bluuebunny/crossref_metadata_2025 huggingface dataset:
Model Berorientasi Objek Sistem Pendukung Keputusan Penentuan Kinerja Karyawan dengan Metode Elimination Et Choix Traduisant Larealité pada Perusahaan Telekomunikasi
Authors: Lia Purnamasari  , Irman Hariman
Published: March 2021

Persaingan dunia bisnis yang makin kompetitif memacu perusahaan untuk meningkatkan kualitas sumber daya manusia. Dalam pelaksanaannya proses pemilihan karyawan terbaik ini belum bisa optimal. Penilaian untuk memilih karyawan terbaik kemungkinan bisa terjadi secara subjektif dengan hanya memperhatikan beberapa aspek kriteria penilaian karyawan tanpa melihat aspek kriteria lainnya. Penilaian yang belum menggunakan suatu metode yang dapat menangani permasalahan prioritas dengan banyak kriteria. Hal ini menjadi sebuah permasalahan untuk menentukan tepat atau tidaknya seseorang terpilih sebagai karyawan terbaik. Karena itu, pada jurnal ilmiah ini diusulkan perlu dibangunnya sebuah sistem penilian karyawan yang dapat memberikan alternatif solusi optimal untuk pengambilan keputusan berbasis Web dengan menggunakan metode ELECTRE (Elimination Et Choix Traduisant Larealité). Sistem ini dikembangkan dengan pemodelan yang menggunakan pendekataan Berorientasi Objek dengan metodologi menggunakan Prototype. Sedangkan perangkat lunak penunjang menggunakan MySQL sebagai database dan bahasa pemrograman PHP. Sistem ini akan berjalan pada suatu website yang bisa diakses secara intranet di Local Area Network. Berdasarkan penellitian yang dilakukan penelitian ini akan menghasilkan suatu aplikasi penilaian kinerja dalam pengelolaan nilai aspek kriteria yang dapat memberikan informasi yang tepat terhadap manager dan membantu perusahaan dalam pembuatan laporan penilaian kinerja karyawannya.
Analisis Nilai Tambah Peningkatan Kualitas Edamame Siap Saji dengan Teknik Pengeringan Food Dehydrator Berputar
Authors: Silvia Oktavia Nur Yudiastuti  , Rizza Wijaya  , Anna Mardiana Handayani
Published: March 2021

Edamame adalah salah satu komoditas unggulan Kabupaten Jember dipasarkan untuk ekspor maupun konsumsi nasional dan lokal.  Edamame kualitas rendah dijual dengan harga hingga 4 kali lebih rendah dari kualitas super. Pengolahan menjadi produk edamame siap konsumsi dapat meningkatkan nilai jualnya, salah satu produk edamame yang dapat dikelola dengan mudah adalah edamame kering. Produk edamame kering dapat dikonsumsi langsung atau selanjutnya diolah menjadi tepung edamame. Artikel ini memberikan informasi nilai tambah produk edamame kering yang diproduksi dengan mesin food dehydrator tipe berputar serta proses lanjutan menjadi tepung edamame yang dibandingkan dengan produk edamame kukus. Analisis nilai tambah dilakukan dengan metode hayami dan kawagoe. Hasil penelitian menunjukkan bahwa produksi edamame kering lebih efektif dibandingkan tepung edamame sebab nilai tambah tepung edamame lebih besar dari edamame kering dan edamame kukus; tetapi rasio nilai tambah dan keuntungan perusahaan akan produksi edamame kering lebih besar dari tepung edamame.
Pengaruh Pembiayaan Jual Beli, Pembiayaan Bagi Hasil, Financing Deposit Ratio (FDR) dan Non Performing Financial (NPF) Terhadap Profitabilitas Bank Umum Syariah di Indonesia
Authors: Suwarto  , Karnila Ali
Published: March 2021

Pembiayaan merupakan sumber pendapatan terbesar suatu bank syariah yang kemudian akan mempengaruhi profitabilitas bank. Oleh karena itu bank harus mampu menyalurkan pembiayaan dengan efektif, agar likuiditas pada bank tersebut baik. Bank Syariah berfungsi sebagai lembaga intermediasi keuangan yang melakukan penghimpunan dana dan penyaluraan dana atau pembiayaan. Penyaluran dana atau pembiayaan pada Bank Syariah menggunakan sistim bagi hasil yang disepakati oleh kedua belah pihak yaitu antara penyalur dana dan peminjam dana, penyaluran dana pada Bank harus sesuai dengan prinsip-prinsip syariah yang sudah ditentukan.  Penelitian ini bertujuan untuk mengetahui pengaruh pembiayaan jual beli, pembiayaan bagi hasil, Financing Deposit Ratio (FDR) dan Non Performing Financial (NPF) terhadap profitabilitas Bank Umum Syari’ah di Indonesia. Jenis penelitian ini yaitu eksplanatori untuk menguji hipotesis dengan menggunakan analisis statistik regresi berganda. Sampel dalam penelitian ini berjumlah 120 sampel.  Hasil analisis regresi menunjukkan bahwa Uji F digunakan untuk mengetahui pengaruh simultan yang terjadi antara variabel dependen dengan variabel independen. Berdasarkan Tabel 5. nilai F hitung sebesar 26,134. Sedangkan F tabel (a = 0.05; db regresi = 4 : db residual = 115) adalah sebesar 2,451. Karena F hitung > F tabel yaitu 26,134 > 2,451 atau nilai Sig. F (0,000) < a = 0.05 maka model analisis regresi adalah signifikan. Sehingga dapat disimpulkan bahwa variabel terikat (ROA) dapat dipengaruhi secara signifikan oleh variabel bebas (PJB (X 1), PBH (X 2 ), FDR (X 3 ), dan NPF (X )). Dapat juga dikatakan jika t hitung > t tabel atau -t hitung < -t tabel atau sig. t < 0.05 maka hasilnya berpengaruh signifikan. Nilai t hitung dari setiap variabel bebas menunjukkan > dari t table (1,981) dan nilai sig.t dari setiap variabel bebas > 0.05. artinya keempat variabel ini disimpulkan bahwa secara parsial berpengaruh signifikan terhadap profitabilitas yang diukur dengan ROA pada bank syariah. Berdasarkan data diatas bahwa hasil pengujian menunjukkan secara simultan pembiayaan jual beli, pembiayaan bagi hasil, FDR dan NPF berpengaruh signifikan terhadap profitabilitas yang diukur dengan ROA.
Abu Basir al-Asadi (150 AH / 767 AD) Scientific efforts
Authors: AL-Fayad M.M. Ali Najim Abdullah
Published: March 2021

