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Bebas-Aktif: On The Law Of Neutrality Applicable To Indonesia, Arie Afriansyah, Hitoshi Nasu

Indonesian Journal of International Law

Tensions have heightened in the Indo-Pacific, with the People’s Republic of China engaging in aggressive behaviors in the South China Sea, confronting India in border disputes, and poising itself for a forcible unification of Taiwan in the midst of a great power competition with the United States. While the situation remains precarious, it is imperative for Indonesia to consider how it might position itself if a large-scale armed conflict erupted in the region. Indonesia could plausibly maintain a neutral status without taking part in hostilities, pursuant to its long-standing “free-active” foreign policy. In such a case, the law of neutrality …

Bbnj Agreement And The Negotiation Process: An Analysis From Developing Country Perspective With Special Focus On Indonesia, Simi K K, Kavitha Chalakkal

Indonesian Journal of International Law

The governance of marine genetic resources from areas beyond national jurisdiction (ABNJ)and regulating access to this regime in all available and existing forms is a core issue before international policymakers. The recently concluded BBNJ Agreement negotiations for the conservation and sustainable use of marine biological resources from areas beyond national jurisdiction was a platform to negotiate for a new legal instrument to address the core issues related to marine diversity from ABNJ, as agreed under the UNGA Resolution 72/249 to address the problems identified in the 2011 package. Defining MGRs and developing appropriate access and benefit-sharing mechanisms for marine biological …

Analyzing The Role Of Socio-Political And Cultural Factors In The Implementation Of Transitional Justice In Afghanistan From 2001-2021, Narwan Alawi, Tufail Ahmad Peerzada

Indonesian Journal of International Law

After the end of conflicts, countries generally try to prosecute the criminals who committed war crimes and violations of human rights during conflicts and civil wars to prevent the recurrence of such incidents. In some cases, special courts have been established to trial the perpetrators of these crimes. In post-2001 Afghanistan, as foreign forces led by the USA removed the Taliban from power and with the establishment of the Republic of Afghanistan, a new phase of transitional justice was anticipated. Although the Afghans initially hoped that justice would not be ignored, however, preference was given to establish peace, and the …

In-Depth Analysis On Strengthening Sanctions For Fisheries Violations In Indonesia: Challenges, Obstacles, And Reform, Maya Shafira, Muhammad Akib, Fx Sumarja, Ahmad Irzal Fardiansyah

Indonesian Journal of International Law

Illegal, Unreported, and Unregulated (IUU) Fishing remains a significant challenge for Indonesia, posing threats to its marine resources, economic stability, and national sovereignty. This study examines the enforcement of sanctions against fisheries violations in Indonesia from an international legal perspective. It explores how Indonesia aligns its regulatory framework with global legal instruments, such as the United Nations Convention on the Law of the Sea (UNCLOS), the Port State Measures Agreement (PSMA), and regional agreements within ASEAN. The research identifies key challenges, including legal inconsistencies, enforcement limitations, and jurisdictional complexities, which hinder the effective prosecution of fisheries crimes. It also analyzes …

The Roots And Risks Of Domestic Violence: A Holistic Review For Law Enforcement, Kiley Elsenpeter

Master of Arts in Human Services

Domestic violence (DV) is a global issue that disproportionately impacts women, producing harmful consequences for victims, families, and the community. DV involves a multifaceted interplay of individual, social, cultural, and policy elements, with intimate partner violence (IPV) representing the primary risk factor for intimate partner homicide (IPH), highlighting male-perpetrated DV as a focal concern. This review of existing literature thoroughly elucidates the predominant roots, consequences, and risk factors associated with DV, underscoring the significance of cultural awareness, trauma-informed care (TIC), and the application of evidence-based risk assessment tools within law enforcement (LE) frameworks. LE officers are uniquely positioned to detect …

Bars, Barristers, And Bias: A Content Analysis Of Legal Plays, Evan Chartock

Media and Communication Studies Honors Papers

This content analysis paper investigates the portrayal of the legal profession onstage within legal dramas first performed in the twenty-first century. There has been no previous research that has focused on a comprehensive analysis of the specific content of legal dramas, so this study is exploratory in nature. This study emphasizes the importance of learning about the content characteristics of legal plays and legal characters. This content analysis seeks to answer two research questions. First, do playwrights of legal plays first performed between 2000-2024 belong to similar identity demographics, write about similar content, and/or have similar messaging regarding the notion …

A Quiet Revolution In Intellectual Property Value And Protection: Cybersecurity Law’S Continuing Rise, Michael S. Mireles

Seton Hall Law Review

No abstract provided.

