Digital Commons Network^™

Homelessness In The Caribbean: From Colonial Roots To Rights-Based Responses, Wilmy Dessalines, Tamar Ezer, Gabriela Valentín Diaz

University of Miami International and Comparative Law Review

This Article provides an analysis of homelessness across four Caribbean localities—the Dominican Republic, Haiti, Jamaica, and Puerto Rico. Each locality brings a diverse history connected to colonial legacies and realities from Spain, France, the United Kingdom, and the United States. They capture a cross-section of the Caribbean and reveal that homelessness is shaped by legal and governance systems rooted in colonial inheritance that promote exclusion over social protection: from vagrancy laws that regulate presence in public space to land systems that legalize dispossession and facilitate displacement. Laws punishing vagrancy and life-sustaining activities serve as instruments of social control that systematically …

Police Accountability For Racial Justice And Equality: A Human Rights Analysis Of Perceptions Of Police Legitimacy In Orlando, Florida, Katherine Wilson Mccoy, R. Denisse Córdova Montes

University of Miami International and Comparative Law Review

The murder of George Floyd marked a watershed moment in the global fight against racism. In response, the United Nations Human Rights Council adopted Resolution 43/1, calling for a comprehensive report on systemic racism and human rights violations against Africans and people of African descent by law enforcement. Despite this increased scrutiny, legislators have increasingly used laws to police poverty. Florida House Bill 1365 went into effect on October 1, 2024, prohibiting public camping and sleeping on public property without authorization. Critics argue that such measures disproportionately target marginalized groups by criminalizing life-sustaining activities. Research suggests that repeated interactions, especially …

Pembeli Beritikad Baik Dalam Konteks Jual Beli Menurut Ketentuan Hukum Indonesia, Arie S. Hutagalung, Suparjo Sujadi

Jurnal Hukum & Pembangunan

Abstract

Foreign Judgments In U.S. Courts, Yanbai Andrea Wang

Fordham Law Review

American law on foreign judgments is at an inflection point. For over a century, the doctrine has been shaped by concerns about outgoing U.S. judgments seeking asset collection in the civil law countries of continental Europe. But shifting trade flows and changing litigation tactics have carved a new landscape, demanding a return to foreign judgments law’s conceptual and doctrinal underpinnings. This Article first maps the new landscape, in which China is rapidly rising as a foremost foreign judgments interlocutor. Meanwhile, litigants are increasingly pursuing parallel litigation in multiple countries. The impact of incoming judgments and the interactions between related litigations …

Nonmarriage? Rethinking Religious Marriage In Modern States, Shahar Lifshitz

Cardozo Law Review

This Article examines the civil regulation of religious marriage in liberal democracies. While legal scholarship has extensively explored nonmarital intimate relationships, it has paid comparatively little attention to couples who regard themselves as married under religious law without corresponding civil status, as well as couples who remain religiously married following a civil divorce. These arrangements, prevalent among religious minorities such as Orthodox Jews and Muslims, often generate significant legal and personal harms, including exclusion from civil protections, economic vulnerability, and constrained exit from intimate relationships.

This Article develops a structured analytical framework grounded in three liberal perspectives. The individual-rights perspective …

Adjudicating Fake News, Filippo Lancieri, Caio Mario Da Silva Pereira Neto, Rodrigo Moura Karolczak, Barbara Marchiori De Assis

Georgetown Law Faculty Publications and Other Works

On July 30, 2025, U.S. President Donald Trump imposed 50% tariffs on imports from Brazil and sanctioned a sitting Brazilian Supreme Court Justice, both partially because of Brazil’s online content moderation decisions. This is an extreme, but not an isolated event: worldwide, legislators and regulators struggle to craft public policies that address problems of disinformation and online harassment while protecting the freedom of expression—leading to increasing international confrontations. One key question in content moderation is content adjudication—or who is responsible for deciding what type of speech violates the law and should be taken down (or not). This article contributes to …

Supreme Court And Presidentialism: When Judges Stand In The President’S Way, Michael Procopio Avelar

LL.M. Essays & Theses

This article examines the conditions under which constitutional courts are able to resist executive attempts at institutional capture during periods of democratic erosion. Instead of concentrating on the mechanisms through which courts are attacked, it focuses on how courts effectively behave in the long term when operating under sustained political pressure. The central claim is that judicial resistance cannot be explained solely by formal institutional design or by a general commitment to constitutional principles. It depends on the interaction of three variables: judicial replaceability, external support, and enforcement capacity.

