Law Commons^™

‘Pro Enforcement Bias’ Under Article V Of The New York Convention In International Commercial Arbitration: Comparative Overview, Fifi -. Junita -

Indonesia Law Review

This article explores the main features of exceptions to enforcement under Article V of the NYC, including its exhaustive and discretionary natures. It then specifically provides an overview of narrow judicial control over the grounds for refusing enforcement under the Article V of the NYC. It points out the fundamental principles of the provision in determining the enforceability of international arbitral awards. Then this article will occasionally refer to international arbitral cases in some jurisdictions, such as the United States, France and Switzerland. It is noted that courts and legislatures in those jurisdictions have moved towards pro-enforcement policy to questions …

The Position And Authority Of The Aceh Shari'a Court On The Indonesian Justice System, Sufiarina Sufiarina

Indonesia Law Review

Article 27 paragraph (1) of Law No. 48 Year 2009 regarding Judicial Power states that special courts can only be formed in one of the court systems under the Supreme Court, which include general courts, religious courts, military courts and state administration courts. However, article 3A paragraph (2) of Law No. 50 Year 2009 concerning the Second Amendment to the Law on Religious Court places Shariah Court as a special court within the system of religious courts and as a special court within the system of general courts. Such positioning is inconsistent with Article 27 paragraph (1) of the Law …

The Political Context Of Judicial Review In Indonesia, Fritz Edward Siregar

Indonesia Law Review

The Constitutional Court of Indonesia plays significant role in securing democracy in Indonesia. In exercising their authorities, including the election result dispute and judicial review, the Court continues to affirm institutional judicial legitimacy and pursue their role to guard 1945 Constitution. The first Chief Justice Jimly Asshiddiqie showed how within five years of the Court’s establishment, he could strategically maximize its momentum and build the Court as a respectful institution. The Chief Justice Mahfud M D was then elected to reduce the judicial activism started by Jimly’s bench. However, against promises and expectations, Mahfud M D brought the Court to …

The Voice Of The Law In Transition, Rafiqa Qurrata A'Yun

Indonesia Law Review

It is no doubt that the law has a tight relation with the language. We can see how language works in law since it comes from the idea, being enacted, and enforced. That is why language has a significant role along the legal process. This article will review the book written by Ab Massier which assumes at least three aspect of linguistic job in law: doing law is acting by means of language into a lingual activity, which is based on texts, and is resulting in texts. The main issue in this book is based on the problems of Indonesian …

Informal Dispute Resolution Based On Adat Law: A Case Study Of Land Dispute In Flores, East Nusa Tenggara, Indonesia, Najmu Laila Sopian

Indonesia Law Review

The issue of law enforcement is central to land property rights. Modes of property rights enforcement can be performed either with or without intervention of the state. This article focuses on the latter mode of enforcement; that is, how people manage to enforce their land rights without the involvement of state institutions and to what extent informal arrangements can offer effective enforcement and secure land property rights. This article also contributes to the debate on how formal and informal institutions can be used to secure property rights and resolve disputes over land ownership. In particular, this paper examines how the …

The Purpose Of Law, Pancasila And Legality According To Ernst Utrecht: A Critical Reflection, Fernando Morganda Manullang

Indonesia Law Review

Ernst Utrecht is one of the best legal scholars Indonesia has ever had. His political views position him as an organic intellectual; a legal scholar involved in and expressing the social consciousness, both in the academic as well as in the political arena. His controversial involvement came to a tragic end, causing him to leave Indonesia for good. This article describes and reflects on some of Utrecht’s rather controversial ideas about law and politics; namely, first, “pengayoman” (guardianship) the purpose of law in Indonesia, a purpose of law which is almost completely absent from the mainstream conception of the purpose …

Newsroom: Discussing Lawyers During Holocaust, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Guatemala Needs Profound Change, Lauren Carasik

Media Presence

No abstract provided.

