Digital Commons Network^™

The Flaws Of Bruen And The Principle Of The Second Amendment, Cameron Collins

Catholic University Law Review

With a six Justice majority, the Court is more conservative than it has been in ninety years. No time has been wasted as the conservative Justices take aim at legal precedents left over from a more progressive era on the Court. There being no prior test established by the highest Court to review legal challenges on Second Amendment grounds, the Court took the opportunity to write new precedent in New York State Rifle Pistol Association, Inc. v. Bruen. Rather than stick with the means-end scrutiny framework that had been developing in the circuit courts, the Supreme Court established a …

For What? Resolving The Causation Split For Fmla Retaliation Claims, Lucy Wess

Catholic University Law Review

For over thirty years, the Family and Medical Leave Act (FMLA) has provided working Americans the opportunity to maintain their professional careers while juggling personal and familial health care needs. Like many other employment law statutes, the FMLA prohibits retaliation by employers against employees who exercise their rights under the statute. However, a circuit split as to the correct causation standard for FMLA retaliation claims leaves plaintiffs and defendant employers uncertain of case outcomes as well as the legality of the employer’s conduct. The Fourth and Eleventh Circuits held that the but-for causation standard is the proper standard in such …

Monetary System Upgrade Driven By Financial Technology: Path Exploration And Practical Insights Based On E-Cny, Chen Chen, Hong Chi, Ping Zhang, Yilei Liang

Bulletin of Chinese Academy of Sciences (Chinese Version)

Financial technology (fintech) is a key variable reshaping national financial competitiveness, and promoting the digital upgrade of the monetary system is a core task in building a financially strong nation. As a pivotal component of the monetary system, the electronic Chinese yuan (e-CNY), based on its inherent fintech attributes, serves as a critical practice for driving the monetary system towards a more advanced stage of evolution. Currently, the traditional monetary system faces three major challenges: low efficiency and high risks in cross-border payments, structural attenuation in monetary policy transmission, and a lack of digital safe-haven assets. Starting from the pilot …

Materi Muatan Peraturan Perundang-Undangan, A. Hamid S. Attamimi, S.H.

Jurnal Hukum & Pembangunan

Abstract

Masalah "Harta Karun", Dedi Soemardi, S.H.

Jurnal Hukum & Pembangunan

Abstract

Negara-Negara Baru Dan Masalah Perjanjian Internasional Sehubungan Dengan Pergantian Negara, D. Sidik Suraputra

Jurnal Hukum & Pembangunan

Abstract

Hukum Dan Keluarga, Dr. Ny. T. O. Ihromi, S.H., M.A.

Jurnal Hukum & Pembangunan

Abstract

Prospek-Prospek Harmonisasi Hukum Di Lingkungan Negara-Negara Asean, Prof. Dr. Mr. Sudargo Gautama

Jurnal Hukum & Pembangunan

Abstract

Perkembangan Hak-Hak Jaminan Atas Tanah Di Negara Kita, Abdurahman Abdurahman

Jurnal Hukum & Pembangunan

Abstract

Surat Saham Sebagai Instrumen Pasar Modal Dan Permasalahannya, M. Irsan Nasaruddin

Jurnal Hukum & Pembangunan

Abstract

Pemanfaatan Sosiologi Untuk Pengembangan Ilmu Hukum, Satjipto Rahardjo

Jurnal Hukum & Pembangunan

Abstract

Pengenalan Mengenai Penggunaan Jurimetri Dalam Hukum, Ronny Hanitijo Soemitro

Jurnal Hukum & Pembangunan

Abstract

Pemutusan Hubungan Kerja Di Perusahaan Swasta Dalam Beberapa Kasus, Putu Putra

Jurnal Hukum & Pembangunan

Abstract

Praktek Pembebasan Tanah Di Dki Jakarta : Apa Dasar Hukumnya, Tonny Kartono, S.H.

Jurnal Hukum & Pembangunan

Abstract

Sebab-Sebab Perceraian Dan Akibat-Akibat Hukumnya Dalam Praktek Sejak Undang-Undang Perkawinan 1974, Detty Tangkudung, S.H.

Jurnal Hukum & Pembangunan

Abstract

Ganti Rugi Kecelakaan: Apa Yang Dapat Kita Ambil Sebagai Pelajaran Dari Pengalaman Selandia Baru, James C Clad

Jurnal Hukum & Pembangunan

Abstract

Masalah Penemuan Hukum Baik Dalam Hukum Pidana Maupun Hukum Perdata, Bismar Siregar, S.H.

Jurnal Hukum & Pembangunan

Abstract

Masalah Tanggung Jawab Pada Chapter Pesawat Udara, E. Suherman S.H.

Jurnal Hukum & Pembangunan

Abstract

Standing In The Shadows: Member Anonymity In Associational Standing Cases, Mitchell Brost

Pepperdine Law Review

Associational standing serves several benefits for plaintiff members: associations often have expertise in a certain field that guides the representation of their members, they have greater resources that allow them to bring lawsuits in the first place, and they can serve as the public face of the lawsuit to shield the plaintiff member from serious retaliation that may result from bringing the claim. But due to some imprecise language in Justice Scalia’s majority opinion in Summers v. Earth Island Institute, circuit courts are divided over whether associational members can remain anonymous at all. Thus, individuals who have legitimate legal claims, …

Table Of Contents & Masthead, Mitchell Brost

Pepperdine Law Review

No abstract provided.

