Law Commons^™

Do Criminal Minds Cause Crime? Neuroscience And The Physicalism Dilemma, John A. Humbach

Elisabeth Haub School of Law Faculty Publications

The idea that mental states cause actions is a basic premise of criminal law. Blame and responsibility presuppose that criminal acts are products of the defendant's mind. Yet, the assumption that mental causation exists is at odds with physicalism, the widely shared worldview that “everything is physical.” Outside of law, there is probably no field of secular study in which one can seriously assert that unseen nonmaterial forces can cause physical events. But if physicalism is true then a fundamental premise of modern criminal justice must be false, namely, that criminals deserve punishment because their crimes are the products of …

Talking About Black Lives Matter And #Metoo, Bridget J. Crawford, Linda S. Greene, Lolita Buckner Inniss, Mehrsa Baradaran, Noa Ben-Asher, I. Bennett Capers, Osamudia R. James, Keisha Lindsay

Elisabeth Haub School of Law Faculty Publications

This essay explores the apparent differences and similarities between the Black Lives Matter and the #MeToo movements. In April 2019, the Wisconsin Journal of Gender, Law and Society hosted a symposium entitled “Race-Ing Justice, En-Gendering Power: Black Lives Matter and the Role of Intersectional Legal Analysis in the Twenty-First Century.” That program facilitated examination of the historical antecedents, cultural contexts, methods, and goals of these linked equality movements. Conversations continued among the symposium participants long after the end of the official program. In this essay, the symposium’s speakers memorialize their robust conversations and also dive more deeply into the phenomena, …

Learning From Feminist Judgments: Lessons In Language And Advocacy, Bridget J. Crawford, Linda L. Berger, Kathryn M. Stanchi

Elisabeth Haub School of Law Faculty Publications

This essay offers a perspective-shifting approach to meeting some of our pedagogical goals in law school: the study of re-imagined judicial decisions. Our thesis is that exposing students to “alternative judgments”—opinions that have been rewritten by authors who look at the law and the facts differently—will help students develop a more realistic and nuanced view of judicial decision-making: one that is aspirational and based in the real world, and one that allows them to envision their futures as successful advocates. The “alternative judgments” of the feminist judgments projects can enrich the law-school experience in multiple ways. First, seeing a written …

Board Diversity By Term Limits?, Darren Rosenblum, Yaron Nili

Elisabeth Haub School of Law Faculty Publications

Four-fifths of the corporate board seats in the United States are held by men and a shocking number of companies lack any female representation on their boards. While institutional investors have pushed these companies for change, California took a more aggressive step and followed several European countries by mandating a quota for board representation. Heated argument has ensued over what diversity we should prioritize and what mechanisms should be used to promote diversity. Yet could these challenges be avoided altogether through the use of term limits?

This Article is the first academic inquiry exploring the connection between term limits and …

The Legitimacy Of Judicial Climate Engagement, Katrina Fischer Kuh

Elisabeth Haub School of Law Faculty Publications

Courts in key climate change cases have abdicated their constitutional responsibility to protect a prejudiced and disenfranchised group (nonvoting minors and future generations) and remedy an insidious pathology in public discourse and the political process: the industry-funded climate disinformation campaign. This Article posits that this abdication results from courts' uneasiness about displacing the prerogatives of democratically elected bodies. This uneasiness is misplaced. Court engagement with climate cases would strengthen democracy in accord with widely accepted justifications for countermajoritarian judicial review. This Article first describes in detail how courts exhibit a frustrating reticence to accept jurisdiction over cases that present questions …

Ex Situ Preservation Of Historic Monuments In The Era Of Climate Change, Shelby D. Green

Elisabeth Haub School of Law Faculty Publications

Cultural heritage (historic buildings, landscapes, and natural monuments) is being threatened by all manner of evils--attacks by belligerents seeking military advantages, increased consumptive uses, and significantly, the idiosyncratic effects of climate change. Climate change portends sea level rise and coastal erosion threats that will inundate coastal areas and the historic structures located there. Melting permafrost and changes in soil composition threaten the loss of buried archaeological evidence and compromise the integrity of ancient buildings designed for a less malevolent climate.