The books of biography did not pay attention to Abu Basser AL-Assadi any attention for his partisan to an opposing party (the Family of Prophet- Ahl Albait). This is as in attempt at knowing his name and lineage and the biography of the most remarkable of their sheikhs and pupils in addition to his travels and narrations in Al-hadith science. He is of the notables of the second century for hijrah \ eighth AC.
Al-Jawahiri In A Statistic Research
Authors: Amin Prof. Dr. Waria Omar
Published: March 2021

Muhammad Mahdi Al-Jawahiri (1898 – 1997) was born in Najaf city of Iraq, to a family of poets and traditional learning. His father, his two brothers, and many other members of his family were poets.  He is considered the greatest poet  in the history of Arab literature,  and said to be the last Neoclassic Arab.This paper is a statistical study of Al- Jawahiri’s poetry. It shows the number of lines of each  poem,  the meters on which he composed them,  and their percentage. It is the first statistic research ever conducted about an Arab poet. The conclusions are shown in a table in the end.
Women in Literature (Fadila Faruq)
Authors: S. Sahib Dr. Suhad
Published: March 2021

After the finishing of the research, we found the following results:

The writer has sought to search for what they were through the heroines were often open text voice of equality, and take the heroines of women's rejecting voices the marginalization and persecution and to advocate openness to the world, it owes a world governed by traditions and superstitions.

Touched on topics of interest to women crossing of the suffering of Arab women that hurt of sexual oppression, spinsterhood, and the violence of the man, her novel represent a cry against feminist ideas of traditional and stereotypical suffered by mothers in the stillness and silence.

Taken from the body axis of subjects and penetrated the depth of the social relations and psychological generated through it, but most of her novels are breaking taboos has boldly as high in the description of intimate relations.

- The masculine power is considered as the strategic entrance to the persecution of feminist is the central authority and control over the oppressed in society and especially the Algerian society, especially as this was the authority is the authority of the Father.

Did not denounce the authority of the Father, but long-pen authority of the husband and brother. Masculine authority is in the eyes of the writer is the authority racist dictatorship, they are calling for the lost harmony between the female and masculine power, they are rejecting the personality of the woman in Haramlik or

Psychological tension which is necessary characters and suffering from spiritual unity in spite of the presence of the man, the husband. Then enter into a world of utopia to achieve what cannot be achieved on the ground.

At the level of the language we note that it choose the language appropriate to the contents of that address Sometimes it tends to discipline and sometimes tend to slang, but it did not disturb the nerve, especially with male photographed moments of intimate relationships.
Authentic fame when fundamentalists and their applications jurisprudential
Authors: Assaassa Dr. Nassif Mohsen
Published: March 2021

توصلنا في البحث الى النتائج الآتية :-

1 – أن الشهرة بحسب المفهوم اللغوي تنصرف الى الظهور والذيوع والوضوح .

2 – يصطلح على الشهرة على ما لا يبلغ درجة الاجماع من الأقوال في المسألة الفقهية .

3 – قسمت الشهرة على ثلاثة أقسام، الروائية والفتوائية والعملية والاستنادية ولا فرق بأقسامها بين أن تكون موردها نفس الأحكام أو ما يتعلق بها من موضوعاتها وما يتعلق بها لشمول الدليل للجميع .

4 – تظهر اهمية الشهرة من خلال تقوية بعض الروايات التي يمكن أن تكون ضعيفة من جهة السند؛ لتوفر خصوصيات الضعف المتقدمة منها، وأيضاً كون الشهرة جابرة لضعف السند وكاسرة لقوة السند .

