bluuebunny/crossref_metadata_2025 huggingface dataset:
The highest courts’ activities as a factor establishing precedent in the capacity of a source of Ukrainian law
Authors: Nepyivoda Vasyl , Nepyivoda Ivanna
Published: June 2020

The Ukrainian legislation does not apply the term «precedent». It is understandable for the legal system of the Romano-Germanic family. However, judicial precedents serve as de facto source of Ukrainian law. Activities of the highest judicial institutions, the European Court of Human Rights (ECtHR), the Constitutional Court of Ukraine and the Supreme Court, providing guidelines on application of particular legal rules are principal contributors for this state of affairs. The paper provides an overview of such activities in order to evaluate the process and its prospects.

Covering the ECtHR activities, it is noted that the key elements of precedent law, such as application of stare decisis doctrine, ratio decidendi and obiter dictum components in decisions, are available there. Ukrainian courts are obliged by the statutes to apply ECtHR judgements and decisions in their own cases. Hence, the judicial precedents created by the ECtHR are the source of Ukrainian law. This discussion is followed by an analysis of the Constitutional Court of Ukraine decisions. It is concluded that been interpretative precedents they serve as a source of law as well. The third institution under examination, the Supreme Court, is empowered, inter alia, to formulate in its rulings guidelines for the application of law in a variety of situations. Since such rules are binding on the courts and other authorities, they have inherent features of the precedents and should be considered as a source of law.

The article summarizes that Ukraine falls within the continental Europe’s general trend. It implies the significant growth of the role of the European and national courts as a rule-making institutions resulting in reinforcement of the precedent as a source of law and its formalization in terms of the civil law jurisdictions. In general, such process allowing prompt adaptation to the contemporary realities is positive. To facilitate it, the term «precedent» have to be introduced into the practical area. In particular, the role of judicial precedent as a source of law should be reflected in the Ukrainian procedural legislation.
Customs control organization: european experience
Authors: Shcherbatiuk Natalia
Published: June 2020

The article presents the result of theoretical substantiation of the importance of customs control of foreign economic activity and the development of practical recommendations on its improvement and efficiency improvement in Ukraine. It has been determined that in the EU countries for the identification and development of risk factors in the customs sphere, the basic role is played by electronic systems and services, which should improve the quality of the customs authorities in the EU, in particular, ensure the effectiveness of customs control and its preventive component. It is established that the modern imperative for the implementation of customs control is the development of a new customs IT infrastructure, without which its effectiveness in modern conditions is significantly reduced. The state of institutional support for the development of customs control in Ukraine is analyzed, the main problems and ways of increasing the effectiveness of customs control in the system of public administration of foreign economic activity are outlined. For the first time, a step-by-step adaptation model of the Customs Blueprints implementation of the Customs Blueprints has been formed on the basis of the systematization of foreign and domestic experience in the institutional support of customs control of the FEA subjects. baselines, mandatory steps and urgent measures to be implemented in customs control practice in Ukraine to form a favorable institutional environment in legal, organizational and information technology areas through the introduction of the practice of customs rules and procedures of the riskbased customs audit in conditions of complete digitalization of customs formalities It was established that the system of customs security of Ukraine should be determined taking into account the international experience of the leading countries of the world. It was stated that the basic imperative of the implementation of customs control in the world fiscal practice is the maximum simplification of customs control procedures. This is due to the desire of governments to accelerate international trade, which will have a positive impact on the socio-economic development of the state.
Amnesty for combatants involved in armed condlicts: between peace and justice
Authors: Ivzhenko Diana
Published: June 2020

The article deals with amnesty for combatants, who committed crimes in international armed conflicts or armed conflicts of non-international character in foreign countries, there are also explored conclusions and recommendations of international government and non-government organisations on exemption combatants from criminal liability.

It’s obviously, that amnesty does not apply to the perpetrators of such crimes as genocide, crimes against humanity, war crimes, torture, enforced disappearances, and some others.

Considering the extended armed conflict in the east of Ukraine, it’s extremely necessary to examine the institution of amnesty within the context of diplomatic and peaceful measures of ending the conflict. As far as Ukraine is concerned, amnesty in Ukraine is a step towards general reconciliation of the society given serious work and understanding within the society is completed.

Moreover, in article discussed the question on specificities of amnesty's implementation in context of armed conflict on temporary occupied territories of Donetsk and Luhansk regions. Special attention is focused on binding terms of amnesty for combatants.

As a conclusion, author of this article states on some necessary conditions for implementing the amnesty for combatants in post-conflict society. These conditions are:

Disarmament, demobilisation, reintegration. This is one of the most controversy and difficult steps. Combatants only then are going to be disarmed when they feel their safety under international and national law.

There is a list of human rights violations that may not be pardoned by the amnesty: genocide, crimes against humanity and war crimes.

The nation and victims of the armed conflict have to know the truth about all violations of human rights according to international humanitarian law and international human rights law.

