Digital Commons Network^™

International M&A And Joint Ventures, Renata Antiquera, Jason Saltzman, Sydney Dennis-Birnbaum, Francisco Ugarte, Alejandra Daroch, Luigi Pavanello, Pawel Sikora, Anton Dzhuplin, Kristina Akalovich, Natella Kortiashvili, Albert Garrofé, Idoya Fernández, Lola Tejero, Mark Howard

The Year in Review

No abstract provided.

South Asia/Oceania & India, Namrata P. Rastogi, Aseem Chawla, Soniya Dodeja, Sanjay Notani, Naghm Ghei, Amit Gupta, Vidhi Goel, Hari Sankar Mahapatra, Katherine Maddox Davis, Alisa Rukbankerd

The Year in Review

No abstract provided.

China, Yanling Zheng

The Year in Review

No abstract provided.

Mexico, Kelsey Quigley, Josè Luis Lizárraga, John Walsh, Danielle Morris, Maria Camila Hoyos, David Ross, Lauren Mandell, Noah Guiney, Carlo Cannizzo, Enrique García, Vanessa Romero

The Year in Review

No abstract provided.

Canada, Jacob Mantle, Danny Yeo, Peter Jarosz, Tayler Farrell, Gannon Beaulne, Megan Steeves, Adam Mauntah, Salma Kebeich

The Year in Review

No abstract provided.

The Non-Binding Bind: Reframing Precatory Stockholder Proposals Under Delaware Law, Kyle A. Pinder

Michigan Business & Entrepreneurial Law Review

Rule 14a-8 under the Securities Exchange Act of 1934 allows stockholders to submit proposals for inclusion in a company’s proxy materials. The rule assumes that Delaware law provides stockholders with the right to submit non-binding proposals for stockholder approval. But as many have observed, this assumption lacks a firm basis in state law, particularly in Delaware. If such a right exists, a stockholder conducting its own proxy solicitation could submit numerous precatory proposals, including those advancing narrow or special interests. This article concludes that, under Delaware law, stockholders do not have an inherent right to submit precatory proposals. Accordingly, a …

Opposition To Renewable Energy Facilities In The United States: September 2026 Edition, Romany M. Webb, Ivonne Norman

Sabin Center for Climate Change Law

For the first time in nearly 2 decades, the United States is seeing rapid growth in electricity demand, driven by the data center boom as well as expanding electrification. Total electricity use in the United States reached a record high of 4,430 terawatt hours (TWh) in 2025 — almost 3 percent above 2024 levels — and is expected to continue growing at a similar rate through 2050. Meeting this increased demand, while continuing to advance action on climate change, will require a massive ramp up in renewable energy development. Notable progress was made in 2025, with utility-scale solar generation in …

Department Of Health Exerts Strong Control Over Cbct In Dental Offices: Regulations, Adopted Over Objection From Nysda, Take Effect Immediately., Lance Plunkett Jd, Llm

The New York State Dental Journal

On July 22, the New York State Department of Health finally adopted an entire set of new regulations covering all aspects of ionizing radiation. Contained in Article 16 of Title 10 of the Official Compilation of Codes, Rules and Regulations of the State of New York (10 NYCRR), the new regulations repealed and replaced the old Article 16. It is important to note that the new regulations are in effect only in counties outside of New York City. Dentists in New York City should still rely on guidance from the city Department of Mental Health and Hygiene. The regulations contain …

Extradition In The Early Republic: International Law And Constitutional Authority, Curtis A. Bradley

University of Chicago Law Review

This Article is the first comprehensive account of the constitutional foundations of U.S. extradition practice and its relationship to international law. Through detailed analysis of early American extradition controversies—including the Longchamps Affair and the Robbins case—the Article shows how political actors and courts constructed the modern constitutional law of extradition, resolving key issues concerning presidential power, the role of the states, and the scope of congressional authority. This regime, the Article argues, emerged not from appeals to the constitutional text or original understandings, but rather from structural intuitions, consequentialist considerations, and, as time went on, historical traditions. As the Article …

Native Marburys: Judicial Review In Tribal Courts, Elizabeth Hidalgo Reese

University of Chicago Law Review

Not all of America’s courts have judicial review. This Article is the first to dis- cuss a body of judicial review case law in which this extraordinary judicial power has been rejected, is a recent development, or is not yet a settled question—judicial review cases from tribal courts. In a time when skepticism about the power that judicial review gives to the federal courts is at an all-time high, it is that much more important that we look to other examples of government systems wrestling with whether to give their courts the power of judicial review—to other courts that are …

Establishing A Right To Civil Transcription, Shruti Bax

University of Chicago Law Review

Court reporters have long been a fixture of American jurisprudence, but tightening state budgets and a nationwide shortage of certified reporters have left many state court civil proceedings without any form of verbatim transcription at public expense. While litigants with means can hire private court reporters to accompany them to their proceedings, indigent parties must go without—even though the absence of a transcript is often deadly to one’s chances of prevailing on appeal, no matter how meritorious the claim.

