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Articles 91 - 120 of 13133
Full-Text Articles in Law
Grażyna Szustak, Witold Gradoń And Łukasz Szewczyk, Protection Of A Non-Professional Financial Market Participant, Eu Katowice Publishing House 2021, Iwona D. Czechowska
Grażyna Szustak, Witold Gradoń And Łukasz Szewczyk, Protection Of A Non-Professional Financial Market Participant, Eu Katowice Publishing House 2021, Iwona D. Czechowska
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
Book by Grażyna Szustak, Witold Gradoń & Łukasz Szewczyk.
Real Property, Real Problems: Expanding Alaska's Unfair Trade Practices And Consumer Protection Act, Michael E. Keramidas
Real Property, Real Problems: Expanding Alaska's Unfair Trade Practices And Consumer Protection Act, Michael E. Keramidas
Alaska Law Review
Alaska’s Unfair and Deceptive Acts and Practices (UDAP) statute was designed to provide broad, robust protections for everyday Alaskan consumers. Astonishingly, Alaska is one of only three states that does not protect Alaskans under its UDAP statute when they fall victim to fraudulent schemes involving real property. The Alaska Supreme Court has consistently upheld this interpretation of the UDAP statute by relying on precedent from over thirty years ago. At the same time, due to the COVID-19 pandemic, everyday Alaskans are more economically vulnerable than ever before, with the atmosphere being ripe for proliferation of fraudulent real property schemes. This …
Legalizing Local: Alaska's Unique Opportunity To Create An Equitable And Sustainable Seaweed Farming Industry, Logan Miller
Legalizing Local: Alaska's Unique Opportunity To Create An Equitable And Sustainable Seaweed Farming Industry, Logan Miller
Alaska Law Review
The seaweed farming industry in Alaska is in its nascent stages. There is tremendous potential for growth, but also risk of exploitation and inequitable outcomes. Alaskans have a unique and urgent opportunity to enact policies that can ensure and promote equitable, sustainable development that centers the voices and interests of marginalized groups—including Indigenous and rural populations—and provides benefits to local economies. This Note seeks to contribute to the creation of a sound policy framework for the responsible development of Alaska’s seaweed farming industry by advancing both a theoretical framework and specific policy recommendations. Drawing from the experiences of other jurisdictions …
Do You Know It When You See It? Using Alaska's Child Pornography Statute As A Nationwide Model For Proscribing Morphed Images, Daisy Gray
Alaska Law Review
In 1982, the United States Supreme Court addressed the tension between free speech and protecting children by holding child pornography outside the scope of First Amendment protections. Critical to the Court’s decision was the fact that child sexual abuse is necessary to produce child pornography. But what if technological advancement removed child abuse from the equation? The recent phenomena of virtual child pornography and morphed images involve the digital alteration of adult pornography to create the appearance of child pornography. The Alaska legislature amended its child pornography statute in response to these developments, proscribing the possession of morphed images. While …
The Ballot Is Stronger Than The Bullet: Alaska's Superior Strict Scrutiny Approach To Ballot Access Laws, Ben Sheppard, Josh Guckert
The Ballot Is Stronger Than The Bullet: Alaska's Superior Strict Scrutiny Approach To Ballot Access Laws, Ben Sheppard, Josh Guckert
Alaska Law Review
Restrictive ballot access laws are the most burdensome requirement for third-party candidates. Such laws implicate First Amendment freedoms to associate both publicly and privately with like-minded individuals in order to advance political causes. Alaskan courts review state ballot access laws under the demanding standard of strict scrutiny. This standard was adopted through the efforts of Joe Vogler and his Alaskan Independence Party. The authors contend that such a standard has fostered Alaska’s unique openness toward third-party candidacies. Nonetheless, the Supreme Court of the United States does not utilize this same strict scrutiny review, instead using the Anderson-Burdick test, which balances …
Transcript: The Roberts Court And Free Speech Symposium, Michael T. Cahill, Joel M. Gora, Geoffrey R. Stone, Ronald K.L. Collins, David L. Hudson Jr., Floyd Abrams, Ellis Cose, Robert Corn-Revere, Genevieve Lakier, William D. Araiza, Helen Norton, Nadine Strossen, Erwin Chemerinsky
Transcript: The Roberts Court And Free Speech Symposium, Michael T. Cahill, Joel M. Gora, Geoffrey R. Stone, Ronald K.L. Collins, David L. Hudson Jr., Floyd Abrams, Ellis Cose, Robert Corn-Revere, Genevieve Lakier, William D. Araiza, Helen Norton, Nadine Strossen, Erwin Chemerinsky
Brooklyn Law Review
On April 9, 2021, the Brooklyn Law Review gathered a panel of First Amendment scholars for a symposium on the Roberts Court's free speech jurisprudence. This transcript captures the panelists' diverse perspectives on the free speech themes highlighted by the Roberts Court's free speech jurisprudence.
