scholarly journals STRICT LIABILITY: A SOLUTION TO HOLD PEATLAND DESTROYERS ACCOUNTABLE

2020 ◽  
Vol 21 (2) ◽  
pp. 147-155
Author(s):  
Bayu Novendra ◽  
Kania Jennifer Wiryadi
Keyword(s):  
United States ◽  
Law Enforcement ◽  
Forest Fire ◽  
Teaching And Learning ◽  
Respiratory Health ◽  
Strict Liability ◽  
The United States ◽  
Deterrent Effect ◽  
The World Bank ◽  
The Government

In 2019, burned forests and peatlands reached 328 thousand hectares. The World Bank estimates that total loss from this event reached 5.2 billion USD. At least, until September 2019, there were 900,000 residents who experienced respiratory health problems and hundreds of schools in Indonesia, Malaysia and Singapore had to stop teaching and learning activities due to the haze. One of the factors that ‘fertilizes’ problems for destruction of forests and peatlands that continue to grow is difficulty to account the perpetrator. This paper will attempt to answer and solve these problems with the concept of strict liability. This research will answer two problems, how can the concept of strict liability solve the issues for peatland law enforcement? And how does the application of strict liability rules compare with Netherlands and United States? The government has pursued a moratorium policy. Starting from Presidential Instruction (Inpres) No. 10 year 2011 and extended by Inpres No. 6 year 2013 also Inpres No. 8 year 2015. However, this policy is considered unsatisfactory because there are still forestry and plantation permits issued by the government and massive forest and land burning. Therefore, there needs a solution from a repressive approach to provide a deterrent effect on forest fire perpetrators. Strict liability concept means that the defendant will still be responsible even though his activities were lawful and carried out carefully. Furthermore, strict liability is an accountability that not only eliminates elements of subjective error, but also objectively. Some countries have practiced strict liability, namely the Netherlands and the United States.   Keywords: Forest Fire, Law Enforcement, Moratorium, Peatland, Strict Liability

Contemporary Practice of the United States Relating to International Law

1997 ◽  
Vol 91 (3) ◽  
pp. 493-517
Author(s):  
Marian Nash (Leich)
Keyword(s):  
United States ◽  
Hong Kong ◽  
Law Enforcement ◽  
International Law ◽  
The United States ◽  
People’S Republic Of China ◽  
People's Republic Of China ◽  
Republic Of China ◽  
The Government ◽  
Contemporary Practice

On March 3,1997, President William J. Clinton transmitted to the Senate for its advice and consent to ratification as a treaty the Agreement Between the Government of the United States of America and the Government of Hong Kong for the Surrender of Fugitive Offenders, signed at Hong Kong on December 20,1996. In his letter of transmittal, President Clinton pointed out that, upon its entry into force, the Agreement would “enhance cooperation between the law enforcement communities of the United States and Hong Kong, and … provide a framework and basic protections for extraditions after the reversion of Hong Kong to the sovereignty of the People’s Republic of China on July 1, 1997.” The President continued: Given the absence of an extradition treaty with the People’s Republic of China, this Treaty would provide the means to continue an extradition relationship with Hong Kong after reversion and avoid a gap in law enforcement. It will thereby make a significant contribution to international law enforcement efforts.The provisions of this Agreement follow generally the form and content of extradition treaties recently concluded by the United States. In addition, the Agreement contains several provisions specially designed in light of the particular status of Hong Kong. The Agreement’s basic protections for fugitives are also made expressly applicable to fugitives surrendered by the two parties before the new treaty enters into force.

Detecting Healthcare Fraud and Abuse in the United States

2017 ◽  
Author(s):  
Paul Jesilow ◽  
Bryan Burton
Keyword(s):  
United States ◽  
Law Enforcement ◽  
White Collar Crime ◽  
The United States ◽  
Insurance Companies ◽  
Corporate Behavior ◽  
Illegal Activities ◽  
The Government ◽  
Almost All ◽  
The U.S

Healthcare fraud involves wide-ranging illegal behaviors. It includes such activities as individual physicians who bill insurance companies or the government for services that were never provided, as well as corporate behavior, such as pharmaceutical companies that falsify clinical tests in order to get unsafe drugs approved for use. Thousands die each year in the United States due to these behaviors, including deaths from incorrectly prescribed medications or from tainted drugs that were approved by the U.S. Food and Drug Administration based upon fraudulent testing and reporting. Thousands of additional patients likely are injured and killed by unnecessary surgeries performed by physicians who want to maximize their reimbursements. The illegal activities also add billions of dollars each year to the total healthcare cost in the U.S. Despite these costs, there is relatively little outrage as a result of the behaviors, largely because they remain hidden from public view. Healthcare fraud, as with almost all white-collar crime, is rarely detected and that prevents the frauds from becoming known to victims, law enforcement, and policy makers, which in turn prevents analysts from compiling a complete picture of the behaviors and prevents policymakers and law enforcement from developing efficient enforcement strategies. Moreover, the lack of detection assures perpetrators that they will get away with their crimes and limits the potential preventative effects of punishment. Lack of detection and reporting has been a particularly strong problem for those trying to control healthcare fraud and abuse in the United States and elsewhere. The enforcement mechanisms that have evolved have been strongly influenced by the difficulties of detecting the illegal behaviors.

