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Full-Text Articles in Law

Automated Government For Vulnerable Citizens: Intermediating Rights, Sofia Ranchordás, Luisa Scarcella Dec 2022

Automated Government For Vulnerable Citizens: Intermediating Rights, Sofia Ranchordás, Luisa Scarcella

William & Mary Bill of Rights Journal

Filing tax returns or applying for unemployment benefits are some of the most common government transactions. Yet interacting with tax and social security authorities is for many a source of government anxiety. Bureaucracy, regulatory delays, and the complexity of the administrative legal system have been regarded for decades as the key reasons for this problem. Digital government promised a solution in the shape of simplified forms, electronic filing, and better communication with citizens. In the United States, privately developed software systems such as TurboTax and MiDAS emerged as intermediaries between citizens and digital government, selling convenience and efficiency. These systems ...


Municipalities Could Provide Valuable Second-Life Uses Of Electric Vehicle Li-Ion Batteries While Legislators And Manufacturers Refine Safe Recycling And Disposal Practices, Heather D. Stewart Sep 2022

Municipalities Could Provide Valuable Second-Life Uses Of Electric Vehicle Li-Ion Batteries While Legislators And Manufacturers Refine Safe Recycling And Disposal Practices, Heather D. Stewart

Environmental and Earth Law Journal (EELJ)

As consumers are embracing emerging electric vehicles (EVs) as an important step to take in combating climate change, the reality is that the EV solution has some serious short-term issues to address, especially when evaluating the lithium-ion batteries (LIBs) that power most EVs. This comment first discusses the potential problems associated with the lack of recycling and disposal technology as well as regulations that are available for EV LIBs. Even though consumers and regulators alike are supportive that fossil fuel-burning internal combustion engines need to be replaced with cleaner transportation options such as EVs, policies, and proclamations are still subject ...


Addressing The Disproportionate Adverse Health Effects Among Bipoc Communities As A Result Of Environmental Racism, Lindsay M. Farbent Sep 2022

Addressing The Disproportionate Adverse Health Effects Among Bipoc Communities As A Result Of Environmental Racism, Lindsay M. Farbent

Environmental and Earth Law Journal (EELJ)

This article examines factors that contribute to the negative health impacts on Black Americans, other minorities, and low-income communities that are living in areas with high levels of air pollution, toxic waste, and environmental hazards. First, this article assesses the role of historical residential redlining on the segregation of BIPOC neighborhoods. Furthermore, the article addresses gaps in both federal and state environmental laws that allow facilities to keep obtaining permits and polluting in BIPOC and primarily low-income neighborhoods. Moreover, the article explains the higher rates of trauma, stress, and stress-related illnesses among BIPOC communities exposed to high levels of environmental ...


Is Bitcoin The New Gold? The Two May Be More Similar Than You Think, Including Their Value, Uses, And Deleterious Effects On The Environment, Justin Allen Sep 2022

Is Bitcoin The New Gold? The Two May Be More Similar Than You Think, Including Their Value, Uses, And Deleterious Effects On The Environment, Justin Allen

Environmental and Earth Law Journal (EELJ)

In the 1850s, the Gold Rush started in the United States, and in 2010, an analogous phenomenon, the Cryptoboom, began. Similar to the Gold Rush, Bitcoin’s initial boom was marred by the deleterious effects that mining for valuable coins had on the environment, but there are steps that can be taken to mitigate the negative effect cryptocurrencies have on the environment. Cryptocurrencies, including Bitcoin and the blockchain technology that powers cryptocurrencies, have been widely embraced by many people, corporations, and even entire governments for a multitude of reasons. Some have embraced the fruits of blockchain to use as a ...


