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The Present Interregnum: The Ultra-Right Revolution, María Pía Lara

Emancipations: A Journal of Critical Social Analysis

This paper deals with recent political consequences of presentism as conceptualized by the historian Francois Hartog. It clarifies how our experiences of time and history have enlarged the present and the past and have almost disappeared the future (except for catastrophic views). The consequences of these changes in the experiences reflect profound changes in expectations about the future, and how this regime of historicity allows people to become disoriented. They were moved into the margins of precarity. As a result, many of their views on politics find resonance redesigned by the distorted narratives of ultra-right leaders who blame those who …

Why I Am An Activist, Mirella Elgersma

Emancipations: A Journal of Critical Social Analysis

No abstract provided.

Gamesmanship In Civil Litigation, Edith Beerdsen

Georgia Law Review

In civil litigation, strategy is everywhere. Some of it is explicitly envisioned by rules of procedure, but other forms of strategy rely more on clever exploitation of gaps in the rules, sometimes through trickery, surprise, or psychological mind games. The role strategy plays in civil litigation is underexamined, which raises two concerns: first, this lack of attention entrenches strategy by default as a procedural value in competition with accuracy, efficiency, and other procedural values. Second, it amplifies the disadvantages experienced by unrepresented litigants. This Article builds on earlier work to examine how courts shape the space that litigants have for …

The Future Of The Furman Challenge To The Death Penalty, Scott W. Howe

Georgia Law Review

This article revisits the core argument against the death penalty that Professor Anthony Amsterdam offered in Furman v. Georgia. The article situates itself, however, in a modern, forward-facing context by accounting for post-Furman death penalty developments. These include the thirteen federal executions during the last six months of President Trump’s first term, the thirty-seven commutations of federal death sentences by President Biden, and the executive order by President Trump, issued on the first day of his second term, directing vigorous use of the federal death penalty and aid and encouragement in the use of capital punishment by the …

An Evidence-Based Approach To Fair Use, Clark D. Asay, Cree Jones, Cassidy Mccleary, Stephanie Plamondon

Georgia Law Review

Recent Supreme Court cases have opened the door for market effects to play an even more prominent role in copyright law’s fair use defense to copyright infringement. Historically, however, market effect analysis under fair use’s factor four has either been largely speculative or merely a repackaging of analysis done under the first three factors of the fair use defense. We argue that recent developments in data availability and causal estimation in the social sciences enable litigants and courts in many cases to engage in a more fulsome and credible analysis of market effects in fair use cases. As a proof …

Lawyering In The Wake Of Loper Bright: How Loper Bright Is Shifting Advocates' Argumentation Style, Russell Kiser

Georgia Law Review

The Supreme Court definitively overruled Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc. in the landmark decision of Loper Bright Enterprises v. Raimondo, marking the most consequential transformation of administrative law in four decades. Prior to Loper Bright, Chevron’s deferential two-step framework provided the standard by which courts interpreted statutes administered by federal agencies. Loper Bright abrogates Chevron’s familiar standard, holding that courts should no longer defer to an agency’s interpretation of its enabling statute whenever the statute is deemed ambiguous. This shift in precedent potentially opens the floodgates for challenges to agency action based …

Pet Shops And Preemption, Genevieve Schaaf

Georgia Law Review

In December 2019, the Georgia Office of the Attorney General released an Opinion stating that the City of Canton Code of Ordinances, Chapter 18, Article XIV restricting the sale of pets by retail pet shops was in direct conflict with the Georgia Animal Protection Act and therefore preempted under the Georgia Constitution’s Uniformity Clause.

This Note seeks reconsideration of the Attorney General’s Opinion and argues that despite the Attorney General’s Opinion, local ordinances restricting the kinds of animals available at pet shops should remain a legally viable way for local governments to reduce the retail sale of cats and dogs.

