Digital Commons Network^™

Globalisasi Hukum Dalam Pluralisme Hukum Modern, Sulistyowati Irianto

The Indonesian Journal of Socio-Legal Studies

This article revisits the concept of legal pluralism, which continues to evolve alongside society and all its complexities. Knowledge of legal pluralism evolves in line with societal changes identified through scientific research and activities. Over the past two decades, developments have drawn attention to the globalisation of law, leading to the concept of modern legal pluralism. The intertwining and mutual influences, as well as the adoptions and reproductions, resulting from encounters between legal systems have become increasingly complex due to the presence of international and transnational law. This is particularly significant in the areas of human rights, democracy, clean governance …

Editorial Foreword Ijsls Volume 5 Number 1, Sulistyowati Irianto

The Indonesian Journal of Socio-Legal Studies

This edition marks the end of 2025 and presents articles on seemingly unrelated themes but reveal various aspects of our current legal system and society. In several countries, including Indonesia, autocratic legalism has emerged as a governing practice. Indonesia's political elite do not obey the law, but instead change and manipulate the law in the name of the people to legitimise their power. Various policies continue to be enacted without a scientific basis or evidence-based data, and without considering their impact on people, especially the poor and vulnerable. State institutions are also systematically weakened because they operate without opposition when …

More Than Peyote: Trauma, Healing, And The Politics Of Indigenous Cultural Survival In The Age Of Psychedelic Colonialism, Christine Diindiisi Mccleave

Indigenous Studies

This dissertation examines the intersection of peyote religion, historical trauma, and the emergent psychedelic movement through a critical Indigenous lens. Centering peyote as both a sacred medicine and a symbolic flashpoint, the study highlights how contemporary psychedelic policy, practice, and commercialization perpetuate settler-colonial paradigms and threaten Indigenous cultural survival. While mainstream narratives frame psychedelics as tools for healing, this research emphasizes how such framing often obscures deeper histories of dispossession, cultural appropriation, and epistemic violence. Using a mixed-methods approach, including 50 anonymous survey responses, 13 qualitative interviews, and a 6-person focus group, this study amplifies the voices of tribal citizens …

The Law Of Energy Abundance, Alexandra B. Klass, Matthew Appel

North Carolina Law Review

No abstract provided.

The Legal Invincibility Of Exclusionary Zoning And The Inevitability Of A Housing Shortage In The Old North State, Joel E. Gillison

North Carolina Law Review

No abstract provided.

Memory Delayed Is Justice Denied: Why North Carolina Should Amend Its Statute Of Limitations For Child Sexual Abuse Cases, L. Casey Buttke

North Carolina Law Review

No abstract provided.

The Pragmatic Mechanisms In King Salman Bin Abdulaziz Al Saud's Discourse: A Pragmatic Analysis Of The Shura Council Speech (Third Year - Eighth Session), Hejab Bin Mohammad Alqahtani

University of Tabuk Journal for Humanities and Social Sciences

This study aims to analyze the royal speech delivered by King Salman bin Abdulaziz Al Saud at the opening of the third year of the eighth session of the Shura Council (1444H), through a pragmatic lens that reveals the underlying structure of political language in the Saudi context. It adopts a pragmatic discourse analysis approach, focusing on speech acts, deixis, presuppositions, implicatures, and argumentation, supported by quantitative representation. The findings indicate the strategic use of pragmatic tools in the speech: seventeen speech acts, fifteen deictic expressions, nine presuppositions, six implicatures, and eleven instances of argumentation. This reflects a deliberate and …

Feedback Loops: Fly On The Wall, Patrick Barry

Articles

I recently turned to an interesting source to get some feedback on the way I communicate when leading meetings and speaking to large groups: artificial intelligence (AI) tools. Born into a family of fast-talking New Yorkers who don’t always wait for you to finish your thoughts before they jump in with theirs (my mom grew up in Manhattan and my dad grew up in Long Island), I recently realized that I have developed what the linguist Deborah Tannen calls a “high-involvement” conversation style, especially when I take the lead in meetings or teach my classes. I nod as other people …

Purpose And Nonprofit Enterprise, Cathy Hwang, Dorothy S. Lund

Faculty Scholarship

Nonprofit enterprise is responsible for a large share of economic activity across the globe. And yet, leading theories fail to explain why nonprofit business survives and even thrives across a vast number of industries, ranging from artificial intelligence to beer brewing, despite an absence of shareholder control. Indeed, as shareholder ownership and intervention rights have become the core component of successful corporate governance, this success is all the more surprising.

