Law Commons^™

Risiko Pemberi Kerja Atas Ketidakpatuhan Dalam Program Jaminan Sosial Ketenagakerjaan, Akmal Lageranna

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The constitution guarantees that all citizen receives social security protection from the state. The state implements this constitutional mandate through the provisions of the national social security legislation by establishing Badan Penyelenggara Jaminan Sosial (BPJS) or Social Security Administering Departement. BPJS Ketenagakerjaan which is one of the two BPJS established with the scope of implementing an employment social security program to protect workers. Protection of workers is employer responsibility and required to gradually register business entity and all the workers as participants in BPJS Ketenagakerjaan; and also provide complete and correct data of business entity and their employees and their …

Tinjauan Hukum Terhadap Adanya Utang Baru Yang Dimiliki Debitor Yang Timbul Setelah Dilakukan Homologasi Oleh Pengadilan Niaga Pada Penundaan Kewajiban Pembayaran Utang, Ahmad Firdaus Syahrul

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The second or repeated PKPU application is often underestimated even though the second PKPU can occur as long as it fulfills the provisions of the law. According to some people, if the homologated peace plan has been achieved, it cannot be resubmitted to PKPU with a different debt. The problem that exists is regarding the legal review of the existence of new debts owned by debtors that arise after homologation is carried out by the commercial court on the suspension of debt payment obligations. The research method is a normative juridical research, the typology of the research uses analytical descriptive. …

Perlindungan Hukum Konsumen Terhadap Masyarakat Penerima Beras Bantuan Sosial Terkait Penanganan Pandemi Covid-19, Agung Trisakti

"Dharmasisya” Jurnal Program Magister Hukum FHUI

In handling the spread of COVID-19, the Indonesian government provides social assistance to communities affected by COVID-19 through the Ministry of Social Affairs, one of which is by providing assistance in the form of staple food, namely rice which is distributed through one of the BUMNs in the food sector, namely Perum BULOG. In the implementation of the distribution of aid, it was found that there were reports related to rice that had been distributed in poor quality and was mixed with other materials which were feared to have an impact on the people who consumed the rice. The research …

Appendix: Board Gender Diversity: A Path To Achieving Substantive Equality In The United States, Kimberly A. Houser, Jamillah Bowman Williams

William & Mary Law Review Online

Appendix to article in William & Mary Law Review vol. 63, no. 2 (2021), "Board Gender Diversity: A Path to Achieving Substantive Equality in the United States" by Kimberly A. Houser and Jamillah Bowen Williams.

Exam Soft Workshop, Cardozo Office Of Student Life

2021–2022 Flyers

No abstract provided.

The Coronavirus Pandemic And International Trade, E. Wesley F. Peterson

Cornhusker Economics

The Coronavirus pandemic has disrupted economic activities around the world. Many businesses had to cease operations and furlough or lay off their workers. The World Bank (2021) has reported that global economic output fell by 3.4% in 2020. The good news is that the massive infusion of financial support from many governments in high-income countries meant that the worst economic effects of the pandemic were mitigated, and a rapid recovery has begun to make up for the pandemic-related losses. The International Monetary Fund (IMF) predicts that the global economy will grow by 5.9% in 2021 recovering the 2020 losses and …

The End Of The Eviction Moratoriums, Public Interest Law Student Association (Pilsa)

2021–2022 Flyers

No abstract provided.

Lets Talk Internships, Cardozo Latin American Law Student Association

2021–2022 Flyers

No abstract provided.

Peloton Is Climbing The Music Streaming Service Leaderboard After 2020 Settlement With Nmpa, Seth Warshaw

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

In a 2019 statement, Peloton’s co-founders stated their desire to have the company serve as “a discovery resource for new artists and songs while also providing the opportunity for [their] Members to re-discover music they love.” However, this statement came at a time when many artists and publishers weren’t feeling the love back. In April 2018, the National Music Publishers Association (NMPA) sent Peloton a cease and desist letter in response to Peloton’s alleged use of particular songs without adequate licensing. At issue was Peloton’s alleged failure to obtain “sync” licenses, which are required when “music is synchronized with [a] …

New Jersey Becomes The First State To Eclipse $1 Billion Sports Betting Monthly Handle: What Does That Mean For The Rest Of The Country?, Scott Semaya