Miami Is Setting The Expectation On How Coastal Communities In Florida Should Respond To Protect Homeowners From The Sinking State, Dayana B. Blanco Sep 2022

Miami Is Setting The Expectation On How Coastal Communities In Florida Should Respond To Protect Homeowners From The Sinking State, Dayana B. Blanco

Environmental and Earth Law Journal (EELJ)

This note begins by explaining what environmental factors are causing the sea level rise to increase at just a rapid pace and how coastal communities are ultimately affected. Because Florida is a slice of paradise within the states, it causes the population to increase vastly. Thus, millions of homeowners could face tragic consequences, such as total inundation of residential homes, flooding within the community, and a drastic decrease in home value. In response to this natural disaster, in 2021, Governor Ron DeSantis passed Senate Bill 1954 into law, which requires the Department of Environmental Protection to complete a statewide flood ...


Congress Invests In A New Generation: The Future Of Commercial Fishing Is Supported By The Implementation Of The Young Fishermen’S Development Act, Shayla Alltop Sep 2022

Congress Invests In A New Generation: The Future Of Commercial Fishing Is Supported By The Implementation Of The Young Fishermen’S Development Act, Shayla Alltop

Environmental and Earth Law Journal (EELJ)

This note speaks to the importance and potential impact of the Young Fishermen’s Development Act. This ongoing, historical legislation, ultimately signed into law on January 5, 2021, will establish funds over several fiscal years to support the future of commercial fishing. The Alaska and New England regions are discussed briefly to show the significance of the commercial fishing industry to those areas. An overview of the Act is provided, and the context for its need is explained as it relates to the industry’s entrants. Further, the phenomenon known as “graying of the fleet” is examined, as well as ...


The Role Of Expropriation Clauses In Protection And Promotion Of Foreign Investments In Renewable Energy: An Essential But Overlooked Legal Consideration, Moosa Akefi Ghaziani, Mohammad Akefi Ghaziani Sep 2022

The Role Of Expropriation Clauses In Protection And Promotion Of Foreign Investments In Renewable Energy: An Essential But Overlooked Legal Consideration, Moosa Akefi Ghaziani, Mohammad Akefi Ghaziani

Indonesia Law Review

Today the world is tackling climate change. The global threat of energy poverty along with the growing need for energy has escalated this crisis. The promotion of renewable energy sources is widely known as the main solution to this challenge. Many International and regional agreements address various aspects of renewable energy development such as trade, transit, security, and investment. Since not all states have the financial and technological abilities to develop this sector, foreign investment is recognised as a crucial prerequisite for the global deployment of renewable energies. Various investment agreements are signed to facilitate and promote investments. These instruments ...


Solving The Congressional Review Act’S Conundrum, Cary Coglianese Sep 2022

Solving The Congressional Review Act’S Conundrum, Cary Coglianese

Faculty Scholarship at Penn Carey Law

Congress routinely enacts statutes that require federal agencies to adopt specific regulations. When Congress passed the Dodd-Frank Wall Street Reform and Consumer Protection Act in 2010, for example, it mandated that the Securities and Exchange Commission (SEC) adopt an anti-corruption regulation requiring energy companies to disclose payments they make to foreign governments. Although the Dodd-Frank Act specifically required the SEC to adopt this disclosure requirement, the agency’s eventual regulation was also, like other administrative rules, subject to disapproval by Congress under a process outlined in a separate statute known as the Congressional Review Act (CRA).

After the SEC issued ...


Is It Time To Bury Barry? Why An Old Change At The Legislature Requires A New Look At Washington's Nondelegation Doctrine, Daniel A. Himebaugh Sep 2022

Is It Time To Bury Barry? Why An Old Change At The Legislature Requires A New Look At Washington's Nondelegation Doctrine, Daniel A. Himebaugh

Washington Law Review Online

Fifty years ago, the Supreme Court of Washington adopted a relaxed version of the nondelegation doctrine in a case called Barry and Barry v. Department of Motor Vehicles. The Barry rule, which only loosely restricts the delegation of policy-making power from the Legislature to other bodies, is now widely applied in Washington State. However, the Barry Court’s reasons for adjusting the nondelegation doctrine were based on an outdated understanding of the Legislature, especially its regular session schedule. While the Legislature’s regular sessions have changed since 1972—becoming longer and more frequent due to constitutional amendment—the Court has ...


