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Korupsi Dan Pembalikan Beban Pembuktian, Wahyu Wiriadinata

Jurnal Hukum & Pembangunan

Abstract

The Federal Courts Jurisprudence Of Justice Clarence Thomas, Barnett J. Harris

Catholic University Law Review

In “Personal Precedent at the Supreme Court,” Professor Richard Re argues that Supreme Court justices tend to rely on their “previously expressed views of the law,” including their prior separate opinions when deciding new cases. Richard M. Re, Personal Precedent at the Supreme Court, 136 Harv. L. Rev. 824, 825–26 (2023). These “previously expressed views of the law,” which Re refers to as “personal precedent,” play an extremely important and previously unrecognized role in the development of the law. Re even contends that “though typically excluded from the law, personal precedent may actually be its building block.” Richard M. Re, …

Introduction, Jaxon Alston, Jessica Payne, Kaylie Vasquez

Minnesota Journal of Law & Inequality

No abstract provided.

Plutocratic Public Safety, Erin Collins

Texas A&M Law Review

Recent political events have laid bare the ways that the United States functions like a plutocracy, in which the ultra-wealthy exert influence over core governance functions. The criminal system is not immune from this influence. Big Capital shapes the operation of the criminal system in highly visible ways through its investments in policing technology, electronic monitoring systems, and correctional and detention systems. This Article shows how the economic elite shape the operation of the criminal system in a less obvious way: through philanthropic giving. Big Philanthropy provides another—albeit seemingly benevolent—avenue through which the ultra-wealthy can advance a vision of public …

Take Fair Housing All The Way Up: Navigating The Intersection Of Decentralization, Innovation, And Preemption, Melvin J. Kelley Iv

Texas A&M Law Review

Cities are the temporospatial embodiment of local economies, constructed on the scaffold of racial capitalism. Pursuant to decades of public-private ventures to entrench segregation, some cities have been given a treasure trove of resources while others have been—and continue to be—deprived. Community organizers and local governments in urban areas have attempted to disrupt enduring spatial inequities through policies advancing civil rights, economic justice, and sustainable development. But far too often these efforts have been brushed aside by sweeping state laws that intentionally, exhaustively, and punitively remove topics from the purview of local action. This Article responds to calls issued by …

Critical Lawyering Pedagogy: Transformational Legal Education, Carolyn Grose

Minnesota Journal of Law & Inequality

In an era marked by democratic backsliding, systemic inequality, and widespread disillusionment with legal institutions, traditional legal education has proven not merely inadequate, but actively complicit in reproducing the institutional norms, professional identities, and hierarchies that have enabled democratic erosion and the misuse of law as a tool of exclusion and domination.

This Article describes a comprehensive, justice-oriented framework that reimagines the structure, content, and outcomes of legal education to better meet those needs. Critical Lawyering Pedagogy (CLP) draws from Critical Pedagogy, Narrative Theory, and Critical Lawyering and challenges the entrenched hierarchies and exclusionary norms that dominate most law schools …

Pandangan Hakim Terhadap Keadaan Memaksa, Suhandi Cahaya

Jurnal Hukum & Pembangunan

Abstract

Pelaksanaan Hukuman Cambuk Di Nanggroe Aceh Darussalam Berdasarkan Perspektif Hak Asasi Manusia, Sheila Namira Marchellia

Indonesia Criminal Law Review

The Province of Nanggroe Aceh Darussalam imposes caning punishment as a sanction for several criminal offenses. Many parties consider this sanction to be a violation of human rights. This study employs a normative juridical method using statutory and conceptual approaches. Primary legal sources include Law Number 39 of 1999 concerning Human Rights, Qanun Aceh Number 12 of 2025 concerning Jinayat Law, the Indonesian Criminal Code, and Governor Regulation of Nanggroe Aceh Darussalam Number 10 of 2005 concerning Technical Guidelines for the Implementation of Caning Punishment. Secondary sources were obtained from legal literature and related legal theories. The results of the …

Proporsionalitas Penjatuhan Pidana, Eva Achjani

Jurnal Hukum & Pembangunan

Abstract

The Normative Evolution Of Political Crime In Egyptian Criminal Law 1881 – 1981, Anas Sayed Elkorashy

Theses and Dissertations

This thesis examines the historical evolution of the Egyptian criminal justice system's approach to managing political opposition. It employs the concept of "political crime" as a heuristic for analyzing the prosecution of dissent, despite the absence of a statutory definition within the legal system. By situating these practices within the broader context of political conflict, the study traces how criminal law has been used to manage rivalry and neutralize perceived threats to the state. Drawing on Fraenkel’s theory of the "Dual State," the thesis argues that modern Egyptian criminal justice has developed through a distinctive dual structure. The research distinguishes …

