Digital Commons Network^™

When Uniform Standards Are Missing: Judicial Inconsistency In Wages During Termination Proceedings In Indonesia, Fitriana Fitriana, Tri Hayati, Aloysius Uwiyono

The Indonesian Journal of Socio-Legal Studies

This article examines how courts lack uniform judicial standards for determining Upah Proses, which refers to wages payable during termination proceedings in Indonesia. Constitutional Court Decision No. 37/PUU-IX/2011 requires employers to pay Upah Proses until courts issue a final and binding judgment. However, subsequent instruments introduce conflicting limitations and ambiguous provisions, including Supreme Court Circular Letter No. 3 of 2015 and Law No. 6 of 2023. Such inconsistencies create normative disharmony across constitutional, statutory, and administrative frameworks. The absence of coherent interpretive guidance divides the judiciary, leading courts to issue divergent rulings, even in cases with similar factual circumstances. The …

Polygyny Between Sharia, Custom And State Law As A Persistent Dilemma In Post-Soviet Kyrgyzstan, Zharkynbai Sebetov, Mairambek Tagaev

Occasional Papers on Religion in Eastern Europe

This article presents a comprehensive study of the century-long historical and legal evolution of state-imposed prohibitions on the institution of polygyny in Kyrgyzstan. The primary objective of the research is to evaluate the outcomes of a hundred years of repressive policies – originally classified as “crimes of daily life” (bytovye prestupleniya) during the early Soviet era–and to uncover the transformed legal paradoxes of this phenomenon today. Drawing on historical archival materials, Communist Party reports, and contemporary regulatory acts, the authors investigate the fundamental reasons why polygyny persists as a resilient “shadow” institution in Kyrgyz society despite its criminalization. Within the …

Unacceptable In Any Era: The Unusual And Unconstitutional Effort To Criminalize Sleeping While Homeless, Joseph W. Mead, Shelby Calambokidis

William & Mary Law Review

Grants Pass, Oregon, effectively made it a crime for some of its homeless residents to sleep—a universal and unavoidable biological necessity. In a 2024 decision, the Supreme Court held that the Eighth Amendment’s Cruel and Unusual Punishments Clause posed no obstacle to this law, but it emphasized that other constitutional provisions could place important limits on how cities treat their homeless residents.

This Article argues that modern laws criminalizing sleeping— especially when no shelter is available—represent an unprecedented and unconstitutional departure from centuries of American legal tradition. Tracing the evolution of vagrancy, poor relief, and settlement laws from the Statute …

Unsettling Ground: Rethinking Land Tenure Security In Indonesia’S Legally Plural Setting, Widya Naseva Tuslian

The Indonesian Journal of Socio-Legal Studies

This study examines the inconsistencies in various regulations regarding land and land management in Indonesia, which give rise to divergent interpretations and legal uncertainty—ultimately becoming a source of conflict that is not easily resolved. The study focuses on the protracted conflict among local residents living in 26 subdistricts in Surabaya who hold “Surat Ijo” certificates. The residents believe that, as certificate holders, they have the status of owners. Meanwhile, citing various laws and regulations on land governance, the Surabaya city government maintains that these certificates affirm the residents’ status as tenants of land assets owned by the Surabaya city government. …

Understanding The Experiences And Visibility Of Asexual People And Guiding Policy To Effectively Protect Asexuality, Lizzie Stravens

University Honors Theses

Asexuality is sexual orientation defined by those who experience little to no sexual attraction. Despite asexuality being as common as red headedness or left handedness, it has been severely overlooked in research and conversations. Because many people are not aware of the existence of asexuality, it has not been directly attacked by anti-queer campaigns. Still, there have been some recent shifts in this dynamic as asexuality becomes more visible. I conducted a linear regression on the 2022 Ace Community Survey results. I analyzed the effect of theoretically important variables on the outness of asexual respondents. Results indicated an importance on …

Perkembangan Dan Ruang Lingkup Sosiologi Hukum, Mulyana W. Kusumah

Jurnal Hukum & Pembangunan

Abstract

Marked For Prosecution: The Use Of Tattoo Recognition Technology In Criminal Trials And The Case For Evidentiary Limits, Marc Consalo

Mercer Law Review

In recent years, tattoos have taken on a new and largely overlooked role in our criminal trial system. Once viewed primarily as personal or cultural expression, tattoos are now treated by law enforcement as biometric data which can be analyzed, codified, and then searched by artificial intelligence (“AI”). Police departments and prosecutorial offices have begun using tattoo recognition software to identify suspects, assume gang membership, and establish guilt based on imagery or symbols. Yet, despite the rapid growth of this technology, its use in the courtroom has received almost no scholarly attention and even less judicial scrutiny.

