bluuebunny/crossref_metadata_2025 huggingface dataset:
DEVELOPMENT OF INTERACTIVE EDUCATIONAL MEDIA FOR PREVENTING ANEMIA IN TEENAGE GIRL BASED ON E-FLIPBOOKS AS AN EFFORT TO ACCELERATE STUNTING REDUCTION
Authors: Ferdina Cucun Setya , Vardila Putri Nindi Pramesthi , - Lailaturohmah
Published: April 2024

Stunting or short toddlers is currently one of the toddlers problems toddlers in the world. Stunting is important because it concerns about the quality of Indonesia's human resources in the future. The incidence of stunting is a cycle. Children born to mothers who are anemic will suffer stunting in the future and continue without stopping, which is called the intergenerational stunting cycle. Improving adolescent nutrition before conception is one way to break the intergenerational cycle of stunting.

This research aims to develop interactive educational media for preventing anemia in adolescents based on e-flipbooks as an effort to accelerate stunting reduction. The research method used is Research and Development (R&D), with the final results of this research is producing an e-flipbook for preventing anemia in adolescents. The research instrument used a questionnaire. There are 2 data analyzes used, qualitative and quantitative analysis. The validation test results from material experts and media experts stated that this educational media for preventing anemia in adolescents is very suitable for use with a percentage of 90%. And the results of field trials on anemia prevention educational media are mostly in the very feasible category with a percentage of 87.03%.
CORRELATION STUDY OF SOCIAL MEDIA ACCESS WITH SLEEP QUALITY AND LEARNING CONCENTRATION TO MIDWIFERY STUDENT
Authors: Sari Bety Maya , Arismawati Dian Fitra , Wardani Riska Aprilia
Published: April 2024

Globalization has led to increased social media usage among adolescents, potentially disrupting their sleep schedules and affecting sleep quality. This study aims to determine the correlation between social media usage and sleep and concentration levels among students, highlighting the potential for addiction and excessive engagement on platforms.The employed methodology is descriptive correlational, utilizing a cross-sectional approach. The participants in this study consisted of 24 students enrolled in the Dian Husada Mojokerto Stikes Midwife Diploma Study Program, selected using total sampling.   The data was gathered by a questionnaire and subsequently examined using the Chi Square Test and regression analysis, with a significance level of α = 0.05.   The findings of the study indicated that 24 participants exhibited a significant level of social media usage, while also experiencing subpar sleep quality and diminished concentration whilst studying.   A correlation has been found between the utilization of social media and the quality of sleep, with a resulting correlation coefficient of ρ = 0.000, which is statistically significant at α = 0.05.   There is a correlation between the usage of social media and study concentration, with a correlation coefficient (ρ) of 0.000, which is statistically significant at a significance level (α) of 0.05.   The regression test findings indicate a significant relationship (sig value = 0.000) between the three variables: social media usage, sleep quality, and study concentration. This relationship is statistically significant at a significance level of α = 0.05. Increased utilization of social media is directly correlated with decreased sleep quality and diminished attention whilst studying.
BHD (BASIC LIFE SUPPORT) EDUCATION FOR ORDINARY PEOPLE
Authors: Haryanto Agus , Adies Susanti Sania
Published: April 2024

Remaja Karangtaruna sebagai bagian dari masyarakat yang juga dapat membantu Kader kesehatan dalam Melakukan Tindakan Bantuan Hidup dasar (BHD), Bagaimana kemampuan Remaja Karangtaruna terhadap tindakan Bantuan Hidup Dasar (BHD) di Desa Jabon, Kec. Gayaman, Kab. Mojokerto. Penelitian ini bersifat observasional dengan metoda one group pretest dan post test design. Subjek peneltian ini berjumlah 34 orang Remaja Karangtaruna. Berdasarkan hasil data tersebut menunjukkan bahwa Sebagian besar kemampuan peserta skill BHD sebelum diberikan pelatihan BHD adalah sebanyak 73,53% (25 peserta) dalam kriteria kurang, dan hanya 36,00% (9 peserta) berkemampuan cukup. Sedangkan setelah diberikan pelatihan BHD ada peningkatan kemampuan skill BHD yaitu 76,44% (26 peserta) berkemampuan Baik, dan 30,77% (8 peseta) berkemampuan cukup.  

