bluuebunny/crossref_metadata_2025 huggingface dataset:
Refletindo sobre Projetos Esportivos Sociais e a Capoeira
Authors: Conceição Carlos Sérgio Rabelo da , Palhares Leandro Ribeiro
Published: June 2020

Este texto tem por objetivo apresentar e discutir os projetos esportivos sociais e a sua influência na vida de crianças e jovens. O estudo se deu através de revisão bibliográfica em que se destacasse a relação dos projetos esportivos sociais e a vida de participantes desses projetos, tendo como referencial teórico a abordagem histórico-cultural de Vigotski. Como forma de exemplificação, foi usada a capoeira, identificando elementos como conceito histórico, implantação em projetos sociais e seus efeitos. Os projetos esportivos sociais vem ganhando destaque nos últimos anos e constitui uma nova forma de educação legítima no Brasil.
A Identidade Histórico Cultural de São Paulo por Meio de sua Narrativa Identitária
Authors: Leonarde Alexandre
Published: June 2020

O artigo estuda a identidade cultural da cidade de São Paulo, assumindo-a como dinâmica e aberta, não fixa e não permanente, caracterizada pela multiplicidade. Para captar tais identidades, sem referenciais estáveis, analisou-se sua narrativa identitária, o que permitiu captar como a cidade é imaginada, revelando suas múltiplas identidades. Na perspectiva histórica, a identidade cultural da cidade foi vinculada à velocidade, ao trabalho e ao progresso. Porém, em São Paulo nas últimas décadas, o entretenimento vem ganhando relevância econômica, espaço nos meios de comunicação, é importante empreendimento econômico, meio de sua promoção turística, por fim, compondo sua narrativa identitária, sendo considerado, no tempo presente, como mais um elemento da identidade cultural da cidade de São Paulo.
Os "avatares" do corpo rascunho
Authors: Jubé Carolina Nascimento , Almeida Dulce Filgueira de , Feres Neto Alfredo
Published: June 2020

Esse estudo possui como tema central a participação de jovens em redes sociais e as representações de corpo ali existentes. O objetivo do presente artigo é compreender o papel do corpo na construção identitária de jovens universitários inseridos em ambientes virtuais denominados de redes sociais. As informações coletadas foram tratadas por meio do programa SPSS 17.0 para Windows. Para dar suporte teórico à análise empreendida, utilizamos como interlocutores Bourdieu (2006), Castells (2002), Featherstone (1995), Hall (2006), Le Breton (2003; 2004; 2006), Lévy (1999), Daólio (1998), Betti (2008) e Feres Neto (2014). Os resultados apontam que os jovens investigados usam diversas ferramentas presentes nas redes sociais para representar o seu corpo. A representação proporcionada pelos sujeitos investigados tende para uma supervalorização dos atributos físicos, e os sujeitos exercem papéis sociais que sugerem um estilo de vida ativo.
As Mudanças do Programa Dança Curitiba
Authors: Assis Talita Stresser de , Rechia Simone , Tschoke Aline , Drula Andréia Juliane , Domingues Thiago
Published: June 2020

Buscou-se analisar neste estudo como aconteceram determinadas transformações do Programa “Dança Curitiba”, a partir de sua criação e desenvolvimento pela Secretaria Municipal de Esporte, Lazer e Juventude de Curitiba, bem como investigar quais foram os fatos que demarcaram tais mudanças. Partiu-se de uma abordagem qualitativa, em que os dados obtidos apontaram para alterações em relação aos espaços de desenvolvimento do programa. Entre elas: uma lei que proibiu o uso de parques e praças de Curitiba, a infraestrutura de alguns espaços e a instabilidade climática da cidade em questão. Nesse sentido, infere-se que essas variações podem restringir o público que assiste aos eventos do programa, assim como dificultar seu acesso.
A Atuação do Profissional de Educação física
Authors: Silva Cinthia Lopes da
Published: June 2020

Este trabalho tem como objetivo analisar a atuação do profissional de Educação Física e as políticas públicas de esporte e lazer no contexto brasileiro. Em 1988, o esporte e o lazer são reconhecidos como direitos sociais pela Constituição Federal brasileira, no entanto, o investimento do governo desse país no esporte como forma de lazer foi pouco significativo na última década. Como procedimentos metodológicos foi realizada uma pesquisa bibliográfica de tipo qualitativo. Os principais resultados foram: 1) é fundamental o profissional de Educação Física ser atuante na política pública nos âmbitos municipal, estadual e federal, de modo a propor uma ação estatal direcionada ao esporte participação; e 2) ter uma visão de esporte que possa ser acessível a toda a população, para isso os estudos do lazer são de grande contribuição.
O Lazer Sério de Robert A. Stebbins
Authors: Oliveira Saulo Neves , Doll Johannes
Published: June 2020