This Essay offers a novel “purposeful enterprise” theory to explain the puzzling success of nonprofit enterprises. Drawing on research in behavioral economics and organizational science, it argues that organizational purpose …

Enabling Injustice: Slapps, Democratic Values, And The Price Of Truth, Costantino Grasso

Buffalo Law Review

Conventional analysis of Strategic Lawsuits Against Public Participation (SLAPPs) often focuses on the promise of recent procedural reforms, including recent U.S. state-level reforms, the 2024 E.U. Anti-SLAPP Directive, the U.K. government’s 2025 SLAPP Bill, and related measures in the Economic Crime and Corporate Transparency Act. This Article argues that these legislative responses, introduced amid growing international concern, still leave structural vulnerabilities, have limited focus, and do not address the deep-seated inadequacies of substantive law that allow powerful actors to chill public-interest speech through abusive lawfare.

Adopting an interdisciplinary “new legal realist” approach, this Article decodes the anatomy of this modern …

National Security And Farmland Ownership: Livin’ Afida Loca, Jennifer Zwagerman

Buffalo Law Review

The brutal history of conflict over land demonstrates its importance for national security. Farmland in particular is in short supply and has appropriately been designated as “critical infrastructure.” However, the Committee on Foreign Investment in the United States (CFIUS) reviews foreign investment in farmland only if the farmland’s location is close to military or other sensitive sites. The United States Department of Agriculture (USDA) gathers information on specific types of foreign farmland investment yet is wholly removed from any type of national security review. While it might seem like a ban on foreign investment in farmland is an easy solution …

Suspending The Truancy Paradigm, Barbara Fedders, Lucy Carlson, Max Parker

Buffalo Law Review

In the aftermath of the COVID-19 pandemic, school absences have skyrocketed. While racially minoritized, disabled, and low-income students have historically been, and remain, most likely to experience absence, white and affluent students’ rates of attendance have also declined. To respond to this new universality of student absenteeism, some policymakers have begun to seek alternatives to what we term “the truancy paradigm.”

We define the truancy paradigm as the range of coercive and often punitive interventions deployed by states and school districts to enforce compulsory attendance statutes. This paradigm, we argue, wrongly assumes (a) that strict enforcement of compulsory attendance laws …

Presumed Guilt: Epistemic Closure In Pregnancy Prosecutions, M. Eve Hanan

Buffalo Law Review

Criminal law and reproductive justice scholars are calling attention to the increase in prosecutions for pregnancy outcomes in the United States. Trace amounts of controlled substances in newborns are prosecuted as child abuse. Miscarriages are prosecuted as illegal abortions or homicides. This area of criminal law existed side-by-side with Roe v. Wade for late-term pregnancy outcomes. The Dobbs decision has further emboldened these prosecutions by removing the protections of the Due Process Clause from the pre-viability phase of the pregnancy.

Using a case study of a woman who was pressured to plead guilty to manslaughter and sentenced to eight years …

Repealing Reorgs, Reuven S. Avi-Yonah

Law & Economics Working Papers

Under the Supreme Court's opinion in Moore, it is likely that realization is essential for defining income as a constitutional matter. Therefore, when a transaction involves realization, it should presumptively be taxable unless there are very good reason for nonrecognition of gain. Given this reality, there are good reasons for Congress to consider repealing tax-free reorganizations and the other nonrecognition rules of the corporate tax, primarily for non-tax reasons. Acquisitive A, B, and C reorganizations and acquisitive section 351 transactions typically are used for large public corporations to acquire startups, which encourages monopolies. Triangular mergers raise corporate governance concerns …

An Old Vehicle With A Fresh Coat Of Paint: Demystifying Autonomous Smart Contracts In The Context Of U.C.C. § 2-202, Daniel Kennedy

University of Dayton Law Review

No abstract provided.

