bluuebunny/crossref_metadata_2025 huggingface dataset:
Wisconsin Oil and Gas Update
Authors: Shields Caitlin
Published: January 2023

Wisconsin does not produce any commercial amount of crude or natural gas, and no economically viable carbon sources have been identified within the state. Although several test holes have been drilled, the last well was drilled in 1995 to a depth of 4,966 feet in Bayfield County, which revealed nothing. Likewise, thousands of samples from water wells throughout the state have turned up empty. Although studies have indicated potentially significant oil and gas resources in the Great Lakes, particularly portions held by Michigan and Ohio, the federal government permanently banned Great Lakes drilling in 2005. Moreover, most states, including Wisconsin, have expressly prohibited drilling in the Great Lakes. Despite its lack of petroleum resources, Wisconsin has tremendous, high-quality sand resources, which are becoming increasingly sought after due to the recent boom in hydraulic fracturing operations across North America.
Wyoming Oil and Gas Update
Authors: Eggers Walter F. , Falzone Deanna Sami
Published: January 2023

Wyoming ranked third in the nation in natural gas production in 2011 and eighth in crude oil production.' Oil and gas production generated over $633 million in Wyoming state severance taxes in 2011, which was about 65% of the total severance taxes paid for mineral production during the year.
Colorado Oil and Gas Update
Authors: Neslin Dave
Published: January 2023

During the past year, a number of important judicial decisions and regulatory actions concerning oil and gas development occurred in Colorado. These decisions and actions should be of interest to all persons who are involved in Colorado oil and gas activity.
Florida Oil and Gas Update
Authors: Oldenburg Shannon
Published: January 2023

In Peoples Gas System v. Posen Construction, Inc., a case of first impression in Florida, the United States District Court for the Middle District of Florida held that relocation of a gas pipeline in response to pending construction is not an "abnormally dangerous activity" subject to strict liability.
Where's the Outrage? "Outrageous" Conduct in Analyzing the Tort of Intentional Infliction of Emotional Distress in the Wake of Snyder v. Phelps
Authors: Anastopoulo Constance A. , Crooks Daniel J.
Published: January 2023

This Article analyzes the highly publicized case of Snyder v. Phelps to illustrate the current status of the tort of Outrage and asks whether courts should continue to recognize this tort or whether, in the name of refinement, the courts have eviscerated the protections and necessity of the tort.
City of Waco v. Kelley: The Ten-Year Saga of teh Rights of Civil Servants
Authors: McCurry Jessica
Published: January 2023

This Note will examine the general regulations governing civil servants and municipalities in the state of Texas.
Are Lawyers Truly Greedy? An Analysis of Relevant Empirical Evidence
Authors: Teich Paul F.
Published: January 2023

This Article addresses a single question: Have lawyers exploited the increase in demand for their services by adopting increasingly grasping practices such as price gauging, overbilling, and aggressive collection strategies?
Ethical Issues in Discovery
Authors: Drake Kirby B.
Published: January 2023

This Article will examine the lessons that litigation participants in general as well as clients and outside counsel can learn from the mistakes of others in failing to comply with discovery obligations.
Services Against Our Will: Texas Family Code § 264.203 Is Unconstitutional
Authors: Sinclair Beau T. , Davis Christina M.
Published: January 2023

There exists a well-known and ever-increasing problem throughout Texas: Texas Child Protective Services. The Texas Child Protective Services ("CPS") system is flawed, yet often, efforts are not made to correct the identifiable flaws. Perhaps progress can be made by ensuring that the statutes upon which CPS is built are, themselves, not flawed. At the most basic level, statutes must be constitutional; an unconstitutional statute will inevitably lead to application problems. One of CPS's major flaws is its at-times inappropriate insistence that families participate in "services." Upon closer inspection of this flaw, the statute that allows judges to order participation in such services at CPS's request, section 264.203 of the Texas Family Code, is unconstitutional because the statute allows for state infringement of several fundamental rights without setting out any sort of a burden of proof to be met. Even if section 264.203 was not considered unconstitutional on its face, certainly it would be unconstitutional as applied.
Exempt Security Offerings Available in Texas
Authors: James Monte F.
Published: January 2023

Recently due to the robust economy, the United States, including Texas, saw a significant increase in the number of initial public offerings ("IPOs") in the securities markets. Nationally, $1.16 trillion worth of new debt and equity IPOs were brought to market in 1993. Yet, 1994 saw a decrease in new IPOs due mainly to rising interest rates. In 1994, there was only $709.8 billion worth of IPOs brought to market in the U.S.
The purpose of this article is to give direction to the business practitioner who unintentionally becomes involved in federal or state securities regulations. In Texas, a common involvement arises when a lawyer assists with the formation of a new business venture. A frequent misconception is if the deal is small enough, or if only a limited number of investors are involved, then federal and state securities laws are not invoked.
This article will address those securities not requiring the filing of a registration statement with the Securities and Exchange Commission ("SEC") or the State Securities Board of the State of Texas ("State Securities Board"). The Securities Act of 19333 and the Securities Exchange Act of 19344 were enacted "to eliminate serious abuses in a largely unregulated securities market."' To achieve this goal, Congress "painted with a broad brush" in defining which activities invoked federal securities laws.
The MacCrate Report and the Teaching of Legal Research: A Justified Scenario for Educational Malpractice
Authors: Brandt Lydia M. V.
Published: January 2023