O presente artigo visa apresentar o serious leisure, do sociólogo Robert A. Stebbins. Trata-se de uma proposição teórica sobre uma forma de lazer que, aliada a outras duas formas – casual leisure e project-based leisure –, constituem uma perspectiva teórica mais ampla. Apresentamos uma síntese de cada uma dessas três formas e acrescentamos um levantamento inicial que fizemos sobre os estudos brasileiros que se utilizaram dessa teoria em suas análises sobre atividades de lazer. O objetivo é oferecer dados iniciais para interessados em desenvolver estudos sobre o serious leisure ou mesmo sobre as outras duas formas de lazer. Também visamos acrescentar elementos que podem ser úteis às discussões sobre atividades que poucas vezes são enfocadas através de teorias classicamente utilizadas no Brasil. Por fim, tecemos nossas considerações sobre a relativa ausência de uma perspectiva sobre o lazer, a do serious leisure que entendemos como merecedora de atenção, compreensão e análise, visando incrementar amplamente o desenvolvimento e os debates sobre os estudos do lazer no Brasil.
Rio 2016 e os Legados de Esporte de Lazer
Authors: Figuerôa Katiuscia Mello , Mezzadri Fernando Marinho , Silva Marcelo Moraes e
Published: June 2020

O objetivo do estudo é fazer um acompanhamento das relações entre as propostas para o esporte de lazer, inseridas no Dossiê de Candidatura e nos Cadernos de Legados dos Jogos Olímpicos e Paralímpicos Rio 2016, com o planejamento, ações e financiamento para a área durante a fase inicial de construção dos legados esportivos. A pesquisa tem caráter qualitativo e utiliza como instrumentos a análise documental e entrevistas abertas. Concluiu-se que, por enquanto, os olhares estão voltados principalmente para as promessas de entrega de infraestrutura, no que se refere à realização dos jogos e ao desenvolvimento do esporte de alto rendimento. As questões sobre o esporte de lazer vão sendo postergadas, correndo-se o risco de não se desenvolverem.
Inclusão Social Através do Desporto
Authors: Rossi Junior Renildo , Alencar Roselene de , Reis André , Liao Mary , Pereira Antonino
Published: June 2020

O presente estudo pretendeu compreender qual foi o papel do Programa “Pintando a Liberdade e Cidadania” na inclusão social em Feira de Santana. O estudo teve caráter etnográfico, e utilizou a técnica de análise de conteúdo para examinar os dados restantes da análise documental, da observação participante e de entrevistas. A maioria dos dados aponta o poder de unir e transformar as pessoas a principal razão para utilização do desporto como tema central do Programa. Dentre os seus principais objetivos, salientam-se o gerar trabalho, renda e a solidariedade. As estratégias principais utilizadas centraram-se em possibilitar oportunidades de vida aos mais carenciados e na formalização de convênios. A profissionalização e inserção profissional foram identificados como sendo os principais resultados obtidos. Entre as principais razões para o seu sucesso, salientam-se a liderança e a organização, o reconhecimento da comunidade e a busca de superação.
Attacks and damage of termites (Insecta: Isoptera) in different cocoa agroforestry systems (Nawa, Côte d’Ivoire).
Authors: Ollo SIB , Senan SORO , Crolaud Sylvain TRA BI
Published: June 2020

To maintain its status of leading producer of cocoa in the world, Côte d'Ivoire must be contain the different types of threats, including the emergence of termites in cocoa farms. This study was conducted in the south-west of the country to evaluate the effect of cropping systems (full sun system, intermediate system and shaded system) on termite attacks. The study was conducted in four localities with different cocoa agroforestry systems. The sampling was made on cocoa trees in quadrats of 30mx30m and the attack rate was calculated. Eleven (11) termite species were identified. The wood-feeders groups were dominant. These termites were responsible for 41.82% of the damage on cocoa trees. Termite Attacks vary between different cropping systems. Full sun systems were most attacked comparing to intermediate shade systems that were least attacked by termites. This work shows that the shade system has an effect on termite attacks in cacao trees. The choice of right system can help to significantly reduce termite attacks in cocoa farms.
Parametric Analysis of Thermal Blooming for High Energy Lasers Considering the Atmospheric Environment
Authors: Coronel Juan , Alameri Jawaher , Pantoja John , Kasmi Chaouki , Alyafei Fahad
Published: June 2020

Many studies were dedicated to the analysis of the propagation of High Energy Laser beams in free space. Laser beams propagation performance in the presence of atmospheric constituents may degrade by some interrelated linear and nonlinear phenomena. In this study, it is proposed a self-contained model including non-linear air temperature effect producing thermal distortion in laser propagation. In order to better understand the underlying phenomena, a set of quantifiers are described leading to the characterization of the laser thermal distortion. A parametric study is finally proposed in order to highlight the influence of the different parameters of the simulations.
MODERN VEHICLE EXHAUST SYSTEM DESIGN DYNAMIC ANALYSIS
Authors: Rakhmatov R.I. , Nadareishvili G.G: , Yudin S.I.
Published: June 2020

The article considers the procedure and results of calculation of the natural (eigen) frequencies and waveforms (oscillation modes or forms) of modern vehicle exhaust systems. The maximum values of exhaust system vibratory displacements are calculated.
Direito contratual, justiça rawlsiana e etos social
Authors: Martins Zanitelli Leandro
Published: June 2020

