Law Commons^™

Economic Costs And Rhetoric Of Resisting Diversity, Bill Petkanas

Proceedings of the New York State Communication Association

This paper examines the history of group exclusion in various occupations and the rhetoric used to support programs in diversity, equity, and inclusion. Examples include the Manhattan Project, the Discovery of the structure of DNA, and sports. Rhetorical possibilities are suggested based on the economic advantages of DEI.

Department Of Health Exerts Strong Control Over Cbct In Dental Offices: Regulations, Adopted Over Objection From Nysda, Take Effect Immediately., Lance Plunkett Jd, Llm

The New York State Dental Journal

On July 22, the New York State Department of Health finally adopted an entire set of new regulations covering all aspects of ionizing radiation. Contained in Article 16 of Title 10 of the Official Compilation of Codes, Rules and Regulations of the State of New York (10 NYCRR), the new regulations repealed and replaced the old Article 16. It is important to note that the new regulations are in effect only in counties outside of New York City. Dentists in New York City should still rely on guidance from the city Department of Mental Health and Hygiene. The regulations contain …

Status Quo Bias Dalam Reformasi Hukum Acara Pidana Di Indonesia: Kegagalan Penguatan Pengawasan Pengadilan (Judicial Scrutiny) Yang Lebih Optimal, Choky Risda Ramadhan, Abni Nur Aini, Dheliana Khairunisa

The Indonesian Journal of Socio-Legal Studies

Pretrial proceedings (Praperadilan), as a form of judicial scrutiny, function as a control mechanism over the actions of law enforcement officials to prevent abuses of power. This mechanism was introduced in the 1981 Criminal Procedure Code (Kitab Undang-Undang Hukum Acara Pidana, KUHAP) and re-regulated in the 2025 KUHAP. However, numerous studies and focus group discussion with legal scholars and law enforcement officers have documented structural weaknesses in Praperadilan, prompting calls to reform judicial scrutiny in order to more effectively limit law enforcement authority and protect the human rights of individuals involved in criminal proceedings. During the Reform era (2004–2025), proposals …

Comparative Legal Study On Corruption In The Construction Sector: Indonesia And China, Seng Hansen, Liang Qi

The Indonesian Journal of Socio-Legal Studies

This study aims to compare the legal approaches to corruption in the construction sector in Indonesia and China. The construction sector in both countries is often fertile ground for corruption, which harms the economy and creates social inequality. This study employs a comparative legal analysis method to examine regulations, policies, and the effectiveness of law enforcement in combating corruption within the construction sector in both countries. The primary focus of this study is a comparison of applicable anti-corruption laws and the roles of law enforcement agencies, such as the Corruption Eradication Commission (KPK) in Indonesia and the Central Commission for …

Beyond Regulatory Compliance: Reorienting Indonesia's Post-Mining Governance Through Ecological Justice, Suryaningsi Suryaningsi, Rosmini Rosmini, Andi Luthfi, Muhammad Sayyidus Cakrawala

Hasanuddin Law Review

Post-mining governance in coal-producing regions is often unable to translate regulatory compliance into actual ecological recovery, as evidenced by East Kalimantan's environmental challenges. Therefore, this study aimed to examine implementation gaps in Indonesia's legal framework for reclamation and propose legal reforms grounded in ecological justice. A socio-legal method was used to integrate normative analysis, semi-structured interviews with 12 multi-level stakeholders, and comparative assessments of Australia, South Africa, and India. The results identified four critical gaps, namely discrepancies between administrative compliance and ecological outcomes, inadequate financial assurance, uncertain land transfer, and fragmented institutional oversight. This study showed that regulatory compliance without …

Dentistry And The Law - Understanding ‘Rollover Equity’ When Selling Your Practice, Daniel Schulte Jd

The Journal of the Michigan Dental Association

Daniel J. Schulte, MDA Legal Counsel, addresses the legal and tax implications of 'rollover equity' when dentists sell their practices to private equity-backed buyers. The article outlines typical shareholder and buy-sell agreement restrictions, noting how equity is often subject to vesting and employment covenants. Schulte explains the critical importance of making an Internal Revenue Code Section 83(b) election within 30 days of closing. Failing to file this election results in taxation at high ordinary income rates as the stock vests, whereas a timely election accelerates tax payments but secures lower capital gains tax rates upon eventual sale.

