Digital Commons Network^™

Kedudukan Ahli Waris Sebagaimana Surat Keterangan Hak Mewaris Yang Dibuat Pasca Terjadinya Pelanggaran Hak Cipta (Studi Putusan Nomor 35/Pdt.Sus-Hak Cipta/2020/Pn Niaga Jkt.Pst), Mirza Alvina Maharani

Indonesian Notary

This thesis examines the status of copyright as an inheritable asset recognized under Indonesian law, as well as the legal standing of heirs based on a Certificate of Inheritance (Surat Keterangan Hak Mewaris or SKHM) issued after a copyright infringement has occurred, as reflected in Decision No. 35/Pdt.Sus-Hak Cipta/2020/PN Niaga Jkt.Pst. This research employs a doctrinal legal method, supported by expert interviews. In the case under study, it was found that although inheritance under civil law occurs automatically upon the death of the copyright holder, the transfer of copyright requires written evidence and official registration with the Directorate General of …

Measuring What Matters: Designing Metrics For A Justice-Centered Climate Transition, Mathilde Roger-Estrade

COP30

Climate justice is growing concerns in the sphere of climate policy, yet few practical tools exist to measure whether climate action is fair, inclusive and prioritizing the most vulnerable. This paper examines existing global frameworks, such as the Environmental Performance Index (EPI), Nationally Determined Contributions (NDCs), and emerging tools like PRISM and JUSTICE Integrated Assessment Models (IAMs). While these initiatives offer valuable insights, most of them lack actionable and efficient metrics to quantify climate justice implementation. Based on literature and case studies, this study proposes a set of measurable indicators across four defined justice dimensions: Distributive, Procedural, Recognitional and Exposure. …

Codifying Ecocide And Dismantling Corporate Impunity: Legal Pathways To Climate Justice At Cop30, Adham Sameh

COP30

The accelerating climate crisis has transformed legal accountability into a central concern for global climate governance. This paper explores two negotiation-relevant challenges for COP30: (1) the codification of ecocide under international law, and (2) the dismantling of Investor-State Dispute Settlement (ISDS) mechanisms that shield transnational corporations from liability for environmental and human rights violations. Drawing from current legal developments, such as the 2021 proposed ecocide definition, and using cases from Brazil, Colombia, and the Netherlands, the paper argues that climate justice cannot be achieved without legal reform that targets systemic impunity. The focus of this paper evaluate the impact of …

Peranan Majelis Pengawas Daerah Kota Depok Dalam Menghadapi Permasalahan Pelanggaran Jabatan Notaris Di Kota Depok, Gabriella Tiku Sarungu

Indonesian Notary

The Regional Supervisory Council (MPD) functions to oversee and provide guidance on the Notary profession. The role of MPD is crucial in minimizing violations related to the Notary profession, particularly in Depok City. Therefore, it is necessary to examine the role of MPD in addressing violations of the Notary profession in Depok City, based on applicable regulations, as well as the implications of handling various types of violation reports submitted by the public on the performance of MPD in Depok City. This study uses a non-doctrinal method with qualitative empirical data, gathered through interviews and supported by secondary data. The …

Akibat Hukum Akta Penegasan Notaris Yang Memuat Perjanjian Pinjam Nama (Nominee) Benda Bergerak (Studi Putusan Nomor 5/Pdt.G/2022/Pn Stb Jo. Putusan 612/Pdt/2022/Pt Mdn), Andasmara Rizky Pranata

Indonesian Notary

In practice, the existence of nominee agreements often raises debates about their validity and legal protection for the parties involved, so nominee agreements should not be used carelessly and notaries play an important role in drafting these agreements. The purpose of this study is to analyze the validity of the deed confirming the agreement to borrow a name made by a Notary and to find out the role and responsibilities of a notary in confirming the agreement to borrow a name (nominee) related to movable property that is detrimental to the parties in the decision of Decision Number 5/Pdt.G/2022/PN Stb …

Analisis Faktor-Faktor Penyebab Sengketa Hukum Rumah Negara, Faiza Khalifa Pancaputri

Indonesian Notary

State House disputes, especially over control of State Houses, occur due to several factors. These factors arise because of various reasons and causes. This article was prepared using doctrinal research methods. A State House is a facility that can be utilized by State Officials or Civil Servants to support housing needs in carrying out state duties. State Houses are divided into Class I, Class II and Class III State Houses, the use of which differs from one to another. The use of State Houses will be adjusted to the provisions of each status/class. Legal disputes regarding State Houses related to …

Kewenangan Dan Tanggung Jawab Notaris Berkaitan Dengan Bukti-Bukti Yang Diserahkan Para Pihak Untuk Pelaksanaan Surat Perjanjian Bersama (Studi Kasus Putusan Pengadilan Negeri Medan Nomor 693/Pdt.G/2021/Pn Mdn), Moudy Khanza

