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Sosiologi Perundang-Undangan Dan Pemanfaatannya, Jufrina Rizal

Jurnal Hukum & Pembangunan

Abstract

Pengaruh Perubahan Penguasaan Tanah Dan Susunan Pemerintahan Di Daerah Terhadap Hubungan Kekerabatan Matrilineal Minangkabau, Hermayulis Hermayulis

Jurnal Hukum & Pembangunan

Abstract

Metode Penelitian Kwalitatlf Dalam Metodologi Penelitian Ilmu Hukum, Sulistyowati Irianto

Jurnal Hukum & Pembangunan

Abstract

Quantitative Analysis And Mechanism Pathways Of China's Patent Commercialization Policies Based On A Three-Dimensional Framework, Zhulin Xin, Feng Wei, Hong Zhou, Amei Deng, Luyao Dou

Journal of Scientific Information Research

[Purpose/significance] Improving the patent commercialization policy system is a necessary prerequisite for leveraging the institutional advantages of China's patent system. Analyzing the structure and content of patent commercialization policies and uncovering their core operational mechanisms is of great significance for enhancing the industrialization rate of patents. [Method/process] This study investigates patent commercialization policies issued by central, provincial, and municipal governments in China. It adopts a quantitative policy text analysis method and constructs a three-dimensional analytical framework consisting of policy tools-institutional systems-participating actors to examine the integrated operational characteristics of policy instruments, institutional structures, and actor roles within the current policy …

Abortion Bites Back: An Analysis Of Direct Democracy Efforts In A Post Dobbs-Era, Kathleen Darcy, Pamela Aronson, Lisa Martin, Sarah Chaban

Health Matrix: The Journal of Law-Medicine

The legal landscape surrounding reproductive rights is in flux, and direct democracy is a method by which increasingly informed and connected citizen voters are able to skirt perceived slowmoving or biased legislatures. Myriad factors shape state-level referendums, including social movements that intersect with gender ideology to challenge or defend existing arrangements. Yet, we know little about referendum rhetorical framing as tied to successes or failures in this pivotal post-Dobbs era. We use a content analysis to look at the rhetoric in state-level ballot proposals on reproductive freedom that were put in front of voters after the Dobbs decision (2022–2024). We …

Separate But Equal In The Bold New City Of The South: A Shadow Of What Remains, Charity Dera

University of Miami Race & Social Justice Law Review

This project undertakes the task of analyzing the historical and contemporary landscape of Jacksonville, Florida, the “Bold New City of the South,”1 from a multidisciplinary vantage point. It argues that the spirit of the overturned “separate but equal” holding of Plessy v. Ferguson2 and its bold segregationist ideologies reverberate today in both subtle and overt ways. Yet, that reality has not come without the resilience and perseverance of pioneering natives who have resisted such ideals in bold ways. While segregation is deeply rooted in U.S. history and scholars have readily addressed the contemporary effects of landmark cases such as Plessy …

Constitutional Theory At A Catholic University, J. Joel Alicea

Catholic University Law Review

I argue that the study of constitutional theory is ideally suited to benefit from the intellectual climate of a Catholic university. To make that argument, I address three questions. First, in what ways does constitutional theory benefit from the intellectual disposition of a Catholic university? Second, what might be the potential drawbacks or risks involved in studying constitutional theory at a Catholic university? And finally, how can one gain the benefits of being a constitutional theorist at a Catholic university while avoiding any potential risks that attend that setting?