This Article seeks …

Parents’ Lived Experiences With Competitive Integrated Employment For Children With Intellectual And Developmental Disability, Dr. Aisha J. Omar

Developmental Disabilities Network Journal

This phenomenological qualitative study explores the lived experiences of Kentucky parents seeking Competitive Integrated Employment (CIE) for their children with intellectual and developmental disabilities (I/DD). Guided by the research questions—How do parents experience this process, and what barriers or supports do they encounter?—the study highlights systemic challenges despite legislative efforts such as the Americans with Disabilities Act and the Workforce Innovation and Opportunity Act. In-depth interviews with five parents revealed three themes: (a) parental transformation and the pursuit of meaningful work, (b) systemic challenges in accessing CIE, and (c) overcoming protective instincts: navigating fear, independence, and self-advocacy. Findings suggest a …

Manfaat Telaah Sosial Terhadap Hukum, Prof. Dr. Satjipto Rahardjo

Jurnal Hukum & Pembangunan

Abstract

Penal Protection For Women In Jordan: How Compatible Are International Agreements And Jordanian Legislation?, Hasan Altarawneh, Hamzeh Abu Issa

Journal of International Women's Studies

This article analyses the degree to which Jordanian penal legislation conforms to international human rights standards regarding the protection of women from violence, specifically the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the United Nations Bangkok Rules. Jordan has implemented legislative reforms targeting gender-based violence; however, these reforms are incomplete, disjointed, and frequently misaligned with international standards. This study employs a doctrinal methodology to analyse Articles 292–311 of the Jordanian Penal Code and associated procedural rules, assessing their substantive and procedural provisions in relation to international legal obligations. This analysis includes rulings from the …

Studi Kebutuhan Hukum, Bantuan Hukum Struktural Dan Penegakan Hak-Hak Azasi Manusia, Drs. Mulyana W. Kusumah

Jurnal Hukum & Pembangunan

Abstract

Indonesia Ialah Negara Yang Berdasarkan Atas Hukum, Prof. Padmo Wahjono, S.H.

Jurnal Hukum & Pembangunan

Abstract

Masalah Penegakan Hukum Dan Kesadaran Hukum, Dr. Soerjono Soekanto, S.H., M.A.

Jurnal Hukum & Pembangunan

Abstract

The Field Of International Business Transactions Law, Kathleen Claussen

Seattle University Law Review

This Article studies the evolution of the scholarly subfield referred to as the law of “international business transactions” (IBT). It reviews data on academic articles, courses, textbooks and other signifiers of the growth of this research area. Beginning around 1960, scholars began to use the term “international business transactions” and by the 1980s, several law schools were offering a course by that title. A handful of dedicated textbooks soon followed. These data reflect a gradual increase in research on the topic of IBT, particularly in the United States, but also considerable diversity of subject matters covered by those works. The …

Navigating Compliance In A Geopolitical Era: The Case Of Chinese Multinationals In The United States, Ji Li

Seattle University Law Review

This Article examines how Chinese multinational companies (MNCs) approach compliance in the United States amid deepening geo-political rivalry and intensified regulatory scrutiny. Drawing on original survey data, this Article maps variations in compliance structures, staffing, and governance mechanisms across Chinese firms and identifies key determinants such as industry-specific regulatory intensity, listing status, and organizational imprinting from headquarters. The analysis employs a dual institutional framework to explain how compliance systems emerge from the interplay between host-state regulatory demands and home-state institutional legacies, producing hybrid structures that blend local adaptation with headquarters-driven replication. Findings reveal that while certain compliance features—such as committee …

Modernisasi Serta Hubungannya Dengan Operasionalisasi Nilai-Nilai, Ronny Hanitijo Soemitro

Jurnal Hukum & Pembangunan

Abstract

Human Trafficking In Central Asia: A Product Of Its Environment, Matt V. Tenberg

Binghamton University Undergraduate Journal

Human trafficking is a complex puzzle when considering all the effort it takes to traffick another person. Many often wonder how one gets trafficked, and what is the appropriate response to human trafficking? A couple of answers can be found when analyzing Central Asia’s ongoing crisis of human trafficking into its territory. Central Asian countries have historically been combating human trafficking after the fall of the Soviet Union. However, after analyzing the laws and methods in place, it is clear that the countries are not succeeding in eliminating this problem. The countries of Kazakhstan, Uzbekistan, and Kyrgyzstan are grounds for …