O artigo discorre sobre a relação entre o direito contratual e os princípios da teoría da justiça de Rawls, com especial atenção para o princípio da diferença. Parte-se da premissa de que as atitudes dos cidadãos (ou etos social) se sujeitam à influência das instituições. Todo o restante sendo igual, portanto, o princípio da diferença requer instituições que fomentem um etos social o mais igualitário possível. Conclui-se daí que o papel do direito contratual em uma sociedade ideal rawlsiana pode não ser o de promover a eficiência (isto é, beneficiar os cidadãos em pior situação mediante uma regulação eficiente das trocas), mas colaborar para um etos social menos propenso à desigualdade. Afirma-se que o direito contratual pode cumprir esse desiderato de duas maneiras: descritivamente, ao abrir mão da presunção de que os contratantes atuam unicamente para maximizar a própria utilidade (a presunção do homo economicus), e valorativamente, ao enaltecer comportamentos moderadamente altruístas.
PENGARUH NET PROFIT MARGIN, RETURN ON ASSET DAN RETURN ON EQUITY TERHADAP PERUBAHAN LABA PERUSAHAAN (Studi Kasus pada Perusahaan Manufaktur Sektor Industri Makanan dan Minuman yang terdaftar di Bursa Efek Indonesia Tahun 2013 – 2018)
Authors: Dewi Saraswati , Kistiani Alean , Niqrisah Yunita
Published: June 2020

Every company has a desire to make a profit in every production. In addition, the wider community measures the success of the company based on the company's ability to earn profits seen from the company's performance, but not only that the success of a company is also seen from the achievement of the company's vision and mission goals. One alternative to find out the financial information generated is useful by predicting changes in earnings. Including financial conditions in the future is analyzing financial ratios.

This study aims to determine the effect of Net Profit Margin, Return On Assets and Return On Equity on changes in company profits in food and beverage Sub Sector Companies Listed on the Indonesia Stock Exchange Period 2013 - 2018.

The type of data used is secondary data, namely regarding financial statements. The sampling technique used was purposive sampling of 13 companies. All data were analyzed by multiple linear regression analysis, classic assumption test, t test and coefficient of determination. The results of the research show partially the variables that influence the change in company profits are only Net Profit Margin. And simultaneously the independent variable has no effect on the dependent variable.

 

Keywords: Net Profit Margin, Return On Asset, Return On Equity, changes in company profits.
HISTORIC MEMORY IN THE CONTEXT OF INFORMATION STRUGGLE
Authors: Savchuk Natal'ya
Published: June 2020

The article considers the causes of actualization of the problem of preserving historical memory in modern society. The characteristics of categories "historical memory" and "historical consciousness" are given. The peculiarities and contradictions of formation historical memory, its function and importance in the conditions of information struggle are considered
SEMANTIC AND PRAGMATIC ASPECTS OF THE WORD «STILL»
Authors: Sitosanova Ol'ga
Published: June 2020

pragmatics, semantic, utterance, meaning, meanings of emphasis and contrasting.
New Zealand’s Counter-terrorism Strategy: A Critical Assessment
Authors: Battersby John , Ball Rhys , Nelson Nick
Published: June 2020

In mid-February 2020 New Zealand released its long overdue ‘Countering terrorism and violent extremism national strategy.’ This article draws on the experience of three academic commentators who cast a critical eye over the document and whose respective thoughts are brought together here. The approach taken is to discuss the purpose and fundamentals of what strategy is to provide a framework with which to review New Zealand’s first publicly released counter-terrorism strategy. Unfortunately, this important and long overdue strategy, in the view of the authors, comes up well short of what it should be. The authors offer a challenge to New Zealand’s policy makers concerned with national security to seek more depth in the consideration of their approach, to present a strategy with less graphic design, more substantial discussion of the fundamental questions relating to the management of modern terrorism and violent extremism, and an appreciation of the nuanced New Zealand experience with political violence from late twentieth century to the present day.
Irdisches Spiel – »Queer messmates in mortal play«
Authors: Handel Lisa
Published: June 2020

Die düstere Szenerie von Lauren Beukes Speculative Fiction-Urban-Noir-RomanZoo Cityführt in ein fiktives zeitgenössisches Johannesburg. Jene regieren auf Ausschluss zielenden Diskurse der Verwerfung, die besagen, dass nur »Schuldige« das Getierten-Phänomen auf sich ziehen. So sehrZoo Cityeinen Grund für das Symptom dieser sogenannten »ontologischen Verschiebung« verwehrt, desto mehr stehen hier die wirksamen Bedeutungen von Gewicht für die verkörperten und situierten Lebensformen auf dem Spiel.
Fostering Learner Autonomy as Agency: An Analysis of Narratives of a Student Staff Member Working at a Self-access Learning Center
Authors: Yamaguchi Atsumi
Published: June 2020

