Digital Commons Network^™

Perang Irak- Iran Mengancam Keamanan Pelayaran Kapal Negara Netral, Rusdi Malik, S.H.

Jurnal Hukum & Pembangunan

Abstract

Advokat Dan Penegakan Hukum Dalam Perspektif Peradilan Pidana, Luhut M.P. Pangaribuan, S.H.

Jurnal Hukum & Pembangunan

Abstract

The Inequity Of Elective Shares In Second Marriages, Cynthia Li

Cardozo Journal of Equal Rights and Social Justice (ERSJ) Blog

Elective share statutes, the modern successors to the historical doctrines of dower and curtesy, serve as a vital legal safety net designed to prevent a decedent from intentionally disinheriting a surviving spouse. By forcing the decedent’s estate to distribute a specific share to a spouse who has been omitted from a will, these statutes protect against the rise of non-probate transfers and inter vivos gifts that might otherwise leave a survivor destitute.   Since 1990, the Uniform Probate Code (UPC) has grounded this protection in a “partnership theory” of marriage, which posits that spouses contribute to an economic partnership through both …

Historical Facts And Constitutional Law: New Challenges For Lawyers, Judges, And Scholars, Joseph Blocher, Brandon L. Garrett, H. Timothy Lovelace Jr.

Duke Law Journal

No abstract provided.

Historians For Hire: Evaluating Historian Expert Witnesses After Bruen, Jake Mcauliffe

Duke Law Journal

The Supreme Court in New York State Rifle & Pistol Association v. Bruen introduced a history-and-tradition test for Second Amendment challenges, directing courts to compare modern firearm regulations to past ones. To conduct this historical inquiry, litigants and judges have increasingly turned to professional historians as expert witnesses. This Note qualitatively examines how historian experts are used and received in post-Bruen federal litigation. It finds that a small group of repeat players—sixteen historians—make up this emerging field, typically appearing exclusively for either challengers or governments. These historians serve primarily in civil litigation, leaving a relative expertise gap in criminal cases, …

Singh V. Dist. Ct. [State Of Nevada], 142 Nev. Adv. Op. 25 (Apr. 02, 2026), Eden Tesfay

Nevada Supreme Court Summaries

Under the neutral-principles exception to the ecclesiastical abstention doctrine, civil courts are permitted to adjudicate disputes involving religious organizations so long as the issues are determinable without resorting to religious doctrines, practices, or texts.

Legal Pluralism And The Reception Of Trial By Jury In The Republic Of Georgia, Anna Dolidze, Valerie P. Hans

International Law Journal

This Article explores the historical, political, and socio-legal dimensions of the introduction and evolution of jury trials in the Republic of Georgia, framed through the dual lenses of legal pluralism and legal transplantation. It examines Georgia’s historical practices of peer judgment, its adoption of jury trials in the early 20th century, the abolition of jury trials under Soviet rule, and their revival after constitutional reforms in 2004. The study incorporates insights from legal pluralism theory, which emphasizes the influence of indigenous legal traditions and the dynamic interplay of official and unofficial laws. The Article describes the significant role of U.S. …

Sports Equality In The Ring: All Genders Can Catch These Hands, Gordon Chan

International Law Journal

This Article examines the intersection of sports governance, gender identity, and international human rights law, using boxing as a central case study to explore the inclusion of transgender and nonbinary athletes. Tracing the historical and cultural evolution of gender participation in sports from ancient civilizations to contemporary institutions, the Article highlights how colonial, patriarchal, and pseudoscientific ideologies have long shaped the regulatory frameworks of modern sports. The doctrine of lex sportiva, which governs international sports through autonomous legal norms, is analyzed for its exclusionary gender practices and resistance to external legal oversight. Focusing on the World Boxing Council (WBC), the …

Fairness To Informants And Cooperators Vs. Public Interest Protection -- A Comparative Analysis Of Legal Frameworks In The United States And Brazil, Luis Henrique Machado

International Law Journal

This Article offers a comparative analysis of the legal frameworks governing cooperation agreements in the United States and Brazil, focusing on how each system balances the competing imperatives of public interest protection and fairness to informants and cooperators. While both jurisdictions rely on the use of cooperating defendants to prosecute unlawful activities such as cybercrime, political corruption, narcotics offenses, and transnational organized crime, their institutional approaches diverge sharply. The United States—operating within an adversarial, prosecutor-centered tradition—grants prosecutors broad discretion in negotiating and enforcing cooperation agreements, with minimal judicial oversight. This discretion reflects a utilitarian logic that prioritizes prosecutorial efficiency and …

Beyond Borders: Exploring The Role Of Arbitration In Enforcing Mandatory Human Rights Due Dilligence Across Global Supply Chains, Ying Chen, Winnie Jo-Mei Ma