 

Kata kunci: Edukasi, BHD, Masyarakat Awam
PENINGKATAN PEMAHAMAN ORANG TUA TENTANG UPAYA MENGEMBANGKAN CURIOSITY BALITA ERA SOCIETY 5.0
Authors: SITI INDATUL LAILI SITI INDATUL LAILI , Tri Peni  , Ariu Dewi Yanti
Published: April 2024

Masyarakat harus dapat memanfaatkan inovasi dan transformasi digital dengan sebaik-baiknya sehingga dapat terwujud individu termasuk orang tua dan anak dapat hidup aman, nyaman, dan sehat. Tujuan meningkatkan pemahaman tentang upaya mengembangkan curiosity balita di era society 5.0. Metode pelaksanaan meliputi: persiapan, pelaksanaan dilakukan dengan evaluasi pemahaman mitra sebelum penyuluhan, pemberian penyuluhan, dan evaluasi pemahaman mitra sesudah penyuluhan. Kegiatan pengabdian kepada masyarakat ini dilakukan di Dusun Wonoayu Timur, Desa Dukuhmojo, Kecamatan Mojoagung, Kabupaten Jombang pada 13 Juni 2023. Pemahaman mitra pada kategori sangat baik sebelum di berikan penyuluhan tentang tentang upaya mengembangkan curiosity balita di era society 5.0 sebanyak 0 (0%) dan setelah diberikan penyuluhan meningkat menjadi 22 (47%). Hal ini menunjukkan terdapat peningkatan pemahaman peserta tentang upaya mengembangkan curiosity balita di era society 5.0. Melalui kegiatan penyuluhan berarti menyebar luaskan informasi dengan cara memberikan penjelasan. Sehingga terjadi proses belajar pada mitra. Setelah dilakukan penyuluhan ini diharapkan memahami penjelasan materi penyuluhan.
Diskusi Komunitas Remaja Laki-Laki Untuk Meningkatkan Pemahaman Kesehatan Reproduksi Dan Kekerasan Seksual
Authors: Saudah Noer , Ningsih Sulistiawati , Zainal Abidin Chasiru , Natalina Upit , Lestari Indah
Published: April 2024

Adolescents are not yet aware of the importance of maintaining sexual and reproductive health, while teenagers are very vulnerable to various problems related to sexual and reproductive health. So far, programs to improve reproductive health and prevent sexual violence have been mostly directed at women. As a result, issues of reproductive health, gender, sexual violence, maternal and child health and family planning are often considered women's affairs. This situation makes men isolated from reproductive health issues and sexual violence. On the other hand, achieving gender justice and equality, fulfilling reproductive health rights and the right to be free from sexual violence against women is progressing slowly without the involvement of men as part of the issue itself. Method The first activity carried out is training and coaching of cadres and health workers which will be carried out over 2 meetings, followed by REMAKI DISCO with participants from the Jabon Village Youth Organization, Kec. Mojoanyar, Mojokerto Regency for 1 week in improving reproductive health behavior and preventing sexual violence. There is a fairly good understanding of reproductive health behavior and prevention of sexual violence among male adolescents in the village of Jabon sub-district. Mojoanyar District. Mojokerto. The role of village government, cadres and health workers as well as facilitators in DISKO REMAKI is expected to be able to provide the support needed for adolescent boys to be able to maintain healthy reproductive behavior and prevent sexual violence in their environment.
Deteksi Dini Si Manis ( Silent Killer ) Di Dusun Tegalsari Desa Jabon Kecamatan Mojoanyar Kabupaten Mojokerto
Authors: Rahmawati Ima
Published: April 2024

Diabetes Mellitus is a metabolic disorder characterized by an increase in blood sugar due to decreased insulin secretion by pancreatic beta cells and impaired insulin function (insulin resistance). By measuring glycohemoglobin (HbA1c) you can find out what percentage of the red blood cell dye (hemoglobin) contains sugar. HbA1c is also recommended as the final goal of therapy and is recommended to be done at least twice a year. If the treatment target has not been achieved, it is recommended to check HbA1c 4 times a year. The aim of controlling blood glucose levels in DM is to minimize the occurrence of cardiovascular complications and improve the sufferer's quality of life. The benchmark for whether DM is controlled or not is by checking HbA1c in the blood. If the level is more than 7% then it needs to be treated with insulin or anti-diabetic drugs.
Legal Protection of Small and Medium Industry Products Through Trademark from an Islamic Law Perspective
Authors: Yulia Yulia , Herinawati Herinawati , Rahman Malahayati
Published: April 2024

Brand regulations in Law Number 20 of 2016 concerning Marks and Geographical Indications emphasize that a brand is a sign that can be displayed graphically in the form of an image, logo, name, word, letter, number, color arrangement, in the form of 2 (two) dimensions and/or 3 (three) dimensions, sound, hologram, or a combination of 2 (two) or more of these elements to differentiate goods and/or services produced by individuals or legal entities in goods and/or services trading activities. Brands are important in the business world of trading goods and services. Brand as a means to introduce a product to consumers. In reality, many products can deceive and confuse consumers in choosing products. Islam views brands as assets whose ownership must be protected. This article will analyze the legal protection of small and medium industrial products through trademark registration from the perspective of Islamic law. This research is a normative legal research study by conducting library research and using a statutory approach to the primary, secondary and tertiary legal materials used. The research results found that trademark rights in Islamic law are assets whose ownership rights must be protected from things that are detrimental to the brand owner. In Islamic law, plagiarizing, counterfeiting and duplicating a product brand, including small and medium industrial brands, without the owner's permission are prohibited acts. So, the protection of trademark rights in Islamic law is based on the principle of mu'amalah, namely eliminating injustice, avoiding danger, and realizing the public benefit.
APPLICATION OF RESTORATIVE JUSTICE IN TRAFFIC ACCIDENTS CASES
Authors: Iqbal Muhammad , Muksalmina Muksalmina , Nasution Anhar , Saputra Jummaidi , Wiratmadinata Wiratmadinata
Published: April 2024

