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Articles 6091 - 6120 of 138713
Full-Text Articles in Entire DC Network
Perttu V. Richards: Brief Of Law Professors As Amici Curiae In Support Of Respondent, Margo Schlanger
Perttu V. Richards: Brief Of Law Professors As Amici Curiae In Support Of Respondent, Margo Schlanger
Appellate Briefs
Amici are professors of law who have studied, taught, and written about prisoner litigation and about rights to jury trials. They submit this brief to share their views, based on that experience, on the proper interpretation of the Prison Litigation Reform Act) in light of the important jury trial rights at stake and the practical realities of prisoner litigation.
The Link January 21, 2025, Access To Justice Institute
The Link January 21, 2025, Access To Justice Institute
The Link Newsletter
No abstract provided.
Brief Of Law Professors As Amici Curiae In Support Of Respondent, Ira P. Robbins
Brief Of Law Professors As Amici Curiae In Support Of Respondent, Ira P. Robbins
Amicus Briefs & Court Filings
INTRODUCTION AND SUMMARY OF ARGUMENT: "The right to trial by jury is 'of such importance and occupies so firm a place in our history and jurisprudence that any seeming curtailment of the right' has always been and 'should be scrutinized with the utmost care." SEC v. Jarkesy, 144 S. Ct. 2117, 2128 (2024) (quoting Dimick v. Schiedt, 293 U.S. 474, 486 (1935)). The Seventh Amendment reflects and enshrines that tradition, providing that in "[s]uits at common law ... the right of trial by jury shall be preserved." U.S. Const. amend. VII (quoting Dimick; see also City of …
Brief Of Law Professors As Amici Curiae In Support Of Respondent, Betsy Ginsberg
Brief Of Law Professors As Amici Curiae In Support Of Respondent, Betsy Ginsberg
Amicus Briefs
Amici are professors of law who have studied, taught, and written about prisoner litigation and about rights to jury trials. They submit this brief to share their views, based on that experience, on the proper interpretation of the Prison Litigation Reform Act) in light of the important jury trial rights at stake and the practical realities of prisoner litigation.
Terrorists, Spies, And Diplomatic Crises: The Birth Of Morocco’S Multimedia Prison Literature, Brahim El Guabli
Terrorists, Spies, And Diplomatic Crises: The Birth Of Morocco’S Multimedia Prison Literature, Brahim El Guabli
CLCWeb: Comparative Literature and Culture
This article captures the literary shift that accompanied the transformation of the nature of political imprisonment in Morocco in the last twenty years. Focusing on the new victims of state violence, who fall within two categories: prisoners accused of terrorism and those accused of heinous sexual crimes, this article argues that the emergence of these new criminal profiles has led to the establishment of a transnational “Multimedia Prison Literature” (MPL). Drawing on the cases of Ali Arras, a Belgian-Moroccan whom Spain delivered to Morocco for terrorist charges, and Mohamed Hajib, a German-Moroccan citizen whom Germany extradited to his country of …
Eng 1001g-017 College Composition I Critical Reading & Source Based Writing, Robert Martinez
Eng 1001g-017 College Composition I Critical Reading & Source Based Writing, Robert Martinez
Fall 2024
No abstract provided.
The Utah Statesman, January 20, 2025, Utah State University
The Utah Statesman, January 20, 2025, Utah State University
The Utah Statesman
Weekly student newspaper of Utah State University in Logan.