This study investigates narrative stories of a student staff member working at the Self Access Learning Center (the SALC) at Kanda University of International Studies, Japan in order to discover whether / how her working experiences in the SALC have an impact on her identities especially focusing on her development of learner autonomy as agency. Drawing on four layers of narrative positioning (Wortham & Gadsden, 2006), I will explore: 1) the ways that agency is projected; and 2) how the learner’s involvement in a SALC impacts on her identities. The examination revealed that the learner’s involvement as a student staff member enhanced her agency to access a target community of English in the SALC. Drawing on the Communities of Practice (CoP) framework by Lave & Wenger (1991), I discuss the possibility that gaining voice in the target community might enable a learner to be more autonomous. Finally, this paper addresses the importance of learner involvement in SALCs – not only for the learners involved, but also for other SALC users in order to provide opportunities to activate both agency and autonomy.
A Learning Success Story Using Facebook
Authors: Promnitz-Hayashi Lara
Published: June 2020

The use of Web 2.0 tools such as wikis and blogs is becoming more widespread in the language learning classroom, however social networking can also be an effective tool. Social networking is not only easy to use; it also helps encourage an autonomous learning within a social environment for students. Activities using a social networking site, such as Facebook, can put control for studying into the students’ hands. It can create not only motivation but also increase students’ social relationships outside of the classroom. This article discusses how simple activities in Facebook helped a lower language proficient class to become more comfortable participating in online discussions, giving their opinions and forging closer relationships with their fellow classmates.
Translanguaging in Self-Access Language Advising: Informing Language Policy
Authors: Adamson John , Fujimoto-Adamson Naoki
Published: June 2020

This study investigates language advising in a self-access center (SAC) with the purpose of informing language policy. This center is located in a new Japanese university and has shifted from an initially teacher-imposed ‘English-only’ language policy into one which encourages “translanguaging” (Blackledge & Creese, 2010, p. 105) between the students’ and center advisors’ (termed as mentors in this center) L1 (Japanese) and their L2 (English). Data from audio-recordings of interaction with advisors and students and between students themselves, interviews with mentors, and student questionnaires all reveal how translanguaging occurs in practice and how it helps to create a learning space in which the “local, pragmatic coping tactics” (Lin, 2005, p. 46) of code-switching offer a more viable approach for learning than under its initial monolingual policy. Mentor interviews and student questionnaires indicate generally positive attitudes towards translanguaging; however, some students still favor an ‘English-only’ policy. Conclusions reveal that a looser language policy in the center is emerging in which mentors now guide students towards their own individualized language policies. It is argued in this paper that this “code choice” (Levine, 2011) in language use is therefore aligned more closely to the principles of student-direction in self-access use.
Professional Development for Learning Advisors: Facilitating the Intentional Reflective Dialogue
Authors: Kato Satoko
Published: June 2020

This paper describes a study which explored how intentional reflective dialogue with an interlocutor can deepen Learning Advisors’ (advisors’) reflective learning in terms of their own professional development (PD). As one of the key roles of advisors in self-directed language learning is to activate learners’ reflective learning processes, it is worthwhile for advisors to experience reflective learning process for themselves as a part of a PD program. Eight advisors, with experience ranging from one to three years, participated in this study. Each had two interviews with the interlocutor (the author). Although most of the advisors often self-reflect and have conversations regarding advising with colleagues, the reflective dialogue which was intentionally structured for training purposes resulted in advisors being engaged in a different type of self-reflective approach. The results of the study showed there are potential benefits for developing a continuing PD program for experienced advisors by introducing the reflective dialogue.
Where We're Going, We'll Need Roads! Building the Bridge to the Future
Authors: Lesnau Jessica R.
Published: June 2020

In a world where global economies are increasingly interdependent, the United States, and its North American counterparts, Canada and Mexico, are booming sources of international trade. Now, more than ever, global competitiveness necessitates developments in U.S. infrastructure, especially at major border crossings where congestion and poor infrastructure create bottlenecks interfering with the free movement of goods. Questions pertaining to international border crossings circle the debate at the most crucial international border crossing in North America: the Ambassador Bridge, which spans the Detroit River between Detroit, Michigan, and Windsor, Ontario. A legal battle rages over the proposed construction of a new publicly owned bridge that will compete with the eighty-six-year-old privately owned bridge. Many questions surround this topic, including whether the United States may allow the construction of a bridge that competes with a private individual’s livelihood. Is there a compelling case for a government taking in favor of public infrastructure? Should a private individual be able to own a major international border crossing? Additionally, in anticipation of construction of a new bridge, what will be the implications for the community that must give up its property to make way for the construction? This Comment will focus on the conflict over the construction of the New International Trade Crossing (NITC), also known as the “Bridge to the Future,” in competition with the Ambassador Bridge and its relevance to the conversation of border infrastructure. It will further demonstrate some of the pitfalls in the private ownership of an international border crossing—as well as some that inhere in government ownership—arguing for a new infrastructure model that promotes collaboration between the public and private sectors. Ultimately, this Article will argue that, like the NITC, future border infrastructure projects should be developed through the use of public-private partnerships (hereinafter “P3s”) to promote North American trade development.
Could the Pay Ratio Disclosure Backfire?
Authors: Loh Jillian
Published: June 2020