This research aims to explain the efforts and factors that influence the implementation of restorative justice in traffic accident cases at the Banda Aceh Police Traffic Unit. The research results show that the application of restorative justice in resolving traffic accident cases is carried out by investigators after there is peace between the perpetrator and the victim's family. This is done before the Investigator sends a Notification Letter of Commencement of Investigation to the Public Prosecutor so that the case is not continued. Factors that influence the implementation of restorative justice consist of two factors, namely law enforcement and community cultural laws. The law enforcement factor is the lack of knowledge and understanding of investigators regarding applicable laws and regulations. Community legal culture factors are related to religion, values, attitudes and behavior in people's lives so that they influence decision making to resolve traffic accident cases experienced through restorative justice. We hope that traffic accident unit investigators from the Banda Aceh Poresta Traffic Unit can increase their knowledge and understanding of procedures for handling traffic accidents through restorative justice. So that the application of restorative justice in resolving traffic accident cases can be carried out in accordance with the procedures for resolving cases based on the provisions of applicable laws and regulations.
Administrative “Determinations of Law” and the Limits of Legal Pluralism after Vavilov
Authors: Cottrill Edward
Published: April 2024

As the doctrine of judicial review has matured, Canadian courts have become increasingly attuned to the role that administrative agencies play in maintaining the rule of law. The courts have recognized that in order for administrative agencies to function effectively, they must have some freedom to interpret their statutes. Accommodation of nonjudicial interpretations of law, however, has limits. While the courts have often addressed jurisdictional limits in Diceyan terms, they have also addressed the structural limitations that flow from the nature of delegated discretion. These limitations make it impossible for administrative agencies to make determinations of law as courts do. Most agencies do not have the power to create binding policy or otherwise resolve ambiguities in their enabling statute. Rule of law concerns may arise from the resulting uncertainty as much as from questions of vires. Administrative agencies are unable to settle constitutional questions, questions of central importance to the legal system, or jurisdictional disputes between agencies. Settling ambiguity in existing law is a function that only the courts can perform. Nonetheless, the legitimacy of law-making by nonjudicial institutions within their limits has long been recognized in the common law world. This article describes the development of legal pluralism regarding the sources of law in Canadian jurisprudence. The article then examines the extent to which Vavilov’s new framework for reasonableness review articulates how nonjudicial decision-makers might manifest the rule of law within a “culture of justification.”
Exploring New Shores: An Overview of the Legal Landscape Relating to the Supply and Transportation of LNG from Canadian Ports
Authors: Bromley John , McIver Ian , Acworth Robin
Published: April 2024

This article provides an overview of the key areas of the legal landscape downstream of liquefaction terminals in the context of Canadian LNG projects. This will be of particular interest to those involved in Canada's nascent LNG industry, including project proponents, buyers and sellers of LNG, and owners and operators of LNG carriers and other vessels intending to load LNG, either as cargo or bunker fuel, from a terminal in Canada.
Canada’s LNG industry has had a rocky start in some respects, with many projects having been shelved and a number of the remaining projects facing an uncertain future due to market conditions, regulatory obstacles, and other challenges. However, there continue to be many factors supporting the development of LNG liquefaction capacity in Canada, including the desire to supply the world with responsibly sourced, cost-effective, and relatively clean fuel, and it is expected that a number of projects will ultimately proceed.
The supply and transportation of LNG from such projects once they become operational will engage the body of maritime laws governing the operation of ships in Canadian waters and, where relevant, Canada’s export laws. Other requirements may additionally apply by virtue of the contractual arrangements typically entered into in connection with such activities. Such regulatory and other requirements, and their place within the broader LNG value chain, are the subject of this article.
The Walking Wounded: Failure of Self-Represented Litigants in 2017 Supreme Court of Canada Leave to Appeal Applications
Authors: Netolitzky Donald J.
Published: April 2024

Self-Represented Litigants (SRLs) are persons who appear in court and tribunal proceedings without a lawyer. They are rarely successful at the Supreme Court of Canada. Despite SRLs being the subject of considerable attention as a facet of the "access to justice crisis," this article reports the first statistical quantitative investigation of a Canadian SRL population. This article examines all of the SRL leave to appeal applications at the Supreme Court of Canada in 2017, categorizing them by party type, legal issue, and level of sophistication. No procedural obstacles were identified to SRL participation at the Supreme Court. Instead, the failure of SRLs in Supreme Court proceedings results from the substance of their filings.
The Emergence of a Normative Principle of Co-operative Federalism and its Application
Authors: Carrière Scott A.
Published: April 2024