Immunity Of State Owned Non-Commercial Ships And Vessel Protection Detachments In The Foreign Criminal Jurisdiction, Nikhilesh Nikhilesh
Immunity Of State Owned Non-Commercial Ships And Vessel Protection Detachments In The Foreign Criminal Jurisdiction, Nikhilesh Nikhilesh
Hasanuddin Law Review
This article studying the issue of sovereign immunity of ships and vessel protection detachments from criminal jurisdiction of foreign courts. The issue immunity of ships from foreign criminal jurisdiction can be understand from Schooner Exchange case onwards. In the initial stages the courts were given absolute immunity of the government ships in the foreign jurisdiction. Later on the courts, jurists and states classified the immunity in two heads such as personal immunity and functional immunity. Immunity not only given to the troika but also to the other officials engaged in the sovereign functions for their respective states with the exception …
A “Scary Time” To Be A Man? Comparing Men’S Engagement With Anti-Sexual Violence Discourses In The Private And Public Sphere, Melissa A. Kinsella
A “Scary Time” To Be A Man? Comparing Men’S Engagement With Anti-Sexual Violence Discourses In The Private And Public Sphere, Melissa A. Kinsella
Dissertations
The prevalence of sexual misconduct and its consequences for individuals and society remain pressing issues in the United States. While the #MeToo movement has emerged as a prominent response to these challenges, it has faced criticism for emphasizing a singular survivor narrative. Similarly, the study and theorization of sexual violence within sociology have remained limited in scope. This work extends empirical and theoretical perspectives on sexual misconduct by analyzing #MeToo’s utilization in Twitter1 posts from 2017 to 2022, as well as how individuals discuss sexual misconduct in relation to the movement. Additionally, I examine the influence of gender, race, and …
In Search Of A Deferred Prosecution Agreement Model For Effective Anti-Corruption Framework In Indonesia, Febby Mutiara Nelson
In Search Of A Deferred Prosecution Agreement Model For Effective Anti-Corruption Framework In Indonesia, Febby Mutiara Nelson
Hasanuddin Law Review
To help reduce the corruption in the criminal justice system, Indonesia should consider implementing a Deferred Prosecution Agreement (DPA) mechanism. DPA would not only aiming for punishment to corporations, especially in special and general deterrence, but also could accommodate in returning state assets from perpetrators. Indonesia could learn from the DPA models applied in the U.K. and U.S., as well as the proposed model in Australia. DPA models could be noteworthy in making the criminal justice process more effective, efficient, and less time-consuming, as well as resolving the problems of significant caseloads and ongoing corruption.Â
A Paradox Of Student Bullying Prevention In China: Between Social Anxiety And The Reaction To It, Gui Huang
A Paradox Of Student Bullying Prevention In China: Between Social Anxiety And The Reaction To It, Gui Huang
Hasanuddin Law Review
Student bullying has been considered a serious social problem. This is because, firstly, student bullying cases have been occurring frequently in recent years, and have raised many guardians’ concerns for their child’s safety and healthy growth; secondly, the school and the government aren’t able to take effective measures to prevent student bullying. The reasons behind it vary, but the family dynamic— failing to cultivate a wholesome personality in the child, lacking of guardian supervision and family education, and the school climate—the boarding school system and bureaucratic formalism in school—are the two key ones. In these two years, the authorities have …
Navigating Ambiguity: Critiques Of Indonesia's Health Law And Its Impact On Legal Redress For Medical Malpractice Victims, Mia Amiati, Hamzah Halim, Jady Zaidi Hassim
Navigating Ambiguity: Critiques Of Indonesia's Health Law And Its Impact On Legal Redress For Medical Malpractice Victims, Mia Amiati, Hamzah Halim, Jady Zaidi Hassim
Hasanuddin Law Review
In Indonesia, the fundamental right to health is enshrined in the 1945 Constitution, affirming every person's entitlement to live a safe and prosperous life with access to health services. The 2023 Health Law focuses on six pillars, including health security, funding, human resources, technology, primary care, and referral services, aiming to alleviate financial burdens through progressive financing. Particularly significant is the procedural change in protecting health workers, notably medical personnel, through the implementation of restorative justice methods. This article critically examines the implications of the 2023 Health Law on victim redress, particularly concerning medical personnel protection and the application of …
Strengthening National Regulations In Combating Cross-Border Trafficking: Empirical Approach And The Way Forward, Emma Valentina Teresha Senewe, Antonio Revivo, Ronny Adrie Maramis
Strengthening National Regulations In Combating Cross-Border Trafficking: Empirical Approach And The Way Forward, Emma Valentina Teresha Senewe, Antonio Revivo, Ronny Adrie Maramis
Hasanuddin Law Review
