Law Commons^™

Menilik Rezim Pengelolaan Tambang Freeport Dalam Mewujudkan Kesejahteraan Rakyat: Perpanjangan Kontrak Karya Atau Peralihan Ke Rezim Perizinan?, Ananda Prima Yurista, Rizky Septiana Widyaningtyas, Alda Awwalil Hasani

Jurnal Hukum & Pembangunan

The management of mineral and coal mining by Freeport has been carried out since 1967 based on a work agreement/contract of work, which is regulated in Law No. 11 of 1967 concerning Basic Mining Provisions. Since the enactment of Law no. 4 of 2009 concerning Coal Minerals under the authority in the management of minerals and coal changed from a work agreement/contract of work to a mining business permit. This article will try to respond to opportunities for contract extension or termination of work contacts and see which regimes will provide greater opportunities for the benefit of the state (in …

Tindak Pidana Pencemaran Nama Baik Melalui Facebook Menurut Kuhp Dan Undang-Undang Nomor 11 Tahun 2008 Tentang Ite, Arif Satria Subekti, Novian Ardynata Setya Pradana, Ajrina Yuka Ardhira, Mukhammad Tismandico Ilham Zulfikar

Jurnal Hukum & Pembangunan

The size of an action can be named as defaming the reputation of others is still unclear because many factors must be studied. In the case of defamation or defamation that is protected, the protection of others for the other person's point of view is protected and the agreed name in the eyes of others. Someone even the authorities will face us to account for a word that we have made against someone. Being asked to act disgracefully can help fight in the community. More than that, in solving problems, the legal people are actually required to really determine the …

Prostitusi Online: Penjualan Suami Oleh Istri (Perubahan Relasi Gender Dan Seksualitas Di Era Digital), Vinita Susanti

Jurnal Hukum & Pembangunan

This article discusses online prostitution in the digital age, by showing changes in gender relations between victims and perpetrators, which are analyzed with the view of radical feminists and Bourdieu's theory, symbolic violence. Women in gender ideology are placed as victims, so in this article there is social deconstruction, where women occupy positions as perpetrators. This change was demonstrated through an online prostitution case: the selling of a husband by a wife. The discussion begins with the case of online prostitution, women in reality studies: victims of online prostitution, the study of radical feminist thought and symbolic violence from Bourdieu's …

Peraturan Presiden No. 125/ 2016 Sebagai Katalis Perubahan Dalam Kebijakan Penyelamatan Kapal Pengungsi Rohingya, Susan Kneebone

Jurnal Hukum & Pembangunan

This paper incorporates discussion and papers presented at a Workshop on ‘Presidential Regulation No. 125 of 2016 on the Treatment of Refugees and Asylum Seekers in Indonesia: Opportunities and Challenges’, held at the Fakultas Hukum (Faculty of Law), Universitas Indonesia, in March 2018. The argument in this piece, namely that the Peraturan Presiden (Presidential Decree) No. 125/ 2016 is unlikely to be effective, has been borne out by the action of fishermen from Aceh who in 2020 landed 99 Rohingya refugees after the government of Indonesia refused to assist them. The PerPres of 125/16 does not contain a clear and …

California's Civil Grand Juries And Prison Conditions 2007-2017, Nkem Adeleye, Anne Richardson Oakes, Julian Killingley

San Diego Law Review

In this Article we evaluate the potential for California’s so-called civil grand juries to detect substandard prison conditions and maltreatment of inmates and make recommendations for improvement. We describe relevant reports by grand juries between 2007–2017 and evaluate the effectiveness of these in improving conditions in a representative sample of counties. We conclude that the civil grand jury is a potentially effective tool for oversight, but its effectiveness is hampered by competing duties, variable investigative methodologies, and lack of clear objectives for performance of its statutory duties.

