis of Transbaikalia Gantimur, who in 1666/67 left Qing empire and got through the process of naturalization in Russia. The author criticizes the narrative that is widespread in the state and local historical works and genealogical writings. According to it, Gantimur belonged to the Manchu ruling elite and allegedly participated in 1655 in the attack on the Russian Komarsky ostrog (fortress), located on the right bank of the Amur. Based on the analysis of a broad range of archival and published sources (petitions of Gantimur and his descendants, reports of Russian explorers and administrators, diplomatic documents drawn up during the Russian-Manchu negotiations) and historical research, it is shown, how this narrative appeared and became prevalent. The author proves that this historical myth does not correspond to real facts and was fabricated by the grandchildren of Gantimur in order to improve their status in the Russian social hierarchy and increase wealth. This article concludes by arguing that Gantimur was not part of the Manchu elite and did not take part in the Manchu campaigns on the Amur river.
26
Gatti, Nicoletta, and Daniel Yeboah. "Cursing Back to Life? From Psalms to Imprecatory Prayers: An Intercultural Reading." Biblische Zeitschrift 63, no. 1 (February 5, 2019): 1–29. http://dx.doi.org/10.30965/25890468-06301001.
Full textAbstract:
Abstract Imprecatory prayer is becoming a common phenomenon in Ghana. This plea seeks the complete annihilation of human enemies believed to be the cause of the woes the petitioners face. However, ecclesiastic authorities and academic world find it difficult to dialogue with the practice and reject imprecatory prayers as ‘unchristian.’ Interestingly enough, the same attitude is manifested towards portions of the Bible which contain ‘imprecatory prayers’: The Psalter. As a consequence, while the Historic Mission Churches forbid imprecatory prayers, their members flock to the Charismatic and Prophetic Churches. Against this background, the article analyses Ps 58, one of the ‘imprecatory psalms’ excluded by the official prayers of Historic Mission Churches, to understand its call to action and the perlocutory effect on the reader. The article concludes that the ‘imprecatory prayers’ can be a powerful educational tool to see the world with the eyes of the victims: it offers them a model of prayer of “cursing back to life;” a painful way to reconciliation and to rediscovering justice.
27
Khan, Nokhaiz Tariq, Javed Aslam, Ateeq Abdul Rauf, and Yun Bae Kim. "The Case of South Korean Airlines-Within-Airlines Model: Helping Full-Service Carriers Challenge Low-Cost Carriers." Sustainability 14, no. 6 (March 16, 2022): 3468. http://dx.doi.org/10.3390/su14063468.
Full textAbstract:
The South Korean aviation market has grown rapidly since the emergence of Low-Cost Carriers (LCCs), and in response to this emergence, the two Full-Service Carriers (FSCs) of South Korea adopted the airline-within-airline (AWA) model and introduced their LCCs to compete with independent LCCs (ILCCs). A few years back, ILCCs filed a petition against Asiana Airlines, one of the two FSCs in South Korea, as Asiana Air was launching another subsidiary on the model of AWA. This, interestingly, indicates that AWA are doing well in the South Korean aviation market. However, a detailed study is required to evaluate the performance of this model, as in the global market the success of AWA is blurred. This study attempts to shed light on the performance of South Korean AWA, which may provide fruitful insights considering the post-COVID-19 dynamics of the aviation market.
28
Melzer, Nils. "TARGETED KILLING OR LESS HARMFUL MEANS? – ISRAEL'S HIGH COURT JUDGMENT ON TARGETED KILLING AND THE RESTRICTIVE FUNCTION OF MILITARY NECESSITY." Yearbook of International Humanitarian Law 9 (December 2006): 87–113. http://dx.doi.org/10.1017/s1389135906000870.
Full textAbstract:
In November 2000, a few weeks after the outbreak of a major uprising in the occupied West Bank and Gaza Strip, the Israeli government officially acknowledged it was operating a policy of targeted killing against selected Palestinian militants. On 14 January 2002, an Israeli (PCATI) and a Palestinian (LAW) human rights group jointly submitted a petition to the Israeli High Court to halt the policy and to issue an interim order suspending its implementation. The Court subsequently refused to issue the requested interim order and, when it finally delivered its judgment in the case on 14 December 2006, at least 213 targeted persons and 137 bystanders had been killed and hundreds of others injured in operations of targeted killing. In its judgment, the Court neither banned nor justified the state policy as a whole, but ruled that the lawfulness of targeted killings must be examined separately for each operation.
29
Rosenband, Leonard N. "The Perils of Petty Production: Pierre and Jean-Baptiste Serve of Chamalières." Science in Context 11, no. 1 (1998): 3–21. http://dx.doi.org/10.1017/s0269889700002891.
