Digital Commons Network^™

Usaha Negara Dalam Menghadapi Kerusakan Lingkungan Hidup Yang Terjadi Di Luar Yurisdiksi Nasional, Leonardo Bernard

Jurnal Hukum & Pembangunan

Abstract

Splitting Shores: Comparative Analysis Of Italy’S And Spain’S Reactions To Immigration, William E. Montgomery V

International and Global Studies Undergraduate Honors Theses

The divergence in public immigration sentiment between Italy and Spain, two countries with striking historical, geographic, and demographic similarities, is seen as a mystery for popular theoretical frameworks. Although both nations transitioned from net emigration to net immigration beginning in the 1970s and 1980s, Italy has consistently exhibited more negative attitudes toward immigration relative to the European average, while Spain has seen sustained improvement in immigration sentiment despite receiving immigrants at historically unprecedented levels. Employing a Most Similar Systems Design and drawing on quantitative demographic and survey data, primary legislative texts, and secondary scholarly literature, this thesis tests Group Threat …

The Return To Autochthonous Law, Grant Christensen

University of Chicago Law Review

This Book Review examines the significance of Professor David E. Wilkins’s (Lumbee Nation) newest book Indigenous Governance: Clans, Constitutions, and Consent. It suggests that Wilkins has produced a critically important collection of primary sources related to the origins of tribal government and that his contribution could not come at a better time within the discipline of Indian Law.

This Book Review takes the position that Indian Law is seeing the emergence of a fourth wave of scholarship that recenters the conversation from tribal self-determination as a means of decolonization to one embracing the autochthonous powers of tribes themselves. It is …

The Unfairness Of Fairness: Legal Architecture For Polarized Media, Alim Ulbashev

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

Place, Democracy, Law, And The Necessity Of Local News, Erin C. Carroll

Georgetown Law Faculty Publications and Other Works

In 2025, the painter Amy Sherald pulled her show American Sublime from the Smithsonian after the museum considered removing a painting of a transgender Statue of Liberty to avoid angering President Trump. The Baltimore Museum of Art stepped in, and it was important that it did. American Sublime needs to be seen in person. It comprises dozens of portraits of Black Americans—a farmer, a bicyclist, a balloon-holder, a child on a playground slide. The portraits are dignified, beautiful, warm, and alluring. They are, in a word, human.

In the gallery, the paintings were hung low on the walls to increase …

Place, Democracy, Rule Of Law, And The Necessity Of Local News, Erin C. Carroll

University of the Pacific Law Review

No abstract provided.

Immigration Related Stress As A Social Determinants Of Health Among Immigrants In Santa Cruz County, Jose Manuel Martinez

Capstone Projects and Master's Theses

Immigration related stress is a major public health issue for undocumented immigrants and mixed status families. That is linked towards the social determinants of health associated with mental health, stress, and disparities. This capstone project was implemented at Santa Cruz County Immigration Project, a program within the Community Action Board in Watsonville, California, that provides legal assistance and support towards the community. The purpose of this project was to evaluate & analyze collected data from clients feedback through bilingual surveys & intake forms that were distributed in person, email, text, and QR code. A total of 50 surveys were collected, …

The Bankruptcy Code's Missing Link: How The Undefined "Executory Contract" Quandary Is Leaving Land Sales And Bankruptcy Courts In Limbo, Abby Ponder

Northern Illinois University Law Review

Arguably the most convoluted concept lurking within bankruptcy law is that of the "executory contract" which may be found within section 365 of the bankruptcy code. Since its inception in 1978, this section has been dubbed one of the most "psychedelic" areas of American jurisprudence. The phantasmagoric nature of this section largely derives from Congress declining to provide a definition within the Code for executory contracts. Already rife with confusion and contradiction, the missing definition of executory contract, which comes under section 365, represents a significant "missing link" of understanding for bankruptcy courts in ruling on land sale contracts. Bankruptcy …