5 – يتبنى الباحث موقف بعض الفقهاء القاضي بعدم حجية الشهرة سواء كانت فتوائية لكونها لا تفيد العلم فيكون العمل بها جهالة لا محالة، أو استنادية لكون في نفسها ليست بحجة عند الفريقين . ولذا اشتهر القول بينهم (( رب مشهور لا أصل له ))، إضافة الى ذلك اتفاق معظم الفقهاء على المنع من العمل بالشهرة العملية الاستنادية والتعويل عليها والرجوع إليها .
The Cultural and Behavioral Problems for Primary Stage Pupils (An Anthropology Research in Some School in Baghdad)
Authors: Hteem Lecture Ali Hussein
Published: March 2021

The cultural and behavioral problems for primary stage pupils is regarded as one of the most important themes which acquired the attention of the concerned in the field of education and the attention of these studies in the education process. The problems for primary stage pupils  includes the phenomenon of dropping from school which happen to many students at this stage. The research includes the following points:

An introduction that includes a summary of the educational process and childhood and its relation to child rearing.

The General framework which includes the problem, importance in addition to the objective.

The Cultural problems for Primary Stage Pupils

The problem of cultural care of pupils in schools.

The problem of inter pupils relationships.

The problem of teacher - pupils relationships.

The difficulties faced by pupils in school.

The behavioral problems includes:

Intelligence and cultural environment.

Shyness of pupils.

The curricula which pupils tend to reject.

Phenomenon of dropping from school

The results and recommendations which the researcher comes through.
Identity and ideological reading paths in the conflict and developments
Authors: Y. Nasir Dr. Adel
Published: March 2021

Ideology and identification  is one of the main and big subjects nowadays,  especially after the ideology specified the ideology and main nationality identification existence  by  process which  leads to Replacement and paddlefish  of ideology  existence  rather than identification , while ideology  makes so much efforts ( intellectual and beliefs   efforts ) to solve  century problems  and presents  mental and intellectual developments  which characterized by  realism in such disturbed  and Dispersion world  in political, social, economic factions and dominated by cases of conflict and chaos . Identification seeks to connect the individual similarities participating in the land, history and real affiliation, which tend to personal fulfillment of humanity in its social and cultural frame and confirms his affiliation root. But while that facing the impact of ideological conflict which aims to achieve an intellectual image and adopts cultures   and ideas from another civilization might disagree with identification characteristics existence. Ideology trying to dismantling in all Civilization and national directions, as well as seeks to Skepticism of identification with its ideological features while the weakness of the Factors affiliation , the local organizations , National parties  and Religious institutions and  their branches in its special directions . Which lead to the disability of resists the ideological Invasion weather is was local, regional or global. But  despites  of the some ideologies presents humanitarian and reformative theses .In different political shapes and frames still mainly defending to the Elements of existence which resulting the ideological conflict – identificational despite of that both of them have weakness in its Staff fundamental parts   thus the ideology  Remain to protect  the benefits of the interests of the political elite and leaders while facing  Cases of rejection and acceptance in social circles . Whereas the main nationality identification went through a conflict with sub-identification  ,Sectarianism and loyalty instead of  main  identification  or the national identification  and from that  description we can conclude that the conflicts and its pathways are continuous in such a world full of existence and  hegemony and superiority .
Construction and application of a measure of hope among university students
Authors: Rahim Dr. Hend Sabih , Hafiz Dr. tina Abdul Wadud Abdul
Published: March 2021

The goal of current research into the construction and application of a measure of hope among a sample of students from the University of Baghdad and a volume of 200 students, including 106 students and 94 female students for the purpose of achieving the goal of the research, developed the researchers defined theoretically been drafting thirty paragraph to measure hope and verify the validity of paragraphs logically presented to a group of experts in educational and Psychological Sciences, and the percentage of agreement 85% for the purpose of analysis of the items of the scale and extraction characteristics Alsekoumtria have applied to the sample (200) students and extracted power discriminatory paragraphs style two extremes either ratified paragraph has been extracted through relationship paragraph college degree as well as has been verified psychometric properties of the scale through honesty two (virtual sincerity and genuineness construction) and consistency of the way through re-testing, and the ratio of stability (79%). In order to complete the current interest of the scale came out current research findings and recommendations and proposals.
Hair between wisdom and ignorance of Islam (Poets of the Taif model)
Authors: S. Salman Dr. Khitam
Published: March 2021

A piece of wisdom is a contemplative profound look into life and its issues and people and their morals, goals and destinies. It is a call to uncover the truth and present a typical picture of the values ​​of truth, goodness, beauty and lesson-learning. Poets, since the pre-Islamic paganistictimes, have addressed these humane meanings without which they would not be glorified since “Arabs do not consider a poet laureate unless he originates some wisdom in his poetry”. However, wisdom in poetry has not been an independent purpose as was the case for praising, commiseration, satire, flirtation... etc. It was used to be originated casually where the nature of the theme requires it.               

With the advent of Islam, veteran poets continued decorating their poems with wise implications. Islam had a tangible impact on the meanings and contents addressed by those veteran poets, and on using poetry to fight paganisticideology, and serving Islam. Such wisdom has been maintained eternal as poets of wisdom exceeded the individuality to popularity, so he was honored by the people memorizing his verses and communicating them from generation to another.
Moral exile in the Holy Quran
Authors: Fahdawi Dr. Falah Ibrahim Nassif
Published: March 2021

The Arabic Language linguists have various methods in interpreting and orientating the Arab Texts from the grammatical perspective. The research focuses on one of these methods. It is the negative potential meaning interpretation and orientation for the texts that are their apparent meaning seems to be affirmative.I preferred that my study to be connected with the Holy Quran Texts hoping to enrich the field of the Quranic Studies and to be more specific in my study problem. After the profound study for all what is to be in relation to my study problem, I found that it is better for my study to be in an introduction and the term definition, followed by two chapters: Chapter one addresses the negative meaningful in verbs, whereas chapter two addresses the words that carry the negative meaning, although its apparent meaning is different.
Lessons learned from the Battle of Haneen
Authors: Mizel M.M. Iman Kazim
Published: March 2021

