Other Law Commons^™

The Eleventh Circuit Dreadlocks Ban And The Implications Of Race Discrimination In The Workplace, Jacqueline Frank

Barry Law Review

No abstract provided.

Toxic Impact: The Regulation Of Coal Ash And The Influence Of Big Money On Small Communities, Patricia Helman

Barry Law Review

No abstract provided.

A Proposal For Fda Label Regulations And Uniform Certifications For Organic Non-Food And "Natural" Products, Allyson Bartolomeo

Barry Law Review

No abstract provided.

Membangun Transparansi Pengadaan Barang Dan Jasa Melalui Peningkatan Peran Ict Dalam Mereduksi Korupsi, Sabrina Dyah Nayabarani

Jurnal Hukum & Pembangunan

Corruption in goods and services procurement is one of the most frequent corruption in Indonesia. So, this article discuss about the role of information communication and technology (ICT) and its mechanism for improving transparency as an effort to prevent corruption. This study apply descriptive method, literature review, and analysis the research which have been done by preceding researcher. This article conclude that ICT is statistically significant for reducing corruption, but the implementation of that system should be needed further evaluation. There are some important things which need more evaluation, such as: sufficiency of skilled worker for operating e-procurement, user support, …

Private Prisons And The Need For Greater Transparency: Private Prison Information Act, Libbi L. Vilher

Brooklyn Journal of Corporate, Financial & Commercial Law

Private prisons are not subject to the same regulations as government prisons. Particularly, private prisons are exempt from the requirements set forth in the Freedom of Information Act and its state equivalents, which provide that the public has an enforceable right to request certain records from government agencies. Numerous efforts made by members of Congress to enact the Private Prison Information Act, a bill that would subject private prisons to disclosure laws found in the Freedom of Information Act, have been unsuccessful. Such efforts to strip the veil of secrecy that shades private prisons from public scrutiny are especially important …

Exploiting Latin American Microfinance Deregulation: One Borrower At A Time, Karlamaria Cabral

Brooklyn Journal of Corporate, Financial & Commercial Law

Microfinance seeks to eradicate poverty through the economic growth and development that results when seed capital is given to microenterprises. In 2015, Latin America’s microfinance loan portfolio totaled $40 billion USD and included more than twenty-two million borrowers. Due to the current state of microfinance in the region—abusive lending practices and betraying the original goal and purpose of eradicating poverty—this Note advocates for a regional regulatory body, such as the Latin American Microfinance Association, that would develop and assist Latin American countries to implement model legal frameworks that increase client protection, create licensing requirements, establish interest rate caps, and recognize …

“You Must Construct Additional Pylons”: Building A Better Framework For Esports Governance, Laura L. Chao

Fordham Law Review

The popularity of “esports,” also known as “electronic sports” or competitive video gaming, has exploded in recent years and captured the attention of cord-cutting millennials—often to the detriment of sports such as basketball, football, baseball, and hockey. In the United States, the commercial dominance of such traditional sports stems from decades of regulatory support. Consequently, while esports regulation is likely to emulate many aspects of traditional sports governance, the esports industry is fraught with challenges that inhibit sophisticated ownership and capital investment. Domestic regulation is complicated by underlying intellectual property ownership and ancillary considerations such as fluctuations in a video …

Ensuring National Security In The Information Sphere, D. Tadjibaeva

Review of law sciences

This article describes ideological threats to security, and stability of the republic, improvement of the information security system, timely and proportionate countermeasures,which are mentioned in the first part of the fifth priority directions of the Strategy of Action “Priority areas in the field of security, inter-ethnic harmony and religious tolerance, and implementation of balanced, mutually beneficial and constructive foreign policy”.

Our Courts, Ourselves: How The Alternative Dispute Resolution Movement Is Re-Shaping Our Legal System, Deborah R. Hensler

Dickinson Law Review (2017-Present)

Twenty-seven years ago, Professor Frank Sander urged American lawyers and judges to re-imagine the civil courts as a collection of dispute resolution procedures tailored to fit the variety of disputes that parties bring to the justice system. Professor Sander’s vision of the justice system encompassed traditional litigation leading to trial, but his speech at the 1976 Roscoe Pound Conference drew attention to alternatives to traditional dispute resolution that he argued would better serve disputants and society than traditional adversarial processes.

Today, interest in dispute resolution is high. This interest cuts across many domains, ranging from the family, to the schoolyard, …

In Memoriam Paul Moedikdo (1927-2016) Pakar Kriminologi Yang Berpendirian Tegas Sebuah Nekrologi Oleh Jan Van Olden, Mardjono Reksodiputro Prof.