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

It was only slightly more than three years ago, in May of 2018, that New Jersey successfully challenged the Professional Amateur Sports Protection Act (PASPA) in the Supreme Court, thus paving the way for all 50 states to legalize sports gambling. Now, in September 2021, New Jersey has become the first state to eclipse $1 billion in monthly handle, which is the total amount of money in wagers accepted and is perhaps the best indicator of success in the gambling industry. With this milestone in the rearview mirror, and with sports gambling growing at an exponential rate, it is useful …

Washington Monthly Interviews Vinay Harpalani: Asian Americans And The Pursuit Of Unhappiness, Vinay Harpalani, Reginald C. Oh

Faculty Scholarship

EXCERPT:

There are, however, several problems with depicting Asian Americans as victims of affirmative action. First, it is necessary to distinguish between affirmative action and negative action. Affirmative action refers to admissions policies that use the race of an underrepresented racial group as a “plus factor” in admissions. According to the law professor Vinay Harpalani, negative action “refers to policies or practices which disadvantage Asian Americans” in comparison to whites. If schools like Harvard covertly impose a higher standard for Asian Americans than for whites, the problem is negative action, not affirmative action. And if Harvard’s admissions decisions are …

May Class Counsel Also Represent Lead Plaintiffs, Bruce A. Green, Andrew Kent

Florida Law Review

For decades, courts and commentators have been aware that the potential for conflicting interests among the class representatives, class counsel, and absent class members is inherent in the class action device. Notwithstanding this realization and a substantial amount of scholarly and judicial commentary on class conflicts, one kind of conflict has not received due attention: the conflict that inevitably arises when class counsel also represents class members as individuals. This conflict—so common to be almost invisible—arises from the beginning of a putative class representation and may create a fraught situation for a lawyer concurrently representing both the class (or putative …

Affording The Franchise: Amendment 4 & The Senate Bill 7066 Litigation, Dalia Figueredo

Florida Law Review

Felon re-enfranchisement statutes that condition the restoration of voting rights on the payment of legal financial obligations have been challenged under the Fourteenth and Twenty-Fourth Amendments to the U.S. Constitution. To date, these challenges have been unsuccessful because felons are not a protected class, disenfranchised felons do not have a fundamental right to vote under existing case law, and these financial obligations have not been categorized as unconstitutional poll taxes. The most recent struggle to defeat a discriminatory felon re-enfranchisement statute is in Florida, where different advocacy groups are attempting to defend the integrity of Amendment 4, the Voting Rights …

Criminal Justice Citizenship, Daniel S. Mcconkie, Jr.

Florida Law Review

The American criminal justice system is fundamentally democratic and should reflect an ideal of citizenship that is equal, participatory, and deliberative. Unfortunately, the outcomes of criminal cases are now almost always determined by professionals (prosecutors, defense attorneys, and judges) instead of by juries. This overly bureaucratized system of adjudication silences the voice of the people. A better system would strengthen “criminal justice citizenship,” which refers to the right of the citizenry to participate, directly and indirectly, in the criminal justice system and to deliberate in its workings. The three key principles of criminal justice citizenship are membership, participation, and deliberation. …

Advisors As Fiduciaries, Arthur B. Laby

Florida Law Review

This Article provides a sustained account of advice giving as a fiduciary activity, and it demonstrates that the dominant approach to defining fiduciary relationships is flawed. Leading academic commentators assert that fiduciary relationships only arise when one party has discretion over the assets or affairs of another. Yet, many advisors—such as lawyers, doctors, and investment professionals—lack discretion over a principal’s assets or affairs but are nonetheless considered fiduciaries by the courts. The dominant academic view of fiduciary relationships is therefore incomplete because it does not account for purely advisory relationships.

Drawing on interdisciplinary literature on trust and the normativity of …

Divided And Conquered: The Neoliberal Roots And Emotional Consequences Of The Arbitration Revolution, Hila Keren

Florida Law Review

The “arbitration revolution” has diminished access to justice for millions of people, allowing American corporations to secure significant insulation from collective challenges in both judicial and arbitral forums. Although currently identified damages are immense, some scholars have recently described proposals to undo the revolution as wishful thinking in the current political climate. This Article acknowledges the political difficulty but seeks to uncover the roots of the problem to re-open a path for a change.

