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Articles 1 - 30 of 45
Full-Text Articles in Law
Karakteristik Pertanggungjawaban Kepala Daerah Dalam Penyelenggaraan Pemerintahan Daerah Menurut Sistem Pemerintahan Presidensial, Bachrul Amiq
Jurnal Hukum & Pembangunan
Since the beginning of the formation of the constitution for an independent Indonesia by the founders of the state, the state government system adopted is a presidential system. After the amendment to the 1945 Constitution, the perpetrators of the changes, namely the Peoples Consultative Assembly (MPR) wanted to emphasize that the 1945 Constitution of the Republic of Indonesia adhered to a pure presidential system by upholding the supremacy of the constitution, so that the executive as government administrator was responsible to the constitution. This must be in line with the implementation of local government. However, it is not explained what …
Securing Crypto: Exempting Certain Cryptoassets From The Arkansas Securities Act, Jesse Kloss
Securing Crypto: Exempting Certain Cryptoassets From The Arkansas Securities Act, Jesse Kloss
Arkansas Law Review
Out of fifty states in 2019, Arkansas was ranked forty-fourth for technology and innovation with a grade of “F,” thirty-sixth for economy with a grade of “D+,” and thirty-seventh for business friendliness with a grade of “D+.” It is time to make Arkansas an innovation and business friendly state. Exempting certain fully functional cryptoassets, those that have some purpose other than a speculative or investment purpose, from the Arkansas Securities Act is one step towards doing so.
Compulsory Licensing Of Climate Engineering Patents: How Embracing Technology- And Research-Sharing Strategies Brings Us One Step Closer To Solving Climate Change, Buzz Hardin
Arkansas Law Review
The impact of climate change spans the globe and includes increasingly severe and dangerous climate events, including coastal flooding, extreme heat and wildfires, reduced crop yield, and decreased food security. In the United States, if the proper steps toward mitigating or reversing the effects of climate change are not taken, it is very likely that the United States will experience substantial damage to its economy, the health of its citizens, and the environment. In response to the challenges presented by climate change, the number of inventions in the field of climate engineering, or “geoengineering,” has skyrocketed over the past several …
The Due Process Protections Act: Is The Juice Worth The Squeeze?, Allyson Benko
The Due Process Protections Act: Is The Juice Worth The Squeeze?, Allyson Benko
SLU Law Journal Online
President Trump signed the Due Process Protections Act into law on October 21, 2020. Allyson Benko discusses how Federal judges must now remind prosecutors on the record of their obligation under Brady v. Maryland to disclose exculpatory evidence to the defense in every criminal case.
An Interprofessional Approach To Teaching Advocacy Skills: Lessons From An Academic Medical-Legal Partnership, Vicki W. Girard, Eileen S. Moore, Lisa P. Kessler, Deborah F. Perry, Yael Cannon
An Interprofessional Approach To Teaching Advocacy Skills: Lessons From An Academic Medical-Legal Partnership, Vicki W. Girard, Eileen S. Moore, Lisa P. Kessler, Deborah F. Perry, Yael Cannon
Georgetown Law Faculty Publications and Other Works
Medical students and educators recognize that preparing the next generation of health leaders to address seemingly intractable problems like health disparities should include advocacy training. Opportunities to acquire the knowledge and skills needed to effectively advocate at the policy level to promote systems-, community-, and population-level solutions are a critical component of such training. But formal advocacy training programs that develop and measure such skills are scarce. Even less common are interprofessional advocacy training programs that include legal and policy experts to help medical students learn such skills.
This 2016–2017 pilot study started with a legislative advocacy training program for …
Meat Wars: The Unsettled Intersection Of Federal And State Food Labeling Regulations For Plant-Based Meat Alternatives, Shareefah Taylor
Meat Wars: The Unsettled Intersection Of Federal And State Food Labeling Regulations For Plant-Based Meat Alternatives, Shareefah Taylor
University of Massachusetts Law Review
Due to technological advances and the rise in popularity of plant-based meat alternatives (i.e., Beyond Meat, the Impossible Burger, etc.), nearly thirty states have proposed or enacted legislation to limit which foods can be labeled with terms that have traditionally been used to describe products derived from animal carcasses (i.e., meat, burger, sausage, etc.). Fueled in many places by the cattle industry, the states’ legislation proposes stricter guidelines than the federal counterparts in an attempt to specifically prohibit plant-based, cell-based (lab-grown meat), and even insect-based products from being labeled in meat-associated terms. To date, lawsuits have been filed by opponents …
Accessible Websites And Mobile Applications Under The Ada: The Lack Of Legal Guidelines And What This Means For Businesses And Their Customers, Josephine Meyer
Accessible Websites And Mobile Applications Under The Ada: The Lack Of Legal Guidelines And What This Means For Businesses And Their Customers, Josephine Meyer
Seattle University Law Review SUpra
No abstract provided.
