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Full-Text Articles in Law

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 However, the Barry Court’s reasons for adjusting the nondelegation doctrine were based on an outdated understanding of the Legislature, especially its regular session schedule.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 ...


Sacrificing The Public's Health: Conspiracies And Trust In The Scientific Enterprise, Katherine Drabiak Aug 2022

Sacrificing The Public's Health: Conspiracies And Trust In The Scientific Enterprise, Katherine Drabiak

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


An International Law Perspective On Political Informational Warfare: The Challenges Of Combating The Weaponized Use Of Conspiracy Theories And Disinformation To Undermined Democracy, Kimberly Breedon Aug 2022

An International Law Perspective On Political Informational Warfare: The Challenges Of Combating The Weaponized Use Of Conspiracy Theories And Disinformation To Undermined Democracy, Kimberly Breedon

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


The Psychology Of Conspiracy Theories, Daniel Jolley Aug 2022

The Psychology Of Conspiracy Theories, Daniel Jolley

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


The Gödel Conspiracy, F.E. Guerra-Pujol Aug 2022

The Gödel Conspiracy, F.E. Guerra-Pujol

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


Donald Trump And The End Times: How Dispensational Premillennialism Connects Christians With The Big Election Lie, David W. Opderbeck Aug 2022

Donald Trump And The End Times: How Dispensational Premillennialism Connects Christians With The Big Election Lie, David W. Opderbeck

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


The Un-Reality Of Democratic Order: An Alternative, Nick Sciullo Aug 2022

The Un-Reality Of Democratic Order: An Alternative, Nick Sciullo

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


Conspiracy Theories And The U.S. President's Exercise Of Free Speech On Social Media: Constitutional Issues And Challenges, Cynthia Boyer Aug 2022

Conspiracy Theories And The U.S. President's Exercise Of Free Speech On Social Media: Constitutional Issues And Challenges, Cynthia Boyer

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


Capital Offense: Is Donald Trump Guilty Of Inciting A Riot At The Capital?, Michael Conklin Aug 2022

Capital Offense: Is Donald Trump Guilty Of Inciting A Riot At The Capital?, Michael Conklin

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


Conspiracy In The New Republic: Peter Porcupine And The Lessons From Revolutionary France, Patrick Callaway Aug 2022

Conspiracy In The New Republic: Peter Porcupine And The Lessons From Revolutionary France, Patrick Callaway

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


"Purifying Politics": Illinois Know Nothings An The Perplexities Of The Paranoid Style, Ian Iverson Aug 2022

"Purifying Politics": Illinois Know Nothings An The Perplexities Of The Paranoid Style, Ian Iverson

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


Conspiracies And American Democracy: What's Old? What's New? And What's Dangerous?, James Morone Aug 2022

Conspiracies And American Democracy: What's Old? What's New? And What's Dangerous?, James Morone

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


Alternate Realities: Conspiracy Theory And The Constitutional And Democratic Order, Dr. Charles J. Reid, Jr. Aug 2022

Alternate Realities: Conspiracy Theory And The Constitutional And Democratic Order, Dr. Charles J. Reid, Jr.

University of St. Thomas Journal of Law and Public Policy

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.


Eviction Courts, Kathryn A. Sabbeth Aug 2022

Eviction Courts, Kathryn A. Sabbeth

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.


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 ...


Pandemic Governance, Yanbai Andrea Wang, Justin Weinstein-Tull Jun 2022

Pandemic Governance, Yanbai Andrea Wang, Justin Weinstein-Tull

Faculty Scholarship at Penn Carey Law

The COVID-19 pandemic created an unprecedented need for governance by a multiplicity of authorities. The nature of the pandemic—globally communicable, uncontrolled, and initially mysterious—required a coordinated response to a common problem. But the pandemic was superimposed atop our decentralized domestic and international governance structures, and the result was devastating: the United States has a death rate that is eighteenth highest in the world, and the pandemic has had dramatically unequal impacts across the country. COVID-19’s effects have been particularly destructive for communities of color, women, and intersectional populations.

This Article finds order in the chaos of the ...


The Apostrophic Impasse: Diacritical Remarks On The Stories Of International Law, Legal Decolonial Genealogy And Antony Anghie’S Historiography, Britt L.A.Q. (Haadiya) Hendrix Jun 2022

The Apostrophic Impasse: Diacritical Remarks On The Stories Of International Law, Legal Decolonial Genealogy And Antony Anghie’S Historiography, Britt L.A.Q. (Haadiya) Hendrix

Theses and Dissertations

The (hi)stories of international law have strengthened the tentacles of coloniality in the legal regime as they continue to taunt the precarious lifeworlds of people, our planet and social imaginaries of an otherwise. The flow of coloniality has similarly rematerialized in decolonial legal theories and the postcolonial historiographical accounts of international law. I intend to demonstrate this colonial revival in the groundbreaking text of Antony Anghie Imperialism, Sovereignty and the Creation of International Law (2005) which challenged the (hi)stories of traditional jurisprudence. The latter was not necessarily a rejection nor negation of Western thought, because I argue that ...