In the 1956 case Griffin v. Illinois, the Supreme Court held that the principle of equal justice demands that “[d]estitute defendants …

Administrative Acquiescence: An Analysis Of Nonadverse Litigation Involving Administrative Agencies, Sami Winawer

University of Chicago Law Review

When an administrative agency declines to defend the constitutionality of its structure, courts must grapple with the unusual scenario in which the parties before it agree—or at least do not disagree—on the merits of the constitutional question at issue. This Comment seeks to provide some clarity to this area of the law by proposing a multifactor framework for courts to use at the standing stage when determining the justiciability of a question when the Executive declines to defend a federal statute, and explaining how these factors can be weighed in cases in which an administrative agency declines to defend some …

Beyond Regulatory Compliance: Reorienting Indonesia's Post-Mining Governance Through Ecological Justice, Suryaningsi Suryaningsi, Rosmini Rosmini, Andi Luthfi, Muhammad Sayyidus Cakrawala

Hasanuddin Law Review

Post-mining governance in coal-producing regions is often unable to translate regulatory compliance into actual ecological recovery, as evidenced by East Kalimantan's environmental challenges. Therefore, this study aimed to examine implementation gaps in Indonesia's legal framework for reclamation and propose legal reforms grounded in ecological justice. A socio-legal method was used to integrate normative analysis, semi-structured interviews with 12 multi-level stakeholders, and comparative assessments of Australia, South Africa, and India. The results identified four critical gaps, namely discrepancies between administrative compliance and ecological outcomes, inadequate financial assurance, uncertain land transfer, and fragmented institutional oversight. This study showed that regulatory compliance without …

A Bibliography Of Faculty Scholarship, Kathryn J. Dufour Law Library

Scholarly Articles

The purpose of this bibliography is to record in one place the substantial body of scholarship produced by the current faculty at the Catholic University, Columbus School of Law. From its humble beginnings under the tutelage of founding Dean William Callyhan Robinson, through its adolescent period when, like so many other American law schools, it was trying to define its pedagogical niche, to its eventual merger with the Columbus University Law School in 1954, the law school at Catholic University has always retained a scholarly and remarkably productive faculty. The sheer quantity of writing, the breadth of research and the …

Rebutting 38 False Claims About Solar, Wind, Electric Vehicles, And Battery Storage, Andrew Kieffer

Sabin Center for Climate Change Law

Achieving the United States’ ambitious emissions reduction goals depends in large part on the rapid adoption of wind and solar energy and the electrification of consumer vehicles. However, misinformation and coordinated disinformation about renewable energy is widespread and threatens to undermine the transition. In this report, the Sabin Center identifies and examines 38 of the most pervasive false claims about solar energy, wind energy, and electric vehicles, with the aim of promoting a more informed discussion.

Fda Policymaking In The Trump Deregulation Era, Jordan Paradise

Utah Law Review

This Article endeavors to contribute to and continue the conversation about how the Trump deregulatory agenda is impacting a vital national public health agency, the FDA, and our national collective public health in ways that deviate from longstanding agency policy and practice. Various other FDA policy actions deserve concerted attention by legal scholars, including the agency’s recent moves in the direct-to-consumer marketing (DTC) drug space through targeted warning letters and publicity about reforming the “adequate provision” standards, food additives and generally recognized as safe (GRAS) listing processes and directives to industry, adjustments to the biosimilar interchangeability requirements through guidance document, …

Post-Approval Problems, Anjali Deshmukh

Utah Law Review

Sitting across from 4-year-old Jessica’s parents, I whispered the truth: the most promising drug to fight their daughter’s disease was a therapy approved for adults, not for children her age. We could estimate the dose, monitor her organs, and hope the toxicity would not outpace the benefits, but there was no high-quality clinical trial data proving it was safe for kids like her yet, despite congressional mandates. Unexpected safety issues are often identified after drugs are approved and used outside of a closely controlled clinical trial, especially in understudied populations like children, the elderly, and pregnant women. When I asked …

A Primer Of Medical Device Regulation: How To Go From Reactive To Proactive To Better Protect Patient Safety, Sneha Dave, Rita Redberg