This article provides an overview of co-operative federalism within Canadian legal history and jurisprudence. The author contends that co-operative federalism has expanded to now comprise two distinct branches. “Coordinative co-operation” is the intentional coordination by federal and provincial governments to enact policy that requires the constitutional powers of both. The author contends a new branch, “conjunctive co-operation,” directs courts to prefer interpretations of federal and provincial legislation that do not bring them into conflict, allowing them to operate conjunctively. This article outlines the application of both branches in the resolution of contemporary interjurisdictional disputes and considers their implications. Finally, the article attempts to place co-operative federalism within Canada’s constitutional doctrine.
Lawyers as Quasi-Public Actors
Authors: Wendel W. Bradley
Published: April 2024

American lawyers are often conceived of as agents of the client (mere hired guns or mouthpieces for their client) who can select specific categories of clients at their discretion. However, the law governing lawyers as a whole is not purely private in nature as it does place some public duties on lawyers. An example of this is the rule in the American Bar Association’s Model Rules of Professional Conduct that imposes a duty on lawyers to provide pro bono legal services to those who need it. Although this duty is not enforceable through the disciplinary process, this responsibility will nevertheless continue to fall on individual lawyers due to the political realities in the United States. The author provides a justification for this unenforceable requirement by conceptualizing lawyers as quasi-public officials, thereby imbuing the lawyer’s role with responsibilities to both the client and to the legal system. Rather than being soley private actors, lawyers have a duty to act in the interests of justice, thereby ensuring “access to justice.”
Alberta’s Mental Health Review Panels: Accountable, Transparent Adjudication?
Authors: Nelson Erin
Published: April 2024

This article examines issues of accountability and transparency in Alberta’s Mental Health Review Panel process. A person who is involuntarily admitted to a mental health facility, or who is subject to a community treatment order (CTO), can appeal to the Review Panel to have their admission certificates or CTO cancelled. This process is intended to provide access to a decision-maker to review decisions that affect the liberty of those living with mental illness. Unfortunately, Alberta’s Mental Health Review Panels are not transparent or accountable decision-makers.
 
The article begins with a brief outline explaining the delivery of mental health care in Canada, followed by a description of Canadian law on CTOs. The article then examines Alberta’s Mental Health Review Panels — first in terms of their role in relation to CTOs, followed by concerns about accountability and transparency in the Review Panel process. Finally, the article looks at legal and system reforms that will enhance the accountability of the process.
Criminal Justice Reform: A Transformative Agenda
Authors: Skolnik Terry
Published: April 2024

Few of the criminal justice system’s problems are new. Indigenous and racialized persons continue to be over-represented in the criminal justice system. Pretrial detention rates have increased significantly during the past 30 years. The criminal law is still used to regulate social problems — poverty, homelessness, and substance use — that it cannot fix. Although law reform happens with some frequency, these underlying problems persist.
 
This article advances a transformative agenda for criminal justice reform. It argues that law reform fails to address three mutually reinforcing features of the criminal justice system that exacerbate its persisting problems. First, reform efforts accord insufficient importance to rehabilitation and reintegration. Second, reform initiatives do not address the growth of police powers that lack adequate transparency and oversight. Third, existing reforms ignore how the justice system increasingly allocates power towards prosecutors and the police, while removing that power from judges.
 
This article’s core argument is that the criminal justice system must be completely transformed in order to address its underlying issues. It contends that meaningful criminal justice reform must take place across four dimensions: (1) substantive criminal law reform; (2) sentencing reform; (3) criminal procedure reform; and (4) institutional reform. It concludes by providing an agenda for criminal justice reform, which includes a set of concrete proposals in each of these four dimensions. Ultimately, this article shows why transformative law reform is necessary to treat individuals with greater dignity, foster rehabilitation and reintegration, and combat the criminal justice system’s worst tendencies.
The Dawn of Vavilov, The Twilight of Doré: Remedial Paths in Judicial Review of Rights-Affecting Administrative Decisions and The Unification of Canadian Public Law
Authors: Sangiuliano Anthony
Published: April 2024

This article examines Canada’s position on the debate among comparative administrative law theorists about whether a court should apply the principle of proportionality to adjudicate allegations that an administrative agency has unjustifiably infringed human rights. On first impression, it would appear that decades ago, the Supreme Court of Canada affirmed the use of proportionality on judicial review of administrative decisions that allegedly limit rights that are explicitly protected under the Canadian Charter of Rights and Freedoms. It would then appear to be an open question whether or not the Supreme Court should “unify” Canadian public law by extending proportionality to cases where it is alleged that a decision has negatively impacted individual interests that do not enjoy constitutional protection. I argue that this framing of the debate from a Canadian perspective wrongly assumes that, by applying proportionality to adjudicate alleged infringements of Charter rights, the Supreme Court has applied it to all cases where an administrative decision has allegedly infringed human rights. In reality, the Supreme Court has applied proportionality only to cases where a person seeks a constitutional remedy for a violation of her Charter rights, not to cases where a person seeks an administrative law remedy traditionally available at common law for a negative impact on her human rights that are protected at common law. I argue that only more recent Supreme Court decisions can be interpreted as “unifying” Canadian public law by applying proportionality where a person seeks a common law remedy. Moreover, these conclusions suggest that the older legal doctrines the Supreme Court has developed applying proportionality where a person seeks a constitutional remedy should be substantially reformed.
Banks as Delegated Regulators of Technology
Authors: Konina Anastasia
Published: April 2024