Stop-and-Frisk Policing

Criminology ◽  
2021 ◽  
Keyword(s):  
United States ◽  
New York ◽  
Law Enforcement ◽  
Criminal Activity ◽  
Law Enforcement Officers ◽  
The United States ◽  
Class Action ◽  
Deterrent Effect ◽  
Stop And Frisk ◽  
Reasonable Suspicion

Stop and frisk is a proactive policing strategy that is widely used by police departments across the globe. In the United States, the origins of stop and frisk are rooted in the English practice of allowing night watchmen to stop and question individuals who were deemed suspicious. This ability to stop and question suspicious individuals serves two primary purposes. First, it gives law enforcement officers the ability to identify individuals who are looking to engage in criminal activity, stop those individuals, and prevent them from committing a criminal offense. Second, it may have a deterrent effect if potential offenders refrain from criminal offending because they do not want to risk being stopped. By the early 20th century, the implementation of stop and frisk in the United States varied by state. The Uniform Arrest Act, proposed in 1942, sought to standardize the practice. While several states adopted the Uniform Crime Act, which stipulated the circumstances under which a stop and frisk could occur, most states failed to do so. The practice of stop and frisk also faced constitutional challenges, with plaintiffs alleging violations of the Fourth Amendment’s prohibitions against unreasonable searches and seizures. In 1968, the US Supreme Court affirmed the constitutionality of stop and frisk. When law enforcement officers can establish reasonable suspicion, they can stop and question an individual. If there is reasonable suspicion to believe that a stopped individual possesses a weapon or poses a threat, law enforcement officers can also conduct a frisk. Stop and frisk has faced significant criticism and has been the subject of several class-action lawsuits, particularly in New York City. First, there is significant concern that nonwhite pedestrians are more likely than white pedestrians to be stopped, frisked, and subjected to the use of force. Next, stop and frisk may reduce perceptions of legitimacy and trust in law enforcement. The practice may also have adverse health consequences for those who are subjected to it or are in fear of being subjected to it. Finally, it is unclear whether stop and frisk prevents crime. It is also important to note that stop and frisk faces these same criticisms in other nations. The literature cited in this article summarizes key pieces on stop and frisk.

Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the United States of America on Access to Electronic Data for the Purpose of Countering Serious Crime

2021 ◽  
pp. 1-12
Author(s):  
Kenneth Propp
Keyword(s):  
United States ◽  
United Kingdom ◽  
Law Enforcement ◽  
Service Providers ◽  
The United States ◽  
International Agreement ◽  
Electronic Communications ◽  
The United Kingdom ◽  
The Government ◽  
Criminal Matters

On October 3, 2019, the United States and the United Kingdom signed an innovative international agreement on international assistance in criminal matters. The agreement, which has not yet entered into force, will enable law enforcement authorities in either country to request and obtain electronic communications content data directly from service providers located in the other country. It is intended to obviate the need, with respect to e-evidence, for resort to the slower and more cumbersome mutual legal assistance treaty (MLAT) in force between the two countries.

Verán ustedes las chozas más humildes. El discurso de pobreza en la diplomacia pública cardenista dirigida a Estados Unidos

2019 ◽  
Vol 35 (2) ◽  
pp. 255-281
Author(s):  
Sylvia Dümmer Scheel
Keyword(s):  
United States ◽  
New Deal ◽  
Public Diplomacy ◽  
The United States ◽  
The Public ◽  
The Poor ◽  
The Face ◽  
The Government ◽  
Lazaro Cardenas ◽  
The New Deal

El artículo analiza la diplomacia pública del gobierno de Lázaro Cárdenas centrándose en su opción por publicitar la pobreza nacional en el extranjero, especialmente en Estados Unidos. Se plantea que se trató de una estrategia inédita, que accedió a poner en riesgo el “prestigio nacional” con el fin de justificar ante la opinión pública estadounidense la necesidad de implementar las reformas contenidas en el Plan Sexenal. Aprovechando la inusual empatía hacia los pobres en tiempos del New Deal, se construyó una imagen específica de pobreza que fuera higiénica y redimible. Ésta, sin embargo, no generó consenso entre los mexicanos. This article analyzes the public diplomacy of the government of Lázaro Cárdenas, focusing on the administration’s decision to publicize the nation’s poverty internationally, especially in the United States. This study suggests that this was an unprecedented strategy, putting “national prestige” at risk in order to explain the importance of implementing the reforms contained in the Six Year Plan, in the face of public opinion in the United States. Taking advantage of the increased empathy felt towards the poor during the New Deal, a specific image of hygienic and redeemable poverty was constructed. However, this strategy did not generate agreement among Mexicans.