At the signing of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (“Dodd-Frank Act”), President Barack Obama asserted that, “We all win when investors around the world have confidence in our markets. We all win when shareholders have more power and more information. . . . And we all win when folks are rewarded based on how well they perform, not how well they evade accountability.” After the financial crisis in 2008, the Obama Administration recognized the need to reconstruct the existing American financial regulatory system to ensure that a financial meltdown would never happen again. It is quite clear that Congress’s purpose behind the Dodd-Frank Act is to redevelop the financial system to ensure that the 2008 financial crisis will never be repeated. However, the Dodd-Frank Act contains considerable provisions that add substantial new requirements for certain publicly traded companies based in the United States. Analysts have theorized that the creation of new regulations relating to executive compensation and corporate governance was due to assertions that large executive pay contributed to the financial crisis. There has been much debate over whether such changes to executive compensation and corporate governance practices under Title IX of the DoddFrank Act are meeting the intended goals of financial system reform.
Honest or Excluded?
Authors: Sorensen Juliet S.
Published: June 2020

This article analyzes two corruption data sets through the lens of gender: defendants convicted under the criminal anti-bribery provisions of the Foreign Corruption Practices Act, and defendants convicted of federal anti-corruption crimes while serving on the Chicago City Council. In both instances, the data points to a much larger number of convictions of men than women. While a single cause is difficult to pinpoint, perhaps the most compelling explanation is that social norms associated with gender provide women with fewer opportunities for corruption. By contrast, the homophily of patronage networks, long cited as breeding grounds for corruption, has for generations favored an old boys club that gives rise to more men engaging in corruption than women.
Disseisin, Doubt, and Debate
Authors: Lovett John
Published: June 2020

Property law scholars in the United States have discussed the doctrine of adverse possession for more than a century. Indeed, ever since American property law scholars began to write property law treatises, formalize property law courses in modern law schools, publish property specific articles in law reviews, and publish property law case books, adverse possession has served as a staple of property law discourse. This Article examines how property law scholars think about and discuss adverse possession. It explores how adverse possession talk has changed—and not changed—over time. In other words, this Article examines both the substance and rhetoric of property law scholars’ attempts to explain, appraise and, at times, reform the doctrine of adverse possession.
Entering the Trump Ice Age
Authors: Hing Bill Ong
Published: June 2020

During the early stages of the Trump ICE age, America seemed to be witnessing and experiencing an unparalleled era of immigration enforcement. But is it unparalleled? Did we not label Barack Obama the “deporter-inchief?” Was it not George W. Bush who used the authority of the Patriot Act to round up nonimmigrants from Muslim and Arab countries, and did his ICE not commonly engage in armed raids at factories and other worksites? Are there not strong parallels that can be drawn between Trump enforcement plans and actions and those of other eras? What about the fear and hysteria that seems to really be happening in immigrant communities? Is the fear unparalleled? Why is there so much fear? Is the fear justified? Why do things seem different, in spite of rigorous immigration enforcement that has occurred even in recent years? This Article begins with a comparison of what the Trump Administration has done in terms of immigration enforcement with the enforcement efforts of other administrations. The Author then turns to the fear and hysteria in immigrant communities that has spread throughout the country. The Author asks why that fear has occurred and whether the fear has a reasonable basis. The Author closes with a personal reflection on the parallels the Author has seen and experienced since beginning to practice immigration law as a legal services attorney in 1975 and contemplates why enforcement and the resulting fear are different today.
Murphy v. NCAA
Authors: Landers Shane
Published: June 2020

“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” Thus, “Congress may not simply ‘commandee[r] the legislative processes of the States by directly compelling them to enact and enforce a federal regulatory program.’” In Murphy v. NCAA, the United States Supreme Court held that a federal law that prevents States from legalizing sports gambling “violates the anticommandeering rule.” The Supreme Court’s decision in Murphy reemphasizes a fundamental principle of dual sovereignty—Congress is prohibited from “issu[ing] direct orders to the governments of the States.”
Honoring Innocent Until Proven Guilty
Authors: Rispoli Stephen
Published: June 2020

