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Articles 1 - 30 of 1219
Full-Text Articles in Law
Ketetapan Mpr Dalam Tata Urutan Peraturan Perundang-Undangan Di Indonesia, Nisrina Irbah Sati
Ketetapan Mpr Dalam Tata Urutan Peraturan Perundang-Undangan Di Indonesia, Nisrina Irbah Sati
Jurnal Hukum & Pembangunan
As a result of deliberation and representation based democracy in Indonesia, the UUD 1945 before the amendment presented MPR as the highest state institution that absorbed people's sovereignty, so it gained legitimacy to be a superordinate of state institutions in various branches of power. The MPR’s position as the highest state institution was also accompanied by a legislative function, in which the MPR was able to make its legal product known as Tap MPR. The change in the position of the MPR, which was no longer the highest institution of the state in the constitutional structure since the enactment of …
Model Pembentukan Peraturan Daerah Yang Ideal Dalam Penyelenggaraan Otonomi Daerah, Marten Bunga
Model Pembentukan Peraturan Daerah Yang Ideal Dalam Penyelenggaraan Otonomi Daerah, Marten Bunga
Jurnal Hukum & Pembangunan
This study aims to analyze the model formation of regional regulations in the implementation of regional autonomy. This research method used is included in the type of normative legal research that uses secondary data obtained from library materials in the form of primary legal material. The results of the study indicate that regional regulations in the implementation of regional autonomy are a policy instrument in the implementation of the regional government. Establishment of regional regulations that are in accordance with the interests of the community must implement the principles of regional autonomy and the content of regional regulations must not …
Dewan Perwakilan Rakyat Dan Majelis Permusyawaratan Rakyat Dalam Proses Impeachment Presiden Abdurrahman Wahid, Kukuh Bergas
Dewan Perwakilan Rakyat Dan Majelis Permusyawaratan Rakyat Dalam Proses Impeachment Presiden Abdurrahman Wahid, Kukuh Bergas
Jurnal Hukum & Pembangunan
As a country that uses presidential systems, Indonesia realizes that the role of the president as an executive is powerful. Therefore it is necessary to establish legal rules or supervisory institutions as a counterweight to avoid abuse of authority. The DPR and MPR are legislative institutions whose task is to oversee the performance of the president. If a suspected violation is found, the DPR may submit a proposal for the dismissal of the president. Indonesia's 4th President experienced this case, K. H. Abdurrahman Wahid is also known as Gus Dur, because he was considered to have committed a violation which …
Polemik Jangka Waktu Pengajuan Gugatan Ke Pengadilan Tata Usaha Negara, Renius Albert Marvin, Anna Erliyana Prof.
Polemik Jangka Waktu Pengajuan Gugatan Ke Pengadilan Tata Usaha Negara, Renius Albert Marvin, Anna Erliyana Prof.
Jurnal Hukum & Pembangunan
The period of 90 (ninety) days to file a claim in the Administrative Court (PTUN) plays an important role because if the period is passed, the Administrative Decision (KTUN) can not be claimed even if the KTUN contains defects. The basic principle of regulation the period for filing a claim to the Administrative Court is determined explicitly in Article 55 of the Law of Administrative Courts, which is 90 (ninety) days after the KTUN is received or announced which can be applied in several variables that prove the opportunity for everyone can take legal action if the Administrative Decision issued …
December 29, 2019: Secular Responses To Anti-Semitic Violence, Bruce Ledewitz
December 29, 2019: Secular Responses To Anti-Semitic Violence, Bruce Ledewitz
Hallowed Secularism
Blog post, “Secular Responses to anti-Semitic Violence“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
The Separation Of Migrant Families At The Border Under The Trump Administration’S Zero-Tolerance Policy: A Critical Analysis Of The Mistreatment Of Immigrant Children Held In U.S. Custody, Dhillon Ramkhelawan
The Separation Of Migrant Families At The Border Under The Trump Administration’S Zero-Tolerance Policy: A Critical Analysis Of The Mistreatment Of Immigrant Children Held In U.S. Custody, Dhillon Ramkhelawan
Child and Family Law Journal
This article provides a critical analysis of the Trump Administration’s zero-tolerance policy that separated migrant families at the Southwest United States border from April to June 2018. It will provide a statistical analysis regarding the number of migrant children that were separated from their parents during this time period, and it will describe the poor living conditions that many of these children were subjected to as they waited for their parent’s immigration cases to be decided. Additionally, this article will also critically analyze the United States’ history of mistreating migrant children who started to flee their war-torn countries in Central …
The Effects Of Forcible Separation And The Ramifications Involved In Using Genetic Testing To Reunite Immigrants At The Border, Thameshwarie Ghamandi
The Effects Of Forcible Separation And The Ramifications Involved In Using Genetic Testing To Reunite Immigrants At The Border, Thameshwarie Ghamandi
Child and Family Law Journal
No abstract provided.