Dirty Johns: Prosecuting Prostituted Women In Pennsylvania And The Need For Reform, Mckay Lewis
Dirty Johns: Prosecuting Prostituted Women In Pennsylvania And The Need For Reform, Mckay Lewis
Dickinson Law Review (2017-Present)
Prostitution is as old as human civilization itself. Throughout history, public attitudes toward prostituted women have varied greatly. But adverse consequences of the practice—usually imposed by men purchasing sexual services—have continuously been present. Prostituted women have regularly been subject to violence, discrimination, and indifference from their clients, the general public, and even law enforcement and judicial officers.
Jurisdictions can choose to adopt one of three general approaches to prostitution regulation: (1) criminalization; (2) legalization/ decriminalization; or (3) a hybrid approach known as the Nordic Model. Criminalization regimes are regularly associated with disparate treatment between prostituted women and their clients, high …
Regulatory Impact Assessment Issues Of Legal Acts On Entrepreneurial Activity, Каkhramon Abdullayev
Regulatory Impact Assessment Issues Of Legal Acts On Entrepreneurial Activity, Каkhramon Abdullayev
Review of law sciences
the article considers the concepts of assessing the effectiveness of legislation, its impact on the entrepreneurial activity, issues of its evaluation, ongoing works in our country in this direction, practice of assessing the impact of legislation in foreign countries and proposals in this regard.
Racial Justice And Decriminalization Of Prostitution: No Protection For Women Of Color, Janice G. Raymond
Racial Justice And Decriminalization Of Prostitution: No Protection For Women Of Color, Janice G. Raymond
Dignity: A Journal of Analysis of Exploitation and Violence
No abstract provided.
The Origins Of University Centers On Developmental Disabilities: Early Expectations And Legislation, Bryce Fifield, Marvin G. Fifield
The Origins Of University Centers On Developmental Disabilities: Early Expectations And Legislation, Bryce Fifield, Marvin G. Fifield
Developmental Disabilities Network Journal
This article describes the evolution and early expectations of university-based programs to serve people with disabilities. I describe the how the committee that President John F. Kennedy created to make recommendations about how to better serve people with mental retardation suggested university-based programs that would improve the science and provide training to professionals who work with this community. I describe the early legislation and program decisions that were made by stakeholders that created the first generation of University Affiliated Facilities and Programs to serve people with disabilities.
Cle Working Paper No.1/2020--Rights Of Nature Legislation For British Columbia: Issues And Options, Rachel Garrett, Stepan Wood
Cle Working Paper No.1/2020--Rights Of Nature Legislation For British Columbia: Issues And Options, Rachel Garrett, Stepan Wood
Centre for Law and the Environment
This paper explores how the rights of nature could be protected through legislation in British Columbia (BC). Canada is far behind other countries in protecting rights of nature. Canadian law does not currently recognize the rights of nature in any meaningful way. Numerous statutes in Canada making nature—from fisheries to wildlife, to the land itself—the exclusive property of humans, with no inherent right to exist, flourish or be restored. We explore two potential avenues for protecting the rights of nature in British Columbia: 1) amendment of existing legislation, and 2) a new stand-alone rights of nature statute. We examine trailblazing …
Cybersecurity-Cybercrime-The Legal Environment, Amy J. Ramson
Cybersecurity-Cybercrime-The Legal Environment, Amy J. Ramson
Open Educational Resources
This presentation covers the legal environment of cybercrime to date. It addresses: the challenges of law enforcement; federal government vs. sate jurisdiction of cybercrime; law enforcement department and agencies which handle cybercrime; criminal statutes and privacy statutes.
