Province Of State Research Articles

MANAGING TERRORISM IN AFRICA

Despite the different interpretations on the origins and a possible way to manage the Islamic terrorism in Africa, a thing is clear: this phenomenon gained importance in the last few years. Data of ACLED show that in 2015 Africa registered 381 attacks, which resulted in 1.394 fatalities; five years later the number increased to 7.108 attacks and 12.519 fatalities (Mroszczyk & Abrahms, 2021). It is not difficult to deduce that Islamic terrorism was not managed appropriately by the African States. It is the case of countries as Nigeria with Boko Haram, Somalia with Al-Shabaab, Mozambique with Ansar-al-Sunna, with links with the Central African Province of the Islamic State.

Model Pengawasan Pelayanan Publik Oleh Ombudsman Ri Pewakilan Lampung (Studi Tentang PPDB Tingkat SMA di Provinsi Lampung Tahun 2019)

This research aims to determine the Republic of Indonesia's Representative Office of Lampung Ombudsman Supervision Model for New Student Reception (PPDB) at the Senior High School level in Lampung Province in 2019 and to find out what are the inhibiting factors for the Republic of Indonesia's Representative Ombudsman Lampung in carrying out such supervision. The research method used is qualitative then presented descriptively, namely by parsing, explaining, and describing in accordance with problems that are closely related to this research. The research was carried out at the Office of the Ombudsman of the Republic of Indonesia Representative Province of Lampung and Senior High School State 01 Bandar Lampung. The results showed that the Indonesian Ombudsman Supervisory Model of Lampung Representative of PPDB at the Senior high school level in Lampung Province in 2019 used a supervision model according to the way it was implemented, namely direct supervision carried out through inspection activities namely supervision carried out by coming directly to the field and also indirect supervision carried out through receipt and handling of reports.

Lessons for the USA from the Hague Principles

In this article, Professor Silberman offers a review of US choice of law approaches that address party autonomy in international commercial contracts. She explains that choice of law rules in the United States are the province of state, not federal law, and to that end gives examples from two states that have codified choice of law and identifies several states that have an absolute autonomy rule for situations when the parties choose forum law. However, the focus is on the provision in the Restatement (Second) of Conflict of Laws dealing with party autonomy in contracts because most states in the United States have adopted that approach. Professor Silberman criticizes the existing Restatement rule for its failure to distinguish between interstate and international contracts and observes that several US. Supreme Court decisions would seem to support broader autonomy for parties to an international contract to choose the applicable law to govern the contract. Professor Silberman also explains that there is an ongoing American Law Institute project to revise the Restatement (Second) – the Restatement (Third) – and she suggests that the recent Hague Principles offer several features that might be included in a revision of the Restatement provision on party autonomy in contracts. In particular, she points to elimination of the requirement that there be a geographical connection to the applicable law chosen and distinguishing between commercial and other types of contracts. Professor Silberman then compares the Hague Principles and the present Restatement provisions in their treatment of other limitations on the parties’ ability to choose the applicable law in an international commercial contract. She criticizes several of the specific options offered in the Hague Principles and concludes that the present Restatement approach in this area is more desirable for courts in the United States.

Lessons for the USA from the Hague Principles

In this article, Professor Silberman offers a review of US choice of law approaches that address party autonomy in international commercial contracts. She explains that choice of law rules in the United States are the province of state, not federal law, and to that end gives examples from two states that have codified choice of law and identifies several states that have an absolute autonomy rule for situations when the parties choose forum law. However, the focus is on the provision in the Restatement (Second) of Conflict of Laws dealing with party autonomy in contracts because most states in the United States have adopted that approach. Professor Silberman criticizes the existing Restatement rule for its failure to distinguish between interstate and international contracts and observes that several US. Supreme Court decisions would seem to support broader autonomy for parties to an international contract to choose the applicable law to govern the contract. Professor Silberman also explains that there is an ongoing American Law Institute project to revise the Restatement (Second) – the Restatement (Third) – and she suggests that the recent Hague Principles offer several features that might be included in a revision of the Restatement provision on party autonomy in contracts. In particular, she points to elimination of the requirement that there be a geographical connection to the applicable law chosen and distinguishing between commercial and other types of contracts. Professor Silberman then compares the Hague Principles and the present Restatement provisions in their treatment of other limitations on the parties’ ability to choose the applicable law in an international commercial contract. She criticizes several of the specific options offered in the Hague Principles and concludes that the present Restatement approach in this area is more desirable for courts in the United States.