The Freedom To Be Bound: Anti-Discrimination Theology And The Ministerial Exception, Brooke Girley

Northwestern Journal of Law & Social Policy

The ministerial exception is generally seen as safeguarding the autonomy of religious institutions in employment decisions, but does it also serve as a roadblock to religious freedom? The recent dismissal of the gender discrimination lawsuit by Rev. Dr. Eboni Marshall Turman against the historic Abyssinian Baptist Church calls into question whether the breadth of the exception promotes religious freedom in all contexts. This article argues that the ministerial exception, although designed to protect religious autonomy, may paradoxically undermine that very autonomy when applied to faith communities, like Abyssinian, that have voluntarily embraced anti-discrimination as part of their theology and praxis. …

Institutional Timidity: Reading Len Rubinowitz Toward A Structural Theory Of Civil Rights Enforcement, Sheldon Bernard Lyke

Northwestern Journal of Law & Social Policy

This Article first documents institutional timidity in fair housing enforcement through Rubinowitz’s empirical account of HUD and then extends the analysis to higher education admissions. It shows that universities defending affirmative action uniformly adopted the diversity rationale while declining to argue that race-conscious admissions correct for bias embedded in their own criteria. These choices did not merely weaken outcomes; they also helped produce the doctrinal frameworks that later constrained them. In identifying institutional timidity as a mechanism of doctrinal production, this Article extends Rubinowitz’s insights across domains and into constitutional law. It concludes by proposing strategies that shift civil rights …

My Right To Dominate You: The Populist Perversion Of Human Rights, James A. Gardner

Journal Articles

A constitutional “right” is a legal technology designed to protect the weak from the strong. In the twenty-first-century United States, however, constitutional rights have increasingly been interpreted and deployed, by both litigants and courts, to secure the ability of the strong to dominate the weak. It is quickly becoming standard practice among right-wing American populists to claim that the deployment of rights in ways that limit the ability of the strong to dominate those weaker than themselves is to make victims of the strong. Freedom, in the imagination of American populists, means the freedom to dominate disfavored others.

This paper …

Dignity For The Deceased: The Abolition Solution To The Laws Governing Unclaimed Body Donation, Lauren Bayerl

Cleveland State Law Review

This Note explores the dangers bubbling under the surface of body donation law across the United States. Specifically, this Note investigates the little-known contours of Ohio law that open the door for body donation practices that may bypass an individual’s consent. While data is slim on the real-world outcomes that such quirks in state law have produced, a recent news story out of Texas highlights the very real danger that the structure of these state body donation laws can produce. This Note first details the laws in place in Ohio that govern body donation, using one state’s laws as a …

A Harmonious Legal System: True Justice Through Modernized Platonic Marxism, Cian R. Batarla

Departmental Honors & Graduate Capstone Projects

The Marxist theory of the law is underdeveloped compared to the rest of Marx and Engels works. This can be chalked up to legal systems merely being part of the superstructure, by which the ruling class use to maintain power. In this essay I push back on this notion that the rule of law can be dismissed, arguing that if Marx's true community is to be as such then the addition of a just legal system is not an issue. However, Marx's true community on its own is not enough to satisfy the inclusion of a legal system. Thus necessitating …

The Great Depression And Canada's Major Originalist Decade, Preston Jordan Lim

Faculty Publications

Few periods of Canadian history have been as momentous or terrible as the Great Depression. The Dominion and provincial governments’ inability to combat financial and environmental catastrophe led many Canadians to openly question the appropriateness of their constitutional framework. As legal historians have since documented, many leading jurists of the time believed that a strong central government could, through the institution of national programs, contain the Great Depression; in the eyes of these 1930s jurists, the Judicial Committee of the Privy Council—then Canada’s apex court—had sapped the federal government of its powers by misinterpreting the British North America Act, 1867 …

Responsibility Without Rescue: Community-Based Participatory Research, Legal Insecurity, And Ethical Accountability In Borderland Courtrooms, Ruben Morales Jr.

The Agora

In the context of immigration law and legal insecurity, this article examines how community-based participatory research (CBPR) reshapes ethical responsibility for researchers. Based on ethnographic fieldwork conducted during a National Science Foundation Research Experience for Undergraduates (NSF REU) along the border between the United States and Mexico, the study reflects on how courtroom practices reproduce access to justice, how research itself influences what knowledge becomes visible, and how the researcher’s positionality influences ethical engagement. The article finds that doing ethical research in settings of legal precarity requires the researcher to shift from a neutral observer to an accountable participant, maintained …

The New Banishment, Shosh Coalson

Seton Hall Law Review

No abstract provided.

