Legal Member Research Articles

From Islamic to Christian Donation: Gifts to the Church after the Conquest of Granada

This article examines how the Castilian conquest of Granada and the conversion of its inhabitants to Christianity affected the Catholic Church; specifically, it analyses the role played by parish churches as recipients and administrators of religious donations, first from Muslims and later from converts. This study shows that the Church was not the only beneficiary of the donations it received, since these gifts were part of a strategy on the part of converts to be accepted as legal members of Castilian society and on the part of the Crown in its campaign for the unity of the kingdom.

Member Tampering Attack on Burmester-Desmedt Group Key Exchange Protocol and Its Countermeasure

With the rapid development of cloud computing and mobile networks, more and more application scenarios require a secret group key for secure communication. Group Key Exchange (GKE) protocol provides a secret group key for three or more members. Burmester and Desmedt presented an influential GKE protocol, which has a broadcast version and a cyclic version. In this paper, we investigate the security weaknesses of the Burmester-Desmedt protocol. We report that both the broadcast version and the cyclic version of the Burmester-Desmedt protocol suffer member tampering attacks if the two members that belong to both group A and group B are corrupted. That is, two corrupted members can add some unknowing members of group A to group B and trick the legal members of group B to believe that these unknowing members share the secret group key with them after a protocol run. Furthermore, to defeat the member tampering attack, we propose digital signature-based improvements on the broadcast version and the cyclic version of the Burmester-Desmedt protocol. We hope our research results will encourage the development of more robust and effective GKE protocols that stand rigorous security analysis.

Enduring Familial Relationships and Identity Preservation Make Simple Adoption the Preferred Permanency Option for Children in Out-of-Home Care

ABSTRACT Large numbers of children in Australia are in long-term out-of-home care (OOHC). Legal frameworks available for their care are long-term foster care, guardianship, and plenary adoption. Views of individuals with OOHC or adoption experience on these legal frameworks were explored via an online survey. A legal framework called simple adoption, which makes children legal members of adoptive families without legally excising them from birth families, was also considered. The respondents (N = 1019) evaluated aspects of these frameworks as strengths or weaknesses from which scores were calculated. Overall, simple adoption had the highest strength score, followed by plenary adoption, guardianship, and long-term foster care. The highest weakness score was for long-term foster care, followed by guardianship, plenary adoption, and simple adoption. That simple adoption enabled enduring familial relationships between children and their adoptive families while retaining legal identity and legal connection with birth families contributed to its favourable evaluation. IMPLICATIONS The legal severance of children from birth families and the supplanting of legal identity that occurs in plenary adoption makes this form of adoption unacceptable to many. Simple adoption, allowing for children to be full legal members of both their adoptive and birth families and preserving legal identity, makes it attractive to individuals with a variety of experience backgrounds. An exploration of legislative reform to allow for simple adoption in Australia should be undertaken.

Analysis Of States’ Comments On International Law Commission’s Reports On Jus Cogens In Sixth Committee Of United Nations General Assembly

At its second session, in 1947, The International Law Commission was established by the General Assembly with a view to give effect to Article 13, paragraph 1(a), of the charter of the United Nations to “initiate studies and make recommendations for the purpose of encouraging the progressive development of International law and its codification. Since its inception the International Law Commission has pursued very focused research work and has presented many draft treaties on various topics of international law, which in the most cases have subsequently bec0me skeleton of many treaties passed by United Nations General Assembly. At any given point of time the International Law Commission is always working on some forthcoming proposed international conventions. As a matter of procedure the commission every year send a report of its’s work to the United nations General Assembly. These yearly reports of the commission are discussed in the legal committee of the General Assembly, which is famously known as Sixth Committee (Legal) of the United Nations General Assembly. In sixth committee meetings legal members of all States issue their statements expressing their country’s opinions on the Commission’s work on its various ongoing projects to formulate drafts for the proposed international treaties which would come in future. States generally express their view points on all such projects. A careful analysis of these Statements issued by the States’ in the Sixth Committee, can provide an insight in the inclination of the States toward such forthcoming treaties. The vocabulary which these legal diplomats use to express their country’s opinion can provide idea whether a country is positive and receptive for any particular international treaty or the country has antagonistic view point about a draft treaty. These Statements are very good for the purpose of research on international law. These provide a clear idea that what aspects related to an international law problem are weighing with which kind of countries. A careful analysis can show that how priorities of the country’s are different and sometime clashing on the basis their economic and military might, their historical experiences and geographical set-ups. In the present report nearly 200 students of UPES Law School (B.BA.LL.B. Corporate Law_ 2017 Batch (B1&B2) and B.Com.LL.B. Taxation Law_ 2017 Batch (B1&B2)) have analysed statements issued by the States in Sixth Committee in its four annual sessions (71st session to 74th session) where the annual reports of International Law Commission’s works related to four annual sessions of the commission were discussed. The students have focussed only on States’ comments on the commission’s work on proposed international convention on the Jus Cogens (Pre-emptory Norms of International law).