Assisted Outpatient Treatment: A State-By-State Comparative Review, E. Lea Johnston, Autumn Klein

Cleveland State Law Review

Assisted outpatient treatment, otherwise known as preventive outpatient commitment, is rapidly expanding across the United States, aiming to address mental health needs and reduce homelessness, hospital costs, and community violence. Since 2019, fifteen preventive outpatient commitment statutes have been passed or expanded. These statutes, which authorize courts to mandate community treatment for nondangerous individuals with mental illnesses, have evaded close scrutiny, rest on misconceptions, and raise significant constitutional concerns. An analysis of legislative debates, court opinions, and scholarship reveals a fundamental misunderstanding about the prevalence of these laws, which contributes to their speedy passage. Additionally, no analysis exists of these …

“Very Little Cause At All”: The Erosion Of Job Security For Ohio Teachers, Philipp Corfman

Cleveland State Law Review

As education becomes an increasingly divisive partisan issue, with teachers caught in the crossfire, it is more important than ever that teachers have protection from unfair or politically-motivated terminations. The Ohio Teacher Tenure Act was enacted 80 years ago to give teachers this essential job security. However, this Note examines the bizarre fact that, after a recent series of state court opinions, the Act now gives Ohio teachers less job security than other unionized public employees. By essentially forbidding adjudicators of teacher terminations from considering proportionality, length of service, and due process, these holdings leave teachers in a far more …

Copyright Statement, Cleveland State Law Review

Cleveland State Law Review

No abstract provided.

Masthead, Cleveland State Law Review

Cleveland State Law Review

No abstract provided.

Cover, Cleveland State Law Review

Cleveland State Law Review

No abstract provided.

Remaking Rulemaking: Lessons From The History Of Federal Rule Of Civil Procedure 54(B), Brad Baranowski, Emery G. Lee Iii

Cleveland State Law Review

This Article uses the lost history of Federal Rule of Civil Procedure 54(b) to provide a framework for rulemaking at the busy intersection of complex litigation and appellate finality. The drafters of the original civil rules spent more time thinking through how to efficiently combine claims and parties in civil actions—a promised benefit of the proposed law-equity merger—than about how combined claims should be dis-assembled. This failure would haunt the original Advisory Committee on Civil Rules for years. Nowhere was this more evident than in the first decades of Rule 54(b)’s existence.

Promulgated in 1938, Rule 54(b) was designed to …

Mmu: 04/28/25–05/04/25, Student Bar Association

Monday Morning Update

This Week @ NDLS

Mass Times

Commons Daily Menu

Saint of the Week

General Announcements

Why Did The Irs Restart Transfer Pricing Litigation?, Reuven S. Avi-Yonah

Articles

In his excellent recent article on Coca-Cola’s appeal of its transfer pricing defeat in the Tax Court, Tax Notes contributing editor Ryan Finley explains that Coca-Cola’s main argument is based on the idea that “the IRS led the company into an ambush.” In 1996 the IRS entered into a closing agreement with Coca-Cola that provided that for the 1987 through 1995 tax years, the division of profits between Coca-Cola and its foreign “supply points” (the subsidiaries responsible for mixing the secret formula) would be based on a 10 percent return to the subsidiary and that any profit above that would …

Science And Causality In Technology Litigation, J. Nathan Matias, Jonathon W. Penney

Articles & Book Chapters

No abstract provided.

Immoral Hazards, John Aloysius Cogan Jr.

Seton Hall Law Review

No abstract provided.

Board Of Officers - Vol. 55, No. 4 2025

Seton Hall Law Review

No abstract provided.

True Threats Of Coercive Control: Stalking Communications, Counterman V. Colorado, And The First Amendment, Myron Minn-Thu-Aye

Seton Hall Law Review

No abstract provided.

When Less Information Is Actually More: A Modest Proposal For Securities Reform, Daria Beshentseva

Seton Hall Law Review

No abstract provided.