We have proved in the Battle of nostalgia negative effects that may cause the defeat, as it was in the ranks of the Islamic Army some weak faith, such as some of those who converted to Islam after the conquest of Mecca for fear of connote The cause of their faith Laggard to defeat at the start of the battle, some of them came out in search of booty do not desire to victory nor a request for a certificate    The Battle of nostalgia and events revealed to the Prophet (peace be upon him) and his companions how to be a defeat, after being informed of the Messenger of Allah (peace be upon him) that a thing of wonder leak into the hearts of the fighters was too difficult for them Alajtlad in the battle, also saw the Messenger of Allah ( God's peace be upon him) how the enemy has prepared himself for the fight and wrote the ranks of archers in the fjords and shred in making ambushes while out a lot of young people in the ranks of the Muslim army without a weapon, and alert the Prophet (peace be upon him) factors victory and resolve the fighting, and which manifested itself in the persistence and courage, and a few were around the first two of his companions and supporters
Search for Identity and Self-Realization in Toni Morrison'sBeloved.
Authors: Muhsen. Assist. Instr. Alaa Sadoon
Published: March 2021

This paper aims at exploring the search for identity and the ways in which Toni Morrison has systematically recast the image and reconstructed the identity of African American women in her novel Beloved. She employs different means such as pure black writing, love and myth by which she re-opens new doors for the African American women to achieve and reconstruct their identities in the community of slavery. Drawing upon womanist and postmodern theories of identity construction, and incommensurability, this paper argues that African American femininity is relationally constructed. In essence, black women's relationships with their children (especially their daughters), their men, and the White community of brutal slavery define who they are, determine how they perceive themselves, and, largely, dictate their capacity for success and survival.Though many scholars contend that Morrison's Beloved situates individual and collective memory as the vehicle by which such self-identification is achieved. It  maintains that it is not until African American women and African American men are able to put their stories together and to identify new ways of  seeing and relating to the other can they create any real sense of self-worth.  Many scholars support this assessment as Morrison offers it through a reconstruction of personal and community histories and ancestral reclamation whereby the entire characters move on a continuum from a repressive slave perspective to an open, accepting, free perspective of self and environment. Therefore, (re)memory alone is not sufficient. There must be collaboration to weave the pieces, the fragments of the past into a tapestry that might provide warmth and security for the future.
Iraqi-British Relations After 2003
Authors: Al-Jaberi Prof.Dr. Sattar Jabbar
Published: March 2021

The British knew the importance of Iraq strategy since the beginning of the seventeenth century, so they planned to control it, and it became a big influence them there until 1914, when British forces occupied Iraq. Although Iraq's entry into the League of Nations and declared an independent state in 1932, but it remained under British influence until the 1958 revolution.Relations between the two countries had not stabilized after 1958, and in 1991 Britain participated Gulf War against Iraq and the severance of diplomatic relations. In 2003, Britain entered into an alliance with the United States to occupy Iraq, and after this date restored diplomatic relations between the two countries. And developed relations politically, economically and culturally after 2003.
Assessment of Investment Plan and Financing Strategy for Hobbyist-Based Marketplace as a New Business from PT XYZ
Authors: Safira Putri Nadiya Intan , Kitri Mandra Lazuardi
Published: March 2021

PT XYZ is a successful technology enterprise, intends to open a new business line in e-commerce with unique selling propositions as a hobbyist-based marketplace. The marketplace, ABC, has built website and application generating event registration, communities, and articles. ABC still needs to reduce bugs and acquiring sellers to sell their products on. ABC needs to seek investments to fulfill the required financing at IDR 245,000,000 since PT XYZ needs to reallocate the money to another business. It firstly needs to determine the financial feasibility study of ABC with the capital budgeting method of NPV, IRR, and Payback Period. The amount of NPV at IDR 500,722,291.51, IRR at 13.32%, and PP at 4 years 2 months and 19 days are acceptable. The risk assessment with sensitivity analysis and Monte Carlo simulation determine the accounts that are risked by the assumption from the owners, the high risk are on Bike Selling quantity and COGS also Salary (Full-Time) with the probability of positive IRR at 97.80%. ABC wants to have financing schemes of 65%, 45%, and 25% equity where PT XYZ will give IDR 25,000,000 and intangible asset of IDR 61.600.000, this makes the 25% equity cannot be used, therefore it will be changed to 35.35% equity. With total share outstanding of 10.000 shares, the sales price of A, B, and C are IDR 46,199.55, IDR 43,803.40, and IDR 42,771.43 respectively. Capital structure analysis is needed to get the best value of ownership, yet, all alternatives can be used for attracting investors.
The "Broadest Reasonable Interpretation" and Applying Issue Preclusion to Administrative Patent Claim Construction
Authors: Tietz Jonathan
Published: March 2021