Jurnal Hukum & Pembangunan

Paul Moedikdo is just one of the many Indonesians who settled in the Netherlands because they were forced by circumstances resulting from the political upheaval in Indonesia in 1965 where there was an "unforgiving pursuit" of everything that smelled of leftism so that many intellectuals and activists were forced to seek happiness in the Netherlands. abroad, far from the homeland. Paul is an expert in criminology who works at the Willem Pompe Institute under the auspices of the University of Utrecht. As an Indonesian he is an ideal guest lecturer in efforts to improve the quality of education and research …

Dilema Upaya Hukum Terhadap Penyadapan, Damian Agata Yuvens, Rangga Sujud Widigda, Aisyah Sharifa

Jurnal Hukum & Pembangunan

Although interception is not a new institution in Indonesia, unfortunately the regulations are still scattered and different from one to another. In its context as authority of law enforcer, interception does not have horizontal balancing mechanism. Referring to considerations of Constitutional Court of the Republic of Indonesia in expanding the scope of pre-trial, apparently those considerations could be applied towards interception, thus conceptually, it can be said that pre-trial could be stretched to include interception. Nevertheless, there is incompatibility between concept of pre-trial and regulations concerning interception in the prevailing laws

Lichtenberger And The Three Bears: Getting The Private Search Exception And Modern Digital Storage "Just Right", Samuel Crecelius

Texas A&M Law Review

Finding a happy medium is hard. Often, it is a challenge to find a workable balance between two unworkable extremes. Known as the “Goldilocks Principle,” this phenomenon has been observed in fields as diverse as developmental psychology and astrobiology. As Goldilocks found in the Three Bears’ house, “just right” may not come on the first attempt. We may have to explore the extremes of the spectrum—“too hot” and “too cold”—before we can settle on “just right. Goldilocks also discovered that this process is all the more difficult in a new environment—like the Three Bears’ house. Goldilocks persevered, however, until she …

Evaluating The Cayman Islands Bill Of Rights, Freedoms And Responsibilities: More Evolution Than Revolution, Vaughan Carter

Texas A&M Law Review

Evaluating the Cayman Islands Bill of Rights, Freedoms and Responsibilities: More Evolution than Revolution

Recognizing Challenges And Opportunities In The Quest To End Hunger, Jennifer Williams Zwagerman

Texas A&M Law Review

As an attorney and professor that does not focus on intellectual property law, I was a bit apprehensive about providing a keynote address for a Symposium focusing on “Agriculture, Intellectual Property, and Feeding the World in the 21st Century.” As I thought about this topic, knowing that there were other speakers who would focus more on the IP issues and technical aspects of various topics, I kept coming back to the importance of technology as we worktowards the goal of feeding the world, and the many ways in which innovation plays a role in meeting that goal. It also brought …

Where We're Going, We'll Need Roads! Building The Bridge To The Future: Public-Private Partnerships For Future Border Infrastructure Development, Jessica R. Lesnau

Texas A&M Law Review

In a world where global economies are increasingly interdependent, the United States, and its North American counterparts, Canada and Mexico, are booming sources of international trade. Now, more than ever, global competitiveness necessitates developments in U.S. infrastructure, especially at major border crossings where congestion and poor infrastructure create bottlenecks interfering with the free movement of goods. Questions pertaining to international border crossings circle the debate at the most crucial international border crossing in North America: the Ambassador Bridge, which spans the Detroit River between Detroit, Michigan, and Windsor, Ontario. A legal battle rages over the proposed construction of a new …

Principled Negotiation: The Final Answer To The South China Sea Dispute, Hoa Nguyen

Texas A&M Law Review

Principled negotiation suggests that in any conflict there are interests that motivate a party’s claimed position. Identifying and focusing on these interests instead of the position itself is the best way to solve the underlying conflict, whether it concerns a family quarrel, a business contract, or an international settlement among nations. On the surface of the South China Sea dispute, China, Vietnam, the Philippines, Malaysia, Brunei, and Taiwan all make conflicting claims over various features in the South China Sea, particularly the Spratly and Paracel Islands. However, in reality, each nation has particular interests in mind when asserting its claiming …

Could The Pay Ratio Disclosure Backfire? Examining The Effects Of The Sec's Pay Ratio Disclosure Rule, Jillian Loh

Texas A&M Law Review

At the signing of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (“Dodd-Frank Act”), President Barack Obama asserted that, “We all win when investors around the world have confidence in our markets. We all win when shareholders have more power and more information. . . . And we all win when folks are rewarded based on how well they perform, not how well they evade accountability.” After the financial crisis in 2008, the Obama Administration recognized the need to reconstruct the existing American financial regulatory system to ensure that a financial meltdown would never happen again. It …

Pre- Or Post-Mortem?, Leslie C. Griffin

Nevada Law Journal

No abstract provided.