Full textAbstract:
The ArgumentThis essay examines the prospects and plans of a family of small-scale French papermakers, the Serves, from the 1780s to the 1830s. It explores the interplay of risk, the state, labor discipline, and technological diffusion. Pierre Serve petitioned the monarchy, the Revolutionary state, and the Napoleonic regime for a subsidy to install Hollander beaters, a machine that macerated rags, in his shops. His son pursued a law to humble the journeymen paperworkers, whose custom and skill continuously challenged the Serves' mastery of their mill. Timely responses from the state, which favored large producers, never came. Consequently, the Serves fell back on their own resources and the market, which determined their fate.
30
Bhatt, P. R., and R. Rathish Bhatt. "Managing Change at Muhibbah Engineering (M) Bhd." South Asian Journal of Business and Management Cases 6, no. 1 (May 25, 2017): 12–25. http://dx.doi.org/10.1177/2277977917698252.
Full textAbstract:
Tuan Haji Mohamed Taib bin Ibrahim, chairman of Muhibbah Engineering Bhd (MEB), called a meeting of the board of directors to discuss the issue of Asia Petroleum Hub (APH) project on 27 July 2012. The construction works for APH were stopped as APH financier of CIMB Bank Bhd, suspended its financing in 2009. Asia Petroleum Hub was later wound up under a winding-up petition filed by a creditor in October 2012. Muhibbah board decided to pay net debt exposure of RM 245 million certified claims from APH keeping Muhibbah’s right to pursue recovery. Mac Ngan Boon, the managing director, suggested drastic changes in the company’s structure, roles, responsibilities and organizational culture to put the company on a path to sustainable profits. Datuk Zakaria bin Abdul Hamid, vice chairman and independent non-executive director, and Abd Hamid bin Ibrahim, another independent non-executive director, endorsed Mac Ngan Boon’s suggestions. The board has to decide the way forward.
31
Sardjono, Setyo, Hulman Panjaitan, Hendri Jayadi, and Tomson Situmeang. "PERLINDUNGAN HUKUM ATAS PELEPASAN HAK ISTIMEWA BAGI PEMEGANG CORPORATE GUARANTEE AKIBAT WANPRESTASI DEBITOR BANK." Honeste Vivere 33, no. 1 (January 16, 2023): 15–22. http://dx.doi.org/10.55809/hv.v33i1.178.
Full textAbstract:
The bank's activity as an intermediary is to collect and distribute funds in the form of credit. Creditors in providing credit to debtors adhere to the principle of prudence, because creditors are faced with credit risk. For this reason, banks in providing credit to debtors have several conditions that must be met, including the existence of guarantees, both material (material) and immaterial (individual) guarantees. One form of individual guarantee is a guarantor (borghtoct), which is found in the case of the Supreme Court's Decision on Bankruptcy and PKPU. The research method used is normative research with a statutory approach. The results of the study found that the petitioned bankruptcy case was rejected or at least declared unacceptable because the PKPU applicant did not have legal standing because the facility agreement underlying the debt was legally invalid and therefore null and void, as well as the company guarantee deed as well as the legal limit.
32
Kretzmer, David. "The Advisory Opinion: The Light Treatment of International Humanitarian Law." American Journal of International Law 99, no. 1 (January 2005): 88–102. http://dx.doi.org/10.2307/3246092.
Full textAbstract:
Ever since the occupation of the West Bank and Gaza began in 1967, the Supreme Court of Israel has entertained petitions challenging actions of the Israeli authorities in those territories. The Court has delivered dozens of judgments in which it addressed questions of international humanitarian law in a situation of belligerent occupation. For a long time the Supreme Court was the sole judicial actor in this sphere. While its judgments were subjected to scrutiny and criticism by academics, no other judicial organs, domestic or international, ruled on the difficult legal issues discussed by the Court. The request for an advisory opinion provided the International Court of Justice (ICJ) with a unique opportunity to address and clarify some of the issues that had previously remained in the exclusive domain of the Supreme Court of Israel. Unfortunately, the Court did not take full advantage of this opportunity. As Judge Rosalyn Higgins noted in her separate opinion, the Court refrained from engaging in a detailed analysis of the law, thereby failing to follow “the tradition of using advisory opinions as an opportunity to elaborate and develop international law.” The opinion is especially weak on questions of international humanitarian law (IHL), which makes it extremely difficult to know what the Court actually decided on these questions.
33
Sekhri, Abhinav. "Rights or Benefits? The Indian Supreme Court and Criminal Procedure." Journal of National Law University Delhi 6, no. 1 (June 2019): 12–20. http://dx.doi.org/10.1177/2277401719870003.