Kebijakan Perlindungan Anak Korban Kejahatan Seksual Di Cirebon, Nur Rahman, Sarip Sarip

Jurnal Hukum & Pembangunan

This research is motivated by the local media in Cirebon since May 2016-2018 cannot be separated from the discussion and data that Cirebon is categorized as an emergency of child violence. The category of emergencies can be known from data on the increase in child violence in 2016 with 30 cases recorded, in 2017 there were 126 cases, and in early 2018 it increased to 147 cases. What is the ideal policy for realizing child protection? What steps should be taken by the regional government in Cirebon in responding to areas that are included in the emergency situation of child …

Fixing Social Media: Toward A Democratic Digital Commons, Michael Kwet

Markets, Globalization & Development Review

In the past few years, big Social Media networks like Facebook, Twitter, and YouTube have received intense scrutiny from the intellectual classes. This article critiques the dominant strain of criticism, the neo-Brandeisian School of antitrust, for its narrow focus on “regulated competition” as an appropriate means to “fix social media”. This essay calls for a socialist alternative: a democratic social media commons based on free and open source technology, decentralization, and democratic socialist legal solutions. It reviews how existing solutions like the Fediverse and LibreSocial work, and how they may provide answers for a better way forward.

State Of Utah, Plaintiff / Petitioner V. Christopher James Bonds Defendant /Respondent : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

On Writ of Certiorari to the Utah Court of Appeals

NATHALIE S. SKIBINE, Counsel for Respondent

JEFFREY S. GRAY, SEAN D. REYES, TONY F. GRAF, Counsel for Petitioner

Jail By Another Name: Ice Detention Of Immigrant Criminal Defendants On Pretrial Release, Kerry Martin

Michigan Journal of Race and Law

This Article assesses the legality of an alarming practice: Immigration and Customs Enforcement (ICE) routinely detains noncitizen criminal defendants soon after they have been released on bail, depriving them of their court-ordered freedom. Since the District of Oregon’s decision in United States v. Trujillo-Alvarez, 900 F. Supp. 2d 1167 (D. Or. 2012), a growing group of federal courts has held that when ICE detains federal criminal defendants released under the Bail Reform Act (BRA), it violates their BRA rights. These courts have ordered that the government either free the defendants from ICE custody or dismiss their criminal charges. This …

The Brief (Edition #1, September 2020), William & Mary Law School

The Brief

No abstract provided.

The Pandemic Juror, Melanie D. Wilson

Washington and Lee Law Review Online

While the deadly and highly contagious COVID-19 virus lingers and spreads across the country, courts are resuming criminal jury trials. In moving forward, judges reference case backlogs, speedy trial rights, and other concerns for the rights of the accused. Overlooked in this calculus is the importance of jurors and their safety. The Sixth Amendment guarantees “the right to a speedy and public trial, by an impartial jury.” Without jurors, there is no justice.

Even before the COVID-19 pandemic, the justice system sometimes took advantage of juror vulnerability, treating jurors callously, if not rudely, during voir dire by asking them intensely …

State Of Utah, Plaintiff / Petitioner V. Christopher James Bonds Defendant /Respondent : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

On Writ of Certiorari to the Utah Court of Appeals

NATHALIE S. SKIBINE, Counsel for Respondent

JEFFREY S. GRAY, SEAN D. REYES, TONY F. GRAF, Counsel for Petitioner

State Of Utah, Plaintiff / Petitioner V. Christopher James Bonds Defendant /Respondent : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

On Writ of Certiorari to the Utah Court of Appeals

NATHALIE S. SKIBINE, Counsel for Respondent

JEFFREY S. GRAY, SEAN D. REYES, TONY F. GRAF, Counsel for Petitioner

Senators Treat Female Supreme Court Nominees Differently. Here’S The Evidence., Lori A. Ringhand, Christina L. Boyd, Paul M. Collins, Jr.