Patient-Centered Imaging In Dentistry, Erika Benavides Dds, Phd, Fabiana Naomi Soki, James R. Geist Dds, Ms, Angela M. Hoikka, Dds, Ms

The Journal of the Michigan Dental Association

This clinical feature discusses joint guidelines by the ADA and AAOMR for patient-centered dental radiography and cone-beam computed tomography (CBCT), emphasizing individual risk-based needs rather than routine schedules. It covers the principles of radiation safety: justification, optimization (ALARA/ALADA), and dose limitation. The article maps out specific imaging modalities recommended for caries, periodontal disease, endodontics, orthodontics, implants, and TMJ disorders. Additionally, it summarizes Michigan's administrative rules for X-ray installation shielding, equipment alignment, stable mechanical support, operator positioning, and the mandatory radiography training program requirements for dental assistants.

The Nusantara Capital City (Ikn) Relocation: Autocratic Legalism And The Marginalization Of Local Communities, Imam Syafi'i, Dian Aulia

The Indonesian Journal of Socio-Legal Studies

The first phase (2022–2024) of the Nusantara Capital City (IKN) relocation prioritizes the construction of the city's physical infrastructure under the “Nusa Rimba Raya” concept. During this phase, the massive development of supporting infrastructure, including government buildings, official residences, toll roads, ports, and the VVIP airport, has driven increased demand for materials and land, impacting areas beyond the delineation of IKN. However, the power-driven approach in the capital relocation policy has led to socio-ecological injustices for indigenous and local communities by disregarding meaningful public participation and environmental sustainability. Land acquisition through the Land Bank (Bank Tanah), which prioritizes investment, along …

Medical Liability In The Age Of Ai-Driven Healthcare: Ethical Challenges And Legal Framework Recommendations, Rani Tiyas Budiyanti, Roro Isyawati Permata Ganggi, Penggalih Mahardika Herlambang

The Indonesian Journal of Socio-Legal Studies

The integration of artificial intelligence (AI) in healthcare is progressing rapidly and is applied to various aspects of medical practice, including diagnosis, treatment planning, and patient care. However, the integration of AI in healthcare raises complex legal and ethical issues, particularly regarding medical liability. The growing development of AI technology is blurring the concepts of responsibility and accountability in medical practice. Furthermore, with AI systems becoming increasingly autonomous in their decision-making processes, it becomes increasingly difficult to determine responsibility in cases of medical errors or actions that harm patients. In view of this situation this article argues that it is …

Mengadili Kepentingan Umum: Korporatisme Pengadilan Dalam Proyek Strategis Nasional (Psn), Agung Wardana, I Kadek Sudiarsana, Yogi Paramitha Dewi

The Indonesian Journal of Socio-Legal Studies

The implementation of National Strategic Projects (NSP) often leads to conflict. Projects that are claimed to be developments in the public interest are challenged by affected communities and civil society organisations in various ways, including through litigation. However, in the legal studies literature, studies on NSP issues tend to be analysed through a normative analysis focusing on development for the public interest. The article examines court decisions concerning NSP to understand how courts provide their deliberations of the cases, a perspective that enriches knowledge about NSP. This article shows how the corporatist relationship between the executive power and the judiciary, …

When Protection Becomes Predation: Militarized Masculinity And Sexual Violence In Northeastern Nigeria, Tosin Osasona

