scholarly journals Yellow Flag Fever: Describing Negative Legal Precedent in Citators

2017 ◽  
Author(s):  
Aaron Kirschenfeld

This study analyzes the accuracy with which descriptions of subsequent negative treatment are applied by online citators. A system making use of a hierarchical controlled vocabulary applying these descriptions appears marginally more accurate, but the citator’s traditional role in legal research must be reconceptualized.

1970 ◽  
Vol 21 (1) ◽  
Author(s):  
Lorraine Skiffington

This article examines the role of the "new" legal institutions in bargaining under the Employment Contracts Act 1991 through an analysis of case law and legal research. It provides an overview of bargaining provisions specifically addressing: choice of representatives, authorisation, recognition, rights of access, negotiation and ratification and critically analyses how the legal institutions have interpreted bargaining provisions under the Act. It argues that the free market philosophy underpinning the new regime is fundamentally flawed and that "free bargaining" has failed to deliver a workable system. Contrary to the peripheral role envisaged by the Act for the "new" legal institutions they had little option but to intervene and assume a traditional role of balancing the competing interests of employer and employees. In the absence of a statutory mandate for intervention, they find themselves in an increasing precarious position pointing to an urgent need for refornt of bargaining provisions and clarification of their role.


Author(s):  
Jacqueline A. Towson ◽  
Matthew S. Taylor ◽  
Diana L. Abarca ◽  
Claire Donehower Paul ◽  
Faith Ezekiel-Wilder

Purpose Communication between allied health professionals, teachers, and family members is a critical skill when addressing and providing for the individual needs of patients. Graduate students in speech-language pathology programs often have limited opportunities to practice these skills prior to or during externship placements. The purpose of this study was to research a mixed reality simulator as a viable option for speech-language pathology graduate students to practice interprofessional communication (IPC) skills delivering diagnostic information to different stakeholders compared to traditional role-play scenarios. Method Eighty graduate students ( N = 80) completing their third semester in one speech-language pathology program were randomly assigned to one of four conditions: mixed-reality simulation with and without coaching or role play with and without coaching. Data were collected on students' self-efficacy, IPC skills pre- and postintervention, and perceptions of the intervention. Results The students in the two coaching groups scored significantly higher than the students in the noncoaching groups on observed IPC skills. There were no significant differences in students' self-efficacy. Students' responses on social validity measures showed both interventions, including coaching, were acceptable and feasible. Conclusions Findings indicated that coaching paired with either mixed-reality simulation or role play are viable methods to target improvement of IPC skills for graduate students in speech-language pathology. These findings are particularly relevant given the recent approval for students to obtain clinical hours in simulated environments.


2018 ◽  
Vol 1 (4) ◽  
Author(s):  
ELMA YANTI

The settlement of criminal offenses with mild motives can be carried out by reasoning penal mediation called the restorative justice approach, which focuses on the direct participation of perpetrators, victims and the community. The research that use in this study is sociological legal research (social legal research). The concept of restorative justice through reasoning penal mediation in the settlement of a mildly criminal case for the indigenous people of village kuala gasib in koto gasib siak, was carried out with the intermediary of the headman. Headman as customary village heads and as government administrators have an important role in creating peace efforts in resolving disputes that occur in the community, one of which is through the settlement of criminal cases by reasoning penal mediation with the concept of restorative justice. The constraints of the concept of restorative justice through reasoning penal mediation in the settlement of mildly criminal cases for the indigenous people of village kuala gasib in koto gasib siak are: a) The absence of a special law mediation of regulation, b) Lack of facilities and infrastructure in mediating, c) Lack of mediator skills for village head to reconcile the parties to the dispute, d) There are differences of opinion among law enforcement officials about the concept of restorative justice through penal mediation