Broken Promesa: Why The United States Should Abandon Its Use Of The Territories Clause To Control The Local Affairs Of Puerto Rico, Julia R. Cummings
Broken Promesa: Why The United States Should Abandon Its Use Of The Territories Clause To Control The Local Affairs Of Puerto Rico, Julia R. Cummings
Brooklyn Law Review
Puerto Rico’s sovereignty status is an anomaly. Since the United States acquired the island in 1898, the federal government has treated Puerto Ricans differently compared to residents of its other acquired territories. The United States also exerts significant control over Puerto Rico’s local affairs, most recently through the enactment and enforcement of the Puerto Rico Oversight, Management, and Economic Stability Act (PROMESA) in response to the current debt crisis in Puerto Rico. This note assesses the validity of the federal government’s use of the territories clause to control local Puerto Rican affairs, examining the complex history between the United States …
Table Of Contents
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
Table of contents
The Phenomenon Of Misselling On The Polish Bond Market – What Did The Getback S.A. Case Teach Us?, Paweł Czaplicki
The Phenomenon Of Misselling On The Polish Bond Market – What Did The Getback S.A. Case Teach Us?, Paweł Czaplicki
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
The article presents the phenomenon of misselling on the Polish bond market on the example of bonds issued by GetBack S.A. Presented are also de lege ferenda postulates aimed at increasing the level of protection of bondholders against misselling. The article uses the dogmatic and legal research method as well as the analysis of existing data. The key research problem presented in the article is how to clarify the legal regulations regarding consumer protection in the bond market, so that bondholders do not become victims of misselling. In accordance with the hypothesis put forward by the author, the legal provisions …
Pre-Contractual Information Obligations In The New Draft Consumer Credit Directive In The Light Of Existing Eu Regulations, Piotr Gałązka
Pre-Contractual Information Obligations In The New Draft Consumer Credit Directive In The Light Of Existing Eu Regulations, Piotr Gałązka
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
The European Commission, responding to calls for amendments, presented in June 2021 the Draft of a new Consumer Credit Directive. One of the issues that was announced as part of the amendment process was the issue of pre-contractual consumer information provided by the creditor. The article analyses the content of the Draft with respect of pre-contractual consumer information, comparing the proposed provisions with existing ones, assessing them in terms of validity and effectiveness in achieving the objectives of the new Draft Directive and the earlier announcements of the European Commission as a drafter.
Pre-Contractual Information Obligations Of The Lender Towards The Borrower In The Act On Reverse Mortgage, Michał R. Walczak
Pre-Contractual Information Obligations Of The Lender Towards The Borrower In The Act On Reverse Mortgage, Michał R. Walczak
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
The article raises the issue of the information obligation that precedes the conclusion of a reverse mortgage contract. This service is addressed, by definition, to the elderly who are looking for a way to increase their income from the funds obtained from a pension. The study analyzes statutory regulations concerning pre-contractual information obligations of the lender towards the potential borrowers, which are basically limited to the passing of the information form. The analysis leads to the conclusion that the statutory information obligation is not adjusted to the specifics of the borrowers.
