Issues Of Ownership Research Articles

Maqashid al-Shariah, Social Dialogue, and Tourism Development in Lombok

The study aims to describe the social dialogue in development of the tourism area in South Lombok. This study was strengthened by the concept of maqashid shariaas instrument of analysis to sharpen the theme studied. The Social dialogue was occurring when the local traditions (old values) meet a modernity (new values) and comes into the conflict. Indigenous people, local leader, government, investor are groups which are involved in the conflict. The conflict among groups was solved through social dialogue. Government bridged the interest of each group in dialogue process. 
 In the case of this qualitative research, data were collected by interviews, observation, and documentation. Related references on the Sasak studies and tourism were used to sharpen analysis the collected data. The result of this study found that the social dialogue is carried out due the conflict generated by the development of the tourism area which covers issues of land ownership, distribution of power, economic distribution, and the shifting of traditional values. By the empowerment model approach, the government could communicate, facilitated, and guaranteed the needs and interest of each group in order to continue the development of tourism area.

Video game modding in the U.S. intellectual property law: Controversial issues and gaps

This essay’s purpose is to illustrate a broad understanding of legal issues and gaps in U.S. law regarding video game modifications. Digital entertainment technology develops so quickly that often new technology does not fit precisely into current law and statutes. Two different approaches to video game modification are explored pertinent to companies’ different attitudes toward modification by third parties and end-users. These two approaches include companies that encourage third party modifications, and companies that want to deter against third party modifications. Then, issues and risks of modification are explored through potential breach of contract, copyright infringement, and reverse engineering. The author analyzes the relevant court rulings on the matter of distributing these risks. Besides there are different forms of affirmative defenses such as fair use in the U.S case law which are also discussed in the article. Finally, gaps in the law and ownership issues regarding modifications are shown in the cases involving Blizzard Entertainment Inc. This essay is meant to illuminate the dichotomy of laws and courts protecting the interests of copyright holders, giving them protection and incentive to continue creating, versus anti-monopolistic rules, and providing the ultimate beneficiaries of video games the right to modify them.

Pravne garancije prava svojine

Out of many civil law topics that Mihailo Konstantinović dealt with, the author analyzes the institute of ownership, i.e., the issue of legal guarantees of ownership. Namely, Konstantinović wrote about the notion of the ownership, pointing out that in different times ownership was defined differently and that property owners throughout history did not always have the same scope of authority. In this way, Konstantinović opened the issue of the limitation of ownership and problematized the idea of its inviolability. This paper, inspired by Konstantinović’s lines on the “ownership issue”, analyzes the concept of legal guarantees of ownership. The paper also offers criteria for distinguishing the term ownership limitation from related terms, considering that precise terminology is the basis of the system that forms the backbone of property law. Thus, the key part of property law could be systematized through three units: ownership, limitations, and deprivation of ownership.

The Precariousness of Walloon Peri-Urban Agricultural Lands

Given the increasing need for residential and economic development and also for the improvement of the living environment, for food and energy production, we should reflect on the use of agricultural lands. Even if the citizens and the regional government are rediscovering the multiple services provided by agricultural lands, we observe that the agricultural landscape in Wallonia (the southern part of Belgium) is in a precarious situation, especially at the edge of the cities. At the same time, the Regional Policy Declaration promotes the development of high-quality and close-proximity food belts, the coexistence of human and economic activities with nature, and the end of new land taken by 2050. Our paper focuses on the precariousness of agricultural lands at the edges of cities and presents a twofold research project to conduct a prospective assessment. First, we surveyed 587 Walloons on their perceptions of agricultural lands and their functions. Secondly, we analysed several case studies next to the main Walloon conurbations. Based on satellite images, agricultural parcel data, field observations, and interviews with stakeholders, we identified the services provided by these agricultural lands and the different pressures that they face. This research improves our understanding of the role(s) played by agriculture within, or at the edge of, cities, underlines the thorny issue of land ownership, and points out the diversity of situations encountered. It recommends handling the issue at multiple decision levels and involving stakeholders to develop a common vision, which considers the numerous services delivered by agricultural lands and gives weight to the decision to protect it or not.

The Battle on the Second Amendment. The Issue of Private Ownership of Guns in the United States

The Second Amendment of the American Constitution arguably contains the formulation of the citizen’s right to a private ownership of guns. This amendment, however, has been the protagonist of interpretative battles that have reached the Supreme Court of the United States, and that continue today despite the decision of the Court. The issue of private gun ownership presents itself as a multifaceted interweaving of political, legislative, and social motivations, and is destined to increasingly become one of the factors that highlight the internal fracture of the American society. The essay explores the main elements related to the issue and its socio-political motivations, developments, and consequences.