Of Sustainable Development In Africa: Addressing The (In)Congruence Of Plastic Bag Regulations With International Trade Rules, Regis Y, Simo
Of Sustainable Development In Africa: Addressing The (In)Congruence Of Plastic Bag Regulations With International Trade Rules, Regis Y, Simo
Brooklyn Journal of International Law
Several aspects of the trade policies of African countries suffer from neglect in the legal literature. When they are the object of research, the focus is sometimes limited to their participation in the dispute settlement system or on the enforceability of special and differential treatment provisions. While practice displays that African countries have almost never been the target of complaints for a number a reasons, those approaches do not always take into consideration African countries’ domestic measures affecting the flow of goods and services, which could eventually trigger disputes. This paper intends to fill that gap and add to the …
The Clone Wars: The Right To Embryonic Gene Editing Under German Law, Keren Goldberger
The Clone Wars: The Right To Embryonic Gene Editing Under German Law, Keren Goldberger
Brooklyn Journal of International Law
Germany has the strictest genetic engineering laws in the world and bans virtually all kinds of embryonic gene editing. Since the invention of CRISPR, however, embryonic gene editing is more precise, and the possibilities of curing genetic diseases are more real than ever. This Note will argue for the right to embryonic gene editing through an analysis of German constitutional privacy and right to life jurisprudence. Ultimately, this Note argues for a right to procreate under German law that is backed by the state’s affirmative duty to encourage and protect life. When the technology is available, German Law should not …
Nancy Pelosi Is Defending The Constitution With Her Actions, Edward A. Purcell Jr.
Nancy Pelosi Is Defending The Constitution With Her Actions, Edward A. Purcell Jr.
Other Publications
This post originally appeared on https://thehill.com/opinion/judiciary/476021-nancy-pelosi-is-defending-the-constitution-with-her-actions
December 25, 2019: Christmas 2019, Bruce Ledewitz
December 25, 2019: Christmas 2019, Bruce Ledewitz
Hallowed Secularism
Blog post, “Christmas 2019“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
December 22, 2019: Light In This Dark Season, Bruce Ledewitz
December 22, 2019: Light In This Dark Season, Bruce Ledewitz
Hallowed Secularism
Blog post, “Light in this Dark Season“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
December 17, 2019: Today's Column On Hate Speech In The Pennsylvania Capital-Star, Bruce Ledewitz
December 17, 2019: Today's Column On Hate Speech In The Pennsylvania Capital-Star, Bruce Ledewitz
Hallowed Secularism
Blog post, “Today's column on hate speech in the Pennsylvania Capital-Star“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Think We’Re Powerless Against Hate Speech? The Constitution Provides Plenty Of Room To Address It, Bruce Ledewitz
Think We’Re Powerless Against Hate Speech? The Constitution Provides Plenty Of Room To Address It, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
Aboriginal Rights And Constitutional Conflict: The Marshall Court, State And Federal Sovereignty, And Native American Rights Under The 1789 Constitution, Guy Charlton
American Indian Law Journal
No abstract provided.
Extraordinary And Compelling: Madison V. Alabama And The Issue Of Prison Reform For Elderly Prisoners, Jennifer Leto
Extraordinary And Compelling: Madison V. Alabama And The Issue Of Prison Reform For Elderly Prisoners, Jennifer Leto
University of Miami Race & Social Justice Law Review
No abstract provided.
Let Locked-Up People Vote: Prisoners Are Still Citizens And Should Be Able To Exert Their Civic Rights, Rachel Landy
Let Locked-Up People Vote: Prisoners Are Still Citizens And Should Be Able To Exert Their Civic Rights, Rachel Landy
Faculty Online Publications
The Constitution does not guarantee all citizens the right to vote. Rather, the right to vote is implied through a patchwork of amendments that restrict how voting rights may be limited. For example, the 15th Amendment reads “[t]he right of citizens of the United States to vote shall not be denied or abridged...on account of race, color, or previous condition of servitude.” Subsequent amendments added gender, failure to pay poll taxes, literacy, and age over 18 to the list of characteristics for which denying the right to vote may not be based.
December 7, 2019: Churchill Champions Free Trade And Castigates Republican Tariffs As Secular, Bruce Ledewitz
December 7, 2019: Churchill Champions Free Trade And Castigates Republican Tariffs As Secular, Bruce Ledewitz
Hallowed Secularism
Blog post, “Churchill Champions Free Trade and Castigates Republican Tariffs as Secular“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Criminal Law--Production Of Government Records--Confidential Character, R. G. P.
Criminal Law--Production Of Government Records--Confidential Character, R. G. P.
West Virginia Law Review
No abstract provided.
The Constitutional Case For "Red Flag" Laws, Timothy Zick
The Constitutional Case For "Red Flag" Laws, Timothy Zick
Popular Media
No abstract provided.
December 4, 2019: A Good Day For The Rule Of Law, Bruce Ledewitz
December 4, 2019: A Good Day For The Rule Of Law, Bruce Ledewitz
Hallowed Secularism
Blog post, “A Good Day for the Rule of Law“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Calif. Supreme Court Right To Strike Down Law Requiring Trump To Release Tax Returns To Get On The Ballot, Bruce Ledewitz
Calif. Supreme Court Right To Strike Down Law Requiring Trump To Release Tax Returns To Get On The Ballot, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
The Special Norms Thesis: Why Congress's Constitutional Decision-Making Should Be Disciplined By More Than The Usual Norms Of Politics, Mark Rosen
All Faculty Scholarship
No abstract provided.