State and local governments have been undertaking measures to build sustainable communities to mitigate the coming changes in the climate, …

Transnational Perspectives On The Paris Climate Agreement Beyond Paris: Redressing American Defaults In Caring For Earth’S Biosphere, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

Anxiety about the fate of human civilization is rising. International Law has an essential role to play in sustaining community of nations. Without enhancing International Environmental Law, the biosphere that sustains all nations is imperiled. Laws in the United States can either impede or advance global environmental stewardship. What is entailed in such a choice?

The biosphere is changing. At a time when extraordinary technological prowess allows governments the capacity to know how deeply they are altering Earth's biosphere, nations experience a perverse inability to cooperate together. The Arctic is melting rapidly, with knock on effects for sea level rise …

Membongkar Esensi Dasar Sila Pertama Pancasila: Internalisasi Pemikiran Islam Mohammad Arkoun Dalam Konsep Ketuhanan Yang Maha Esa, Nadila Mahilaveda Annafikarno, Ahmad Alfarizy

Journal of Islamic Law Studies

Belief in the One and Only God as the first principle of Pancasila has hierarchical implications which are the prerequisites for realizing the next precepts. If traced, Soekarno had the concept that the belief in the one and only God does not mean that God is only one universally, but that understanding can only be owned by religious people and stored in belief. But in Pancasila, the nature of the one value is interpreted that it is noble for all Gods who are just, merciful and merciful who must be imbued with one spirit by all Indonesian people. In the …

Brief Of Amici Curiae Employment Law Professors In Support Of Respondents, Sandra F. Sperino

Faculty Articles and Other Publications

This Court should not interpret section 1981 to require proof of but-for causation, given that statute’s text, history, and purpose. Although Comcast invokes the canon of statutory construction that Congress intends statutory terms to have their settled common-law meaning, that canon does not apply here. Section 1981 has no statutory text that reflects a common-law understanding of causation. Indeed, in 1866, when Congress enacted the predecessor to section 1981, there was no well-settled common law of tort at all. Rather, just as courts have read 42 U.S.C. § 1982, which shares common text, history and purpose, this Court should read …

Week Of September 30, 2019 - October 4, 2019, Benjamin N. Cardozo School Of Law

Today at Cardozo 2019

Events occurring this week have been sponsored by:

• Cardozo Criminal Law Society (CCLS)
• Cardozo Labor and Employment Law Society (CLELS)
• Cardozo Law Institute in Holocaust and Human Rights (CLIHHR)
• Cardozo Moot Court Honor Society
• Cardozo Startup Society
• Courtroom Advocates Project
• Floersheimer Center for Constitutional Democracy
• If/When/How: Lawyering for Reproductive Justice Cardozo Chapter
• Intellectual Property Law Society (IPLS)
• Latin American Law Student Association (LALSA)
• Louis D. Brandeis Center for Human Rights Under Law (LDB)
• Real Estate Law Association (RELA)

Cougar Canyon Loan, Llc, Appellee, V. The Cypress Fund, Llc, Cypress Management, Llc, Olympus Capital Alliance, Llc, Cypress Capital Iii, Llc, Robert N. Baxter, And Blair M. Walker, Appellants., Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

On appeal from the Third Judicial District Court, Salt Lake County, Honorable Robert Faust

Vol. 57, No. 06 (September 30, 2019)

Indiana Law Annotated

No abstract provided.

Law Review Cite Checking, Jason Tubinis, Heather Simmons

Presentations

Bluebook and cite checking for law review, presented by the law library. This session is only for members of the Georgia Law Review, the Georgia Journal of International & Comparative Law, and the Journal of Intellectual Property Law.