Canada’s largest banks rely on private developers of regulatory technology (RegTech) to comply with the requirements of the Office of the Superintendent of Financial Institutions (OSFI). RegTech’s algorithms allow banks to organize unstructured data, identify, assess and mitigate risk, and generate and submit reports. While the use of RegTech significantly facilitates financial reporting and compliance, it also presents risks. The unsupervised process of translating the language of regulations into computer code may lead to the misinterpretations of regulatory requirements. Also, due to the opacity of private algorithms, mistakes of RegTech instruments may go unnoticed, resulting in systemic failures.
 
In light of these risks, this article examines the potential of Canada’s federally regulated banks to act as delegated regulators of RegTech. Drawing on OSFI’s previous initiatives, this article suggests that the regulator create RegTech quality standards and delegate the enforcement of these standards to banks through outsourcing contracts. These contracts should contain publicly mandated RegTech specifications and clauses that reserve the banks’ rights to monitor, audit, and punish non-compliant RegTech companies and share information with OSFI.
 
This article also discusses the benefits and policy implications of delegated regulation of RegTech. First, by imposing a public duty on the banks, delegated regulation causes changes in corporate governance. Second, it allows the under-resourced regulator to use banks as regulatory resources. Third, it extends the application of public norms to those RegTech companies that otherwise would have avoided public oversight. Fourth, it reshapes the market for RegTech services by forcing banks to develop in-house technology that, in the long term, may be a cheaper and less risky alternative to outsourcing.
 
In conclusion, this article addresses the arguments that may be levelled against the delegated regulation of RegTech and discusses opportunities for more direct involvement of the regulator in technology-driven reporting and compliance.
The Purpose Error in the Modern Approach to Statutory Interpretation
Authors: Mancini Mark
Published: April 2024

The modern approach to statutory interpretation mandates that statutes be read with an eye toward harmonizing their text, context, and purpose. This article notes that jurists can stray from the modern approach by prioritizing abstract statutory purposes over the specific legal rules by which an act pursues these objectives, a mistake here identified as the “purpose error.” The article argues that the purpose error contradicts the principle of legislative supremacy and recent guidance by the Supreme Court. The article furthers suggests that two factors generally drive the commission of the purpose error. First, the definition of the statutory purpose at an unduly high level of abstraction. Second, the failure to qualify a statute’s primary purpose by considering other competing secondary purposes that the act also aims to achieve. The article finally submits that awareness of the “purpose error” is key to ascertaining the scope of the “making available” right under the Copyright Act — a question that will soon come before the Supreme Court.
The Evolving Approach to Charter Interpretation
Authors: Feasby Colin
Published: April 2024

The Supreme Court of Canada’s living tree metaphor and purposive method of interpretation shaped Charter jurisprudence over the last four decades. This article explains that the Supreme Court is revising its approach to Charter interpretation in reaction to criticism by observers who advocate textualism and originalism. The article explores the contours of the Supreme Court’s emerging purposive textual method of interpretation and considers the implications of the interpretive approach for existing Charter jurisprudence. Potentially significant implications of the changes in the Supreme Court’s interpretive method are identified.
Recent Judicial Decisions of Interest to Energy Lawyers
Authors: Fellowes Karen , Doelman Natasha
Published: April 2024

The second year of the COVID-19 pandemic continued to impact the Canadian economy, commercial activity, and the legal system in general. Courts, tribunals, legislatures, law firms, corporations, and workers all learned to adapt to remote working, remote hearings, and new ways of living. Within the crisis came opportunities to modernize systems and think about new ways of accessing justice.
This article summarizes a number of recent judicial decisions of interest to energy lawyers. The authors review key case law from several broad areas, including: Indigenous and First Nations law; contractual interpretation; environmental law; tax law; corporate and securities law; bankruptcy and insolvency; and constitutional law. In each area of law, the authors will provide insight on the significance and potential implications of these decisions on the Canadian energy industry.
The authors also canvas more specific topics, such as: economic interests and the Crown’s duty to consult; the Canada Revenue Agency’s priority ranking in the restructuring process; the ability of receivers to disclaim an agreement in the bankruptcy process and unilaterally impose go-forward terms on a secured party; the priority of builders’ liens in the face of abandonment and reclamation obligations; the evolution of the “reverse vesting order”; and provincial control over resources.
Exploring the Role of Mandatory Mediation in Civil Justice
Authors: Acharya Nayha
Published: April 2024