Educational Gerrymandering: Money, Motives, And Constitutional Rights, Derek Black
Educational Gerrymandering: Money, Motives, And Constitutional Rights, Derek Black
Faculty Publications
Public school funding plummeted following the Great Recession and failed to recover over the next decade, prompting strikes and protests across the nation. Courts did almost nothing to stop the decline. While a majority of state supreme courts recognize a constitutional right to an adequate or equal education, they increasingly struggle to enforce the right. That right could be approaching a tipping point. Either it evolves, or risks becoming irrelevant.
In the past, courts have focused almost exclusively on the adequacy and equity of funding for at-risk students, demanding that states provide more resources. Courts have failed to ask the …
“Disturbing Schools” Laws: Disturbing Due Process With Unconstitutionally Vague Limits On Student Behavior, Rachel Smith
“Disturbing Schools” Laws: Disturbing Due Process With Unconstitutionally Vague Limits On Student Behavior, Rachel Smith
Journal of Law and Policy
For over a century, the United States Supreme Court has held, in sum and substance, that students do not “shed their constitutional rights . . . at the schoolhouse gate.” In practice, however, while not shed entirely, many of those rights have been increasingly limited. “Disturbing Schools” Laws subject students to criminal charges for behaving in a distracting or obnoxious manner on campus—behavior which can easily be conceptualized as typical adolescent behavior. Challenges to Disturbing Schools Laws have resulted in opposing outcomes across Circuit Courts. This Note discusses how students may use the Fourth Circuit case Kenny v. Wilson to …
“Armed And Dangerous” A Half Century Later: Today’S Gun Rights Should Impact Terry’S Framework, Alexander Butwin
“Armed And Dangerous” A Half Century Later: Today’S Gun Rights Should Impact Terry’S Framework, Alexander Butwin
Fordham Law Review
Over fifty years ago, in Terry v. Ohio, the U.S. Supreme Court established a two-part framework in which police officers may, without a warrant, stop and search an individual for weapons without violating the Fourth Amendment’s protections against unreasonable searches and seizures. Officers must (1) suspect that criminal activity has occurred, or will soon occur, and (2) have a reasonable fear that the individual is “armed” and poses a threat to the responding officers or to others—i.e., “dangerous.” The second prong’s exact meaning is disputed and has created a split among the circuits as to whether merely being “armed” …
Protecting Health Information In Utero: A Radical Proposal, Luke Isaac Haqq
Protecting Health Information In Utero: A Radical Proposal, Luke Isaac Haqq
Journal of Law and Policy
This Article introduces an underappreciated space in which protected health information (“PHI”) remains largely unprotected, a fact that will become only more problematic as clinical medicine increasingly turns to genomics. The past decade has seen significant advances in the prevention of birth defects, especially with the introduction of clinical preconception, prenatal, and neonatal genomic sequencing. Parental access to the results of embryonic and fetal clinical sequencing is critical to reproductive autonomy; results can provide parents with important considerations in determining whether to seek or avoid conception, as well as in deciding whether to carry a pregnancy to term. The information …
The Long Road Back To Skokie: Returning The First Amendment To Mask Wearers, Rob Kahn
The Long Road Back To Skokie: Returning The First Amendment To Mask Wearers, Rob Kahn
Journal of Law and Policy
When the Seventh Circuit upheld the First Amendment right of Nazis to march in Skokie, Illinois in 1978, the protection of mask wearers was not far behind. Since then, doctrinal paths have diverged. While the Supreme Court continues to protect hate speech, mask wearing has been increasingly placed outside First Amendment protection. This article seeks to get to the bottom of this doctrinal divergence by addressing the symbolic purposes of mask bans—rooted in repudiating the Ku Klux Klan—as well as the doctrinal steps taken over the past forty years to restrict the First Amendment claims of mask wearers. It also …
Lawful Searches Incident To Unlawful Arrests: A Reform Proposal, Mark A. Summers
Lawful Searches Incident To Unlawful Arrests: A Reform Proposal, Mark A. Summers
Faculty Scholarship
No abstract provided.
A Computational Analysis Of Constitutional Polarization, David E. Pozen, Eric L. Talley, Julian Nyarko
A Computational Analysis Of Constitutional Polarization, David E. Pozen, Eric L. Talley, Julian Nyarko
Cornell Law Review
This Article is the first to use computational methods to investigate the ideological and partisan structure of constitutional discourse outside the courts. We apply a range of machine- learning and text-analysis techniques to a newly available data set comprising all remarks made on the U.S. House and Senate floors from 1873 to 2016, as well as a collection of more recent newspaper editorials. Among other findings, we demonstrate (1) that constitutional discourse has grown increasingly polarized over the past four decades; (2) that polarization has grown faster in constitutional discourse than in nonconstitutlonal discourse; (3) that conservative-leaning speakers have driven …