Governing Cyberterrorism In Indonesia: Resilience And Gaps In The Draft Cybersecurity Law (Ruu Kks 2025), Eko Setyo Utomo

Indonesia Law Review

Indonesia’s accelerating digital transformation and persistent terrorist threats expose both resilience gains and governance gaps in its cybersecurity framework. This article examines the Draft Law on Cybersecurity and Resilience (RUU KKS 2025), which consolidates the authority of the National Cyber and Encryption Agency (BSSN) and strengthens protections for critical information infrastructure. While the bill enhances technical resilience and institutional coordination, it remains silent on cyberterrorism, leaving statutory, institutional, and international gaps. Drawing on cybersecurity theory, securitization theory, and hybrid warfare theory, the study argues that resilience without terrorism-specific provisions is strategically insufficient. Comparative analysis with the United Kingdom’s Terrorism Act, …

The Indonesian Guardianship And Indonesian Private International Law, Tiurma Mangihut Pitta Allagan, Dinda R. Himmah, Amirah Hisana

Indonesia Law Review

The increasing of number of cross-border legal relationships, especially family legal relationships, is inevitable. For instance, it is also commonly accepted for a foreign national to have a legal-bond with children from another country, which is also known as intercountry adoption, guardianship and fostership. This paper aims to analyze and classify guardianship involving international dimension within the jurisdiction of Indonesia. The examination of this legal question would be on the basis of Indonesian Private International Law (PIL). The choice of law and the choice of jurisdiction are the basic analysis, further, as to whether the guardianships are in line with …

Green Bonds As A Green Investment To Prevent Greenwashing And Green Financial Crime In Indonesia, Cita Yustisia Serfiyani

Indonesia Law Review

Overcoming the climate crisis should not only be pursued from the aspect of technological invention but also from the financial aspect through issuing securities instruments that align with the green economy mission. Unfortunately, irresponsible parties such as corporations still use the green economy concept for personal gain through greenwashing and green financial crime. The presence of green bonds as green instruments shows a positive trend towards improving the quality of environmentally friendly technological innovations, building green infrastructure, and increasing income in line with increasing public participation in climate issues. However, its application in Indonesia is constrained by the complexity of …

Reconstruction Of Competition Law: Preventing Monopolization Through Data Exploitation In E-Commerce, Diana Fitriana

Indonesia Law Review

Tujuan penelitian ini adalah menganalisis nilai big data dan implikasinya terhadap monopoli usaha, mengkaji perbandingan hukum persaingan usaha dan mengkaji kelemahan hukum persaingan usaha Indonesia, serta menganalisis rekonstruksi hukum Undang-Undang Larangan Monopoli dan Persaingan Usaha Tidak Sehat di masa mendatang. Penelitian ini menggunakan penelitian yuridis normatif (doktrinal) dengan pendekatan perundang-undangan dan konseptual dengan teknik pengumpulan data melalui kajian pustaka, analisis isi, dan studi kasus. Data tersebut kemudian dianalisis secara kualitatif untuk menghasilkan informasi yang komprehensif dan menarik simpulan yang relevan. Big data memiliki kapasitas untuk memicu perilaku monopoli karena mencerminkan permintaan pasar konsumen. Namun, regulasi persaingan di Indonesia kurang dalam …

Gravitational Property Theory, Monika U. Ehrman

Georgia Law Review

Isaac Newton and Albert Einstein defined and redefined the field of physics. Their theoretical work on gravity is still considered a monumental discovery of their respective times. Although born centuries apart, the theory of gravity each advanced is still essential. Newton’s theory is applied on Earth and throughout much of the solar system, while Einstein’s theory is used in special environments, such as near black holes. Neither theory is discarded, but instead used where appropriate. Likewise, gravitational property theory proposes that simple property theory—the ad coelum doctrine—is still appropriate for simple property, like stationary or vertical objects. And complex property …

Modular Construction And The Building Blocks Of Litigation: Navigating The Legal Framework Between The Ucc And Common Law, Rilee White

Georgia Law Review

The development of modular construction has re-raised a question central to construction litigation: whether contracts are governed by Article 2 of the UCC, which controls transactions in goods, or the common law, which controls other transactions, including those for services. Because the modular construction process involves fabrication of units off-site, it complicates the distinction between goods and services—while the final product is the service of constructing a building, the individual modules could arguably be classified as goods.