In this article, I offer a framing of the debates around mandatory mediation that rest on the premise that a legitimate civil justice process depends on unhindered access to an adjudicative system, which must be recognized as a procedural right. This is a keystone of the rule of law, and a valid legal system that deserves the authority that it asserts is contingent on this. My central thesis is that requiring mediation (which is independent of the rule of law) before allowing full access to adjudication compromises the procedural rights of legal subjects, and the rule of law principle. Such a mandate is, therefore, an improper exercise of legal authority. This does not, however, mean that mediation cannot have significant value in enhancing the civil justice commitment to human dignity. The benefits that abound in mediation should be widely accessible, especially because mediation can (when it functions well) offer autonomous, empowered decision-making. The analyses that I offer here pave the road for determining, pragmatically, how mediation should be incorporated into civil justice systems, such that individuals can have legal claims adjudicated in a system that centralizes the rule of law and may also choose an equitable and well-structured mediation system that is responsive to concerns raised by critical race and feminist scholars about informal dispute resolution.
The Lost Art of the Plea Inquiry: Learning From the Past to Prevent Wrongful Convictions in the Future
Authors: Côté David
Published: April 2024

A guilty plea wrongful conviction occurs when an innocent person pleads guilty to a crime that they did not commit. Canada’s main procedural protection against guilty plea wrongful convictions is an inquiry, codified in sections 606(1.1) and (1.2) of the Criminal Code, that courts must conduct before accepting a plea from the accused. This plea inquiry requires that a court be satisfied of three conditions before accepting a guilty plea from an accused: (1) that the plea is voluntary, (2) that the plea is informed, and (3) that the facts support the charge.
The goal of this article is to show that sections 606(1.1) and (1.2) offer insufficient protection against false guilty pleas and can be improved by learning from the early common law courts’ approach to plea inquiries. This article argues that when sections 606(1.1) and(1.2) were enacted in 2002, guilty plea wrongful convictions were poorly understood and, as a result, Parliament crystalized a plea inquiry that systematically fails to account for many recently recognized causes of false guilty pleas. However, this article suggests that sections 606(1.1) and (1.2) can be improvedby looking to the early common law, when courts were skeptical of guilty pleas and the risk of wrongful conviction. In particular, this article recommends three ways that sections 606(1.1) and (1.2) can be improved: (1) to conduct a full plea inquiry in every case, (2) to individualize the inquiry to the accused by considering their circumstances and motive for pleading guilty, and (3) to foster a skeptical attitude towards guilty pleas amongst the judiciary. This article further argues that these lessons can, at least in part, be implemented by challenging the constitutionality of sections606(1.1) and (1.2) under section 7 of the Charter.
Tending Gardens, Ploughing Fields, and the Unexamined Drift to Constructive Takings at Common Law
Authors: Harris Douglas
Published: April 2024

Expropriation law in Canada has operated on the basis of two presumptions at common law: that compensation is owing for the compulsory acquisition of property unless specifically indicated otherwise by statute; and, that no compensation is owing for land use regulation unless specifically provided for by statute. In its decision in Annapolis Group Inc. v Halifax Regional Municipality, the Supreme Court of Canada abandoned the second presumption that compensation for land use regulation required a statutory foundation. The majority and dissent proceed on the unexamined foundation that there is a common law basis for compensation in claims for constructive takings or de facto takings. This article sets out the earlier consensus, documents the drift to constructive takings at common law, and presents the implications.
DETERMINAN TURNOVER INTENTION: STUDI KARYAWAN NON PEGAWAI NEGERI SIPIL DI FAKULTAS EKONOMI DAN BISNIS UNIVERSITAS MATARAM
Authors: Abimanyu Raditya Razindra , Suryatni Mukmin , Nurmayanti Siti
Published: April 2024

This study examines the relationship between non-civil servant employees' intention to leave the Faculty of Economics and Business at the University of Mataram and job stress, organizational commitment, job satisfaction, and social support. Explanatory research is the kind of study that is employed. 75 non-civil servant employees of the University of Mataram's Faculty of Economics and Business were surveyed as part of the data collection process. PLS-SEM is the analytical tool employed. The analysis's findings indicate that: (1). job stress positively and significantly influences non-civil servant employees at the Unram Faculty of Economics and Business' intention to leave (2). The intention of non-civil servant employees at the University of Economics and Business to leave has a strong correlation with organizational commitment (3). The intention of non-civil servant employees at the Unram Faculty of Economics and Business to leave has no discernible relationship with job satisfaction (4). The intention of non-civil servant employees at the Unram Faculty of Economics and Business to leave has no discernible impact when it comes to social support
CAPÍTULO INVISÍVEL DO MODERNISMO BRASILEIRO: o despertar da segunda geração modernista através das paisagens adormecidas pela história
Authors: Vale Fábio do , Rebollo Lisbeth
Published: April 2024