Red Mass Invitation 2019, Notre Dame Law School

The Red Mass

Most. Rev. Kevin C. Rhoades, Bishop of Fort-Wayne-South Bend the Notre Dame Law School, Department of Political Science , and Interdisciplinary Program in Constitutional Studies, and the Saint Thomas More Society of South Bend cordially invite you to the 2019 Red Mass. September 30, 2019, 5:15 p.m., Basilica of the Sacred Heart Notre Dame

Reception immediately following the Red Mass: Eck Commons • Notre Dame Law School

Mmu: 09/30/19–10/06/19, Student Bar Association

Monday Morning Update

This Week @ NDLS

• Annual Red Mass
• Public Interest Month Kickoff: A Conversation with the 2018 Shaffer and Bank of America Foundation Public Interest Fellows
• Environmental Law Society Guest Speaker Rob Lee
• Daily Commons Menu Specials
• Daily Mass Schedule
• SBA Store Hours
• 1L Mentorship Program Meet-and-Greet Breakfast
• DOJ Careers & How to Write Great Application Essays
• Conversation with Judge Greg Katsas of the United States Court of Appeals for the D.C. Circuit
• SBA Diversity and Inclusion Committee Introductory Meeting
• Health & Human Rights Law
• CDO Resume Workshop #13
• Innocence-Driven Career Paths
• Bar Prep Basics for 3Ls
• Health Law Society Guest …

Law School News: Throw Out The Old Thinking 9-30-2019, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Aspek Hukum Janji Prakontrak Dalam Pranata Hukum Kontrak Indonesia, Natsir Asnawi

Jurnal Hukum & Pembangunan

The precontractual issues in Indonesia had been raised due to the existing gap between the codification of contract law and the practical needs in contract law. As an umbrella act of civil law, The Indonesian Civil Code (Burgerlijke Wetboek) has yet regulate precontractual issue. Likewise, the judicial practice remains to establish law certainty (formalitiy of a contract), instead of giving justice to the parties who get injured on account of breaking the precontractual promises. Due to effort of updating the contract law, its substance should attach precontractual as a crucial term. Precontractual promissory should be stated as legally bound to …

Pengaturan Pertanggungjawaban Mutlak Wajib Pajak Di Indonesia Dalam Perspektif Keadilan Dan Kemanfaatan Umum, Henry Dianto Pardamean Sinaga

Jurnal Hukum & Pembangunan

The increasing of tax evasion and tax avoidance, due to lack of taxpayer’s liability regulation in tax legislation, has been very detrimental to state revenues. Based on normative juridical research with descriptive-comparative-prescriptive approach which has been done, it is concluded that the regulation of strict liability of taxpayers of Indonesia can: 1) fulfill the sense of justice in terms of equality and or fairness as long as it meets the condition that reflects of material justice and formal justice which must be regulated explicitly in tax legislation; and 2) provide public benefit to the state in handling the social welfare …

Problematika Lembaga Mahkamah Agung Dalam Penegakan Hukum Di Indonesia, Muntaha -

Jurnal Hukum & Pembangunan

A process of law enforcement was considerably as part of system of judicature as well as a part of procedure of justice. The issue on this research is “What is the problematic in Supreme Court related to law enforcement in Indonesia”. This study principally aimed: a. Academically, as further base data. b. Practically, as evaluated material for Supreme Court in adjusting related to law enforcement in institutional jurisdiction. The used method in this research is by means of conceptual approach. Subsequently, the outcome is that problematic of law enforcement toward Supreme Court are: a. Integrity of law enforcer that has …

Faktor Kesukarelaan Dalam Pengunduran Diri Pekerja/Buruh: Studi Putusan Pengadilan Hubungan Industrial Di Medan No. 262/Pdt.Sus-Phi/2017/Pn.Mdn, Di Banda Aceh No. 5/Pdt.Sus- Phi/2016/Pn.Bna, Dan Di Palu No. 18/Pdt.Sus-Phi/2015/Pn.Pal, Patricia Cindy Andriani, Melania Kiswandari

