Universidad de La Salle, Bogotá
Boston College Law School
Barry University School of Law
Belmont University
Seattle University School of Law
Allard School of Law at the University of British Columbia
Duke Law School
University of Pennsylvania Carey Law School
Universitas Indonesia
U.S. Court of Appeals for the Third Circuit
Automated Government For Vulnerable Citizens: Intermediating Rights,
2022
William & Mary Law School
Automated Government For Vulnerable Citizens: Intermediating Rights, Sofia Ranchordás, Luisa Scarcella
William & Mary Bill of Rights Journal
Filing tax returns or applying for unemployment benefits are some of the most common government transactions. Yet interacting with tax and social security authorities is for many a source of government anxiety. Bureaucracy, regulatory delays, and the complexity of the administrative legal system have been regarded for decades as the key reasons for this problem. Digital government promised a solution in the shape of simplified forms, electronic filing, and better communication with citizens. In the United States, privately developed software systems such as TurboTax and MiDAS emerged as intermediaries between citizens and digital government, selling convenience and efficiency. These systems ...
An Administrative Solution To The Student Loan Debt Crisis,
2022
Washington and Lee University School of Law
An Administrative Solution To The Student Loan Debt Crisis, Justin C. Van Orsdol
Washington and Lee Law Review Online
To say that the student loan debt crisis is out of control is a massive understatement. Although solutions such as Public Service Loan Forgiveness and the recent temporary payment/interest rate freeze have provided some relief for borrowers, more can be done. Of course, as with any large outlay of taxpayer dollars, opposition is sure to be heated. Given the current political climate, the likelihood of any legislative fixes seems unlikely.
But what if there was an administrative solution that could do more to address this crisis without the cost of the legislative process? This essay proposes such a solution ...
Ownership Concentration: Lessons From Natural Resources,
2022
Northwestern Pritzker School of Law
Ownership Concentration: Lessons From Natural Resources, Vanessa Casado Pérez
Northwestern University Law Review
Concentration of ownership over land or other resources is both a sign and a cause of inequality. Concentration of ownership makes access to such resources difficult for those less powerful, and it can have negative effects on local communities that benefit from a more distributed ownership pattern. Such concentration goes against the antimonopoly principles behind the homesteading land policies and the legal regimes that regulate many natural resources. This Essay suggests that where concentration is a concern, one might draw lessons for reform by looking to the field of natural resources law, which employs a range of deconcentration mechanisms affecting ...
Flint's Fight For Environmental Rights,
2022
Northwestern Pritzker School of Law
Flint's Fight For Environmental Rights, Noah D. Hall
Northwestern University Law Review
This Essay reviews the recent development of environmental rights within U.S. constitutional law, advanced through a series of federal court decisions in the wake of the Flint water crisis. The residents of Flint were poisoned and lied to by their government for nearly two years. They experienced how American environmental governance has failed at the state and federal levels and how our environmental laws leave individuals and communities unprotected. And then Flint fought back, in the courts, for five years. Flint residents have been overwhelmingly successful, achieving some justice for themselves and advancing substantive rights and remedies within our ...
Challenging Equality: Property Loss, Government Fault, And The Global Warming Catastrophe,
2022
Northwestern Pritzker School of Law
Challenging Equality: Property Loss, Government Fault, And The Global Warming Catastrophe, Laura S. Underkuffler
Northwestern University Law Review
One of the bedrock principles of American property law is that all property owners and all property are protected equally. We do not believe—when it comes to compensation for loss—that poor owners are compensated rigidly and rich owners are not, or that property in private homes is protected rigidly and property in commercial or industrial structures is not. When it comes to compensation due to public or private fault, we believe in absolute equality. Equal treatment of property is at the heart of the liberal state and is the promise of American property law.
This Essay challenges that ...
The Failure Of Proposed Regulation F: How The Consumer Financial Protection Bureau Leaves Consumers Vulnerable To Abusive Debt Collection Practices,
2022
University of St. Thomas, Minnesota
The Failure Of Proposed Regulation F: How The Consumer Financial Protection Bureau Leaves Consumers Vulnerable To Abusive Debt Collection Practices, Allison Cole
University of St. Thomas Journal of Law and Public Policy
No abstract provided.
American Contagions: Unexpected Pasts, Unwieldy Presents, And Contested Futures,
2022
University of St. Thomas, Minnesota
American Contagions: Unexpected Pasts, Unwieldy Presents, And Contested Futures, John Fabian Witt
University of St. Thomas Law Journal
No abstract provided.
The Covid-19 Worship Cases Lessons For Governors In Democratic Governance And Transparency Over "Edicts",
2022
University of St. Thomas, Minnesota
The Covid-19 Worship Cases Lessons For Governors In Democratic Governance And Transparency Over "Edicts", Robin Fretwell Wilson
University of St. Thomas Law Journal
No abstract provided.
The Dangers Of Being Disabled In The Time Of Covid,
2022
University of St. Thomas, Minneapolis
The Dangers Of Being Disabled In The Time Of Covid, Elizabeth R. Schiltz
University of St. Thomas Law Journal
No abstract provided.
Thomas Aquinas On Tyrannicide,
2022
University of St. Thomas School of Law, Minnesota
Thomas Aquinas On Tyrannicide, Dr. Charles J. Reid Jr.
University of St. Thomas Law Journal
No abstract provided.
Eviction Courts,
2022
University of St. Thomas, Minnesota
Eviction Courts, Kathryn A. Sabbeth
University of St. Thomas Law Journal
No abstract provided.
