Law Commons^™

Going Gunless, Dru Stevenson

Brooklyn Law Review

Firearm policy in the United States is subject to longstanding political gridlock. Up to now, most of the legal academic literature has focused on the constitutionality of various—or any—regulations regarding firearm possession, sales, or usage. This article inverts the problem and proposes a system for voluntary registration and certification of nonowners, those who want to waive or renounce their Second Amendment rights as a matter of personal conviction. The proposed system is analogous to both the registration of conscientious objectors during wartime conscriptions, and the newer suicide prevention laws whereby individuals can add their names to a do-not-sell list for …

Innovative Regulatory And Financial Parameters For Advancing Carbon Capture And Storage Technologies, Zen Makuch, Slavina Georgieva & Behdeen Oraee-Mirzamani

Fordham Environmental Law Review

No abstract provided.

Lessons From Renewable Energy Diffusion For Carbon Dioxide Removal Development, Anthony E. Chavez

Fordham Environmental Law Review

No abstract provided.

Regaining Control Over The Climate Change Narrative: How To Stop Right-Wing Populism From Eroding Rule Of Law In The Climate Struggle In India, Binit Agrawal

Fordham Environmental Law Review

No abstract provided.

Textiles As A Source Of Microfiber Pollution And Potential Solutions, Lea M. Elston

Fordham Environmental Law Review

No abstract provided.

The Fossil Fuel Industry’S Push To Target Climate Protesters In The U.S., Grace Nosek

Pace Environmental Law Review

At the very moment when the United Nations has called for profound shifts in social and economic systems to avert climate catastrophe, state and non-state actors in the United States (U.S.) are using a series of tactics to target and stifle climate protesters. Although the move to stifle climate protesters is often framed as a government effort, this Article argues it is critical to draw out the role of the fossil fuel industry in initiating, amplifying, and supporting such tactics.

This Article highlights the role the fossil fuel industry has played in supporting the targeting and restricting of climate protesters …

It’S 1919 Somewhere: What Tennessee Wine & Spirits Retailers Association V. Thomas Means For The National Hangover Of The Twenty-First Amendment, The Dormant Commerce Clause, And Federal Legalization Of Intoxicating Substances., Evan W. Saunders

Brooklyn Law Review

The United States has a drinking problem; or rather, an alcohol problem. In the aftermath of Prohibition and the passage of the Twenty-First Amendment, the Supreme Court has struggled to settle upon an overarching regulatory system for alcohol that is amenable to both the federal government and the states. Most recently, in Tennessee Wine and Spirits Retailers Association v. Thomas, the Court further asserted that alcohol should be treated just like any other good under the Dormant Commerce Clause. This note examines the Court’s Twenty-First Amendment jurisprudence leading up to Tennessee Wine, and suggests an alternate interpretation of the amendment …

December 29, 2020: What Democrats Can Learn From Trump's Narrow Loss, Bruce Ledewitz

Hallowed Secularism

Blog post, “What Democrats Can Learn From Trump's Narrow Loss“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

What Can Democrats Learn From Trump’S 2020 Performance?, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.

Popular Sovereignty And The Doctrine Of Plenary State Legislative Power, Nina Neff

William & Mary Law Review Online

Unlike the federal legislature, state legislatures possess plenary power, except insofar as they are limited by state constitutions. Though state plenary power is rooted in the legal authority of popular sovereignty, the doctrine of plenary state legislative power dulls democratic power by eliminating a potential right to local self-governance and by inducing courts to underenforce constitutional limits on state legislatures. These trends do not square with our democratic intuitions or with our desire to have a sense of efficacy, energy, and power in our own ability to influence the laws of our communities. This Article suggests that the doctrine of …

December 25, 2020: Merry Christmas To All, Bruce Ledewitz

Hallowed Secularism

Blog post, “Merry Christmas to All“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Parental Responsibility Of Children Crime In Indonesian Criminal Adat Law, Ahmad Irzal Fardiansyah, Sigid Suseno, Mien Rukmini, Lies Sulistiani