Inventions are tangible. Yet patents comprise words, and words are imprecise. Thus, disputes over patents involve a process known as “claim construction,” which formally clarifies the meaning of a patent claim’s words and, therefore, the scope of the underlying property right. Adversarial claim construction commonly occurs in various Article III and Article I settings, such as district courts or the Patent Trial and Appeal Board (PTAB). When these proceedings ignore each other’s claim constructions, a patent’s scope can become inconsistent and unpredictable. The doctrine of issue preclusion could help with this problem. The Supreme Court recently reemphasized in B & B Hardware v. Hargis Industries that administrative decisions can have issue preclusive effect. But district courts and the PTAB use formally different legal standards in claim construction, where the district court takes a narrower view of a patent’s scope. This Note contends that a claim construction determination made by the PTAB under the “broadest reasonable interpretation” standard should, indeed, be the broadest reasonable interpretation of a claim. To facilitate uniformity and public notice, issue preclusion should be applied such that the PTAB’s “broadest reasonable interpretation” is an outer interpretive bound of a patent’s scope in subsequent district court litigation.
The Consensus Myth in Criminal Justice Reform
Authors: Levin Benjamin
Published: March 2021

It has become popular to identify a “consensus” on criminal justice reform, but how deep is that consensus, actually? This Article argues that the purported consensus is much more limited than it initially appears. Despite shared reformist vocabulary, the consensus rests on distinct critiques that identify different flaws and justify distinct policy solutions. The underlying disagreements transcend traditional left/right political divides and speak to deeper disputes about the state and the role of criminal law in society.

The Article maps two prevailing, but fundamentally distinct, critiques of criminal law: (1) the quantitative approach (what I call the “over” frame); and (2) the qualitative approach (what I call the “mass” frame). The “over” frame grows from a belief that criminal law has an important and legitimate function, but that the law’s operations have exceeded that function. This critique assumes that there are optimal rates of incarceration and criminalization, but the current criminal system is suboptimal in that it has criminalized too much and incarcerated too many. In contrast, the “mass” frame focuses on criminal law as a sociocultural phenomenon. This reformist frame indicates that the issue is not a mere miscalculation; rather, reforms should address how the system marginalizes populations and exacerbates both power imbalances and distributional inequities.

To show how these frames differ, this Article applies the “over” and the “mass” critique, in turn, to the maligned phenomena of mass incarceration and overcriminalization. The existing literature on mass incarceration and overcriminalization displays an elision between these two frames. Some scholars and reformers have adopted one frame exclusively, while others use the two interchangeably. No matter how much scholars and critics bemoan the troubles of mass incarceration and overcriminalization, it is hard to believe that they can achieve meaningful reform if they are talking about fundamentally different problems.

While many scholars may adopt an “over” frame in an effort to attract a broader range of support or appeal to politicians, “over” policy proposals do not necessarily reach deeper “mass” concerns. Ultimately, this Article argues that a pragmatic turn to the “over” frame may have significant costs in legitimating deeper structural flaws and failing to address distributional issues of race, class, and power at the heart of the “mass” critique.
Intellectual Property in Experience
Authors: Sunder Madhavi
Published: March 2021

In today’s economy, consumers demand experiences. From Star Wars to Harry Potter, fans do not just want to watch or read about their favorite characters— they want to be them. They don the robes of Gryffindor, flick their wands, and drink the butterbeer. The owners of fantasy properties understand this, expanding their offerings from light sabers to the Galaxy’s Edge®, the new Disney Star Wars immersive theme park opening in 2019.Since Star Wars, Congress and the courts have abetted what is now a $262 billion-a-year industry in merchandising, fashioning “merchandising rights” appurtenant to copyrights and trademarks that give fantasy owners exclusive rights to supply our fantasy worlds with everything from goods to a good time. But are there any limits? Do merchandising rights extend to fan activity, from fantasy-themed birthday parties and summer camps to real world Quidditch leagues? This Article challenges the conventional account, arguing that as the economic value of fantasy merchandising increases in the emergent “experience economy,” intellectual property owners may prove less keen on tolerating uncompensated uses of their creations. In fact, from Amazon’s Kindle Worlds granting licenses for fan fiction, to crackdowns on sales of fan art sold on internet sites like Etsy, to algorithms taking down fan videos from YouTube, the holders of intellectual property in popular fantasies are seeking to create a world requiring licenses to make, do, and play. This Article turns to social and cultural theories of art as experience, learning by doing, tacit knowledge, and performance to demonstrate that fan activity, from discussion sites to live-action role-playing fosters learning, creativity, and sociability. Law must be attentive to the profound effects these laws have on human imagination and knowledge creation. I apply the insights of these theories to limit merchandising rights in imaginative play through fair use, the force in the legal galaxy intended to bring balance to intellectual property law.
Is the First Amendment Obsolete?
Authors: Wu Tim
Published: March 2021

The First Amendment was brought to life in a period, the twentieth century, when the political speech environment was markedly different than today’s. With respect to any given issue, speech was scarce and limited to a few newspapers, pamphlets or magazines. The law was embedded, therefore, with the presumption that the greatest threat to free speech was direct punishment of speakers by government.