Anak Nakal: Diversi Dan Dilema Penerapannya, Eva Achjani Zulfa

Jurnal Hukum & Pembangunan

Abstract

Hak Asasi Manusia (Ham) Atas Lingkungan Hidup (Suatu Rekfleksi Sosio Yuridis Atas Implementasi Penyelesaian Sengketa Lingkungan), Junior B. Gregorius

Jurnal Hukum & Pembangunan

Abstract

Dealing With The Wrongs And The Rights: Lessons On Lethal Self-Defense From Durham, North Carolina, Emily Bass

DePaul Journal for Social Justice

The tragic loss of seventeen-year-old Trayvon Martin and the lack of accountability that George Zimmerman faced for fatally shooting him in their Florida neighborhood inspired countless calls for politicians to reexamine self-defense laws. Still, long before stand-your-ground laws, the same racist undertones that plagued Zimmerman’s trial prevented other state courts from holding accountable those who use excessive force in proclaimed “self-defense” and killed Black teenagers.

In 1993, then fifteen-year-old Jamal Elliott and several of his friends broke into the garage of Durham, North Carolina resident Michael Seagroves, hoping to steal a motorcycle. As Jamal ran from the garage, Seagroves shot …

Variations In Moral Decision Making: In Morally Ambiguous Scenarios, Riley N. Eaton, Victoria Kempton, Edward Lansing, Troy R. Welker

Aurora

People are tasked with making decisions that often come with consequences, whether it be for someone else or themselves. Due to this, there is an ambiguity in understanding what is “right” and “wrong” in a given scenario. However, limited research has examined how interpersonal relationships and intensity of the punishment may affect this decision-making process. This study examines the effect of interpersonal closeness and punishment intensity on moral decision-making, defined in terms of fairness and empathy. Participants (N = 54) from a midwestern university were randomly assigned to one of three interpersonal closeness conditions (close friend vs. close friend, close …

Awards Ceremony: Class Of 2026, Notre Dame Law School

Commencement Programs

On Friday, May 15, Notre Dame Law School recognized its graduating students at the annual Awards Ceremony. Awards were presented for academic achievement, including Honor Roll, Dean’s Circle, Faculty Excellence, and Program of Study distinctions, as well as for excellence in writing, trial advocacy, and moot court. Students were also celebrated for their service to Notre Dame, their classmates, and the broader community. Below, we highlight a selection of this year’s awards and recipients. Read the full news story here.

Hukuman Mati Pasca Putusan Mahkamah Konstitusi, Todung Mulya Lubis

Jurnal Hukum & Pembangunan

Abstract

Restorative Justice Sebagai Alternatif Perlindungan Hukum Terhadap Korban Kekerasan Dalam Rumah Tangga, Rena Yulia

Jurnal Hukum & Pembangunan

Abstract

When The Second Amendment Meets The Third Dimension: Bruen In The Age Of 3d-Printed Firearms, Andrew Touma

Duke Journal of Constitutional Law & Public Policy Sidebar

3D-printed firearms pose a serious threat to the public by allowing individuals to circumvent traditional regulatory safeguards. Although the first shot from a 3D-printed firearm was over a decade ago, these weapons continue to exploit gaps in the federal regulatory scheme. In the meantime, state governments have adopted a variety of approaches to regulating 3D-printed firearms. As 3D printing pushes firearms technology into the future, the Supreme Court's decision in New York State Rifle & Pistol Ass'n v. Bruen directs Second Amendment doctrine to look to history, leaving questions over whether a decidedly historical methodology could effectively adapt to technological …

What The Court Tells Reporters: A Discourse Analysis Of Press Interviews With The Justices Since 2000, Brown James

UC Law SF Communications and Entertainment Journal

The Supreme Court of the United States is among the most influential institutions in American life, yet it is also well known to be one of the most secluded and inaccessible. By and large, the justices only pass their thoughts and decision-making processes to the public via their official written opinions, and seldom grant interviews to reporters. General press coverage of the Court has been given considerable scholarly attention, but the limited interviews the justices grant to the press receive comparatively little attention. This article examines those interviews by analyzing 82 press interviews with active and retired justices from 2000 …

Don't Ask, Don't Tell, Don't Possess: Mapping A Potential Second Amendment Challenge To 18 U.S. Code § 922(G)(6), Emil Zakarian

Duke Journal of Constitutional Law & Public Policy Sidebar

For decades, the United States military discharged LGBTQ+ service members based on their sexual orientation, often assigning discharge characterizations that carry enduring legal consequences. One overlooked consequence arises under 18 U.S.C. § 922(g)(6), which prohibits individuals discharged "under dishonorable conditions" from possessing firearms. Although this provision has received limited judicial scrutiny, the Supreme Court's decision in New York State Rifle & Pistol Ass'n v. Bruen calls its constitutionality into question by requiring that modern firearm regulations be consistent with the Nation's historical tradition of regulation.