If there were ever a justified scenario for the tort of educational malpractice, legal research education in Texas law schools today is it. Professor Alton in his article titled Mandatory Prelicensure Legal Internship: A Renewed Plea for Its Implementation in Light of the Mac- Crate Report states, "[w]ith respect to the individual skills and values [themselves], . . . the [MacCrate Report] recognizes that .... [law] schools ... seem to be doing a good job of teaching legal research."
In reality, there is a gross disparity between the recognition given legal research in the MacCrate Report and the message sent by the law schools.
Limited Term Merit Appointments: A Proposal To Reform Judicial Selection
Authors: Rowe J. David
Published: January 2023

This article argues that popularly electing judges is incompatible with the three basic elements of the judiciary in a republican form of government, and proposes an alternative - limited term merit appointments - which avoids the problems associated with an electoral system.
Bogged Down Trying to Define Federal Wetlands
Authors: Johnson James J. S. , Logan William Lee , Horton Marshall J.
Published: January 2023

This article examines these cases as well as the history, policies, and rationales behind identifying and conserving wetlands. It proposes a unique analytical method for valuation of wetlands. Under the proposed analysis, government agencies and landowners would be required to prepare economic impact statements containing cost/benefit analyses measuring the effects of wetlands delineations upon land values. These analyses would provide the basis for determining the value of preserving wetlands ecosystems as well as the basis for determining fair compensation payable to landowners in the event they suffer land use or income loss as a result of wetlands delineations.
Abolishing the Privity Doctrine in Texas - Just Do It!
Authors: Rasmussen Lief Kjehl
Published: January 2023

The purpose of this comment is to provide future guidance to Texas courts in structuring a bright-line rule to determine third party nonclient standing in similar estate planning legal malpractice cases as an alternative to the current privity standard. Part I discusses and analyzes the evolution of the privity doctrine and the current theories supporting its relaxation as it relates to estate planning legal malpractice cases, particularly circumstances involving negligently drafted or executed wills. Part II examines the privity doctrine as it has been applied in Texas legal malpractice cases. Part III recommends abolishing the privity doctrine in Texas and offers a new standard to assist Texas courts in determining, with some degree of certainty and predictability, the circumstances under which negligent attorneys should be held liable to persons not within the direct attorney-client relationship.
The MLIIA: Bad Medicine and Bad Law Is a Costly Combination for Texas Minors with Medical Death Claims
Authors: McLeod Hamrick Melissa Lyn
Published: January 2023

This comment explains how the derivative nature of death claims, combined with the MLIIA's accrual dates and its minority tolling provision, result in premature termination of minors' rights to file wrongful death claims caused by medical malpractice. Section I of this comment provides a brief explanation of events prompting the Texas Legislature to enact the MLIIA and the provisions legislators included in the statute to alleviate the perceived health care liability crisis. Section II discusses wrongful death causes of action and compares death causes of action brought under the Wrongful Death Act with death causes of action brought under the MLIIA. Section II also reviews Texas Supreme Court decisions applying the MLIIA to wrongful death claims. Section III surveys federal and state case law holding specific provisions or applications of the MLIIA are unconstitutional. Section IV reviews Texas case law interpreting and applying the MLIIA minority tolling provision to medical wrongful death claims brought by minor beneficiaries and by adult beneficiaries when minors are the decedents. In Section V, the author urges the Texas Legislature to amend the MLIIA minority tolling provision so that limitations commence on all minors' claims at age eighteen. Alternatively, the author urges the Texas Supreme Court to hold the current MLIIA minority tolling provision is unconstitutional, as applied to minors asserting medical wrongful death claims, because it violates the equal protection clause of the Texas Constitution.
Procedural Due Process for Texas Public School Students Receiving Disciplinary Transfers to Alternative Education Programs
Authors: Tillman Patty Blackburn
Published: January 2023

Nevares v. San Marcos Consolidated Independent School District" is the first Texas case to challenge whether disciplinary transfers of public school students without notice and a hearing are unconstitutional, because they deny students procedural due process. This article will explore whether Texas public school students accused of committing felony offenses while off campus should be afforded the procedural due process protections of notice and hearing prior to their disciplinary transfer to alternative education programs.
Enforcement of Commercial Leases: Evictions and Dealing with a Tenant's Personal Property
Authors: Whelan Thomas M.
Published: January 2023