The Fourth Amendment And Geofence Warrants: Safeguarding Geofencing's Constitutionality Through Particularity And Reasonableness, Mathias Lang

The University of New Hampshire Law Review

Geofencing, a location-based investigative technique that uses digital mapping to identify individuals within a defined geographic area, has become an increasingly common yet constitutionally contentious tool for law enforcement. Federal courts remain deeply divided on whether geofence warrants comport with the Fourth Amendment. The Fifth Circuit has held that such warrants constitute unconstitutional general warrants, while the Fourth Circuit has concluded that they do not even amount to searches under the third-party doctrine. This circuit split exposes a broader tension between technological innovation and foundational constitutional privacy protections.

This Article argues that geofence warrants should be treated as searches subject …

Environmental Movements In El Paso And Ciudad Juarez: Possibilities And Limitations Of Cross-Border Organization At The U.S.-Mexico Border, Vanessa Maria Almada

Open Access Theses & Dissertations

At the U.S.-Mexico border, the anthropogenic and nationalistic construction of the landscape has accelerated urbanization and unequal development without establishing effective binational institutions for governance over a shared commons. Borderlanders, then, contest unsustainable development with the added complexity of navigating a barrier which creates diverse socioeconomic and political realities that challenge cross-border cooperation. This qualitative research analyzes environmental organizations in El Paso and Ciudad Juarez. Through ethnographic study of mobilization in response to environmental legislation and administrative action in each city, the immediate barriers to cross-border cooperation and limitations of nationalistic institutions in the borderlands can be better understood.

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 …

Public Opinion And State Abortion Policy, Gender, Age, And Ideology: Agreement With Dobbs Vs. Jackson Women’S Health Organization (2022), Jack Mcroberts

Bates College Undergraduate Law Review

No abstract provided.

Groundwater Laws And Regulations: Survey Of Twenty-One U.S. States, Rebekah Acosta-Hueston, Abigail Adkins, Khadija Alibhai, Olivia Alland, Matthew C. Allen, Dan Archibald, Jeffrey Berk, John Broussard, Justin Cias, Bradford Eckhart, Blakely Fahning, Jackson Field, Michael Flores, Ellen Earl Gillis, Emma Golightly, Merrick Hayashi, David Hernandez, Kate Keithley, Matthew Maslanka, Erin Milliken, Lucas Mylet, Abigail Nichols, James O’Donnell, James Osteen, Connor Pabich, Cheryl Patterson, Rhyan Phillips, Sarah Rathmell, Margaret Reed, Laura Smith, Kelsi Sorrells, Brooke Thoendel, Ani Tookoian, Sandhya Wagle, Margaret Ward, Mackenzie Watson, Carolyn Wheeler, Ashley Wilde

EENRS Program Reports & Publications

This report constitutes the third and final volume in an ongoing project designed to explore and articulate the groundwater quantity laws and regulations of all fifty U.S. states that could then be used for comparative research. This particular report presents surveys for twenty-one states from across the country. The first volume featured thirteen state surveys while the second volume contained sixteen additional state surveys. Both can be found on the project website at: https://www.law.tamu.edu/US-Groundwater-Laws.

Professor Gabriel Eckstein at Texas A&M University School of Law and Professor Amy Hardberger at Texas Tech University School of Law developed an analytical rubric …

Beberapa Catatan Tentang Persoalan Sipadan-Ligitan Serta Masalah Terkait Lainnya Dengan Implementasi Negara Kepulauan, Ir. Adi Sumardiman

Jurnal Hukum & Pembangunan

Abstract

The Legal Framework Of Carbon Trading In The Perspective Of Climate Law: A Comparative Study Of Global Warming Mitigation Strategies Between Indonesia And Brazil, Istikhomah Istikhomah, Laella Millinia