Popular Media

Over the weekend, President Trump nominated Judge Amy Coney Barrett to fill the Supreme Court seat left empty by Justice Ruth Bader Ginsburg’s death. Senate Majority Leader Mitch McConnell (R-Ky.) has promised to move the nomination swiftly through to confirmation. As a result, the nation’s attention will soon turn to Barrett’s confirmation hearings in the Senate Judiciary Committee. Based on our empirical examinations of every question asked and every answer given at the hearings since the first in 1939, here is what to expect.

Man’S Best Friend? How Dogs Have Been Used To Oppress African Americans, Shontel Stewart

Michigan Journal of Race and Law

The use of dogs as tools of oppression against African Americans has its roots in slavery and persists today in everyday life and police interactions. Due to such harmful practices, African Americans are not only disproportionately terrorized by officers with dogs, but they are also subject to instances of misplaced sympathy, illsuited laws, and social exclusion in their communities. Whether extreme and violent or subtle and pervasive, the use of dogs in oppressive acts is a critical layer of racial bias in the United States that has consistently built injustices that impede social and legal progress. By recognizing this pattern …

State Of Utah, Plaintiff / Petitioner V. Christopher James Bonds Defendant /Respondent : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

On Writ of Certiorari to the Utah Court of Appeals

NATHALIE S. SKIBINE, Counsel for Respondent

JEFFREY S. GRAY, SEAN D. REYES, TONY F. GRAF, Counsel for Petitioner

Do Virtual Classrooms Encroach On Family Privacy Rights?, Jonathan Shkedy

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

On August 27, a 12-year-old boy in Colorado flashed a toy gun, emblazoned with the words “Zombie Hunter,” across the screen during his virtual art class.1 The school’s vice principal later called the boy’s mother to inform her that a police officer was on the way to her house.2 The boy was suspended from school for a week, and now has a record with the El Paso County Sherriff’s Office and a mark on his school paperwork saying that he brought a “facsimile of a firearm to school.”3 The boy’s mother, in an interview with The Washington Post, noted that …

The Dance Between The Nba Players And Their First Amendment Rights, Victor Wang

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

“With great power comes great responsibility.” This popular quote comes with a simple meaning: If you have the ability to do something, make sure that you do it for the good of others. The sports world is not a stranger to the Constitution. From when former heavyweight boxing champion Muhammad Ali refused army induction and spoke out against the draft of civilians to fight in the Vietnam War to Colin Kaepernick deciding to indefinitely kneel and refusing to stand for the national anthem, athletes have been exercising their First Amendment right of freedom of expression as citizens of the United …

Textualism’S Gaze, Matthew L.M. Fletcher

Michigan Journal of Race and Law

This Article attempts to address why textualism distorts the Supreme Court’s jurisprudence in Indian law. I start with describing textualism in federal public law. I focus on textualism as described by Justice Scalia, as well as Scalia’s justification for textualism and discussion about the role of the judiciary in interpreting texts. The Court is often subject to challenges to its legitimacy rooted in its role as legal interpreter that textualism is designed to combat.

Case Preview: In Newest Chapter In Long-Running Water Dispute, Court Will Hear First-Ever Challenge To Ruling By Interstate River Master, Reed D. Benson

Faculty Scholarship

Find out more information regarding Texas v. New Mexico at SCOTUSblog.

Read more about Professor Reed Benson's involvement on the UNM Law News Page.

The Encyclopedist Code: Ancien Droit Legal Encyclopedias And Their Verbatim Influence On The Louisiana Digest Of 1808, Seth S. Brostoff

Journal of Civil Law Studies

This Article identifies nearly one hundred articles and provisions in Louisiana’s first civil code, the Digest of 1808, which were copied verbatim or almost verbatim (that is, literally or almost literally) from three French legal encyclopedias popular during the Ancien Régime: Lerasle’s Encyclopédie méthodique: Jurisprudence (8 vols., 1782–89), Jean-Baptiste Denisart’s Collection de décisions nouvelles (1st ed., 6 vols., 1754–56), and Joseph-Nicolas Guyot’s Répertoire de jurisprudence (2d ed., 17 vols., 1784–85). As the Appendix indicates, verbatim and almost verbatim extracts from Lerasle, Denisart, and Guyot constitute approximately five per cent of the Digest’s source material. This Article therefore serves as a …

Vol. 59, No. 06 (September 28, 2020)

Indiana Law Annotated

No abstract provided.