Full textAbstract:
This article suggests that the recent decisions by the Indian Supreme Court in Mohan Lal v. State of Punjab, and Varinder Kumar v. State of H.P., are perhaps indicative of a more pervasive trend that stretches back to the dawn of the due process era in Indian law. This trend is one where the Supreme Court is confronted with systemic issues in the criminal process while dealing with petitions brought by singularly oppressed litigants, and it treats the litigation itself as a means to solve the perceived problem. The tool to solve these problem in the criminal process is the creation of new criminal procedure rights through the vehicle of Article 21. In its reformist zeal, scant attention is paid to the several important questions of scope and consequential remedy that are inherent to any notion of rights. Over time though, the Court seems to realise that hard cases make bad law. And when cases involving seemingly undeserving litigants start invoking those procedural rights, the Court signals a retreat and transforms the ‘right’ into a ‘benefit’, that it can dole out in only the most deserving cases. This is not a definitive study, but only offers a different perspective to examine the Supreme Court’s contribution to the field of criminal procedure.
34
Jesse, James. "Limitation Clauses at the African Regional Human Rights System and Tanzania: Reflection of Judicial Decisions." Eastern Africa Law Review 48, no. 1 (June 30, 2021): 62–101. http://dx.doi.org/10.56279/ealr.v48i1.2.
Full textAbstract:
Enjoyment of fundamental human rights as guaranteed by the African Charter or Constitution of Tanzania is subject to limitations which are set out by the ordinary law made by parliament. However, case law has demonstrated that no provision of the limitation clause in the African Charter or Constitution may be interpreted as permitting a State to suppress enjoyment or exercise of the rights and freedoms to a greater extent than reasonably required. Which tests or criteria should guide the court or other authorities depends on the instrument in question. Both the African Charter and the Constitution of Tanzania do not have clearer guiding criteria. Courts have attempted, nevertheless, to come up with criteria or tests by borrowing from international, other regional and domestic human rights systems. This article reviews case law from the African Court and Tanzania and finally proposes the adoption of the three-tier test in resolving tension when at issue before the Court is whether or not a legislation or conduct is saved by Article 30(2) of the Constitution which allows limitation of human rights. The benefit of adopting this approach would enable domestic courts to be consistent when deciding human rights petitions. Key Words: Limitation Clauses, Claw-back clauses, proportionality principle, necessary in a democratic society.
35
Milton, J. R. "Locke, William III, and the Reform of the Universities." Locke Studies 9 (December 31, 2009): 123–37. http://dx.doi.org/10.5206/ls.2009.906.
Full textAbstract:
Most of the major early modern philosophers attended university, but before Kant none of them spent a lifetime as a university teacher. Locke’s connections with the academic world were closer than most: he went up to Oxford in 1652, at the age of twenty, as a newly elected student of Christ Church, and he stayed there for nearly fifteen years. Though only intermittently in residence there- after, he retained his studentship until he was expelled by royal command in 1684. After the Revolution he drafted a petition to the king to have his place restored to him, but then withdrew it; according to Lady Masham he did not wish someone else to be deprived to make room for him. Locke wanted a public acknow- ledgement that he had been wronged, but he had no intention of returning to Christ Church and living again in the college. Neither his journal nor his letters contain any indication that he ever went back to Oxford.
36
Gallant, Linda, and Celia Wasserstein Fassberg. "Leading Decisions of the Supreme Court of Israel and Extracts of the Judgment." Israel Law Review 33, no. 1 (1999): 139–65. http://dx.doi.org/10.1017/s0021223700015922.
Full textAbstract:
Nafisi v. Nafisi (1996) 50(iii) P.D. 573The parties were married in 1944 in Persia (Iran), where they were domiciled. In 1979 the husband visited Israel, and during his stay he bought a shop in Tel-Aviv, which he registered in his name. In 1983 the couple and their five children immigrated to Israel. They lived in an apartment registered in both their names. Shortly after their arrival in the country, the husband opened two bank accounts in his name and deposited amounts totalling $320,000, which he had brought with him from Persia. In 1987 the couple's marriage broke down. Despite the rift, they both continued to live in the family home. The wife petitioned the court for a declaratory judgment stating that the shop and the money deposited in the bank accounts were jointly owned by both spouses. The District Court ruled in her favour. The Supreme Court accepted the husband's appeal and held that the wife had failed to prove her right to community property. The wife requested a further hearing in the Supreme Court on the matter, and in the further hearing, the Court ruled in her favour, by a majority decision.
37
Singh, Virendra. "Constitutional Morality Stimulating the Social and Health Order Issues in India." Asian Review of Social Sciences 8, no. 2 (May 5, 2019): 106–10. http://dx.doi.org/10.51983/arss-2019.8.2.1575.