Although courts have historically treated processes involving prefabrication as the sale of goods, modern modular projects are increasingly becoming more customizable and service-driven. …

Translating The “Preposition + Which” Construction In English Legal Texts Into Indonesian, Doni Jaya

Paradigma: Jurnal Kajian Budaya

Legal text translation is challenging because of its emphasis on semantic and syntactic faithfulness, while ST structures do not always have correspondent TL equivalents. One of such structures is the English “preposition + which” (PW) construction. This construction can be difficult to translate into Indonesian because the language does not always have ready-to-use connectors to produce a structurally faithful translation, often forcing translators to take the easy way of using ungrammatical and unnatural connectors which becomes the hallmark of the Indonesian legalese style. This research seeks to examine various ways to translate PW constructions in a more grammatical and …

Toxic Chemicals Lurking In Our Personal Care Products: States’ Proactive Approach To A Pressing Problem, Savannah Stanley

Georgia Law Review

The average American uses a number of personal care products daily, but the safety of many ingredients commonly used in these products is debatable. While the FDA regulates most personal care products as “cosmetics,” it only bans eleven chemicals from use in covered products. The FDA has yet to prohibit chemicals of concern like parabens, phthalates, formaldehyde, and PFAS (“forever chemicals”).

In response to FDA inaction amidst growing safety concerns, states began passing laws to prohibit certain chemicals from use in personal care products. California was the first state to act. In 2020, it passed the Toxic-Free Cosmetics Act, banning …

Editorial, Niveditha K. Prasad

Socio-Legal Review

No abstract provided.

The Implementation Of An International Treaty Across A Small Island Developing State: The United Nations Convention On The Elimination Of All Forms Of Discrimination Against Women (Cedaw) In Cabo Verde, Lydia Landim

Graduate Doctoral Dissertations

The UN Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) was adopted by the UN General Assembly in 1979. To date, it is the most comprehensive international treaty for women’s rights. Cabo Verde, a small island developing state located off the west coast of Africa, ratified CEDAW in 1980. As an archipelago, Cabo Verde serves as a unique case study for treaty implementation, particularly, as literature on small island developing states has established that these states face unique challenges when it comes to implementation of laws, policy, and to governance overall, all of which heavily intersect …

Table Of Contents

Georgia Law Review

No abstract provided.

The Original E-Discovery: Civil Justice Reform And A Return To The Equitable Origins Of Discovery, Patricia I. Mcmahon

Osgoode Hall Law Journal

In the autumn of 2023, the Chief Justice and Attorney General of Ontario announced a broad new effort to review the rules of civil procedure to make civil dispute resolution more efficient and less expensive to enhance access to justice in the province. However, such efforts to reform the rules of civil procedure are nothing new.

This article examines the historical and contemporary aspects of civil justice reform in Ontario, focusing on the pre-trial discovery process. Among the most expensive aspects of the civil litigation process, discovery began as an equitable tool, with roots in the English Court of Chancery. …

Reassessing Indonesia's In-Kind Benefit Tax Regulation: Insights From Australia, Florencia Irena Gunawan, Maria Na Uli Salsabilah Sabililah

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

This research critically assesses Indonesia's in-kind benefit tax regulatory framework based on the principles of equity, certainty, and neutrality, drawing comparative insights from Australia's fringe benefits tax system. Utilizing a normative juridical method, this study finds that integrating in-kind benefits into Indonesia's income tax framework poses several challenges. First, under the equity principle, current valuation methods do not accurately reflect employees' ability to pay, potentially resulting in inequitable tax burdens. Second, under the certainty principle, ambiguities in the exemption rules may create risks of differing interpretations between taxpayers and tax authorities. Third, under the neutrality principle, differential treatment across industries …

Achieving Judicial Consistency Through The Establishment Of Civil And Criminal Chambers In Indonesia's District And High Courts, Dwi Bintang Satrio, Efa Laela Fakhriah, Artaji Artaji

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

The Supreme Court of the Republic of Indonesia has implemented the chamber system to achieve judicial consistency and fulfil the fundamental objectives of law, namely legal certainty, justice, and expediency. However, despite this effort, inconsistencies in judicial decisions remain prevalent, particularly in civil and criminal cases at the district and high court levels. This study employed a normative juridical approach supported by case analysis to examine the effectiveness of the current chamber system in achieving judicial consistency and to identify structural weaknesses that hinder its optimal implementation. The results reveal that judicial inconsistencies are found in several court decisions, such …

The Death Penalty For Bribery-Related Corruption In Social Assistance During Non-Natural Disasters: A Legal Certainty Perspective, Elly Sudarti, Sahuri Lasmadi, Andi Agus Salim, Riana Devi Lestari, Mohammad Thoriq Bahrie