Today, in the internet and social media age, it is no longer speech that is scarce—rather, it is the attention of listeners. And those who seek to control speech use new methods that rely on the weaponization of speech itself, such as the deployment of “troll armies,” the fabrication of news, or “flooding” tactics. This Essay identifies the core assumptions that proceeded from the founding era of First Amendment jurisprudence, argues that many of those assumptions no longer hold, and details the new techniques of speech control that are used by governmental and nongovernmental actors to censor and degrade speech. It concludes by arguing that protection of free speech may now depend on law enforcement recognizing its role in the protection of the American speech environment.
The New Impartial Jury Mandate
Authors: Jolly Richard
Published: March 2021

Impartiality is the cornerstone of the Constitution’s jury trial protections. Courts have historically treated impartiality as procedural in nature, meaning that the Constitution requires certain prophylactic procedures that secure a jury that is more likely to reach verdicts impartially. But in Peña- Rodriguez v. Colorado, 137 S. Ct. 855 (2017), the Supreme Court recognized for the first time an enforceable, substantive component to the mandate. There, the Court held that criminal litigants have a Sixth Amendment right to jury decisions made without reliance on extreme bias, specifically on the basis of race or national origin. The Court did not provide a standard for determining when evidence of partiality is sufficient to set aside a verdict but made clear that an otherwise procedurally adequate decision may fall to substantive deficiencies.

This Article advances a structural theory of the Constitution’s impartial jury mandate, focusing on the interplay between its ex ante procedural and ex post substantive components. The Article argues that the mandate has traditionally taken shape as a collection of procedural guarantees because of a common law prohibition on reviewing the substance of jury deliberations. Peña-Rodriguez tosses this constraint, allowing judges for the first time to review the rationales upon which jurors base their verdicts. The Article then offers a novel approach for applying substantive impartiality more broadly by looking to the Equal Protection Clause’s tiers of scrutiny. It concludes that ex ante procedural rules and ex post substantive review can operate in conjunction to tease out undesirable, impermissible forms of jury bias, while still allowing for desirable, permissible forms of jury bias.
Home-Field Disadvantage: How the Organization of Soccer in the United States Affects Athletic and Economic Competitiveness
Authors: Velarde Carolina
Published: March 2021

The United States men’s soccer team failed to qualify for the 2018 World Cup. In the aftermath, soccer followers questioned the organizational structure supervised by the United States Soccer Federation. An analysis of the relationships between professional soccer leagues reveals potentially anticompetitive practices that may contribute to the subpar performance of the U.S. Men’s National Team. This Note argues that the United States Soccer Federation is engaged in economically anticompetitive behavior that impedes the development of American soccer. Certain reforms, including an open-league system and player transfer fees at the youth development level, would enhance the economic and athletic competitiveness of soccer in the United States.
An Apology for Lawyers: Socrates and the Ethics of Persuasion
Authors: Clark Sherman
Published: March 2021

Review Plato's "Apology of Socrates" in Six Great Dialogues: Apology, Crito, Phaedo, Phaedrus, Symposium, and The Republic.
Books, Debate, Specificity
Authors: Katyal Neal
Published: March 2021

Foreword to Volume 117, Issue 6 of the Michigan Law Review.
The Outcome of Influence: Hitler’s American Model and Transnational Legal History
Authors: Dudziak Mary
Published: March 2021

Review of James Q. Whitman's Hitler's American Model: The United States and the Making of Nazi Race Law.
ROLE OF TRAINING IN IMPROVING EMPLOYEE'S PERFORMANCE
Authors: Atul kumar
Published: March 2021

Training is important for organisations. It helps in completion of work more efficiently. Training incurs some cost but ultimately it reduces the total cost by reducing material wastages and increases effectiveness of employees so they can do their job in most efficient way. This study gives understanding of how training is important in improving employee’s performance. The primary purpose of training is to impart the basic skills in the employee that is required to fulfil his duty.
KEYWORDS: Training, Methods of Training, on the job Training, off the job Training, Employee Performance.
The Effect of Literary Text on the Pragmatic Competence and Fluency of ESL Learners
Authors: Shaukat Ali  , Iftikhar Ali  , Saddam Hussain
Published: March 2021

Literature has an inherent authenticity as an input for language teaching. Literary texts carry with them sociolinguistic and pragmatic knowledge which is pivotal for language learners to have their communicative competence increased. This study investigates the effect of the text of poetry on the pragmatic competence and fluency of ESL students. This is an experimental study consisting of a control group (CG) and an experimental group (EG). The respondents of the study are students of the 3rd semester, Education Faculty, University of Malakand, Pakistan. Before the commencement of the experiment, a speaking-type pretest was administered to students of both groups. Afterward, the control group was taught through traditional teaching materials whereas the experimental group was treated with poetry as teaching materials. At the end of the six-week-long experiment, a posttest like the pretest was again conducted. Moreover, a semi-structured interview was also conducted after the experiment. The scores of the students of both the groups on pretest and posttest were analyzed through statistical tests. The results of the tests indicated that the students of the experimental group performed significantly better than that of the control group in fluency whereas there was no significant difference in the mean scores of both the groups regarding pragmatic competence. However, the students of the experimental group registered significant improvement in pragmatic competence on posttest in intragroup comparison.  The thematic analysis of the interview showed that the learners of the CG were reluctant to express themselves freely. They did not take interest in the group activities and did not actively participate in the presentation activity. On the contrary, the learners of EG were provided with a free-of-fear speaking environment due to the ambiguity and the subjective nature of poetry.  Moreover, the text of the poetry was motivating and led to lengthy and intimate interaction among the students of the experimental group thereby improving their fluency. The study recommends that literary texts may be utilized in ESL classrooms.
To What Extent do Two Different Music Scores of Liszt's Vallee D' Obermann Influence the Pianist's Interpretation
Authors: Meng Chen
Published: March 2021