Indonesian Notary

This article analyzes the authority and responsibilities of a notary in matters relating to the evidence submitted by the parties for the implementation of the joint agreement (Case Study of Medan District Court Decision Number 693/Pdt.G/2021/PN Mdn). The problem formulated is firstly regarding the notary’s authority to store files relating to the deed, and secondly, the notary’s responsibilities are related to storing files for the implementation of the collective agreement related to Medan District Court decision Number 693/Pdt.G/2021/PN Mdn, where the agreement contains a joint agreement between party A and party W regarding the issue of reporting land disputes at …

Methodology Of Market Definition: Case Of Digital Multi-Sided Platforms, Anzhelika Gerasymenko, Vasyl Hanovskyi

Yearbook of Antitrust and Regulatory Studies

The rapid expansion of the digital economy has significantly contributed to the increasing market power of digital multi-sided platforms, making its precise measurement increasingly challenging. The main reason is the lack of efficiency of SCP-tools in digital markets that push competition authorities to look for alternative ways of competition regulation in such markets (like the DMA approach), while its results are still poor. This paper provides the methodological grounding of a vertical breakdown of a complex product traded by digital multi-sided platforms to bring back the conventional tools of market definition and to adjust them to the specifics of digital …

Security And Terrorism Vs Free Expression: Analytical Study On The European Court Of Human Rights, Mariam Adel Massoud

Theses and Dissertations

The 11 of September attacks provide a paradigm shift when it comes to protection of national security. It results in a trending vision that prioritized security over national security, which makes it essential to think about balancing national security with free expression as a pillar of democratization. This study focusses on how the balance between freedom of expression and national security interests is achieved. It studies the legal approached of the European court of human rights and its legal assessment to strike this balance. The findings of this analytical study asserts that in order for the ECtHR to achieve this …

Tax And Trusts & Estates Panel, Asian Pacific American Law Students Association (Apalsa), Asian American Bar Association Of New York

2025–2026 Flyers

No abstract provided.

Whose Burden, Whose Benefit? Revisiting Ethical Trade-Offs In The Who Guidelines On Scaling Up Mass Azithromycin Administration, Maple Goh, A. M. Viens, Safura Abdool Karim, Aaron S. Kesselheim, Kevin Outterson

Faculty Scholarship

Author summary

• New evidence suggests that mass drug administration of azithromycin (MDAA) can significantly reduce childhood mortality in high-burden, low-resource settings, yet the World Health Organization’s (WHO) 2020 guidelines take a cautious approach due to concerns about antimicrobial resistance (AMR).
• While the WHO guidelines cite ethical principles, they insufficiently address key considerations, such as intergenerational justice, equitable burden sharing, and the structural determinants of health that shape infectious disease vulnerability.
• Global AMR policy often prioritizes conservation over access in ways that disproportionately burden low-income countries, despite high-income countries also bearing significant responsibility for the emergence and spread of AMR.
• A …

Dual-Purpose Communications And The Modern Attorney's Need For Circuit Court Uniformity, Kipp Garrett

St. John's Law Review

(Excerpt)

In January 2023, the Supreme Court of the United States heard oral arguments in In re Grand Jury regarding the proper and applicable test to determine whether attorney-client privilege can be invoked in dual-purpose communications between a business and its legal counsel. Attorneys across the country were hoping the Court would provide an answer, ending the three-way circuit split concerning the appropriate test. Unfortunately, the Court ultimately dismissed certiorari as “improvidently granted” without an explanation. As a result, there are three major tests that federal courts use to decide whether communications between businesses and their legal counsel are protected: …

Breaking Down Broken Banks: The Case For A New Regulatory And Supervisory Framework, Federico Curbelo

St. John's Law Review

(Excerpt)

Bank failures are systemic breakdowns in regulatory and supervisory frameworks that threaten the financial bedrock of the United States economy and can potentially cause panic and contagion to the broader banking sector. Although banks function as standalone institutions, when one bank fails, it often takes down others with it. Silicon Valley Bank (“SVB”) was one such bank whose failure temporarily destabilized a whole sector and prompted important questions about the effectiveness of the current financial regulation and supervision scheme.