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

This article analyzes the judge's verdict regarding the bribery corruption of social assistance during a non-natural disaster committed by Juliari Batubara. It questions whether such bribery corruption can be punishable by the death penalty. Juliari was not sentenced to death because the law only threatens the death penalty under natural disaster conditions, and COVID-19 is not considered a natural disaster. The death penalty is only threatened for corruption under Article 2, paragraph 2, not for bribery corruption. The judge's decision followed conventional legal norms, resulting in a verdict that was overly normative and failed to address the issue. This article …

Reapproaching International Law Through Twail: Reclaiming Marine Sovereignty And Rights Of The Global South Within Law Of The Sea, Ria Wierma Putri, Febryani Sabatira, Orima Melati Davey, Afandi Sitamala

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

Third World Approaches to International Law (TWAIL), also understood as a theory of decolonizing international law, offers a critical framework for analyzing the historical evolution of international law and its continuing impact on Global South nations. This article examines TWAIL's perspective within the Law of the Sea, with particular attention to the ways in which the dominance of marine resource use by industrialized states perpetuates structural inequities over less powerful states. Since the 1950s, TWAIL scholars have emphasized the importance of amplifying Global South voices to challenge entrenched colonial legacies and reshape the future of international law. The purpose of …

Debating Expert Authority In Corruption Cases: The Challenge Of Interpreting State Financial Losses Under The 2023 Indonesian Criminal Code, Wendy Kenafiana Assanti, Hendry Julian Noor

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

The 2023 Indonesian Criminal Code revises the formulation of corruption offenses, including rules on proving state financial losses; however, the elucidation of Article 603 raises questions regarding the competent institution and the evidentiary weight of audit results. This study examines how the provision may perpetuate ongoing debates over experts’ authority to determine state financial losses, which are often perceived as affecting legal certainty, and proposes a reformulation to provide clearer legal guidance. This doctrinal study employs statutory and case law approaches, utilizes qualitative methods, and applies Gustav Radbruch’s perspective as an analytical lens. It finds that Article 603’s elucidation uses …

Legal Implication And Solution: The Exemption For Apartment And Flat Developer's Bankruptcy Request As Insufficient To Meet Simple Proof Requirements, Veri Antoni, Azka Farrell Razaga

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

Supreme Court Circular (SEMA) 3/2023 states that apartment and/or flat developers do not meet the simple proof requirements referred to in Article 8 paragraph (4) of Law 37/2004. This paper aims to answer what is the legal implication of the exception to the bankruptcy request against apartment and/or flat developers that were considered insufficient to meet the simple proof requirement in SEMA 3/2023? and what the solutions as a recommendation that can be provided? This research is normative legal research that employs legislative, conceptual, and comparative approaches through document studies to obtain secondary data. Simple proof in bankruptcy law refers …

Antitrust In Practice: Case-Based Comparative Analysis Of Predatory Pricing Enforcement In Indonesia And The United States, Anna Maria Tri Anggraini, Ahmad Sabirin, Farhandi Himawan

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

Business entities employ predatory pricing as a strategy primarily aimed at eliminating competitors. The regulation and detection of predatory pricing are complex processes, and each country adopts distinct mechanisms to address the issue. The scientific contribution of this study lies in its comparative analysis of two different legal systems—Indonesia’s civil law and the United States’ common law—in addressing predatory pricing practices under competition law. It examines how differing legal frameworks influence the methods of proof, the application of the rule of reason principle, and the pattern of sanctions imposed on business actors. In addition, this study adopts an interdisciplinary approach …

Seven County Infrastructure Coalition V. Eagle County, Craig A. Rigdon

Public Land & Resources Law Review

The National Environmental Policy Act of 1969 is a landmark in United States environmental law. For more than half a century, under its authority, all federal agencies contemplating proposed actions that pose significant environmental impacts have incorporated an analysis of those impacts into their decisions. These analyses provided an avenue for opponents to challenge an agency’s final decision in federal court. Earlier this year, the Supreme Court issued a “course correction” to rein in the disparate approaches that the lower courts had applied to cases challenging federal agency decisions on NEPA grounds. The unambiguous guidance the Court lays out for …

Fletcher's Uncertainty Principle, Matthew L.M. Fletcher

Tulsa Law Review

No abstract provided.

Tribal Co-Management On Ceded Lands: A New Era?, Michael C. Blumm, Adam Eno

Tulsa Law Review

No abstract provided.

Masthead

Tulsa Law Review

No abstract provided.