Full textAbstract:
India attained the transitional phase of globalization around two decade back when the then (1991) existing government of India adapted the globalization policy. This could be considered as the impact of industrialization. But recently the nation has felt a paradigm change, when the judicial judgements shaked the minds of social scientists. Understanding of term “gender” was taken completely different from the social meaning it had. Always, it was considered that morals, values, folkways and mores were the source of law. But after discussed judgement on Navtej Singh Johar & Ors. …Petitioner(S) Versus Union Of India Thr. Secretary Ministry of Law And Justice(Section 377)& Shabrimala Case it is paradigm shift in the understanding as now it could be veracious to say that law has occupied the custody to replace the traditional social control devices or diplomacies.
38
Hoffmann, Joseph L. "Innocence and Federal Habeas after AEDPA: Time for the Supreme Court to Act." Federal Sentencing Reporter 24, no. 4 (April 1, 2012): 300–307. http://dx.doi.org/10.1525/fsr.2012.24.4.300.
Full textAbstract:
New empirical research shows that, since AEDPA, the likelihood of success in non-capital federal habeas corpus has dropped to less than one percent. Federal habeas courts continue to be concerned about the wrongful conviction of innocent defendants, but their role in such cases must be redefined. Habeas courts are structurally incapable of effectively screening and investigating claims of wrongful conviction; these responsibilities are better performed by extrajudicial actors such as innocence projects, innocence commissions, law school clinics, volunteer lawyers, and the media. The proper role of habeas is to provide a clear path to relief, unencumbered by procedural restrictions, for petitioners who can produce clear and convincing new evidence of innocence. The Supreme Court should help to create such a path by finally acknowledging the constitutional status of “bare innocence” claims based on new evidence.
39
Schusterman, Lauren. "A Suspended Death Sentence: Habeas Review of Expedited Removal Decisions." Michigan Law Review, no. 118.4 (2020): 655. http://dx.doi.org/10.36644/mlr.118.4.suspended.
Full textAbstract:
Expedited removal allows low-level immigration officers to summarily order the deportation of certain noncitizens, frequently with little to no judicial oversight. Noncitizens with legitimate asylum claims should not find themselves in expedited removal. When picked up by immigration authorities, they should be referred for a credible fear interview and then for more thorough proceedings. Although there is clear congressional intent that asylum seekers not be subjected to expedited removal, mounting evidence suggests that expedited removal fails to identify bona fide asylum seekers. Consequently, many of them are sent back to persecution. Such decisions have weighty consequences, but they have remained largely immune from judicial review. This is in part due to a provision of expedited removal, 8 U.S.C. § 1252(e)(2), that prevents the federal courts from hearing habeas petitions that challenge the decisions made in expedited removal. Circuit courts are split on whether this provision violates the Suspension Clause based on diverging interpretations of when noncitizens become entitled to habeas rights. This Note argues that, based on the Supreme Court’s interpretation of the Suspension Clause and the historical purpose of habeas review, noncitizens who are physically in the territorial United States are entitled to habeas rights. As a result, 8 U.S.C. § 1252(e)(2) is unconstitutional. Asylum seekers in the United States are entitled to habeas review of their expedited removal determinations unless Congress enacts an adequate substitute for this review.
40
Panepinto, Alice M. "Jurisdiction as Sovereignty Over Occupied Palestine." Social & Legal Studies 26, no. 3 (September 23, 2016): 311–32. http://dx.doi.org/10.1177/0964663916668002.
Full textAbstract:
In the context of prolonged occupation, it has long been argued that the Israeli Supreme Court (ISC), in High Court of Justice (HCJ) formation, is facilitating the entrenchment of a permanent regime of legalized control by moving away from a model of exception to ordinary civilian jurisdiction over the West Bank. This was recently demonstrated in the Khan-al-Ahmar case, in which a group of settlers petitioned the ISC/HCJ demanding the execution of a pending Israeli demolition order over a school in a Bedouin village in Palestine. The court sided with the army, deferring to a political solution for the transfer of the entire Bedouin community elsewhere. Drawing on existing scholarship and the author’s first-hand impressions of the final hearing, this article interprets the Khan-al-Ahmar case as an illustration of how the exceptional military nature of the occupation has shifted to a permanent regime of legalized control overseen by an ordinary civilian court.
41
Magribi, Imam, Dewi Tuti Muryati, and Supriyadi. "Perlindungan Hukum Bagi Kreditor Dalam Kaitannya Dengan Permohonan Pailit Yang Diajukan Oleh Debitor Studi Kasus Pada PT. BANK CIMB NIAGA Melawan PT. Sumatera Persada Energi." Hukum dan Masyarakat Madani 7, no. 2 (May 13, 2017): 119. http://dx.doi.org/10.26623/humani.v7i2.1026.