This Note argues that the current regulatory and supervisory categorization scheme that the Federal Reserve uses to keep banks in …

Cruel, As Usual: Application Of The Eighth Amendment To The Use Of Juvenile Criminal Records In Higher Education Admissions, Rabab Alajmi

St. John's Law Review

(Excerpt)

This Note addresses the systemic barrier to societal reintegration faced by juvenile offenders applying to enroll in higher education. Specifically, this Note will examine whether, in light of the Fifth Circuit’s recent Hopkins v. Hosemann decision, Eighth Amendment protections against cruel and unusual punishments should be extended to college applicants with juvenile criminal records who have completed their sentences. This Note argues that the Eighth Amendment reasoning in the Hopkins decision should be applied to higher education institutions who consider an applicant’s juvenile criminal record where the applicant has already completed their sentence. While the Hopkins decision concerned “the …

The Deferential Asian American: Low Racial Status And The Invisibility Of Asian Americans In Leadership And The American Narrative, Reginald Oh

St. John's Law Review

(Excerpt)

This Article will proceed in five parts. First, an important caveat. When the Article refers to Asian Americans, it refers to all Asian American subgroups except for South Asian Americans, because South Asian Americans are not perceived to be deferential in the same way as other Asian American subgroups. Consequently, their experience with leadership is unique among Asian Americans, and much of the analysis in this Article does not apply to them.

With that caveat, Part I will discuss the invisibility of Asian Americans generally, but particularly in leadership positions. Part II will discuss the concept of social status …

Vestigial Fiscal Constitutions, Joe Schomberg

St. John's Law Review

(Excerpt)

This Article examines the history and original intent of fiscal constitutions in the United States, providing helpful context for their usefulness today. It argues that, due to the rigidity of states’ fiscal constitutions, they are ultimately ineffective at preventing state and local governments from incurring more and more debt. Ultimately, it suggests that the weakness of state fiscal constitutions is a result of their functionality being overtaken by increased efficiencies in the capital markets and Tiebout-Tullock markets. Our state fiscal constitutions have suffered the same fate as our wisdom teeth or appendixes—they have become less useful and less relied …

"Intolerable" Inquiries, Zachary R. Cormier

St. John's Law Review

(Excerpt)

A growing majority of courts have broadly accepted travel-plan questions (and their follow-up questions) as a qualifying category of traffic-mission inquiries under Rodriguez, leaving officers with a clear pathway from pretextual traffic stop—to extended discussion about vehicle occupant activities outside the traffic violation—to drug dog sniff—to vehicle search. A closer analysis of Rodriguez, however, precludes such passage through the heart of its traffic-mission rule. This Article will demonstrate that travel-plan questioning cannot qualify alongside the roadway safety checks identified by Rodriguez in its traffic-mission inquiry list because such checks provide direct information about another safety-related traffic violation …

Assessing Justice In National Climate Policies: Indicators For Vulnerable Populations, Vagif Alizada

COP30

Throughout the last two decades, various researchers have continuously examined the way that climate justice principles are integrated within national climate policies, paying most attention to the extent of their impact on specifically vulnerable populations. Climate justice, encompassing distributive, procedural, recognition, and restorative dimensions, has become one of the central ideals when it comes to global climate governance. One of the major noticeable challenges faced in this field is the lack of standardised indicators to measure whether policies deliver equitable outcomes, making cross-country comparison and accountability difficult. However, despite increasing regulations and policy commitments, there is a major limitation on …

How Can Indigenous Peoples Be Meaningfully Integrated Into National Climate Decision Making Processes?, Shahd Wael

COP30

Indigenous people manage significant global terrestrial surface while simultaneously guarding around 80% of the world's biodiversity (With methodological uncertainty), despite only comprising a small fraction of the global population.Their traditional ecological knowledge (TEK) supports essential climate solutions and helps in the adaptation and mitigation of greenhouse gas emissions. A significant depth of injustice, however, and security risk in the existing climate governance mechanisms is pronounced given that less than 1% of direct global climate finance is allocated to indigenous peoples. This policy paper argues that a transformational paradigm shift needs to take place for global climate action to be effective, …

Criminalising Ecocide For Climate Justice And Global Security, Norain El Gebely

COP30

The climate emergency is deepening and needs urgent attention involving radical, binding, and multilateral measures. Ecocide is the large-scale and deliberate destruction of ecosystems which undermines human security, destabilizes the fragile states and increases geopolitical tensions. It has been contended in this policy brief that ecocide needs to be internationally criminalized pursuant to the Rome Statute of the International Criminal Court (ICC) to place environmental destruction firmly within the scope of global peace and security. The proposals promote climate justice by prioritizing certain countries, which include Equatorial countries, industrializing high emission countries and the Small Island Developing States (SIDS) through …

Realities Of Mexican Civil Society Organizations: Index For The Promotion Of Activities Of Civil Society Organizations, Pablo Armando Gonzalez Ulloa Aguirre

Journal of Nonprofit Innovation

This article presents the findings derived from the construction of an Index that evaluates the state of promotion of Civil Society Organizations (CSOs) across Mexico’s 32 federal entities during the year 2021. It also outlines the criteria considered in building the Index and the results obtained in each of its dimensions. The Index provides a comprehensive and multidimensional perspective on the study of CSO promotion, analyzing legal, institutional, and programmatic dimensions with the aim of comparing progress and setbacks in this area. In doing so, it offers an opportunity to improve certain aspects as more data is generated and made …

Climate Justice Across Borders: Responding To Ecocide And Displacement, Camila Micheletti Flores

COP30

This policy paper examines how climate change accelerates cross-border displacement, especially in regions most vulnerable to ecocide and environmental degradation. Climate refugees remain unprotected under international law, as the 1951 Refugee Convention excludes environmental grounds for asylum, leaving populations exposed to human rights violations and securitized responses. It analyzes legal and institutional gaps, highlighting failures in global climate governance and the disproportionate risks faced by SIDS and other affected regions. The paper calls for COP30 to mandate a high-level UNFCCC forum on climate displacement and ecocide to build a just, cooperative, and rights-based international framework.