International Law Journal

Despite the recent global shift towards hard law regulation of corporate social responsibility, human rights violations continue to persist across global supply chains; businesses are rarely held accountable for their harmful practices. This Article examines two key instruments that regulate corporate responsibility with respect to human rights, with a particular focus on their enforcement and liability mechanisms. The first is international soft law instruments, specifically the United Nations Guiding Principles on Business and Human Rights, as well as the Organization for Economic Co-operation and Development guidelines. The second is regional and domestic hard laws, including the Corporate Sustainability Due Diligence …

Consent, Coercion, And Rupture: Rebuilding Trade In A Post-Authoritarian Future, Frank J. Garcia

International Law Journal

No abstract provided.

Addressing Legal Uncertainties In Article Versions And Institutional Copyright Policies To Support Immediate Public Access To Federal Grant-Funded Publications, Yuanxiao Xu

Copyright, Fair Use, Scholarly Communication, etc.

New federal public access policies—mandated by the 2022 OSTP Memo and already adopted by several key federal grant-making agencies—require authors funded by federal grants to deposit peer-reviewed publications for immediate public access. This paper explains how grant- receiving institutions and their affiliated authors can dispel legal uncertainties and comply with the new public access policies. Section I delineates how valid prior licenses enable public deposit of manuscripts notwithstanding later publishing agreements transferring copyright to the journals. Section II discusses the different versions of a manuscript created during the publication process. Section III describes the different types of third-party contributions incorporated …

Udział Społeczeństwa W Inwestycjach W Elektrownie Jądrowe W Świetle Sprawiedliwości Energetycznej, Artur Tyński, Bartłomiej Kupiec

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

Artykuł analizuje udział społeczeństwa w procesie inwestycyjnym dotyczącym elektrowni jądrowych w Polsce w kontekście sprawiedliwości energetycznej. Autorzy przedstawiają teoretyczne podstawy partycypacji obywatelskiej oraz powiązanie sprawiedliwości proceduralnej i uznania z akceptacją społeczną inwestycji jądrowych. W artykule omówiono aktualny stan prawny i praktykę udziału społecznego, wskazując na ograniczenia obecnych mechanizmów konsultacji i niedostateczne wdrożenie rozwiązań zwiększających transparentność i wpływ obywateli na decyzje. Przeanalizowano również przypadki panelu obywatelskiego w Republice Korei oraz praktykę konsultacji społecznych przy planowaniu pierwszej polskiej elektrowni jądrowej. W części końcowej przedstawiono rekomendacje de lege ferenda na rzecz wzmocnienia udziału społeczeństwa i realizacji zasady sprawiedliwości energetycznej w krajowych regulacjach.

Technology-Based Challenges To The Law Applicable To Trade Interdiction During Armed Conflict At Sea: The Law Of Naval Warfare And Convoy Operations, Rob Mclaughlin

International Law Studies

The practice of convoy involves the concentration of a group of merchant vessels under the control and direction of warships and military aircraft for the purpose of protecting it from belligerent capture or attack. The practice has often been described as obsolete, but asserting the demise of the convoy has been as regular as it has been premature. It is fitting that this operational practice be subject to an updated legal treatment and identification of new legal challenges. This article seeks to reassess the law applicable to convoys based on the consequences of certain post-1945 technological developments. It notes that …

Unwanted Histories, Christen Hammock Jones, Karen M. Tani

Duke Law Journal

The Supreme Court’s turn to history as a method of constitutional decisionmaking has both intrigued and alarmed professional historians, for reasons now well-rehearsed in the literature. This Article takes as a given that history is now part of judges’ work. It then invites judges to think more expansively about the type of history they could—and perhaps should—be producing. This task, in turn, means engaging with some of the central questions about methodology and sources that preoccupy professional historians.

This Article focuses on a source base that historians routinely rely upon but that courts have shied away from: personal accounts of …

Falsifying Tradition, Darrell A. H. Miller

Duke Law Journal

From cases spanning gun rights, reproductive freedom, religious liberty, and personal jurisdiction; to separation of powers and other structural features of the Constitution, courts increasingly rely on tradition to guide their decisions. Often, judges appeal to tradition in a vaguely empirical way, as “facts to study, not convictions to demonstrate about,” in the words of Justice Antonin Scalia. Yet, for a claim that purports to be factual, there’s very little agreement, or even analysis, about what renders this factual assertion—tradition—true or false. This Article tackles that basic issue.

Part I surveys the ways in which courts use tradition in different …

Journal Staff

Duke Law Journal

No abstract provided.