Dignity: A Journal of Analysis of Exploitation and Violence

The study investigates the structural and situational drivers of conflict-related sexual violence (CRSV) perpetrated by state security actors in the context of Nigeria’s counterinsurgency campaigns in Borno State. Drawing on militarized masculinity and strain and deprivation theories, and using a qualitative, interpretive research design, the study argues that CRSV is not an isolated or episodic form of deviance by individual soldiers and security personnel but is embedded in routine military–civilian interactions. Advancing an interactionist explanation of CRSV in Nigeria’s Islamist counterinsurgency operations, the study demonstrates that the likelihood of sexual violence increases through the interaction of gendered institutional norms, operational …

Reforming The Mississippi Criminal Code Part V: Justification, Judith J. Johnson

MC Law Review

No abstract provided.

Invoking The Protection Of Pupil Rights Amendment ("Ppra") To Safeguard Student Privacy Rights: My Three-Year Battle To Enforce The Ppra Against An Intractable New Jersey School District, Patricia Montana

MC Law Review

No abstract provided.

When Formalism Becomes Abdication: Howell, Hathorne, And The Limits Of Legislative Finality, Joe Hemleben

MC Law Review

No abstract provided.

Overruling Texas V. Johnson?, Natti Perelman

MC Law Review

No abstract provided.

Formalism, Finality, And The Judicial Role In Mississippi Post-Conviction Review, Joe Hemleben

MC Law Review

No abstract provided.

Religious Persecution In Communist Albania Through Constitutional And Legal Acts, Sadik Haxhiu, Besard Belegu, Artan Fejzullahu

Occasional Papers on Religion in Eastern Europe

Following the victory of the communist regime in 1944, the new Albanian state built its institutions on a materialist worldview that stood in direct opposition to the universal principles of freedom of conscience and religious belief. The state progressively restricted religious practice until it banned it altogether. This anti-religious campaign proceeded along two tracks: anti-religious political propaganda and the adoption of legal acts prohibiting the practice of religion. A 1967 decree-law banned religious belief outright, and the 1976 Constitution declared Albania the first atheist state in the world. This paper is based on an analysis of legal acts, scholarly literature, …

From Humanitarian Aid To “Counterrevolution”: Foreign Assistance To Pentecostals In Soviet Ukraine And Its Criminalization By The Gpu–Nkvd, 1932–1935, Oleksandr Korotaiev

Occasional Papers on Religion in Eastern Europe

The article examines foreign assistance to Pentecostal communities in the Ukrainian SSR and the mechanisms of its criminalization by Soviet state security agencies in 1932–1935. Drawing on GPU–NKVD criminal investigation files, secret police reports, party-state documentation, personal correspondence, and memoir sources, the study reconstructs transnational channels of humanitarian support, practices of resource distribution, and the transformation of survival strategies into objects of political repression.

Particular attention is devoted to two distinct models of foreign assistance. The Odessa case demonstrates a centralized system connected to the former leadership of the All-Ukrainian Union of Christians of Evangelical Faith and transnational Pentecostal networks …

The Normative Status Of States' Obligations To Mitigate The Climate Crisis: Implications For The Right To Adequate Housing, Erna Dyah Kusumawati, Sasmini Sasmini

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

The convergence of the global climate crisis, pursuant to the UNFCCC Paris Agreement and its implementing protocols as well as the fundamental right to housing has fundamentally disrupted established legal paradigms, necessitating a rigorous re-examination of the normative status of state obligations. This paper examines the scope of governmental responsibility to mitigate climate-induced threats to housing security. Drawing upon international human rights frameworks and contemporary legal discourse, the study interrogates the complex friction emerging at the intersection of environmental mandates and housing protections. Through a systematic analysis of the existing literature and recent developments in the international climate change framework, …

Territorial Representation In Fiscal Governance: A Comparative Constitutional Analysis Of Indonesia's Regional Representative Council And South Africa's National Council Of Provinces, Endah Yuniningsih, Deden Rafi Syafiq Rabbani

