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

Jurnal Hukum & Pembangunan

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Mental Illness, Probation, And Recidivism: Standardizing Uniform Mental Health Docket Legislation In Ohio, Holly Lloyd

Journal of Law and Health

The rise of Mental Illness diagnoses in the United States unique to the criminal justice system. Specifically in Ohio, individuals with mental illness diagnoses have increased within the criminal justice system leading to the implementation of the Mental Health Court Docket. The Mental Health Docket has led to a decrease in recidivism by providing Defendants with appropriate mental health treatment. Within Ohio there is no universal standard for individuals being admitted into the Docket which has led to inconsistencies throughout the State and restrictive clinical requirements like requiring a diagnosis with psychosis. These inconsistencies contribute to higher recidivism rates and …

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

Jurnal Hukum & Pembangunan

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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 …

Judgment By The Record: How The Eleventh Circuit Is Shaping Retail Litigation And Regulation, Susan L. Shin, Aubrianna L. Mierow

University of Miami Law Review

The Eleventh Circuit’s 2025 term reinforced a disciplined, text-driven approach to statutory and contractual interpretation and a firm demand for proof: the court vacated an FCC rule that restricted consent beyond what the Telephone Consumer Protection Act (TCPA) provides. It rejected a constitutional challenge to adjudication by the Office of the Chief Administrative Hearing Officer (OCAHO) while emphasizing the Attorney General’s supervisory role. It required plaintiffs alleging deception through promotional content to identify the specific communication at issue. It denied standing for credit file inaccuracies absent dissemination or real-world effect. It interpreted standard limitation clauses to preserve direct damages under …

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 …

It’S Getting Too “Messi”: The Pending Litigation That Should Lead Major League Soccer To Finally Abandon Its Single Entity Structure, Aaron Glas

University of Miami Law Review

Despite being the most popular sport worldwide, soccer has never attained that level of popularity in the United States, lagging significantly behind sports like football, basketball, and baseball. Major League Soccer (“MLS”) was founded in 1995 in an effort to establish a viable, long-term professional soccer league in the United States. It was structured as a single entity to keep costs low, promote an even playing field, and avoid costly antitrust suits brought by its players. The United States Soccer Federation (“USSF”) helped insulate the league from competition in its infancy, but MLS is now a completely different league from …

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 …

Against The Single-Subject Rule For The Citizen Initiative, Jonathan L. Marshfield

UF Law Faculty Publications

The citizen initiative allows voters to bypass state legislatures and propose laws for a statewide referendum. It exists in twenty-four states but has national significance because initiatives drive reform on contested issues. Recently, courts have begun to clamp down on the initiative. One significant trend is the strict enforcement of the single-subject rule to strike initiatives when they are considered too broad. Although courts are notoriously inconsistent with the rule, they assert two reasons for aggressive enforcement. First, they claim the rule’s historic purpose is to prevent any form of “logrolling”—including any imaginable aggregation of public-regarding voting blocs. Second, courts …

The Quiet Revival Of The Effective Vindication Of Rights Doctrine, Myriam Gilles

Fordham Law Review

The U.S. Supreme Court’s 2013 decision in American Express v. Italian Colors Restaurantwas widely seen as the death knell for the “effective vindication of rights” doctrine—a judicially created rule that arbitration agreements are enforceable only “so long as the prospective litigant effectively may vindicate its statutory cause of action in the arbitral forum.” By upholding a class action–banning arbitration provision that rendered arbitration economically irrational, Italian Colors appeared to extinguish any meaningful limits on the enforcement of arbitration agreements.

But reports of the doctrine’s demise were premature. This Article uncovers how, in the decade since Italian Colors, lower …

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 …

Reorganizing The Administrative State: Executive Ambition And Legislative Constraint, Jordan Graber

Fordham Law Review

Beginning in the 1930s, Congress enacted a series of statutes granting presidents the authority to initiate reorganizations of the administrative state. Under these reorganization statutes, the president determined any necessary changes in agency organization and submitted a reorganization proposal to Congress, which could approve or reject the plan. Over the next fifty years, the president and Congress worked cooperatively to promote the effective and efficient functioning of the administrative state.