Texas’s current prison population consists of far more pretrial detainees than convicted criminals. Despite United States and Texas constitutional protections, the default rule in many jurisdictions, including Texas, detains misdemeanor and non-violent felony defendants unless they can post a monetary bond or get a surety to post the bond for them (“bail bond”) to obtain their release. Most pretrial detainees remain detained due not to their alleged dangerousness, but rather because they simply cannot afford to post bail (or get someone to post it for them). As a result, many pretrial detainees find themselves choosing between hamstringing their financial future or remaining in detention until trial. If Americans are serious about “honoring the presumption of innocence,” we must reform the way that misdemeanor and non-violent felony defendants are treated while awaiting trial. Rather than treat them as guilty and keep them in jail unless they can pay for their release, the standard should be to release them unless there is a very good reason for not doing so. By changing the default option from pretrial detention to pretrial release, many Texas judges will be more pre-disposed to release misdemeanor and non-violent felony defendants on conditions other than the posting of monetary bail. This switch will result in fewer people being detained simply because they cannot afford to be released—which will prevent adverse economic consequences to already disadvantaged citizens. Proposed reform has been discussed for decades. Reforming the bail system in Texas is a current, critical need. This criminal justice issue undermines the public’s faith in our system of justice and detrimentally affects the economic and social status of countless citizens who will ultimately be found not guilty. Doing nothing weakens our overall rule-of-law system and ultimately erodes the foundation upon which our society is built.
Unilateral Steps to End High Seas Fishing
Authors: Wyman Katrina M.
Published: June 2020

In discussions about the overexploitation of the vast oceans that lie beyond national jurisdiction, one bold proposal is to close fishing entirely on the high seas. Existing research suggests that converting the high seas into a giant reserve for fish might increase overall global fish catches by boosting fish catches within the adjoining areas of the oceans under national control. This conversion also might help to protect marine biological diversity, which is particularly important in an era of climate change. This Essay identifies the potential that the United States—a significant importer of high seas fish—might unilaterally take steps to end fishing on the high seas, using its market leverage. This Essay then analyzes the advantages and disadvantages of taking unilateral steps to end fishing on the high seas and the conditions under which the United States might take such steps.
Collaborative Management as a Mechanism For Incentivizing Private Landowners and Protecting Endangered Species
Authors: Graves Ashley
Published: June 2020

Currently, the Endangered Species Act is falling short of its potential. Even though the Endangered Species Act has provided protection for endangered and threatened species and helped some species to recover and even thrive, the fact that most listed species’ habitat is on private land remains a hurdle that has not yet been overcome. In fact, the stringent requirements imposed upon private landowners often put endangered and threatened species at risk as some private landowners will use any means possible to stop the government from finding endangered or threatened species on their land. Because of this, the United States Fish and Wildlife Service should consider implementing a policy of collaborative management to ensure that protected species receive the protection they need to recover and thrive. To do this, the agency should consider applications by private landowners to participate in the collaborative process on a case-by-case basis and work with a strong, preferably neutral, entity to ensure that no individual stakeholder—whether government, company, or individual—takes advantage of the collaborative process. These policies can be best implemented through the Endangered Species Act’s experimental populations clause before moving the collaborative-management policy towards broader implementation across other areas of the Endangered Species Act. Right now, the question is no longer if agencies can implement collaborative strategies, but how these agencies can begin the process of reforming their regulations to include collaboration. Therefore, this Article offers recommendations on how the U.S. Fish and Wildlife Service can implement collaborative management to best protect both endangered and threatened species and provide incentives to private landowners to participate in the process.
The Social Cost of Carbon, Greenhouse Gas Policies, and Politicized Benefit/Cost Analysis
Authors: Zycher Benjamin
Published: June 2020

Benefit/cost analysis can be a powerful tool for examination of proposed (or alternative) public policies, but, unsurprisingly, decisionmakers’ policy preferences can drive the analysis, rather than the reverse. That is the reality with respect to the Obama Administration computation of the social cost of carbon, a crucial parameter underlying the quantitative analysis of its proposed climate policies, now being reversed in substantial part by the Trump Administration. The Obama analysis of the social cost of carbon suffered from four central problems: the use of global benefits in the benefit/cost calculation, the failure to apply a 7% discount rate as required by Office of Management and Budget guidelines, the conflation of climate and GDP effects of climate policies, and the inclusion of non-climate effects of climate policies as co-benefits, as a tool with which to overcome the trivial temperature and other climate impacts of those policies. Moreover, the Obama analysis included in its “market failure” analysis the fuel price parameter that market forces are likely to incorporate fully. This Article suggests that policymakers and other interested parties would be wise to concentrate on the analytic minutia underlying policy proposals because policy analysis cannot be separated from politics.
Drought and Public Necessity
Authors: Craig Robin K.
Published: June 2020

Drought is a recurring—and likely increasing—challenge to water rights administration in western states under the prior appropriation doctrine, where “first in time” senior rights are often allocated to non-survival uses such as commercial agriculture, rather than to drinking water supply for cities. While states and localities facing severe drought have used a variety of voluntary programs to reallocate water, these programs by their very nature cannot guarantee that water will in fact be redistributed to the uses that best promote public health and community survival. In addition, pure market solutions run the risk that “survival water” will become too expensive to buy because prices naturally rise—sometimes dramatically—during shortages. Using the example of the Brazos River drought of 2010 to 2013, this Article explores the potential role of the common law doctrine of public necessity in reallocating water during extreme drought. Building on my earlier work examining the potential use of public necessity in climate change adaptation for water law and coasts, this Article nevertheless focuses more narrowly on the specific issue of water crisis—the moment during an extreme drought when cities and power plants face a real inability to supply the general public with drinking water and electricity. At that moment, and assuming that cities have otherwise reasonably prepared for drought, the doctrine of public necessity should allow state water agencies in western states to reallocate water away from senior water rights holders whose water rights are for non-survival uses.
The Comparative Institutions Approach to Wildlife Governance
Authors: Lueck Dean
Published: June 2020