Any misstep in this jurisdictional minefield along the road to an eviction can be costly. Even though pursuing a forcible detainer action is supposed to be cumulative of a landlord's other remedies, l' doing so inadvertently may impair them, despite the supposedly limited preclusive effect of suits tried in justice court. Moreover, a judgment for possession in a forcible detainer action will not, as commonly believed, bar a tenant's claim for wrongful eviction. Thus, a landlord may succeed in recovering possession in justice court only to find itself ordered by another court to pay damages to its former tenant because the justice court wrongfully ordered the eviction. And, in some circumstances, a judgment for possession in justice court will not prevent a district court from restoring possession to a tenant after a justice court orders an eviction. This article tries to chart these and other mines in the forcible detainer minefield and to give directions to some of the paths around that minefield.
Recent Changes in the Texas Usury Statutes - Do They Affect Common Law Usury Claims?
Authors: Beal Cindy T.
Published: January 2023

This comment examines the cure provision of the Texas usury statute and discusses its effect on a plaintiff's recovery for common law usury. Part I discusses the historical background of usury laws and Texas usury statutes. Part II explains that the Texas Supreme Court has adjudicated common law and statutory usury actions and has concluded that Texas courts may allow both actions independently. Part III examines the new statutory cure provision. Part IV analyzes the questions that arise in applying the statutory usury cure remedy. Finally, the author concludes the statutory cure provision should not apply to a common law usury cause of action.
City of Sherman v. Henry: Is The Texas Constitutional Right of Privacy Still a Source of Protection for Texas Citizens?
Authors: Skeen Shelly L.
Published: January 2023

Part I of this Note explores the Texas constitutional right of privacy and the right of privacy guaranteed by the United States Constitution as well as the relationship between the two. Part II reviews the facts in Henry, the Texas Supreme Court's decision, and concurrences of both Justice Owen and Justice Spector. Part III analyzes the court's reasoning in Henry and determines that the decision fails to safeguard the constitutional right of privacy guaranteed by the Texas Constitution. Part IV proposes two potential solutions available to Texas courts to protect police officers and other public employees from unreasonable intrusions into their private lives, thus ensuring the effectiveness of the right of privacy guaranteed by the Texas Constitution in TSEU.
Crawford v. Kirk: Wrongful Pregnancy and Traditional Tort Law Principles
Authors: Shurtz David
Published: January 2023

Thirty-five jurisdictions uniformly recognize the validity of a wrongful pregnancy claim. Texas, however, is not one of those jurisdictions. The majority of Texas courts recognize the validity of a wrongful pregnancy cause of action and award damages to the parents for an unwanted child, while other Texas courts do not. This Comment argues that Texas should recognize a wrongful pregnancy cause of action for two reasons: (1) all but one Texas court explicitly recognizes a wrongful pregnancy claim; and (2) a wrongful pregnancy claim is merely a descriptive label for medical malpractice. Moreover, the damages for such a claim should consist of (1) the medical damages associated with the pregnancy and birth, (2) damages in excess of a mother's medical expenses, and (3) financial expenses for education and maintenance of the normal, healthy child until the age of majority. Therefore, in a wrongful pregnancy cause of action, Texas should follow the Full Recovery Rule that permits parents to prove all damages proximately resulting from a negligent sterilization including child-rearing costs.
Part I of this Comment will evaluate whether Texas should recognize a wrongful pregnancy cause of action. Part II will evaluate the three common methods of calculating and awarding damages in a wrongful pregnancy claim; Limited Recovery, Full Recovery, and the Benefits Rule. Finally, this Comment concludes that allowing parents to prove and recover child-rearing damages strengthens the family unit, maintains the best interest of the child, and is the best method to advance the goals of tort law and Texas public policy.
The Ties That Bind: Preemptive Rights and Restraints on Alienation That Commonly Burden Oil and Gas Properties
Authors: Cross Terry I.
Published: January 2023

This paper will address four contractual provisions that often come into play in the acquisition and disposition of oil and gas properties: preferential rights to purchase, maintenance of uniform interest, areas of mutual interest, and consents required for assignment.
These provisions each address valid commercial purposes and when consciously and deliberately implemented, can reflect a negotiated allocation of value and risk among the parties to the various agreements where they are found. However, they are all long-lived, if not perpetual, and at some point when performance of, or compliance with, them is at issue, it will be in the interest of one party or a successor in interest that the provisions either not apply or not be enforced. Thus, there is a constant testing of the boundaries in the commercial arena and frequent legal challenges in the courts.
Each of these four provisions share certain elements with others, so that common legal principles and bodies of law are relevant in establishing the boundaries and evaluating the inevitable challenges. Preferential rights to purchase and areas of mutual interest contemplate future vesting which implicates the Rule Against Perpetuities. Preferential rights, the maintenance of uniform interest provision, and consents as conditions to assignment are restraints on alienation which involve the common law Rule Against Unreasonable Restraints on Alienation. All of these provisions purport to burden real property, so that the Statute of Frauds and the law regarding "covenants running with the land" are relevant. This paper will not cover all of these issues in depth, but will attempt to identify relevant Texas cases that directly bear on the current status of these provisions.
Are Overriding Royalty Interests Becoming the Clay Pigeons of the Texas Oil and Gas Industry? The Assignor-Assignee Relationship After Sasser v. Dantex Oil & Gas
Authors: Fenk Edward M.
Published: January 2023