French Speaking on the Situation of Multiculture and Nationalism in Quebec During 1980–2010

Abstract As the colonization of Britain for hundred years and the situation of being a province of Canada federal state, identity of Quebecois faced various historical and environmental pressures. Nationalism is the main issue which has been considered seriously by the public and the government for a long period. The policy of the government to the nationalism is the key solution in protecting the multi-ethnic and multi-culture in Quebec as well as promoting the autonomy and identity of Quebecois.

Siting Renewable Energy: Land Use and Regulatory Context

This article takes up the increasingly important land use question of siting for renewable energy. As concern over climate change grows, new policies are being crafted at all levels of government to support renewable energy as a way of reducing greenhouse gas emissions. These policies are driving the need to site and construct new power plants that will utilize renewable resources. Historically, power plant siting has been the province of state and local governments, so the regulatory context into which renewables are being integrated varies, sometimes significantly, jurisdiction by jurisdiction. To examine this regulatory context, this article focuses on Florida – the third largest consumer of electricity in the U.S. with less than two percent generated from renewable resources. The article first provides an overview of Florida’s power supply sector and sets out the existing regulatory context for terrestrial siting of energy facilities. It then situates Florida’s most promising renewable resources within that context, identifies regulatory barriers that implicate siting, and considers the siting issues unique to each resource. As the article explains, we now have a window of opportunity in which state and local governments can plan for and guide renewable energy siting – an approach that contrasts with utility-driven planning and siting that has long been standard practice.

Siting Renewable Energy: Land Use and Regulatory Context

This Article takes up the increasingly important land use question of siting for renewable energy. As concern over climate change grows, new policies are being crafted at all levels of government to support renewable energy as a way of reducing greenhouse gas emissions. These policies are driving the need to site and construct new power plants that will utilize renewable resources. Historically, power plant siting has been the province of state and local governments, so the regulatory context into which renewables are being integrated varies, sometimes significantly, jurisdiction by jurisdiction. To examine this regulatory context, this Article focuses on Florida, a state which consumes the third-most electricity in the United States but which generates less than 2 percent of that electricity from renewable resources. The Article first provides an overview of Florida’s power supply sector and sets out the existing regulatory context for terrestrial siting of energy facilities. It then situates Florida’s most promising renewable resources within that context, identifies regulatory barriers that implicate siting, and considers the siting issues unique to each resource. As the article explains, we now have a window of opportunity in which state and local governments can plan for and guide renewable energy siting—an approach that contrasts with utility-driven planning and siting that has long been standard practice.

No Child Left Behind and the transformation of federal education policy, 1965-2005

Education is intimately connected to many of the most important and contentious questions confronting American society, from race to jobs to taxes, and the competitive pressures of the global economy have only enhanced its significance. Elementary and secondary schooling has long been the province of state and local governments; but when George W. Bush signed into law the No Child Left Behind Act in 2002, it signaled an unprecedented expansion of the federal role in public education. This book provides the first balanced, in-depth analysis of how No Child Left Behind (NCLB) became law. Patrick McGuinn, a political scientist with hands-on experience in secondary education, explains how this happened despite the country's long history of decentralized school governance and the longstanding opposition of both liberals and conservatives to an active, reform-oriented federal role in schools. His book provides the essential political context for understanding NCLB, the controversies surrounding its implementation, and forthcoming debates over its reauthorization. Using education as a case study of national policymaking, McGuinn also shows how the struggle to define the federal role in school reform took center stage in debates over the appropriate role of the government in promoting opportunity and social welfare. He places the evolution of the federal role in schools within the context of broader institutional, ideological, and political changes that have swept the nation since the 1965 Elementary and Secondary Education Act, chronicles the concerns raised by the 1983 report A Nation at Risk, and shows how education became a major campaign issue for both parties in the 1990s. McGuinn argues that the emergence of swing issues such as education can facilitate major policy change even as they influence the direction of wider political debates and partisan conflict. McGuinn traces the Republican shift from seeking to eliminate the U.S. Department of Education to embracing federal leadership in school reform, then details the negotiations over NCLB, the forces that shaped its final provisions, and the ways in which the law constitutes a new federal education policy regime - against which states have now begun to rebel. He argues that the expanded federal role in schools is probably here to stay and that only by understanding the unique dynamics of national education politics will reformers be able to craft a more effective national role in school reform.