A (Partial And Principled) Defense Of Sentences Of Life Imprisonment, Mirko Bagaric, Jennifer Svilar Jun 2022

A (Partial And Principled) Defense Of Sentences Of Life Imprisonment, Mirko Bagaric, Jennifer Svilar

Cleveland State Law Review

There has been more than a five-fold increase in the number of life sentences in the United States over the past four decades. One in seven prisoners in the United States is serving a life (or virtual) life sentence. This amounts to over 200,000 prisoners. The increase has occurred against the backdrop of near universal condemnation by scholars and public policy advocates – many of whom are now advocating for the abolition of life sentences. Arguments that life sentences are not an effective deterrent or means of protecting the community have some merit. Yet, we argue that in a limited ...


The Committee Of Style And The Federalist Constitution, David S. Schwartz Jun 2022

The Committee Of Style And The Federalist Constitution, David S. Schwartz

Buffalo Law Review

The conventional interpretation of the Constitution assumes that the Committee of Style, which created the final draft of the Constitution, lacked authority to engage with substance; therefore, any arguably substantive changes it purportedly made should be disregarded in favor of earlier draft language found in the records of the Constitutional Convention. This “Style doctrine” has been embraced by the Supreme Court and several leading constitutional scholars. This Article argues that the Style doctrine is historically unfounded and obscures the Constitution’s original meaning. The Committee of Style was not prohibited from proposing substantive changes. In any case, most of the ...


Babe In The Woods: Why The Federal Rules Of Evidence Should Adopt A New Hearsay Exception To Protect Children, Marlee Rowe Jun 2022

Babe In The Woods: Why The Federal Rules Of Evidence Should Adopt A New Hearsay Exception To Protect Children, Marlee Rowe

Arkansas Law Notes

Child abuse is a public health problem affecting millions of children across the United States. Many states have adopted hearsay exceptions to prevent child victims of abuse from being forced to testify in front of their abusers. However, not all states provide these protections, and the exceptions vary widely from state to state. Because many states draft their rules of evidence to accord with the Federal Rules of Evidence, Congress should enact a hearsay exception on the federal level to promote uniformity and to ensure child victims of abuse are protected from further traumatization, regardless of what state they live ...


Masthead & Table Of Contents Jun 2022

Masthead & Table Of Contents

Dalhousie Law Journal

No abstract provided.


A Mile Away, A World Apart: Life Expectancy Inequality In The United States, Scott A. Budow May 2022

A Mile Away, A World Apart: Life Expectancy Inequality In The United States, Scott A. Budow

DePaul Journal for Social Justice

No abstract provided.


No Justice, No Peace: The Need For A State Version Of § 1983 In Response To The Movement For Black Lives, Madison N. Heckel May 2022

No Justice, No Peace: The Need For A State Version Of § 1983 In Response To The Movement For Black Lives, Madison N. Heckel

DePaul Journal for Social Justice

No abstract provided.


Puerto Rico's Second-Class Statehood: The Impact Of Restricted Access To Federal Public Benefits Programs On Puerto Rico's Economic Recovery, Evette Ocasio May 2022

Puerto Rico's Second-Class Statehood: The Impact Of Restricted Access To Federal Public Benefits Programs On Puerto Rico's Economic Recovery, Evette Ocasio

DePaul Journal for Social Justice

No abstract provided.


Bostock, Backlash, And Beyond The Pale: Religious Retrenchment And The Future Of Lgbtq Antidiscrimination Advocacy In The Wake Of Title Vii Protection, Kyler J. Palmer May 2022

Bostock, Backlash, And Beyond The Pale: Religious Retrenchment And The Future Of Lgbtq Antidiscrimination Advocacy In The Wake Of Title Vii Protection, Kyler J. Palmer

DePaul Journal for Social Justice

No abstract provided.


Falling Through The Cracks: The American Indian Foster Care To Sexual Exploitation Pipeline And The Need For Expanded American Indian Community Services In Minnesota, Sadie Hart May 2022

Falling Through The Cracks: The American Indian Foster Care To Sexual Exploitation Pipeline And The Need For Expanded American Indian Community Services In Minnesota, Sadie Hart

DePaul Journal for Social Justice

No abstract provided.