Open Access. Powered by Scholars. Published by Universities.®

Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

PDF

2020

Discipline
Institution
Keyword
Publication
Publication Type

Articles 181 - 210 of 12072

Full-Text Articles in Law

Montana Water Rights Protection Act, United States 116th Congress Dec 2020

Montana Water Rights Protection Act, United States 116th Congress

Native American Water Rights Settlement Project

The purposes of this Act are: (1) to achieve a fair, equitable, and final settlement of claims to water rights in the State of Montana, and in recognition of article I, and section 3 of article IX, of the Montana State Constitution for (A) the Confederated Salish and Kootenai Tribes of the Flathead Indian Reservation; and (B) the United States, for the benefit of the Tribes and allottees; (2) to authorize, ratify, and confirm the water rights compact entered into by the Tribes and the State, to the extent that the Compact is consistent with this Act; (3) to authorize …

Go to article

Navajo-Utah Water Rights Settlement Act, United States 116th Congress Dec 2020

Navajo-Utah Water Rights Settlement Act, United States 116th Congress

Native American Water Rights Settlement Project

The purposes of this section are: (1) to achieve a fair, equitable, and final settlement of all claims to water rights in the State of Utah for (A) the Navajo Nation and (B) the United States, for the benefit of the Nation; (2) to authorize, ratify, and confirm the agreement entered into by the Nation and the State, to the extent that the agreement is consistent with this section; (3) to authorize and direct the Secretary (A) to execute the agreement and (B) to take any actions necessary to carry out the agreement in accordance with this section; and (4) …

Go to article

Aamodt Litigation Settlement Completion, United States 116th Congress Dec 2020

Aamodt Litigation Settlement Completion, United States 116th Congress

Native American Water Rights Settlement Project

Amends the Aamodt Litigation Settlement Act (Pub. L. 11-291) to increase funding for Pueblo Water Facilities from $106.4 million to $243.4 million and making available $137 million for Regional Water System funding.

Go to article

Human-Machine Teaming And Its Legal And Ethical Implications, Jim Q. Chen, Thomas Wingfield Dec 2020

Human-Machine Teaming And Its Legal And Ethical Implications, Jim Q. Chen, Thomas Wingfield

Military Cyber Affairs

Humans rely on machines in accomplishing missions while machines need humans to make them more intelligent and more powerful. Neither side can go without the other, especially in complex environments when autonomous mode is initiated. Things are becoming more complicated when law and ethical principles should be applied in these complex environments. One of the solutions is human-machine teaming, as it takes advantage of both the best humans can offer and the best that machines can provide. This article intends to explore ways of implementing law and ethical principles in artificial intelligence (AI) systems using human-machine teaming. It examines the …

Go to article

When Vertical Is Horizontal: How Vertical Mergers Lead To Increases In “Effective Concentration”, Serge Moresi, Steven C. Salop Dec 2020

When Vertical Is Horizontal: How Vertical Mergers Lead To Increases In “Effective Concentration”, Serge Moresi, Steven C. Salop

Georgetown Law Faculty Publications and Other Works

This article explains the inherent loss of an indirect competitor and reduction in competition when a vertical merger raises input foreclosure concerns. We then calculate a measure of the effective increase in the HHI measure of concentration for the downstream market, and we refer to this “proxy” measure as the “dHHI.” We derive the dHHI measure by comparing the pricing incentives and associated upward pricing pressure (“UPP”) involved in two alternative types of acquisitions: (i) vertical mergers that raise unilateral input foreclosure concerns (and the associated vertical GUPPI measures), and (ii) horizontal acquisitions of partial ownership interests among …

Go to article

Crisis Standards Of Care And State Liability Shields, Valerie Gutmann Koch Dec 2020

Crisis Standards Of Care And State Liability Shields, Valerie Gutmann Koch

San Diego Law Review

The COVID-19 pandemic has overwhelmed many U.S. systems—including the already-strained medical system—intended to protect and care for its citizens. In the United States, New York became the first epicenter of the pandemic, accounting for approximately five percent of global COVID-19 cases by March 2020. Hospitals, health care providers, and policymakers soon recognized that, in New York and beyond, they faced a bleak reality that—if the spread of the virus could not be controlled—there would soon not be enough ventilators for all patients who needed them, despite hospitals practicing “surge capacity” to reduce the need for ventilators by canceling or postponing …

Go to article

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

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.