“For Whom The Bell Tolls”?* Is The Corporate Transparency Act Dead, And If Not, What Is Its Impact On Corporate Governance?, Kellen Ware

UC Law Business Journal

The Corporate Transparency Act (“CTA” or “the Act”) was enacted by Congress in 2021 to combat illicit financial activity through mandated beneficial ownership disclosure. While the current administration has opted not to enforce the CTA’s reporting requirements on domestic entities, the law remains in effect, and its future is uncertain amid ongoing constitutional litigation.

This Note argues that the CTA should be repealed, and state legislatures should refrain from mirroring the Act. The CTA creates undue burdens that threaten effective and efficient corporate governance in small businesses and many non-profits. This Note traces the contentious history of the CTA and …

Institutional Sustainability In Ai Governance: Comparing Paths In The Eu, Japan, And Taiwan, Kuan-Wei Chen

Yearbook of Antitrust and Regulatory Studies

This article explores the concept of institutional sustainability in AI governance by comparing the approaches in the European Union, Japan, and Taiwan. It begins by arguing that the relationship between AI and sustainability extends beyond environmental concerns, encompassing the sustainability of governance institutions themselves. The article posits that institutional sustainability, referring to the capacity of governance frameworks to remain effective over time, is essential in the context of rapidly evolving and future-oriented AI governance. The analysis proceeds by examining the EU’s strategy of normative anchoring through legal codification, Japan’s agile governance model based on collaboration and coordination, and Taiwan’s digital …

From The Bench To The Feed: Conflict Between Public Official Accounts And The First Amendment, Betty Yu

Washington Law Review

Imagine one day waking up, opening Facebook, and discovering that the official White House account blocked you because you left a comment expressing a viewpoint. In this case, your First Amendment right to free speech would most likely be violated. However, what happens if your local official blocks you or deletes your comments? Are your First Amendment rights violated? Well, it depends.

Historically, public officials have used public forums such as town halls to meet with citizens and answer questions. However, as social media platforms like X and Facebook have become increasingly crucial tools for communication, the distinction between personal …

Evaluating The Impact Of Policy In Theatre: The Influence Of Public & Political Policy On The Theatrical World, John Q. Rhodes

Undergraduate Honors Theses

In the second half of the twentieth century, there is distinct evidence to exhibit a direct correlation between daily occurrences and matters of public policy. This paper serves to analyze the impact of U.S. public policy on theatrical practices. To provide a detailed and targeted analysis of the exponential impact public policy had upon the theatrical industry, this examination will look at theatre beginning in 1961 and will extend towards the current administration of President Donald Trump and is organized in ten-year segments. Each decade will be generalized for its direct or indirect changes that occurred within the period and …

A Dangerous Challenge To The Constitutionality Of The Felon-In-Possession Statute: United States V. Bullock, Matthew Matherne

MC Law Review

In United States v. Bullock, Judge Carlton Reeves held that the federal felon-in-possession statute was unconstitutional as applied to Mr. Bullock. Although Mr. Bullock had been previously convicted of multiple violent felonies involving a firearm, including one that resulted in the death of an individual, Judge Reeves dismissed the charges because the government failed to establish a historical tradition of prohibiting felons from possessing firearms. Judge Reeves’ determination that § 922(g)(1) is unconstitutional as applied to Mr. Bullock is a decision that is not only “dangerous” to society, but it contradicts the historical tradition of firearm regulation in America. …

Shareholder Standoff: The Erosion Of Minority Protections In The Wake Of Sb21, Kiara R. Sims

UC Law Business Journal

No abstract provided.

The (Re)New(Ed) Corporation: Foundation For A Stakeholder Regulatory Agenda, Gregory E. Louis

UC Law Business Journal

Amidst an emerging bipartisan consensus on greater corporate social accountability, America First has joined longstanding solicitude about the racial wealth gap. This Article offers yet another take on corporate purpose. As a project of recovering legal memory like Adrian Vermeule’s common good constitutionalism, it examines scholarship on the history of corporate purpose toward answering whether stakeholder capitalism should inform corporate regulation and, if so, how. It concludes from this history that the Anglo-American legal tradition clearly justifies regulators to hold business corporations accountable to the common good. But it also finds in this history a requirement that stakeholder capitalism be …

Punitive Damages In Products Liability Revisited (1991-2024), Michael L. Rustad

The University of New Hampshire Law Review

No abstract provided.

