Civil Law Commons^™

Police Or Pirates? Reforming Washington's Civil Asset Forfeiture System, Jasmin Chigbrow

Washington Law Review

Civil asset forfeiture laws permit police officers to seize property they suspect is connected to criminal activity and sell or retain the property for the police department’s use. In many states, including Washington, civil forfeiture occurs independent of any criminal case—many property owners are never charged with the offense police allege occurred. Because the government is not required to file criminal charges, property owners facing civil forfeiture lack the constitutional safeguards normally guaranteed to defendants in the criminal justice system: the right to an attorney, the presumption of innocence, the government’s burden to prove its case beyond a reasonable doubt, …

Civil Procedure Update 2021: New Mexico Annual Judicial Conclave, Verónica Gonzales-Zamora

Faculty Scholarship

These materials are part of a presentation on civil procedure given to magistrate, district, appellate, and tribal court judges, justices, and staff attorneys in New Mexico courts. These materials include the language of approved and proposed amendments to the state and federal rules of civil procedure as well as summaries of relevant appellate cases issued by the New Mexico Supreme Court and Court of Appeals, the Supreme Court of the United States, and the Supreme Court of the Navajo Nation between May 1, 2021 to September 1, 2021.

The Role Of Expropriation Clauses In Protection And Promotion Of Foreign Investments In Renewable Energy: An Essential But Overlooked Legal Consideration, Moosa Akefi Ghaziani, Mohammad Akefi Ghaziani

Indonesia Law Review

Today the world is tackling climate change. The global threat of energy poverty along with the growing need for energy has escalated this crisis. The promotion of renewable energy sources is widely known as the main solution to this challenge. Many International and regional agreements address various aspects of renewable energy development such as trade, transit, security, and investment. Foreign investment is recognised as a crucial prerequisite for the global deployment of renewable energy, since not all States have the financial and technological potentials to develop this sector. Various investment agreements are signed to facilitate and promote investments. These instruments …

A Study On The Legal Status Of Removal Costs Of Oil Pollution From Ship Under Chinese Maritime Law, Weipeng Zhang

Maritime Safety & Environment Management Dissertations (Dalian)

No abstract provided.

The Alt-Right Movement And National Security, Matthew Valasik, Shannon E. Reid

The US Army War College Quarterly: Parameters

Identifying the January 6 insurrection at the US Capitol as an inflection point, this article analyzes the historical relationship between White supremacy and the US military from Reconstruction after the Civil War to the present. The article posits causes for the disproportionate number of current and former members of the military associated with White power groups and proposes steps the Department of Defense can take to combat the problems posed by the association of the US military with these groups.

Constitutional Court Landscape Post - Arab Spring: A Survey Of Design, Dane Kirchoff-Foster

Indiana Journal of Constitutional Design

This is a case study seeking to survey the landscape of constitutional courts in the MENA region after the Arab Spring. To accomplish this, the case study identifies the traditional functions of constitutional courts, then analyzes the design features present in post-Arab Spring constitutional courts to determine how and to what extent these design features help – or hinder – each court in fulfilling its traditional functions. Analysis of design features will focus on (1) which (and how many) constitutional matters the court is empowered to decide (court jurisdiction), (2) the processes by which a court is presented a …

A Day At The Races In Black And White: How An 1898 Horse Race Led To A Whipping, A Lawsuit, And A 1901 Arrest, John A. Drobnicki

Publications and Research

After losing an 1898 horse race in the Bronx, New York, African-American jockey Alonzo ‘Lonnie’ Clayton, who had won the Kentucky Derby in 1892 at the age of fifteen, heard an insult from the crowd along the rail and struck a white spectator from Brooklyn across the face with his riding whip. The blow resulted in a two hundred dollar fine by the track stewards, but ultimately led to a civil trial, a financial judgment against Clayton that he ignored, and then an arrest and incarceration for non-payment of the judgment, which some writers mistakenly still claim was for race-fixing. …

Personal Data Privacy And Protective Federal Legislation: An Exploration Of Constituent Position On The Need For Legislation To Control Data Reliant Organizations Collecting And Monetizing Internet-Obtained Personal Data, Giovanni De Meo

Dissertations

In the past twenty years, the business of online personal data collection has grown at the same rapid pace as the internet itself, fostering a multibillion-dollar personal data collection and commercialization industry. Unlike many other large industries, there has been no major federal legislation enacted to monitor or control the activities of organizations dealing in this flourishing industry. The combination of these factors together with the lack of prior research encouraged this research designed to understand how much voters know about this topic and whether there is interest in seeing legislation enacted to protect individual personal data privacy.