Este trabalho traz – à luz da descolonização – o compromisso investigativo de pós-doutoramento pela Universidade de São Paulo, através da Escola de Comunicações e Artes da Universidade de São Paulo (ECA-USP) em consonância com o PROLAM Programa de Pós-Graduação em Integração da América Latina. A investigação teve como laboratório o grupo de Pesquisa Recepção Estética e Crítica de Arte, coordenado pela professora doutora Lisbeth Ruth Rebollo Goncalves. A problemática moderna esteve na bancada dos planos epistemológico e cultural. Nesse ínterim, pensar a organização de um livro em formato de e-book para a reunião de trabalhos confluentes a essa temática se deu pela estratégia recolher e, sobretudo, resgatar as páginas da história artística da segunda geração do modernismo brasileiro na década de 1930 que, por diversas inconsistências políticas e principalmente socioeconômicas, foram silenciadas. A atividade contemporânea tem caminhado em passos paulatinos a lugares inatingíveis e isso se dá pela ausência informativo-cultural que a nossa história produziu, porém não se reverberou por questões adversas de um grupo de artistas – Grupo Santa Helena – bastante afamado do período modernista e que por si só, não compreendiam outros artistas que não fossem do seu conluio. Utilizando o banco de dados do acervo digitalizado do Jornal Estadão, bem como, reuniões mensais por videoconferência coordenadas pela mesma supervisora, foram selecionados registros históricos que – a partir deste trabalho – fomentará e auxiliará no preenchimento das lacunas adormecidas do modernismo brasileiro em sua segunda geração coerente, justa e, consequentemente, contribuinte para a formação cultural da nossa fortuna crítica artístico-literária sendo este trabalho, o produto final do período conclusivo de pós-doutoramento e que também visa homenagear e enaltecer os artistas santelenistas.
DO FIGURATIVISMO AO ABSTRACIONISMO: a exposição que inaugurou o Museu de Arte Moderna de São Paulo
Authors: Façanha Astrid , Rebollo Lisbeth
Published: April 2024

Artigo sobre a inauguração do Museu de Arte Moderna de São Paulo (MAM-SP), no ano de 1949. Uma série de manifestações inconformistas, em torno da arte moderna, na primeira metade do século 20, convergiram para que a cidade de São Paulo ganhasse um espaço destinado a esta nova arte, nos moldes do MOMA, em Nova York. O término da segunda guerra mundial influencia a oferta de obras no velho continente. No Brasil, o otimismo em relação à chamada quarta república trouxe um respiro de democracia, ao mesmo tempo em que o país alinhava suas políticas externas com os interesses norte-americanos. A exposição de abertura do museu, Do figurativismo ao abstracionismo, não teve arte figurativa. Esta, passa a ser considerada datada, segundo a proposta evolucionista e emancipatória que levaria à abstração. Localmente, uma nova sociedade industrial e urbana começava a se formar. A pacata São Paulo estava a ponto de virar a Paulicéia Desvairada. Com muita ousadia e sob uma chuva de controvérsias, a inauguração do Museu de Arte Moderna é a materialização do ideal de uma mudança paradigmática que ainda demoraria a se firmar.
A REVISTA ANHEMBI E A I BIENAL DE SÃO PAULO
Authors: Bedtche Araceli Barros da Silva Jellmayer , Gonçalves Lisbeth Rebollo
Published: April 2024

O presente artigo objetiva amealhar as contribuições da revista Anhembi para o panorama artístico nacional, no contexto da I Bienal paulistana. Com um caráter formativo, Anhembi se colocava na missão de analisar a contribuição artística brasileira ao se aprofundar nas teorias e elementos compositivos da criação artística. Através da crítica de Luís Martins, Anhembi recebeu com entusiasmo a I Bienal Internacional de Artes de São Paulo (1951) e ambas compartilharam de um mesmo ideal de valorização e divulgação das diferentes linguagens artísticas. A mostra internacional paulistana consagrou-se como o primeiro evento internacional de grande porte a ocorrer fora da Europa e dos Estados Unidos. O Brasil inseria-se dignamente nos circuitos oficiais de arte. Neste artigo, serão analisadas apenas três edições da revista publicadas em 1951 e 1952
INTERNACIONALISMO NA ARTE DA III BIENAL DE SÃO PAULO
Authors: Mura Cristina , Rebollo Lisbeth
Published: April 2024

Esse artigo trata da III Bienal de São Paulo de 1955, evento marcado por debates já em voga sobre as vertentes abstratas e figurativas, além de intensas polêmicas sobre os processos institucionais de seleção e premiação. A seleção de obras para os prêmios de aquisição dessa Bienal envolveu critérios não muito claros como a relação da crítica de arte local com o contexto internacional e questões diplomáticas. Apesar da resistência de parte dos artistas e críticos, a Bienal de 1955 consagrou a abstração. O conjunto de obras apresentadas nessa Bienal ressalta o projeto didático de Sérgio Milliet de formar o gosto do público e de criar um acervo de arte moderna em São Paulo. Com isso, a III Bienal acentua ainda mais a sua vocação internacionalista presente nas edições anteriores. Entretanto, o legado do ideal transformador do modernismo brasileiro estará presente na Bienal Abstrata de 1955 não apenas atualizando a "inteligência artística brasileira" para não perecer, mas com o propósito de provocar um intercâmbio cultural e a criação de um sistema internacional de circulação de artistas e obras.
O 2º SALÃO DE MAIO: de um evento à margem do sistema à primeira exposição internacional de arte moderna no Brasil
Authors: Façanha Astrid Sampaio , Gonçalves Lisbeth Rebollo
Published: April 2024