Contractual And Statutory Solutions Concerning ‘Credit Holidays’ During The Covid-19 Pandemic. Law – Practice – And The Actual Protection Of The Consumer As A Borrower, Edyta Rutkowska-Tomaszewska, Artur Zwaliński
Contractual And Statutory Solutions Concerning ‘Credit Holidays’ During The Covid-19 Pandemic. Law – Practice – And The Actual Protection Of The Consumer As A Borrower, Edyta Rutkowska-Tomaszewska, Artur Zwaliński
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
The authors of this paper start with the presentation of the situation of Poles on the threshold of the COVID-19 pandemic and during its course, as they are affected by its economic consequences. Next, they consider the institution of the so-called ‘credit holidays’, both commercial ones (proposed by creditors) and those proposed by consumers, with the aim to present the conditions of taking advantage of these instruments. The authors also assess them from the perspective of the practice of the Polish Competition Authority (the President Office of Competition and Consumer Protection) and the Financial Ombudsman, through the prism of consumer …
Specific Solutions Introduced In The ‘Anti-Crisis Package’ On Non-Interest Costs Of Consumer Loans, Magdalena Paleczna
Specific Solutions Introduced In The ‘Anti-Crisis Package’ On Non-Interest Costs Of Consumer Loans, Magdalena Paleczna
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
Due to the COVID-19 pandemic in Poland, and the need to introduce numerous restrictions in the public and private spheres, the liquidity of Polish consumers was disrupted and many lost their source of income. There was therefore a justified fear, in particular on the part of the Polish Government and the Polish Competition Authority, that consumers would turn to consumer credit providers, in particular lending institutions, to maintain their liquidity. New – temporary – limits for non-interest credit costs were established in March 2020. The limits were set up separately for loans with a repayment period of up to 30 …
Perkembangan Kedudukan Hukum (Legal Standing) Dalam Pengujian Administratif Di Pengadilan Tata Usaha Negara Dan Uji Materi Di Mahkamah Agung, Oce Madril, Jery Hasinanda
Perkembangan Kedudukan Hukum (Legal Standing) Dalam Pengujian Administratif Di Pengadilan Tata Usaha Negara Dan Uji Materi Di Mahkamah Agung, Oce Madril, Jery Hasinanda
Jurnal Hukum & Pembangunan
Legal standing is one of the most important aspect accordance citizen legal protection from government act which is general or concrete . In implementation at Indonesia, there are many changes in the legal standing rule. Nevertheless, this changes of rule is considered not to clarify related legal standing aspect that has impact to citizen who are having trouble for access to justice through Administratif Judicial at Administratif Court and Judicial Review at Supreme Court. Plus, the emergence of many judge decision from Administrative Court and Supreme Court Judge that sometimes expanding the meaning of legal standing, but sometimes restricting the …
Kesepakatan Perjanjian Jual Beli Melalui Mesin Jual Otomatis (Vending Machine) Ditinjau Dari Aspek Hukum Perjanjian, Diah Anggraeni Ndaomanu, Indirani Wauran
Kesepakatan Perjanjian Jual Beli Melalui Mesin Jual Otomatis (Vending Machine) Ditinjau Dari Aspek Hukum Perjanjian, Diah Anggraeni Ndaomanu, Indirani Wauran
Jurnal Hukum & Pembangunan
In the making of an agreement, it always refers to 4 (four) terms of the validity of the agreement which is regulated in Article 1320 of the Indonesian Civil Code. There is an important element from 4 (four) legal requirements named the agreement between the two parties. The background of this thesis writing is the development of technology where there are developments in the trade sector, namely buying and selling through vending machines without involving the seller directly or real. This research writing aims to determine the form of sale and purchase agreements through vending machines in terms of the …