Programming and Definition of Prevention Plans for Viral Haemorrhagic Septicaemia (VHS) and Infective Haematopoietic Necrosis (IHN) within the Territory of the Autonomous Province of Trento and State of Implementation

In 1975, with the resolution of the Provincial Government no. 10050 of 5 December, an advisory committee was established in the province of Trento with the scope of acquiring essential information for gaining full knowledge of the state of health and hygiene, the condition of farms and the productivity of provincial trout farms through accurate surveys. On the basis of this information the committee was also to formulate proposals for a general plan for health care and the reorganisation of the sector in line with development requirements in order to create a modern and efficient trout-breeding industry.

'Nature in League with Man': Conceptualising and Transforming the Natural World in Eighteenth-Century Scandinavia

Abstract This article examines a series of projects and discussions, among the Enlightenment elite in the Danish kingdom, about the need for technological improvement and agricultural reform in Iceland, a distant province of the Danish state in the eighteenth century. One of the most important of these projects was the importation of reindeer from northern Norway to Iceland in the latter half of the eighteenth century, in response to famine conditions and plagues that had decimated the sheep population on the island. These projects and the language that their instigators and supporters used show that the Enlightenment elite sought to re-define Icelandic and Northern nature, reclaim a territory that had been historically viewed as a wilderness, and remodel it into a well-regulated and homogeneous part of the state. Their vision of nature in the North Atlantic was a radical break with previous traditions of describing nature in Iceland and one of the first times that Icelanders sought to establish themselves as authorities about conditions in their country.

Farghana under the Samanids (According to the Data of Numismatics)

ABSTRACTSamanid coins are an important source for the history of Farghana under the Samanids, adding important information to the data of the chronicles. There were two different periods in the history of Farghana under the Samanids. During the first period (till 916), Farghana was an independent, hereditary dominion ruled by the Farghanan branch of the Samanids. It was founded by Aḥmad b. Asad. His sons (Asad, Isḥāq) and grandsons (Nūḥ, Aḥmad and Muḥammad, sons of Asad, and Muḥammad, son of Isḥāq) also ruled Farghana (or part of it). The Samanids in Farghana minted as independent rulers and only the sixth of them, Muhammad b. Asad, mentioned the head of the dynasty on his coins (in 915–16). The Samanids of Farghana several times rebelled against the central government. During the second period (924–91), Farghana was a province of the Samanid state, where governors of non-Samanid origin ruled the towns (or all of Farghana), granted to them by the Samanid Amīrs as appanages for their service. Most of these governors were Turkish generals who rose to power from the rank and file of the ghulāms (slave soldiers) of the Palace Guard in the capital.