Different publishers have published different editions of the same piece of music. When a pianist chooses a music score to learn or perform, the details in different music scores will influence the pianist's interpretation. The essay will be divided into three sections. The first section will introduce the piece of music, Vallee D' Obermann and give information about the two editors, Edition Peters and G. Henle. The second will attempt to compare and contrast the differences and similarities in tempo, articulation and dynamic marks in different editions and try to find how the marks influence pianist's interpretation. The final part aims to analyze how the different editions influence the pianist's interpretation in a positive or negative way.
Application of Chinese Traditional Musical Instruments
Authors: Jia Qiuping
Published: March 2021

Traditional Musical Instruments are a part of Chinese traditional culture, forming a series of intangible cultural heritage of related music. This project focuses on various traditional Musical Instruments in the traditional Chinese concert scene, providing background knowledge and audio files of relevant Musical Instruments. The project will involve digital formats such as audio, video, 3D, other images and virtual reality. The project integrates the information of intangible cultural heritage in various forms of media, and with the help of communication and social platforms, breaks the limitation of specific time and place, and makes it the technical condition of modern communication and quality should be in a new platform, which can better protect and develop traditional Musical Instruments.
Research on Regulation of Internet Advertising Platform
Authors: Ni Ming , Yan Peng
Published: March 2021

As advertisement publishers, Internet advertising platforms are the main media and channels for Internet commercial paid advertisements. Management norms and control mechanisms act are the first barrier in actual governance activities. Interest-oriented Internet platforms have natural defects in the process of regulation. The Internet advertising platform has multiple identities such as participants in the public governance of Internet advertising, rule-makers, discourse system builders, advertising publishers, product development and operators, platform owners, and service providers. Internet advertising platforms need to strengthen their own regulations to improve advertising content review rules, advertising qualification access rules, operations and channel management mechanisms, and also need to strengthen their own self-discipline[1]. At the same time, government regulatory agencies and industry organizations need to strengthen the supervision of the platform, and the society and the media also need to strengthen supervision and participation.
Successful implementation of plate heaters and evaporators in the sugarcane industry
Authors: Rostagno Mario Oscar , Olivero Valeria K.
Published: March 2021

A few years ago, the Ledesma sugar company (Argentina) started an investment process with the aim of increasing the milling capacity from 14,000 to 24,000 t/d (tonnes cane/day). The sugar plant began to install plate heat exchangers and plate evaporators as an alternative to the traditional tubular equipment. Information was collected on the installation, operation and maintenance parameters during more than 15 years, during both the harvesting and off-season. Some of the results obtained in comparison with tubular equipment and with data for plate equipment in the literature were:
Heaters: heat transfer coefficients similar to those quoted in the literature for heating limed juice and 80% higher for clarified juice heating, shorter cleaning time (8–10 h reduced to 4 h), shorter maintenance times but higher costs in spare parts than expected;
Evaporators: 15–30% higher heat transfer coefficients, 30–40% higher specific evaporation rates, shorter cleaning times (18–24 h reduced to 5 h), 20% less surface area per t/d, but higher cost of spare parts than expected.
Mechanical ventilation strategy in quadriplegic patients for the intensivist
Authors: Quintard Hervé , Moniez Franck
Published: March 2021

In France, the number of spinal cord injuries is around 2000 new cases per year, often affecting young men, and thus having a real impact on public health. Seventy percent of patients with spinal cord injury upper than C5 require mechanical ventilation during their hospitalization. The need for this mechanical ventilation expose the spinal cord injury (SCI) patients to 2 risk periods: the intubation phase with a high risk of displacement and compression during the course of the procedure, and the withdrawal phase, which is particularly difficult in this context, resulting in an increase in morbidity and hospitalization times.
Recently, the latest guidelines from SFAR-SFMU experts on the management of spinal cord injuries published. In this context, we report on good practices in the management of these patients, particularly in the field of ventilation.
AUDITORIA TRABALHISTA NAS EMPRESAS, UMA ANÁLISE DE COMO REDUZIR O PASSIVO TRABALHISTA
Authors: Vieira Lima José Joacaz , Gonçalves Juliana de Sá
Published: March 2021

Auditoria trabalhista examina os direitos e deveres dos empregadores e dos empregados - com base na legislação trabalhista e previdenciária, do contrato até o desligamento da empresa -, emite relatórios com possíveis irregularidades e identica soluções para melhoria da situação atual. O objetivo geral deste trabalho foi analisar como a auditoria trabalhista ajuda a avaliar se as rotinas de trabalho estão sendo desenvolvidas corretamente de acordo com a legislação trabalhista e previdenciária, evitando assim, possíveis reclamatórias trabalhistas ou até mesmo multas de órgãos fiscalizadores. A justificativa para realização deste estudo surgiu no contato com o tema, despertando a curiosidade em aprofundar os conhecimentos sobre as possíveis medidas para evitar um passivo trabalhista nas empresas. Para isso, foi utilizada a pesquisa bibliográfica, exploratória e descritiva através de materiais referentes a auditoria trabalhista. E foi possível concluir que utilização da auditoria trabalhista como ferramenta possibilita examinar e identificar falhas, propor correções, e apresentar medidas preventivas, reduzindo assim o chamado passivo trabalhista e evitando que a empresa seja processada e pague multas. Espera-se que este trabalho seja um instrumento de estudo e desenvolvimento de novas pesquisas sobre o tema proposto e que possa facilitar a compreensão tanto das pessoas da área de contabilidade quanto os que de alguma forma se identicam com o assunto.
PERFIL SOCIOECONÔMICO DAS PACIENTES ATENDIDAS NO SERVIÇO DE CITOLOGIA CLÍNICA DO LABORATÓRIO CENTRAL DA UNIVERSIDADE FEDERAL DE PERNAMBUCO
Authors: Xavier de Morais Ana Karolyna , Quirino da Silva Filho João Luiz , Da Costa Silva Neto Jacinto
Published: March 2021