Jurnal Hukum & Pembangunan

Children who are in conflict with the law cannot be separated from the responsibilities of parents as the first party in the childs environment. The relationship between parents and children is a harmonized relationship from a strong emotional connection on the basis of blood relations. This situation makes parents unable to release and be released responsibility for their childrens behavior. When children are faced with the law, policies to take over the responsibility of supervising children from parents, by denying that parents actually have the opportunity to deal with the problems of children who are dealing with the law are …

Delik Politik Dalam Hukum Pidana Indonesia, David Hardiago

Jurnal Hukum & Pembangunan

According to Indonesian penal law, an act is considered to be a criminal act based on the principle of legality. Problem arise when political crime is associated with the principle of legality, that said problem is related to the definition of political crime that is not stipulated in any of statutory provisions and/or regulations in Indonesia. This legal research aims to answer two legal problems raised by the Author, those are: Firstly, to determine the parameter of political crime in Indonesia. Secondly, to elaborate on the projection on how political crime should be stipulated in the future. The research in …

Problematika Pengaturan Mengenai Bentuk Badan Usaha Jasa Penunjang Tenaga Listrik Di Indonesia, Vioxcy Ananta Putra, Eny Sulistyowati, Muh Ali Masnun

Jurnal Hukum & Pembangunan

Legal development electricity growing rapidly as evidenced by the amount of law and regulations produced by both legislative and executive that govern all aspects about electricity that resulting in regulatory inflation in electricity law. The consequences of regulatory inflation in electricity law is the potential for legal unsynchronization between law and regulations in electricity sector. One of the potential for legal unsynchronization in the electricity sector is the regulation regarding the scope and form of business entities supporting electricity power in Law of the Republic of Indonesia Number 30 of 2009 on Electricity, Regulation of the Goverment of the Republic …

Karakteristik Pertanggungjawaban Kepala Daerah Dalam Penyelenggaraan Pemerintahan Daerah Menurut Sistem Pemerintahan Presidensial, Bachrul Amiq

Jurnal Hukum & Pembangunan

Since the beginning of the formation of the constitution for an independent Indonesia by the founders of the state, the state government system adopted is a presidential system. After the amendment to the 1945 Constitution, the perpetrators of the changes, namely the Peoples Consultative Assembly (MPR) wanted to emphasize that the 1945 Constitution of the Republic of Indonesia adhered to a pure presidential system by upholding the supremacy of the constitution, so that the executive as government administrator was responsible to the constitution. This must be in line with the implementation of local government. However, it is not explained what …

Sistem Manajemen Mutu Pltn Dari Perspektif Regulasi Di Indonesia Dan Standar Yang Berlaku, Fery Putrawan Cusmanri

Jurnal Hukum & Pembangunan

Investment in the construction of nuclear power plants is an interesting investment. This is indicated by the emergence of investment plans for the construction of nuclear power plants in Indonesia. Communities and industries that make electricity a primary need will certainly welcome the potential energy offered by nuclear power plants. However, on the other hand the quality of NPP energy services must of course be maximized. This paper was made to provide a brief description of the management system requirements that need to be met by the NPP permit applicant along with additional best practices from the ISO 9001: 2015 …

Status Kepemilikan Dan Pemanfaatan Tanah Grondkaart Di Stasiun Depok Baru, Lenteng Agung, Dan Tanjung Barat, Sulistiowati Sulistiowati, Nurhasan Ismail, Taufiq El Rahman

Jurnal Hukum & Pembangunan

The disputes over land ownership and utilization of Grondkaart for Railway activities between the government and PT KAI should not have occurred due to both having the same vested interest for the state. However, the reality shown that land ownership dan agreement status on land use with the third party. Through the qualitative analysis, the research findings: First, land originating from Grondkaart at the location still belongs to the goverment due to the land still holding the status of the right to use or Hak Pakai during the course of the time the land used by the Government and the …

Bisnis Dan Hak Asasi Manusia Di Indonesia: Membangun Konteks Dengan Lensa Pencegahan Kekejaman Massal, Harison Citrawan