To address …

23rd Annual Open Government Summit: Access To Public Records Act, Open Meetings Act Powerpoint Presentation 07-30-2021, Office Of Attorney General State Of Rhode Island, Peter F. Neronha

School of Law Conferences, Lectures & Events

No abstract provided.

23rd Annual Open Government Summit: Attorney General State Of Rhode Island : Access To Public Records Act & Open Meetings Act July 30, 2021, Office Of The Attorney General State Of Rhode Island

School of Law Conferences, Lectures & Events

No abstract provided.

Civil Liability For Unconventional Damages In Maritime Accidents: A Comparative Study Between The Egyptian And Emirati Legislations, Dr. Abdul-Rahman Salem

UAEU Law Journal

Maritime accidents in general, and non-traditional ones in particular, occupy an important rank among other types of accidents due to the evolution of the role of the machine, including ships, as well as the scientific development of the marine field and the surrounding environment, and we will focus our research on non-traditional marine accidents. Trying to establish an appropriate definition thereof, defining their scope, limiting their species and types of the damages resulting from them, whether related to the marine environment or other environments or human in any of them.

Then we try to find a suitable legal basis for …

Analisis Yuridis Pemutusan Kontrak Kerjasama Pengadaan Barang Atau Jasa Secara Sepihak Antara Kontraktor Kontrak Kerjasama Industri Hulu Minyak Dan Gas Dengan Pelaksana Kontrak, Satria Winisuddha

"Dharmasisya” Jurnal Program Magister Hukum FHUI

in the implementation of services in a procurement contract for goods or service, parties that require services and goods are represented by the Pejabat Pembuat Komitmen (PPK), while the parties that provide the goods or services are called vendors. In the particular case of the Upstream Oil and Gas Industry, the ones who act as the Pejabat Pembuat Komitmen are the Cooperative Contract Contractor, What is meant by a Cooperative Contractor is that the company are the ones producing the upstream oil and gas. The process of agreement between the contractor and the contract executor must begin with agreement between …

Kewenangan Pelaksanaan Perizinan Investasi Oleh Pemerintah Daerah Berdasarkan Peraturan Perundang-Undangan

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Peraturan perundangan- undangan Indonesia terhadap Pemerintahan daerah telah menganut sistem desentralisasi yang mana daerah telah mendapatkan kewenangan yang lebih besar untuk mengatur sendiri pemerintahannya, Adapun kewenangan propinsi, Kabupaten dan Kota, berdasarkan Pasal 13 dan Pasal 14 UU No 23 Tahun 2014, dapat digolongkan kepada urusan wajib yang menjadi kewenangan pemerintahan daerah dan urusan pemerintahan yang bersifat pilihan. Dalam pengaturannya setidaknya terdapat 31 sektor pemerintahan yang merupakan urusan pemerintahan yang di- desentralisasikan ke daerah baik yang terkait dengan urusan yang bersifat wajib untuk menyelenggarakan pelayanan dasar maupun urusan yang bersifat pilihan untuk menyelenggarakan pengembangan sektor ekonomi yang menjadi unggulan dari daerah. …

Akibat Hukum Yang Ditimbulkan Oleh Masa Depan Organisasi Perdagangan Regional, Rossa Amanda Santika

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Regional Trade Agreements (RTAs) are a prominent future of multilateral trading system. The number of RTAs has been increasing and this trend will be further strengthened by the many RTAs being proposed and those currently under negotiation the impasse in the Doha Round exacerbates the gap between the preferential and the MFN paths to trade liberalization. The proliferation of RTAs presents WTO Members with challenges and opportunities; the promotion of free trade through preferential agreements can foster trade liberalization and benefit economic development by integrating developing countries into the world economy; yet the development of complex networks of non-MFN trade …

Pencabutan Hak Memilih Dan Dipilih Terhadap Narapidana Tindak Pidana Korupsi Dalam Jabatan Publik, Rona Puspita