Cover, Masthead & Contents

Journal of Civil Law Studies

No abstract provided.

Uruguay : New Developments In The Civil Law Of The Eastern Republic Of Uruguay In 2019 And 2020, Walter Howard

Journal of Civil Law Studies

No abstract provided.

Rodrigo Momberg & Stefan Vogenauer (Eds.), The Future Of Contract Law In Latin America: The Principles Of Latin American Contract Law, Alberto L. Zuppi

Journal of Civil Law Studies

No abstract provided.

Mmu: 09/28/20–10/04/20, Student Bar Association

Monday Morning Update

This Week @ NDLS

General Announcements and Reminders

• Crossings is opening Thursday, October 1 for coffee and grab and go food.
• CDO Announcements
• Free Professional Headshots
• Employment Opportunity: Research Assistant
• Wanted: High School Mock Trial Coach
• SBA Store
• LexisNexis Office Hours
• Public Interest Month: Litigating for Liberty
• Advice to the Next President on Addressing Racial Justice: Notre Dame Students Speak Out
• Daily Mass Schedule
• LexisNexis: Wish I Knew When I Was A 1L: A Panel of 2Ls and 3Ls Imparting Valuable Advice
• Schooling in the Pandemic: Perspectives from Across America
• Free Speech and Social Media: A Conversation with Professors Volokh …

Week Of September 28, 2020 - October 2, 2020, Benjamin N. Cardozo School Of Law

Today at Cardozo 2020

Events occurring this week have been sponsored by:

• Appropriate Dispute Resolution (ADR) Field Clinic
• Bronx Defenders/Mainzer Family Defense Field Clinic
• Cardozo Alumni Association’s Intellectual Property Practice Group
• Cardozo Art Law Society
• Cardozo Divorce Mediation Clinic
• Cardozo Entertainment Law Society
• Cardozo Family Law Society
• Cardozo Fashion Law Society
• Cardozo Law Review
• Chabad at Cardozo
• Civil Rights in Immigration Law Field Clinic
• Department of Financial Services (DFS) Field Clinic
• Floersheimer Center for Constitutional Democracy
• Health Care Reform Field Clinic
• NYC Law Department Appeals Division Field Clinic
• Tax Law Field Clinic
• Visual and Performing Arts Law Field Clinic

The European Court Of Justice At Work: Comparative Law On Stage And Behind The Scenes, Michele Graziadei

Journal of Civil Law Studies

The European Court of Justice (ECJ) has often been hailed as an engine of European integration. Entrusted with the task of securing the uniform interpretation of the law of the European Union—among other functions—the ECJ makes use of comparative law for a variety of purposes. The very composition of the Court and its peculiar linguistic regime make the Court a major comparative law laboratory. Under the Treaties, the Court is explicitly authorised to resort to comparative law as a method of judicial interpretation with regard to certain aspects of European law. But comparative law is an essential tool for the …

Medical Civil Liability Without Deterrence: Preliminary Remarks For Future Research, Emiliano Marchisio

Journal of Civil Law Studies

The traditional deterrence-based paradigm of civil liability may be understood as indirect market regulation, as the risk of incurring liability for damages provides an incentive to invest in safety. Such an approach, however, has proven to be inappropriate in medical civil liability. Extensive literature shows that the increase in the asymmetric protection of patients by extending medical civil liability beyond a certain limit does not improve safety; instead, that strategy determines the adoption of “defensive” techniques (the so-called “defensive medicine”). Paradoxically, this approach leads to a reduction in market efficiency and overall patient safety. The traditional paradigm of medical civil …

Colloquium : The Opportunities Of Distance Teaching

Journal of Civil Law Studies

No abstract provided.