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Perjanjian Internasional Tak Tertulis Dalam Hukum Perjanjian Internasional, Wayan Parthiana, S.H.

Jurnal Hukum & Pembangunan

Abstract

Pma Dan Uupma Harapan Dan Kenyataan (Sebuah Telaah Mengenai Kebijaksanaan Penanaman Modal), T. Mulya Lubis, S.H., Ll.M.

Jurnal Hukum & Pembangunan

Abstract

Arbitrase International Mengenai Perselisihan Penanaman Modal, Prof. Dr. Mr. Sudargo Gautama

Jurnal Hukum & Pembangunan

Abstract

Collar Correction For Lenity: Modifying The Rule Of Lenity To Promote More Equitable Application To White-Collar And Blue-Collar Defendants, Brennan Corriston

Fordham Law Review Online

Centuries ago in England, when most crimes were punishable by death, judges—aware of the unfairness of this system—construed penal statutes narrowly. This was “to stem the march to the gallows” and to protect citizens from this overly harsh regime. From these harsh origins arose the rule of lenity, which instructs that when the scope of a criminal statute is ambiguous, courts should select the less harsh—i.e., more lenient—interpretation of the statute. This principle can serve constitutional functions: lenity safeguards due process by ensuring that the public has fair notice about the reach of criminal laws, and it safeguards separation of …

Desperate Crossings, Unjust Seas: Challenging The Interdiction And Forcible Return Of Asylum Seekers On The High Seas, Katarina Herring-Trott

Fordham Law Review Online

In the past two years, irregular maritime migration has reached levels not seen in decades. International human rights law requires that states screen migrants’ asylum claims and prohibits states from returning migrants to a place where they face persecution. However, due to recent trends in refugee securitization, states attempt to dodge their international obligations by going to the high seas and forcibly returning migrant vessels. States are not held accountable for these forced returns, owing to gray areas in overlapping provisions of maritime and human rights law. This Essay analyzes ambiguous maritime law provisions, interpreting them in accordance with relevant …

Blockchain Evidence: How Smart Litigators Can Keep It Out At Trial, Alexandra Sahara

Fordham Law Review Online

A blockchain is a peer-to-peer decentralized ledger that records transactions by creating a secure, time-stamped chain of information. A network of nodes—computers that use a consensus mechanism and cryptography—stores this information, creating a long and permanent history of verified transactions—in other words, blocks on the blockchain. Blockchain records provide valuable, verifiable documentation of facts that can be used in litigation; this renders blockchain a more attractive archival option compared to standard electronic archives, which can be altered. As more blockchains emerge, litigators will need to verify their authenticity and reliability because valuable and sensitive evidence may only be accessible via …

Bruen As Heller: Text, History, And Tradition In The Lower Courts, Leo Bernabei

Fordham Law Review Online

The Constitution and conventional wisdom suggest that lower courts must follow the most persuasive interpretations of U.S. Supreme Court precedent. But that does not always happen. Scholars recognize judicial under enforcement of Supreme Court precedent in several fields. This Essay contributes to this scholarship by analyzing lower court applications of New York State Rifle & Pistol Ass’n v. Bruen, in which the Supreme Court held that firearm laws must be consistent with the nation’s historical tradition of firearm regulation. The lower courts vary widely in their approaches to analyzing gun laws under this standard. On one end, a small …

A Congressional Inappropriation?: Troubleshooting Cfpb V. Cfsa Ahead Of The Supreme Court’S Review, William Weingarten

Fordham Law Review Online

Consumer Financial Protection Bureau v. Community Financial Services Ass’n of America has emerged as one of the most consequential cases before the U.S. Supreme Court this term. The U.S. Court of Appeals for the Fifth Circuit’s judgment below—in Community Financial Services Ass’n of America v. Consumer Financial Protection Bureau—held the Consumer Financial Protection Bureau’s funding structure to be unconstitutional under the Appropriations Clause of the U.S. Constitution. With this holding, the Fifth Circuit created a circuit split with the U.S. Court of Appeals for the District of Columbia Circuit and became the first federal court of appeals to invalidate …

Hukum Perhubungan Dalam Kaitannya Dengan Kerjasama Asean, Dr. Sunaryati Hartono, S.H.

Jurnal Hukum & Pembangunan

Abstract

Obligasi Salah Satu Pilihan Untuk Ber-Investasi, M. Irsan Nasaruddin

Jurnal Hukum & Pembangunan

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Cambodia’S Campaign To Recover Its National Treasures: A Unique Model Of Collaborative Restitution, Bradley J. Gordon, Melina Antoniadis, Sokunthyda Long

Fordham Law Review Online

No abstract provided.

Power And The Framers: A Nation’S Hope For The Future, John D. Feerick

Fordham Law Review Online

No abstract provided.

Taking The Profit Out Of War: Why International Law Requires Restitution Of Nazi-Looted Art, Raymond J. Dowd

Fordham Law Review Online

No abstract provided.

Canaries In The Coal Mine: Rural Women, Maternal Health, And The Future Of Feminist Coalition Building, Lisa R. Pruitt

UMKC Law Review

No abstract provided.