O câncer do colo do útero possui uma maior incidência nos países subdesenvolvidos já que nestes países os programas de prevenção e detecção deste câncer se mostra menos eficaz que nos países onde são implementados programas semelhantes. O êxito no rastreamento do câncer de colo uterino e suas lesões percussoras dependem da detecção e diagnóstico precoce a da investigação periódica por meio do exame Papanicolau, ações preventivas contra o câncer cervical também se fazem por meio da educação popular e do tratamento das lesões de colo em suas fases iniciais antes de se tornarem lesões invasivas, quando o tratamento é de baixo custo e tem elevado percentual de cura. De acordo com estudos sobre os determinantes da cobertura do exame de rastreio do câncer de colo de útero no Brasil, a não realização do exame associa-se à baixa escolaridade, ao baixo nível socioeconômico, à baixa renda familiar, ao viver sem companheiro, à cor parda, ao uso de contraceptivo oral, à vergonha ou ao medo em relação ao exame, ao fato de não ter realizado consulta médica no ano anterior à pesquisa e à dificuldade de acesso à assistência médica. O presente estudo teve como objetivo avaliar o perfil socioeconômico bem como as principais queixas citadas pelas pacientes atendidas no serviço de citologia do laboratório Central da Universidade Federal de Pernambuco.
IMPORTÂNCIA DA EXPRESSÃO DA PROTEÍNA P16INK4A NO DIAGNÓSTICO E PROGRESSÃO DO CÂNCER DO COLO DO ÚTERO: REVISÃO SISTEMÁTICA
Authors: Barbosa Dutra Nascimento Fabio Rodrigo , Alves Quixabeira Dafne Carolina , Quirino da Silva Filho João Luiz , Costa da Silva Neto Jacinto
Published: March 2021

O câncer de colo do útero é uma doença grave que acomete e leva ao óbito muitas mulheres em todo o mundo. No entanto essa patologia possui lesões pré-invasivas que evoluem lentamente e que podem ser detectadas precocemente. A expressão da proteína p16INK4A se encontra aumentada nessas lesões e portanto sendo útil como biomarcador. Foi realizada uma revisão sistemática da literatura mediante busca nas bases e dados SciELO e Medline utilizando os termos “p16INK4A+ câncer de colo do útero” e “p16INK4A+ lesão intraepitelial”. O presente estudo visa realizar um levantamento de trabalhos publicados até abril de 2015 que relacionem a superexpressão da proteína p16INK4A com o diagnóstico e a progressão tumoral. Foram incluídos nessa revisão oito artigos que avaliaram a expressão de p16INK4A em amostras citológicas e/ou histológicas e estratificadas de acordo com o grau da lesão. A superexpressão foi encontrada de forma progressiva de acordo com a gravidade da lesão sendo de até 30,3% em células normais e chegando até os 100% dos casos de carcinoma. A avaliação da expressão de p16INK4A pode ser relacionada com o grau da lesão tato de amostras citológicas como histológicas podendo ser uma ferramenta útil para um melhor diagnóstico e também para o prognóstico já que pode ser associada com o risco de progressão dessas lesões.
QUALIDADE DE VIDA NO TRABALHO COMO MEDIDA PREVENTIVA CONTRA O ESTRESSE E A SÍNDROME DE BURNOUT NAS ORGANIZAÇÕES
Authors: Alves da Silva Roseane , Inácio de Melo Maria Ana Cristina
Published: March 2021

A problemática consiste em como a Qualidade de Vida no Trabalho (QVT), pode gerar benefícios contra o Estresse e a Síndrome de Burnout nas instituições atuando através de ações preventivas? Visto que colaboradores submetidos continuamente a condições inadequadas de trabalho, possivelmente, não realizarão suas atividades de forma eficiente e eficaz, ocasionando resultados negativos para a organização e poderá ser acometido por doenças relacionadas ao trabalho. A realização deste trabalho se apoia na estrutura de objetivos previamente determinados, assim o objetivo geral constitui-se em identificar como a QVT, pode atuar de forma preventiva contra o estresse e a Síndrome de Burnout nas organizações. O estudo foi realizado através de uma revisão bibliográfica. Dentre os adoecimentos de cunho psicológico que acometem indivíduos no trabalho, foram apresentados conceitualmente o Estresse e a Síndrome de Burnout. Foi identificado através desta pesquisa que a prevenção e promoção de saúde ofertada pela QTV pode prevenir adoecimentos nos colaboradores, inclusive de cunho psicológico, como o Estresse e a Síndrome de Burnout, e que programas de QVT podem ser ajustados de acordo com a necessidade de cada organização para uma atuação ainda mais eficiente.