Digital Commons Network^™

Penggunaan Dasar-Dasar Analisa Kausal Dalam Penelitian Sosiologi Hukum Yang Non Doktriner, Ronny Hanitijo Soemitro, S.H.

Jurnal Hukum & Pembangunan

Abstract

Pensyaratan (Reservation) Dalam Perjanjian Internasional, Sri Setianingsih Suwardi, S.H.

Jurnal Hukum & Pembangunan

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Sistim Hukum Nasional Yang Akan Datang, Prof. Soebekti S.H.

Jurnal Hukum & Pembangunan

Abstract

What’S History Without Tradition?, Richard C. Osborne Iii

Catholic University Law Review

For many decades, the Establishment Clause had been a thorn in the Supreme Court’s side. Indeed, no other constitutional provision in recent memory has provided the Court with more trouble than the Establishment Clause. In its efforts to decide whether government conduct violated the Establishment Clause, the Court had applied no less than six tests. And as if that were not bad enough, many of these tests co-existed with one another, leaving government actors left to guess at their own peril which one controlled their fate.

But that officially changed when the Supreme Court decided Kennedy v. Bremerton School District …

Between Seminole Rock And A Hard(Er) Place: A New(Er) Approach To Agency Deference, Kevin O. Leske

Catholic University Law Review

In Loper Bright Enterprises v. Raimondo, the United States Supreme Court in 2024 overruled Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., ending the Chevron doctrine’s reign as the applicable rule for courts to use in reviewing agency interpretations of their authorizing statute. Although Chevron’s demise was no great surprise, the Court’s decision leaves myriad questions that may take decades to answer. The most pressing question is: what is now the precise standard that courts must apply to determine statutory meaning in these cases? But there is a related question that is equally important to our ever-changing …

The Flaws Of Bruen And The Principle Of The Second Amendment, Cameron Collins

Catholic University Law Review

With a six Justice majority, the Court is more conservative than it has been in ninety years. No time has been wasted as the conservative Justices take aim at legal precedents left over from a more progressive era on the Court. There being no prior test established by the highest Court to review legal challenges on Second Amendment grounds, the Court took the opportunity to write new precedent in New York State Rifle Pistol Association, Inc. v. Bruen. Rather than stick with the means-end scrutiny framework that had been developing in the circuit courts, the Supreme Court established a …

Materi Muatan Peraturan Perundang-Undangan, A. Hamid S. Attamimi, S.H.

Jurnal Hukum & Pembangunan

Abstract

Masalah "Harta Karun", Dedi Soemardi, S.H.

Jurnal Hukum & Pembangunan

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Negara-Negara Baru Dan Masalah Perjanjian Internasional Sehubungan Dengan Pergantian Negara, D. Sidik Suraputra

Jurnal Hukum & Pembangunan

Abstract

Hukum Dan Keluarga, Dr. Ny. T. O. Ihromi, S.H., M.A.

Jurnal Hukum & Pembangunan

Abstract

Prospek-Prospek Harmonisasi Hukum Di Lingkungan Negara-Negara Asean, Prof. Dr. Mr. Sudargo Gautama

Jurnal Hukum & Pembangunan

Abstract

Perkembangan Hak-Hak Jaminan Atas Tanah Di Negara Kita, Abdurahman Abdurahman

Jurnal Hukum & Pembangunan

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Surat Saham Sebagai Instrumen Pasar Modal Dan Permasalahannya, M. Irsan Nasaruddin

Jurnal Hukum & Pembangunan

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Pemanfaatan Sosiologi Untuk Pengembangan Ilmu Hukum, Satjipto Rahardjo

Jurnal Hukum & Pembangunan

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Pengenalan Mengenai Penggunaan Jurimetri Dalam Hukum, Ronny Hanitijo Soemitro

Jurnal Hukum & Pembangunan

Abstract

Pemutusan Hubungan Kerja Di Perusahaan Swasta Dalam Beberapa Kasus, Putu Putra

Jurnal Hukum & Pembangunan

Abstract

Praktek Pembebasan Tanah Di Dki Jakarta : Apa Dasar Hukumnya, Tonny Kartono, S.H.

Jurnal Hukum & Pembangunan

Abstract

Sebab-Sebab Perceraian Dan Akibat-Akibat Hukumnya Dalam Praktek Sejak Undang-Undang Perkawinan 1974, Detty Tangkudung, S.H.

Jurnal Hukum & Pembangunan

Abstract

Ganti Rugi Kecelakaan: Apa Yang Dapat Kita Ambil Sebagai Pelajaran Dari Pengalaman Selandia Baru, James C Clad

Jurnal Hukum & Pembangunan

Abstract

Masalah Penemuan Hukum Baik Dalam Hukum Pidana Maupun Hukum Perdata, Bismar Siregar, S.H.

Jurnal Hukum & Pembangunan

Abstract

Masalah Tanggung Jawab Pada Chapter Pesawat Udara, E. Suherman S.H.