It’s important to understand, that amnesty is one of the institutions in oust-conflict society, that aimed for the end of the conflict, stabilisation of the politica; situation in the country, disarming and reintegration.
Functions, representation, and the use in Transmission Line (Arabic)
Authors: Alkahtani Mohammad
Published: June 2020

Show the use of mathematical functions in sounds, images, videos. How to expand a series, changing from sinusoidal function to power functions. The use of these functions when transmitting data. Challenging the idea that nerve cells are noiseless and lossless transmission medium by showing that brain signals can be received by an eternal devices not in the system and this indicates that there is an emission of the signal that suppose to be inside the system without noise or loss to the outside.
MENYOAL INTERNET SEBAGAI RUANG PUBLIK DALAM PERSPEKTIF HABERMAS
Authors: Haezer Eben
Published: June 2020

The idea of the internet as an ideal public sphere has still become a debate. In some studies, some experts criticize the idea, but some accept it. This article discusses the problem as seen from the perspective of the theory of Public Sphere which was initiated by Jurgen Habermas It also briefly explains the thinking concept of Habermas, Virtual Public Sphere, Democracy in the Internet Age, and Visual Culture.
PERAN ULAMA SEBAGAI RESOLUSI KONFLIK CAROK DI DESA KALIBOTO KIDUL KECAMATAN JATIROTO LUMAJANG
Authors: Ghofur Abdul
Published: June 2020

Violence cannot be separated from the role of humans as the perpetrators. One of the many cultural activities owned by Madurese tribe in Kaliboto Kidul, Jatiroto, Lumajang is carok, a deeply rooted culture that has become a tradition. Inspired by A Latief Wiyata's thoughts, the problem that will be raised in this research is how the role of local ulama to resolve such problem. This study employs qualitative research with a descriptive approach. Its orientation is to understand the meaning of the indications and phenomena that occur in Kaliboto Kidul, Jatiroto, Lumajang. In the process of retrieving data, researchers uses observation, interview and documentation techniques. Data analysis techniques used are data reduction, data presentation and conclusion drawing. The results of the study shows that carok in this area is described as an attempt to kill each other which is committed by men using sharp weapons in the form of celurit. The causing issues are self-esteem harassment, inheritance and revenge actions.

Key words: Ulama, Carok, and Criminal Law
OPTIMALISASI MEDIA SOSIAL PESANTREN UNTUK MEMBENDUNG KONTEN NEGATIF DI DUNIA MAYA
Authors: Farid Achmad
Published: June 2020

The emergence of new media era allows the spread of positive contents (inspiring and useful subject) and negative contents (hate speech and hoaxes) through cyberspace. Islamic Boarding Schools (Pondok Pesantren) which have large mass of santri (students) have a strategic position to repress the dissemination of mentioned negative content. The applied method is optimizing social media as a channel for spreading positive content with the spirit of rahmatanlil ‘alamin.

Key Words: New Media, Islamic Boarding School (Pondok Pesantren), the Spirit of Rahmatanlil ‘Alamin
REJUVENASI PARADIGMA DAKWAH DI ERA 4.0
Authors: Darwis Mohammad
Published: June 2020

This article discusses rejuvenation of Islamic da'wah paradigm in the fourth industrial revolution era, by critically examining the process of social change in society. The era developes technology, while bringing positive and negative effects to society. The public will inevitably face the impact of Industry 4.0, in the form of political, cultural, economic, and ideological aggression. This will further marginalize and disqualify the traditional structures of established communities. Likewise the development of technology as intended also becomes a challenge to the da'wah movement, both concrete and ideological. The emergence of science and technology in this era could have a destructive effect on the da’wah movement and the process of broadcasting Islamic missions to the public. Likewise the emergence of various understandings and ideologies can shift the existence of da'wah, which in turn will push the scope and pace of the da'wah movement. Therefore, in this area, the da’wah movement is required to be able to provide new paradigms that are able to transfer messages of Islamic teachings to the public, so that the existence of Islamic da'wah can always be maintained. Based on the description above, this article describes the challenges and opportunities of da'wah in era 4.0, how to find a new paradigms, the significance of Islamic da'wah in response to technological developments, and the reconstruction of da'wah in era 4.0. Then, at the end of this articles, there is a recommendation about how to do effective da’wah in the fourth industrial revolution era.

Key Words: Paradigm of Da'wah, Da'wah, The Fourth Industrial Revolution Era, Rejuvenation
KEBIJAKAN KOMISI PENYIARAN INDONESIA TERHADAP KONTEN TELEVISI EDISI RAMADHAN
Authors: Najikh Ahmad Hayyan , Ardy Zaini Muhammad
Published: June 2020