Go to article

The Long Shadow Of Jacobson V. Massachusetts: Public Health, Fundamental Rights, And The Courts, Daniel Farber Dec 2020

The Long Shadow Of Jacobson V. Massachusetts: Public Health, Fundamental Rights, And The Courts, Daniel Farber

San Diego Law Review

The COVID-19 pandemic struck the United States in early 2020. The coronavirus prompted public health mandates without precedent for at least a century. Some states almost entirely locked down. These measures inevitably impinged on activities that the Constitution would normally protect. In confronting these cases, many courts have turned to a 1905 Supreme Court case decision, Jacobson v. Massachusetts, often considered the leading case in public health law. There is little agreement, however, about how that decision fits into the current framework of constitutional law. As a result, courts have differed widely in the degree of deference they give …

Go to article

More Than A Mask: Stay-At-Home Orders And Religious Freedom, Dorit Rubinstein Reiss, Madeline Thomas Dec 2020

More Than A Mask: Stay-At-Home Orders And Religious Freedom, Dorit Rubinstein Reiss, Madeline Thomas

San Diego Law Review

COVID-19 has changed our legal universe. Many states are responding by issuing stay-at-home orders, and as cases rise, may have to prohibit gatherings again. One issue states and courts have to grapple with is the relationship between stay-at-home orders and religion. Stay-at-home orders that require closing down churches may be challenged as violating the First Amendment’s guarantee of religious freedom. Under our current jurisprudence, these cases may be handled under a highly deferential standard or under strict scrutiny—depending on the specific order in question, as well as on whether the state has a Religious Freedom Restoration Act (RFRA). We recommend, …

Go to article

Speaking Truth To Power And Power Speaking Truth: Accurate And Reliable Information In A Pandemic, Leslie E. Gerwin Dec 2020

Speaking Truth To Power And Power Speaking Truth: Accurate And Reliable Information In A Pandemic, Leslie E. Gerwin

San Diego Law Review

In this Article, I offer some preliminary ideas for how we might engage in a collective project to enable our government to improve its capacity to help us understand and respond to a future existential health threat. I first deconstruct the government informing process to analyze the points of information contestation based upon the realities we are experiencing. I then outline a project to create a space in which respected experts mediate knowledge claims and moderate contested opinions regarding the human risk of, and government response to, a public health threat. This idea embraces the ambitious goal of educating and …

Go to article

The Covid Cases: A Preliminary Assessment Of Judicial Review Of Public Health Powers During A Partisan And Polarized Pandemic, Wendy E. Parmet Dec 2020

The Covid Cases: A Preliminary Assessment Of Judicial Review Of Public Health Powers During A Partisan And Polarized Pandemic, Wendy E. Parmet

San Diego Law Review

In response to the very real possibility that there will be insufficient resources to properly respond to the COVID-19 pandemic, states have been developing crisis standard of care plans, which may authorize the prioritization of patients for scarce resources based on changing circumstances and increased demands. Due to the dearth of necessary resources and trained professionals during a public health emergency, the standard of care that clinicians may be able to provide during the COVID-19 pandemic may, by necessity, depart significantly from standard nonemergency medical practice. Adhering to crisis standards of care may expose health care providers and entities to …

Go to article

We Are All Gig Workers Now: Online Platforms, Freelancers & The Battles Over Employment Status & Rights During The Covid-19 Pandemic, Orly Lobel Dec 2020

We Are All Gig Workers Now: Online Platforms, Freelancers & The Battles Over Employment Status & Rights During The Covid-19 Pandemic, Orly Lobel

San Diego Law Review

Since the early days of the Coronavirus pandemic, unemployment rates leapt to the highest they have been since 1975. Congress passed the Coronavirus Aid, Relief, and Economic Security (CARES) Act in March 2020, a $2 trillion relief package, offering augmented unemployment relief not only to employees but also to the self-employed, including gig workers. The Families First Coronavirus Response Act (FFCRA) was passed to provide sick leave in the form of tax credits that also extended to the self-employed. Beyond the governmental responses, platform companies offered new limited relief to their workers in the form of sick leave, even as …

Go to article

Deported Veterans: The Unintended Consequences Of “Good Moral Character”, Jonathan Deras Dec 2020

Deported Veterans: The Unintended Consequences Of “Good Moral Character”, Jonathan Deras

Master's Theses

The purpose of this research is to argue that U.S. immigration policy, specifically the 1996 IIRIRA (also known as IIRAIRA), needs to change regarding the legal treatment of immigrant U.S. military veteran deportees due to the following concepts. The first concept is to articulate how the criminalization of immigration, and how the military system intersects to facilitate the Deportation of U.S veterans. A key concept in this analysis is the standard of “good moral character” set by the U.S. government that enlistees need to meet to be accepted into the military; this standard is also used against immigrant veterans during …