Exclusionary Conduct Of Dominant Firms, R&D Competition, And Innovation, Jonathan Baker

Scholarly Articles in Law Reviews & Journals

This paper evaluates the innovation consequences of antitrust enforcement against the exclusionary conduct of dominant firms through a Nash equilibrium model of research and development (R&D) competition to create new products. In the two-firm model, whether one firm regards the other firm’s R&D investment as a strategic complement or strategic substitute turns on an increasing differences condition: whether the first firm’s incremental benefit of increased R&D investment is greater if its rival’s R&D effort succeeds or if its rival’s R&D effort fails. Antitrust prohibitions on pre-innovation exclusion and post-innovation exclusion are found to be effective in different strategic settings: preventing …

Revisiting Self-Determination Conflicts In Indonesia: An International Law Perspective, M. Yakub Aiyub Kadir

Indonesia Law Review

Indonesia is a former Dutch colony which declared its independence on August 17, 1945. However, it was not internationally recognised until December 27, 1949, when the Netherlands formally transferred the sovereignty of the Dutch East Indies to a new political entity called ‘Indonesia’ at the Round Table Conference in the Hague. This occasion marked the political union of all diverse kingdoms and regional communities spread over the Indonesian archipelago. This step has been frequently associated with the global spirit of many other countries around the world to gain independence from Western colonisers and with the international principle of self-determination. However, …

August 30, 2015: Is There A World Beyond Capitalism?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Is There a World Beyond Capitalism?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Israel Security Association V. National Labor Court, Daphne Barak-Erez, Hanan Melcer, Zvi Zylbertal

Translated Opinions

[This abstract is not part of the Court's opinion and is provided for the reader's convenience. It has been translated from a Hebrew version prepared by Nevo Press Ltd. and is used with its kind permission.]

Facts: The petitions concerned the interpretation of section 10 (3) of Schedule Two of the Class Actions Law, which restricts the possibility of instituting a class action in labor law in the case of a “suit by an worker who is subject to a collective agreement that regulates the terms of his employment, and the employer of that worker, or trade association of which …

Situational Crime Prevention And Worldwide Piracy: A Cross‑Continent Analysis, Jon M. Shane, Eric Piza, Marissa Mandala

Publications and Research

Relying on situational crime prevention perspective, this study compares successful and unsuccessful pirate attacks reported to the International Maritime Bureau (IMB) from the year 2000 through 2013 (n = 4,902). The study builds upon the recent work of Shane and Magnuson in Justice Quarterly, pp 1–26 (2014), which found various SCP techniques effectively prevented piracy attacks on a global level. The current study builds upon these findings by testing whether the global effect of SCP is consistent across individual continents. A series of mixed-effects logistic regression models and follow-up likelihood ratio tests were incorporated to explore the research question. In …

April Miller Et Al. Vs. Kim Davis (Date Filled August 28, 2015), Supreme Court Of The United States

Media Collection

Kim Davis, Applicant, v. April Miller, Ph.D, Karen Ann Roberts, Shantel Burke, Stephen Napier, Jody Fernandez, Kevin Holloway, L. Aaron Skaggs, and Barry Spartman, Respondents.

Emergency Application to Stay Preliminary Injunction Pending Appeal DIRECTED TO THE HONORABLE ELENA KAGAN ASSOCIATE JUSTICE OF THE SUPREME COURT OF THE UNITED STATES AND CIRCUIT JUSTICE FOR THE SIXTH CIRCUIT

Global Aerospace, Inc. Final Judgment And Order On Motions For Summary Judgment, Elizabeth E. Long

Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions

No abstract provided.

David And Rosemary Olsen; Dianne And William Newland; Rick Margolis, Plaintiffs/Appellants, Vs. Park City Municipal Corporation, A Municipal Corporation; Valley Of Love Llc, A Utah Limited Liability Company, Defendants/Appellees., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the Final Order and Judgment of the third Judicial District Court, Summit County, State of utah, Honorable Todd M. Shaughnessy

Kenneth L. Gray Petitioner, V. Workforce Appeals Board Of The Utah Department Of Workforce Services And State Of Utah, Respondents., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Reply Brief of Appellant to Brief of Respondent (August 10, 2015)

The Kentucky African American Encyclopedia, Gerald Smith, Cotton Mcdaniel, John A. Hardin

Civil Rights

The story of African Americans in Kentucky is as diverse and vibrant as the state's general history. The work of more than 150 writers, The Kentucky African American Encyclopedia is an essential guide to the black experience in the Commonwealth.