In reaching its decision, the San Antonio Court of Appeals effectively broadens the reach of Sunac to extend to situations in which the lessee may intentionally terminate a lease, even a commercially productive lease, and, in the process, extinguish an override owner's interest. Arguably, the broadening of Sunac by the Sasser court, which is unsupported by the reasoning of Sunac itself, as well as by post- Sunac decisions, may have far reaching and serious implications for the Texas oil and gas industry
The Effects of Electronic Commerce on the Traditional Shopping Center Lease
Authors: Doty Jennifer E.
Published: January 2023

The Internet, in addition to its wealth of information, has introduced America to a new way to purchase goods. Along with this new way to shop comes the potential for conflict between the way the retail industry has done business in the past and this new technology. Traditional shopping center leases contain clauses which base the tenant's rent on a percentage of the sales from that store. To ensure its profits, landlords require tenants not compete within a certain radius of the shopping center. With the birth of electronic commerce, customers are ordering their goods directly from retailers online and not entering malls, which, in turn, causes lower profits for landlords. Shopping center tenants who also sell online have the potential to breach their shopping center leases. Therefore, to protect themselves, tenants should draft lease language to address electronic commerce.
Section I of this article will discuss the specifics of shopping center leases and explain how electronic commerce works. Section II will explain the problem and demonstrate how courts have addressed similar problems in the past. And, finally, Section III will propose two different solutions to the problem-a legal one, through drafting, and a technological one.
Joined at the Hip: The Nondelegation Doctrine and the Principles of Deference-The Struggle for Power has the EPA Caught in the Middle
Authors: Cloutier Tracey L.
Published: January 2023

As will be shown, the facts of this case and application of the Schechter test support the conclusion that the Clean Air Act, insofar as promulgation of the NAAQS is concerned, does not contain an excessive delegation of legislative power to the EPA. The EPA is not free to act in any manner it chooses. The Administrator must answer to Congress, the President, and the people.
Dissent and Fallay in Dickerson v. United States
Authors: Roberts Rodney C.
Published: January 2023

In his dissent from the majority in Dickerson, Justice Scalia (joined by Justice Thomas) argues that the Court "acts in plain violation of the Constitution when it denies effect to this Act of Congress." This Essay aims to show that an important part of the reasoning in his dissent is fallacious, and insofar as the dissent is influenced by this reasoning, it is without value.
Because dissenting opinions generally, and those of the Supreme Court especially, can become valuable in subsequent legal opinions and analyses, and because logic has a clear and important role to play in legal reasoning, it is important to recognize when fallacies occur in dissenting Supreme Court opinions and to understand the precise nature of any such fallacy.
False Hope for Prisoners: The Dangers of Making Apprendi v. New Jersey Retroactively Applicable to Felony Drug Convictionsfalse Hope for Prisoners: The Dangers of Making Apprendi v. New Jersey Retroactively Applicable to Felony Drug Convictions
Authors: Burch Meleah
Published: January 2023

Part II of this Note sets forth the history behind the Apprendi decision, the Court's rationale, and Apprendi's impact on prior Supreme Court decisions. Part III argues against the new rule's applicability to felony drug convictions on collateral review. Part IV describes the common law and statutory restrictions that should preclude prisoners from invoking this new procedural rule on collateral attack.
The Lawyers’ Role in Selecting the President: A Complete Legal History of the 2000 Election
Authors: Rambo Lynne H.
Published: January 2023

This Article presents the factual and legal history of Bush v. Gore,2 9 in the detail that is warranted for a case of this magnitude and complexity. Part One sets forth the legal framework within which the case unfolded, acquainting the reader with the breadth of Florida and federal law that governed the controversy. Part Two reviews what happened- the factual and legal developments from the time Gore requested manual counts in four Florida counties through the Supreme Court's decision ending the statewide recount the Florida Supreme Court had ordered-and focuses on the attorneys' arguments at each stage. Part Three then explores how a fuller and more accu- rate presentation of the applicable law, particularly by Gore's legal team, might have brought the controversy to a different end. With any luck, the partisan outrage will be replaced with responsible analysis, and the profession will be reminded of what trial lawyers both love and fear about their work. In litigated cases, there are usually two closely matched sides, and "justice" frequently turns on which lawyer better handles the case he or she is given.
Kids Say the Darnedest Things: A Call for Adoption of a Statutory Parent-Child Confidential Communications Privilege in Response to Tougher Juvenile Sentencing Guidelines
Authors: Cheatham David L.
Published: January 2023