The research entitled " THE KPI POLICY IN THE TELEVISION INDUSTRY (Case Study of KPI Policy on Content of Television Broadcasting Program Ramadhan Edition)" is motivated by the lack of maximum role of the government in creating situations and conditions conducive to worship in the month of Ramadan, especially in the realm of television media broadcasting the Ramadan edition)". The concrete form is that some of the da'wah programs on television present more shows than guidance, some deviate to the point of lacking in everyday examples. Whereas television, if seen from the perspective of da'wah, can be said to be an effective da'wah media. And the role of government here is institutionally represented by KPI (Indonesian Broadcasting Commission). This study aims to find out exactly how the Indonesian Broadcasting Commission's policies towards television media content, especially during the month of Ramadan. Because of KPI's findings, found violations committed by television media are a repetition of previous years. This research is a qualitative study using policy analysis as a methodology for analyzing KPI policies, which includes collecting data from online news, the Broadcasting Law, KPI's official website and MUI statement, and then analyzing the findings. The results show that if theoretically, the policies issued by KPI institutions are legally strong and must be obeyed by all parties related to KPI institutions. But in reality there are still those who have not yet implemented it. And when related to the theories above, the factors that cause implementation to fail are due to factors such as the selection of the wrong strategy, or the wrong "machine" or "instrument"; "Programming" bureaucracy is wrong; the operation operation is bad; there is something wrong at the "executive level"; or a bad response to a problem. From these factors, it could be that the factors within the KPI are the poor level of implementing policies. The lack of strict sanctions provided, so that KPI institutions do not have the authority in the eyes of media stakeholders. And can also be bad bureaucratic instruments.
SONGKOK CELLENG
Authors: Ghofur Abdul
Published: June 2020

Songkok Celleng is the mention of headgear for men in terms of the Maduresecommunity or often referred to as a cap and kopyah. The head covering or known asSongkok Celleng is a complementary part in dressing for the santri (student in IslamicBoarding School), traditional clothing in the community to clothing for bureaucratswho have an implicit significance in its use. In this scientific work, the writer uses asemiotic qualitative method according to Charles Sanders Pierce who specificallydescribes that the sign is able to represent something else. In addition, Pierce alsodefines the sign as something that can not be separated from the object of referenceand understanding of the subject of signs with trichotomy: representamen,interpretants and objects. From the research conducted, the conclusions that can beshown by the author are: (1) Songkok celleng (representamen) is a santri identitycontaining philosophical meaning of obedience or submission (interpretant) in theform of a head covering (object). (2) Songkok celleng is always present with the spiritof nationalism introduced by the First President of Indonesia (Sukarno) that SongkokCelleng is a national identity also strengthened by government regulations issuedduring the Soekarno administration.
IMPLEMENTASI KEBIJAKAN MAGANG DAN KONSELING WARGA BERKEBUTUHAN KHUSUS DI SURABAYA
Authors: Ghulam Zainil
Published: June 2020

This article discusses counseling and internship programs for people with special needs that are run by the Surabaya City Government. As mandated by the 1945 Constitution, it is the state's obligation to protect the rights of persons with special needs. Including, their rights in the scope of employment. The Surabaya City Government prepared an apprenticeship program for them. Before that, there was a counseling process for each person with special needs. In the implementation of national development aimed at realizing a just and prosperous society based on Pancasila and the 1945 Constitution, people with special needs are part of Indonesian society who also have the same position, rights, obligations and roles. In many cases, apprentices are then recruited by the company. This program is carried out in collaboration with a number of institutions or companies in Surabaya. The theory used in this article is counseling and public policy. While the method used is qualitative, with a literature review approach. As a result, what the Surabaya City Government is doing reinforces the psychological aspects of school graduates with special needs. During the internship, they gained valuable experience and boosted the confidence of each participant. Even if they are not immediately recruited to work at the place, the post-apprenticeship certificate they have, can be their reinforcement when they want to apply to other companies. So, the benefits of this program are in the aspect of training for them, and promotion of the performance of those who are not less than those who do not have some special needs.
MENGKAJI TRADISI NABI SEBAGAI PARADIGMA DAKWAH YANG RAMAH
Authors: Mala Faiqotul
Published: June 2020

Artikel ini membahas tentang karakteristik dakwah Nabi Muhammad. Diskusi mengenai dakwah yang penuh perdamaian adalah penting. Apalagi, belakangan ini, marak pemberitaan tentang ISIS (Islamic State of Iraq dan Syria), khususnya tentang isu rencana pemulangan eks ISIS ke Indonesia yang menimbulkan pro dan kontra di antara beberapa kalangan. Kendatipun pada akhirnya pemerintah memutuskan untuk tidak memulangkan eks ISIS lintas negara kembali ke Indonesia, namun hal ini sangat mengancam keamanan dan menimbulkan keresahan dan kekhawatiran di tengah masyarakat. Nabi Muhammad adalah teladan bagi para dai dalam menyebarkan nilai-nilai Islam yang rahmatan lil alamin, dengan penuh kegigihan, rendah hati, dan kesabaran. Dakwah dengan penyampaian yang lemah lembut, dan ramah terhadap realitas sosial yang ada, merupakan ajaran Nabi yang berpijak pada wahyu Allah. Oleh karena itu, para pendakwah tidak hanya dituntut mempelajari sumber-sumber ajaran Ialam, tetapi juga harus memahaminya secara komprehensif melalui berbagai disiplin ilmu yang kemudian diintegrasikan dengan karakter dan kondisi sosial masyarakat. Jika dakwah disampaikan dengan cara anarkis atau kasar, hal itu menunjukkan bahwa minimnya pengetahuan dan penghayatan tentang ajaran Islam. Karena sejatinya tidak ada satu agama pun di dunia ini yang melegalkan atau mengajarkan tindakan anarkis. Agama Islam justru menjadi sumber utama inspirasi kebahagiaan dan kedamaian.
Conflict Analysis of the Main Characters in Short Stories by Edgar Allan Poe
Authors: Bulu Maryana
Published: June 2020

