Open Access. Powered by Scholars. Published by Universities.®

Administrative Law Commons

Open Access. Powered by Scholars. Published by Universities.®

12,544 Full-Text Articles 7,789 Authors 4,450,554 Downloads 162 Institutions

All Articles in Administrative Law

Faceted Search

12,544 full-text articles. Page 7 of 290.

Politik Hukum Pembentukan Peraturan Perundang-Undangan Keuangan Syariah Di Indonesia, Budiman Budiman 2022 Universitas Indonesia

Politik Hukum Pembentukan Peraturan Perundang-Undangan Keuangan Syariah Di Indonesia, Budiman Budiman

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Since ennacted of Law Number 10 Year 1998 concerning Amendment of Law Number 7 Year 1992 concerning Banking, which regulates banking activities based on sharia principles, the new era of growth of regulations in the financial services sector, not just in the banking sector, but also in the field of non-bank financial services. The enactment of Islamic financial laws and regulations takes place rapidly from year to year. The legal policy of establishment laws and regulations in the field of Islamic financial services is to make Islamic law in the field of financial services become a positive norm so that …


Perlindungan Hukum Terhadap Bentuk Fiksasi Dalam Karya Musik Berdasarkan Perkembangan Undang-Undang Hak Cipta, Boy Brian E.S 2022 Universitas Indonesia

Perlindungan Hukum Terhadap Bentuk Fiksasi Dalam Karya Musik Berdasarkan Perkembangan Undang-Undang Hak Cipta, Boy Brian E.S

"Dharmasisya” Jurnal Program Magister Hukum FHUI

This journal aims to discuss the protection of copyright law against tapes converted into the form of a sound recording or a tool shaped CD (Compact Disc), in addition it is to discuss how enforcement against violations fixation in a piece of music that is poured into a recording tool so that it can be enjoyed through the CD. This journal will discuss about the forms of piracy which often occur in the field of copyright songs and music. In this journal will be discussed also about violations in the field of copyright songs or music that will be penalized …


Urgensi Perlindungan Hukum Atas Simpanan Uang Elektronik, Abdurrahman Marahimin 2022 Universitas Indonesia

Urgensi Perlindungan Hukum Atas Simpanan Uang Elektronik, Abdurrahman Marahimin

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The use of electronic money shows positive developments, but is not accompanied by the development of regulations that provide legal protection to its users, especially with regard to the loss of electronic money. The problem in this study is how the legal protection for electronic money deposits and how the form of protection for electronic money deposits in the future so as to ensure the safe use of electronic money. This study uses a normative juridical method, using secondary data and using qualitative data analysis methods. The results of the study stated that the IDIC does not have the authority …


Politik Hukum Pertambangan Dalam Pelaksanaan Kewajiban Pengolahan Dan Pemurnian Mineral Dan Batubara Di Indonesia, Ahmad Nugraha Abrar 2022 Universitas Indonesia

Politik Hukum Pertambangan Dalam Pelaksanaan Kewajiban Pengolahan Dan Pemurnian Mineral Dan Batubara Di Indonesia, Ahmad Nugraha Abrar

"Dharmasisya” Jurnal Program Magister Hukum FHUI

This study discusses the politics of mining law in the implementation of the obligation to process and purify minerals and coal to improve the quality of minerals and coal in Indonesia. The research focuses on the legal politics that occur in the implementation obligations in developing mineral and coal processing and refining in the country to improve the quality of minerals and coal before being exported abroad. This study also discusses the paradigm of mining regulations in processing and refining since the mining law in post-independence to reformation. The results of this study indicate that there are still problems in …


Pemanfaatan Dan Perlindungan Hukum Terhadap Sumber Daya Air Dalam Perspektif Investasi Dan Kesejahteraan, Arindita Pratiwi 2022 Universitas Indonesia

Pemanfaatan Dan Perlindungan Hukum Terhadap Sumber Daya Air Dalam Perspektif Investasi Dan Kesejahteraan, Arindita Pratiwi

"Dharmasisya” Jurnal Program Magister Hukum FHUI

As a natural resource that can be renewed and is an unlimited energy, water has an important role in meeting the daily needs of humans and other living things, without water there would be no life. The presence of the state in managing water resources for the greatest welfare of the people is a manifestation of the state's control over water resources as mandated by Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia and is the state's obligation to fulfill the people's rights to water. In fulfilling the need for clean water for all its …


Cracks In The Clean Air Act: Fixing The Foundation Of Us Climate Policy, Emily Joshi-Powell 2022 Brooklyn Law School

Cracks In The Clean Air Act: Fixing The Foundation Of Us Climate Policy, Emily Joshi-Powell

Brooklyn Law Review

The urgent need to cool the atmosphere and slow the effects of climate change is evident all around us. However, half of Congress and large swaths of the American public are still not on board, and the highest Court in the land just knee-capped the EPA’s power to regulate effectively. This note looks at the implementation and amendment of the Clean Air Act and subsequent deviation from the Act’s bipartisan roots to its current highly political polarizing status. It then reviews twenty-first century caselaw affecting climate policy to highlight statutory and judicial barriers to progress. Culminating with the recent Supreme …