Este artigo investiga o 2º Salão de Maio e sua importância na construção de uma perspectiva modernista para a arte feita no Brasil. A exposição que ocorreu na cidade de São Paulo, no ano de 1938, foi a continuação de um evento realizado por artistas que não se enquadram nos salões de arte oficiais. Eram marginalizados por uma sociedade dominantemente conservadora e comprometida com a tradição pictórica das Belas Artes. No entanto, o 2º Salão de Maio, não só acabou atraindo adeptos de uma elite intelectual e financeira progressista, como, graças ao engajamento de dois de seus organizadores, os artistas Quirino da Silva e Flávio de Carvalho, despertou atenção internacional. O britânico Herbert Read, professor e historiador de arte moderna, contribuiu com uma pequena curadoria de artistas do seu país, dedicada ao surrealismo e à abstração.
PEER-TO-PEER AUDIO STREAMING USING THE TOR NETWORK: PROBLEMS, OPPORTUNITIES AND DEVELOPMENT PROSPECTS
Authors: Danylov Vitaliy
Published: April 2024

This article analyses the potential and challenges associated with the implementation of audio streaming in the anonymous Tor network and the use of peer-to-peer (P2P) technologies. The main focus is on discussing the technical and conceptual issues that arise when integrating audio streaming services with the Tor network, including delays, limited bandwidth and other limitations that affect audio quality. The aim of the study is to find practical solutions to the problem of anonymous audio streaming using Tor technologies or other means to preserve anonymity. By analysing different approaches and tools, it becomes apparent that peer-to-peer broadcasting offers a flexible solution that allows audio to be transmitted over P2P networks, reducing the load on individual nodes and optimising bandwidth usage. This solution offers opportunities for scalability, fault tolerance, bandwidth optimisation and latency reduction, making it an attractive option for audio streaming setups. Meanwhile, the Utopia ecosystem, with its decentralised structure and high level of privacy protection, is another potential solution. Not only does it allow bypassing censorship and firewalls, but it also ensures anonymity in communication and data exchange. With its built-in audio and video communication tools, as well as the ability to create private channels and share files, Utopia can become a reliable platform for streaming audio. Thus, based on the analysis, the solution to the problem of anonymous audio streaming may lie in the integration of technologies such as Peercasting and Utopia, which provide not only the technical capability for streaming, but also a high level of privacy protection for users. It is also important to consider the flexibility of these solutions and the ability to adapt to the specifics of anonymous networks and user requirements. The practical significance of the study of audio streaming over Tor using P2P technologies is to develop methods to increase the anonymity and security of audio communications, which is critical in the face of growing threats to privacy on the Internet. This allows to overcome censorship and Internet restrictions in repressive regimes, providing users with freedom of thought and access to information.
ANALYSIS OF SHIPPING FINANCING SOURCES IN THE CONTEXT OF UNCERTAINTY
Authors: Ivantsov Volodymyr
Published: April 2024

The article is aimed at identifying the peculiarities of financing shipping under conditions of uncertainty and analysing the sources of financing of shipping companies. Methodology. This study is based on the analysis of trends in the socio-economic, military-political and environmental situation, which cause global uncertainty and limit the ability of shipping companies to obtain external financing. The article compares the Petrofin Global Ship Finance Index with the dynamics of seaborne trade volumes for the period from 2008 to 2022, determines the correlation coefficient of these indicators and identifies the leaders among the banks-creditors of the shipping industry in terms of the volume of shipping loans in the loan portfolio. Results. The study shows a direct correlation between the shortage of shipping financing and the three main forms of global uncertainty. The results of comparing the Petrofin index with the growing dynamics of seaborne trade indicate a decrease in the role of banks and an increase in the role of alternative sources to cover the shortfall in shipping financing, such as raising resources from capital markets, financial and leasing companies, private equity funds, private equity and venture capital investments, investment platforms, hedge funds, state capital, and capital from international organisations. The main reasons for the change in the structure of shipping companies' funding sources are the conservative lending policy of banks in the crisis, tighter regulation, higher interest rates, lending only to borrowers with a positive credit history, and increased loan collateral requirements. Instead, the advantages of alternative sources of financing are flexibility, speed, less regulation compared to banks, the ability to provide large volumes, new types and forms of financing, and more competitive rates. Practical implications. The volatile external environment complicates the process of finding financing for shipping companies, which directly affects fleet renewal, the increase in the cost of ship construction and refurbishment, and the digital and environmental modernisation of shipping. Therefore, shipping companies should diversify their sources of financial resources, have a margin of safety in equity, and redistribute their borrowing portfolio between bank loans and alternative forms of financing. Value/Originality. The analysis of traditional and alternative sources of financing for shipping in the context of macroeconomic instability allows to identify key trends in investment policy towards shipping companies, to identify the specific needs of shipping companies in the face of various forms of global uncertainty and to outline the features of the most common sources of financing.