Law Commons^™

Introduction: To Economic Justice

City University of New York Law Review

No abstract provided.

Book Review The Leiden Legacy: Concepts Of Law In Indonesia, M. Yahdi Salampessy

Indonesia Law Review

The Indonesian civil law system is often taken for granted, when it is actually a product of “institutional transplantation” and inherited from the Dutch Colonization. Long before the arrival of colonial powers in Indonesia several centuries ago, many local communities had operated within their self-regulating systems with multiple political entities. When colonization came to power, however, there was a massive shift from judge-made law to a centralized statute-based legal system imposed by the colonial order.

Theoretical Review On Indonesian Academic Legal Education In Conjunction With Asean Economic Community Era, Ariawan Gunadi

Indonesia Law Review

Indonesia will be welcoming the ASEAN Economic Community in 2015 as a multilateral agreement to create integrated regions such as: (a) a single market and production base, (b) a highly competitive economic region, (c) a region of equitable economic development, and (d) a region fully integrated into the global economy. These characteristics are interrelated and mutually reinforcing in a sense that overall development would not be complete without total completion of the previous sector. This article discusses the participation of Indonesia as part of ASEAN as a single market and production base, through free flow of services which targets higher …

Revealing Originality Of Song Works: An Analysis To The Copyright Law, Desrezka Gunti Larasati

Indonesia Law Review

The topic of this paper is to describe the defining criteria of originality of song works. The aspect of originality is important to make such work be protected by Copyright Law. In this research, the criteria to define originality are based on certain doctrines and/or theories of originality that may vary case by case. The use of such doctrines and/or theories are necessary, since the stipulations regarding originality in the Indonesian Copyright Act has not been considered suffice. With regard to the song works, the criteria of originality may be different from other works. Therefore, a comprehensive research on the …

Investigator Issue In Financial Service Crime In Indonesia, Wahyu Wiriadinata Mr.

Indonesia Law Review

The objective of this paper is to address a question of the effectiveness of Financial Service Authority (Otoritas Jasa Keuangan - OJK) investigators in eradicating financial service crimes in Indonesia. This question arises because in Law on Financial Service Authority there are OJK’s investigators with an investigatory authority on OJK crimes, including, banking, capital market, insurance, pension fund, financing institutions, and other financial service institution sectors. Meanwhile, there have been other investigators with an authority to investigate, namely, public prosecutor, police, and KPK (Indonesia’s corruption eradicating commission). The theoretical framework of this paper was grounded in the thoughts of Aristotle, …

Port Readiness In Facing Globalization: Indonesian Case Study, Melda Kamil Ariadno, Arie Afriansyah, Yetty Komalasari Dewi

Indonesia Law Review

International trade cannot be separated from the role of international shipping. More than 80% of goods transported through sea from a region to another, from one Country to another Country. Since the dawn of the voyage, port cannot be separated from the voyage itself. Adequate port will ensure a good international shipping. Increasing number of international shipping also means increasing volume of international trade. With a variety of factors such as geographical factor, natural resources, and population, Indonesia should be a key player in international trade by sea. However, the reality is still far from ideal, especially when compared with …

The Problems Of Expert Witness In Criminal Law, Rafiqa Qurrata A'Yun

Indonesia Law Review

The expert testimony is a potential problem in the future due to the impact of the advancement of science and technology. These progressions have an impact on the quality of the crime methods, thus it must be balanced with improving the quality and method of evidence evaluation that requires knowledge and expertise. This paper examines the place of expert witness to be considered as one of the evidence in criminal case investigation and criminal court. I argue that expert qualifications should be determined based on formal education, professional experiences, and the relevance of his expertise with the case. The Criminal …

Communal Land Rights Of Malay People In North Sumatera: Power, State And Deulayatisasi, Edy Ikhsan

Indonesia Law Review

This article aims to unravel a shift of control / ownership of communal land of the Malays of Deli in North Sumatra. The commonly well-known communal lands, before the arrival of the Dutch colonial, was still inherent with the authorities of villages and was evolutionarily taken over by the foreign planters through concessionary contracts, which were dully signed by the Sultanate of Deli and the said foreign planters. The Indonesian independence in 1945 and the period that went beyond had in fact not contributed any improvement of the situation and instead it had exacerbated social and legal relations between the …

Front Matter

City University of New York Law Review

No abstract provided.

No Access, No Choice: Foster Care Youth, Abortion, And State Removal Of Children, Kara Sheli Wallis

City University of New York Law Review

No abstract provided.

Elevating Substance Over Procedure: The Retroactivity Of Miller V. Alabama Under Teague V. Lane, Brandon Buskey, Daniel Korobkin

City University of New York Law Review

This Article proposes a unique framework establishing that the United States Supreme Court’s decision in Miller v. Alabama, which forbids states from automatically sentencing juveniles to life imprisonment without any meaningful opportunity for release, must apply retroactively to hundreds of juveniles whose convictions and life sentences were already final at the time of the decision. Such a framework is timely and critical. The lower state and federal courts are divided on the question, and the Supreme Court is likely to settle the issue within the next year. The Article reviews how, absent guidance from the Supreme Court, a host of …

Mfy Legal Services, Inc.'S Medical Legal Partnership With Bellevue Hospital Center: Providing Legal Care To Children With Psychiatric Disabilities, Aleah Gathings

City University of New York Law Review

No abstract provided.