Indonesian Journal of Environmental Law

This study examines the legal framework of carbon trading, focusing on a comparative analysis of global warming mitigation strategies in Indonesia and Brazil. Using a normative juridical method, this research analyzes legal instruments, policies, and international commitments that shape carbon trading mechanisms in both countries. The primary issue explored is the effectiveness of regulatory frameworks in facilitating carbon trading to mitigate climate change while ensuring environmental sustainability and economic growth. Both Indonesia and Brazil have established carbon trading regulations in line with their commitments under the Paris Agreement. However, their implementation strategies differ significantly. Indonesia employs a regulatory based approach …

Global South Sacrifices: Climate Law Implications On Ambitious Nickel Extractions In Indonesia, Sarah Yessie Hana Monica, Nadine Fakhira Putri Ravanti

Indonesian Journal of Environmental Law

Excessive demands for nickel have prompted massive mining extractions. The global north fascination towards the luscious natural resources owned by the global south has prompted visible environmental degradations. As one of the major global south exporters, Indonesia is bearing the ecological challenges. A smelting furnace in Sulawesi explodes, killing 21 people and injuring 38 others whilst the disposal of heavy metals pollutes the rivers. The 1945 Constitution intended national resources to build the economy with sustainability aspect must also be borne in mind, which was made adamant in the national commitment on Law Number 32 of 2009. This article analyzes …

Stop Preventing Prevention: Securing Minors' Access To Hiv Care, Sarah Steadman

Health Matrix: The Journal of Law-Medicine

A troubling state legislative trend is emerging, marked by regressive restrictions on minors’ sexual health care autonomy, which increases their risk of HIV infection. This trend aligns with the current political hostility towards access to reproductive health care, including minors’ access to contraceptives. Access to HIV preventive care may become collateral damage as politicized parental control legislation aims to roll back established norms that recognized the public health imperative of allowing minorsto independently consent to sexual health care, including HIV testing and treatment, thereby encouraging their uptake. This backsliding is occurring as rates of HIV infection among youth are unacceptably …

The American Samoan Oxymoron: The Noncitizen National And The Meaning Of Citizenship, Craig R. Shagin, Delaram Rezaeikhonakdar

UC Law Constitutional Quarterly

This article examines the legal distinction between U.S. citizens and noncitizen nationals, with a particular focus on American Samoa. While residents of other U.S. territories—such as Guam, Puerto Rico, and the U.S. Virgin Islands—are granted U.S. citizenship by legislation, American Samoa remains the only unincorporated U.S. territory whose inhabitants are recognized as nationals but not citizens. This distinction results in significant political disabilities for American Samoans even when residing in a state, as they may not vote, hold public office, or serve on juries. The article argues that there is no substantive distinction between “citizen” and “noncitizen national” beyond the …

Climate Change And The Reconfiguration Of Arctic Access, Charles H. Norchi, Amanda H. Lynch

Faculty Publications

The Arctic is warming faster than any other region on Earth, with surface air temperatures increasing at a rate nearly four times the global average.1 This amplification of global change has been reshaping the Arctic for decades, altering sea ice extent and thickness, snow regimes, permafrost stability, and hydrological systems. Against this backdrop, a persistent narrative has taken hold that the diminishing cryosphere2 is setting the table for opportunity: opening the Arctic to navigation, development, and exploitation. But this thaw renders the Arctic neither benign nor uniformly accessible. The region remains frozen for most of the year, dark for months …

Systemic Failure And Synthetic Abuse: Regulating Nonconsensual Deepfakes Under The Take It Down Act, Chisomeme Nwuda

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Alberta’S Creation: A Historical And Legal Analysis, Kent Mcneil

Articles & Book Chapters

The provinces of Alberta and Saskatchewan were created out of the Northwest Territories, a part of Canada owned and governed by the federal government.  In order to understand the context and implications of Alberta’s potential secession from Canada, it is necessary to examine the history of the region and discuss the law that may be relevant to this question.