UNCOVERING PET OWNERSHIP BENEFITS, CHALLENGES, AND RESOURCES: A SURVEY OF PROFESSIONALS WORKING WITH OLDER ADULTS

Abstract The human-animal bond can play a vital role in the lives of older adults, including those living with dementia. This study used the stress process model to identify the benefits, challenges, and resources associated with pet ownership professionals had encountered in their work with older adults (OA), persons living with dementia (PWD), and care partners (i.e., caregivers, CP). An interdisciplinary (e.g., social services, healthcare) sample (N=360, 89.97% female, Mage=53.22, SDage=11.84) completed an on-line survey addressing pet ownership issues encountered in their work. A conventional content analysis was conducted to analyze the open-ended items asking the benefits and challenges they had encountered, as well as whether and if they had seen pets shape the relationships between OA/PWD and CPs. The final open-ended item asked for any other experiences or thoughts they would like to share on the issue of pet ownership in older adulthood. Preliminary analyses indicated the central benefits of pet ownership for OA and PWD was companionship. Common challenges were providing basic pet care (e.g., feeding, managing waste) and the financial aspect of ownership. Results indicated that family/caregiver assistance was necessary to keep a pet in an OA/PWD’s home and pets could be a source of caregiver burden. Pets provided OA a sense of purpose. Caring for the pet and the bond shared with the pet were also important resources for OA. Pets provided a focus of attention and were a source of engagement for PWD. Pets were a resource for the professionals to build rapport with their clients.

Empowering onshore wind energy: A national choice experiment on financial benefits and citizen participation

This paper examines a representative choice experiment for Ireland (n = 1014) to understand the trade-offs citizens are willing to make between the distribution of financial benefits from a nearby wind farm and procedural measures for citizen participation in decision-making. Both participatory processes and outcomes which recognise local impacts are necessary for the acceptance of onshore wind farms. This paper distinguishes between shared community benefit funds, near-neighbour compensation, and citizen investment relative to issues of ownership, modes of engagement and the management of financial benefits during siting, construction, and operation of a wind farm respectively. Citizens willing to accept place greater importance on factors associated with distributive and procedural justice, while proximity and related visual impacts have comparatively more importance for citizens unwilling to accept. Willingness to accept is associated with early, in-person, engagement with a community liaison officer during siting and citizen participation in the governance and distribution of financial benefits during operation. However, citizens who show conditional support for wind farm developments prefer compensation of near-neighbour households, semi-state developers, and town hall engagement meetings. Strong supporters are more influenced by financial benefits for the wider community and local (co-)ownership of wind farms, particularly joint ventures between the developer and community.

Richard Riegert Memorial Lecture: Ownership Issues in the Production of Geothermal Energy

Alberta passed the Geothermal Resources Development Act (GRDA) to encourage the growth of a nascent geothermal industry. However, the GRDA fails to determine the respective rights of mineral owners and surface owners to exploit geothermal resources. It adds significant transaction costs to projects, as it forces proponents to obtain the consent of surface owners and potentially multiple owners of minerals on each affected parcel of land. The author concludes that the GRDA stands on an unreliable foundation and discourages the development of geothermal resources. A declaration of Crown ownership of the geothermal resources or retroactive legislation that precisely defined the parties who own the rights to geothermal resources would be more conducive to developing an industry that can produce energy without significant greenhouse gas emissions.

Occupying Space: Land art and the Red Power Movement, c. 1965-78

Scholars of Land art have long acknowledged the influence of pre-Columbian Indigenous art on earthworks made in the United States during the 1960s and 1970s, identifying this appropriation as an extension of modernism's preoccupation with "primitivism". Less attention has been paid to the temporal and ideological parallels between Land art and the Red Power movement - a historic moment in Indigenous American rights activism that comprised a series of highly publicised protests and land occupations at sites like Alcatraz Island, Wounded Knee, and Mount Rushmore. As this wave of activism intensified and brought issues of land ownership and the legacy of settler colonialism to the forefront of the American public's concerns, a number of non-Native artists began working with land as their primary material. By situating a selection of works by artists Michael Heizer and Dennis Oppenheim within the historical framework of Red Power - including media representations of activists and countercultural appropriations of Indigenous American traditions - another social lens emerges through which to interpret these iconic works of Land art. The issues of displacement, territorial borders, and trespassing that emerge in Heizer's and Oppenheim's works take on new meaning when considered in relation to Red Power activists' interrogation of broken historic treaties and demands for the return of stolen lands.