This qualitative research aims to (1) describe the types of conflicts of the main characters in short stories by Edgar Allan Poe, (2) describe the effects of  conflicts of the main characters in short  stories by Edgar Allan Poe. The researcher used theory by Nurgiyantoro (2002). There are two types of conflicts, internal conflict and external conflict. He divides the external conflict into social conflict and physical conflict. The data source were short stories  by Edgar Allan Poe they were: (1) The Tell-Tale Heart (2017), (2) The Black Cat (2017), and (3) The Hop Frog (1849). The data in this study were in the form of  main character’s dialogues or  utterances, and behavior in the three short stories. Techniques of data analysis done were data reduction, data display, and data conclusion drawing and verification by Miles and Huberman’s theory (1984). The researcher found sixteen data from  three short stories by Edgar  Allan Poe, there were  four data from The Tell-Tale Heart, ten data from The Black Cat, and  two data from The Hop Frog, and  the details are :  Six data of  internal conflicts, five data of  social conflicts, and  five data of physical  conflicts. Then, the details of  the results on the affects experienced  by the main characters are :  One datum  of  positive affect (enjoyment or  joy, interest or excitement, and  surprise  or  startle),  and  fifteen  data  of  negative affect (anger or range, disgust, dissmell, distress or anguish, fear or terror, and shame or humiliation). The researcher expects the next researchers to study concept of conflict analysis or main character in different subjects.
The Psychological Problems in Sexual Deviation of Christian Grey in Fifty Shades Movies
Authors: Afifa Putri Rokhma , Kurnia Dian Maya
Published: June 2020

The research applied psychoanalysis and psychological approaches to analyze Christian’s sexual deviation in Fifty Shades movies. This research used descriptive qualitative method to analyze the data. The research aimed at analyzing the causes of Christian’s sexual deviation and the personality impact of his sexual deviation. The objects of this research were the first and second movies of Fifty Shades trilogy, they were Fifty Shades of Grey and Fifty Shades Darker. The data of this research were taken from Christian’s dialogues, utterances, and actions related to the topic of this research. The findings of this research showed that Christian had sexual deviation related to sadistic things from his traumatic experience. Christian also had personality disorders as the impact of his sexual deviation. Christian had three personality disorders: histrionic, obsessive-compulsive, and narcissistic personalities.
An Analysis of Hegemony in Zootopia Movie
Authors: Fauziah Wirda , Thahara Yopi
Published: June 2020

This research is purposed to analyze the structure groups of hegemony and the types of hegemony that happen in Zootopia movie. This research was done using qualitative method. The data were gained by watching the movie, paying attention to the statement and conversation and then analyzed the structures group and the types of hegemony. The data were analyzed by; data reduction, data display and conclusion drawing based on Miles and Huberman‟s theory. The findings of this research reveal that there are two structure gorups of hegemony in Zootopia movie. The first is dominant group that have two parts, civil society and the state. The civil society in Zootopia is the common citizen who did the hegemony toward the weak characters. The state is people who living under system of government who has a power to do hegemony toward the civil society. The second is the subordinate group, the group that dominated by the dominant group. This research also reveals that hegemony in Zootopia movie has two types; coercive control and consensual control. In coercive control, the dominant force the subordinate group to agree and follow their rule while in the consensual control, the dominant influence the subordinate group by their thought to make them follow their rule. In Zootopia movie, coercive power is the dominant and commonly used by the charaters.
Irony Analysis of Memes on Instagram Social Media
Authors: Lestari Widia
Published: June 2020

This study disscused the irony in memes on Instagram. The memes were selected by selecting some accounts on Instagram. The aims of this study are to identify the types of irony in meme and to describe the meaning of irony used in memes on Instagram. In conducting this research, the methodology used is descriptive method by Creswell (2008). Theory of types of irony by Perrine (1966) and theory of meaning by Leech (1981) are used to do the analysis. The result of this research shows that there are twenty six verbal irony and four situational irony. Verbal irony in memes can attract the readers interest , and situational irony gives funny effects because of discrepancy between appearance and reality, or between expectation and fulfillment. Verbal irony and situational irony found on the Instagram are illustrated through the utterances in memes, and these memes have implicit meaning (non-literal meaning). How the readers understand the memes depends on their culture, time, and individual experience. Besides, the readers can get the meaning of memes if they compare the memes with the topic that has been viral their life.
International Students in Multicultural Classrooms
Authors: Nurbatra Laela Hikmah
Published: June 2020