On The “Storied” History And Sustained Impact Of A Thriving Social Justice Journal, Mario L. Barnes

University of Miami Race & Social Justice Law Review

No abstract provided.

Applications Of Suas Thermal Imaging And Lidar At Letort Spring Garden Preserve: An Independent Study, Kelsey Wardell

Harrisburg University Other Works

No abstract provided.

Public Budget Laws And Economic Performance In The Uae, Carole Ibrahim

Proche-Orient, Études juridiques

This paper aims to examine the impact of the public budget laws implemented in the UAE on the country’s economic performance, by studying the relationship between government spending and the country’s economic activity during the last four decades. The results show that since 2001, government spending has strongly impacted the non-oil economic growth. These results can be explained by the implementation of the “Program and Performance-based Budgeting” method, the medium-term budget cycle, and the functional classification of the government expenditures.

Endowmentball, Doron Narotzki

Northwestern Journal of Law & Social Policy

This Article presents a policy and a structural response to a national capacity failure in American higher education: the concentration of endowment wealth in a handful of elite institutions, while most colleges, those that educate the majority of Americans, including most low-income, first-generation, and underrepresented students, operate under permanent financial constraint, and remain drastically underfunded. This imbalance carries a profound social cost. It weakens equity, limits inclusion, and undermines the promise of upward mobility that higher education is supposed to deliver.

The proposed framework introduces a progressive excise tax on endowment investment returns, scaled by per-student wealth. Universities with excessive …

From Cowboys To Corner Crossers: Reviving The Unlawful Inclosures Act To Protect Public Land Access, Brittany Kjerstad Mcknight, Ryan Mcknight

Cleveland State Law Review

As disputes over public land access intensify, “corner crossing” (the act of stepping from one parcel of public land to another at a shared corner with private property) has ignited legal and political battles across the West. At stake is not just the meaning of trespass, but the public’s right to enjoy land it lawfully owns. This Article argues that corner crossing is lawful and should be recognized as such under existing property law principles. It situates the modern corner-crossing controversy within a broader historical and doctrinal framework, tracing its roots to the Unlawful Inclosures Act of 1885 and the …

Rural Mass Incarceration And The Politics Of Punitiveness, Gregory Brazeal

Maryland Law Review

No abstract provided.

Which Place Governs A Placeless Place: Predicting Jurisdiction In The Metaverse, Morrease Leftwich

University of Miami Business Law Review

Oliver Wendell Holmes’s famous characterization of legal study as “prediction” takes on renewed significance as courts confront novel jurisdictional questions in blockchain cases, particularly as technological innovation accelerates and transforms the digital landscape. Among these developments is the metaverse, which combines blockchain financial technology with early visions of the internet as a distinct realm for social interaction.

Concrete problems already emerging in these immersive environments underscore the stakes: Platform‑engineered anonymity and scale make user‑to‑user harms effectively unpoliceable, what recent work calls the “veil of scale,” frustrating redress even when laws apply. Amid this difficulty in identifying bad actors, scholars have …

The Body At The Mercy Of The State: Sama V. Hannigan And The Fragmented Right To Refuse Across State Lines, Mallory Yeates

UC Law Constitutional Quarterly

Courts have long recognized bodily autonomy as a core constitutional value. Yet, doctrine governing reproductive healthcare tells a different story. Sama v. Hannigan exposes the fragility of the right to refuse medical treatment, particularly for incarcerated patients whose claims must survive the demanding standard of qualified immunity. When physicians removed Carrie Rahat Sama’s ovary despite her explicit refusal, her constitutional claim failed because no precedent with sufficiently similar facts had previously condemned such conduct. This case reveals how the “clearly established” prong of qualified immunity can foreclose redress for blatant violations of autonomy.

This Note argues that the viability of …

Eighty Years Of Gubernatorial Commutations In Ohio Death Penalty Cases: A Retrospective, Dale A. Baich

Akron Law Review

No abstract provided.