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The phenomenon of the proliferation of public officials and political figures who have been caught up in corruption cases has caused enough efforts by law enforcement officials to stop it. Article 10 letter b number 1 of the Criminal Code states that additional sanctions can be in the form of revocation of certain rights. This study aims to determine the regulation regarding revocation of the right to vote and be elected in public office as an additional crime for perpetrators of corruption in terms of human rights perspective. This research used descriptive analytical, which describes the facts in the form …

Implikasi Mengenai Pencabutan Peraturan Menteri Dalam Negeri Nomor 27 Tahun 2009 Tentang Pedoman Penetapan Izin Gangguan Di Daerah Sebagaimana Telah Diubah Dengan Peraturan Menteri Dalam Negeri Nomor 22 Tahun 2016 Terhadap Peraturan Daerah Provinsi Dki Jakarta Nomor 15 Tahun 2011 Tentang Perizinan Tempat Usaha Berdasarkan Undang-Undang Gangguan

"Dharmasisya” Jurnal Program Magister Hukum FHUI

On March 29 2017, the Government issued a regulation of the Minister of Home Affairs of Republic of Indonesia Number 19 of 2017 concerning the revocation of regulation of the Minister of Home Affairs Number 27 of 2009 about the Guidelines for Determination of Disturbance Permit in Regions that were approved as amended by Minister of Home Affairs Regulation Number 27 of 2009 about Guidelines Establishment of Disturbance Permit in the Regions. The Government assesses that regulation of the Minister of Home Affairs Number 27 of 2009 on the guidelines for the Establishment of Disturbance Permit in the Region is …

Implikasi Undang-Undang Nomor 30 Tahun 2014 Tentang Administrasi Pemerintahan Terhadap Upaya Hukum Luar Biasa Dalam Sengketa Pertanahan, Rini Wulandari

"Dharmasisya” Jurnal Program Magister Hukum FHUI

As stated in the Constitution of the Republic of Indonesia that the Indonesian state is a state based on the rule of law (rechtstaat). Indonesia as a state of law tends to be positivist, by creating laws and regulations as one of the fundamental instruments in running the country. The government regulates and restricts officials as well as citizens to act through legislation in order to materialize the country's goals. These restrictions are intended so that the authorities do not act arbitrarily because it has the potential in causing legal uncertainty and threats to justice acquired by the citizens. Meanwhile, …

Hilangnya Mh370: Tanggung Jawab Maskapai Penerbangan Dalam Prespektif Konvensi Warsawa Dan Konvensi Montreal, Rian Fachmi Tobing

"Dharmasisya” Jurnal Program Magister Hukum FHUI

This research aims to know whether Malaysia Airlines MH370 accident investigation authority has been in accordance with the provisions of International Law. The type of research was normative and prescriptive. The approach used statute approach and case approach. The source of this research are primary data source and secondary data source, while data collection techniques using literature techniques. Based on the study of the research, the result of observation is, in International Law aircraft accident investigation regulated in Chicago Convention 1944 on Annex 13 Aircraft Accident and Incident Investigation. When the plane crashed at high seas, the state of registry …

Implikasi Yuridis Dalam Pembayaran Tagihan Tenaga Listrik Yang Tidak Sesuai Pemakaian Akibat Kerusakan Alat Pengukur Dan Pembatas, Retnowulan Sopiyani

"Dharmasisya” Jurnal Program Magister Hukum FHUI

One of the rights and obligations of consumers and also PLN which is regulated by the Power Purchase Agreement (SPJBTL) is to pay electricity bills. The amount of electricity bills issued by PLN must comply with energy consumption, which is measured by the Limiting and Measuring Devices (APP). The problem occurs when there is damage to the APP, so it can not work as it should. As a results there is a mismatch between the energy used and measured. So that both parties could potentially suffer losses due to more or less electricity bills. Losses due to loss of energy …

Tanggung Jawab Pengusaha Dan Pekerja Dalam Penerapan K3 Pada Proyek Konstruksi Ditinjau Dari Pelaksanaan Hak Dan Kewajiban Para Pihak, Rahadian Ratry

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Occupational Health and Safety is a matter that must be considered by all parties in a company. The implementation of this program is an effort to protect employees from the risks of work hazards and their impacts. Occupational Health and Safety is one of the supporting factors in increasing company productivity and the welfare of its employees. But there are still many people and companies, especially in the field of construction, who have not been aware of and adequately equipped about the importance of occupational health and safety in Indonesia. The parties, workers and employers, have the rights and obligations …