Jurnal Hukum & Pembangunan

Resignation is one of the mechanisms for terminating employment relations that requires voluntary factor in the employee’s action. However, in a number of cases, the resignation was actually not based on the initiative of employee, but was motivated by the employer’s action who put employee into difficult situation so that he/she had no choice but to resign. Therefore, it is necessary to further examine the regulations regarding termination of employment and their implementation at the Industrial Relations Court level toward cases about the employee’s involuntary resignation in decision no. 262/Pdt.Sus- PHI/2017/PN.Mdn, no. 5/Pdt.Sus-PHI/2016/PN.Bna, and no. 18/Pdt.Sus- PHI/2015/PN.Pal. The research is …

Perjanjian Asuransi Pertanian Pada Program Ketahanan Pangan Oleh Pemerintah, Zahry Vandawati, Rizki Dermawan, Hilda Sabrie

Jurnal Hukum & Pembangunan

In an effort to achieve food security, the government seeks to protect agricultural products by means of agricultural insurance programs. The insurance company is liable to compensate farmers in case of losses incurred by risks such as floods, droughts and plant disturbing organisms. Legal protection for farmers is given in accordance with the rights of peasants mandated by the Law. This research uses a type of normative legal research to find the rule of law, legal principles, and relevant legal doctrines and conduct a study of legal concepts. The approach method used in this research is the legislative approach and …

Peran Indonesia Dalam Menangani Etnis Muslim Rohingya Di Myanmar, Mohammad Rosyid

Jurnal Hukum & Pembangunan

Indonesia is a country that is independent but actively participates in global politics including in the case of state or majority oppression against minority ethnic or group, such as the case of Rohingya in Myanmar. Rohingya is a moslem minority ethnic living in Myanmar targeted in genocide and banished from the country under the military government. Meanwhile, the civil leader of Myanmar, Aung Sang Suu Kyi, remains silent despite her Peace Prize Nobel. On the other hand, the political stance of ASEAN needs to be strengthened to find the solution for Rohingya without intervening internal affairs of the country. Indonesia …

Mempererat Regional Asean Melalui Tatanan Hukum Keantariksaan: Peluang Dan Tantangan Bagi Indonesia, Ridha Aditya Nugraha, Kartika Paramita

Jurnal Hukum & Pembangunan

The outer space has become a forum for international cooperation. History has revealed that many countries with different ideologies could work together when it comes to space activities. The existence of the Association of South East Asian Nations (ASEAN) as a subject of international law with ten member states shall test that premise. The actualization of regional cooperation on space activities could be in many forms, one of them is through the establishment of an ASEAN Space Agency. In a smaller scale, considering there is no legal system applied in the ASEAN level, arranging a joint satellite operation seems rather …

Redressing The Online Transaction Fraud Victim Treatment And Interest Fulfillment In Criminal Justice System, Anton Hendrik Samudra

Jurnal Hukum & Pembangunan

This article gives idea on how to redress online transaction fraud victim in criminal justice system. The method applied is by looking scholars’ studies, statutes, observation of victimization process and interviewing law enforcement and victim. In several occasions, investigators turned to blame the victim when they report the crime. For several unsolved cases, the victim asked to revoke their report. This caused by investigator’s view that victim recklessness and failure to think what is deservedly suppose is the main cause of the crime. Treatment and interest fulfillment of online transaction fraud victim in criminal justice system should be redressed, such …

Perlindungan Hukum Terhadap Korban Kejahatan Pada Proses Penyelidikan Dan Penyidikan Dalam Sistem Peradilan Pidana, Rena Yulia, Dadang Herli, Aliyth Prakarsa