The Battle over "Turning Back the Clock" in Constitutional Interpretation

28Historically Speaking · November 2002 The Battle over "Turning Back the Clock" in Constitutional Interpretation Stephen B. Presser Do we still have a Constitution? There is no doubt diat die "original" understanding of Constitutional exegesis was that the document ought to be interpreted in an objective manner, according to the "original" understanding of Constitutional terms.1 As everyone who has gone to law school since 1954 knows, however, die United States Supreme Court, in die middle ofdie 20di century, departed from diat original philosophy ofConstitutional interpretation , in order to bring die Constitution more in line widi what die Justices diought to be convenient for a modern democracy. The dieory, consistent widi die still-prevailing jurisprudence of "legal realism," was that the Constitution ought to be viewed as a "living document," which should change widi die times. As Earl Warren remarked, in deciding die landmark school desegregation case of Brown v. BoardofEducation ofTopeka (1954), "we cannot turn die clock back" to die time when die Fourteendi Amendment was passed to understand what it ought to mean today. Warren's Court (and, to a great extent, die Burger and Rehnquist Courts which followed his) altered die meaning ofmany provisions ofdie Constitution, in order substantially to limit die scope ofwhat die states could do in terms of policy-making, and in order to promote a secularized and individualized philosophy ofgovernment. Woe be to diose who challenge die Warren (and Burger and Rehnquist) Court's decisions in die areas ofrace, religion, and, in particular , abortion. Consider, for example, Robert Bork, die victim of a grossly unfair attack by so-called "public interest groups" and dieir sympadiizers in die Senate which kept him off the Supreme Court. More recently, Bork argued in die New Criterion diat die Supreme Court's decisions in die second half of the 20th century regarding "speech, religion, abortion, secularity, welfare , public education and much else" made die Court, in effect "die enemy oftraditional culture."2 Widi diis essay, Bork sought to rally support for judicial nominees who espouse original intent. In response,Jeffrey Rosen, a Holmes,Jr., the patron saint ofdie currendy dominantjurisprudential school oflegal realism : "The substance ofdie law, at any given time, pretty nearly corresponds, so far as it goes, widi what is dien understood to be convenient ." Holmes got it wrong. So does Rosen. Bork is right. A Constitution diat is a "living law professor and the legal affairs editor of document" is a rope ofsand, and offers little die New Republic (a reliable indicator ofwhat hope ofdoing what die Constitution is suppasses for moderation among media views), posed to do. The Constitution was intended blasted Bork in die New York TimesMagazine, to reign in die excesses of die state legislaas "living in a dystopian time warp."3tures, which were seeking to appease popular opinion byissuingincreasingly worthless paper currency and by suspending debts. The Constitution put in place a federal government that was to make commercial markets more secure by centralizing die creation of currency, and by forbidding interference widi private contracts on the part ofdie state governments. As high school students used to learn, the federal Constitution also attempted to put in place structural mechanisms which would prevent even die federal government from becoming too powerful. These were basically two-fold. One was die principle diatwe now know as "federalism" or "dual sovereignty," the notion that die federal government was to be one of limited and enumerated powers, with die state governments as die primary legislative and policy-making bodies for the country. The Constitution was supposed to deal widi common concerns of all die states, such as interstate commerce, navigation, a circulating currency, and national defense. Odier matters, including die basic doctrines ofcontracts, torts, property , criminal law, family law, and religion were to be the province ofstate and local governments . The second structural safeguard was borrowed from Montesquieu, and diat Warren Burger at LaGuardia Airport, 1953.© Bettmanns/Corbis Bork blamed die Court for die current "suffocating vulgarity of [our] popular culture ," but Rosen argued that "MTV, the Internet, the expansion ofsexual equality and other democratizing forces of popular culture " have led to die decline of traditional values. Indeed, Rosen praised die "Supreme Court's relatively moderate...

The U.S. Supreme Court Limits Federal Regulation of Wetlands: Implications of the SWANCC Decision

In January, 2001, the U.S. Supreme Court limited federal authority to regulate isolated wetlands that serve as habitat for migratory birds or endangered species. The Court determined that the Clean Water Act's protection of wetlands only extends to waters, their tributaries, and wetlands adjacent to each. As with many of the Court's 5-4 decisions, the ruling is enigmatic. It may produce a drastic reduction in federal regulation of vernal pools, desert springs, interior drainage streams, and other wetlands of importance in California. It may also mean the end of federal regulation of water pollution in these water bodies. Or, the ruling could have a practical effect rather less than that. Clearly, the Supreme Court believes that regulation of wetlands beyond navigable waterways is the province of state and local governments. As of yet, the Army Corps of Engineers has not issued guidance on how that agency will interpret the SWANCC decision. The SWANCC decision presents California with the opportunity to assess the ecological and economic benefits of the state's remaining isolated wetlands, the costs of protecting them, and to determine whether the state should take the lead in their regulation. This paper reviews federal regulation of wetlands and the Supreme Court's decision. It attempts to identify the wetlands in California that now lie outside of federal regulation, and reviews existing state laws and regulatory programs that might cover the affected wetlands. It concludes with several policy options, ranging from minor fixes to plug the gap in federal-state regulation to creating a statewide wetlands conservancy.

Swiss Israel Trade Bank v. Government of Salta and Banco Provincial De Salta

International law in general — Relation to Municipal law — Customary International law relating to sovereign immunity-Effect on earlier decisions of municipal courts — Doctrine of binding precedent — Whether judge of first instance empowered to apply customary International law rather than precedents — The law of EnglandJurisdiction — Territorial — Exemptions from — Foreign States — Province of federal State — Provincial government of Argentine Republic — Bank created by legislation — Relevance of lack of Governmental control of bank — Whether Government or bank entitled to immunity — The law of England

Book Review:The Province of the State. Roland K. Wilson

Book Review:The Province of the State. Roland K. Wilson