Utah Law Review

FDA oversight of medical devices has too often been reactive, following preventable disasters rather than based on a proactive commitment to patient safety. The history of the device framework, the expansion of expedited pathways, weak postmarket surveillance, broad preemption, and conflicted patient advocacy together create a perfect storm of a regulatory environment that tolerates uncertainty and externalizes costs onto patients. Reforms such as time‑limited breakthrough status, mandatory and enforceable postmarket studies, requirements for more robust safety and efficacy data, and strengthened reporting duty for clinicians would move device regulation closer to FDA’s statutory mandate to protect public health. It would …

Religious Persecution In Communist Albania Through Constitutional And Legal Acts, Sadik Haxhiu, Besard Belegu, Artan Fejzullahu

Occasional Papers on Religion in Eastern Europe

Following the victory of the communist regime in 1944, the new Albanian state built its institutions on a materialist worldview that stood in direct opposition to the universal principles of freedom of conscience and religious belief. The state progressively restricted religious practice until it banned it altogether. This anti-religious campaign proceeded along two tracks: anti-religious political propaganda and the adoption of legal acts prohibiting the practice of religion. A 1967 decree-law banned religious belief outright, and the 1976 Constitution declared Albania the first atheist state in the world. This paper is based on an analysis of legal acts, scholarly literature, …

From Humanitarian Aid To “Counterrevolution”: Foreign Assistance To Pentecostals In Soviet Ukraine And Its Criminalization By The Gpu–Nkvd, 1932–1935, Oleksandr Korotaiev

Occasional Papers on Religion in Eastern Europe

The article examines foreign assistance to Pentecostal communities in the Ukrainian SSR and the mechanisms of its criminalization by Soviet state security agencies in 1932–1935. Drawing on GPU–NKVD criminal investigation files, secret police reports, party-state documentation, personal correspondence, and memoir sources, the study reconstructs transnational channels of humanitarian support, practices of resource distribution, and the transformation of survival strategies into objects of political repression.

Particular attention is devoted to two distinct models of foreign assistance. The Odessa case demonstrates a centralized system connected to the former leadership of the All-Ukrainian Union of Christians of Evangelical Faith and transnational Pentecostal networks …

The Normative Status Of States' Obligations To Mitigate The Climate Crisis: Implications For The Right To Adequate Housing, Erna Dyah Kusumawati, Sasmini Sasmini

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

The convergence of the global climate crisis, pursuant to the UNFCCC Paris Agreement and its implementing protocols as well as the fundamental right to housing has fundamentally disrupted established legal paradigms, necessitating a rigorous re-examination of the normative status of state obligations. This paper examines the scope of governmental responsibility to mitigate climate-induced threats to housing security. Drawing upon international human rights frameworks and contemporary legal discourse, the study interrogates the complex friction emerging at the intersection of environmental mandates and housing protections. Through a systematic analysis of the existing literature and recent developments in the international climate change framework, …

Territorial Representation In Fiscal Governance: A Comparative Constitutional Analysis Of Indonesia's Regional Representative Council And South Africa's National Council Of Provinces, Endah Yuniningsih, Deden Rafi Syafiq Rabbani

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

This article examines the institutional role of territorial chambers in fiscal governance through a comparative constitutional analysis of Indonesia's Regional Representative Council (DPD) and South Africa's National Council of Provinces (NCOP). While the DPD was established to strengthen regional representation following Indonesia's decentralization reforms, its legislative role in fiscal policymaking remains institutionally constrained. Existing scholarship has primarily focused on the DPD's constitutional status in debates on bicameralism, with comparatively little attention to how constitutional design shapes the role of territorial chambers in fiscal governance and intergovernmental fiscal relations. Using a normative legal research method that combines statutory, conceptual, and comparative …

Geoengineering And Criminal Liability Comparative Lessons For Penal Reform, Zico Junius Fernando, Deviana Yuanitasari, Chairul Huda, Muhammad Yamani, Arimbi Fajari Furqon

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

Geoengineering has emerged as a controversial climate technology involving large-scale interventions such as cloud seeding, weather modification, and unregulated carbon capture. While these practices are promoted as solutions to climate change, they also generate significant ecological risks that remain largely unaddressed within criminal law frameworks. This article examines the absence of explicit criminal liability for geoengineering-related harms and explores how comparative legal experiences can inform future penal reform. This research uses normative research methods with several approaches, including comparative, conceptual, and futuristic approaches. The collected legal materials are analysed qualitatively, and content analysis is employed to classify and interpret relevant …

The Expansive Power Of The House Of Representatives As A Precondition For Constitutional Rot, Isnawati Isnawati, Adam Setiawan

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

This study examines how the expansive powers of the Indonesian House of Representatives have contributed to constitutional rot because those powers no longer operate effectively or proportionately. It identifies dysfunction in the House of Representatives through weak legislative performance, inadequate oversight of the executive branch, and transactional political practices in appointment processes. Using a doctrinal legal method and contemporary constitutional theory as its analytical framework, this study argues that the expansive powers of the House of Representatives constitute a precondition for constitutional rot, evidenced by the poor exercise of legislative authority and institutional intervention through amendments to the Rules of …