This Note argues that § 922(g)(6) is constitutionally vulnerable as applied to veterans discharged solely …

How Is Going To War Like Buying A Car?: The Bargaining Model Of War, Richard R. Johnson

The US Army War College Quarterly: Parameters

The bargaining model of war, a popular, yet complex international relations theory, emphasizes how nations communicate signals regarding military strength, resolve to fight, and foreign policy goals. Since the military plays a major role in communicating these signals, its leaders should understand this theory, despite its complexities. This article explains the model and its components through the used car sale bargaining process and supplements the analogy with real-world examples of international events. This article will help military and foreign policy professionals easily grasp the concepts of the model.

Becoming Our Best: Professional Identity Formation As A Pathway To Lawyering Excellence In The Age Of Generative Ai, Jessica Lynn Wherry, Frances C. Delaurentis

St. Mary's Law Journal

No abstract provided.

Redefining The Law Of Bloodstain Pattern Analysis, Richard Caldwell

St. Mary's Law Journal

No abstract provided.

Resisting Nullification In Excessive Force Prosecutions, Sarah E. Wagner

Buffalo Law Review

Police violence in the United States occurs at an alarming rate. Enforcing federal criminal laws aimed at holding law enforcement officers accountable for their misconduct is difficult. Even where there is strong evidence of guilt, jurors often acquit officers rather than allow them to face criminal consequences for their actions. This Article examines suspected nullification verdicts in excessive force cases through the lens of an expansive body of research on juror and jury decision making. What emerges is the theory that nullification verdicts in excessive force cases are a function of the presence of one or more authoritarian jurors, the …

“Justice” By Deception: The Immigration Regime’S Longstanding Reliance On Fraud And Coercion, Lori A. Nessel

Buffalo Law Review

No abstract provided.

Shadows, Not Substance: Trump V. United States, Presidential Criminal Immunity, And Bribery, Lennon Greco

Buffalo Law Review

No abstract provided.

Statutes Of Unjust Limitations: An Argument In Favor Of Increasing The Statute Of Limitations For Civil Cases Of Adult Sex Crimes In Texas, Athina E. Castañon

The Scholar: St. Mary's Law Review on Race and Social Justice

This Comment argues that Texas’s current five-year statute of limitations for civil claims arising from adult sex crimes is unjust and misaligned with modern trauma research. While Texas has enacted meaningful legislation for child survivors, adult survivors who experience sexual violence after the age of eighteen remain subjected to an arbitrarily short filing window that fails to account for the psychological, social, and economic barriers to reporting and litigation. Drawing on historical context, trauma-informed research, and a comparative analysis of reform efforts, this Comment demonstrates how rigid statutes of limitations disproportionately harm survivors and undermine access to civil justice.

Bridging The Language Gap: Enhancing Interpreter Support And Service For The Benefit Of The Lep Community, Morgan Kuchta

The Scholar: St. Mary's Law Review on Race and Social Justice

English is the language of the court, but when it intends to serve a multilingual public, there must be a strong commitment to uphold the rights of limited English proficient (LEP) individuals. LEP individuals, particularly those that speak rare languages, are disadvantaged by various issues impacting interpreters and the courts. When only the interpreter’s words are reflected in the courtroom and the transcript, it is essential that the court ensures the accessibility of qualified interpretation, as any omission or misinterpretation can hinder access to justice. We must protect the interests of LEP individuals trying to navigate the court system, and …

No Child Left To Heal Alone: Rethinking Restitution For Child Victims Of Sexual Abuse, Jessica Valiani

Advanced Issues in Criminal Law: Sex Offenses

This paper examines the long-term psychological, emotional, and financial harms suffered by child victims of sexual abuse and argues that existing restitution statutes in the United States fail to provide meaningful, sustained support for survivors. Drawing on developmental psychology research, criminal restitution frameworks, and comparative state statutes, the paper demonstrates how current laws often limit recovery to narrow categories of offenses or leave compensation largely discretionary. The paper further analyzes Kentucky’s “Melanie’s Law” as a model for imposing ongoing offender-funded obligations and proposes a new child-centered restitution statute requiring convicted offenders to fund therapy and treatment for survivors of child …

Hukum Acara Pidana Dalam Pelaksanaan Peradilan Di Indonesia (Tinjauan Empiris Terhadap Keseimbangan Penegakan Hukum Dan Perlindungan Hak Asasi Manusia), Otto Comelis Kaligis

Jurnal Hukum & Pembangunan

Abstract