Full textAbstract:
<p>Tindakan Pailit adalah suatu sitaan umum atas semua kekayaan Debitor Pailit yang pengurusan dan pemberesannya dilakukan oleh Kurator dibawah pengawasan Hakim Pengawas. Harta pailit akan dibagikan sesuai dengan porsi besarnya tuntutan Kreditor. Berdasarkan latar belakang maka yang menjadi pokok permasalahan dari penelitian ini adalah bagaimana perlindungan hukum kreditor atas kepailitan yang diajukan debitor, dan bagaimana penyelesaian harta pailit debitor kepada para kreditor sehubungan dengan permohonan pailit oleh debitor. Penelitian hukum dengan tipe penelitian menggunakan yuridis normatif, spesifikasi penelitian deskriptif analitis, metode pengumpulan data menggunakan data sekunder yang meliputi bahan hukum primer, bahan hukum sekunder, dan bahan hukum tersier, metode analisis datanya menggunakan analisis kualitatif. Perlindungan hukum kreditor atas kepailitan yang diajukan debitor atas permohonan kepailitan yang dilakukan oleh PT. Sumatera Persada Energi telah sesuai dengan Undang-Undang Kepailitan yang berlaku baik Undang-Undang Nomor 4 Tahun 1998 maupun UUKPKPU, karena secara <em>substansial </em>tidak ada perubahan dalam syarat-syarat pengajuan permohonan kepailitan. Syarat-syarat pengajuan permohonan kepailitan tersebut jauh dari asas keadilan bagi penyelesaian kepailitan antara debitor dan kreditor, terutama bagi kreditor yang mempunyai debitor harta kekayaannya (<em>boedel</em>) tidak cukup untuk membayar keseluruhan hutang kepada kreditor.</p><p> </p><p><em>The Bankruptcy Act is a public confiscation of all the wealth of the Bankrupt Debtor whose stewardship and ordering are carried out by the Curator under the supervision of the Supervisory Judge. Bankruptcy assets will be distributed in accordance with the portion of the creditors demand. Based on the background then the subject matter of this research is how the protection of the creditors law on bankruptcy filed debtor, and how the debtor bankruptcy property settlement to the creditors in connection with the request for bankruptcy by the debtor. Research method, research method consist of type / type of research using normative juridical, research specification using analytical descriptive, data collection method using secondary data covering primary law material, secondary law material, and tertiary law material, method of data analysis using qualitative analysis. Protection of the creditor's law of bankruptcy filed by the debtor on the Bankruptcy Application made by PT. Sumatra Persada Energi has been in compliance with the Bankruptcy Act applicable both Law Number 4 of 1998 and UUKPKPU, because substantially there is no change in the requirements for filing of bankruptcy petition. The requirements for filing a petition for bankruptcy are far from the principle of justice for bankruptcy settlement between the debtor and the creditor, especially for creditors whose debtor is not enough to pay the entire debt to the creditors.</em></p>
42
Azhari, Mohamad Bagja, and Liza Priandini. "Akibat Hukum dari Pembatalan Perkawinan Sedarah (Putusan Pengadilan Agama Banyumas Nomor 1160/Pdt.G/2018/PA.Bms)." Mizan: Journal of Islamic Law 5, no. 3 (December 31, 2021): 425. http://dx.doi.org/10.32507/mizan.v5i3.1095.
Full textAbstract:
This paper examines the case of Banyumas Religious Court Decision Number 1160/Pdt.G/2018/PA.Bms, which details an incestuous marriage between the Petitioner and Respondent I that dates all the way back to 1989. They had three children in this marriage, ages 28 years, 23 years, and 12 years. The Respondent's second marriage had to be annulled because Respondent I and the Petitioner desired to marry off one of their biological children but Respondent I was unable to become the child's marital guardian. This became apparent after the KUA of Sokaraja Subdistrict, Banyumas Regency rejected Respondent I as the marriage guardian of his kid on the grounds that the Petitioner and Respondent I were married in a blood marriage. This research technique combines normative legal analysis with secondary data gleaned from books and periodicals on marriage and family law, as well as examining the normative components of the Marriage Law and the Compilation of Islamic Law. An annulment of marriage has legal ramifications and repercussions for the offspring's marital status and legal position. The Marriage Law's Article 23 and Article 26 paragraph (1) expressly state which parties have the right to seek annulment of marriage. When a marriage is annulled, the preceding marriage is treated as if it never occurred.Keywords: Cancellation of The Marriage; Inbreeding; The Position of The Child Abstrak.Penelitian ini membahas mengenai studi kasus Putusan Pengadilan Agama Banyumas Nomor 1160/Pdt.G/2018/PA.Bms yang mana dalam perkawinan antara Pemohon dan Termohon I merupakan perkawinan sedarah yang telah berjalan sejak tahun 1989. Dalam perkawinan ini dikaruniai 3 orang anak berumur 28 tahun, 23 tahun dan 12 tahun. Perkawinan kedua Termohon harus