A Systems Approach To Shedding Sunlight On A.I. Black Boxes, Ran Xi

Hofstra Law Review

A substantial body of literature has emerged around concerns that machine learning and artificial intelligence systems are opaque, or "black boxes. " The black box nature ofA.I.-powered services and applications has resulted in alarming risks in social life, including insecurity, mistrust, lack of accountability, and exacerbated bias and discrimination. Despite the call to open the black boxes, corresponding legal and regulatory measures tend to run aground due to their infeasibility, inefficacy, and ambiguity. This Article offers a unique perspective on the A.I black box problem. Using systems theory as a heuristic tool, this Article views A.I. as a law-related system …

The Truth Will Set You Free: The Importance Of A Psychologically Rooted Framework That Encourages The Admission Of Expert Testimony On Eyewitness Memory, Emma C. Kiernan

Hofstra Law Review

No abstract provided.

Privacy And Disinformation, Tiffany C. Li

UC Law Journal

All three branches of the federal government have wrestled with how the law could or should regulate social media applications to mitigate the harms of disinformation. However, most proposed solutions make the same critical mistake: Lawmakers may focus on speech regulation or even economic regulation to solve for disinformation but these solutions do not actually address contemporary, technological vectors of disinformation. In today’s increasingly technologically driven global speech environment, the lynchpin for disinformation is not speech but data.

In particular, algorithmic personalization is a new, technological factor that makes disinformation especially harmful. Luckily, data protection and privacy regulation can greatly …

Rap Snitches: A New Framework To Evaluate Rap Lyrics And Creative Expressions As Evidence, Chris Kenefick

UC Law Journal

Rap music has earned its prominent place in American music culture.1 It provides a unique creative outlet for artists to share their experiences and criticize the systems in which they live. Rap lyrics, often metaphorical or exaggerated, have been weaponized by prosecutors to attack the character of artist-defendants at a level not seen with other modes of creative expression. The lyrics of an artist are turned against them in a manner that invites unfair prejudice and improper character evidence into legal proceedings. In the 2020s, major progress has been made to curb this practice, with several jurisdictions introducing legislation that …

From Medical Exceptions To Reproductive Freedom, David S. Cohen, Greer Donley

Michigan Law Review

Since the Supreme Court overruled Roe v. Wade in 2022, there has been a significant focus on pregnancy complications. This focus has created some risks. Highlighting medically indicated abortion stories could stigmatize the vast majority of abortion seekers who lack medical reasons for abortion and result in narrow remedies that do nothing to undermine abortion bans. This Article presents a way to convert these risks into an opportunity: to use pregnancy complications as a wedge to challenge abortion bans more generally and make abortion more accessible for everyone. We present a long-term strategy to dismantle abortion bans, using several legal …

Presumption Of Creditworthiness, Nakita Q. Cuttino

Michigan Law Review

Creditworthiness, or the likelihood that one will repay one’s debts, is typically signaled through a three-digit number known as a credit score. Yet, over thirty-two million adult-aged consumers lack adequate consumer credit reports and therefore do not have a traditional credit score. As a result of being unscored, these consumers are generally presumed uncreditworthy and foreclosed from mainstream credit markets. Unscored consumers are often relegated to extractive, fringe credit markets that neither require nor build credit scores. More insidiously, however, a growing number of non-credit contexts, including rental housing, utility services, and employment markets, look to creditworthiness to determine eligibility …

The Road To Regulation: A Literature Review Of The Influences On The Updated Silica Standards, Skye M. Medcraft

Capstone Experience: Master of Public Health

Silica is a hazardous compound that poses a risk to human health resulting from dust creating activities across various industries. Several agencies, including OSHA (Occupational Health and Safety Administration) and MSHA (Mine Safety and Health Administration) have adopted regulatory oversight of silica exposure in the workplace. As more research has been conducted on silica exposure, the health effects are becoming better described, which has led to the creation and updating of exposure regulations to protect worker health. The objective of this literature study is to review the data presented to the Department of Labor and discuss how the factors that …