This Comment addresses the need for a narrowly tailored, statutorily created privilege protecting confidential communications made to a parent by a child who is seeking advice or guidance and how crucial that privilege has become for today's juveniles, who face tougher guidelines for juvenile sentencing and adult certification. Part II provides an overview of the historical background of the parent-child privilege and its current legal status, both at the state and federal levels. Part III explains how the "get-tough" legislation that has made juvenile courts parallel to adult courts, along with the movement to completely abolish juvenile courts, necessitates legislative approval of a parent-child privilege. Part IV discusses past proposals for parentchild privileges that have failed and proposes that the reason for their failure is that the proposals were overly broad. Finally, Part V proposes a narrowly tailored statute designed to protect only those confidential communications from the child to the parent when the child is seeking parental guidance or advice.
Beginning a New Tradition ... Intellectual Property, Technology & Borderless Commerce Conference
Authors: Nguyen Xuan-Thao
Published: January 2023

This Conference has begun a tradition of bringing together national talents in the field to address emerging issues relating to copyrights, patents, trademarks, antitrust, privacy and borderless commerce and marked a strong commitment of the Law School to Intellectual Property and Information Technology Law. It continued the role of the Law School as the law center for scholars, practitioners, lawmakers, students and other members of the legal communities.
Suing an Electronic Address: In Rem Domain Name Actions Under the ACPA
Authors: Becker Jeffrey M. , Bliss Timothy F.
Published: January 2023

The following Article briefly examines the legal tools originally available to trademark owners (under federal law and an alternate dispute resolution procedure) and the deficiencies of each tool in anti-cybersquatting litigation. This Article presents an overview of the Anticybersquatting Consumer Protection Act (ACPA) and examines how it addresses some of the failures of prior legal tools, with particular emphasis on the ACPA's in rem jurisdiction provision.
Cobranding on the World Wide Web
Authors: Rodenbaugh Mike , Herda Alan N. , Stewart Mari
Published: January 2023

The drafting of cobranding agreements related to websites requires the consideration of the cobranding parties' needs as well as the end-user experience. This Article outlines most of the primary issues to consider when drafting agreements related to cobranded websites, including: separate party identity and goodwill, substantive obligations, risk allocation, termination of the cobranding relationship, and unauthorized cobranding of websites.
Symposium Materials
Authors:   Texas Wesleyan Law Review
Published: January 2023

Symposium materials for the Exploring Emerging Issues: New Intellectual Property, Information Technology, and Security in Borderless Commerce conference, including a schedule of events and biographies of featured participants.
A Components Approach to Intellectual Property in a Dynamic Technology Environment
Authors: Johnson Douglas R.
Published: January 2023

This Article will address the protection of technological intellectual property in our current computer dominated business environment. The focus will be on copyright protection for computer programs. It should be noted that the concept of a components approach to computer program protection should be valid with patents, as well. Part II will discuss the federal statute dealing with copyright, Title 17. Part III will discuss two circuit court cases that have had a substantial impact on the treatment of copyright protection for computer programs. Part IV will discuss a components approach to protecting those intangible assets, suggesting that additional protection may be achieved at a component level.
Building the Seamless Dispute Resolution Web: A Status Report on the American Bar Association Task Force on E-commerce and Alternative Dispute Resolution
Authors: Davis Benjamin G.
Published: January 2023

As a result of the Jurisdiction Project's attention to the role of dispute resolution in fostering e-commerce, there appeared to be a clear need for a neutral non-provider entity. The entity's purpose would be to create a task force to study disputes in cyberspace and assist with the development of proposed protocols, guidelines and standards for dispute resolution as it relates to e-commerce and the Internet.
In September 2000, the ABA established such a Task Force to study the emergence of standards for the resolution of disputes arising from business to business (B2B) and business to consumer (B2C) e-commerce transactions. The Task Force consists of representatives from five ABA sections: Dispute Resolution, Business Law, Litigation, International Law and Practice, and Intellectual Property. Within its mission, the Task Force has examined the role of Alternative Dispute Resolution (ADR) and Online Dispute Resolution (ODR), in particular, addressing disputes that result from e-commerce.
One Full Bite at the Apple: Defining Competent Counsel in Texas Capital Post-conviction Review
Authors: Richardson-Stewart Julie B.
Published: January 2023

This Comment argues that the Texas Court of Criminal Appeals was correct in refusing to engraft a constitutional standard of effective assistance of counsel to post-conviction habeas corpus review. In reaching the appropriate decision, however, the court failed to provide any guiding standards of competence for appointed capital habeas attorneys. Specifically, the court did not elaborate on either the type or amount of qualifications, experience, or ability necessary for a finding of attorney "competence." The resulting inadequate definition of "competency" for appointed post-conviction counsel in death penalty cases leaves habeas petitioners without a remedy when statutorily mandated, post-conviction review is nullified by grossly deficient, appointed counsel. The solution lies in providing a standard of "competence" through a statutory amendment because the specification of binding attorney qualifications will ensure that capital petitioners receive their "one full bite" at the habeas "apple."
Part II of this Comment provides background information on postconviction state habeas corpus review by illustrating the function of habeas writs, outlining Texas's statutory writ provisions, and describing the current crisis in post-conviction representation. Part III analyzes the argument for applying Sixth Amendment effective assistance of counsel to a statutory grant of habeas counsel, explaining that even though the Sixth Amendment does not apply to post-conviction proceedings, petitioners attempt to claim the right to effective assistance under the statutory grant of counsel in article 11.071. Part IV explains how the doctrines of finality and abuse of the writ converge to prohibit application of the constitutional effectiveness standard to post-conviction review. Part V concludes that the appropriate solution to the crisis in post-conviction representation lies in the establishment of qualification standards for the appointment of post-conviction counsel, which the Texas Legislature should provide via an amendment to article 11.071 itself.
Secondhand Jurisprudence in Need of Legislative Repair: The Application of Strict Liability to Commercial Sellers of Used Goods
Authors: Williams Derrick
Published: January 2023