Food Councils And Federal Committees: Community Responses To Inaction On Food Insecurity By Government, Kevin O'Connell, Liam R. Rupprecht

Binghamton University Undergraduate Journal

Food insecurity is a devastating force in the United States, as shown by its destructive impact on vulnerable groups like children, racial minorities, and those in poverty. Non-white urban communities of color especially have significantly higher rates of household food insecurity due to systemic racism in American food systems. Despite the prevalence of these factors, they are consistently overlooked by public and private forces. Federal efforts have failed to resolve the issue, leaving it to local “food council” organizations that attempt to help through advocacy and charity. These groups face a difficult task: how can they work to mitigate food …

Front Matter, Editors Of Comparative Labor Law & Policy Journal

Comparative Labor Law & Policy Journal

Volume 45, Issue 4

Communicative Legitimacy: The Supreme Court's Hidden Cultural Binaries In The U.S. Civil Sphere, Steven Arrigg Koh

Faculty Scholarship

How does the U.S. Supreme Court establish its legitimacy? Over the last two hundred years in U.S. society, the Court has interpreted the U.S. Constitution on watershed issues such as slavery, segregation, and marriage equality. And yet the Constitution is just 7,591 words. A puzzle thus emerges: how does the Court intelligibly interpret this short text for U.S. society? This article develops a new theoretical and empirical cultural sociological account of such Supreme Court decision-making, which it calls “communicative legitimacy.” According to this theory, which draws on Jeffrey Alexander’s civil sphere theory, the Court consistently and inevitably draws on a …

Under The Guardianship: Experiences Of Mothers In Egypt’S El Nayaba El Hesbaya, Hana Khayry

Theses and Dissertations

This thesis explores the intersectional lived experience of El Nayaba El Hesbaya in Egypt. El Nayaba El Hesbaya, operating under Law 119/1952, is the administrative and judicial body responsible for overseeing the financial and legal affairs of minors whose father or mother had passed. Hundreds of thousands of mothers in Egypt have (had) children under the guardianship of El Nayaba El Hesbaya. This research delves into the experience of mothers whose children are or were under the guardianship of El Nayaba El Hesbaya, examining how it shape(s/d) their everyday life as women, mothers, widows or ex-wives, citizens, and legal subjects. …

Law And The (Re)Production Of Class Hierarchies In Egypt, Ahmad Abdelnaby

Theses and Dissertations

This thesis investigates how Egypt’s legal system, structurally tilted toward the elite and constitutive of inequality, has interacted with the country’s entrenched culture of class-based discrimination to produce a legal culture uniquely comfortable with hierarchy. It contends that class-based discrimination in Egypt has evolved from a social prejudice into a juridical condition, one in which the law does not merely mirror inequality but actively constructs and rationalizes it. By examining the intersection between legal structure and Egypt’s entrenched moral order of class-based discrimination, the study reveals a legal culture that no longer hides its hierarchies behind the veil of neutrality …

Egyptian Feminist Critiques Of Neoliberalism, Asmaa Elmalky

Theses and Dissertations

This research examines Egyptian feminist critiques of neoliberal economic policies through a Third World feminist and feminist political economy framework. It argues that neoliberalism in Egypt has produced controlling power dynamics through restructuring labor markets, social reproduction, and legal systems in ways that disproportionately impoverish women, particularly working-class women. The research maps diverse feminist engagements with neoliberal reforms, including structural adjustment programs, privatization, labor reduction, and legal liberalization. These critiques were influenced by the debates between Third World and transnational feminism, the thesis emphasizes the importance of national specific analysis in understanding how global neoliberal policies are mediated through national …

Navigating Radical Indeterminacy In The Struggle For A Global Collective Consciousness: The Question Of Eco-Justice And Law Or Universalize The Pluriverse: A Manifesto, More Or Less, Omar Auf

Theses and Dissertations

The processes of interpretation, communication, and re-interpretation leads to the emergence of an approximated collective consciousness, for which it may be struggled and contested by hegemonic. The dominant forces of this contest, capitalism and nationalism, lead to an interdivided world: one that possesses the tools to empathize with each other but is instead leading people to keep their heads down and focus on surviving their own contexts, perceived as existing within different historical times on the same timeline. This leads to legal and justice systems that fail their claim to universality and/or impartiality. Incorporating an ecological lens to justice within …