Jurnal Hukum & Pembangunan

The police is the first and main gate in the process of law enforcement. Crime victims will report or complain about the criminal incident they experienced to the police. For reports or complaints of victims, the police will conduct an investigation to find and even that is suspected of being a criminal offense in order to determine whether or not an investigation can be conducted. In the process of investigation, victims are often treated as witnesses, or even reported. Victims are given entrapment questions and the attitude of the police treat victims not as victims. The victim becomes secondary victimization. …

Initiating The Utilization Of Restorative Justice In Completing Of The Environmental Crime Cases, Ufran Frans Trisa, Armindo D' Amaral

Jurnal Hukum & Pembangunan

Restorative justice is a way to deal with crime by balancing the needs of the community, victims and perpetrators. This is a more holistic solution for trying to understand crime and overcome the dynamics of criminal behavior, its causes and consequences. The focus of restorative justice is empowerment, participation and healing of victims of crime. This paper discusses the possibility of utilizing the concept of restorative justice towards solving environmental crime. Identifying victims of environmental crimes and how they are able to participate in the restorative process. In particular, pay attention to the ideas of the wider community, the sustainability …

Pelaksanaan Corporate Social Responsibility Dan Zakat Perusahaan Perbankan Syari’Ah Di Madura, Erie Hariyanto, Mohammad Ali Al Humaidy

Jurnal Hukum & Pembangunan

Corporate Social Responsibility and corporate zakat programs are two instruments for distributing with social responsibility funds that both have a legal basis, namely Law No.40 of 2007 concerning with Limited Liability Companies and company zakat, Law No.23 of 2011 concerning Zakat Management. In general, zakat and CSR contain the same vision and mission, namely concern for the overall social condition. Particularly, the life of the community is related to the welfare, security and peace of the people. The present study uses qualitative methods. The results of the research are Firstly, Bank BPRS Bhakti Sumekar Sumenep has form of Sharia Business …

Tanggung Jawab Notaris Sebagai Pemberi Kerja Dalam Hal Terjadi Perbuatan Melawan Hukum, Siti Hajati Hoesin

Jurnal Hukum & Pembangunan

Notaries need the help of others to carry out their duties and authorities in making authentic deeds. Other people who work help the Notary, do work in the Notary's office, as a worker. Workers become Notary employees or not become Notary employees, which is only limited to doing the work given by Notaries. In connection with the implementation of the position of a Notary Public there is a possibility that an unlawful act will occur by a person who does work at the Notary Office. When an act of unlawfulness occurs at the Notary's Office, the Notary will be held …

Analysis Of Lafadz Ta'liq Talak In Islamic Law Perspective And Civil Law Of Marriage/Compilation Of Islamic Law, Nurhadi -

Jurnal Hukum & Pembangunan

Actually marriage is a sacred thing. The contract that unites the two opposite sexes is bound strongly (mitsaqan ghalizha). A strong agreement is concluded in the agreement between the guardian and the prospective husband. Indonesian civil law requires saying sighat ta’liq husband to his wife. The core content of sighat ta’liq is a conditional divorce between the two if the conditions have been fulfilled. Islamic law considers marriage to be legitimate if it has enough conditions and pillars, without sighat ta'liq. Indonesian law requires the requirements of sighat ta'liq in government policy through the decree of the minister of religion …

Hak Penguasaan Negara Terhadap Sumber Daya Alam Dan Implikasinya Terhadap Bentuk Pengusahaan Pertambangan, Tri Hayati

Jurnal Hukum & Pembangunan

Granting mining licenses brings various negative impacts in various aspects. In addition to the environmental damage that must have been caused, it also caused a lot of leakage in the revenue of state finances that should have been received by the State. Permits should be a controlling instrument in mining operations, so that they are in accordance with the philosophical meaning as mandated by Article 33 paragraph (3) of the 1945 Constitution. The meaning contained in the Article is the principle of "State's Right to Control" over natural resources and the mandate "for the greatest prosperity. people". These two things …