Internationalization has been done in some Indonesian universities, including University of Muhammadiyah Malang. The program has opened a wider opportunity for foreign lecturers to share their experiences with the students within the University of Muhammadiyah Malang. In addition to that, this program has also provided a greater chance for international students to enroll at the university. The number of International students in the University of Muhamadiyah Malang indeed has increased over the years. In regards to that, this present study identified challenges faced by the international students in the multicultural classroom. In doing so, the study involved six international students from two different countries; China and Thailand. The students studied at English Language Education Department, Faculty of Teacher Training and Education.  Using questionnaires and a semi-structured interview, this study analyzed the result thematically. The research findings revealed five areas of challenges that the International students experienced in the university.
Métrologie des rejets des trop-pleins de poste : généralisation et limite de la méthode Coachs
Authors: DUFRESNE M. , FRELAT M. , ISEL S. , MANJARRES A. , ODINOT N. , PEREIRA GUIBU G. , SCHAER N. , VAZQUEZ J. , WERTEL J.
Published: June 2020

Un des objectifs de ce travail est l’autosurveillance des déversements d’un réseau d’assainissement vers le milieu naturel via la configuration spécifique des trop-pleins. La méthode décrite dans le guide n° 3 Coachs est aujourd’hui régulièrement mise en oeuvre pour ce type d’ouvrage. Le présent article présente neuf configurations qui ont été étalonnées par modélisation numérique 3D, car elles sortent de sa gamme d’application. Les lois hauteur-débit obtenues sont comparées à Coachs. Cette démarche montre que la gamme des diamètres peut être étendue aux Ø100 et Ø800, les débords et les obstacles ont peu d’impact. En revanche, une canalisation non perpendiculaire à la paroi de la chambre a un impact significatif sur la loi h/Q du fait de la déformation de la section mouillée et des lignes de courants à l’engouffrement.
PILIHAN MEDIA PEMBELAJARAN DARING OLEH GURU PAI DI BENGKULU TENGAH
Authors: Elianur Carona
Published: June 2020

Abstract: This research was conducted to find out the learning media used by islamic education teachers in implementing online learning. This online learning is carried out throughout schools in Indonesia, to prevent the spread of coronavirus (covid-19). The formulation of the problems in this study are: (a) What is the media used by islamic education teachers in Bengkulu in teaching online ?; and (b) What is the response of islamic education teachers in Bengkulu Tengah to online learning ?. This type of research is a descriptive study with a quantitative approach. The research subjects taken were islamic education teachers in Bengkulu Tengah district. Data collection techniques using online questionnaires. The conclusions obtained in this study are: (a). The media used by islamic education teachers in Bengkulu in teaching online is the Whatsapp application and zoom cloud; and (b) islamic education teacher responses in Bengkulu Tengah to online learning the majority of teachers said that online learning was not effective.

Keywords: Online Learning Media, PAI Teachers

 

Abstrak: Penelitian ini dilakukan untuk mengetahui media pembelajaran yang digunakan oleh guru PAI dalam melaksanakan pembelajaran secara daring. Pembelajaran secara daring ini dilakukan diseluruh sekolah di Indonesia, untuk menghambat penyebaran coronavirus (covid-19). Adapun rumusan masalah dalam penelitian ini yaitu: (a) Apa media yang digunakan oleh guru PAI di Bengkulu tengah dalam mengajar secara online?; dan (b) Bagaimana tanggapan guru PAI di Bengkulu Tengah terhadap pembelajaran secara daring?. Jenis penelitian yang dilakukan merupakan penelitian deskriptif dengan pendekatan kuantitatif. Subjek penelitian yang diambil adalah guru PAI di kabupaten Bengkulu Tengah. Teknik pengumpulan data menggunakan angket secara online. Kesimpula yang didapat dalam penelitian ini yaitu: (a). Media yang digunakan oleh guru PAI di Bengkulu tengah dalam mengajar secara online adalah aplikasi Whatsapp dan zoom cloud; dan (b) Tanggapan guru PAI di Bengkulu Tengah terhadap pembelajaran secara daring mayoritas guru mengatakan bahwa pembelajaran secara daring tidak efektif.

Kata Kunci: Media Pembelajaran Daring, Guru PAI
Optimized Intermittent Pharmaceutical Treatment of Cancer Using Non-Linear Optimal Control Techniques
Authors: Mavromatakis Iason S. , Liliopoulos Sotirios G. , Stavrakakis George S.
Published: June 2020

Cancer remains one of the most important diseases and causes of death. In this study, a non-linear mathematical model of tumor growth with immune response, under the effects of chemotherapeutic treatment is studied. Two cost-efficient optimal control approaches are presented based on direct collocation and state dependent Riccati equation methods in order to optimize the pharmaceutical treatment-dosage to the patients. Finally, the numerical results from each method are presented, providing an overall better regimen, when compared to similar previous studies, by successfully eradicating the tumor and minimizing the side-effects of chemotherapy
The First Amendment Right to Record Images of Police in Public Places
Authors: Calvert Clay
Published: June 2020