This Comment will discuss the inability of tort law to provide an adequate solution to this issue, and why this issue should be taken out of the hands of the courts altogether and regulated by state legislatures. State legislatures have the capability to fashion a solution to this problem that would provide adequate compensation to injured consumers without: (1) adversely affecting the used goods market; (2) forcing injured consumers to deal with the expenses and difficulties of litigation using the negligence doctrine or warranty theory; or (3) unfairly holding secondhand dealers liable for defects they did not cause that may put them out of business. In Part II, this Comment will give a brief overview of the history of strict liability for products. Part III will canvass the various policy considerations of strict liability on which courts rely when faced with this issue. Part IV will explain why any solution based on the policy considerations of strict liability is inadequate. Finally, Part V will propose that a no-fault compensation plan fashioned by a state legislature could offer an effective remedy to the problem. Part VI will conclude with some final remarks on the future of products liability law.
THE ROLE OF PRODUCT INNOVATION, PRODUCT QUALITY, AND MARKET ORIENTATION ON MSME BUSINESS PERFORMANCE WITH COMPETITIVE ADVANTAGES AS A MEDIATION VARIABLE
Authors: Puspita Sari Anastasia , Haryono Tulus , Suryandari Tanding
Published: January 2023

MSME business growth can be seen from the business advantages and business performance of MSMEs. Business performance is a factor that is commonly used to measure the impact of a company's strategy in facing competition. This study aims to determine the effect of product innovation, product quality, and market orientation on the competitive advantage of MSMEs and MSME business performance. This research is explanative research with cross sectional design and quantitative approach. The population in this study were users of food and beverage MSME products in Surakarta with a sample of 120 respondents. Data collection through questionnaires. The collected data were analyzed using Structural Equation Modeling (SEM) analysis. The results of the study prove that there is an influence between product innovation, product quality, and market orientation on the competitive advantage of SMEs. Product innovation, product quality, and market orientation have a positive and significant impact on the competitive advantage of MSMEs. There is a direct influence of product quality, and market orientation on the performance of MSMEs. Meanwhile, product innovation has no effect on the performance of MSMEs. There is an influence of competitive advantage in mediating the variables of product innovation, product quality, and market orientation on MSME business performance through competitive advantage as a mediating variable. There is an influence of competitive advantage on MSME business performance
LANGUAGE POLITENESS STRATEGIES OF LEADER CANDIDATE IN REGIONAL ELECTION GORONTALO PROVINCE
Authors: Adam Sumarlin , Baruadi Moh. Karmin , Umar Fatmah , Syarifuddin  , Fatsah Hasanuddin
Published: January 2023

This study examines how language politeness strategies are used in simultaneous regional election debates in Gorontalo Province. This study used a descriptive qualitative approach to language politeness strategies. Data collection were carried out by observation and direct observation by recording the utterances of regional leader candidates in the simultaneous local election debates in Gorontalo Province. Data were analyzed qualitatively. The results showed that there are three language politeness strategies in the simultaneous Regional Leader election debates in Gorontalo Province, (1) bold on-record strategies, (2) positive politeness, and (3) negative politeness strategy. It is suggested that politicians are able to understand politeness and language behavior in political campaigns.
THE DYNAMICS OF SOCIO-ECONOMIC LIFE OF TRANSMIGRANT COMMUNITIES IN THE INDEPENDENT INTEGRATED CITY OF EAST MESUJI
Authors: Wisatawati Ricka Heni , Pargito  , Pujiati
Published: January 2023

This study aims to analyze the socio-economic conditions of the transmigrant community and analyze socio-economic changes due to the implementation of the East Mesuji Integrated City (KTM). The method used is a qualitative method with a case study approach. This is done to obtain more detailed information about the social changes that have taken place in the Independent Integrated City, East Mesuji. Data was collected through interviews, observation, and data collection. The subject of this research is the transmigrant community, while the object of this research is the socio-economic conditions of the transmigrant community in the village of Tanjung Mas Makmur, East Mesuji. The results of the study show that there have been changes in the socio-economic sector of the community, especially in the transmigrant community in the village of Tanjung Mas Makmur, Integrated Independent City, East Mesuji. This can be seen from the gradual increase in community welfare in the field of socio-economic indicators when the KTM program was developed. Socio-economic indicators can be seen from the level of income, level of employment, level of education, community interaction, values, and community norms.
NYAI SUTARTINAH'S NATIONALISM BASED ON PSYCHOHISTORY APPROACH
Authors: Puspita Sari Endah , Sutimin Leo Agung , Arif Musadad Akhmad
Published: January 2023