At practical level, both nationally and internationally, various efforts have been made to deal with increasingly acute human trafficking. However, as it turns out in practice, all existing legal instruments have not had a deterrent effect and have broken the chain of human trafficking to this day. Even more so in Indonesia. This article focuses on examining the answer to the problem, namely the national policy to prevent human trafficking and the efforts that can be made to eradicate increasingly complex human trafficking. This qualitative study is related to the policy and implementation of international and national policies to address …
A Comparison Approach In Corruption Eradication: An Empirical Examination, Mispansyah Mispansyah
A Comparison Approach In Corruption Eradication: An Empirical Examination, Mispansyah Mispansyah
Hasanuddin Law Review
Corruption in Indonesia is increasingly structured and systemic. Worse yet, the corruption was fertile in sub-law enforcement agencies. This paper analyzes why corruption is so systemic in the legal system in Indonesia and how solution of Islam in eradicating corruption. This research was a normative-legal research. The results indicate that corruption occurred systemically in Indonesia due to secularization and capitalization in understanding the living system as embraced by the Republic of Indonesia, which resulted in bad law system both the substance, structure and legal culture, and bad people). The solution of Sharia Islam to eradicate corruption by creating a devotion …
Victim-To-Perpetrator Relationships And Types Of Crime In Developmentally Disabled Crime Victims, Amoxtli Justice Nox
Victim-To-Perpetrator Relationships And Types Of Crime In Developmentally Disabled Crime Victims, Amoxtli Justice Nox
Walden Dissertations and Doctoral Studies
Individuals with intellectual and developmental disabilities (IDDs) are more likely to be victimized and abused than their nondisabled peers, though not much is known about the main perpetrators of this population or the crime types most often committed against them. The purpose of this study was to explore the intersecting victimization risks for adults with IDDs. Guided by critical disability theory, this nonexperimental correlational study explored the relationship between the perpetrators and their IDD adult crime victims, established the crime types most often committed against them, and possible gender differences within victimization. Archival data from the National Crime Victimization Survey …
The Feasibility Of Operating A Small City Police Department: A Fiscal Trend Analysis, Sean Martin Moore
The Feasibility Of Operating A Small City Police Department: A Fiscal Trend Analysis, Sean Martin Moore
Walden Dissertations and Doctoral Studies
This professional administrative study (PAS) was developed to determine the feasibility of the client organization operating a small city police department or continuing with contracted police services by performing a fiscal trend analysis. The client organization’s law enforcement costs have risen significantly in the past decades and continue to rise. The fiscal trend analysis associated with operating a small city department was compared to those of three similar-sized California cities with small police departments. A fiscal trend analysis was completed using 10-year budget data from the client organization and three similar-sized California cities with small police departments. The fiscal analysis …
Relevansi Doktrin Restorative Justice Dalam Sistem Pemidanaan Di Indonesia, Bambang Waluyo
Relevansi Doktrin Restorative Justice Dalam Sistem Pemidanaan Di Indonesia, Bambang Waluyo
Hasanuddin Law Review
Menilik arah perkembangan hukum pidana dewasa ini, bermuara pada pembaharuan hukum pidana melalui perubahan KUHP sebagai sebuah keniscayaan. Selain karena KUHP berasal dari hukum asing (peninggalan zaman kolonial), materi muatan dalam KUHP pun telah usang dan tidak adil (obsolete and injustice) serta ketinggalan zaman dan tidak sesuai dengan kenyataan (outmoded and unreal). Jenis penelitian dalam tulisan ini adalah penelitian normatif, yang mengkaji relevansi doktrin restorative justice dari perspektif sistem hukum pidana Indonesia, sehingga dapat dikonstruksi sebuah konsep restorative justice yang ideal diterapkan dalam sistem pemidanaan di Indonesia. Konsep restorative justice merupakan pendekatan dalam penyelesaian masalah yang menekankan pada pemulihan kerugian …
Urgensi Kejaksaan Diatur Oleh Konstitusi, Rommy Patra
Urgensi Kejaksaan Diatur Oleh Konstitusi, Rommy Patra
Hasanuddin Law Review
Eksistensi kejaksaan dalam struktur ketatanegaraan Indonesia memiliki posisi yang dilematis selama ini. Di satu sisi, kejaksaan adalah lembaga penegak hukum yang menjalankan kekuasaan penuntutan secara independen, sedangkan di sisi lain adalah bagian dari lembaga pemerintahan berdasarkan Undang-Undang Nomor Nomor 16 Tahun 2004 tentang Kejaksaan Republik Indonesia. Kedudukan kejaksaan sebagai lembaga pemerintahan selama ini dirasakan menyebabkan independensi kejaksaan tidak optimal sehingga muncul stigma bahwa kejaksaan hanyalah sebagai alat kekuasaan dari yang memerintah. Selain itu, ditinjau dari segi pengaturan yang hanya berdasarkan undang-undang, kejaksaan tidak mempunyai legal standing sebagai organ konstitusi yang mempunyai kewenangan konstitusional sehingga kedudukannya saat ini tidak merefleksikan urgensitas …