Doscher: The Second Circuit Frees Itself From Its Prior Look Through Approach, Fueling A Circuit Split, Peter Nelson

Arbitration Law Review

No abstract provided.

Bolstering The Foundation Of Fundamental Fairness: The Ninth Circuit Declares Equitable Tolling Now Applies To The Federal Arbitration Act, Matthew E. Selmasska

Arbitration Law Review

No abstract provided.

Arbitration In Wills And Trusts: From George Washington To An Uncertain Present, Edward F. Sherman

Arbitration Law Review

No abstract provided.

Analisis Yuridis Terhadap Asas Efisiensi Berkeadilan Berdasarkan Pasal 33 Ayat (4) Uud 1945 Dalam Peraturan Perundang-Undangan Di Bidang Ketenagalistrikan, Adhi Anugroho, Ratih Lestarini, Tri Hayati

Jurnal Hukum & Pembangunan

This thesis discusses the implementation of the principle of "equitable efficiency" as contained in Article 33 paragraph (4) of the 1945 Constitution After the 4th Amendment in legislations concerning electricity. This research analyzes how the Constitutional Court interprets the element of "equitable efficiency" in the constitutional reviews Electricity Law. This article concludes that the meaning of "equitable efficiency" in Article 33 paragraph (4) of the 1945 Constitution After the 4th Amendment is that the national economy should be organized to use the least amount of resources to achieve the greatest amount of welfare which could be enjoyed equitably by the …

Pengisian Jabatan Anggota Badan Pemeriksa Keuangan (Bpk) Untuk Mewujudkan Bpk Yang Independen, Dumaria Simanjuntak

Jurnal Hukum & Pembangunan

BPK as the only external audit institution that is equal to other state institutions whose responsibility to audit the state finance's management and accountability should be far apart from political parties' interests. However nowadays some of the chief-persons of BPK are involved in political parties' interests morever become suspects in some corruption cases. To establish BPK as independent and professional institution, chief-person position charging must be free from political parties' interests. This essay exposes the development of regulation of BPK chief-person position charging as main topic analysis. The conclusion of the research is there was advance development in regulation related …

Understanding Medical Records In The Twenty-First Century, Samuel D. Hodge, Jr., Joanne Callahan

Barry Law Review

No abstract provided.

Florida’S Contradiction And The Tipped Employees’ Plight: Why The Florida Civil Rights Act Of 1992 Mandates That Florida Raise The Tipped Minimum Wage And The Necessary Standard Of Review, Jamy E. Barreau

Barry Law Review

No abstract provided.

Revolutionary Disobedience, Philip K. Y. Lau

Barry Law Review

Over the past few decades, civil disobedience has become one of the most widely studied subjects in jurisprudence. Scholars such as Rawls and Dworkin have offered their unique reflections on the subject. Whilst many have made great contributions to clarify its purposes and justifications, they have neglected one of the most important and fundamental forms of political disobedience, namely revolutionary disobedience. Unlike an act of civil disobedience, which recognizes governmental authority and legitimacy, revolutionary disobedience explicitly denies and challenges them. Manifested as a rupture between the constituent power (ruled/governed) and constituted power (ruler/governor) in a given state, it is designed …

Do Code Violations And Liens Run With The Land? Carving Out A Changing Landscape To Section 162.09(3), Florida Statutes, With Enactment Of Section 723.024, Florida Statutes, Mobile Home Park Lot Tenancies, Harry M. Hipler

Barry Law Review

No abstract provided.

Riparian Rights In A Polluted World: Property Right Or Tort?, Daniel P. Fernandez

Barry Law Review

No abstract provided.

The Migingo Island Dispute Between Kenya And Uganda, Christopher R. Rossi

Brooklyn Journal of International Law

Migingo is an islet in Lake Victoria, half the size of a football field. For most of its history, it had no significance. Recent adulterations to the lake’s water table in an age of climate change and to its biology in the Anthropocene age have altered the utility of the islet. It now sits atop the lake’s most fertile fishing ground and serves as a strategic off shore port straddling the water border between Uganda and Kenya. Uganda and Kenya dispute its sovereignty. Ownership of this microdot threatens bilateral peace and impacts regional security and economic development discussions. This article …

Why The World Should Act Like Children: Using The Building Blocks Method To Combat Climate Change, Beginning With Methane, Eileen Waters

University of Richmond Law Review

No abstract provided.