Comparison and analysis of the fda approved orphane drugs registerand the vital and essential drugs list of the Russian Federation

2020 ◽  
pp. 4-16
Author(s):  
D.S. Yurochkin ◽  
◽  
A.A. Leshkevich ◽  
Z.M. Golant ◽  
I.A. NarkevichSaint ◽  
...  
Keyword(s):  
United States ◽  
Russian Federation ◽  
Rare Diseases ◽  
Orphan Drugs ◽  
The United States ◽  
Orphan Diseases ◽  
Essential Drugs ◽  
The Russian Federation ◽  
Comparison And Analysis ◽  
The Government

The article presents the results of a comparison of the Orphan Drugs Register approved for use in the United States and the 2020 Vital and Essential Drugs List approved on October 12, 2019 by Order of the Government of the Russian Federation No. 2406-r. The comparison identified 305 international non-proprietary names relating to the main and/or auxiliary therapy for rare diseases. The analysis of the market of drugs included in the Vital and Essential Drugs List, which can be used to treat rare (orphan) diseases in Russia was conducted.

Practical Approaches to Higher Education

2018 ◽  
Author(s):  
Jane Kotzmann
Keyword(s):  
Higher Education ◽  
United States ◽  
Human Rights ◽  
Teaching And Learning ◽  
Real Life ◽  
Theoretical Models ◽  
The United States ◽  
Education Systems ◽  
Higher Education Systems ◽  
Human Rights Based Approach

This chapter explores the real-life operation of six higher education systems that align with the theoretical models identified in Chapter 2. Three states follow a largely market-based approach: Chile, England, and the United States. Three states follow a largely human rights-based approach: Finland, Iceland, and Sweden. The chapter describes each system in terms of how it aligns with the particular model before evaluating the system in relation to the signs and measures of successful higher education systems identified in Chapter 3. This chapter provides conclusions as to the relative likelihood of each approach facilitating the achievement of higher education teaching and learning purposes.

Lawyers as Activists

2018 ◽  
Author(s):  
Michael C. Dorf ◽  
Michael S. Chu
Keyword(s):  
United States ◽  
Social Media ◽  
Social Change ◽  
Civil Rights ◽  
Rule Of Law ◽  
The United States ◽  
The Rule Of Law ◽  
Court Action ◽  
The Government ◽  
Trump Administration

Lawyers played a key role in challenging the Trump administration’s Travel Ban on entry into the United States of nationals from various majority-Muslim nations. Responding to calls from nongovernmental organizations (NGOs), which were amplified by social media, lawyers responded to the Travel Ban’s chaotic rollout by providing assistance to foreign travelers at airports. Their efforts led to initial court victories, which in turn led the government to soften the Ban somewhat in two superseding executive actions. The lawyers’ work also contributed to the broader resistance to the Trump administration by dramatizing its bigotry, callousness, cruelty, and lawlessness. The efficacy of the lawyers’ resistance to the Travel Ban shows that, contrary to strong claims about the limits of court action, litigation can promote social change. General lessons about lawyer activism in ordinary times are difficult to draw, however, because of the extraordinary threat Trump poses to civil rights and the rule of law.

Assessment and Critical Pedagogy

2019 ◽  
pp. 306-324
Author(s):  
Frank Abrahams
Keyword(s):  
United States ◽  
Critical Theory ◽  
Critical Pedagogy ◽  
Teaching And Learning ◽  
Teacher Performance ◽  
Learning Experience ◽  
The United States ◽  
Summative Assessments ◽  
The World ◽  
Integrative Assessment

This chapter aligns the tenets of critical pedagogy with current practices of assessment in the United States. The author posits that critical pedagogy is an appropriate lens through which to view assessment, and argues against the hegemonic practices that support marginalization of students. Grounded in critical theory and based on Marxist ideals, the content supports the notion of teaching and learning as a partnership where the desire to empower and transform the learner, and open possibilities for the learner to view the world and themselves in that world, are primary goals. Political mandates to evaluate teacher performance and student learning are presented and discussed. In addition to the formative and summative assessments that teachers routinely do to students, the author suggests integrative assessment, where students with the teacher reflect together on the learning experience and its outcomes. The chapter includes specific examples from the author’s own teaching that operationalize the ideas presented.

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