The article develops a typology of judicial responses to executive aggrandizement, …

Men’S Courts Or Women’S Laws? Domestic Violence, Men’S Rights Activism, And The Specter Of False Cases, Arushi Gupta

LL.M. Essays & Theses

In the late 1970s and early 1980s, Indian newspapers and magazines began reporting stories of domestic abuse in matrimonial homes ranging from women subjected to dowry demands, beatings, everyday mistreatment, financial control, expulsion from the home, and even being burnt to death. Feminists recognized this as an urgent issue to respond to as these reports highlighted that domestic violence is endemic. Everybody knew a victim. Their own mothers, sisters, friends and, in some cases, they themselves were facing violence within marriage. The lobbying of women’s groups helped prompt the passage of Section 498A in 1983, which criminalized cruelty against women …

U.S. Shareholder Activism: Convergence With Japan, Nobuhisa Ishizuka

Faculty Scholarship

To many observers long accustomed to slow, incremental change, the current boom in shareholder activism in Japan comes as a surprise. The opening for U.S.-style activists was created by market conditions that eventually resulted in policy changes that attracted significant numbers of foreign investors. However, even the current market would not have emerged without a parallel evolution in U.S. hedge-fund tactics, which gradually shifted over a number of years to a sophisticated and more nuanced approach, one based on partnership and dialogue with target companies, in contrast to adversarial relationships and public campaigns. This article attempts to place current trends …

Ex Aequo Et Bono In Indonesian Legal Practice: An Explorative Study And Critique Against Current Understanding Of The Term, Tristam Pascal Moeliono

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

Doctrinal uncertainty persists regarding the extent to which judges in Indonesia may adjudicate on the basis of equity and fairness, particularly in relation to requests for decisions grounded in ex aequo et bono. This issue is especially evident in civil proceedings, where such requests are frequently articulated in pleadings and closing statements. Drawing on an analysis of regulatory frameworks and judicial practice, and employing normative and comparative legal approaches, it is argued that adjudication grounded in equity—conceptually linked to fairness, propriety, and broader considerations of justice—constitutes an inherent component of judicial obligation in Indonesia. At the same time, requests …

The Role Of Music Publishers In Managing Copyright In Musical Works In Indonesia: A Legal Analysis, Diana Silfiani

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

This study aims to examine music publishers as managers of song and music copyrights in Indonesia. Although music publishers are legally recognized as part of the rights holders, in practice they demonstrate distinct and broader characteristics, functions, and roles compared to other rights holders. Due to the absence of clear and comprehensive regulations under Indonesian law, this study compares the legal framework governing music publishers in Indonesia with those in the United States and South Korea to seek comparable regulations. The analysis adopts a qualitative approach, using normative juridical research and a prescriptive typology to propose alternative solutions to the …

The Legal Status Of Indonesia-China Joint Statement 2024 And Its Legal Implications For Unclos Under The Law Of Treaties, Amanda Christie, Diajeng Wulan Christianti

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

The legal standing of joint statements in international law remains contested, particularly with respect to their qualification as treaties under the Vienna Convention on the Law of Treaties. This issue has become increasingly relevant following the 2024 Joint Statement between Indonesia and China on Advancing the Comprehensive Strategic Partnership and the China-Indonesia Community with a Shared Future. Despite its political framing, item nine, which contains a provision on joint development in areas described as overlapping claims in the South China Sea, raises critical legal concerns that the implications may constitute a legally binding treaty. This article employs a doctrinal legal …

Implementation Of The Administrative Dispute Resolution System For Citizens' Legal Protection In Indonesia After The Enactment Of Law Number 30 Of 2014 On Government Administration, Ayi Solehudin, Zainal Muttaqin, Dewi Kania Sugiharti

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

The integrated administrative dispute resolution system in Indonesia positions Administrative Proceedings as the primum remedium and the State Administrative Court as the ultimum remedium. This system is intended to provide comprehensive legal protection for citizens. However, in practice, it can lead to prolonged and ineffective dispute resolution processes, thereby limiting citizens' access to defend their rights before the the Administrative Court. This study analyses an effective integrated state administrative dispute resolution system that ensures legal protection for citizens. The legal issues addressed include the regulation of Administrative Proceedings within the integrated state administrative dispute resolution system following the enactment …

Improving Judicial Reasoning In Constitutional Rights Cases: The Case For A Structured Proportionality Test In The Indonesian Constitutional Court, Muhamad Dzadit Taqwa