Jealously Guarded: The Right To Trial By Jury In Federal Court Under California’S Unruh Civil Rights Act, Denis Bogatin

Pepperdine Law Review

Since California adopted heightened pleading standards for high-frequency litigants alleging violations of the Unruh Act in state court, federal district courts have seen a surge of ADA and Unruh Act claims filed together to secure subject matter jurisdiction. Most courts dismissed the Unruh claims under their discretionary authority under 28 U.S.C. § 1367, but they remained divided on whether plaintiffs in these cases have a right to jury trial—statutory or constitutional. In 2025, the Ninth Circuit resolved part of the split in In re Tsay, holding that the Unruh Act provides a constitutional right to a jury trial because it …

The Power To Declare Peace, Michael Stokes Paulsen

Pepperdine Law Review

The Constitution gives Congress the power “to declare War.” The meaning of that grant of power is much debated, but its converse is much neglected: To whom does the Constitution assign the power to declare peace? This Article comprehensively examines the Constitution’s various assignments of the power(s) to make peace—constitutional powers to end, as a practical matter and as a binding legal matter, a prior legal condition of war. Both the President and Congress possess several such powers. The President has the power, with the advice and consent of two-thirds of the Senate, to make treaties, including peace treaties that …

Fluid Geographies: Water, Science, And Settler Colonialism In New Mexico, Wiley K. Waggoner

Natural Resources Journal

No abstract provided.

The Light Eaters, Anna Linn

Natural Resources Journal

No abstract provided.

Protection Forests: Intersections Of Law And Science, Jamison E. Colburn

Natural Resources Journal

The national forests of the eastern United States are where and what they are today based in good part on a mistake. When they were being acquired and established in the early twentieth century, hydrology was in its infancy. Yet many hydrologists and their students in government were promising that these forests would provide significant protection from floods. They promised more than they should have. Forests as protection from floods were embroiled in a contentious and prolonged factual inquiry almost immediately thereafter. Indeed, that inquiry would later mature into a distinct scientific subfield, forest hydrology, that went on to influence …

Rights Of Nature: An Argument For Judicial Economy, Anna Belinski-Huber

Natural Resources Journal

Tracing the evolution of the “rights of nature” movement from Indigenous law and early environmental ethics to modern global applications, this article reframes the debate around codification of legal rights for nature from moral theory to legal efficiency, arguing that the United States implicitly recognizes rights of nature within its environmental jurisprudence and statutory framework. Through detailed analyses of the Endangered Species Act, National Environmental Policy Act, Clean Air Act, and Clean Water Act alongside corresponding case studies, the author demonstrates how courts and Congress have already expanded standing, redefined injury, and recognized nature’s inherent right to exist and flourish. …

Everything The Light Touches Is Not Your Kingdom: Understanding The Statutory Silence In The Antiquities Act To Restrict Presidential Power, Lillian A. Bourne

Natural Resources Journal

There is no greater threat to our public lands than energy dominance. The 1906 Antiquities Act gave presidents the power to proclaim national monuments on public lands, and today the federal government protects over 11 million acres as national monuments. President Trump plans to revoke and shrink monument protections so that these lands can be used for oil, gas, and mineral drilling, destroying cultural artifacts with detrimental impacts to air, water, and land. The Antiquities Act does not give the president the power to revoke or shrink national monuments designated by prior presidents; the Act reserves this power solely to …

Introduction, Caroline Dunn, Rachel Swanteson-Franz

Natural Resources Journal

No abstract provided.

Outbound Investment Restrictions And International Law’S Challenge, Harlan Grant Cohen

Seattle University Law Review

The Outbound Investment Rule, restricting U.S. investment in certain Chinese advanced technology sectors, has largely been portrayed as an incremental measure, a modest extension to fill loopholes in the existing investment screening regime. But while perhaps the logical next step in the securitization of the economy, the Outbound Investment Rule actually reflects a momentous shift in the relationship between governments and business, one playing out in the United States and around the world and worth attention. Unlike traditional investment screening, the Outbound Investment Rule operates like a sanctions regime, designed not to protect the U.S. economy, but to hamper the …

Resilient Dispute Resolution Systems For International Energy Conflicts, Guillermo J. Garcia Sanchez

Seattle University Law Review

Energy-related conflicts are on the rise, spanning diverse issues such as the impacts of rare mineral mining on local communities, the impacts of sanctions on energy investments due to the Russia-Ukraine war, and the impacts of expanded subsidies on the electric vehicle and solar panel industries. Increasingly, companies, communities, and governments are clashing over the challenges of pursuing disparate and sometimes competing energy policies. This Article argues that dispute resolution mechanisms in the energy investment sector must be fundamentally rethought. Traditional semi-adjudicatory models, which focus on winners and losers, fail to accommodate the complex and multifaceted nature of contemporary energy …