Analyzing federal cases through May 2015, this Article examines the current, contested terrain of the emerging, yet qualified, First Amendment right to record police performing duties in public venues. The Article argues that multiple First Amendment interests, ranging from the watchdog role of the press to discovery of truth under the marketplace of ideas theory, mandate that the reasonable-restrictions standard, which is now deployed by most courts to decide if this nascent right may permissibly be abridged, be jettisoned in favor of a more rigorous, speech-friendly approach. Specifically, the Article advocates a form of judicial review akin to strict scrutiny. It also proposes a framework of analysis—a “Continuum of Necessity”—for adding consistency and teeth to this tack. The Article concludes by calling on the Supreme Court to quickly consider a right-to-record case to establish two key points: (1) the existence of a clearly established First Amendment right in 2015 to record police performing their duties in public places; and (2) any restrictions imposed on this right are permissible only if they are so narrowly tailored that no viable alternatives exist that would allow for greater ability to record police under the circumstances.
Threaten Sentencing Enhancement, Coerce Plea, (Wash, Rinse,) Repeat
Authors: Porter Wes Reber
Published: June 2020

Our American criminal justice system is too often described as broken. It was not a clean break in a single, isolated location. Instead, our criminal justice system suffers from many, many little nicks, bumps, and bruises at the hands of its keepers. The evolution of sentencing enhancements within our criminal justice system represents the latest nagging, reoccurring injury. In the ultimate Trojan horse to criminal defendants, the Supreme Court sought to protect the individual rights of the accused with its recent decisions on sentencing enhancements. But at the hands of lawmakers, the judiciary, and prosecutors, criminal defendants suffer more. Our criminal justice system also suffers from practices related to sentencing enhancements and the resulting wave of wrongful convictions by guilty plea.
“What Happened to Me Can Happen to Anybody”—Women Exonerees Speak Out
Authors: Konvisser Zieva Dauber
Published: June 2020

Only a few studies have investigated the psychological consequences of wrongful conviction; several others have examined the psychological consequences of incarceration and its impact on reentry and reintegration, primarily for men. For women who have been wrongfully convicted and subsequently released from prison into the free world, there are further indignities and unique issues: having to deal with the deep personal loss of murdered loved ones along with criminal charges; the absence of DNA evidence, making convictions harder to fight; stigmatization by prosecutors and the media; and unique emotional and medical needs.

This Article presents findings from in-depth interviews with twenty-one exonerated women and describes the unique qualities and needs faced by wrongfully convicted women during their arrest, trial, conviction, imprisonment, release, and post-release, and the creative and resourceful strategies that have helped them cope with an untenable reality.

By giving voice to their lived experiences, this Article seeks to personalize and contextualize the events surrounding the cases, to humanize the people whose lives have been destroyed, and to establish identities amidst an overwhelming sea of facts and statistics. In addition, this Article provides valuable insights and information for clinicians, counselors, families, friends, employers, and communities working to help wrongfully convicted women, and for lawyers, policy-makers, and advocates working to promote social justice and criminal justice reform.
Addressing Access to Justice Through New Legal Service Providers
Authors: Woolley Alice , Farrow Trevor
Published: June 2020

Most informed observers of the Canadian and American legal systems accept the existence of a significant crisis in access to justice. Evidence shows growing numbers of self-represented litigants, inadequate support for legal aid, far more reported legal issues than there is access to affordable legal assistance, and costly legal services and legal processes out of reach of most middle- and low-income citizens. Bridging this “justice gap” has become the focus of modern access to justice reform efforts.
I’m a Conduit, You’re Glue, Funds Flow Through Me and Stick to You
Authors: McDaniel Jennifer S.
Published: June 2020

Freight factoring companies provide much-needed cash flow and additional services to trucking companies. The trucking company sells its accounts receivable, or invoices, at a discount to the freight factoring company and receives an advance of funds in exchange. The freight factoring company will then begin collecting on these invoices from the trucking company’s customers, or debtors. When a debtor sends funds to a freight factoring company, it is paying for the services rendered by the trucking company. As such, the freight factoring company is obligated to apply the funds it receives to its client’s invoices in accordance with remittance attached to the debtor’s payment.

When a debtor files bankruptcy, the bankruptcy trustee seeks to recover as much property as possible for the bankruptcy estate. Thus, it is not uncommon for freight factoring companies to find that funds it received from a debtor may be subject to a preferential claim under Bankruptcy Code section 547 for recovery by the bankruptcy estate. However, there is a judicially created exception from recovery called the mere conduit defense. This Comment explores the origins of that defense, its application in cases involving banks as financial intermediaries and as payees on loans, and advocates that freight factoring companies should be viewed as mere conduits in bankruptcy preference claims.
The Economic Loss Rule and the Design Professional’s Liability in Texas
Authors: Russell Shelby
Published: June 2020