SOME SPECIFIC FEATURES OF STEREOTYPIZATION OF NEGATIVE ASPECTS OF THE AUTHORITIES'

The purpose of the research. The research is aimed at identifying specific features of the process through which stereotypes influencing the image of the authority as perceived by the society, in particular, by the legal community, are formed and manifest themselves. The Mass Media play an essential role in fixing and multiplying the stereotypes that people have about state bodies and key directions of their activity. The authors have undertaken to specify and illustrate unintentional negativization of the authority's image deriving from neutral informative publications in the Mass Media as a result of frequent use of words naming negative and undesirable aspects of the state bodies and structures' activity. The research that has been based on Mass Media publications has focused mainly on verbal representation of the already formed stereotypes and relied heavily on the results of the association experiment with the involvement of legal community members. According to the authors, identifying patterns of how negative stereotypes of the authority at large and its specific bodies and structures are formed may lay the foundation for further solutions aimed at neutralizing the Mass Media's negative effect. Conclusions. The results of the research lead to the conclusion that in some cases ordinary consciousness reflects unintentional negativization of the authority's image as a result of frequent use of words verbalizing negative and undesirable aspects of the state bodies and structures' activity. It is deemed rational to further develop strategies meant to minimize and neutralize the Mass Media's damaging effect taking into account the results of the research. It is regarded desirable to work out recommendations for higher education syllabus that would help counterbalance possible negative influence through strengthening students' trust to the authority. The methodology and method of the research. The commonly accepted dialectical method of studying societal processes and social and legal phenomena as well as their interconnection and interdependence has been used as the methodological basis for the research aimed at determining the ways through which stereotypes that influence the image of the authority come into existence. Alongside the dialectical method, the following private scientific methods have been applied: the formal logical method helping to study the notion, essence and significance of the negative stereotypes; association experiment based on a social research and carried out in the form of an interview that has helped to reveal reactions to the stimulus word; content analysis of the Mass Media materials.

CITIZENSHIP AND CITIZENSHIP EDUCATION: A DETERMINANT OF GOOD GOVERNANCE

Citizenship is the status of being a legal member of a state, having been recognized by the law and custom of such state, whereby citizens owe allegiance to the state (coun-try) and in turn been protected by the state. Nevertheless, for citizens to owe allegiance to their states implies that such citizens is patriotic and also ready to take up their constitutional rolls or duties to the betterment of the state, and in return enjoys the fundamental human rights, citizen’s liberty and protection from their states (country). However, for citizens to know their rights, duties and obligations, and for them to be able to participate actively in their countries political decision making (supporting and criticizing government policies) that will leads to a robust public and foreign policy of their country, then, such citizens need to be politically educated through citizenship education, because Citizenship education breeds active democratic citizen-ry. This article titled citizenship and citizenship education: A determinant of good governance examined the importance of citizenship education and how it can breed active democratic citizenry that can enhance good governance in the state. This article employs the interview as a tool for data collection, and also applied the secondary source of Data collections by retrieving valuable information’s from ready-made works of scholars to buttress the argument of this work. The paper finds out that there is a positive correlation between citizenship education and active democratic citizen-ry. This article finally recommends that extensive citizenship education will serve as a veritable tool for good governance and National development. However, the paper recommends that citizenship education is a must and a child of necessity, a policy to be adopted by all government.