The Judicial Police Power, Alice Ristroph

Villanova Law Review (1956 - )

No abstract provided.

Legalistic Noncompliance, Daniel T. Deacon, Leah M. Litman

Duke Law Journal

Will the executive branch comply with court orders? That question has garnered a considerable amount of attention over the first few months of the second Trump administration. But what does it mean to comply? And what if a form of noncompliance is already occurring?

This Article documents an emerging practice that has dominated the second Trump administration's approach to unfavorable court rulings, a practice this Article calls legalistic noncompliance. Legalistic noncompliance occurs when the administration uses the language of the law as cover to claim that it is complying with court orders when in fact it is not. Drawing …

Confidentiality Of Ai Conversations: Protecting Self-Represented Litigants Who Use Chatgpt For Legal Advice, Anoo D. Vyas

Duke Law & Technology Review

When a layperson uses ChatGPT to obtain feedback on a legal matter, attorney-client privilege may not apply, as ChatGPT is not a lawyer, much less a human. Further, while lawyers are entitled to protection for their opinion work-product, it is not clear whether self-represented litigants are entitled to the same protection. Additionally, the broader duty of confidentiality binds only attorneys, not AI systems like ChatGPT. The public increasingly uses AI tools such as ChatGPT. If a layperson employs ChatGPT for legal advice, particularly in a civil matter, such communications may be discoverable and potentially admissible. This presents an access to …

Causes, Effects, And Solutions Of Wrongful Convictions, Allison B. Gobuzzi

Honors Theses

This study examines the wrongful conviction of Anthony Hinton and other examples that illustrate the causes of wrongful convictions in the United States and the effects that wrongful convictions have on the wrongfully accused and their families. This study uses research from scholarly articles and legal cases to analyze the factors that contribute to wrongful convictions and the impact on the wrongfully accused and their families. The research concludes that wrongful convictions are frequently the result of both evidentiary and procedural issues within the criminal justice system.

Leaving Room For Rehabilitation In The Theory And Practice Of Criminal Restitution, Jessica C. Frisina

Maryland Law Review

No abstract provided.

Brief Of The American Immigration Lawyers Association And Immigration Law Scholars As Amici Curiae In Support Of Respondents, Lindsay Nash

Amicus Briefs

Amicus curiae brief submitted by the American Immigration Lawyers Association and immigration law scholars in support of the respondents in Mullin v. Doe and Trump v. Miot before the Supreme Court of the United States. The brief argues that the Temporary Protected Status (TPS) statute strictly limits the Executive Branch's authority to terminate TPS designations and requires continuation of protection unless the statutory conditions justifying designation no longer exist. The amici further contend that TPS serves a critical humanitarian function by protecting individuals from removal, detention, and loss of work authorization while conditions in designated countries remain unsafe.

Children With Imprisoned Parents: Challenges And The Impact On Society, Alonzo Ortiz

SACAD: Scholarly Activities

Nearly half (47%) of incarcerated people in the United States are parents, impacting 2.7 million children at any given time. Prior to their incarceration, about 52% of these children resided with their mother, while 40% lived with their fathers. The rate of incarcerated mothers of multiple children has continued to rise over the past couple of decades. The impact of incarceration produces secondary consequences, including negative impacts on the incarcerated person’s child(ren). In fact, having an incarcerated parent is one of the known Adverse Childhood Experiences (ACE) and ACEs are directly related to later negative life outcomes (e.g., worsened health …

The Military Officer's Oath To Disobey Lawful But Unethical Orders, Joshua Braver

Northwestern University Law Review

How should a military officer respond to a lawful yet unethical order, unethical in the sense that it conflicts with their professional responsibilities? Army culture, scholarship, and doctrine regard officers as professionals, akin to doctors and lawyers, with expertise in the management of violence and a shared commitment to an ethical code. This code demands obedience to lawful orders to uphold civilian control of the military. But to protect against civilian misuse of the military, the code requires disobedience to unethical orders. Faced with a lawful but unethical order, the military officer is mired in a contradiction in which their …

Hlr Agonistes, Brian L. Frye

Northwestern Law Journal des Refusés

No abstract provided.