Go to article

Covid-19 And Preventing Harm To Vulnerable Children, Jessica K. Heldman, Margaret A. Dalton, Robert C. Fellmeth Dec 2020

Covid-19 And Preventing Harm To Vulnerable Children, Jessica K. Heldman, Margaret A. Dalton, Robert C. Fellmeth

San Diego Law Review

Although COVID-19 mercifully seems to affect children less severely than adults, children are far from immune from the impacts of the virus. Public health orders closing schools and businesses, cancelling events, and keeping children at home have been disruptive and distressing to many children and families. But for children who rely on government entities for protection, care, custody, and services, the effects of the public health orders can be devastating. COVID-19 and the response to it has serious implications for the safety, well-being, and development of these vulnerable children—those within the child welfare, juvenile justice, and special education systems. All …

Go to article

Prisons And Pandemics, Camila Strassle, Benjamin E. Berkman Dec 2020

Prisons And Pandemics, Camila Strassle, Benjamin E. Berkman

San Diego Law Review

This Article focuses on how to balance public health, public safety, and incarcerated people’s legal rights when implementing a program for early release from confinement. Ethical, epidemiological, and legal arguments all point to a need for an immediate reduction in the incarcerated population. However, this leaves open several points of reasonable disagreement about how to manage early release. These include how to set priorities for processing and releasing individuals across the country. For example, officials could prioritize screening individuals who are housed in facilities that have been hit hard by infection; or by screening individuals who have a safe place …

Go to article

V.57-4, 2020 Masthead Dec 2020

V.57-4, 2020 Masthead

San Diego Law Review

No abstract provided.

Go to article

Parental Responsibility Of Children Crime In Indonesian Criminal Adat Law, Ahmad Irzal Fardiansyah, Sigid Suseno, Mien Rukmini, Lies Sulistiani Dec 2020

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 …

Go to article

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. Dec 2020

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 …

Go to article

Interpretasi Konstitusi Dalam Pengujian Konstitusionalitas Untuk Mewujudkan The Living Constitution, Fakhris Lutfianto Hapsoro, Ismail Ismail Dec 2020

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 …

Go to article

Sistem Manajemen Mutu Pltn Dari Perspektif Regulasi Di Indonesia Dan Standar Yang Berlaku, Fery Putrawan Cusmanri Dec 2020

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 …

Go to article

Perizinan Terhadap Adaptasi Bangunan Warisan Budaya Tjan Bian Thiong Di Kota Yogyakarta, M. G. Endang Sumiarni, Y. Sri Pudyatmoko, Yustina Niken Sharaningtyas Dec 2020

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.

Go to article

Delik Politik Dalam Hukum Pidana Indonesia, David Hardiago Dec 2020

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 …

Go to article

Peran Pemerintah Dalam Menginventarisasi Ekspresi Budaya Tradisional Indonesia, Andhika Putra Herzani Dec 2020

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 …

Go to article

Problematika Pengaturan Mengenai Bentuk Badan Usaha Jasa Penunjang Tenaga Listrik Di Indonesia, Vioxcy Ananta Putra, Eny Sulistyowati, Muh Ali Masnun Dec 2020

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 …

Go to article

Perlindungan Data Pribadi Penerima Pinjaman Dalam Transaksi Pinjam Meminjam Uang Berbasis Teknologi Informasi (Peer To Peer Lending), Hendrawan Agusta Dec 2020

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 …

Go to article

Pemanfaatan Teknologi Cloud Computing Dalam Reformasi Birokrasi Guna Mewujudkan Kejaksaan Yang Profesional, Komunikatif Dan Akuntabel, Rudi Pradisetia Sudirdja Dec 2020

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 …

Go to article

Upah Proses Dalam Pemutusan Hubungan Kerja, Fitriana Gunadi Dec 2020

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 …

Go to article

Bisnis Dan Hak Asasi Manusia Di Indonesia: Membangun Konteks Dengan Lensa Pencegahan Kekejaman Massal, Harison Citrawan Dec 2020

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. …

Go to article

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 Dec 2020

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 …

Go to article

Rekonstruksi Sistem Peradilan Pidana Korupsi Dalam Rangka Menunjang Pembangunan Nasional, Maroni Maroni, Rini Fathonah, Nenny Dwi Ariani, Mashuril Anwar Dec 2020

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 …

Go to article

First Prev Next Last