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

This article examines the institutional role of territorial chambers in fiscal governance through a comparative constitutional analysis of Indonesia's Regional Representative Council (DPD) and South Africa's National Council of Provinces (NCOP). While the DPD was established to strengthen regional representation following Indonesia's decentralization reforms, its legislative role in fiscal policymaking remains institutionally constrained. Existing scholarship has primarily focused on the DPD's constitutional status in debates on bicameralism, with comparatively little attention to how constitutional design shapes the role of territorial chambers in fiscal governance and intergovernmental fiscal relations. Using a normative legal research method that combines statutory, conceptual, and comparative …

Geoengineering And Criminal Liability Comparative Lessons For Penal Reform, Zico Junius Fernando, Deviana Yuanitasari, Chairul Huda, Muhammad Yamani, Arimbi Fajari Furqon

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

Geoengineering has emerged as a controversial climate technology involving large-scale interventions such as cloud seeding, weather modification, and unregulated carbon capture. While these practices are promoted as solutions to climate change, they also generate significant ecological risks that remain largely unaddressed within criminal law frameworks. This article examines the absence of explicit criminal liability for geoengineering-related harms and explores how comparative legal experiences can inform future penal reform. This research uses normative research methods with several approaches, including comparative, conceptual, and futuristic approaches. The collected legal materials are analysed qualitatively, and content analysis is employed to classify and interpret relevant …

The Expansive Power Of The House Of Representatives As A Precondition For Constitutional Rot, Isnawati Isnawati, Adam Setiawan

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

This study examines how the expansive powers of the Indonesian House of Representatives have contributed to constitutional rot because those powers no longer operate effectively or proportionately. It identifies dysfunction in the House of Representatives through weak legislative performance, inadequate oversight of the executive branch, and transactional political practices in appointment processes. Using a doctrinal legal method and contemporary constitutional theory as its analytical framework, this study argues that the expansive powers of the House of Representatives constitute a precondition for constitutional rot, evidenced by the poor exercise of legislative authority and institutional intervention through amendments to the Rules of …

Reconstructing Legal Certainty In Legacy Oil Well Management: A Systemic Model For Resource Governance, Azhar Azhar, Bagaskara Sagita Wijaya, Siti Darwinda Mohamed Pero, Cynthia Azhara Putri

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

Legacy oil wells present persistent legal and institutional challenges in resource-dependent regions, where ageing infrastructure, informal extraction, environmental risk, and fragmented public authority intersect. This article examines how legal certainty is weakened in the management of legacy oil wells and how it may be reconstructed through a systemic model for resource governance. Using interdisciplinary socio-legal research, the study combines doctrinal legal analysis of Indonesia's oil and gas regulatory framework with qualitative field insights from Musi Banyuasin, a subnational setting in which formally recognised legacy wells coexist with community-operated wells. The analysis shows that legal uncertainty does not arise merely from …

Bank Indonesia's Floating Rate Notes (Bi-Frn) And Federal Reserve Instruments: A Comparative Analysis From An Institutional-Legal Perspective, Abdul Madjid Podungge

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

This paper analyses the legal validity of Bank Indonesia's Floating Rate Notes (BI-FRN) following the Law Number 4 of 2023 on the Development and Strengthening of the Financial Sector (P2SK Law) from a public law viewpoint. Doctrinal legal research utilises statutory, conceptual, and comparative methodologies, augmented by literature network visualisation, to pinpoint structural deficiencies. The network analysis reveals a significant divide between technical financial transactions and administrative legal oversight. The findings indicate that Article 11 of the P2SK Law enforces a stringent priority clause that centres monetary policy solely on Rupiah stability. This legal barrier prohibits abuse of power by …

Two Paths Of Criminal Law Reform: From Shared Colonial Legacies To Divergent Legal Trajectories In Indonesia And Malaysia, Ade Adhari, Charisse Evania Tansir