dibatalkan setelah Termohon I dan Pemohon yang hendak menikahkan salah satu anak kandungnya namun Termohon I tidak bisa menjadi wali nikah dari anak tersebut. Hal ini terungkap setelah KUA Kecamatan Sokaraja, Kabupaten Banyumas menolak Termohon I menjadi wali nikah dari anaknya dengan alasan perkawinan antara Pemohon dan Termohon I merupakan perkawinan yang sedarah/senasab. Metode penelitian ini menggunakan yuridis normatif dengan data sekunder melalui buku-buku, jurnal-jurnal tentang hukum perkawinan, hukum keluarga dan juga melihat aspek-aspek normatif dalam Undang-Undang Nomor 1 tahun 1974 Tentang Perkawinan dan Kompilasi Hukum Islam. Pembatalan perkawinan membawa pengaruh dan akibat hukum kepada status perkawinan serta kedudukan hukum keturunannya. Pasal 23 dan Pasal 26 ayat (1) Undang-Undang Perkawinan menyebutkan secara tegas terkait pihak yang berhak mengajukan pembatalan perkawinan. Pembatalan perkawinan mengakibatkan perkawinan yang dilangsungkan sebelumnya menjadi dianggap seolah tidak pernah terjadi.Kata Kunci: Pembatalan Perkawinan; Perkawinan Sedarah; Kedudukan Anak
43
Rosdalina, Rosdalina, and Edi Gunawan. "Penerapan Asas Hukum Dalam Penyelesaian Perkara Di Pengadilan Agama." Al-Daulah: Jurnal Hukum dan Perundangan Islam 7, no. 2 (January 10, 2018): 342–65. http://dx.doi.org/10.15642/ad.2017.7.2.342-365.
Full textAbstract:
Abstract: Court is a judicial institution, which has the authority to settle cases between the parties. In carrying out these duties and authorities, this institution adheres to the simple, quick, and low cost principles as mandated in the judicial power law. The application of simple and quick principles in terms of making lawsuits or petitions is as practiced in a Religious Court of Manado. One of the elements that helps is the existence of Legal Aid Post (POSBAKUM) based in the Religious Court of Manado. As for the settlement of cases, the application of the principle has not been implemented properly. This is because the parties are less seriously coming at the trial that has been determined and the judges often postpone the hearing by several argumentations. The cost of litigation in a Religious Court of Manado is determined based on the radius or distance of the domiciled party territory. If the Plaintiff is incompetent and has a poor card, it may incur a court fee waiver.
Abstrak: Pengadilan merupakan lembaga yudikatif yang memiliki kewenangan menyelesaikan perkara antar para pihak. Dalam menjalankan tugas dan kewenangan tersebut, lembaga ini menganut asas sederhana, cepat dan biaya ringan sebagaimana diamanatkan dalam undang-undang kekuasaan kehakiman. Penerapan asas sederhana dan cepat dalam hal pembuatan gugatan ataupun permohonan di Pengadilan Agama yang diteliti yaitu Pengadilan Agama Manado dapat dilaksanakan dengan baik. Salah satu unsur yang membantu adalah adanya Pos Bantuan Hukum (POSBAKUM) yang berkantor di Pengadilan Agama Manado. Adapun dalam hal penyelesaian perkara, penerapan asas tersebut belum dilaksanakan dengan baik. Hal ini disebabkan karena para pihak kurang bersungguh-sungguh hadir pada persidangan yang telah ditentukan dan majelis hakim sering menunda sidang dengan alasan dinas luar atau cuti. Adapun biaya berperkara di Pengadilan Agama Manado ditentukan berdasarkan radius atau jarak wilayah pihak berdomisili. Jika Penggugat termasuk masyarakat tidak mampu dan memiliki kartu miskin, maka dapat dikenakan pembebasan biaya perkara.
44
Fonseca, Felipe, and Daniela de Carvalho Matielo. "Notes from the Field: E-waste in Brasil - Lixo Eletrônico and MetaReciclagem." International Review of Information Ethics 11 (October 1, 2009): 16–19. http://dx.doi.org/10.29173/irie180.
Full textAbstract:
As probably every other country in the world, in recent years Brazil has seen an immense increase in the production and consumption of electro-electronics equipment, which generates, as expected, an equally large amount of e-waste. However, there is a general lack of information about health and environmental issues among actors involved with the e-waste cycle, and very limited public discussion about the topic. Also, proper legislation to regulate the destination of all this material does not yet exist. The National Policy on Solid Residuals, which has been discussed in the Brazilian Congress since 1991, had shown signs of including ewaste management. But the responsible working group in the Chamber of Deputies has recently decided to make an amendment to its 33rd article, dealing with the regulation of reverse logistics (take-back) and mandatory recycling of special waste, and no longer considering electronic equipment as such. In response to that, the collective Lixo Eletrônico decided to publish a manifesto and open an online petition drawing attention to the change in the bill. The article offers an overview of the situation and the issues involved and explains the action that is being carried out by the Lixo Eletrônico Collective, presenting the first outcomes and next steps.