Mister President & May It Please The Executive: Causal Barriers To Court-Packing, Mason Smith

Seaver College Research And Scholarly Achievement Symposium

As attacks on democracy have become increasingly ubiquitous, scholarship has begun to shed light on a common, effective, and inimical means of subverting governments accountable to the masses: court-packing. So, how can democracies prevent court-packing? Among many implicit causal theories taken from the extant research, which hasn’t directly tackled this problem, two seem the most plausible and ripe for analysis, suggesting that court-packing’s success turns on either the strength (i) of institutional constraints or (ii) of domestic judicial norms. To see which theory works better in practice, I use a narrowly tailored iteration of comparative process tracing, as it best …

Beyond Capitalist Law: A Commentary On Katharina Pistor, The Law Of Capitalism And How To Transform It, Martijn W. Hesselink

University of Miami Law Review

In her powerful new book, Katharina Pistor, grounded in the argument that capitalism is a legal regime, outlines a pathway beyond capitalist law: the transformation of private law in accordance with constitutional principles and the human capabilities approach. This short essay questions whether existing constitutions and the capabilities approach have the normative resources to overcome capitalism. Given existing corporate power entrenched in private rights, the paper also wonders who could be effective and legitimate agents of change able to transform private law into post-capitalist law. It suggests that nothing less than a revolution is needed to overcome capitalist private law …

How To Transform Capitalism Through Law, Katharina Pistor

University of Miami Law Review

This essay is based on the presentation of my book, The Law of Capitalism and How to Transform It, at the University of Miami Law School on October 14, 2025. I am grateful for the opportunity to share a summary of this work in the University of Miami Law Review and to my colleagues Ingo Venzke and Martijn Hesselink, who were kind enough to offer their thoughts on it for this mini symposium.

How Gender Impacts Mock Jurors’ Receptiveness To Aggravating And Mitigating Evidence In Capital Trials, Jolie E. Parker

Undergraduate Theses

This study examines how gender influences mock jurors’ receptiveness to aggravating and mitigating evidence in capital trials. Drawing on prior research that highlights the critical role of mitigation in reducing death sentences and persistent gender differences in death penalty attitudes, this study addresses a gap in the literature by analyzing how gender shapes responses to specific types of evidence rather than general support for capital punishment. Using a quantitative survey of 209 participants, the research analyzes Likert-scale responses measuring how various aggravating and mitigating factors impact sentencing preferences. Results indicate a weak but consistent relationship between gender and receptivity to …

Gender And Emotional Expression In The Courtroom: Mock Juror Perceptions Of Attorney Effectiveness, Emma Cantrell

Undergraduate Theses

This quantitative study examines how gender and emotional expression influence mock jurors' perceptions of an attorney's courtroom effectiveness. Using mock jurors, this study extends previous research suggesting that assertiveness and emotional displays are evaluated differently by gender. Participants were randomly assigned to view one of four closing statements in a mock burglary trial. The videos were of either a male or a female attorney delivering a passive or an aggressive argument. Participants then evaluated the attorney’s effectiveness across four categories: competence, persuasiveness, ability to instill confidence, and emotionality. Male participants generally rated female attorneys as less effective than female participants …

Gender-Based Violence And Botswana's Constitutional Failure To Protect Women's Rights, Cameron Mcdonald

Immigration and Human Rights Law Review

Gender-based violence (“GBV”) remains a pervasive human rights issue throughout Botswana. When it comes to gender equality, Botswana’s dual constitutional and customary legal system is a paradox. Despite its commitment to equality and nondiscrimination, Botswana’s Constitution allows customary courts to discriminate freely to preserve traditional practices that disadvantage women. These traditional practices affect women’s right to property, inheritance, marriage, legal representation, and personal safety. Customary law continues to constrain women’s right to economic autonomy and access to justice, leaving many women dependent on the men who abuse them. As a result, many Batswana women experience structural discrimination in both their …