Jurnal Hukum & Pembangunan

Some efforts to contextualize the United Nations Guiding Principles on Business and Human Rights in Indonesia have been dominated by normative compliance review on the existing national regulations to the norms enshrined under the Principles. This article shall be divided into three parts, commencing from a brief socio-historical description on the landscape of law and development in Indonesia; along with how law and human rights adapted towards the relation between state and corporation since the colonial era. The analysis shall proceed to the types of human rights violation as a result of corporations activities, specifically in natural resource extraction sector. …

Upah Proses Dalam Pemutusan Hubungan Kerja, Fitriana Gunadi

Jurnal Hukum & Pembangunan

Wages is one of the elements in the employment relationship between an employer and a worker/employee based on the employment agreement. In accordance with the fundamental principle that is basically applicable to every workers/employees, wages will not be paid by employers if the workers/employees do not perform work (no work no pay). However in its development, there is an issue in the application of such principle since the ruling of the Decision of the Constitutional Court of Republic of Indonesia, which obliges employers to pay the wages to workers/employees who do not work because they are in the process of …

Pemberlakuan Sistem Satu Orang Satu Suara (One Man One Vote) Dalam Pemilihan Pengurus Dan Pengawas Perhimpunan Pemilik Dan Penghuni Satuan Rumah Susun, Jerry Stevenson, Mella Ismelina F. R.

Jurnal Hukum & Pembangunan

Article 19 Regulation of the Minister of Public Works and Public Housing Number 23 / PRT / M / 2018 concerning the Association of Owners and Occupants of Apartment Units enforces the election of Management and Supervisors of the Association of Apartment Owners and Residents of Apartment Units only by the most votes (without prioritizing deliberation) and with one person one vote system, and with conditions that only the Owner can fulfill. Thus it can be agreed that the election of Management and Supervisors of the Association of Owners and Occupants of Apartment Units is a voting right. The purpose …

Perizinan Terhadap Adaptasi Bangunan Warisan Budaya Tjan Bian Thiong Di Kota Yogyakarta, M. G. Endang Sumiarni, Y. Sri Pudyatmoko, Yustina Niken Sharaningtyas

Jurnal Hukum & Pembangunan

This study aims to find out and examine licensing for the adaptation of the Bian Thiong Tjan Cultural Heritage Building in the city of Yogyakarta as well as to assess the background of permits granted even though the adaptation of buildings is contrary to the basic principles of preservation of Cultural Heritage Buildings. The results of the study were permits for the adaptation of the Bian Thiong Tjan Cultural Heritage Building in the city of Yogyakarta, not a permit to adapt but to apply for a building permit to establish a new building in the form of a hotel.

Interpretasi Konstitusi Dalam Pengujian Konstitusionalitas Untuk Mewujudkan The Living Constitution, Fakhris Lutfianto Hapsoro, Ismail Ismail

Jurnal Hukum & Pembangunan

The constitutional authority granted to the Constitutional Court by Article 24C paragraph (1) in the third amendment to the 1945 Constitution in the test of constitutional law against the constitution provides automatically over authority in giving the interpretation of the 1945 Constitution to the Constitutional Court. Associated with the interpretation of the constitution, then a constitution is not only considered to be a documented constitution but can be transformed into the living constitution. In practice in Indonesia, it can be found the decisions of the Constitutional Court who use constitutional interpretation to assess the constitutionality of a norm as in …

Perlindungan Data Pribadi Penerima Pinjaman Dalam Transaksi Pinjam Meminjam Uang Berbasis Teknologi Informasi (Peer To Peer Lending), Hendrawan Agusta

Jurnal Hukum & Pembangunan

The development of information technology is very rapid, the collaboration between information technology and various fields of life bring in to various kinds of innovations that make peoples lives easier. Innovations in information technology bring in to new business models which in turn can produce efficiency for the community. The information technology revolution continues to grow and now entering the financial sector which is highly regulated. Collaboration between information technology and finance bring in to Financial Technology (Fintech), which is information technology-based money-lending (Peer to Peer Lending/P2P Lending). It is easier for people to access their financial needs through P2P …

Peran Pemerintah Dalam Menginventarisasi Ekspresi Budaya Tradisional Indonesia, Andhika Putra Herzani