Rediscovery Of The Living Law In Natural Disaster Mitigation In Majene Regency, West Sulawesi Province, Indonesia, Rahmat Bakri, Sulbadana Sulbadana, Saharuddin Saharuddin3, Asria Wayuni Ahmad Aug 2022

Rediscovery Of The Living Law In Natural Disaster Mitigation In Majene Regency, West Sulawesi Province, Indonesia, Rahmat Bakri, Sulbadana Sulbadana, Saharuddin Saharuddin3, Asria Wayuni Ahmad

Indonesia Law Review

The living law and state law are two schools of law that are always dialectical in the development of law in a country. If the two can be synergized properly, then the legal function will run effectively and the legal objectives will be achieved. In the context of natural disaster mitigation in Indonesia, the synergy between the living law and state law can be proposed as a solution to streamline the various existing laws. This study aims to reidentify natural disaster mitigation models a previous result of the collective creativity of the people of Totolisi Sendana Village, Majene Regency, West ...


An Administrative Solution To The Student Loan Debt Crisis, Justin C. Van Orsdol Aug 2022

An Administrative Solution To The Student Loan Debt Crisis, Justin C. Van Orsdol

Washington and Lee Law Review Online

To say that the student loan debt crisis is out of control is a massive understatement. Although solutions such as Public Service Loan Forgiveness and the recent temporary payment/interest rate freeze have provided some relief for borrowers, more can be done. Of course, as with any large outlay of taxpayer dollars, opposition is sure to be heated. Given the current political climate, the likelihood of any legislative fixes seems unlikely.

But what if there was an administrative solution that could do more to address this crisis without the cost of the legislative process? This essay proposes such a solution ...


Challenging Equality: Property Loss, Government Fault, And The Global Warming Catastrophe, Laura S. Underkuffler Aug 2022

Challenging Equality: Property Loss, Government Fault, And The Global Warming Catastrophe, Laura S. Underkuffler

Northwestern University Law Review

One of the bedrock principles of American property law is that all property owners and all property are protected equally. We do not believe—when it comes to compensation for loss—that poor owners are compensated rigidly and rich owners are not, or that property in private homes is protected rigidly and property in commercial or industrial structures is not. When it comes to compensation due to public or private fault, we believe in absolute equality. Equal treatment of property is at the heart of the liberal state and is the promise of American property law.

This Essay challenges that ...


Flint's Fight For Environmental Rights, Noah D. Hall Aug 2022

Flint's Fight For Environmental Rights, Noah D. Hall

Northwestern University Law Review

This Essay reviews the recent development of environmental rights within U.S. constitutional law, advanced through a series of federal court decisions in the wake of the Flint water crisis. The residents of Flint were poisoned and lied to by their government for nearly two years. They experienced how American environmental governance has failed at the state and federal levels and how our environmental laws leave individuals and communities unprotected. And then Flint fought back, in the courts, for five years. Flint residents have been overwhelmingly successful, achieving some justice for themselves and advancing substantive rights and remedies within our ...


Ownership Concentration: Lessons From Natural Resources, Vanessa Casado Pérez Aug 2022

Ownership Concentration: Lessons From Natural Resources, Vanessa Casado Pérez

Northwestern University Law Review

Concentration of ownership over land or other resources is both a sign and a cause of inequality. Concentration of ownership makes access to such resources difficult for those less powerful, and it can have negative effects on local communities that benefit from a more distributed ownership pattern. Such concentration goes against the antimonopoly principles behind the homesteading land policies and the legal regimes that regulate many natural resources. This Essay suggests that where concentration is a concern, one might draw lessons for reform by looking to the field of natural resources law, which employs a range of deconcentration mechanisms affecting ...