This Article develops a comparative institutions approach to wildlife governance by examining the property rights to the habitat and the stocks of wild populations. The approach is based on the transaction cost and property rights approach and lies primarily in the traditions of Coase, Barzel, Ostrom, and Williamson. The approach recognizes the often-extreme costs of delineation and enforcement of property rights to wild populations and their habitats; thus, all systems are notably imperfect compared to the typical neoclassical economics approach. These costs arise because wildlife habitat and wildlife populations are part of the land which has many attributes and uses—most notably, residential and agricultural uses. In turn, the optimal ownership sizes (and shapes) vary across land uses (e.g., farming, urban, ranching, wildlife, parks). The organizations that govern wildlife tend to be ridden with transaction costs and imperfect property rights, and the most efficient system is one that maximizes the total value of the package less the enforcement and administrative costs. This Article develops a framework for considering different governance regimes for both the wild stocks and the habitats they require. A series of cases—focused especially on bison and caribou—show the range of governance regimes that have been used and how those governance regimes depend on history and on law.
Building a Better Bar Exam
Authors: Griggs Marsha
Published: June 2020

In the wake of declining bar passage numbers and limited placement options for law grads, a new bar exam has emerged: the UBE. Drawn to an allusive promise of portability, thirty-six U.S. jurisdictions have adopted the UBE. I predict that in a few years’ time, the UBE will be administered in all states and U.S. territories. The UBE has snowballed from an idea into the primary gateway for entry into the practice of law. But the UBE is not a panacea that will solve the bar passage problems that U.S. law schools face. Whether or not to adopt a uniform exam is no longer the question. Now that the UBE has firmly taken root, the question to be answered is: “What can be done to make sure that the UBE does less harm than good?”

This Article will, in four parts, examine the meteoric rise and spread of the UBE and the potential costs of its quick adoption. Part I will survey the gradual move away from state law exams to the jurisdictionally neutral UBE. Part II will identify correlations between recent changes to the multistate exams and a stark national decline in bar passage rates. Part III will address the limitations of the UBE, including the misleading promise of score portability and the consequences of forum shopping. Part IV will propose additional measures that can coexist with the UBE to counterbalance its limitations to make a better bar exam for law graduates and the clients they will serve.
Genetic Data Privacy Solutions in the GDPR
Authors: Harbord Kristi
Published: June 2020

The intersection of healthcare and technology is a rapidly growing area. One thriving field at this intersection involves obtaining, processing, and storing genetic data. While the benefits have been great, genetic information can reveal a great deal about individuals and their families. And the information that can be conveyed from genetic data appears limitless and is constantly growing and changing. Many entities have begun storing, processing, and sharing genetic data on a very large scale. This creates many privacy concerns that the current regulatory framework does not account for. The line between patient data and consumer data is blurred; many entities are interested in obtaining genetic data with varied interests. In the direct-to-consumer genetic testing market, consumers pay to send private companies their DNA samples in exchange for a trivial amount of information about their ancestry and health risks. But health data obtained and processed by a company are subjected to far less stringent privacy regulations than health data obtained and processed at a doctor’s office or hospital. This Comment summarizes some of the current genetic privacy problems in United States laws and examines the EU’s recently adopted GDPR for a possible solution. A GDPR-style regulation could provide more consistency, give individuals more control, and protect against future unknown uses.
An overview on disulfide-catalyzed and -cocatalyzed photoreactions
Authors: Patehebieke Yeersen
Published: June 2020

Disulfides are versatile catalysts. They can be photocatalysts, hydrogen atom transfer (HAT) catalysts, cocatalysts, or initiators in photocatalytic reactions. Under photoirradiation, organic disulfides can be easily cleaved into free thiyl radicals (RS•) and can reversibly add to unsaturated multiple bonds to catalyze a variety of functionalization reactions under mild conditions. In photoredox catalysis reactions, an excellent electron transfer ability and excellent radical properties also made these thiyl radicals powerful HAT catalysts. They have increasingly been proven useful in various types of organic photoreactions, such as cyclizations, anti-Markovnikov additions, aromatic olefin carbonylations, isomerizations, etc. They are a class of green, economic, mild, and chemoselective radical catalysts that deserve more attention. The present review highlights the recent progress in the field of disulfide-catalyzed and -cocatalyzed photocatalytic reactions for different reaction types.
A Maqasid and Shariah Enterprises Theory-Based Performance Measurement for Zakat Institution
Authors: Hudayati Ataina , Tohirin Achmad
Published: June 2020

