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A Case For United States V. Connolly: The Forgotten Posterchild Of Protecting Corporate Employees’ Rights During Internal Investigations And Why It Should Be The Standard, Not The Exception, William Marment

Brooklyn Journal of Corporate, Financial & Commercial Law

In May 2019, United States v. Connolly provided a benchmark for government involvement in corporate internal investigations. The decision curtailed the close, and oftentimes coercive nature of the relationship between the prosecutor and corporate counsel conducting internal investigations on a corporation’s behalf. It drew a line between the government improperly outsourcing its investigation to the target corporation and when an employee’s statements are not fairly attributable to government prosecutors, and thus not compelled. The Connolly Court ruled that statements from counsel-led employee interviews, conducted under the threat of termination, were fairly attributable to the government and thus improperly compelled. Those …

Jenis-Jenis Putusan Hakim Dalam Perkara Pidana (Suatu Catatan Tentang Pembaruan Kuhap), M. Hamdan

Jurnal Hukum & Pembangunan

Abstract

Peranan Negara Dan Hukum Dalam Memberantas Kemiskinan Dengan Mewujudkan Kesejahteraan Umum, Yohanes Suhardin

Jurnal Hukum & Pembangunan

Abstract

Norma Kesusilaan Sebagai Batasan Pornografi Menurut Undang-Undang No. 44 Tahun 2008, Hwian Christianto

Jurnal Hukum & Pembangunan

Abstract

U.S. V. Washington: Considering The Continuing Injunction Of The Boldt Decision, Nicholas Brown

Public Land & Resources Law Review

Judge George Hugo Boldt’s 1974 opinion in United States v. Washington was a landmark decision in the recognition of treaty fishing rights for tribes in western Washington. Not only did it recognize the entitlement to 50% of harvestable yields of fish within the tribes’ usual and accustomed fishing sites, but it also provided a permanent injunction to protect future fishing rights for generations to come. Now, over fifty years since the original “Boldt decision” was made, judges in the Ninth Circuit are debating whether the continued injunction to litigate intertribal disputes over treaty fishing rights is proper. This article considers …

Western Watersheds Project V. Schultz, Cv 22-149-M-Dlc-Kld, 2025 Lx 449507, 2025 Wl 2410283 (D. Mont. Mar. 27, 2025), Luke A. Zagar

Public Land & Resources Law Review

Western Watersheds Project v. Schultz delineates what the Forest Service is required to consider for revising Allotment Management Plans as prescribed by NEPA. Environmental plaintiffs sued, arguing that the Forest Service’s reliance on an older baseline assessment was arbitrary and capricious and that the revised AMP failed to consider major impacts on the grizzly bear population. The District of Montana held that the reliance on an older baseline assessment was acceptable but simultaneously found the AMP to be arbitrary and capricious under the “hard look” standard.

San Luis Obispo Coastkeeper V. Cnty. Of San Luis Obispo, 161 F.4th 590 (9th Cir. 2025), Erika C. Rader

Public Land & Resources Law Review

In San Luis Obispo Coastkeeper v. Cnty. of San Luis Obispo, the Ninth Circuit addressed how to consider a mandatory preliminary injunction for an Endangered Species Act claim when multiple listed species may be affected by the requested relief. The Plaintiffs brought ESA and state law claims to compel the County of San Luis Obispo to change its operation of the Lopez Dam on Arroyo Grande Creek, which they claimed adversely affected South-Central California Coast steelhead trout. The tidewater goby and California red-legged frog, both listed species, are also present in Arroyo Grande Creek. The Ninth Circuit determined the …

Unleashing Consultation: Tohono O’Odham Nation V. Department Of Interior And The Case For Reforming The National Historic Preservation Act, Elizabeth Tobey

Public Land & Resources Law Review

The Ninth Circuit’s 2025 decision in Tohono O’odham Nation v. Department of Interior highlights an ongoing failure by federal land management agencies to consult meaningfully with tribal nations as mandated by the 1966 National Historic Preservation Act. This article argues that the NHPA’s framework for tribal consultation enables federal land management agencies to sidestep meaningful engagement with tribes, undermining both cultural resource protection and the federal Indian trust responsibility. To address these deficiencies—particularly in the context of renewable energy development on federal public lands, directly at issue in Tohono O’odham Nation—this article proposes amendments to the NHPA informed by …