The Failure Of Proposed Regulation F: How The Consumer Financial Protection Bureau Leaves Consumers Vulnerable To Abusive Debt Collection Practices, Allison Cole Aug 2022

The Failure Of Proposed Regulation F: How The Consumer Financial Protection Bureau Leaves Consumers Vulnerable To Abusive Debt Collection Practices, Allison Cole

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


American Contagions: Unexpected Pasts, Unwieldy Presents, And Contested Futures, John Fabian Witt Aug 2022

American Contagions: Unexpected Pasts, Unwieldy Presents, And Contested Futures, John Fabian Witt

University of St. Thomas Law Journal

No abstract provided.


The Dangers Of Being Disabled In The Time Of Covid, Elizabeth R. Schiltz Aug 2022

The Dangers Of Being Disabled In The Time Of Covid, Elizabeth R. Schiltz

University of St. Thomas Law Journal

No abstract provided.


The Covid-19 Worship Cases Lessons For Governors In Democratic Governance And Transparency Over "Edicts", Robin Fretwell Wilson Aug 2022

The Covid-19 Worship Cases Lessons For Governors In Democratic Governance And Transparency Over "Edicts", Robin Fretwell Wilson

University of St. Thomas Law Journal

No abstract provided.


Thomas Aquinas On Tyrannicide, Dr. Charles J. Reid Jr. Aug 2022

Thomas Aquinas On Tyrannicide, Dr. Charles J. Reid Jr.

University of St. Thomas Law Journal

No abstract provided.


Eviction Courts, Kathryn A. Sabbeth Aug 2022

Eviction Courts, Kathryn A. Sabbeth

University of St. Thomas Law Journal

No abstract provided.


Covid-19, Churches, And Culture Wars, John Inazu Aug 2022

Covid-19, Churches, And Culture Wars, John Inazu

University of St. Thomas Law Journal

No abstract provided.


Juvenile Protection Courts And The Pandemic: A View From Inside Out, Felice Batlan Aug 2022

Juvenile Protection Courts And The Pandemic: A View From Inside Out, Felice Batlan

University of St. Thomas Law Journal

No abstract provided.


Pandemics In Indian Country: The Making Of The Tribal State, Matthew L.M. Fletcher Aug 2022

Pandemics In Indian Country: The Making Of The Tribal State, Matthew L.M. Fletcher

University of St. Thomas Law Journal

No abstract provided.


Housing Instability And Covid-19, Courtney Lauren Anderson Aug 2022

Housing Instability And Covid-19, Courtney Lauren Anderson

University of St. Thomas Law Journal

No abstract provided.


Ownership Concentration: Lessons From Natural Resources, Vanessa Casado-Pérez Aug 2022

Ownership Concentration: Lessons From Natural Resources, Vanessa Casado-Pérez

Faculty Scholarship

Concentration of ownership over land or other resources is both a sign and a cause of inequality. Concentration of ownership makes access to such resources difficult for those less powerful, and it can have negative effects on local communities that benefit from a more distributed ownership pattern. Such concentration goes against the antimonopoly principles behind the homesteading land policies and the legal regimes that regulate many natural resources. This Essay suggests that where concentration is a concern, one might draw lessons for reform by looking to the field of natural resources law, which employs a range of deconcentration mechanisms affecting ...


Upaya Pemerintah Terhadap Perlindungan Ekspresi Budaya Tradisional Batik Motif Parang Sebagai Warisan Budaya Dunia, Raden Zulfikar Supinarko Putra Jul 2022

Upaya Pemerintah Terhadap Perlindungan Ekspresi Budaya Tradisional Batik Motif Parang Sebagai Warisan Budaya Dunia, Raden Zulfikar Supinarko Putra

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Abstract

Batik is not just a design on a piece of cloth, more than that, batik is a soul that blends in the procession of Indonesian society. Since the baby has been carried with a batik cloth, weddings wear batik cloth until when they die they will be covered with batik cloth too usually. This fact become a consideration for UNESCO to establish Indonesian Batik as a Masterpieces of the Oral and Intangible Heritage of Humanity in the Fourth Session of The Intergovernmental Committee. This research uses a normative legal research method that is descriptive and analytical using a statutory ...