The economic loss rule bars recovery by a party who suffers only economic loss, unaccompanied by harm to the person or property. Although the economic loss rule was developed as a way to maintain a “boundary line” between contract and tort law, the application of the rule has proven difficult because of its potential for broad applicability and inequitable results. Because of this, several jurisdictions across the United States have adopted exceptions to the general economic loss rule. One such exception is negligent misrepresentation. The negligent misrepresentation exception is outlined in section 552 of the Second Restatement of Torts. The exception provides that a person who conveys negligent information in the course of his or her business for the guidance of persons within a limited class, who then rely on that information to their detriment, are liable to those persons in tort notwithstanding the economic loss rule. Until recently, Texas law was unclear as to whether it had adopted negligent misrepresentation as a general exception to the economic loss rule. It is clear, however, that Texas has adopted an exception to the economic loss rule for professionals who provide negligent information in the course of their profession. The Court in LAN/STV v. Martin K. Eby Constr. Co. (“LAN/STV”) chose not to extend this exception to design professionals who provide negligent design plans to contractors for a construction project. This decision has received backlash by many in the construction industry as it produces inequitable results and does not extend the “professional” exception to design professionals. Texas should adopt the negligent misrepresentation exception to the economic loss rule, as applied to design professionals in the construction context, so that tort remedies are available to contractors who suffer economic losses due to their reliance on negligent plans from a design professional.
Competition Law for a Post-Scarcity World
Authors: Mehra Salil K.
Published: June 2020

Writers, economists and IP scholars have hailed signs of an incipient shift to a post-scarcity world. Driving this change are rapid decreases not only in marginal cost, but also in the fixed or first-unit costs of production. Whether these changes become economy-wide, or remain confined to a subset of industries, they have dramatic implications for competition law and policy. This Article is the first to address these implications. In particular, because of the incentive for incumbent firms to engage in what may be termed “anti-disruption” – as examples such as the Apple/e-books antitrust case and the regulatory responses to Uber show – competition law must play an active role in assisting the transition to a post-scarcity world. Playing this role will not be simple, but the welfare gains of this societal shift make it impossible to ignore.
The Law and Politics of Firearms Regulation in Reconstruction Texas
Authors: Frassetto Mark Anthony
Published: June 2020

In District of Columbia v. Heller, Justice Scalia instructed that the historical understanding of the right to keep and bear arms should inform our present day understanding of the Second Amendment. This means an accurate accounting of the history of firearms regulation is essential for understanding the scope of the Second Amendment. The current state of scholarship on Second Amendment history paints post-Civil War firearms regulations as racist efforts by Southern states to prevent blacks from defending themselves against racial violence. This reading distorts the historical record by ignoring the actors responsible for numerous gun laws across the former Confederacy. This article is, in part, a response to such inaccurate accounts.

More fundamentally, this article provides an in-depth account of the political views of the Republican Unionists, who followed their ratification of the Fourteenth Amendment with strict regulation on publicly carrying firearms to protect freedmen from racial violence. This article’s account of Texas history makes clear that the Republican Unionists who ratified the Fourteenth Amendment held a narrow view of the right to carry firearms in public, and believed public carry could be broadly regulated. By contrast, it was the Southern Democrats — who had fought relentlessly against the Fourteenth Amendment after losing the Civil War — who advocated an expansive view of the right to carry guns in public, a view which gun rights proponents continue to espouse today.
November Madness
Authors: Valentine Daniel P.
Published: June 2020

This Comment proposes Representative Democracy Brackets, a multi-level manner of choosing candidates in which all voters have an equal voice, but which by its structure reduces the effect of mass marketing in favor of a focus on forming and evaluating interpersonal relationships. By implementing Representative Democracy Brackets, a state or the United States can achieve the twin benefits of decreasing the undue effects of political spending and increasing the quality of the resulting decisions. The proposed brackets winnow the pool of voters until it is small enough to make an informed decision.

This Comment defines the problem by reviewing the current state of campaign expenditures and the potentially negative effects of those expenditures on elections. To define the space within which changes could be made, the Comment discusses the law, including recent case law, that governs the financing and manner of holding elections. The Comment describes other decision-making processes and their features. Finally, the Comment proposes Representative Democracy Brackets as a viable solution, identifying the key success factors and the challenges to state or national implementation.
Efficiency of antituberculosis measures in the improvement of tuberculosis control in Ukraine
Authors: Feshchenko Yurii , Melnyk Vasy , Matusevych Valentyna , Novozhylova Iryna , Bushura Iryna
Published: June 2020