Reconstructing Legal Certainty In Legacy Oil Well Management: A Systemic Model For Resource Governance, Azhar Azhar, Bagaskara Sagita Wijaya, Siti Darwinda Mohamed Pero, Cynthia Azhara Putri

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

Legacy oil wells present persistent legal and institutional challenges in resource-dependent regions, where ageing infrastructure, informal extraction, environmental risk, and fragmented public authority intersect. This article examines how legal certainty is weakened in the management of legacy oil wells and how it may be reconstructed through a systemic model for resource governance. Using interdisciplinary socio-legal research, the study combines doctrinal legal analysis of Indonesia's oil and gas regulatory framework with qualitative field insights from Musi Banyuasin, a subnational setting in which formally recognised legacy wells coexist with community-operated wells. The analysis shows that legal uncertainty does not arise merely from …

Bank Indonesia's Floating Rate Notes (Bi-Frn) And Federal Reserve Instruments: A Comparative Analysis From An Institutional-Legal Perspective, Abdul Madjid Podungge

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

This paper analyses the legal validity of Bank Indonesia's Floating Rate Notes (BI-FRN) following the Law Number 4 of 2023 on the Development and Strengthening of the Financial Sector (P2SK Law) from a public law viewpoint. Doctrinal legal research utilises statutory, conceptual, and comparative methodologies, augmented by literature network visualisation, to pinpoint structural deficiencies. The network analysis reveals a significant divide between technical financial transactions and administrative legal oversight. The findings indicate that Article 11 of the P2SK Law enforces a stringent priority clause that centres monetary policy solely on Rupiah stability. This legal barrier prohibits abuse of power by …

How U.S. Legal Stagnation Can Be Aided By Decolonization, Marquel Gardner

McNair Summer Research Program

Decolonization is a term often used to present a simple shift from colonial thinking, heavily maintaining the establishment of colonial systems today. However, this usage oversimplifies and overshadows the word’s key purpose. Common proclamations of the term forgo the fundamental indigenous essence behind the word. Doing so, we not only strip the word of its inherent power, but obstruct further possibilities for actual decolonization to appear in our world. Many argue that the U.S. legal system, a product of colonial factors, has reached an alarming state. Our current legal, political atmosphere gears not towards justice or morality, but fascism and …

Two Paths Of Criminal Law Reform: From Shared Colonial Legacies To Divergent Legal Trajectories In Indonesia And Malaysia, Ade Adhari, Charisse Evania Tansir

Indonesia Law Review

Despite sharing colonial legacies in the development of their criminal law systems, Indonesia and Malaysia have pursued markedly different paths of criminal law reform, reflecting their distinct legal traditions and legislative philosophies. This article examines how these divergent reform trajectories are manifested through a comparative analysis of Indonesia's Law Number 1 of 2023 on the Criminal Code and Malaysia's Penal Code (Act 574). Focusing on three analytical dimensions—the principle of legality, criminal responsibility, and sentencing policy—the study adopts a normative legal research method supported by statutory, conceptual, and comparative approaches. Legal materials were collected through library-based research and analysed qualitatively …

From Contested Rights To Perceived Threats: The Securitization Of Lgbt And Its Human Rights Implications In Indonesia, Melkias Hetharia, Basir Rohrohmana

Indonesia Law Review

Debates on LGBT rights in Indonesia have largely centred on the legal recognition of same-sex relationships and their compatibility with religion, Pancasila, and the constitutional framework. Recent developments, however, require the discussion to move beyond the question of recognition. This article examines the evolving legal and policy treatment of LGBT persons in Indonesia, particularly following Presidential Regulation No. 111 of 2025, which identifies the “spread of LGBTQ culture” as a non-military threat. Using normative legal research and securitization theory, the article analyses Indonesian constitutional principles, marriage and human rights law, relevant Constitutional Court jurisprudence, defence policy, and documented experiences of …

The Eu’S Copyright Legislation For Generative Ai: Relevant To Indonesia?, Yolanda Simbolon

Indonesia Law Review

Tremendously copyrighted works are used to train Generative AI (Gen-AI) at the epicenter of current sectors. In many countries, there is a dilemma as to whether the amount of data used may infringe copyright. The EU is the one that has regulations on the use of copyrighted works as text and data mining (TDM) to train GenAI.  Meanwhile, Indonesia does not yet have a regulation, even though Gen-AI has been massively developed in Indonesia. Data has been used freely to train Gen-AI, even to modify works and damage the author’s reputation. This article investigates whether the EU’s copyright of Gen-AI …