2018 ◽  
Vol 1 (4) ◽  
Author(s):  
Ninik Meiyudianti

Obligation of creditor in making report for nullification of debt in fiduciary registration office to delete the record of fiduciary object is known as liability omission (Roya). Liability omission can be done when debtor paying off all debts that is possessed to the creditor.  When liability omission (roya) is not conducted by the creditor after debtor pay off all the debt, it certainly harms  the debtor since he/she as debtor is not able to use the fiduciary object to make new credit agreement with other parties. The present research aims to elaborate and examine further about the obligation of creditor in performing liability omission toward the fiduciary object when the debtor paying off all the debts. Moreover, the present study tries to elaborate further about accountability of creditor regarding negligence in performing liability omission toward fiduciary object that has been paid off.  The method used in the present study is a normative legal research, namely legal research which is conducted by examining the library materials or secondary law while in finding and collecting the data is done by two approaches, namely the law and conceptual approaches.  The present study shows that deletion record of fiduciary object based on paying off of debts by the debtor shall be performed by the creditor. When creditor neglects in performing this act within fourteen days (14) after the repayment of debt, it can be justified as infringement of law. Moreover, creditor shall responsible to pay all losses that is experienced by the debtor.


2020 ◽  
Vol 10 (1) ◽  
pp. 13-26
Author(s):  
Candra Irawan ◽  
Adi Bastian ◽  
Febrozi Rohadi

Currently in Indonesia Islamic Bank has gained a place and interested in the community, causing many emerging Syari'ah Bank and Financial Institutions of the syari'ah, and products in Islamic banks are widely used is murabahah financing. The formulation of the problem in this research are: (1). How is the implementation of the sale and purchase through murabahah financing between Bank Muamalat Harkat with customers. (2). Is trading system murabahah financing between Bank Muamalat Harkat and customers have been according to the principles of Syari’ah. (3). How murabahah financing efforts to resolve the breach between the customer and Muamalat Harkat. This research method is empirical legal research, this study was conducted in Bank Muamalat Harkat based data collection through field research such as interviews, observation and description as well as information from respondents through library research. The results of this research are: before an agreement Bank to assess carefully the prospective customer in the form of a comprehensive analysis and is divided into several stages, such as the assessment using the principle of 5C Character (Character of the debitor), Chapacity (Capability Candidate Debitor) , Capital (Capital candidate Debitor), Collateral (Collateral candidate Debitor) and Condition of economy (economic condition of the prospective Borrower). Trading system murabahah financing between Bank Muamalat Harkat with the customer has not fully based on the principles of the Syari'ah. Murabahah financing efforts to resolve the defaults can be solved by R3 is Restrukturing (Arrangement Back), Reconditioning (Terms Back) and Rescheduling (rescheduling), sales collateral and auction execution. 


2018 ◽  
Vol 6 (2) ◽  
pp. 110
Author(s):  
Padrisan Jamba, Irene Svinarky

Batam City, which is one of the cities whose rules are slightly different from other cities inIndonesia, is about administrative procedures for land ownership registration, but for permits toallocate land, it is still held by the Batam Entrepreneurs Agency, abbreviated as BP Batam. InBatam City, the provision of KSB is actually given to residents due to various things. To get KSBthe community needs to fulfill the procedure first. This is what makes the writer interested intaking the title of Juridical Review of Ready-to-Build Courts in Batam City. The purpose of thispaper is to find out that the Ready-to-Build plot can be owned by land users (general public) inBatam City. The legal research method used in this study is normative legal research. Normativeresearch in it is also permitted to use scientific analysis of other sciences (including empiricalscience) to explain the legal facts examined by scientific work and juridical thinking (dankenjuridical). Retrieval Data used is by using secondary data, where documentation and recordingtechniques are through the file system. The Research Result for Ready-to-Build Plots in BatamCity may be owned by individuals, but the provision of KSB can be given to the community.People who get it while the people who get the plot still have not built a plot even though theprovisions in the temporary agreement agreed upon by the applicant with the BatamEntrepreneurial Agency the applicant must immediately build a building on the land.


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