Ethical politics is a response from the Netherlands to Indonesia, which has filled its cash void. There are three moral politics programs: education, irrigation, and emigration. The field of education is very influential because it can give birth to a specific group. They are aware of the gap between their people and the colonial. A fighting organization was born and dominated by men, resulting in a women's organization. The research method used in this journal is the theme of Nyai Sutartinah; heuristics are carried out on books and journals, source criticism is carried out by reading these sources to find credible data; interpretation processes sources into writing data, and historiography, writing about Nyai Sutartinah's nationalism with a psychohistorical approach. Psychohistory is part of psychoanalysis that studies a person's behaviour in the past and its influence on an attitude. The attitude to be learned is nationalism. Nationalism is an identity of a unified group regardless of language, ethnicity and religion. The figure of Nyai Sutartinah is the subject of this research. He is a descendant of the Pakualaman palace and was born in 1890. Since childhood, he has received an education. Seeing the education inequality for women around him, he and Ki Hadjar Dewantara founded an educational institution called Wanita Taman Siswa. Apart from that, another struggle is being involved in the women's congress in Yogyakarta.
STRATEGIC SELF-REGULATION (S2R) AMONG MULTILINGUAL LEARNERS IN POLYGLOT INDONESIA COMMUNITY
Authors: Qomariyah Anik Nur , Anam Syafi’ul , Setiawan Slamet
Published: January 2023

This research aims to investigate the types of strategic self-regulation (S2R) among multilingual learners in polyglot Indonesia Community. There are eight respondents from Polyglot Indonesia Community who have multilingual competency are interviewed to gain the data of the study. This study employed qualitative approach using case study analysis. The result showed us that the respondents of this research, the polyglot, mostly employed all strategies, consist of cognitive metacognitive strategies, affective meta-affective strategies, sociocultural interaction and meta-SI strategies. But some of the respondents do not use some specific strategies, especially affective strategies and meta-affective strategies. Based on the conclusions above, it can be inferred that the use strategic self-regulation (S2R) among multilingual learners in polyglot Indonesia Community are still highly use, even though some strategies were not employed
THE FACTORS AFFECTING STUDENTS’ LEVEL OF WILLINGNESS TO COMMUNICATE (WTC) IN AN ENGLISH CLASS AT A PRIVATE JUNIOR HIGH SCHOOL IN SURABAYA
Authors: Yulia Eka Endah , Munir Ahmad , ul Anam Syafi
Published: January 2023

This article purposes to find out the level of students’ willingness to communicate (WTC) in an English class at a private junior high school in Surabaya, to explain the factors affecting students’ level of WTC, and to explore students’ attempts or strategies to improve their level of WTC. This article is classified into qualitative research. The subjects of this article are students of junior high. The study focused on students' experiences of the factors and strategies demonstrated by students in class speaking and in front of the class. The data was in the form of the transcription of the interview and observation instrument. The detail information is obtained from interviewing the students. The result shows that the level of students’ WTC in an English class was low. The writer also found several factors that affect students’ level of willingness to communicate (WTC) using English proved by the observation result and interview result, they are self-confidence, communicative competence, learning anxiety, students’ motivation, personality, teacher role, classroom atmosphere, interlocutor, the effect of topics, the effect of task types. It is appropriate that students who have poor self-confidence, lack communicative competence, lack the motivation to speak, and have n elevated level of anxiety are included in the category of having a low level of students’ willingness to communicate. The most of students said that self-confidence affected their level of WTC. The writer found that the students have a variety of strategies such as using technology in language learning and following conversation club. Both of them showed their enthusiasm to speak in the classroom and did all the assignments in the Hybrid learning system. Combining technology and outside activity can improve the student’ WTC.
COVID-19 Education Response Mapping Study: Building Resilience in the Kyrgyz Republic: Readiness, Response, and Recovery
Authors: Nietschke Yung , Dabrowski Anna , Conway Maya , Pradhika Chaula
Published: January 2023