Perbedaan Akad Wakalah Bil Ujrah Dan Akad Qard Terhadap Permasalahan Akad Pembelian Barang Dalam Kehidupan Sehari-Hari, Zendy Sellyfio Ardiana Jul 2022

Perbedaan Akad Wakalah Bil Ujrah Dan Akad Qard Terhadap Permasalahan Akad Pembelian Barang Dalam Kehidupan Sehari-Hari, Zendy Sellyfio Ardiana

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Abstract

The wakalah bil ujrah and qard contract are contracts that often cause difficulties in implementing the purchase of goods in everyday life, both in safekeeping for purchasing goods and for buying and selling in general. Where if it is wrong in its application, it can cause income in a sale and purchase to be haraam due to an error in understanding the contract used and not describing benefit as the core of maqashid al-sharia which has an important role in determining Islamic law. The purpose of this paper is to find out how the solution to the application of ...


Tinjauan Yuridis Dalam Penyelesaian Pelanggaran Ham Berat Melalui Komisi Kebenaran Dan Rekonsiliasi Di Afrika Selatan Dan Indonesia, Tshana Erfandi Jul 2022

Tinjauan Yuridis Dalam Penyelesaian Pelanggaran Ham Berat Melalui Komisi Kebenaran Dan Rekonsiliasi Di Afrika Selatan Dan Indonesia, Tshana Erfandi

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Abstract

Several countries are currently developing a solution to the problem by establishing a particular commission. The commission works outside the courts, parliament and executive. In Indonesia, In Indonesia. The People's Consultative Assembly set a stipulation regarding the establishment of the National Center for Truth and Reconciliation: (NCTR) in 2000. This stipulation has the intent and purpose for national unity to identify existing problems, determine the conditions that must be made in order to achieve national reconciliation and establish policy direction as a guide to carry out the consolidation of unity of a nation. Whereas in South Africa, the ...


Pembebasan Perpajakan / Retribusi Daerah Di Kawasan Industri Mandor Sebagai Bentuk Kebijakan Otonomi Daerah Untuk Meningkatkan Perekonomian, Ryan Tantan Sembiring Meliala Jul 2022

Pembebasan Perpajakan / Retribusi Daerah Di Kawasan Industri Mandor Sebagai Bentuk Kebijakan Otonomi Daerah Untuk Meningkatkan Perekonomian, Ryan Tantan Sembiring Meliala

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Abstract

Taxes are a source of income for a government. To implement a regional autonomy that the central government is currently carrying out, regional governments can make regional policies to improve the region's economy. In this case, the Landak Regency Regional Government makes a policy of exemption and relief from regional taxes/levies given to investors who will carry out investment activities in the Foreman Industrial Estate. This policy is an effort from the Landak District Government to improve the economy in Landak by making a regional tax policy to attract investors.

Keywords: tax, regional autonomy, investment


Syarat Kebaruan Pada Desain Industri Sebagai Dasar Gugatan Pembatalan Desain Industri, Rizqi Tsaniati Putri Jul 2022

Syarat Kebaruan Pada Desain Industri Sebagai Dasar Gugatan Pembatalan Desain Industri, Rizqi Tsaniati Putri

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Abstract

Intellectual Property Rights, including Industrial Design Rights, are an important matter to be protected especially in relation to the growing market development in the world and in Indonesia itself. Protection of Industrial Designs is needed to encourage creativity and as a form of protection and appreciation for Industrial Designs for its creators. In Indonesia, the protection of industrial designs is regulated based on Law Number 31 of 2000 concerning Industrial Designs. Even though Indonesia already has laws and regulations governing the Industrial Designs, there are still some things in the Law that still need to be clarified in order ...