Jurnal Hukum & Pembangunan

Abstract

Standing In The Shadows: Member Anonymity In Associational Standing Cases, Mitchell Brost

Pepperdine Law Review

Associational standing serves several benefits for plaintiff members: associations often have expertise in a certain field that guides the representation of their members, they have greater resources that allow them to bring lawsuits in the first place, and they can serve as the public face of the lawsuit to shield the plaintiff member from serious retaliation that may result from bringing the claim. But due to some imprecise language in Justice Scalia’s majority opinion in Summers v. Earth Island Institute, circuit courts are divided over whether associational members can remain anonymous at all. Thus, individuals who have legitimate legal claims, …

Jealously Guarded: The Right To Trial By Jury In Federal Court Under California’S Unruh Civil Rights Act, Denis Bogatin

Pepperdine Law Review

Since California adopted heightened pleading standards for high-frequency litigants alleging violations of the Unruh Act in state court, federal district courts have seen a surge of ADA and Unruh Act claims filed together to secure subject matter jurisdiction. Most courts dismissed the Unruh claims under their discretionary authority under 28 U.S.C. § 1367, but they remained divided on whether plaintiffs in these cases have a right to jury trial—statutory or constitutional. In 2025, the Ninth Circuit resolved part of the split in In re Tsay, holding that the Unruh Act provides a constitutional right to a jury trial because it …

The Power To Declare Peace, Michael Stokes Paulsen

Pepperdine Law Review

The Constitution gives Congress the power “to declare War.” The meaning of that grant of power is much debated, but its converse is much neglected: To whom does the Constitution assign the power to declare peace? This Article comprehensively examines the Constitution’s various assignments of the power(s) to make peace—constitutional powers to end, as a practical matter and as a binding legal matter, a prior legal condition of war. Both the President and Congress possess several such powers. The President has the power, with the advice and consent of two-thirds of the Senate, to make treaties, including peace treaties that …

Outbound Investment Restrictions And International Law’S Challenge, Harlan Grant Cohen

Seattle University Law Review

The Outbound Investment Rule, restricting U.S. investment in certain Chinese advanced technology sectors, has largely been portrayed as an incremental measure, a modest extension to fill loopholes in the existing investment screening regime. But while perhaps the logical next step in the securitization of the economy, the Outbound Investment Rule actually reflects a momentous shift in the relationship between governments and business, one playing out in the United States and around the world and worth attention. Unlike traditional investment screening, the Outbound Investment Rule operates like a sanctions regime, designed not to protect the U.S. economy, but to hamper the …

Resilient Dispute Resolution Systems For International Energy Conflicts, Guillermo J. Garcia Sanchez

Seattle University Law Review

Energy-related conflicts are on the rise, spanning diverse issues such as the impacts of rare mineral mining on local communities, the impacts of sanctions on energy investments due to the Russia-Ukraine war, and the impacts of expanded subsidies on the electric vehicle and solar panel industries. Increasingly, companies, communities, and governments are clashing over the challenges of pursuing disparate and sometimes competing energy policies. This Article argues that dispute resolution mechanisms in the energy investment sector must be fundamentally rethought. Traditional semi-adjudicatory models, which focus on winners and losers, fail to accommodate the complex and multifaceted nature of contemporary energy …

Restricting Data Flows Is A Sign Of Weakness, Nikolas Guggenberger

Seattle University Law Review

There has been a seismic shift in American attitudes toward the free flow of data across borders.  In less than a decade, the United States has transitioned from condemning barriers to digital trade to constructing a digital fortress of its own. It passed legislation requiring TikTok’s parent company to divest its U.S. operations or face a nationwide ban affecting 170 million U.S. users, citing national security concerns about its ties to China and the potential for data surveillance and content manipulation. Upon legal challenge by TikTok on First Amendment grounds, the Supreme Court affirmed the ban’s constitutionality. Recent federal legislation …

Product Nationality And Corporate Identity, Trang (Mae) Nguyen

Seattle University Law Review

Global supply chains have long depended on a deceptively technical device: the attribution of a “nationality” to goods. A trade law principle, rules of origin assign products an “economic passport” that governs how they are treated at the border, including what markets they may enter and which tariff rates apply. In recent years, however, product nationality has taken on a new and far more ambitious role. As U.S. trade policy increasingly intersects with national security and human rights policy, policymakers rely on nationality-based measures to police supply chain linkages, curb geopolitical issues, and discipline firms for their links to forced …

Global Supply Chain Resilience In Emerging Technologies: A Case Study Of Bitcoin Mining, Kishanthi Parella, Carla L. Reyes

Seattle University Law Review

The United States has put into motion bold plans in critical and emerging technologies to bolster its national and economic security.  For example, the federal government created a national bitcoin strategic reserve and a stockpile of other cryptocurrency; while several states have committed to or are considering similar goals.  However, the security of these reserves is dependent on two types of supply chains within the Bitcoin mining industry: analogue supply chains, relating to the physical components needed for Bitcoin mining, and data supply chains, relating to the complex and layered logistical network of actors that create input into the software …

Third-Party Funding: Balancing Transparency, National Security, And Access To Justice, Victoria Shannon Sahani

Seattle University Law Review

Many lawmakers who have recently become aware of the multi-billion-dollar global third-party funding industry are raising new national security concerns that further complicate preexisting, longstanding debates about transparency, disclosure, access to justice, and the best way to regulate third-party funding. In response, this Article briefly asserts three main points relating to the question of how best to regulate third-party funding. First, this Article explains the third-party funding industry, including its global regulatory landscape and how it serves three distinct populations: consumers, businesses, and law firms. Second, this Article explains that third-party funding is one tool that can help expand access …