Women, Knowledge Institutions, And Constitutional Law, Vicki C. Jackson

UMKC Law Review

This Essay argues that knowledge institutions are crucial to the ability of historically disadvantaged groups—including women—to correct the injustices they have suffered. In Part II, the Essay begins by defining knowledge institutions and explaining why they need legal recognition and protection in a constitutional democracy. Part III then argues that knowledge institutions are a resource for challenging conventional understandings and assumptions that may produce injustices not readily remedied through political processes. Knowledge institutions have served this role in several important constitutional battles in the United States—over racial equality, gender equality, and discrimination against same-sex couples. The claim is not that …

The Other Side Of The Glass Cliff, Angela Onwuachi-Willig, Kellye Testy

UMKC Law Review

No abstract provided.

Copyright

UC Law Journal

No abstract provided.

Disarming Data: An Empirical Take On The Loaded Debate About Felon-In-Possession Of A Firearm, Jonathan Abel

UC Law Journal

This Article answers a crucial empirical question at the heart of the scholarly and judicial debates about the laws governing felon-in-possession of a firearm: How often do defendants charged with this offense have violent felony convictions? Using a comprehensive dataset of over 27,000 defendants charged in California from 2021 through 2024, the study provides a novel, large-scale analysis of how prosecutors deploy this most-common gun charge. The findings substantiate longstanding concerns that felon-in-possession is overbroad in its application to nonviolent felons—only 8.5% of defendants had a “violent felony” conviction as defined by California law, rising to just 28.8% under a …

Limits Of The Reasonable Inquiry: Artificial Intelligence And The Future Of Rule 11, Celeste Greaves

UC Law Journal

Artificial intelligence (“AI”) burst onto the legal scene and will soon revolutionize practice altogether. Despite enduring technical issues, like hallucinations and implicit bias, AI’s capabilities and potential benefits have created massive impetus toward adoption. Recent cases like Mata v. Avianca highlight the growing need for adaptation in our existing frameworks to ensure the continued legitimacy of representations to the court. The “reasonable inquiry” standard of Rule 11 of the Federal Rules of Civil Procedure is woefully unequipped to meet this challenge for three primary reasons. First, traditional methods for determining whether a new technology has a high level of efficacy, …

Gambling In Pre-Statehood Alaska, Robert M. Jarvis

UNLV Gaming Law Journal

This article concerns gambling in Alaska in the period prior to statehood (1867– 1958). While the courts in this era did not generate very many gambling opinions, the ones they did issue provide a feel for what life was like in the region. In addition, Alaska’s current ban on most forms of gambling can be directly traced back to its first gambling law (1884).

High Stakes And Holy Land: Mormonism, Igra, And The Gamble On Tribal Gaming In Utah, Cianne Wallin

UNLV Gaming Law Journal

No abstract provided.

The Guarantor's Lifebuoy In The Bankruptcy Ocean, E. Jason Dennis, Carter S. Plotkin

SMU Law Review Forum

The Guarantor’s Lifebuoy in the Bankruptcy Ocean is an article by a practicing litigation law firm partner and associate based on their recent real-world experience arguing in Texas state court and federal bankruptcy court and lessons learned. The article is designed to examine an evidently underutilized bankruptcy stay exception and give actionable how-to advice on invoking it to litigators defending guarantors in scenarios they commonly face: a bankrupt principal obligor defaulting on the guarantied debt.

Update On Colorado Non-Compete Agreements For Dentists, Josh Austin

Metro Denver Dental Society Articulator Magazine

Colorado’s Senate Bill 25-083 (SB 83) makes non-compete and non-solicitation agreements unenforceable for associate dentists, regardless of compensation. While non-competes tied to the sale of a dental practice or minority ownership remain valid if reasonable, most employment-based restrictions are now void. The law also preserves dentists’ rights to inform patients of their new practice and maintains penalties for non-compliance.

Foreword: The Professional Socialization Of Lawyers, Matthew Diller

Fordham Law Review

No abstract provided.

Winging It: Convergence, Convivencia, And Belonging Of Latina Lawyers, Verónica C. Gonzales

Fordham Law Review

No abstract provided.

Building A Professionally Socialized Immigration Bar: A Comparative Case Study, Jayanth K. Krishnan, Kunle Ajagbe

Fordham Law Review

No abstract provided.

“No Further Discussion Necessary”: Compliance As Professionalism In Legal Education, Sarah J. Schendel

Fordham Law Review

No abstract provided.

"In Better Times": The Basis Of Representation And The Forgotten History Of The Fourteenth Amendment, Jessica I. Gorovitz

Fordham Law Review

Over the past several years, the U.S. Supreme Court has incorporated history into the analysis of unenumerated individual rights, like abortion, and enumerated ones, like the right to keep and bear arms. But it has not incorporated history into its approach to individual rights claims of racial discrimination under the Equal Protection Clause, a methodological gap the Court has left unexplained. Rather, it has held that the purpose of the Fourteenth Amendment is to prevent racial classifications, largely citing its own precedent, eschewing the Amendment’s history. This approach conflicts with section 2 of the Voting Rights Act, which requires states …

The Fourth Amendment's Right To Be Secure, Thomas K. Clancy

William & Mary Bill of Rights Journal

Beginning with a 1998 article and through the editions of my treatise, I have argued that the right to be “secure” must be properly understood. The right to be secure is the powerful ability to exclude the government, and it protects against physical and technological intrusions. As will be discussed, my interpretation has had some influence among courts and scholars. Several academics have taken time to discuss it, and it has been noticed in the Supreme Court. This Essay seeks to dispel some of those characterizations and clarify the meaning of the right to be secure.

The Amendment in its …

Masthead

The Business, Entrepreneurship & Tax Law Review

No abstract provided.