How Can The Role Of The Judiciary In International Climate Governance Be Formalised To Ensure Accountability And Action When Governmental Political Institutions Fall Short?, Roy Abi Raad

COP30

Conventional Governance Framework have recurrently proved inadequate to tackle the extent and immediacy of environmental concerns as the climate calamity worsens. The judiciary has evolved into a crucial player in the assertion for climate justice because of this governance deficit. Courts can safeguard human rights, interpret international treaties, and hold people accountable for environmental deterioration, function that are acquiring increasing significance important in both developed and developing nations. Nevertheless, they lack institutional mechanism to legally incorporate the judiciary within the international climate governance framework (such as the UNFCCC, Paris Agreement, and Loss and Damage Fund). In order to guarantee accountability, …

Holding Transnational Corporations Accountable For Ecocide And Climate-Related Human Rights Violations, Njengue Cindy Joanne

COP30

The climate emergency and the scale of environmental harm require moving beyond voluntary and overly localized approaches to establish binding legal mechanisms at the global level. Transnational corporations operating in high-impact ecological sectors must be held accountable for their actions — not only to remedy the damage caused, but also to prevent future violations. COP30 in Belém presents a unique opportunity to place legal and institutional accountability at the core of international negotiations. By building on existing instruments, the ethical ambitions of the COP presidency, and strengthened cooperation between states, civil society, and private actors, it is possible to construct …

Formalizing Judicial Accountability And Advancing Ecocide Law At Cop30, Ratania Edawi

COP30

The escalating climate crisis increasingly intersects with profound issues of justice, human rights, and planetary survival, bringing urgency to the concept of ecocide. Despite mounting ecological degradation, transnational corporate actors frequently evade accountability, often shielded by mechanisms like Investor-State Dispute Settlement (ISDS) systems that prioritize profit over people and the planet. This policy paper argues for the formalization of judicial accountability in global climate governance and the advancement of ecocide law under international frameworks. It highlights the critical role of the judiciary in safeguarding environmental and human rights, particularly in the face of political inertia. Building on the ethical imperative …

Indigenous Communities Carbon Sovereignty: A Protocol For Climate Justice, Ecocide Prevention, And Security, Lojain Waleed

COP30

This policy paper examines the Climate justice, Ecocide and security implications of carbon market mechanisms for Indigenous Peoples (IPs). Despite global recognition of Indigenous people participation , existing frameworks under the UNFCCC and mechanisms often lack enforceable safeguards to protect Indigenous sovereignty. The paper identifies critical gaps in governance, particularly the absence of Indigenous-led oversight in Carbon markets. Drawing on two case studies: Yurok Tribe and Ogiek people, it demonstrates how carbon markets can reproduce neo-colonial patterns of resource appropriation. To address these challenges, the paper proposes the Indigenous communities Carbon Sovereignty Protocol (ICCSP) as a governance framework, outlining implementation …

Addressing The Abuse Of Monopsony Power In Labor Markets: Examining Potential Public And Civil Law Remedies And Sanctions, Zofia M. Mazur

Yearbook of Antitrust and Regulatory Studies

Although thousands of reported cases involve allegations of firms illegally forming cartels in product markets, relatively few deal with similar allegations in labor markets. Moreover, as observed in legal doctrine, labor markets tend to be more concentrated than product markets and, consequently, more susceptible to anticompetitive conducts by undertakings. The article, therefore, analyzes the so-called monopsony power in the labor market, which refers to any case where employers hold labor market power that allows them to unilaterally determine wages or to worsen working conditions by reducing employment.

It is argued that competition law should be used to effectively curb abuse …

Scotus Term Preview, Floersheimer Center For Constitutional Democracy, Wilfred U. Codrington Iii, Kate Levine, Alexander Reinert

2025–2026 Flyers

No abstract provided.

Calling All Students Leaders & Community Organizers, Center For Public Service Law, Public Interest Law Student Association (Pilsa)

2025–2026 Flyers

Join Public Interest Law Advocacy (P*LAW) Week: A student-ed movement sparking dialogue, building community, and empowering future advocates.

Vol. 69, No. 06 (September 29, 2025)

Indiana Law Annotated

No abstract provided.