Keberlakuan Klausula Security Exceptions Dalam Perjanjian Trade-Related Aspects Of Intellectual Property Rights (Trips) Di Masa Pandemi Covid-19, Daniel Nicholas Putra, Yetty Komalasari Dewi Ykd
Keberlakuan Klausula Security Exceptions Dalam Perjanjian Trade-Related Aspects Of Intellectual Property Rights (Trips) Di Masa Pandemi Covid-19, Daniel Nicholas Putra, Yetty Komalasari Dewi Ykd
Jurnal Hukum & Pembangunan
WTO commitments, particularly related to intellectual property rights in the TRIPS Agreement, could potentially hinder efforts to increase access to medicines and vaccines during the Covid-19 pandemic. In time of emergency, these commitments can be overridden using the WTO security exceptions clause. This article compares the WTO security exceptions to general exceptions in Article XX of the GATT 1994 and non-precluded measures in the Argentina-US BIT, India-Germany BIT, and India-Mauritius BIT, and analyses how the Covid-19 pandemic can be a valid reason to waive the obligations under the TRIPS Agreement using the security exceptions clause. In particular, this article discusses …
Pergeseran Kompetensi Absolut Dari Peradilan Umum Ke Peradilan Tata Usaha Negara: Gugatan Perbuatan Melawan Hukum Oleh Penguasa (Onrechtmatige Overheidsdaad), Muhamad Raziv Barokah, Anna Erliyana
Pergeseran Kompetensi Absolut Dari Peradilan Umum Ke Peradilan Tata Usaha Negara: Gugatan Perbuatan Melawan Hukum Oleh Penguasa (Onrechtmatige Overheidsdaad), Muhamad Raziv Barokah, Anna Erliyana
Jurnal Hukum & Pembangunan
The absolute competency-shifting in adjudicating a lawsuits against the law by authorities from the general court to the state administration court suddenly based on Supreme Court Regulation No. 2/2019 raises 2 (two) issues regarding differences in the parameters of evaluating government actions in terms of civil law with state administration law and a significant reduction in the time period for filing a lawsuit from 30 (thirty) years to 90 (ninety) days. This research takes the form of a normative juridical approach to the rule of law. This study concludes there are differences in the parameters of the OOD Claims between …
Perempuan Pekerja Migran Non-Reguler: Konflik Hukum Dalam Pengaturan Perdagangan Orang Dan Penyelundupan Orang, Sriwiyanti Eddyono
Perempuan Pekerja Migran Non-Reguler: Konflik Hukum Dalam Pengaturan Perdagangan Orang Dan Penyelundupan Orang, Sriwiyanti Eddyono
Jurnal Hukum & Pembangunan
This paper analyzes the extent to which Indonesian law regulates the position and protection of irregular women migrant workers and the implication of the arrangement of law for irregular women migrant workers who experience human trafficking and people smuggling. This paper follows up on field findings on human trafficking in the Kalimantan border which was carried out in 2018-2019. This paper finds that there are complications in the regulation on laws and regulations, related to the regulation of Irregular Migrant Workers. Even though the law which is based on international conventions explicitly regulates Non-Regular Migrant Workers (Migrant Workers Convention 1990) …
Evaluasi Kebijakan Peradilan Elektronik (E-Court) Mahkamah Agung Republik Indonesia, Abdul Rachmat Ariwijaya, Palupi Lindiasari Samputra
Evaluasi Kebijakan Peradilan Elektronik (E-Court) Mahkamah Agung Republik Indonesia, Abdul Rachmat Ariwijaya, Palupi Lindiasari Samputra
Jurnal Hukum & Pembangunan
This study aims to evaluate the administrative policies and electronic trial (E-Court) of the Supreme Court of the Republic of Indonesia and the judicial bodies under it in achieving the principles of administering judicial power, namely: simple, fast, and low-cost justice. The research method uses a retrospective evaluation theory that directs the present results after implementing the E-Court policy. The data used consisted of secondary data (documents) and primary data through in-depth interviews from experts and E-Court policymakers. The results showed that the E-Court policy succeeded in clarifying the Supreme Court of the Republic of Indonesia's organization in realizing simple, …