PATENT PROTECTION FOR AGRICULTURAL TECHNOLOGICAL PRODUCTS AS AN EFFORT FOR THE ADVANCEMENT OF INDONESIAN AGRICULTURE

Patents are an important instrument in protecting innovation activities in the modern economy, especially in agriculture. Its systems foster increased innovation indirectly, by increasing the profit that can potentially be obtained from commercializing new technology. Seeing the development of agricultural technology that is growing rapidly, patent protection for agricultural equipment is very crucial. Therefore, this paper will examine and explain the impact of applying Article 20 of the Indonesian Patent Law, especially regarding the implementation of Patents in agriculture. This research is a type of library research that is juridical normative using the statute approach method. It is expected that this research able to contribute to the field of law, especially those related to Property Rights, especially regarding the study of issues related to the issue of patent ownership in agriculture.

Decoding Authorship: Is There Really no Place for an Algorithmic Author Under Copyright Law?

The third technological revolution is dragging the world, incrementally but surely, into an era where Artificial Intelligent (AI) is taking over cultural production from human beings. Nevertheless, authorship remains largely defined in humanistic terms across Western cultures as a projection of the image of the “romantic author” emanating from the 18th century. Although it is not spelt out in the law, judges do seem to demonstrate remarked reluctance to grant authorship status to AI. The developments in three important areas may enable a reconstruction of the human-centric authorship ideology: a structural pro-corporate prejudice, a low threshold for originality, and the judicial avoidance of aesthetic assessment. Distilled to its essence, AI can be as equally creative as human beings as they follow the same laws of cultural production. In dealing with the resulting ownership issue of AI authorship, an altered “work made for hire” doctrine is proposed as a promising solution design template.

Personal Income Tax in Nigerian Fiscal Federalism: Matters Arising

Fiscal federalism is a by-product of federalism. Federalism is a political concept in which power to govern is shared between national and sub-national Governments creating what is often called a federation. Federalism is a political concept in which the power to govern is shared between Federal, States and Local Governments, creating what is often called a federation. Fiscal federalism is characterized by fiscal relations between central and lower levels of Government. The progression in taxation in Nigeria is from personal income tax to taxation on other sources such as petroleum, companies etc. Personal Income Tax Act identifies taxable persons, chargeable incomes, determines assessable income and tax that income. The Act also determines the residence of the tax payer for the purpose of payment and or collection of personal income tax. This paper contains primary and secondary sourced materials, such as laws, statutes, and other resource materials. This paper revealed the aspect of personal income that raises concerns on the ownership of funds collected by State Governments through the State Boards of Internal Revenue under personal income tax regime. Though it is argued by some school of thought that the rules of agency suggest that an agent acting under a delegated authority cannot be heard contesting the subject matter of agency with the principal. However, due to the combined provisions of sections 80(1), 120(1) and 163 of the Constitution which direct that the personal income tax collected by the State Government be paid into the Consolidated Revenue Fund of the State and used for the benefit of the State lay to rest the issue of ownership of the personal income tax collected by the State Government.

Paradigm Shift: From Ownership Issues to Political Mediatization

The political economy approach that focuses primarily on ownership issues has reached a saturation point and, at the same time, has some limitations. It could not explain the shift that occurred in the democratization process in Indonesia regarding the use of social media in Indonesia. Therefore, this paper offers a political mediatization paradigm in the relationship between media and democracy in the 2019 Presidential Election and the democratic trend in the 1955–2019 elections. This research suggests a map of media usage and the tendency of democracy in Indonesia’s 1955 - 2019 General Election and four quadrants of media and political mediatization with two main axes. The first axis has two poles: the media that promote democracy and the media that undermine democracy, and the second axis with the poles of politicizing media and political mediatization. The first quadrant is media that promotes democracy, and there is the mediatization of politics. The second quadrant is media that promotes democracy, and political media is politicized. The third quadrant is the mediatization of politics and media that undermines democracy. The last quadrant shows the politicization of media and media that undermine democracy.