Despite the successful reorganization initiatives undertaken pursuant to these statutes, Congress has not conferred reorganization authority on any president in the last four decades. As a result, the organization of …

A Meta-Analysis On Joinder Effects: Do They All Have The Same Magnitude?, Amelia M. Tisk

Student Theses

The present meta-analysis examined whether different forms of joinder and procedural consolidation produce varying levels of prejudice in adjudicative decision-making. Although joinder procedures improve judicial efficiency, psychological research has suggested that combining charges, defendants, or plaintiffs within a single proceeding may increase conviction likelihood, liability judgments, and broader perceptions of wrongdoing. A random-effects meta-analysis was conducted across 22 independent study effects examining charge joinder, defendant consolidation, plaintiff consolidation, multiple-complainant procedures, and related aggregation paradigms. Effect sizes were converted to Pearson’s r whenever possible. Overall, procedural aggregation produced a moderate effect on adjudicative outcomes, r = .27, 95% CI [.22, .32]. …

The Zoom Dock Is Worse Than A Cage: Remote Appearances From Jail Are Unconstitutional In Washington, Michael Mactaggert, Jeremiah Noonan

Seattle Journal for Social Justice

No abstract provided.

Revocation Reconsidered: Probation Advocacy Through A Litigation Lens, Shira M. Diner

Faculty Scholarship

Being found in violation of probation has dire consequences. The person found in violation can be imprisoned, upending them from their job, family, and community. Unlike incarceration after a criminal trial, a sentence after a violation of probation is not the result of a legal process characterized by robust due process protections. It is also often not the result of a forceful and thorough defense. It is instead the consequence of a hearing where lawyers with the fixed mindset of an inevitable finding of a violation don’t engage in the same preparation that they would if it was a trial. …

Putusan Arbitrase Asing Dapat Dibatalkan Di Indonesia, Tineke Teugeh Longdong

Jurnal Hukum & Pembangunan

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

Jurnal Hukum & Pembangunan

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

Jurnal Hukum & Pembangunan

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Menanti Lahirnya Undang-Undang Pinjaman Luar Negeri, Yuli Indrawati

Jurnal Hukum & Pembangunan

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

Jurnal Hukum & Pembangunan

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

Jurnal Hukum & Pembangunan

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

Jurnal Hukum & Pembangunan

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

Jurnal Hukum & Pembangunan

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

Jurnal Hukum & Pembangunan

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

Jurnal Hukum & Pembangunan

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Perbandingan Hukum Dan Pendidikan Hukum, Wahyono Darmabrata

Jurnal Hukum & Pembangunan

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Public Perceptions Of The Use Of Artificial Intelligence In Voir Dire, Carson Snyder

Honors Projects

Attorneys have increasingly utilized AI tools to improve efficiency, and one area of application is in jury selection, or voir dire. Public concerns involving AI can have negative implications on how the use of AI tools in voir dire would be received. This study seeks to answer how an attorney’s use of AI in voir dire impacts the public’s perception of the process. Previous research is limited, though findings relating to privacy being a leading concern, increased perception of risk for when error outcomes are more serious, and historical abuse of peremptory challenges outline potential reasons for public disapproval of …

Qualified Immunity: Emerging Fault Lines In The Eleventh Circuit, Ricky J. Marc

University of Miami Race & Social Justice Law Review

Qualified immunity operates as a central doctrine in federal civil rights litigation, defining the threshold between government accountability and official protection from suit. Within the Eleventh Circuit, this doctrine has developed into a highly structured yet fact-dependent framework that shapes litigation strategy and judicial outcomes. This article offers a comprehensive analysis of qualified immunity in the Eleventh Circuit from 2022 to 2025, drawing on recent precedents involving law enforcement officers and correctional officials. It examines the Circuit’s treatment of clearly established rights, the role of objective reasonableness in determining constitutional violations, and the evidentiary dynamics that influence summary judgment and …

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

Jurnal Hukum & Pembangunan

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