The coronavirus disease 2019 (COVID-19) crisis has caused unprecedented levels of disruption to education systems worldwide. Across the Asia region, it is estimated that around 760 million children were impacted by school closures at the height of the pandemic. Government response strategies have varied across the region, with some countries imposing prolonged school lockdowns while others have had short, repeated closure periods. As countries begin to reopen schools and continue to prepare for subsequent waves of COVID-19 infection, there is a need to develop the greater capability of education systems to safeguard learning and address persistent barriers to learning equality by harnessing the opportunities for systemic change. However, school-based practices and responses that have been effective in supporting the continuity of learning during the COVID-19 pandemic have yet to be well examined, particularly in Asia. While the system and school structures are a crucial component of educational quality, understanding what happens in a school setting can offer meaningful insights into overcoming barriers to educational quality as education systems recover and rebuild from the pandemic. This report presents the findings of research undertaken in the Kyrgyz Republic, Central Asia. It forms part of a broader study that aims to explore the system and school-level practices that have supported learning continuity in Asia during the pandemic. The study will focus on the practices of policymakers that have supported teaching and learning and consider ways in which school leaders, teachers, and parents have worked to support children during periods of disruption. Rather than comparing the responses of countries in Asia, this study will highlight innovations in the system and school policies and programs in the Kyrgyz Republic and make recommendations based on insights from the Kyrgyz Republic’s education system. The study will focus on the system and school participants that support students in the Kyrgyz Republic but will not include students themselves.
Konseptual Perancangan Arsitektur Enterprise dengan Kerangka Kerja The Open Group Architecture Framework (TOGAF)
Authors: Wijaya Muksin
Published: January 2023

Membangun arsitektur sistem informasi perusahaan adalah salah satu hal penting dari sekian perencanaan strategis perusahaan yang perlu dipertimbangkan oleh perusahaan, terutama implementasi pada perusahaan yang siap berkembang. Pada perusahaan yang siap berkembang, penyederhanaan proses bisnis penting dilakukan agar dapat diselaraskan dengan keadaan dan kondisi perusahaan, dan untuk itu perlu suatu kerangka kerja yang dapat diterapkan untuk mencapai tujuan tersebut. Kerangka kerja perusahaan yang dimaksud adalah sebagai kerangka kerja yang memberikan arahan berbagai aturan dan standar serta tatanan tertentu dalam  membantu perusahaan dalam menemukan hal-hal yang sesuai dan pas untuk diimplementasikan sebagai bagian dari strategi pengembangan perusahaan.
Dari sekian model kerangka kerja yang ada, diantaranya terdapat model kerangka kerja The Open Group Architecture Framework (TOGAF)  yang dapat menjadi alternatif untuk dipakai dalam upaya perusahaan untuk menyusun strategi bisnisnya, kerangka kerja ini terdiri atas langkah-langkah yang sistematis, mudah dipahami dan dapat pula dijadikan sebagai kendali bagi perusahaan  dalam mengembangkan lebih lanjut strategi bisnisnya.
The effects of immersive virtual nature on psychological outcomes: A protocol for a meta-analysis
Authors:   CIS-Iscte, Iscte - Instituto Universitário de Lisboa, Lisbon, Portugal, Moura Rita , Camilo Cristina , Luís Sílvia
Published: January 2023

Review question / Objective: This work aims to assess the effectiveness of immersive virtual nature in promoting psychological health. To this end, the proposed meta-analysis will address the following research question: How effective is immersive virtual nature in improving affect, emotion regulation, stress, mental health, restoration, and well-being among clinical and non-clinical adults as compared to a control condition? Population: Clinical adults, non-clinical adults. Intervention: Immersive virtual nature. Comparison: Control condition. Outcomes: Affect, emotion regulation, stress, mental health (anxiety, depression), restoration, and well-being.
ANALYSING THE EFFECT OF DISCONTINUITY OF ELECTRICAL CONDUCTIVITY OF SOIL ON GROUND RESISTANCE
Authors: Tomislav Barić  , Vedran Boras  , Srete Nikolovski
Published: January 2023

In addition to the direct application of the method of images the article also shows the application of complex images in the cases with two or more discontinuity boundaries of the specific electrical conductivity. The article analyzes the effect of neglected images in determining ground resistance, in a single-layer soil model, and goes on to analyse the error due to modelling single-layer soil which by its characteristics is most accurately described as double-layer. In modelling the soil the technique of simple and complex images was applied. To keep the presentation simple and make the models comparable, a normal horizontally inserted cylindrical conductor was taken as ground conductor. The results obtained are shown analytically and graphically and discussed.
THE SHARE OF DECOMMISSIONING COSTS IN THE PRICE OF ELECTRICITY FROM THE KRŠKO NPP
Authors: Vladimir Lokner  , Damir Subašić  , Ivica Levanat  , Petronila Lokner
Published: January 2023

Starting from the Decommissioning of the Krπko Nuclear Power Plant Program, this text analyzes the necessary Croatian allocations for the decommissioning costs in relation to the price of electricity from this power plant. The reliability of the Program estimates is analyzed, particularly the assumed financial parameters. Therefore, a variable discount rate was implemented in the customary range of from 1 % to 5 %, as well as models of equal and escalating annuities. Hypothetical scenarios were also analyzed for the long-term collection of monetary resources, similar to the Slovenian case (a description of what would have happened if we had started earlier), while the second scenario analyzes the possibility for prolonging the working lifetime of the power plant. There is also a separate discussion of the relation between the financing recommended by the Program and the measures that have been undertaken to date in order to implement these recommendations in Croatia.