A Dynamics Coordinated Control System for 4WD-4WS Electric Vehicles

With the aggravation of the energy crisis and environmental problems, the new energy electric vehicle industry has ushered in vigorous development. However, with the continuous increase in car ownership, traffic accidents and other issues have gradually attracted widespread attention. Some existing stability coordination control systems often have problems, such as single stability judgment method and strong coupling between different subsystems. Therefore, based on previous research, it is necessary to further optimize the method of judging the vehicle’s stability state, establish clear coordination rules, and reasonably solve the coupling problem between subsystems. This is of great significance for promoting the further development of the electric vehicle industry. Due to four-wheel-distributed driving and four-wheel-distributed steering electric vehicles having the characteristics of integrated driving, flexible steering, and easy fault-tolerant control, it has unique advantages in improving vehicle stability and is a good carrier for designing and constructing the stability coordination control system. In this paper, four-wheel-distributed driving and four-wheel-distributed steering (4WD-4WS) electric vehicles are taken as the research object, and a coordinated control strategy of four-wheel steering and four-wheel drive is proposed. Firstly, in order to realize the accurate judgment of vehicle stability, based on the vehicle two-degree-of-freedom two-track model and magic tire model, this paper uses the phase plane law to divide the phase plane stability region of the vehicle and introduces the stability quantification index PPS-region for the evaluation of vehicle stability. Secondly, a fuzzy variable parameter active rear-wheel steering controller and a compensated yaw moment controller are designed. Then, for the coupling problem between the two controllers, a coordination rule is proposed based on the stability index PPS-region of the phase plane stability region. Finally, a hardware-in-the-loop testbed is built to verify the feasibility of the coordination control strategy proposed in this paper. Experimental results show that: When the vehicle is in different stable states, according to the divided steady state, the control strategy can be correctly switched to the corresponding control strategy, and the work of each subsystem can be reasonably coordinated. Under the continuous gain sine condition, the control algorithm can reduce the maximum amplitude of the yaw rate error response curve by 73% and the side slip angle error response curve by 85%. Compared with a single stability control system, the coordinated stability control algorithm can improve the control effect of yaw rate and side slip angle by 20% and 62.5%. In the case of double lane-change, the control algorithm can reduce the maximum amplitude of the yaw rate error response curve by 68.5% and the side slip angle error response curve by 57.4%. Compared with a single stability control system, the coordinated stability control algorithm can improve the control effect of yaw rate and side slip angle by 40.6% and 44.7%.

Rebel oil regimes and economic governance: the case of the Houthis in Yemen

ABSTRACT Most studies on oil and rebellion focus on the physical competition to control sites of resource production such as fields, refineries and export terminals. Issues of ownership are tertiary, even derisory. This paper takes issues of ownership seriously, detailing how rebel groups make legal claims to ownership of state-controlled oil assets. Rebel oil regimes are embedded in broader forms of rebel economic governance and diplomacy. Rebels can assert legal rights to resources even when they lack physical access to it. Using the case of the Houthis (Ansar Allah) in northern Yemen, the paper shows how rebel oil regimes help solidify elite bargains and relationships with outside patrons in ways that affect the course of conflict and conflict resolution. Considering legality alongside physical possession of resources better explains how rebel governance operates in the economic sphere.

Chinese SOEs and the Completion of Cross-border M&As: The Moderating Role of M&A Experience

Purpose – The purpose of this study is to investigate the relationships among Chinese state-owned enterprises (SOEs), previous M&A experience, and the probability of deal completion in cross-border mergers and acquisitions (CBMAs). Since Chinese SOEs tend to be recognized by host countries as agents of their home country government, this study argues that SOEs will face difficulties in completing CBMA deals. However, the study expects that these difficulties may vary depending on whether the firm has previous M&A experience because firms can gain the knowledge and capabilities necessary to implement subsequent M&As successfully from past M&A experience. Design/methodology – To investigate our argument, we conduct a logistic regression using a sample of 363 CBMA deals from 304 Chinese publicly listed firms during 2007 to 2017. We used SOEs as an independent variable, experience of domestic and foreign M&As as moderating variables, respectively, and CBMA deal completion as the dependent variable. Findings – The study shows a negative and significant relationship between Chinese SOEs and the completion likelihood of CBMA deals. We find that this negative relationship is strengthened when the firm had prior domestic M&A experience, whereas foreign M&A experience alleviated the negative relationship. Originality/value – The issue of government ownership has remained unclear since government intervention has both advantages and disadvantages in pursuing CBMAs. Our findings support literature that argues Chinese SOEs face legitimacy concerns in the host countries, thereby lowering their CBMA deal completion likelihood. Furthermore, the study enriches the literature by identifying different moderating effects of domestic and foreign M&A experience on the negative relationship between SOEs and CBMA deal completion.