This study aims to develop a performance measurement system for zakat institutions from the perspective of maqashid al-Shariah and Islamic enterprise theory. This study embarks from previous studies focusing on the performance measurement methods applied to the zakat institutions. The understanding of maqashid al-Shariah in this paper refers to the concept formulated by Al Ghazali and Ibn Ashur. The basis of selecting so is their widely known concept in the contemporary research. This paper concludes that the performance measurement based on maqashid al-Shariah for Islamic bank can be adopted in zakat institution by making various adjustments according to the characteristics of the institution. In addition, this study also designed a performance scorecard to assess the performance of zakat institutions based on maqashid al-Sharia and Islamic enterprises theory. This scorecard method can calculate the index of zakat management of the related institution from a broader perspective.
19th Century Public Buildings in Malatya City
Authors: Sarı Fatma Zehra , Umar Nur
Published: June 2020

Since the oldest ages, Malatya has been a gateway and crossroads for Anatolia and the Middle East. The oldest transportation route in the East, is the road that connects to Erzurum via Malatya-Sivas and then to the Caucasus. Located on the oldest routes in terms of location, the pre-historic Malatya dates back to the Paleolithic Age, and after the Zafer Mound excavations, it has been seen that Malatya and the surrounding region dates back to 7000s BC. Being one of Anatolia's oldest settlements, Malatyahosted the Hittites, the Meds, the Persians, the Romans, the Byzantines, Islamic civilizations, Seljuks, and the Ottoman Empire, and now continues facilitating the same for the Republic of Turkey. Indeed, every civilization has left its mark on this settlement (TC Malatya Governorship Provincial Culture and Tourism Directorate, 2014). The Ottoman Empire, taking serving to its peoples on every land it conquered as a duty, attached great importance to zoning activities. After the Ottoman Empire annexed Malatya to its territories, it continued to undertake zoning activities here. With the Westernization period, the Ottoman Empire changed its understanding of the field of zoning as in many other fields, and began to apply this new understanding in late period structures.
Az objektív túlterhelés rendészeti kihívásai az irreguláris migráció kezelésében
Authors: Éberhardt Gábor
Published: June 2020

Following the principles of classical and modern migration theories, the study examines irregular migration at the Schengen external borders of Hungary using their analysis and the application of science theory methodology. The evaluation data identifies a migration feature that has not previously affected nations of Europe or other continents in its complexity as Hungary in 2014 and 2015. Based on the examination of the data and the interrelationship between the related elements I can describe a novel approach to the impact of migration, the objective overload of the activities of the policing agencies, which I describe as a new concept. In this paper I introduce a previously unrecorded migration typology element that explores the possibility of verifying the identity of a migrant. I compare the objective effects of migration overload on Hungarian policing organizations with those of mass migration events of the 20th century. The differences reinforce the discrepancy between the concepts of overload and mass migration. By describing the organizational surfaces characteristic of overload migration and its purpose, I also reinforce the novelty of the concept. The objective migration overload effects on policing organizations can be dealt in a meaningful way with a novel methodology, of which 5 elementsare presented in the paper.
Rendészeti képzés és a közlekedésrendészet egyes kérdései Szlovákiában
Authors: Felföldi Péter , Major Róbert , Mészáros Gábor
Published: June 2020

The Department of Public Safety of the Faculty of Law Enforcement at the National University of Public Service and the Department of Law Enforcement Science of the Academy for Police Force in Bratislava (Akadémia Policajného zboru v Bratislave, Katedra policajných vied) have maintained well-functioning informal connections for the past years. Mutual invitations for conferences, publishing of papers, mutual visits in each other’s institutions occurred and similar events are planned also for the future for associates of both departments. The present paper intends to introduce a brief presentation of the experiences at the professional visit, as an event of the excellent connections, in May 2018.
Egy városi rendőrkapitányság a dualizmus korában
Authors: Nándori Nikoletta Petra
Published: June 2020

The study briefly describes the history of the establishment of a city police station. The city of Nitra, located in the territory of former Hungary, now belongs to Slovakia. Time-oriented at the end of the 19th and at the beginning of the 20th century, i.e. at the age of dualism. The Austro-Hungarian Compromise of 1867 included the restoration of constitutionality as a fundamental thesis. At the same time, it transformed the Habsburg Empire into a civil constitutional monarchy, where the exercise of state power was predominantly used by the parliament and the responsible government. By virtue of Austria’s and Hungary's wide-ranging state independence, the Monarchy was truly dualistic. However, this has consistently been limited to the internal affairs of the two countries. Considering the authorities of both rulers, both states set limits in the domestic affairs. In the key issues of state sovereignty, such as foreign affairs, military affairs and related finances, the empire became practically centred. The resolution of internal affairs thus became a central issue, which included that the operation of police stations was subject to uniform state control and supervision. The system architecture brought with it a different operation to the previous one. The versatility of the responsibilities, the immature structure of the training and the state supervision have all put the captain into a difficult situation. A statement of the captain you can read in this article, too. The study presents two cases that occurred during this period and received press coverage. All this was collected from columns in newspapers of that period. As I had no other sources to verify truth content, I do not think possible to draw wide-ranging conclusions from these stories. However, the stories, as discussed above, raise a number of issues that need attention. Especially those with emphasis on training and on morality of everyday work.