Covid-19, Churches, And Culture Wars,
2022
University of St. Thomas, Minnesota
Covid-19, Churches, And Culture Wars, John Inazu
University of St. Thomas Law Journal
No abstract provided.
Pandemics In Indian Country: The Making Of The Tribal State,
2022
University of St. Thomas, Minnesota
Pandemics In Indian Country: The Making Of The Tribal State, Matthew L.M. Fletcher
University of St. Thomas Law Journal
No abstract provided.
Juvenile Protection Courts And The Pandemic: A View From Inside Out,
2022
University of St. Thomas, Minnesota
Juvenile Protection Courts And The Pandemic: A View From Inside Out, Felice Batlan
University of St. Thomas Law Journal
No abstract provided.
Housing Instability And Covid-19,
2022
University of St. Thomas, Minnesota
Housing Instability And Covid-19, Courtney Lauren Anderson
University of St. Thomas Law Journal
No abstract provided.
Ownership Concentration: Lessons From Natural Resources,
2022
Texas A&M University School of Law
Ownership Concentration: Lessons From Natural Resources, Vanessa Casado-Pérez
Faculty Scholarship
Concentration of ownership over land or other resources is both a sign and a cause of inequality. Concentration of ownership makes access to such resources difficult for those less powerful, and it can have negative effects on local communities that benefit from a more distributed ownership pattern. Such concentration goes against the antimonopoly principles behind the homesteading land policies and the legal regimes that regulate many natural resources. This Essay suggests that where concentration is a concern, one might draw lessons for reform by looking to the field of natural resources law, which employs a range of deconcentration mechanisms affecting ...
Solving The Congressional Review Act’S Conundrum,
2022
University of Pennsylvania Carey Law School
Solving The Congressional Review Act’S Conundrum, Cary Coglianese
Faculty Scholarship at Penn Carey Law
Congress routinely enacts statutes that require federal agencies to adopt specific regulations. When Congress passed the Dodd-Frank Wall Street Reform and Consumer Protection Act in 2010, for example, it mandated the Securities and Exchange Commission (SEC) to adopt an anti-corruption regulation requiring energy companies to disclose payments they make to foreign governments. Although the Dodd-Frank Act specifically required the SEC to adopt this disclosure requirement, the agency’s regulation was also, like other administrative rules, subject to disapproval by Congress under a process outlined in a separate statute known as the Congressional Review Act (CRA).
After the SEC issued its ...
Upaya Pemerintah Terhadap Perlindungan Ekspresi Budaya Tradisional Batik Motif Parang Sebagai Warisan Budaya Dunia,
2022
Universitas Indonesia
Upaya Pemerintah Terhadap Perlindungan Ekspresi Budaya Tradisional Batik Motif Parang Sebagai Warisan Budaya Dunia, Raden Zulfikar Supinarko Putra
"Dharmasisya” Jurnal Program Magister Hukum FHUI
Abstract
Batik is not just a design on a piece of cloth, more than that, batik is a soul that blends in the procession of Indonesian society. Since the baby has been carried with a batik cloth, weddings wear batik cloth until when they die they will be covered with batik cloth too usually. This fact become a consideration for UNESCO to establish Indonesian Batik as a Masterpieces of the Oral and Intangible Heritage of Humanity in the Fourth Session of The Intergovernmental Committee. This research uses a normative legal research method that is descriptive and analytical using a statutory ...
Perbedaan Akad Wakalah Bil Ujrah Dan Akad Qard Terhadap Permasalahan Akad Pembelian Barang Dalam Kehidupan Sehari-Hari,
2022
Universitas Indonesia
Perbedaan Akad Wakalah Bil Ujrah Dan Akad Qard Terhadap Permasalahan Akad Pembelian Barang Dalam Kehidupan Sehari-Hari, Zendy Sellyfio Ardiana
"Dharmasisya” Jurnal Program Magister Hukum FHUI
Abstract
The wakalah bil ujrah and qard contract are contracts that often cause difficulties in implementing the purchase of goods in everyday life, both in safekeeping for purchasing goods and for buying and selling in general. Where if it is wrong in its application, it can cause income in a sale and purchase to be haraam due to an error in understanding the contract used and not describing benefit as the core of maqashid al-sharia which has an important role in determining Islamic law. The purpose of this paper is to find out how the solution to the application of ...
Tinjauan Yuridis Dalam Penyelesaian Pelanggaran Ham Berat Melalui Komisi Kebenaran Dan Rekonsiliasi Di Afrika Selatan Dan Indonesia,
2022
Universitas Indonesia
Tinjauan Yuridis Dalam Penyelesaian Pelanggaran Ham Berat Melalui Komisi Kebenaran Dan Rekonsiliasi Di Afrika Selatan Dan Indonesia, Tshana Erfandi
"Dharmasisya” Jurnal Program Magister Hukum FHUI
Abstract
Several countries are currently developing a solution to the problem by establishing a particular commission. The commission works outside the courts, parliament and executive. In Indonesia, In Indonesia. The People's Consultative Assembly set a stipulation regarding the establishment of the National Center for Truth and Reconciliation: (NCTR) in 2000. This stipulation has the intent and purpose for national unity to identify existing problems, determine the conditions that must be made in order to achieve national reconciliation and establish policy direction as a guide to carry out the consolidation of unity of a nation. Whereas in South Africa, the ...