Millennium Generation Home Ownership Challenges in Klang Valley, Malaysia

The Millennium Generation is a cohort of generations classified as a group between the ages of 23 to 38 years in 2019, it can be a reference point to describe the characteristics and demographics of this generation. In this new era of 2020, the Millennium generation has faced great challenges in the issue of home ownership, to understand this issue this research will identify the factors that influence home ownership and its challenges for the Millennium generation in home ownership in the Klang Valley. The methodology of this study is conducted quantitatively through a questionnaire study conducted to 500 respondents and a total of 467 respondents who have provided feedback that is 94.3%. As a result of the analysis, factors that influence ownership and challenges are identified. The Statistical Package for Social Sciences (SPSS) version 22.0 was used to analyse the data. The level of respondents’ agreement with the factor instrument was determined using mean values. Age, marital status, educational level, employer status, duration of employment, number of households, household income factors, and expenditure are factors that influence home ownership, based on the findings of the research. High cost of living, high house prices and lack of affordable housing supply, high instalment payments, high loan interest rates, no savings, high existing commitments, not eligible to buy a low-cost scheme house, employment is still unstable, and desire to buy a house after marriage are among the challenges that this Millennium generation face. The findings of this study are crucial in understanding why this problem occurs and how to address the problem of incapacity to purchase a home for this Millennium generation.

Avoiding or engaging problems? Issue ownership, problem indicators, and party issue competition

ABSTRACT Issue competition theories posit that political parties have little incentive to emphasize the same issues, because they mostly benefit from emphasizing issues where they are viewed as more competent. In contrast, a number of empirical studies find considerable overlap in parties’ issues emphasis. Aiming to bridge this peculiar gap, this paper suggests that the development of exogenous problems is one factor that constrains parties’ incentives to talk past each other. Using comprehensive data on party attention to ten issues across six West European countries from approximately 1980 and onwards, the analysis shows that problems moderate the relationship between parties’ issue reputations and their issue emphases. When problems are moderate, parties selectively focus on different issues, but when problems become severe, parties across the board attend to an issue. That even includes parties that do not own the issue. These results have reassuring implications for parties’ responsiveness to societal problems that negatively affect the welfare of citizens.

A Study of Permissioned Blockchain-Based Framework for Land Ownership Tracking in Indonesia

The rapid development of the economy in Indonesia has made land an important asset. The land registry system in Indonesia or known as Pendaftaran Tanah Sistematik Lengkap (PTSL) is enforced by the government to govern land property ownership management. However, the current land registry uses a conventional information system which lacks the ability to track data changes and verify their integrity, especially in land ownership documents. Introduction of unintended or fraudulent changes to the data may be made to look natural. This could be identified from the possibility of unauthorized users tampering and modifying the data in the land ownership document. Usually, they modify the data in land ownership documents mainly for their own personal gains or some might even attempt to monopolize the land transactions market or conduct illegal acts such as corruption. This prolonged issue could further lead to land disputes and uncertainty in land ownership issues. Therefore, this paper aims to propose a proof-of-authority permissioned blockchain concept to digitize and track land ownership registration. By utilizing blockchain technology, all of the records will be validated and stored securely in the blockchain network. In addition, permissioned access is added to only allow authorized users able to access the system; thus only specific users are able to perform actions on the system and are required to identify themselves. Through this proposed solution, the integrity of changes in land ownership documents can be achieved and validated.

Empowering Heritage Entrepreneurs: An Experience in Strategic Marketing

This article describes an Indian experience in building rural, community-based enterprises that respond to heritage marketing challenges and opportunities in a huge creative economy. In an era often dominated by market-driven approaches, the NGO ‘banglanatak dot com’ has innovated its art for life (AFL) approach, offering a robust model for empowering rural communities through entrepreneurship and community-led micro-enterprises. Sensitive to issues of cultural integrity and ownership, the AFL model includes a strong rights-based commitment along with continuous innovation, branding and the use of marketing tools. These include building digital capacities, use of social media and partnership with the tourism industry. The banglanatak experience responds to the fast-changing consumer trends of a globalized and digital world, thus often characterized by a lack of connect between traditional artists and evolving markets, inadequate market awareness on the intrinsic and outstanding value of a particular craft or art form, lack of cultural sensitivity among stakeholders working with traditional artists and frequent violation of the creative rights of makers. This article shares learning from interventions in West Bengal, in eastern India, which aim at empowering tradition bearers as key protagonists of heritage businesses. Their experience, severely tested through the global pandemic, offers hope and direction.