Penerapan Sanksi Pidana Terhadap Perbuatan Pengalihan Barang Jaminan Fidusia (Studi Kasus Pada Polres Serang Kota), Rahmat Wiguna, Benny Irawan, Rena Yulia
Penerapan Sanksi Pidana Terhadap Perbuatan Pengalihan Barang Jaminan Fidusia (Studi Kasus Pada Polres Serang Kota), Rahmat Wiguna, Benny Irawan, Rena Yulia
Jurnal Hukum & Pembangunan
At this time, many financial institutions (leasing) offer easy credit applications for potential customers. This has attracted consumers to apply for motor vehicle loans, both cars and motorbikes, in leasing companies. However, the problem that has occurred recently in financial institutions is the number of cases concerning the transfer of fiduciary collateral. In fact, the said act has been regulated in statutory regulations which have criminal consequences, namely if the debtor transfers goods or pawns the goods which are guaranteed to be Fiduciary without the creditor's permission, the debtor can be subject to a fiduciary crime. This research aims to …
Wasiat Wajibah Bagi Suami Murtad Dalam Pendekatan Teleologik Menuju Realisme Hukum (Suatu Analisis Terhadap Putusan Ma Nomor 331 K/Ag/2018), Raju Mohammad Hazmi, Nurul Adhha, - Kamarusdiana
Wasiat Wajibah Bagi Suami Murtad Dalam Pendekatan Teleologik Menuju Realisme Hukum (Suatu Analisis Terhadap Putusan Ma Nomor 331 K/Ag/2018), Raju Mohammad Hazmi, Nurul Adhha, - Kamarusdiana
Jurnal Hukum & Pembangunan
The Compulsory will (wasiyah wajibah) is one of the products of ijtihad in the field of contemporary Islamic jurisprudence. The case of compulsory wills is also included in the sub-discussion of inheritance in family or civil law in several countries with a majority Muslim community. The provision of a mandatory will appears as an alternative to several inheritance problems, such as the right to inheritance for heirs of different religions, children and adoptive parents. This condition is faced with the reality of the inheritance law of a society that cannot be separated from the structure, norms and traditions of a …
Rekonstruksi Undang-Undang Perbankan Untuk Mewujudkan Perlindungan Nasabah Penyimpan Yang Integratif Dan Berkepastian Hukum, Danu Febrianto, Joni Emirzon, Febrian Febrian
Rekonstruksi Undang-Undang Perbankan Untuk Mewujudkan Perlindungan Nasabah Penyimpan Yang Integratif Dan Berkepastian Hukum, Danu Febrianto, Joni Emirzon, Febrian Febrian
Jurnal Hukum & Pembangunan
Banks have an important role in economic development through their function by collecting funds from the public in the form of deposits and channeling them to the public in the form of credit in order to improve the standard of living of the people at large. Currently the banking business is regulated in Act Number 7 of 1992 concerning Banking as amended by Act Number 10 of 1998 (abbreviated as "Banking Act”). In a period of 20 years from 1998 to 2018, there have been developments in regulations relating to the depositors protection which are scattered in various laws and …
Potensi Pengembangan Wakaf Saham Sebagai Objek Wakaf Baru Di Indonesia: Perspektif Hukum Islam, Fahrul Fauzi
Potensi Pengembangan Wakaf Saham Sebagai Objek Wakaf Baru Di Indonesia: Perspektif Hukum Islam, Fahrul Fauzi
Jurnal Hukum & Pembangunan
Share waqf is holding one or more shares owned by wakif in a company that is engaged in a field that is permitted under sharia, the profits of which are used according to the purpose of waqf both for public and private in the framework of worshiping Allah SWT. The regulation of share waqf in Indonesia is still incorporated in the provisions of waqf in general. The existence of this regulation is the result of ijtihad by Indonesian ulama who adjusts to the needs and current social conditions. Shares in Islamic law are categorized as a form of Syirkah. The …
Implikasi Pilihan Metode Konversi Suara Terhadap Proporsionalitas Perolehan Kursi Dalam Pemilihan Umum Anggota Dewan Perwakilan Rakyat, Bimo Fajar Hantoro
Implikasi Pilihan Metode Konversi Suara Terhadap Proporsionalitas Perolehan Kursi Dalam Pemilihan Umum Anggota Dewan Perwakilan Rakyat, Bimo Fajar Hantoro
Jurnal Hukum & Pembangunan