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

This study evaluates the structured proportionality test modelled after the German approach. It argues that the Indonesian Constitutional Court should adopt this test when reviewing statutory limitations on constitutional rights under the amended 1945 Constitution. While the structurally weak protection of constitutional rights in the Constitution provides the contextual motivation for this inquiry, the central focus is instrumental: to assess the benefits and challenges of proportionality as a tool for improving judicial reasoning in constitutional rights adjudication. The analysis identifies three key benefits, including enhanced problem identification, improved justification of legislative limitations, and strengthened methodological rigor in judicial decision-making. At …

Putusan Arbitrase Asing Dapat Dibatalkan Di Indonesia, Tineke Teugeh Longdong

Jurnal Hukum & Pembangunan

Abstract

Dimensi Hukum Tentang Penanganan Ketertiban Di Dki Jakarta, Mura P. Hutagalung

Jurnal Hukum & Pembangunan

Abstract

Pelaksanaan Azas·Azas Pemilu Dalam Undang-Undang Pemilu (Studi Kasus Dki Jakarta Tahun 1987), Abdu! Bari Azed

Jurnal Hukum & Pembangunan

Abstract

Menanti Lahirnya Undang-Undang Pinjaman Luar Negeri, Yuli Indrawati

Jurnal Hukum & Pembangunan

Abstract

Mereposisi Hubungan Yudikatif Dengan Eksekutif Dan Legislatif Dalam Konteks Amandemen Uud 1945, Abdul Bari Azed

Jurnal Hukum & Pembangunan

Abstract

Pembatasan Hak Presiden Untuk Menuangkan Kebijakannya Melalui Pembuatan Keppres, Heri Tjandrasari

Jurnal Hukum & Pembangunan

Abstract

Efektivitas Dan Reorientasi Sistem Pendidikan Dalam Menciptakan Aparat Penegak Hukum Yang Terpercaya Dan Profesional, M. Hamdan

Jurnal Hukum & Pembangunan

Abstract

Peranan Ketentuan More Valuable Right (Mfr) Pasal Vii (I) Dalam Pelaksanaan Konvensi New York 1958, Tineke Tuegeh Longdong

Jurnal Hukum & Pembangunan

Abstract

Masalah-Masalah Kewarganegaraan Dalam Konteks Perubahan Uu Tentang Kewarganegaraan Ri, Abdul Bari Azed

Jurnal Hukum & Pembangunan

Abstract

Penerapan Lembaga "Rechtsverwerking” Untuk Mengatasi Kelemahan Sistem Publikasi Negatif Dalam Pendaftaran Tanah, Arie S. Hutagalung

Jurnal Hukum & Pembangunan

Abstract

Perbandingan Hukum Dan Pendidikan Hukum, Wahyono Darmabrata

Jurnal Hukum & Pembangunan

Abstract

It's The Night Of The Living Deepfakes: The Threat Of Deepfakes On The Film Industry, Neki Shero

DePaul Business & Commercial Law Journal

No abstract provided.

Front Matter

DePaul Business & Commercial Law Journal

No abstract provided.

Force Majeure And Economic Hardship Under Uae Law, Myrna Saad

Proche-Orient, Études juridiques

The recent COVID-19 pandemic has sparked a renewed interest in the concepts of force majeure and economic hardship, which both deal with unforeseen and unavoidable events disrupting the performance of a contract. Despite many overlapping features between the two concepts, major divergences exist, both in conditions and effects. This article examines how force majeure and hardship are approached in the UAE Civil Transactions Code by analyzing their constitutive elements and comparing their consequences on contract performance and liability.

Les Conditions Générales De Formation Du Contrat Dans La Jurisprudence Libanaise : L’Objet, La Cause, Les Vices Du Consentement, Samia Nassar Asmar

Proche-Orient, Études juridiques

The general conditions for the formation of the contract in the Lebanese case law The Lebanese lawmaker enacted the general conditions for the formation of the contract in Articles 186 and following of the Code of Obligations and Contracts. However, here as elsewhere, the legislative work had to be supplemented by case law. The analysis of the case law relating to the substantive conditions required for the formation of the contract, has allowed to identify the most significant points of litigation in this area, to list the solutions given by the courts and to infer their general guidelines. The Lebanese …

Penanggulangan Masalah Preman Ditinjau Dari Sudut Politik Kriminil, M. Hamdan

Jurnal Hukum & Pembangunan

Abstract