A Civil Shame: The Failure To Protect Due Process In Discretionary Immigration Bond Hearings, Stacy L. Brustin 2022 Brooklyn Law School

A Civil Shame: The Failure To Protect Due Process In Discretionary Immigration Bond Hearings, Stacy L. Brustin

Brooklyn Law Review

Over the last four years, the US Supreme Court has granted certiorari in four immigration bond review cases. The sheer number of cases the Court has recently considered underscores the significance of this area of immigration law. Each case centers on whether the Immigration and Nationality Act or the Constitution mandates a bond review hearing after prolonged detention. Yet these cases leave unresolved the issue of whether initial bond hearings themselves meet the due process threshold required of civil confinement proceedings. Federal circuit and district courts have addressed aspects of this question and found procedural due process violations. However, most …


Problematika Pengisian Jabatan Menteri Yang Membidangi Birokrasi Di Indonesia, Sultan Sorik, Siska Windu Natalia, Erma Yustiyah, Anang Dwiatmoko 2022 Faculty of Law, University of Indonesia

Problematika Pengisian Jabatan Menteri Yang Membidangi Birokrasi Di Indonesia, Sultan Sorik, Siska Windu Natalia, Erma Yustiyah, Anang Dwiatmoko

Jurnal Konstitusi & Demokrasi

This study examines the problems of filling ministerial positions in charge of the bureaucracy in Indonesia. The form of research used is normative juridical. From the research conducted, it was found that, 1) in the midst of the spirit of the State Civil Apparatus Law to implement the Merit System in human resource management, one of the important things that was forgotten was about filling in the ministerial positions in charge of bureaucracy, which is the spearhead of bureaucratic policy makers in Indonesia. Indonesia; 2) pressure from political parties was very influential in selecting ministers in the cabinet during the …


Automated Government For Vulnerable Citizens: Intermediating Rights, Sofia Ranchordás, Luisa Scarcella 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 …


A Jurisprudential Quilt Of Tribal Civil Jurisdiction: An Analysis Of Tribal Court Approaches To Determining Civil Adjudicatory Jurisdiction, Jacob Maiman-Stadtmauer 2022 Seattle University School of Law

A Jurisprudential Quilt Of Tribal Civil Jurisdiction: An Analysis Of Tribal Court Approaches To Determining Civil Adjudicatory Jurisdiction, Jacob Maiman-Stadtmauer

American Indian Law Journal

In 1998, Tammy Lang embezzled approximately $8,000 from the Ho-Chunk Nation’s child daycare. Lang was a non-Indianemployed by the tribe as the Director for the Ho-Chunk Nation’s Head Start program. However, instead of supporting the children of the tribe, she abused her position to steal the tribe’s money to start her own business. The FBI declined to prosecute Lang, and the Ho-Chunk Nation could not prosecute Lang. As a result, the Ho-Chunk Nation was left with few choices: it could let this injustice stand; it could attempt recovery in state or federal court, subjecting itself to the laws of another …


Education Administration In Federal Indian Law: Learning From A Colonial Project Turned Tool Of Liberation, Ariel Liberman, Douglas L. Waters Jr. 2022 Seattle University School of Law

Education Administration In Federal Indian Law: Learning From A Colonial Project Turned Tool Of Liberation, Ariel Liberman, Douglas L. Waters Jr.

American Indian Law Journal

While statistics tend to focus on the difficulties facing tribal education, this article endeavors to look at the matter with fresh eyes. The federal administrative paradigm governing tribal schools has gone from a tool of cultural genocide to a mechanism for empowerment. A survey of recent governmental reforms demonstrates an embrace of the diversity of Indigenous communities, an interest in empowering students through learning, and an acknowledgement of a history of active disenfranchisement. This is ever-evolving federal-tribal relationship shows the administrative state’s capacity for dealing with greatly nuanced community needs and for tailor-making reforms to achieve concrete goals, even if …


Administrative Law, Moses M. Tincher, Chelsea J. Harris 2022 Mercer University School of Law

Administrative Law, Moses M. Tincher, Chelsea J. Harris

Mercer Law Review

This Article surveys cases from the Supreme Court of Georgia and the Georgia Court of Appeals from June 1, 2021 through May 31, 2022, in which principles of administrative law were a central focus of the case. Review of decisions by administrative agencies will be the first topic discussed, followed by cases discussing discretionary appeals, followed by cases discussing procedural requirements, with scope of authority to follow. The Article will conclude with cases discussing statutory construction.


Conflicting Interests In Name And Pronoun Policies In K-12 School, Manni Jandernoa 2022 Saint Louis University School of Law

Conflicting Interests In Name And Pronoun Policies In K-12 School, Manni Jandernoa

SLU Law Journal Online

The year 2022 has brought a record number of proposed antitransgender legislation throughout the country. With an expanding amount of youths identifying as transgender and/or nonbinary, schools are continuing to grapple how to support these students while complying with the law. In this article, Manni Jandernoa discusses individual conflicting interests involved with respect to the application or lack of school name and pronoun policies.