Wilderness Watch V. U.S. Forest Service, No. Cv 23-133-M-Dwm, 2025 Wl 2985292 (D. Mont. Oct. 23, 2025)., Gardner Dee

Public Land & Resources Law Review

This comment argues that the District of Montana’s decision in Wilderness Watch v. U.S. Forest Service correctly applied the Ninth Circuit’s Kofa framework to strike down a multi-agency native trout restoration project in the Absaroka-Beartooth Wilderness, holding that the Forest Service unlawfully prioritized Yellowstone cutthroat trout conservation over the Wilderness Act’s mandate to preserve wilderness character. Dee further contends that while large wilderness watersheds offer valuable climate refugia for native coldwater fish, watershed-scale restoration projects will continue to conflict with the Act’s prohibitions on motorized and mechanized intrusions so long as agencies rely on helicopter transport and rotenone application at …

Powers V. Dist. Ct., 142 Nev. Adv. Op. 35 (May 14, 2026), Luis Dorantes

Nevada Supreme Court Summaries

NRS 629.620 is unconstitutional and of no effect to the extent that it conflicts with NRCP 35 in governing court-ordered mental and physical examinations during civil discovery.

When The Second Amendment Meets The Third Dimension: Bruen In The Age Of 3d-Printed Firearms, Andrew Touma

Duke Journal of Constitutional Law & Public Policy Sidebar

3D-printed firearms pose a serious threat to the public by allowing individuals to circumvent traditional regulatory safeguards. Although the first shot from a 3D-printed firearm was over a decade ago, these weapons continue to exploit gaps in the federal regulatory scheme. In the meantime, state governments have adopted a variety of approaches to regulating 3D-printed firearms. As 3D printing pushes firearms technology into the future, the Supreme Court's decision in New York State Rifle & Pistol Ass'n v. Bruen directs Second Amendment doctrine to look to history, leaving questions over whether a decidedly historical methodology could effectively adapt to technological …

Don't Ask, Don't Tell, Don't Possess: Mapping A Potential Second Amendment Challenge To 18 U.S. Code § 922(G)(6), Emil Zakarian

Duke Journal of Constitutional Law & Public Policy Sidebar

For decades, the United States military discharged LGBTQ+ service members based on their sexual orientation, often assigning discharge characterizations that carry enduring legal consequences. One overlooked consequence arises under 18 U.S.C. § 922(g)(6), which prohibits individuals discharged "under dishonorable conditions" from possessing firearms. Although this provision has received limited judicial scrutiny, the Supreme Court's decision in New York State Rifle & Pistol Ass'n v. Bruen calls its constitutionality into question by requiring that modern firearm regulations be consistent with the Nation's historical tradition of regulation.

This Note argues that § 922(g)(6) is constitutionally vulnerable as applied to veterans discharged solely …

It's In The Money: The Independent Federal Reserve, Kathrynne E. Curtis

Duke Journal of Constitutional Law & Public Policy Sidebar

The case at the heart of the current controversy involves the President's firing of a Federal Reserve Governor against a backdrop of crumbling precedent. The backbone of administrative agency independence, Humphrey's Executor, awaits the Supreme Court's judgment. Therefore, distinguishing the Federal Reserve—responsible for controlling monetary policy and setting interest rates—has never been more pressing. This Note argues that the Federal Reserve can be meaningfully distinguished on a historical basis, as the Court suggests in Trump v. Wilcox, by reference to its family tree: the First and Second National Banks. Precedent and the fallout from lapses in the early …

Kebijakan Pertanahan Dalam Undang-Undang Nomor 25 Tahun 2007 Tentang Penanaman Modal, Arie S. Hutagalung

Jurnal Hukum & Pembangunan

Abstract

Shadows, Not Substance: Trump V. United States, Presidential Criminal Immunity, And Bribery, Lennon Greco

Buffalo Law Review

No abstract provided.