A Founding Failure Of Enforcement: Freedmen, Day Laborers, And The Perils Of An Ineffectual State, Raja Raghunath

City University of New York Law Review

No abstract provided.

One Condo, One Vote: The New York Bid Act As A Threat To Equal Protection And Democratic Control, Brett Dolin

City University of New York Law Review

No abstract provided.

The Long Crisis: Economic Inequality In New York City, Fahd Ahmed, Tom Angotti, Jennifer Jones Austin, Shawn Blumberg, Robin Steinberg, Stephen Loffredo

City University of New York Law Review

City University of New York Law Review hosted this public panel discussion on November 12, 2014 at CUNY School of Law. CUNY Law Review would like to thank the co-sponsors of this event: Law Students for Reproductive Justice (LSRJ); Latin American Law Students Association (LALSA); Labor Coalition for Workers’ Rights and Economic Justice; National Lawyers Guild CUNY Law Chapter (NLG); Iraqi Refugee Assistance Project (IRAP); Student for Justice in Palestine (SJP) and CUNY Law Association of Students for Housing (CLASH).

Table Of Contents

Cultural Encounters, Conflicts, and Resolutions

No abstract provided.

Introduction

Cultural Encounters, Conflicts, and Resolutions

No abstract provided.

Latino Catholicism And Indigenous Heritage As A Subfield Of Latino Studies: A Critical Evaluation Of New Approaches, Elizabeth C. Martinez Ph.D.

Cultural Encounters, Conflicts, and Resolutions

Posed through critical theory on "third-space," and a brief history of Latin American Studies, this article pursues analysis of recent interdisciplinary scholarship in English, to delineate the emergence of a new subfield in Latina/o Catholicism, connected to greater understanding of Indigenous legacy. The article also demonstrates the path of study toward creation of a themed academic issue.

The Representations Of Arab-Muslims Through The Language Lens, Abed El-Rahman Tayyara

Cultural Encounters, Conflicts, and Resolutions

The article examines the use of Arabic as a sociolinguistic marker in American films that were released around the time of the events of 9/11/01 and investigates the extent to which stereotypical factors have been continuing in the same vein as in the past. Specifically, this study is a textual analysis of the application of Arabic in five recent films: Three Kings (dir. David O. Russell, 1999), Hidalgo (dir. Joe Johnston, 2004), Kingdom of Heaven (dir. Ridley Scott, 2005), Syriana (dir. Stephen Gaghan, 2005), and Body of Lies (dir. Ridley Scott, 2008). The article demonstrates that …

Religiosity In Constitutions And The Status Of Minority Rights, Brandy G. Robinson

Cultural Encounters, Conflicts, and Resolutions

Minority rights and religion have never been topics that are simultaneously considered. However, arguably, the two have relevance, especially when combined with the topic and theory of constitutionalism. Historically and traditionally, minorities have been granted certain rights and have been denied certain rights under various constitutions. These grants and denials relate to cultural differences and values, arguably relating to a culture’s understanding and interpretation of religion.

This article explores the relationship and status of minority rights as it relates to religiosity and constitutionalism. Essentially, there is a correlation between these topics and research shows where certain nations have used religion …

Immigrant Social-Economic Landscape Changes And Ethno-Racial Border Formation In Columbus, Ohio, David M. Walker Dr., Jack Schemenauer

Cultural Encounters, Conflicts, and Resolutions

In this study we analyze new immigrant gateways in the U.S. and the role African and Latino immigrants play in reinventing urban spaces while culturally and economically regenerating neighborhoods juxtaposed to orthodox city planning practices. Through this research we aim to further understand how urban space is produced at divergent scales in the era of heightened globalization. Through this understanding we analyze how the contestation over how urban space is used and consumed leads to distinctive forms in the production of urban space and the subsequent unintended formation of newly perceived cultural borders, often based upon race and ethnicity. Through …

Appellate Division, First Department, People V. Celaj, Danielle Dupré

Touro Law Review

No abstract provided.

Apellate Division, Third Department, People V. Kelley, Elyssa Lane

Touro Law Review

No abstract provided.

Court Of Appeals Of New York, People V. Mundo, Avinoam Cohen

Touro Law Review

No abstract provided.

Court Of Appeals Of New York, People V. Johnson, Denise Shanley

Touro Law Review

No abstract provided.

Court Of Appeals Of New York, People V. Cahill, Annette Thompson

Touro Law Review

No abstract provided.

Court Of Appeals Of New York, Watson V. State Commission On Judicial Conduct, Denise Shanley

Touro Law Review

No abstract provided.

Appellate Division, Third Department, People V. Colon, Jocelin Los

Touro Law Review

No abstract provided.

County Court, Rockland County, People V. Clark, Lauren Tan

Touro Law Review

No abstract provided.

Court Of Appeals Of New York, People V. Rose, Susan Persaud

Touro Law Review

No abstract provided.