The Incidental Environmental Agency, Tara K. Righetti
The Incidental Environmental Agency, Tara K. Righetti
Utah Law Review
State oil and gas conservation agencies are the gatekeepers to oil and gas development: as the agencies charged with granting drilling permits, they decide if, when, where, and how oil and gas will be developed. As such, oil and gas conservation agencies sit on the front lines in the emerging, and increasingly irresolvable, struggle between fossil energy development and the environment. Current oil and gas conservation regulation is designed to promote development, maximize recovery of the resource, and protect the individual property rights of mineral owners. However, advocacy by environmental constituencies, including surface owners and local governments, has challenged the …
Uncovering The "Hidden Crime" Of Human Trafficking By Empowering Individuals To Respond, Laura Shoop
Uncovering The "Hidden Crime" Of Human Trafficking By Empowering Individuals To Respond, Laura Shoop
Georgia State University Law Review
This Note will examine current state law promoting awareness of human trafficking and identification of trafficking survivors in the United States and make recommendations as to what further measures, if any, state legislators should take to increase awareness, identification, and reporting of human trafficking. Part I explains the history and development of human trafficking legislation at the federal and state levels. Part II analyzes the methods that states currently use to promote public awareness and identification. Part III discusses a proposal for amending current state law to better encourage and facilitate awareness of human trafficking and the identification and reporting …
A Comparative Analysis Of The Politics Of Gun Control In The United States And Australia, Nicholas Leone
A Comparative Analysis Of The Politics Of Gun Control In The United States And Australia, Nicholas Leone
College Honors Program
This thesis centers on the interrelationships and differences in firearm legislation and culture within the United States of America and Australia. As a result of the Port Arthur Massacre on April 28, 1996, Australia was faced with an unprecedented mass shooting that completely shifted Australian politics and culture regarding firearm safety and availability. Thus, the thesis inquiries into the effectiveness of Australia’s buyback program as well as the cultural and political factors that allowed for such legislation to be passed. After suffering 118 mass shootings in the U.S. since 1982, the history of the United States regarding gun control is …
Intended Injury: Transferred Intent And Reliance In Climate Change Fraud, Wes Henricksen
Intended Injury: Transferred Intent And Reliance In Climate Change Fraud, Wes Henricksen
Faculty Scholarship
No abstract provided.
Legal Nature And Features Of The Legal Status Of Advocacy Structures, V. Davlyatov
Legal Nature And Features Of The Legal Status Of Advocacy Structures, V. Davlyatov
Review of law sciences
The article provides the analysis of the legal status of advocacy structures, the necessity of its precise definition was investigated both from a theoretical point of view and through the prism of legislation. The article contains the consideration of peculiarities of the legal status of advocacy structures and also specific proposals for improving legislation are given.
On The Issue Of Responsibility Of A Sports Fan In The Republic Of Uzbekistan, E. Musaev
On The Issue Of Responsibility Of A Sports Fan In The Republic Of Uzbekistan, E. Musaev
Review of law sciences
The article deals with the influence of physical culture and sports on the healthy lifestyle of the population, the image of the country, the importance and necessity of legal regulation of relations in the field of physical culture and sports in the Republic of Uzbekistan, the responsibility of subjects in the field of sports. Also mentioned is the regulation at the legislative level of the legal status of the fan, his responsibility, security during sports competitions. Special attention is offered to pay to specific sports sanctions. On the basis of the analysis of the national and foreign legislation the proposals …
Prosecuting Human Trafficking In The Wake Of Epstein: A Proposal For The Implementation Of Aggravated Human Trafficking Statutes, Katherine F. Erickson, Lynette A. Dalley
Prosecuting Human Trafficking In The Wake Of Epstein: A Proposal For The Implementation Of Aggravated Human Trafficking Statutes, Katherine F. Erickson, Lynette A. Dalley
Brigham Young University Prelaw Review
In June of 2008, Jeffrey Epstein plead guilty in a Florida court on
two counts of felony prostitution for nonconsensual sex acts against
two girls under eighteen. Evidence showed, however, that the true
scope of his crime encompassed dozens of underage girls. He
was sentenced to eighteen months in jail but ended up only serving
thirteen. Because of the terms of his prison sentence, Epstein
was allowed to leave the jail during the day for work release.
Reflections On The Effects Of Federalism On Opioid Policy, Matthew B. Lawrence
Reflections On The Effects Of Federalism On Opioid Policy, Matthew B. Lawrence
Dickinson Law Review (2017-Present)
No abstract provided.
Home Rule In West Virginia, Robert M. Bastress Jr.
Home Rule In West Virginia, Robert M. Bastress Jr.
West Virginia Law Review
No abstract provided.