A Computationally Efficient and Scalable Key Management Scheme for Access Control of Media Delivery in Digital Pay-TV Systems

In today’s Internet era, group communications in multimedia applications are becoming more and more popular. The issues of controlling illegal access to multimedia contents require efficient and secure mechanisms for distribution of common key called scrambling key or group key. In order to provide secure delivery of multimedia contents in digital pay-TV systems, a large number of keying information messages are exchanged for group key/scrambling key updates in the traditional key distribution schemes. In this paper we propose a Chinese Remainder Theorem (CRT) based key distribution protocol which is highly secure and computationally efficient. The proposed protocol, 1) has drastically reduced the computational complexity of Group Manager (GM) and members for updating the keys, 2) has greatly increased the security by using an additional secret parameter at Group Manager and members areas, 3) can efficiently handle large and dynamically updating groups and, 4) can update the group key in one message, without updating member’s key. With our proposed key distribution scheme, only legal members can access the multimedia contents correctly and the illegal access can be prevented. The proposed scheme is applicable in Conditional Access System (CAS) of digital pay-TV systems without increasing storage and communication overheads on GM and members. The comparative analysis of our proposed scheme with existing schemes in terms of computational cost assures the effectiveness of our scheme. As a proof of concept, we implement our scheme to a decentralized architecture-based key management system and demonstrate that the proposed scheme significantly reduces the computational complexity.

Decisions to let a sick child die

John Finch, a legal member of the Mental Health Act Commission for England and Wales from its creation by statute in 1983 until 1991, takes a look at the heartbreaking decisions in those cases where it is decided that it is best to let a sick child die.

Patients who are incapable of making decisions

In the August/September 2019 issue of BJNN, John Finch, a legal member of the Mental Health Act Commission for England and Wales from its creation by statute in 1983 until 1991, examined the legal basics affecting people who are incapacitated with the consequence that they are incapable of making decisions about the treatment and care offered, or available, to them. The over-used term ‘best interests’ figured prominently. He expresses reservations about the term, which can have a shifting meaning in a variety of widely differing circumstances, so much so that it sometimes has no useful meaning at all. The article begins with a degree of pessimism but concludes with a more optimistic view of future practice.

Assessing mental capacity and making decisions

John Finch, a legal member of the Mental Health Act Commission for England and Wales from its creation by statute in 1983 until 1991, takes a fresh look at the uncomfortable history of the Mental Capacity Act 2005 and asks whether the Act has served any useful purpose.

Залог прав участников юридического лица: особенности осуществления корпоративных прав залогодержателем

Залог прав участников юридического лица: особенности осуществления корпоративных прав залогодержателем

Territorial Contenders in World Politics

Territorial contenders are political entities that control territory but differ from sovereign states in that they lack diplomatic recognition as legal members of the international system. One consequence of this difference is that international relations data sets have historically excluded information about them. And yet, as evidenced by the Islamic State’s impact on politics in the Middle East and beyond, territorial contenders are important actors in the international system. In this article, we introduce a new data set of territorial contenders, compare territorial contenders to other categories of territorial nonstate actors, explore how the presence of territorial contenders affects the probabilities of civil war and state failure, illustrate the conditions under which territorial contenders are more likely to emerge, and discuss a series of studies now possible given the existence of this new data set.