45
Hoyle, R. W. "The origins of the dissolution of the monasteries." Historical Journal 38, no. 2 (June 1995): 275–305. http://dx.doi.org/10.1017/s0018246x00019439.
Full textAbstract:
ABSTRACTThe dissolution of the monasteries is one of the most familiar incidents in Tudor history. The genesis of the dissolution is however ill-documented. Here it is traced back to the suppressions of smaller houses authorized in 1528. It is shown how a partial dissolution could be construed as a desirable and necessary reform without challenging either the basis of monasticism or the doctrine of purgatory. A previously unnoticed petition is published to cast light on the anti-clerical agitation of 1529. It is suggested that there was an attempt to secure a dissolution for financial reasons in 1534 and it was the failure of this which forced the crown to adopt a new strategy to achieve a partial dissolution. This was the collection of damaging evidence of monastic corruption during the visitations of 1535. The display of this material to the Commons in 1536 persuaded them to accept a partial dissolution in the guise of a reform of monasticism. It is suggested that there was no ‘public’ demand for a dissolution in the 1530s except in the artificial circumstances of 1536, and that the shape of the dissolution was determined by the inability of government to secure the support of parliament for a dissolution justified on financial grounds.
46
Islam, Md Saidul, and Md Nazrul Islam. "“Environmentalism of the poor”: the Tipaimukh Dam, ecological disasters and environmental resistance beyond borders." Bandung: Journal of the Global South 3, no. 1 (June 30, 2016): 1–16. http://dx.doi.org/10.1186/s40728-016-0030-5.
Full textAbstract:
The Indian government recently resumed the construction of the Tipaimukh Dam on the Barak River just 1 km north of Bangladesh’s north-eastern border. The construction work was stalled in March 2007 in the wake of massive protests from within and outside India. Experts have argued that the Dam, when completed, would cause colossal disasters to Bangladesh and India, with the former being vastly affected: the Dam would virtually dry up the Surma and Kushiara, two important rivers for Bangladesh. Therefore, this controversial Dam project has generated immense public discontents leading to wider mass-movements in Bangladesh, India, and around the world. The movement has taken various forms, ranging from simple protests to a submission of a petition to the United Nations. Drawing on the “environmentalism of the poor” as a conceptual metaphor, the article examines this global movement to show how environmental resistance against the Tipaimukh Dam has transcended national borders and taken on a transnational form by examining such questions as: who is protesting, why, in what ways, and with what effects. In order to elucidate the impending social and ecological impacts, which would potentially disrupt communities in South Asia, the paper offers some pragmatic policy recommendations that also seek to augment social mobility in the region.
47
Nur, Abdul Jawat. "CODE MIXING AND CODE SWITCHING PHENOMENON IN AḤBABTUKA AKŚARA MIN MĀ YANBAGĪ NOVEL: A SOCIOLINGUISTIC STUDY." Jurnal CMES 14, no. 2 (December 8, 2021): 140. http://dx.doi.org/10.20961/cmes.14.2.55606.
Full textAbstract:
<p><span lang="EN-US">This paper will describe the phenomenon of code mixing and code switching in <em>Aḥbabtuka Akśara <a name="_Hlk89780555"></a>Min Mā Yanbagī'</em>s novel based on sociolinguistic studies. The phenomenon of code mixing and code switching in this novel is worth further investigation because the novel makes extensive use of code mixing and code switching.. In addition, code mixing and code switching in <em>Aḥbabtuka Akśara Min Mā Yanbagī's </em>novel has not been discussed by other researchers. Based on the research that has been done, it is concluded that the code mixing in the novel <em>Aḥbabtuka Akśara Min Mā Yanbagī </em>is in the form of words and phrases. The form of code-mixing found is code-mixing of English words and phrases. The most widely used code switching is internal code switching and external code switching. Internal code switching occurs from <em>Fuṣḥā </em>Arabic to <em>Amiyah</em> Arabic and back to <em>Fuṣḥā </em>Arabic. In addition, external code switching occurs from Arabic <em>Fuṣḥā</em> to English and back again to Arabic <em>Fuṣḥā</em>. The factors that cause code mixing in <em>Aḥbabtuka Akśara Min Mā Yanbagī</em>'s novel (2014) by Aṡīr 'Abdullāh are (a) bringing up humor, (b) appreciation for the interlocutor, (c) petition to the interlocutor, and (d) annoyance. The factors that cause code switching are (a) the attitude of the speaker, and (b) the expression of the speaker's solidarity with the group.</span></p>
48
Tyumentsev, Igor, Nataliya Tupikova, and Nina Tumentseva. "Two Documents from the Russian Archive of Jan Sapieha of 1608–1611 of Poshekhonsky and Uglichsky Counties." Vestnik Volgogradskogo gosudarstvennogo universiteta. Serija 4. Istorija. Regionovedenie. Mezhdunarodnye otnoshenija, no. 5 (December 2020): 89–99. http://dx.doi.org/10.15688/jvolsu4.2020.5.8.