Offering an analysis of the 2019 United States Supreme Court decision in Lamps Plus, Inc. v. Varela, this Article demonstrates that the “revolution” has been …

Are Good Deeds Being Punished?: Independent Charity Patient Assistance Programs And The Anti-Kickback Statute, John C. Hood

Florida Law Review

Largely funded by the pharmaceutical industry, Independent Charity Patient Assistance Programs (PAPs) dispense billions of dollars of aid annually to help financially vulnerable patients afford their prescription drugs. Recently, these charitable entities and their drug company donors have faced mounting legal scrutiny for allegedly funneling illegal kickbacks to Medicare beneficiaries. This Note examines Independent Charity PAPs and the issues they raise under the Anti-Kickback Statute (AKS). It explores the uncertain legal environment in which Independent Charity PAPs operate and concludes that a new AKS regulatory safe harbor may be necessary to preserve the viability of the safety net assistance that …

Protecting Energy Privacy Across The Public/Private Divide, Matthew B. Kugler, Meredith Hurley

Florida Law Review

Energy-usage monitoring can expose much of what takes place inside people’s homes and offices. As the “smart home” revolution continues, this data will only become more revealing. Though this information is essential for the development of the smart electric grid, it is also useful to a variety of others: law enforcement, energy-efficiency experts, and marketers. At present, this data enjoys little Fourth Amendment or statutory protection. This was not previously a problem because the information was historically not overly sensitive. Now that utilities are collecting more than two thousand times as much information about households as they were before, however, …

Technological Triage Of Immigration Cases, Fatma Marouf, Luz Herrera

Florida Law Review

In the medical profession, triage refers to sorting medical resources in emergency situations based on the greatest need for immediate attention. Similarly, legal service providers talk about “triaging” cases to prioritize individuals with the most serious problems. But in the immigration field, the concept of triage is turned on its head. Noncitizens with the riskiest cases—those facing deportation—have the least access to legal assistance, especially if they are detained.

Technology has the potential to help with triage but is not yet being used effectively to assist with deportation defense. This Article argues that utilizing technology to facilitate access to representation …

A Knock On Knick'S Revival Of Federal Takings Litigation, Stewart E. Sterk, Michael C. Pollack

Florida Law Review

In Knick v. Township of Scott, the United States Supreme Court held that a landowner who claimed to have suffered a taking at the hands of state or local officials could seek redress in federal court without the need to first seek compensation through state proceedings. This holding raises serious theoretical and practical concerns. On the theoretical side, Knick rests on the implicit assumption that states separate powers among branches of government in the same way the federal government does. It also relies on a second assumption: that relegating taking claims to state court makes them unique. Neither is …

Aesthetic Judging And The Constitution (Or, Why Supreme Court Justices Are Less Like Umpires And More Like Figure-Skating Judges), Chad M. Oldfather

Florida Law Review

This Article extends the project of exploring the metaphor to the specific context of constitutional adjudication and change. It works from the understanding that both sports and constitutional law can be understood as “practices” in the philosophical sense, as “activities that are constituted by the convergent or overlapping understandings, expectations, and intentions of multiple participants.” The analysis is thus fundamentally comparative in nature. Conceiving of the operation of constitutional law in these terms, like any comparative analysis, helps to uncover and highlight certain of its features, including the ways in which its content is susceptible to change, only some of …

The Algorithmic Divide And Equality In The Age Of Artificial Intelligence, Peter K. Yu

Florida Law Review

In the age of artificial intelligence, highly sophisticated algorithms have been deployed to provide analysis, detect patterns, optimize solutions, accelerate operations, facilitate self-learning, minimize human errors and biases, and foster improvements in technological products and services. Notwithstanding these tremendous benefits, algorithms and intelligent machines do not provide equal benefits to all. Just as the “digital divide” has separated those with access to the Internet, information technology, and digital content from those without, an emerging and ever-widening “algorithmic divide” now threatens to take away the many political, social, economic, cultural, educational, and career opportunities provided by machine learning and artificial intelligence. …

The "Fixation Thesis" And Other Falsehoods, Frederick Mark Gedicks

Florida Law Review

This Article challenges the so-called “fixation thesis” of public-meaning originalism. This thesis holds that the meaning of the Constitution was fixed when adopted and exists in the past as a fact, unaffected by what anyone thinks about it in the present. For public-meaning originalists, constitutional meaning is always ontologically “there” in the past to be found, even if their epistemological method sometimes fails to find it.