Indonesia Law Review

Despite sharing colonial legacies in the development of their criminal law systems, Indonesia and Malaysia have pursued markedly different paths of criminal law reform, reflecting their distinct legal traditions and legislative philosophies. This article examines how these divergent reform trajectories are manifested through a comparative analysis of Indonesia's Law Number 1 of 2023 on the Criminal Code and Malaysia's Penal Code (Act 574). Focusing on three analytical dimensions—the principle of legality, criminal responsibility, and sentencing policy—the study adopts a normative legal research method supported by statutory, conceptual, and comparative approaches. Legal materials were collected through library-based research and analysed qualitatively …

The Eu’S Copyright Legislation For Generative Ai: Relevant To Indonesia?, Yolanda Simbolon

Indonesia Law Review

Tremendously copyrighted works are used to train Generative AI (Gen-AI) at the epicenter of current sectors. In many countries, there is a dilemma as to whether the amount of data used may infringe copyright. The EU is the one that has regulations on the use of copyrighted works as text and data mining (TDM) to train GenAI.  Meanwhile, Indonesia does not yet have a regulation, even though Gen-AI has been massively developed in Indonesia. Data has been used freely to train Gen-AI, even to modify works and damage the author’s reputation. This article investigates whether the EU’s copyright of Gen-AI …

From Contested Rights To Perceived Threats: The Securitization Of Lgbt And Its Human Rights Implications In Indonesia, Melkias Hetharia, Basir Rohrohmana

Indonesia Law Review

Debates on LGBT rights in Indonesia have largely centred on the legal recognition of same-sex relationships and their compatibility with religion, Pancasila, and the constitutional framework. Recent developments, however, require the discussion to move beyond the question of recognition. This article examines the evolving legal and policy treatment of LGBT persons in Indonesia, particularly following Presidential Regulation No. 111 of 2025, which identifies the “spread of LGBTQ culture” as a non-military threat. Using normative legal research and securitization theory, the article analyses Indonesian constitutional principles, marriage and human rights law, relevant Constitutional Court jurisprudence, defence policy, and documented experiences of …

Law Enforcement In Providing Protection For Revenge Porn Victims On Social Media, Augustha Kwanzaa Rich Samuel Simbolon, Muhammad Rivan Subarna

Jurnal Vokasi Indonesia

Revenge porn, which is the distribution of pornographic material without the victim's consent, is a serious and growing problem online. This practice is usually carried out by ex-partners in revenge, by distributing intimate images or videos of the victim to the internet. This research aims to identify the impact of revenge porn on victims, as well as assess the effectiveness of existing legal protection. The method used is a qualitative approach through literature study. The data collected includes revenge porn cases that occurred in Indonesia, as well as a review of regulations governing the protection of privacy and victims' rights. …

The New Economic Liberties, Daniel B. Rodriguez

Northwestern University Law Review

Despite the lack of serious interrogation at the federal constitutional level of economic regulations, there continues to be a fairly robust, energetic attention at the level of state constitutional law to so-called economic liberties. In a number of key cases, including, for example, matters involving occupational licensing, state courts have looked to unique features of their respective state constitutions to assess whether and to what extent regulations undertaken under the police power go too far. The rationales for evaluating and, in some cases, invalidating regulations under economic liberties principles are creative, and also controversial. The development of new interpretive approaches …

Court Reform And State Constitutions, Bryna Godar, Miriam Seifter

Northwestern University Law Review

State legislatures regularly propose and enact laws that seek to shape the substantive outcomes of state courts. These maneuvers, including court-packing, jurisdiction-stripping, and more creative changes to judicial selection or authority, would amount to legal earthquakes at the federal level. At the state level, these efforts often receive virtually no attention.

This Essay brings the potent category of outcome-shaping state court reform measures into focus and evaluates it as a question of state constitutional law. We argue that state constitutions, organized around principles of popular sovereignty, do not bar measures that align state courts with popular preferences or the public’s …