Mandatory Domestic Violence Education For Wa State Judges Legislation, Allison Sykes
Mandatory Domestic Violence Education For Wa State Judges Legislation, Allison Sykes
MSW Capstones
This proposal is a request for legislation that all Washington State judges receive mandatory domestic violence education. There is a need for Washington State judges to receive domestic violence education to prevent biases and misconceptions from influencing their court decisions. The goal of this legislation is to increase safety for victims and increase judges’ ability to make informed judicial decisions in cases of domestic violence. Education has been identified through research and interviews to be the most significant intervention to reduce domestic violence. Judges who are educated about domestic violence make judicial decisions that are more supportive of victims. To …
The Clash Between Terrestrial And Digital Radio: Pinned By The Music Modernization Act, Dianlyn Cenidoza
The Clash Between Terrestrial And Digital Radio: Pinned By The Music Modernization Act, Dianlyn Cenidoza
Seattle University Law Review
Copyright law, specifically music licensing, has long been outdated due to changes in the way people listen to music. With the proliferation of technology, listeners can now enjoy music via channels that did not exist just a few decades ago. As a consequence, music creators have faced years of economic inequality. Songwriters, artists, and musicians have fought a long, and often fruitless, battle for justice—legislation that would change music law for the better has continuously been struck down. However, in 2018, the Music Modernization Act (MMA) was signed into law, representing a battle won for music creators. This Comment will …
Massachusetts At The Forefront: How To Protect The Most Vulnerable Group In A Post-Legal Sports Betting World—Ncaa Student-Athletes, Dave Wilson
University of Massachusetts Law Review
Change is coming to sports gambling in the United States. No longer is it restricted to Nevada casinos or your “friendly” neighborhood sports bookie. The individual states have spoken, with state after state passing legislation authorizing legalized sports betting. It is clear that there is an appetite for legal sports gambling in this country. But how did we get here? And what will the ramifications be? This Note first analyzes the keystone sports gambling case, Murphy v. NCAA, and its impact on the destruction of the Professional and Amateur Sports Protection Act, which was commonly viewed as a federal ban …
From Common Law To Constitution, Sanctioned Dispossession And Subjugation Through Otherization And Discriminatory Classification, Mobolaji Oladeji
From Common Law To Constitution, Sanctioned Dispossession And Subjugation Through Otherization And Discriminatory Classification, Mobolaji Oladeji
Journal of Race, Gender, and Ethnicity
No abstract provided.
Recognising The Sentience Of Animals In Law: A Justification And Framework For Australian States And Territories, Jane S. Kotzmann
Recognising The Sentience Of Animals In Law: A Justification And Framework For Australian States And Territories, Jane S. Kotzmann
General - Animal Feeling
Scientific research is clear that most animals are sentient. This means that they have the capacity to subjectively perceive or feel things such as happiness and suffering. At present in Australia, animal sentience is, to some degree, implicitly recognised in animal welfare legislation that is in operation in all state and territory jurisdictions. This legislation criminalises human cruelty towards some animals because of the capacity such action has to cause animal pain and suffering. There is growing public concern in Australia, however, that such legislation does not adequately protect animals from pain and suffering. The Australian Capital Territory (‘ACT’) has …
Bias And Misrepresentation Of Science Undermines Productive Discourse On Animal Welfare Policy: A Case Study, Kelly Jaakkola, Jason N. Bruck, Richard C. Connor, Stephen H. Montgomery, Stephanie L. King
Bias And Misrepresentation Of Science Undermines Productive Discourse On Animal Welfare Policy: A Case Study, Kelly Jaakkola, Jason N. Bruck, Richard C. Connor, Stephen H. Montgomery, Stephanie L. King
Faculty Publications
Reliable scientific knowledge is crucial for informing legislative, regulatory, and policy decisions in a variety of areas. To that end, scientific reviews of topical issues can be invaluable tools for informing productive discourse and decision-making, assuming these reviews represent the target body of scientific knowledge as completely, accurately, and objectively as possible. Unfortunately, not all reviews live up to this standard. As a case in point, Marino et al.’s review regarding the welfare of killer whales in captivity contains methodological flaws and misrepresentations of the scientific literature, including problematic referencing, overinterpretation of the data, misleading word choice, and biased argumentation. …
Legislative History In The Modern Congress, Jesse M. Cross
Legislative History In The Modern Congress, Jesse M. Cross
Faculty Publications
A central debate in the field of legislation has asked: how reliable are the different types of legislative history? Yet there has been no understanding, throughout this debate, of who inside Congress drafts this legislative history. This is surprising, given the common intuition that authorship is a key indicator of reliability.
In response, this Article presents the results of an original empirical study—one that illuminates this unknown dimension of Congress, uncovering the actors and processes that produce modern legislative history. For this study, the author conducted interviews with congressional staffers drawn from both parties, both chambers of Congress, and numerous …
The Conscience Defense To Malpractice, Nadia N. Sawicki
The Conscience Defense To Malpractice, Nadia N. Sawicki
Faculty Publications & Other Works
This Article presents the first empirical study of state conscience laws that establish explicit procedural protections for medical providers who refuse to participate in providing reproductive health services, including abortion, sterilization, contraception, and emergency contraception.
Scholarship and public debate about law's role in protecting health care providers' conscience rights typically focus on who should be protected, what actions should be protected, and whether there should be any limitations on the exercise of conscience rights. This study, conducted in accordance with best methodological practices from the social sciences for policy surveillance and legal mapping, is the first to provide concrete data …