Praktek Pembebanan Dan Pelaksanaan Eksekusi Hak Tanggungan Di Indonesia, Prof. Ny. Arie S. Hutagalung

Jurnal Hukum & Pembangunan

Abstract

Budaya Malu, Budaya Salah, Dan Budaya Hukum, Mura P. Hutagalung

Jurnal Hukum & Pembangunan

Abstract

Originalism, Official History, And Perspectives Versus Methodologies, Keith N. Hylton

Faculty Scholarship

This paper addresses a well-worn topic: originalism, the theory that judges should interpret the U.S. Constitution in a manner consistent with the intent of its framers. I am interested in the real-world effects of originalism. The primary effect advanced by originalists is the tendency of the approach to constrain the discretion of judges. However, I identify another effect of originalism: the creation of official histories, a practice that imposes a hidden tax on society. Another question I consider is whether originalism should be considered a methodology of analyzing the law or a perspective on the law; I argue that originalism …

"For Their Effectual Exclusion": Oregon, Racial Exclusion, And Citizenship In The Mid-Nineteenth Century, Riley M. Littleton

Honors Theses

In light of Oregon’s admission to the Union as the only state to receive congressional approval with a racial exclusion clause in its constitution, this project seeks to examine the constitutional and cultural thought that ultimately led to the stamp of approval on the thirty-third state. In the past, Missouri had attempted a similar maneuver, seeking to bar free Black Americans from entry; Congress had not allowed it, believing that the provision violated the U.S. Constitution’s Privileges and Immunities Clause. This project investigates what changed congressional opinion between Missouri and Oregon’s respective times.

In researching contemporary literature to understand local …

Conceptualising Economic Negative Constitutionalism: A Case Study Of The Israeli Supreme Court, Lilach Litor

Journal of Law and Public Policy

Social rights, such as the right to live with dignity, are included in universal treaties. Nevertheless, many constitutional documents and jurisdictions do not recognize social rights or tend to limit their scope.

The paper discusses this phenomenon in relation to two distinct approaches to constitutionalism—economic negative constitutionalism and positive social constitutionalism. The former tends not to recognize social rights as constitutional rights, while the latter posits that the state is under an obligation to actively recognize their constitutional status and provide wide protection for them. Economic negative constitutionalism could also be characterized as recognizing only a limited scope of social …

Children, Clicks, And Constitutional Blind Spots: The First Amendment And The Regulation Of Social Media For Minors, Pepper Miller

Mercer Law Review

“A fundamental principle of the First Amendment is that all persons have access to places where they can speak and listen, and then, after reflection, speak and listen once more.” This oft-quoted maxim from Packingham v. North Carolina has become a touchstone for the wave of litigation challenging state laws that restrict minors’ access to social media platforms. But, in the rapidly advancing age of social media, should the principle still stand that all persons, specifically minors, are entitled to unfettered access to such novel spaces where they can speak and listen? Underpinning the discussion of this issue lies “a …

Eye In The Sky: The Eleventh Circuit Allows Warrantless Surveillance Of The Home Via Pole Cameras In United States V. Gregory, John T. Roberts

Mercer Law Review

What does “search” mean? Defining the word seems simple enough, yet, courts have struggled to provide a consistent answer under Fourth Amendment jurisprudence. This difficulty has only been exacerbated by rapidly advancing technological innovations in the field of surveillance. Specifically, courts across the country are split on whether long-term surveillance of an individual’s home via a pole camera is considered a search under the Fourth Amendment.

In United States v. Gregory, the United States Court of Appeals for the Eleventh Circuit addressed this issue head on, holding that surveillance of this kind is not considered a search under the Fourth …

Real, Not Rhetorical: Children’S Rights As The Strongest Constitutional Defense Of Obergefell Against Religious-Liberty Challenges, Tanya Washington

Mercer Law Review

Justice Kennedy’s decision to center adults’ rights in the Obergefell majority opinion—despite his awareness of children’s legal vulnerabilities—created space for Justice Thomas, in his Davis statement, to ignore children altogether and to reframe the constitutional question as a clash between adults’ rights: the right to marry and to be free from discrimination versus the right to exercise one’s religious beliefs and to refuse to engage in conduct that abrogate those beliefs. This distorted constitutional framing eclipses entirely the rights of children in same-sex families and the concrete harms they will face if their parents are barred from marrying—harms that provide …

Finally, A Fair Shot: Supreme Court Shoots Down The Moment-Of-Threat Doctrine In Barnes V. Felix, Noah Ring

Mercer Law Review

The Framers designed America’s legal system with the belief that no one, not even the government, is above the law. The right to hold government officials accountable before a court reflects the Framers’ vision that justice resides in the people themselves. Unfortunately, countless citizens who suffer excessive force are barred from presenting their stories to the jury. Nowhere is the clash between liberty and authority more visible than in encounters between police and citizens. Every day, those who wear the badge are forced to make difficult judgment calls in volatile situations.