Asynchronous Group Authentication Based on Geometric Approach

Individual authentication in air warfare is used to check whether a single participant is a legal member of the predefined group but not determine all participants at one time. An asynchronous (m, t, n) group authentication protocol is proposed based on multidimensional sphere reconstruction theorem of space analytic geometry without making any computational assumption, where m is the number of participants, t is threshold value, and n is the number of members. The proposed protocol can determine whether all participants belong to the predefined group at one time, which is applicable to batch verification prior to individual authentication. The center’s coordinate of (t-1)-dimensional sphere is treated as the shared secret and the coordinate of the point on the surface of the sphere, multiplied by a random blind factor, is issued to all members as their tokens. If m participants can reconstruct the shared secret by utilizing their tokens, indicate that there is not any invalid participant, otherwise perform individual authentication. Analyses show the proposed scheme can not only rule out the illegal outsider but also resist up to t-1 group member conspiring to forge a valid token for an outsider. In addition, compared with other schemes the proposed scheme is more applicable for air warfare network, with light-weight computation, flexible distribution, and high information rate.

Залог прав участников юридических лиц: проблемы и противоречия

Залог прав участников юридических лиц: проблемы и противоречия

Group Signature Member Deletion Scheme Based on Discrete Logarithm and Factorization

It has been proven to be unsafe to make the deleted member fail to pass the group signature and make the legal member implement the scheme of valid signature through updating operator scheme. Then the secret property key updating of legal member cannot be accomplished by each legal member. In this paper, a new secret property key updating operator is designed, whose work of updating the group member secret property key is done by group administrator. Its security is based on the discrete logarithm and factorization difficulty, which is resistant to collusion attacks.

METODĄ WYCHOWAWCZĄ SPRZYJAJĄCĄ WŁAŚCIWEJ SOCJALIZACJI

In the article much attention is paid to issues of appropriate education. Appropriate upbringing means the proper human socialization. Some factors may interfere the upbringing process. These factors can cause adverse changes in human behavior. Improper behavior affects the relationships with family and community. Investigated the most common caretaker in parenting is the biological parent of the child in question, although others may be an older sibling, a grand-parent, a legal guardian, aunt, uncle or other family member, or a family friend. Governments and society may have a role in child-rearing as well. In many cases, orphaned or abandoned children receive parental care from non-parent blood relations. Others may beadopted, raised in foster care, or placed in an orphanage. Parenting skills vary, and a parent with good parenting skills may be referred to as a good parent. Focused on the fact socialization of the child is done by the parents and all who are in contact with the child. Socialization is carried out by various methods of upbringing as observation, imitation, punishments and rewards, and more. A child who observes the people important to him – imitates their habits. Respect for the rights of the child and the assignment of responsibilities – is necessary. This is essential because it introduces the child to the world of precepts, prohibitions, privileges and rights. The article clarified – parenting takes a lot of skill and patience and is constant work and growth. Research shows that children benefit most when their parents: communicate honestly about events or discussions that have happened, and when parents explain clearly to children what happened and how they were involved if they were; stay consistent, as children need structure: parents who have regular routines benefits children incredibly; utilize resources available to them, reaching out into the community; take more interest in their child’s educational needs and early development; and keep open communication and staying educated on what their child is learning and doing and how it is affecting them. Parenting skills are often assumed to be self-evident or naturally present in parents. The conclusion about violations of children’s rights and the lack of responsibility of the child – may distort his morale and social attitudes. This implies a great need to educate parents in this regard.

Discourse exponents of standing orders on board ship

Deck officers must be very familiar with the content of the Standing Orders. This peculiar genre, which is usually written on one page of text and with a distinguishable graphical layout, combines administrative and legal discourse. The subtle interrelation between linguistic features on different levels of the analysis implies the ship’s hierarchy and organization which is a precondition for the safety of the ship. Analysis in this paper relies on discourse and genre knowledge and represents a continuation of the author’s research on maritime written genres in terms of both their structure an interpretation of language facts. Structure analysis in the paper is based on Bhatia’s (1993) model. After the moves of Standing Orders were established, the analysis focused on discursive characteristics of each move. As Standing Orders as genre for the most part belong to legal discourse (apart from commercial and merchant discourse), the analysis tends to show correlation between discourse exponents of this legal genre and crew members’ position and duties on board ship. Findings of this paper can be pedagogically useful in terms of providing a teaching model that will aid Maritime English teachers to convey knowledge of this genre to students, especially future deck officers and ship masters.