The fixation thesis underwrites the powerful rhetoric of fidelity that public-meaning originalists deploy against nonoriginalists, whom they deride for “making up” constitutional meaning without any interpretive theory: “it takes a theory to beat a …

Police Funding, Stephen Rushin, Roger Michalski

Florida Law Review

A number of civil rights activists have called for the defunding or abolition of American police departments. These activists claim that the United States overinvests in police, leaving fewer scarce resources to support other government services. Activists also claim that overinvestment in policing contributes to higher rates of police misconduct and unnecessary criminalization, particularly in communities of color.

This Article considers these calls for the defunding of police. It ultimately cautions against widespread defunding of police and offers an alternative proposal. Part I brings together multiple national databases on local government expenditures to evaluate empirically how states and municipalities fund …

Bankruptcy's Adjunct Regulator, Alexander Sickler, Kara Bruce

Florida Law Review

This Article bridges the fields of consumer finance and bankruptcy by presenting the first comprehensive study of the Consumer Financial Protection Bureau’s potential as bankruptcy regulator. It provides an in-depth picture of how the Bureau’s regulatory authority crosses over into the consumer bankruptcy system. Based on the observations of this study, it makes the normative case that the Bureau should adopt a more purposeful bankruptcy-directed regulatory agenda. It provides a detailed framework for how the Bureau could collaborate with bankruptcy’s existing regulators to address pernicious consumer protection violations in bankruptcy. It also observes how, in the current political climate, other …

Unjustly Enriched Prisons: The Problem With Capitalizing On Captivity, Jazmen Howard

Florida Law Review

This Note sheds light on state practices that take advantage of vulnerable, captive consumers: inmates. States regularly negotiate contracts relating to services and benefits for inmates, using inmates—a captive market—to enrich themselves. States make key decisions, force changes, and earn profits by implementing contracts that affect inmates and explicitly block inmates from pursuing any standing to negotiate the contracts or to sue for any contractual breaches. A current controversy that provides an example of states’ consciously taking advantage of captive consumers involves giving, taking, and altering access to music and video devices. In that scenario, as a state continues to …

State Jurisdictional Independence And Federal Supremacy, Ann Woolhandler, Michael G. Collins

Florida Law Review

Federal Courts scholarship often focuses on access to federal courts for the decision of federal claims. At the same time, many Federal Courts scholars insist that state courts must hear federal causes of action, even when the lower federal courts are open to the same claims—the very federal courts regarded by such scholars as preferable to state courts.

This Article takes issue with suggestions that the state courts have broad duties to entertain federal causes of action, whether statutory or constitutional. There is little early support for requiring state courts to entertain such claims and considerable evidence against it. In …

Against The "Safety Net", Matthew B. Lawrence

Florida Law Review

Then-Representative Jack Kemp and President Ronald Reagan originated the “safety net” conception of U.S. health and welfare laws in the late 1970s and early 1980s, defending proposed cuts to New Deal and Great Society programs by asserting that such cuts would not take away the “social safety net of programs” for those with “true need.” Legal scholars have adopted their metaphor widely and uncritically. This Article deconstructs the safety net metaphor and counsels against its use in understanding health and welfare laws. The metaphor is descriptively confusing because it means different things to different audiences. Some understand the safety net …

Unusual State Capital Punishments, William W. Berry Iii

Florida Law Review

This Article argues that many of the states that retain the death penalty currently violate their own state constitutions because their use of the death penalty is unusual. Specifically, an intrastate assessment of the death penalty in some states, particularly examining its use across counties, suggests that the rareness of its use might mean that it has become an unusual punishment. As a result, this Article explores the twenty-six capital states that proscribe “unusual” punishments and categorizes them based on the likelihood that their use of the death penalty violates their state constitutions.

Part I of this Article explains the …

Keeping Hope Alive: Criminal Justice Reform During Cycles Of Political Retrenchment, Carol S. Steiker

Florida Law Review

For the past decade or so, criminal justice reform in the United States has been having a moment. After decades of massive increases in incarceration rates around the country, advocates for serious rethinking of harsh criminal justice policies have begun to find more receptive audiences at the local, state, and federal levels. However, the 2016 presidential election brought into office a new administration that often embraces the perspective of earlier eras on crime and punishment. How might the momentum of criminal justice reform be maintained in this new political climate? Looking back at some of the drivers of change over …