Full textAbstract:
Introduction. The authors analyze previously unknown documents of the Russian archive of Jan Sapieha dating back to 1608–1611. Methods and materials. In the course of the study such methods as archaeography, paleography, historical and linguistic source studies were applied. The published materials complement significantly the fund of documents of the period and fill the existing “gaps” in available accumulated information in the preserved and previously published materials of the reconstructed archive fund, clarifying the chronology of events in Poshekhonsky and Uglichsky counties in the period from autumn 1608 till spring 1609 and expanding the scientific understanding of clerical practice in the Time of Troubles. Analysis. Two published newly found petitions of the mayors son of the boyar poshekhonets to False Dmitry II and Podorozhny, the only one of its kind that has come down to us, show that the possibilities of studying the archive of Jan Sapieha are far from exhausted. Results. As a result of the multifaceted analysis of the newly found materials, the informative value of the reconstructed archive was expanded, firstly, in terms of researching events that took place in lands that were located at a considerable distance from Sapezhin camps near Trinity and did not always fall into the field of view of the secretaries of the mercenary army leader; secondly, in the aspect of studying the genealogy of princes; thirdly, for the study of clerical documentation, including historical facts of changes in the order of promotion in the civil service of representatives of shabby families of service people during the Time of Troubles and the stages of development of business writing in terms of linguistic and documentary parameters of sources.
49
Pletneva, Alexandra A. "On the Origins of the Lubok Text The Register of Dames and Handsome Maidens." Slovene 4, no. 1 (2015): 366–76. http://dx.doi.org/10.31168/2305-6754.2015.4.1.24.
Full textAbstract:
This article is devoted to the attempts to identify the prototype and the sources of The Register of Dames and Handsome Maidens, which was part of the lubok tradition of the 17th–18th centuries. This text is a list of female proper names provided with humorous commentaries. The satirical texts of the 17th century frequently replicate the structure of the documents and literary texts of those times. Some satirical texts represent the structure of church services, an alphabet prayer, a petition, etc. Among the manuscript and lubok texts of the 17th–18th centuries, there is a significant number of texts which include lists of names with humorous characteristics. These texts may be dated back to the Old Russian dictionaries of proper names, e.g., the Commentaries on the Names in Alphabetical Order by Maximus the Greek. Unlike the other texts organized as lists of names, The Register of Dames is related to the wedding ritual, and its probable source can be identified as the register of potential brides for Tsar Alexey Mikhailovich, which was compiled in 1669-1670, when Tsar Alexey was planning to marry for a second time. The text of the Register includes all but two of the names that appear in the probable prototype, including rather rare names. Furthermore, the name Natalia—that is, the tsar’s future wife—is particularly emphasized.
50
Eltofani, Alya Lihan, Fauzan Ishaq, and Rani Melani Aldina Wijaya. "GAMBUT LESTARI : AWARENESS SOLUTIONS FOR THE CRISIS OF PEATLAND." Sociae Polites 21, no. 2 (December 18, 2020): 242–55. http://dx.doi.org/10.33541/sp.v21i2.2254.
Full textAbstract:
Peatland reserves one-third of the world's carbon storage. In 1 year it is evaluated that the peatland absorbs and contains 22.5 - 43.5 gigatonnes of carbon, which is proportionate to the outflows of 17-33 billion cars. Looking back on 2015, more than 50% or 2 million hectares of peatlands were burned down causing 220 trillion rupiah loss, victims suffering from respiratory diseases, disconnection of transportation networks and threats to biodiversity. The aim of this paper is to know the strategies used to increase awareness of peatlands and these discoveries appearing the sort of data and information that required prioritization to educate and advance such awareness. The method used for this paper is divided into two for the project planning and data collection instrument. For the data collection instrument, we used the data from third parties. The project planning that we conclude are including gambutlestari.com, pilot, share information, training & education, signing the petition, and donation. Our project planning is encouraging the participation of people to increase the preventive action towards peatlands damage and indirectly fixed the peatlands damage that previously happened. In conclusion, it is a developed system to create the discussion for an educational training program. Hence, each party can embrace in communicating and advancing awareness on the peatland issue. Achieving our goal to be able to increase awareness of peatlands in Indonesia, we provide a one-stop service called “Push-Sustainable Peatlands” which can be accessed easily by everyone.