Judicial And Legislative Development In The Field Of Administrative Contract Disputes And Its Adverse Impact On The Theory Of Dichotomy Of Administrative Decisions, Ali Yunus Ismail Dr., Muhammad Salim Amin Dr. 2022 university of duhok

Judicial And Legislative Development In The Field Of Administrative Contract Disputes And Its Adverse Impact On The Theory Of Dichotomy Of Administrative Decisions, Ali Yunus Ismail Dr., Muhammad Salim Amin Dr.

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

The study deals with the latest judicial and legislative developments in the field of administrative contract disputes, as both the judiciary and legislation, especially in France, worked to develop a number of solutions to confront problems that were facing the right of others to challenge the administrative contract, whether the issue related to previous acts to conclude the contract And paved for it, or in some subsequent acts on the implementation of the contract, and even in the validity of the contract itself.

Moreover, the study included an explanation of the modern French judicial position regarding opening the way for …


West Virginia V. Epa, Amanda Spear 2022 Alexander Blewett III School of Law at the University of Montana

West Virginia V. Epa, Amanda Spear

Public Land & Resources Law Review

The EPA created the Clean Power Plan in an effort to reduce the amount of greenhouse gas emissions generated by coal-fired power plants. The EPA determined that the Best System of Emission Reduction for existing coal-fired power plants included generation shifting methods, meaning a shift from coal to cleaner sources. The Supreme Court held, under the major questions doctrine, that Congress had not intended for the EPA to use generation shifting methods for the Best System of Emission Reduction and that the EPA had exceeded its authority in doing so. This note will explore how the decision may impact administrative …


W. Org. Res. Councils, Et Al. V. U.S. Bureau Of Land Mgmt., Sawyer J. Connelly 2022 Alexander Blewett III School of Law at the University of Montana

W. Org. Res. Councils, Et Al. V. U.S. Bureau Of Land Mgmt., Sawyer J. Connelly

Public Land & Resources Law Review

The United States District Court for the District of Montana granted Plaintiffs summary judgment against BLM and the State of Wyoming. The court ruled that BLM violated NEPA and the APA because it failed to consider alternative leasing programs and the broad downstream impacts of coal, oil, and gas leasing in two Powder River Basin resource management plans. This decision followed WORC I & II, in which the court remanded the same plans to BLM to correct deficiencies. Following BLM’s revisions, Plaintiffs again sued in this case, arguing the revisions were still deficient under NEPA.


Towards The Application Of Artificial Estimation By The Public Administration In Government Sectors, amira badr 2022 dr.amirabadr@hotmail.com

Towards The Application Of Artificial Estimation By The Public Administration In Government Sectors, Amira Badr

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

Due to the extraordinary emergency conditions that countries face and affect the performance of administrative authorities and their ability to provide services in public facilities, there is no doubt the emergency conditions that the world is witnessing at the present time, such as the Corona pandemic, has established the necessity towards the development of administrative authorities’ agencies for their digital utilities. And the use of artificial intelligence technologies and their development to enable them to make an administrative decision instead of the human employee.

Then the question arises: Can we, in light of the technological developments that we live now, …


The Application Scope Of Non-Performance Objection In Administrative Contracts: A Comparative Study, Dr. Ekramy Bassyoni Khattab 2022 Associate Professor in Constitutional and Administrative Law; Imam Mohamed ibn Saud Islamic University, Riyadh, Kingdom of Saudi Arabia

The Application Scope Of Non-Performance Objection In Administrative Contracts: A Comparative Study, Dr. Ekramy Bassyoni Khattab

UAEU Law Journal

Giving up of obligation from a contractor to fulfilling its obligation until the other partner done his opposite obligation; named by the Legal jurisprudential:" non-performance "objection.

This objection has been widely used in the civil contracts, but it isn't in the same in administrative contract, because of its private nature. This research will be talking about the problems which face the applying of this objection in administrative contracts, and how will we solving them? Comparing these problems between the Saudi legal system and the Egyptian legal system.

To achieve the aims of this research, the researcher divided it into a …


The Application Scope Of Non-Performance Objection In Administrative Contracts: A Comparative Study, Dr. Ekramy Bassyoni Khattab 2022 Associate Professor in Constitutional and Administrative Law; Imam Mohamed ibn Saud Islamic University, Riyadh, Kingdom of Saudi Arabia

The Application Scope Of Non-Performance Objection In Administrative Contracts: A Comparative Study, Dr. Ekramy Bassyoni Khattab

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

Giving up of obligation from a contractor to fulfilling its obligation until the other partner done his opposite obligation; named by the Legal jurisprudential:" non-performance "objection.

This objection has been widely used in the civil contracts, but it isn't in the same in administrative contract, because of its private nature. This research will be talking about the problems which face the applying of this objection in administrative contracts, and how will we solving them? Comparing these problems between the Saudi legal system and the Egyptian legal system.

To achieve the aims of this research, the researcher divided it into a …


Justice For All: Demanding Accessibility For Underrepresented Communities In The Law: A Roger Williams University Law Review, Roger Williams University School of Law 2022 Roger Williams University

Justice For All: Demanding Accessibility For Underrepresented Communities In The Law: A Roger Williams University Law Review, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


Digital Commons powered by bepress