Rule Of Law And Human Rights Challenges In South East Asia: A Case Study Of Legal Pluralism In Indonesia, Saldi Isra, Ferdi Ferdi, Hilaire Tegnan
Rule Of Law And Human Rights Challenges In South East Asia: A Case Study Of Legal Pluralism In Indonesia, Saldi Isra, Ferdi Ferdi, Hilaire Tegnan
Hasanuddin Law Review
It has been over 72 years since Indonesia proclaimed her independence on 17 August 1945. However, the 350 years of the Dutch colonization is still impacting the lives of the Indonesian people. The difficulties faced by the Indonesian legal system as the government tries to accommodate adat (custom) and religion principles within the national law and the extent to which this legal mechanism affects the everyday life of the Indonesian people. In a nation where customs and religion are so preeminent, setting up an all-inclusive document meant to be the foundation of the state’s legal system at the dawn of …
Good Governance And Anti-Corruption: Responsibility To Protect Universal Health Care In Indonesia, Ratna Juwita
Good Governance And Anti-Corruption: Responsibility To Protect Universal Health Care In Indonesia, Ratna Juwita
Hasanuddin Law Review
The establishment of universal health care marks a new momentum for the progressive realization of the right to health in Indonesia. The problem of corruption in health sector endangers the sustainability of effective and quality health care, therefore, Indonesia established an anti-fraud system to protect the universal health insurance fund. This research seeks to analyze the current anti-fraud system in universal health insurance through the lens of international law and principles of good governance. The sociolegal approach is chosen to study the relationship between the State party obligations to international law and the implementation of international law concerning universal health …
Environmental Pollution: Assessing The Criminal Liability Of Corporations, Hariman Satria
Environmental Pollution: Assessing The Criminal Liability Of Corporations, Hariman Satria
Hasanuddin Law Review
The Supreme Court sentenced PT Dongwoo Enviromental Indonesia (PT DEI) for disposing of hazardous and toxic wastes polluting the environment. Meanwhile, PT Adei Plantation & Industry (PT API) was charged with crime for the destruction of land damaging the environment. The research method used is normative legal research, which focuses on two approaches: case approach and conceptual approach. The results show that, first, PT DEI and PT API are charged criminally represented by the board as functioneel daderschap or directing mind and will. Second, PT DEI is charged with subsidized charges, while PT API is charged to alternative charges. Third, …
Broadening Of The Concept Of Obscenity In The Draft Of Indonesian Penal Code, Ali Rezky, Oheo Kaimuddin Haris
Broadening Of The Concept Of Obscenity In The Draft Of Indonesian Penal Code, Ali Rezky, Oheo Kaimuddin Haris
Hasanuddin Law Review
The reform of the Indonesian Penal Code (KUHP) is necessary to accommodate the noble values of Indonesian society. Therefore, Indonesian criminal law should reflect the basic principles, cultural values that live within the inner niches of Indonesian society as a living law. The inclusion of several forms of obscene acts that exist within the extended Draft Penal Code is a manifestation of the philosophical, sociological and juridical framework of the Indonesian society. The extension of the concept of obscenity in the Draft of Indonesian Penal Code is in accordance with the philosophy of the Indonesian nation that gives religious values …
The Roles Of Victims In The Icc: Victims’ Protection Or The Accused’S Fair Trial Right Violation?, Mahfud Jufri
The Roles Of Victims In The Icc: Victims’ Protection Or The Accused’S Fair Trial Right Violation?, Mahfud Jufri
Hasanuddin Law Review
The International Criminal Court (ICC) has provided the right to present victims views in the ICC’s proceeding. The objectives of this article are to identify to which extent the roles of victims in the ICC and to analyze whether victims’ participation would be a violation to the rights of a fair trial of the accused in the ICC or not. This is pure legal research meaning that the materials required in this article are available in libraries, archives and other databases. The article concludes that the victims, in the ICC, are allowed to participate and to seek reparation in accordance …
Persons With Intellectual Disability And Access To Justice In Nigeria: Challenges And The Way Forward, Augustine Edobor Arimoro
Persons With Intellectual Disability And Access To Justice In Nigeria: Challenges And The Way Forward, Augustine Edobor Arimoro
Hasanuddin Law Review
Conservatively, there are approximately about two million persons in Nigeria who may be referred to as persons with intellectual disabilities. These persons suffer from several challenges ranging from economic to non-inclusion in the society. In the paper, the discussion focuses on persons with intellectual disabilities and the effective access to justice as a fundamental right. The paper finds that even though Nigeria has adopted and ratified the United Nations Convention on the Rights of Persons with Disabilities, the Federal Government of Nigeria has not been proactive in supporting the persons with disabilities in the country to enjoy these rights. Furthermore, …