The study was aimed to estimate positive aspects and lacks of tuberculosis (TB) control in Ukraine on the basis of analysis of reports of antituberculosis dispensaries in 2012–2017 years. Positive
changes in an epidemic situation on ТB in 2012–2017 were marked
by an increase of the detectability percent of patients with ТB by
sputum smear and culture, an increase of percent of clinical recovery
of patients, reduction in ТB sick rate among medical workers, and,
as a result, reduction of the incidence of all forms the first registered
patients with ТB and pulmonary ТB, multidrugresistant tuberculosis
(MR TB), reduction of the mortality and prevalence of all forms of
active ТB among all population.
It was established that the efficiency of antituberculosis measures was
insufficient. In particular, the percent of prophylactic fluorography
inspections of adults and children was too low as was low the level
of scope the inoculation of children bellow 1 year and revaccination.
The study revealed an unsatisfactory level of chemoprophylaxis;
insufficiency of infectious control in establishments; efficiency of
treatment of patients with pulmonary TB and patients with multidrugresistant tuberculosis falls short of to the WHO indicators at the
height of percent of patients with the interrupted and failed treatment. The level of mortality and death rate remains high.
Priority tasks for the achievement of aims of the new social program
for tuberculosis control in Ukraine during the reform of the system
of health protection to the patients with ТB are introduction of
new models of treatment with an accent on ambulatory treatment,
short courses of treatment and new preparations, patient-oriented
approach for treatment of patients, providing of social support of patients on the stage of ambulatory treatment with the purpose of
an increase of adherence of patient to treatment by attracting of civil
society.
Keywords: tuberculosis, antituberculosis measures, treatment, detection, prevention.
For citation: Feshchenko YuI, Melnyk VM, Matusevych VH, Novozhylova IO, Bushura IV. Efficiency of antituberculosis measures in the
improvement of tuberculosis control in Ukraine. Journal of the National
Academy of Medical Sciences of Ukraine. 2019;25(4):457–62.
Inventarisasi Jamur Patogen Tular-Benih pada Lima Varietas Padi
Authors: Sobianti Sifa , Soesanto Loekas , Hadi Suciati
Published: June 2020

Penelitian ini bertujuan untuk mengetahui (1) beragam spesies jamur patogen tular-benih pada lima varietas padi, dan (2) persentase daya kecambah lima varietas padi. Penelitian dilaksanakan di Laboratorium Karantina Pertanian Kelas I Semarang, dari bulan Maret sampai dengan Mei 2019. Penelitian ini menggunakan Rancangan Acak Lengkap dengan 5 perlakuan dan 5 ulangan, perlakuan terdiri atas Varietas Inpago Unsoed 1, Inpago Unsoed Parimas, IR64, Ciherang, dan Situ Bagendit. Isolasi dan identifikasi jamur patogen tular-benih dilakukan pada blotter test dan medium PDA, dengan pengamatan di bawah mikroskop stereo dan kompon, kemudian dibandingkan dengan pustaka. Variabel yang diamati yaitu morfologi koloni patogen, morfologi patogen, dan daya kecambah. Hasil penelitian menunjukkan bahwa (1) pada semua varietas benih padi terdapat jamur patogen tular-benih, tetapi tidak semua jamur tersebut dijumpai pada setiap varietas. Jenis jamur patogen tular-benih yang dijumpai, yaitu Alternaria padwickii Ganguly, Aspergillus flavus Link, Aspergillus niger van Tieghem, Curvularia lunata (Wakker) Boedjin, Curvularia pallescens Boedjin, Drechslera oryzae Breda de Haan, Fusarium semitectum Berk. & Rav. [W&R, G,B,J], Rhizoctonia solani J. G. Kuhn, Rhizopus oryzae Went & Prins. Geerl., dan Tilletia barclayana Bref., dan (2) uji daya kecambah menunjukkan bahwa masing-masing varietas benih padi memilki persentase daya kecambah benih yang berbeda. Daya kecambah benih berturut-turut pada varietas IR64, Ciherang, Inpago Unsoed 1, Inpago Unsoed Parimas, dan Situ Bagendit sebesar 85,75, 81,75, 80,25, 76,5, dan 70%.
Pertumbuhan dan Hasil Dua Klon Ubi Jalar pada Tinggi Bedengan yang Berbeda
Authors: Haryuni Haryuni , Adnan Adnan , Fransisko Eko
Published: June 2020

Ubi jalar merupakan salah satu makanan pokok bagi sekelompok penduduk Indonesia, karena itu tanaman ubi jalar ikut memegang peranan penting di dalam posisi lumbung pangan nasional. Penelitian ini bertujuan untuk mendapatkan tinggi bedengan terbaik untuk  dua klon tanaman ubi jalar. Penelitian ini dilakukan dikebun percobaan Sekolah Tinggi Ilmu Pertanian Rejang Lebong. Penelitian   ini  dilaksanakan dengan menggunakan   rancangan  acak  kelompok (rak) dengan dua faktorial terdiri atas : faktor pertama klon (k) 2 jenis yaitu : k1 = ubi jalar merah,  k2 = ubi jalar madu. Faktor kedua tinggi bedengan (b) 3 jenis  yaitu: b1  = 20 cm,  b2  = 40 cm, b3 = 60 cm. Dari perlakuan diulang  empat kali sehingga terdapat 18  satuan percobaan. Setiap satu satuan percobaan terdiri atas 3 bedengan. Hasil penelitian menunjukkan varetas terbaik yaitu klon tanaman ubi jalar merah dan tinggi bedengan yang terbaik yaitu dengan tinggi bedengan 40 cm.