Choice of vote conversion method, as an element of the general election system, has implications for the degree of proportionality. The degree of proportionality in question is divided into two elements, namely between the percentage of seats acquired and the fairness to large and small parties. The author here is interested in measuring the degree of proportionality generated by each of the vote conversion methods. The author then performs a simulation to measure these two elements from two families of vote conversion methods, namely the Quota method and the Divisor method. The simulation results show that in terms of proportionality …
Tindak Pidana Pencucian Uang Yang Dilakukan Oleh Korporasi: Studi Kasus Putusan Pengadilan Negeri Nomor: 64/Pid.Sus/Tpk/2016/Pn.Bgl, Jeanny Jessica
Tindak Pidana Pencucian Uang Yang Dilakukan Oleh Korporasi: Studi Kasus Putusan Pengadilan Negeri Nomor: 64/Pid.Sus/Tpk/2016/Pn.Bgl, Jeanny Jessica
Jurnal Hukum & Pembangunan
The typologies of money laundering are very closely related to corporate activities, which the activities of corporation are involved indirectly or are associated with financial institutions that made corporations very high risk as criminal offender of money laundering crimes. The handling of money laundering cases that corporation as subjects have only been carried out in Bengkulu with the corruption as primary criminal act, whereas will be expected that the application of corporations as subjects of money laundering crimes will also trigger other law enforcement agencies to uncover money laundering cases that made by corporations
Tanggung Jawab Hukum Sumber Daya Manusia Potensi Basarnas Dalam Melakukan Tindakan Medis Terhadap Korban Bencana, Wahyu Andrianto, Nindya Noviani
Tanggung Jawab Hukum Sumber Daya Manusia Potensi Basarnas Dalam Melakukan Tindakan Medis Terhadap Korban Bencana, Wahyu Andrianto, Nindya Noviani
Jurnal Hukum & Pembangunan
First aid is a basic medical action that can’t be avoided by The Human Resource Potential (HR Potential) of BASARNAS during SAR Operation. Even though it is only categorized as a basic medical act, first aid can determine victims’ life because first aid is done to prevent them from getting more severe injuries or experiencing death. Despite there is no a specific regulation about basic medical action conducted by HR Potential of BASARNAS during SAR operations. This legal research focuses on answering three problems. First, how the legal rules in Indonesia regarding volunteer participation during disasters. Second, how is the …
Eksistensi Perlindungan Paten Atas Vaksin Covid-19, Adzhani Tharifah, Agus Sardjono
Eksistensi Perlindungan Paten Atas Vaksin Covid-19, Adzhani Tharifah, Agus Sardjono
Jurnal Hukum & Pembangunan
The Covid-19 vaccine is expected to be a solution to return to normal life. However, the need for vaccines that are global in nature raises several questions in the community, especially regarding the existence of patent protection. For this reason, this paper will answer these questions by discussing the patentability of the Covid-19 vaccine as well as how to implement patent protection in the midst of a pandemic and public concerns about limited access to vaccines. The research method used in the writing of this thesis is normative juridical with a qualitative approach where the data comes from literature studies …
Transition Administration, Michael Herz, Katherine A. Shaw
Transition Administration, Michael Herz, Katherine A. Shaw
Articles
The period from November 3, 2020 to January 20, 2021, was unlike any presidential transition in our history. President Donald Trump refused to accept his ballot-box defeat, instead battling to overturn the election’s outcome. This dramatic public campaign was waged in state and federal courts, state legislatures, the offices of state and local election officials, the Department of Justice, and finally the halls of Congress, where on January 6, 2021, a mob incited by the President stormed the Capitol with the explicit goal of preventing the final counting of electoral votes for Joe Biden. These efforts had more mundane and …