Legal Protection For Domestic Workers: The Experience Of Indonesia, Sakka Pati
Legal Protection For Domestic Workers: The Experience Of Indonesia, Sakka Pati
Hasanuddin Law Review
Given its social and economic invisibility and the accompanying low social status, domestic work is often exploitative. This research was aimed to find out and formulate the substance of legal protection for domestic workers in legislation in the field of labor in terms of the perspective of justice. It uses a statute, case, and socio-legal approaches. It was conducted in 3 (three) major cities, namely Jakarta, Yogyakarta and Makassar. The results of research showed that the substance of legal provisions in general for the protection of domestic workers, especially in labor legislation basically has not been able to guarantee justice …
Criminal Protection Of The Family In The Iraqi Legislation, Bassim Jameel Almusawi
Criminal Protection Of The Family In The Iraqi Legislation, Bassim Jameel Almusawi
Hasanuddin Law Review
The protection of the family is the basic principle for building a strong society and family protection policy is one of the most significant among the responsibilities of legislations. The current paper reviews the protection of family according to Iraqi legislation and discusses various types of crimes involving children or families according to Iraqi law. In this article doctrinal legal research was adopted and it assessed sources from both primary and secondary data. The research concludes that Iraqi legislation provides correct protection through a number of legal texts organizing the crimes against family. However, it has failed to achieve …
The Feasibility Of Operating A Small City Police Department: A Fiscal Trend Analysis, Sean Martin Moore
The Feasibility Of Operating A Small City Police Department: A Fiscal Trend Analysis, Sean Martin Moore
Walden Dissertations and Doctoral Studies
This professional administrative study (PAS) was developed to determine the feasibility of the client organization operating a small city police department or continuing with contracted police services by performing a fiscal trend analysis. The client organization’s law enforcement costs have risen significantly in the past decades and continue to rise. The fiscal trend analysis associated with operating a small city department was compared to those of three similar-sized California cities with small police departments. A fiscal trend analysis was completed using 10-year budget data from the client organization and three similar-sized California cities with small police departments. The fiscal analysis …
Victim-To-Perpetrator Relationships And Types Of Crime In Developmentally Disabled Crime Victims, Amoxtli Justice Nox
Victim-To-Perpetrator Relationships And Types Of Crime In Developmentally Disabled Crime Victims, Amoxtli Justice Nox
Walden Dissertations and Doctoral Studies
Individuals with intellectual and developmental disabilities (IDDs) are more likely to be victimized and abused than their nondisabled peers, though not much is known about the main perpetrators of this population or the crime types most often committed against them. The purpose of this study was to explore the intersecting victimization risks for adults with IDDs. Guided by critical disability theory, this nonexperimental correlational study explored the relationship between the perpetrators and their IDD adult crime victims, established the crime types most often committed against them, and possible gender differences within victimization. Archival data from the National Crime Victimization Survey …
M/Other Your Politics, A Praxis For The Next Iterations Of Humanity, Shelley Maddox
M/Other Your Politics, A Praxis For The Next Iterations Of Humanity, Shelley Maddox
Dissertations
In this dissertation, political, educational and feminist theories are intertwined to present m/othering as an educative practice and a revolutionary politics of love. Perspectives grounded in m/othering theories, practices and activism offer transformative visions of the future and connect the power inherent in our daily lives to the larger project of overcoming systems of domination. An invitation to pursue informal, liberatory educational practices in the mundane moments of everyday life, M/other Your Politics reframes power and repositions politics at the site of the interpersonal, offering a hopeful vision for the implementation of love as resistance. Set upon altering consciousness and …
Critical Legal Reading Of World Anti-Doping Agency’S Gene Doping Guidance, Ahmad Saad Ahmad Al-Dafrawi
Critical Legal Reading Of World Anti-Doping Agency’S Gene Doping Guidance, Ahmad Saad Ahmad Al-Dafrawi
Hasanuddin Law Review
The genetic barrier negatively affected competitive athletic performance until the advent of gene therapy and genetic manipulation, which cast doubt on and impacted the legitimacy of sporting events. At that a critical point, the World Anti-Doping Agency (WADA) interfered in such experimentation and application with a serious attempt to curb the problem and set things back on track with the healthiest standards in light of bioethics. However, the major problem that the agency has encountered and which this legal study wants to raise, and address is the legal consequences that result from the lack of a reliable method that provides …