Jurnal Hukum & Pembangunan

The development of an increasingly advanced era, the expression of traditional culture (EBT) is vulnerable to exploitation by other parties due to the lack of awareness of the importance of the assets of intellectual works and is not well documented or documented EBT. Inventory is one of the Defensive Protection steps, a step taken by building an accurate database and inventory, registration or recording that must be played by the State. Preventive protection needs to be recorded or an inventory of Indonesias traditional culture to prevent cases of cultural claim by other countries which would certainly harm the Indonesian nation …

Pemanfaatan Teknologi Cloud Computing Dalam Reformasi Birokrasi Guna Mewujudkan Kejaksaan Yang Profesional, Komunikatif Dan Akuntabel, Rudi Pradisetia Sudirdja

Jurnal Hukum & Pembangunan

Cloud computing is so populer and it has become a hot word in the tech world, especially in the era of industrial revolution 4.0 which requires speed, accuracy and precision in the business process. Cloud computing is a combination of the use of computer technology (computing) and Internet-based development (cloud), resulting in a model of processing activities, storage, software and other services provided as an integrated virtual source on an internet network. This paper examines the use of cloud computing in the implementation of bureaucratic reforms, improving the quality of prosecutors professionalism, and providing communicative and accountable public prosecutors. The …

The Transparency Principle In Regional Development Banks To Implement Good Corporate Governance: A Case Study On Pt Bank Pembangunan Daerah Jawa Timur Tbk, Citranella Ramadhani Yuwana, Yetty Komalasari Dewi

Jurnal Hukum & Pembangunan

This paper discusses the obligation of Regional Development Bank (RDB) as a Regionally-Owned Enterprises (ROE) to implement Good Corporate Governance (GCG). In particular, this paper analyzes the forms of transparency principle in RDB, specifically in PT Bank Pembangunan Daerah Jawa Timur Tbk (Bank Jatim) according to existing regulations. By using legal normative method, this paper concludes that the forms of transparency principle on RDB is divided into three parts, namely preparing reports, publishing them, and ensuring that they are publicly accessible. There are at least 8 (eight) forms of transparency principle implementation, namely monthly publication report, quarterly publication report, annual …

Rekonstruksi Sistem Peradilan Pidana Korupsi Dalam Rangka Menunjang Pembangunan Nasional, Maroni Maroni, Rini Fathonah, Nenny Dwi Ariani, Mashuril Anwar

Jurnal Hukum & Pembangunan

The extent of the working area of the Regional District Court is equal to the provincial administration area consisting of Regency/city, while its position is in the provincial capital. This condition raises the legal gap in the eradication of corruption crimes, because on the one hand so the extent of the working area of the Court of Tipikor, causing many things corruption to be held, on the side will also require a large cost and a lot of judges power, and ideally will take a long time in the process of examination of a case. The study used qualitative research …

The Jones Trespass Doctrine And The Need For A Reasonable Solution To Unreasonable Protection, Geoffrey Corn

Arkansas Law Review

Each day that Houston drivers exit from Interstate 45 to drive to downtown Houston, they pass an odd sight. Nestled within some bushes is an encampment of tents. This encampment is very clearly located on public property adjacent to the interstate highway, and equally clearly populated by homeless individuals. While local police ostensibly tolerate this presence, at least temporarily, the sight frequently evokes an image in my mind of a police search of those tents. This thought is especially prominent on the days I am driving to my law school, South Texas College of Law Houston, to teach my federal …

Strategic Lawsuits Against Public Participation In The Age Of Online Speech: The Relevance Of Anti-Slapp And Anti-Cyberslapp Legislation, Lauren Merk

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.

The Impact Of Cultural Heritage On Japanese Towns And Villages, Yuichiro Tsuji Dr.

Seattle Journal of Technology, Environmental & Innovation Law

In 1954, when historically significant clays and clay pots were found in the Iba district of Shizuoka prefecture, the city applied to the prefectural education committee for a historic site designation. The committee granted this designation to the city..

However, in 1973 the education committee lifted its permission to promote development around the location. Historians have sought revocation of this decision under the Administrative Case Litigation Act (ACLA), but the Supreme Court has denied standing. By denying standing, the Japanese Supreme Court allows the prefecture to destroy a historical site.

First, this paper seeks to discuss the doctrine of standing …