Cultivating Legal Protection: Replacing Wine Labeling Regulations With Regional Certification Marks, David Corasaniti

Washington and Lee Law Review Online

While wine labeling in the United States is currently governed by a complex regulatory framework administered by the Alcohol and Tobacco Tax and Trade Bureau (“TTB”), intellectual property (“IP”) rights for wine producing regions could serve this core function of protecting consumers better and more efficiently. Regulating wine labeling through IP would more closely mirror the system used by the European Union, which recognizes Geographical Indications, such as Champagne, Rioja, and Bordeaux, as a unique form of IP. By deregulating American wine labeling, and encouraging wine producing regions to assert their IP rights in the form of collectively held certification …

The Impact Of Erlinger V. United States On State Recidivist Sentencing Laws, Chad Flanders

Washington and Lee Law Review Online

In Erlinger v. United States, the United States Supreme Court ruled that finding that an offender had committed two felonies “on separate occasions” under the Armed Career Criminal Act had to be done by a jury, not a judge. In one respect, the decision is narrow: it is an extension of the Court’s Apprendi jurisprudence. But in another respect, the decision is far-reaching. As some state appeals courts have already realized, the decision makes unconstitutional state laws that give the judge—rather than the jury—the power to decide whether someone is a “persistent” or “habitual” offender based on whether a …

"Regarding" Thirty-Eight Months To Nowhere: The Need For Congressional Revision Of The Provisional Waiver Process, Omar A. Serrano

Seton Hall Law Review

No abstract provided.

Ndls Communicator: Week Of 04.28.25, Notre Dame Law School

NDLS Communicator

The Latest News

• Notre Dame Law School Hosts Inaugural Affinity Alumni Reunion Weekend
• Yusef Salaam shares message of justice, faith, and legacy at Notre Dame Law School
• American Constitution Society selects ND Law's Varun Cidambi as a 2025 Next Generation Leader
• Faculty profile: Professor Svitlana Khyliuk, leading expert in criminal justice and the European human rights system

Faculty Briefs

• Last week, Paolo Carozza was interviewed by a variety of news outlets in connection with 11 new published decisions by the Meta Oversight Board.
• Carter Snead appeared over the weekend on LiveNOW from FOX in a ten-minute interview about the direction …

Table Of Contents, Cleveland State Law Review

Cleveland State Law Review

No abstract provided.

The Unwanted Child: A Historical Note, Lawrence M. Friedman

Cleveland State Law Review

Historically, the illegitimate child was unwanted: was "filius nullius," or nobody's child—a child without rights, and socially stigmatized. In many ways, both law and society conspired against these children. But both literature and the living law demonstrated that, in the 19th century, there were pockets of sympathy and understanding for these children. And the status of the illegitimate child changed over the years: both with regard to inheritance rights, and to position in society. Adoption law also made the unwanted, wanted—at least by the adopting parents. The marital status of parents became legally and socially more and more irrelevant over …

Her Bun + My Oven = Our Child: Protecting The Legal Parentage Of Lgbtq+ Mothers And Their Children Conceived Via Reciprocal In Vitro Fertilization In Ohio, Courtney Hutchinson

Cleveland State Law Review

This Note discusses legal parentage in Ohio for two-women couples who expand their families via reciprocal in vitro fertilization or egg-sharing, where one woman is the genetic parent and the other is the gestational parent. Currently, the gestational mother is guaranteed legal parentage at the time of the child’s birth, while the genetic mother must petition the court for a formal adoption to protect her legal rights. A thorough review of court precedent regarding same-sex marriage makes clear that the public policy of Ohio permits two women to share in the legal rights of parentage. Furthermore, Ohio courts have regularly …

Courting Oblivion Part Ii: How To Revive American Reconstruction By Feigning Forgetfulness, Joshua J. Schroeder

Cleveland State Law Review

This is the second part of the three-part Courting Oblivion series on the legal concept of oblivion, meaning legal forgetfulness, letting go of the past, or forgiveness usually to predicate a second chance, a restart, or even an era of reconstruction. This Article demonstrates how to apply the “right to move on” described in Part I to the law in the United States through acts of oblivion and amnesty. It describes the general uses of acts of oblivion and amnesty to the general framework of government in the United States, leading to the final discussion in Part III about the …

How To Be Unique: A Guide To The Law School Admissions Process, Abigail E. Bjerke

Master's Projects

The law school admissions process can be a difficult thing to navigate, especially with updates that occur each year throughout the process. Therefore, this guide to law school admissions aims at making said admissions process easier to understand for all law school candidates. In the guide, there are several chapters regarding specific steps in the admissions process alongside an extended literature review of already existing guides or relevant articles.

Yoder In Brooklyn? Rapidly Expanding Free Exercise Jurisprudence, New York State School Regulations, And Hasidic Yeshivas, Jonathan Acampora

Seton Hall Law Review

No abstract provided.