The encyclopedia includes biographical sketches of politicians and community leaders as well as pioneers in art, science, and industry. Kentucky's impact on the national scene is registered in an array of notable figures, such as writers William Wells Brown and bell hooks, reformers Bessie Lucas Allen and Shelby Lanier Jr., sports icons Muhammad Ali and Isaac Murphy, civil rights leaders …

Brief For The Navajo Nation As Amicus Curiae, Paul Spruhan

Faculty Scholarship

A settlement agreement is a binding promise expressed through sacred words to resolve disputes in the Diné way. ff an agreement is reached, it cannot be repudiated, and when the parties have made that agreement, they may not refuse to sign a settlement contract reflecting their prior resolution. In light of these principles, and under the deferential standard of review this Court affords decisions of the Labor Commission, see Tsosie v. Central Consolidated School Dist., No. SCCV- 34-06, slip op. at 4 (Nav. Sup. Ct. August 12, 2009) (Commission decision reviewed for abuse of discretion and factual findings subject …

Session Report - Theme 3: Arctic Governance, Michael Grey

ShipArc 2015 Conference

No abstract provided.

Session Report - Theme 2: Beyond The Polar Code, Heike Deggim

ShipArc 2015 Conference

No abstract provided.

Session Report - Theme 1: Polar Code, Jack Westwood-Booth

ShipArc 2015 Conference

No abstract provided.

Boyd Briefs - Aug. 27, 2015, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

Boyd Briefs / Road Scholars

Boyd Briefs provides weekly information regarding the activities and accomplishments of the faculty, students, and alumni of the William S. Boyd School of Law at the University of Nevada, Las Vegas.

Tips For Lawyers Who Want To Get Good Results For Clients And Make Money, John M. Lande

Faculty Blogs

This post suggests that lawyers do the following to help clients achieve their goals: Understand your clients’ interests. Pay attention to what’s really important in your cases, not just the law or winning. Recognize the importance of emotions – especially yours. Get to know your counterpart lawyer. Make a habit of preparing to resolve matters at the earliest appropriate time. Be prepared to negotiate more than you might expect. Get help from mediators when needed. Be prepared to advocate hard and smart.

Who Gets Paid? Section 365(N) Royalty Payments Under "Zombie Licenses" After A Sale Of Ip, Christopher G. Bradley

Law Faculty Popular Media

This short article discusses the Bankruptcy Code's unusual treatment of certain intellectual property licenses. First, it gives a brief overview of § 365(n) of the Bankruptcy Code. It then provides a short analysis of a difficult but important question: If a licensee of a debtor’s intellectual property opts to retain its license rights under § 365(n), who should receive the stream of licensing payments in the event that the IP is sold: the buyer of the IP, or the debtor in bankruptcy? The answer that has emerged in some of the case law is somewhat surprising -- after providing nuanced …

Appeal No. 0903: Dover-Atwood Corporation, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2015-120; Chapman #1 Well

Sharing Research Data And Intellectual Property Law: A Primer, Michael W. Carroll

Joint PIJIP/TLS Research Paper Series

Sharing research data by depositing it in connection with a published article or otherwise making data publicly available sometimes raises intellectual property questions in the minds of depositing researchers, their employers, their funders, and other researchers who seek to reuse research data. In this context or in the drafting of data management plans, common questions are (1) what are the legal rights in data; (2) who has these rights; and (3) how does one with these rights use them to share data in a way that permits or encourages productive downstream uses? Leaving to the side privacy and national security …

Cassinelli V. State Of Nevada, 131 Nev. Adv. Op. 62 131(Aug. 27, 2015), Mackenzie Warren

Nevada Supreme Court Summaries

The Court of Appeals determined that (1) the district court erred by ruling that Cassinelli was not eligible for alcohol treatment under NRS § 458.300(1)(d); (2) the district court did not abuse its discretion by denying Cassinelli’s request for assignment to a program of treatment; (3) the plea agreement was not breached and the prosecutor did not engage in misconduct at sentencing; (4) the district court did not err by refusing Cassinelli an opportunity to cross-examine the victim during her impact statement at sentencing; (5) Cassinelli’s sentence was illegal.

Newsroom: Professor, Alumna Lead City Year Board, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Appeal No. 0872: Stonebridge Operating Co. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2014-237 & 2014-263 (Gifford Unite #2 Well)