The Indeterminacy Of Customary International Law, Mohamed Diaa Tawfik

Theses and Dissertations

This thesis explores the judicial formation of customary international law and examines how international courts oscillate between interpretive and law-making functions. It analyzes key theoretical frameworks—including Kelsen’s Pure Theory of Law, Dworkin’s Law as Integrity, Kennedy’s radical indeterminacy, and Koskenniemi’s Descending-Ascending Approach—to understand how courts assert and shape customary norms beyond mere state practice and opinio juris. The work concludes that the International Court of Justice and other tribunals increasingly act as de facto lawmakers under the guise of interpretation, advocating the indeterminacy they try to avoid.

What Is Happening In The World Today And Why: Humanity’S Evolving Consciousness And The Role Of Archetypal Energies As Guides During An Unfolding Weeding Out And Alignment Process, Carroy U. Ferguson

Psychology Faculty Publication Series

What is happening in the world today and why? Humanity is evolving its consciousness at individual and collective levels. Given these seemingly tumultuous times, as of this writing (January 2026), to make such a statement may sound like a strange thing to say. However, I suggest that if you are alive today and if you are reading these words, these are the very times for which you were born--to assist Humanity as it evolves its consciousness with your unique gifts, whatever they may be. That is, this period of our individual and collective human being-ness may be characterized as an …

Seeing Beyond The Words: What Interdisciplinary Methodologies Reveal About International Law, Matthew S. Erie, Mark Pollack, Wolfgang Alschner, Beth Simmons, Katerina Linos

Scholarly Articles in Law Reviews & Journals

INTRODUCTION: On April 24, 2025, the International Law and Social Science Interest Group debuted at the ASIL Annual Meeting with a panel that posed a deceptively simple question: how can social science tools advance the work of international lawyers? Chaired by Chantal Thomas, the session brought together Matthew Erie, Wolfgang Alschner, Beth Simmons, and Katerina Linos— scholars who bridge doctrinal and empirical inquiry—to show how ethnography, computational text analysis, counterfactual inference, and mixed-method design can illuminate legal puzzles that doctrine alone cannot solve. The four short essays in this symposium provide parallel illustrations of this core theme: Erie’s ethnographic approach …

Antara Idealisme Dan Pragmatisme: Hukum Yang Efisien Sebagai Sarana Pembangunan, Reynaldi S. Prayoga

Jurnal Hukum & Pembangunan

This articles aims to analyze the Development Law Theory through the lens of efficiency in Economic Analysis of Law (EAL), particularly by employing the concept of welfare maximization and offering legal criteria as a means of development. The Development Law Theory formulated by Mochtar Kusumaatmadja emphasizes the function of law as an instrument of social reform to support national development. In practice, however, the will of those in power claimed to be part of the development agenda has often been justified through the use of legal instruments, thereby riskingthe obscuring of social objectives of development itself. This is due to …

Green Rules, Fragmented Fields: Member-State Approaches To Sustainability In Eu Competition Law, Niccolò Galli, Armando Santoni

Yearbook of Antitrust and Regulatory Studies

This article provides a comparative, normative-evaluative examination of how sustainability is being incorporated into European competition law. Combining doctrinal legal analysis with economic reasoning, it clarifies competing definitions of sustainability, maps the contest between the consumer-welfare paradigm and sustainability proponents, and evaluates the legal and institutional implications of the Commission’s 2023 Horizontal Cooperation Guidelines. Drawing on national initiatives across Member States plus the UK, the study highlights contrasting instruments, from Austria’s statutory environmental exemption to the Dutch soft-law safe harbour and Greece’s experimental sustainability sandbox, and shows how these divergent approaches produce fragmentation and legal uncertainty for cross-border cooperative initiatives. …

Towards Customizing Principled Negotiation Based On Culture: A Differentiated Approach, Monique Carels, Yannic Anthony Ratt

Journal of Dispute Resolution

Negotiation is a common part of our lives. We often negotiate with our spouses about the monthly budget, with our children to complete chores or homework, and when trying to get a better deal on a pre-owned vehicle. The negotiation process encompasses various aspects that are carried out differently and are influenced by culture. Thus, negotiation becomes intercultural when it involves at least two parties from different cultural backgrounds trying to agree on mutual interests