Masthead

Washington Journal of Law, Technology & Arts

No abstract provided.

When The Weeds Strike Back: Rethinking Aphis's Regulation Of Genetically Engineered Plants Post-National Family Farm Coalition V. Vilsack, Reagan Powers

Celebrating WCL Student Authors

No abstract provided.

Tradition Without Text?, Daniel B. Rice

Duke Law Journal Online

No abstract provided.

The Limitations Of Static Market Analysis In Addressing Innovation-Related Anticompetitive Conduct: A Comparative Study Of U.S., Eu, And Japanese Antitrust Law, Wuyi Yang

LL.M. Essays & Theses

From the antitrust law of both the US and Japan, one question has always been in my mind – why is analysis still fixated on immediate observable, superficial facts like the level of cost and quality? For purposes of practice – neither services nor products can be entirely represented by these dimensions alone. More and more creativity, more choice, and the way in which current market conditions will change our lives for good in the future – these are all important issues. However, these elements are all part and parcel of the ongoing process of competition and have effects that …

Article Iii's Constraints On The Legislative Power, Elizabeth Beske

Scholarly Articles in Law Reviews & Journals

Article III’s heightened concreteness standard for statutory harms takes federal judges deep into legislative terrain, jeopardizing statutory damage provisions and confining Congress to post hoc solutions rather than preemptive strikes. The Supreme Court has insisted that creating a cause of action is a legislative function. At the same time, its recent standing cases instruct lower federal courts to permit suit on statutory injuries only when they find actual harm that bears a tight connection to injuries recognized at common law. This new harm requirement rests uneasily with countless statutes featuring statutory damage provisions that are in place precisely because damages …

Is The Vice Presidency In Decline?, Roy E. Brownell Ii

Missouri Law Review

During the first four years of Dick Cheney’s vice presidency (2001–2005), the second office reached dizzying heights. His next term and the ensuing vice presidency of Joe Biden (2009–2017) witnessed a reduction in the office’s executive-branch prestige, influence, and accomplishments and a return to earlier modern norms. Afterwards, the vice presidencies of Mike Pence and Kamala Harris saw an additional decline, and the first fifteen months of JD Vance’s tenure do not seem to have reversed this trend. Is the office suffering from long-term decline, or is it merely experiencing an extended bump in the road?

Lawless Antitrust, John M. Newman

Fordham Law Review

No abstract provided.

Public Utility Law As Anti-Oligarchy Regulation, Ganesh Sitaraman

Fordham Law Review

No abstract provided.

Ai, Antitrust, And The Marketplace Of Ideas, Maurice E. Stucke

Fordham Law Review

No abstract provided.

Why Capitalism Needs Democracy And Democracy Needs Capitalism, Luigi Zingales

Fordham Law Review

No abstract provided.

Is Tax “Law”?, Luís C. Calderón Gómez

Fordham Law Review

Although taxation remains a hotly contested issue in debates by both politicians and political theorists—over the optimal size of government, distributive (and sometimes corrective) justice, or even the legitimacy of current private property arrangements—taxation has been largely ignored by legal theorists, to the detriment of both tax law and legal theory. This Article argues that tax law, driven by its battle against tax evasion, is in deep conflict with widely accepted conceptions of “legality”—that is, the qualities that make a rule distinctively and normatively “law.” This matters because legality is a key buttress in jurisprudential and political theory accounts that …

Minimal Success: The Consequences Of Mandatory Minimums In Youth Sentencing, Maya Chrobot

Fordham Law Review

In New York State, children as young as thirteen can be processed as adults and sentenced to mandatory minimum sentences. Mandatory minimum sentences require judges to sentence the defendant to a statutorily set minimum term of imprisonment. Practitioners, judges, and researchers question the efficacy of mandatory minimum sentences, finding that they are ineffective at deterring crime, decreasing bias in sentencing, and increasing community safety. Additionally, there is clear evidence about the damaging effects of incarceration on young adults. Instead of functioning as rehabilitative punishment, incarceration leads young adults to experience poor mental and physical health outcomes upon release, and they …

State Intervention In Local Zoning: Lessons From Housing Applied To Data Centers, Matthew De Boer

Fordham Law Review

There is growing regulatory tension at the intersection of data center development and local land use law. As states aggressively court data centers with tax incentives and economic policies, they have largely declined to regulate where and how these facilities are sited. Local governments, left to absorb the consequences, have responded unevenly, attempting to fit extraordinary land, water, power, and noise-intensive data centers into zoning frameworks designed for far less demanding industrial uses. The result has been a cycle of uncertainty and conflict: developers face unpredictable approvals, moratoria, and litigation, while residents bear escalating infrastructure strain, environmental impacts, and diminished …