Kryzys w rodzinie Czynnikie m wywołującym Problemy wychowawcze z dziećmi

In the article much attention is paid to issues of appropriate education. Appropriate upbringing means the proper human socialization. Some factors may interfere the upbringing process. These factors can cause adverse changes in human behavior. Improper behavior affects the relationships with family and community. Investigatedthe most common caretaker in parenting is the biological parent of the child in question, although oth- ers may be an older sibling, a grandparent, a legal guardian, aunt, uncle or other family member, or a family friend. Governments and society may have a role in child-rearing as well. In many cases, orphaned or abandoned children receive parental care from non-parent blood relations. Others may beadopted, raised in foster care, or placed in an or- phanage. Parenting skills vary, and a parent with good parenting skills may be referred to as a good parent. Focused on the fact socialization of the child is done by the parents and all who are in contact with the child. Socialization is carried out by various methods of upbringing as observation, imitation, punishments and rewards, and more. A child who observes the people important to him – imitates their habits. Respect for the rights of the child and the assignment of responsibilities – is necessary. This is essential because it introduces the child to the world of precepts, prohibitions, privileges and rights. The article clarified – parenting takes a lot of skill and patience and is constant work and growth. Research shows that children benefit most when their parents: communicate honestly about events or discussions that have happened, and when parents explain clearly to children what happened and how they were involved if they were;stay consistent, as children need structure: parents who have regular routines benefits children incredibly;utilize resources available to them, reaching out into the community;take more interest in their child’s educational needs and early development; andkeep open communication and staying educated on what their child is learning and doing and how it is affecting them.Parenting skills are often assumed to be self-evident or naturally present in parents. The conclusion about violations of children’s rights and the lack of responsibility of the child - may distort his morale and social attitudes. This implies a great need to educate parents in this regard.

Legal Education Reform in Afghanistan

The purpose of this study was to discover, describe, and understand the status of legal education reform in Afghanistan. This qualitative study focused on gaps, problems, and challenges impeding Afghanistan’s progress towards having a quality legal education system. Data were collected from discussions with informal focus groups of academics and students, interviews with legal educators and members of the legal community, and relevant documents prepared by organizations tasked with supporting legal education in Afghanistan. A SWOT analysis identified several strengths, as a result of more than a decade of international development efforts, such as the establishment of legal clinics, research centers, language and computer centers, moot court and mock trial competitions, and other programs that support legal education in Afghanistan. Despite these gains, significant weaknesses still exist in the overall curriculum and faculty capacity. The ongoing challenges of reforming legal education in Afghanistan include a lack of resources, poor donor coordination, the independence of universities and lack of coordination between them, and the existence of dual legal education institutions. It is hoped that the results of this study will enable the organizations supporting legal education in Afghanistan and the government of Afghanistan to better target legal education reform efforts and monitor progress towards establishing quality legal education programs.

PROBLEM PRAKTIK KHURÛJ BAGI ANGGOTA JAMA`AH TABLIGH DI MADURA

Khurûj is one of the teachings which is tightly attached to Jama`ah Tabligh that ordered all its followers to go out of the district/area to spread amr al-ma`rûf nahy al-munkar in a certain time. The main problem is when the khurûj obligation is faced to Family obligation. Those obligations can create problems when the member of the Jama`ah Tabligh cannot make the obligation to the family and the khurûj obligation balance. One of the examples is the divorce of the member of the Jama`ah Tabligh. The reason of the divorce is because the lack of living cost when the husband did the khurûj. To fulfill it, the wife gets debt from other people and she cannot pay it off. Doing the khurûj is an activity of Jama`ah Tabligh, where a member will be stated as a legal member when he has joined the khurûj. Khurûj concept in its application is devided into 3 phases. The First is 3 days in a month; the second is 40 days in a year, and the last is 4 months in a lifetime. But the theory of the counting is using unknown and unclear base either from Al-Qur’an and al-Sunnah or any other methods of dakwah that applied by Rasulullah. While Jama`ah Tabligh uses Saying from Al-Qur’an as theoretical foundation about khurûj, that is the word “ukhrijat” containing in QS. Ali Imran (3): 110