In 2024, 147 officers lost their lives in the …

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

Jurnal Hukum & Pembangunan

Abstract

High-Caliber Tensions: Implications Of Florida’S Medical Marijuana Program On The Right To Keep And Bear Arms, George Bell, Kate E. Altman

University of Miami Law Review

What is more valuable—the right to protect yourself, or the right to seek medical treatment? Presently, law abiding Floridians must choose between the two. Because the Bureau of Alcohol, Tobacco and Firearms (“ATF”) classifies medical marijuana patients as “unlawful drug users,” Floridians enrolled in the State’s medical marijuana scheme are prohibited from lawfully owning firearms. A lawsuit currently pending before the Eleventh Circuit Court of Appeals seeks to address this constitutional conflict. This Article discusses that lawsuit, the legal framework in which it’s proceeding, and how courts may decide the appropriate balance between such fundamental questions.

What’S The Difference Without Deference: How The Eleventh Circuit Stopped Deferring To The Sentencing Commission And Shaped A New Landscape Of Federal Sentencing, Katherine Howard, Conrad Kahn

University of Miami Law Review

The Sentencing Guidelines shape nearly every federal sentence. Judges must calculate and consider the Guidelines’ recommended range before deciding how long someone goes to prison. For decades, though, courts treated the Sentencing Commission’s commentary about the Guidelines as controlling—even when the guideline’s text was clear and unambiguous.

That changed with United States v. Dupree. Sitting en banc, the Eleventh Circuit held that the Supreme Court’s decision in Kisor v. Wilkie—which limits when courts may defer to an agency’s interpretation of its own rules—applies to the Sentencing Guidelines. After Dupree, courts may not defer to the commentary unless, …

First Amendment Forum Classification: Special Use Permits, Limited Public Forums, And The “Heckler’S Veto”, Elizabeth Price Foley

University of Miami Law Review

Pride Month is an important event in many communities because it celebrates and enhances the visibility of the LGBTQ+ community. Pridefest events occurring during Pride Month are well-attended but often mired by threats of violence. Such threats are often targeted at Pridefest drag shows, which exhibit gender-bending performances by drag queens and drag kings of one biological sex, who wear extravagant costumes that exaggerate gender stereotypes of the opposite biological sex. In Naples Pride, Inc. v. City of Naples, the Eleventh Circuit addressed whether a government may impose conditions on such drag shows when threats have been levied against …

The Circuit Court Interim Docket, Jeffrey Paul Desousa, Casey Witte, Jacob Eisler

University of Miami Law Review

While there has been increased interest in the Supreme Court’s use of emergency applications to decide substantive legal questions on an interim basis (sometimes called, controversially, the “shadow docket,” or sometimes the “emergency docket,” though more aptly labeled the “interim docket”), equivalent practices at the appellate level have largely been overlooked. Yet these practices—the use of stays, injunctions, and similar urgent interventions against trial court rulings—have significant parallels to their Supreme Court counterparts. This Article sheds light on the courts of appeals’ interim practice, with a focus on the Eleventh Circuit. It first reviews the procedures that govern interim practice …

From Claiborne To Climate: Anti-Esg Boycott Legislation And Corporate First Amendment Rights, Ingrid Tjendro

Fordham Law Review Online

Since 2021, at least twenty-one states have enacted laws targeting financial institutions and companies that incorporate environmental, social, and governance (ESG) considerations into their business practices. This Comment examines the First Amendment implications of one specific category of such legislation—state anti-ESG boycott statutes—and argues that they constitute an unconstitutional suppression of protected corporate speech and association.

Drawing on traditional anti-boycott jurisprudence, including NAACP v. Claiborne Hardware Co. and Rumsfeld v. Forum for Academic and Institutional Rights, Inc., and the circuit split over anti-Israel boycott legislation, this Comment centers on the recent decision in American Sustainable Business Council v. Hegar …