Law Commons^™

Progressive Prosecution Or Zealous Public Defense? The Choice For Law Students Concerned About Our Flawed Criminal Legal System, Abbe Smith

Georgetown Law Faculty Publications and Other Works

This Article addresses a question asked by many law students concerned about our flawed criminal legal system: should they become a prosecutor in an office run by a progressive prosecutor, or a public defender in an office devoted to zealous, client-centered (or holistic) defense? The Article starts with an anecdote about Philadelphia District Attorney Larry Krasner’s road show to recruit law students and young lawyers, and then proceeds as follows: First, this Article makes the case for progressive prosecution; then, it makes the case for zealous indigent defense; then, it identifies the obstacles and challenges for both kinds of lawyers …

Unavoidability In U.S. Privacy Law, Laura M. Moy

Georgetown Law Faculty Publications and Other Works

Why is U.S. privacy law structured the way it is, with a series of sectoral laws rather than a cross-sectoral law or laws? Why does U.S. privacy law protect information shared in certain contexts—such as information shared with an attorney, a healthcare provider, or a financial provider—rather than particular types of information? One possibility is that sectoral laws apply to contexts in which people typically share highly “sensitive” information containing intimate secrets or with the potential to harm them financially or psychologically.

But this Article argues that there is something else at play—that in fact, an under-discussed and underappreciated factor …

Confirm Judge Irma Carrillo Ramirez To The Fifth Circuit, Carl W. Tobias

SMU Law Review Forum

The United States Senate must expeditiously confirm United States District Court for the Northern District of Texas Magistrate Judge Irma Carrillo Ramirez, who has definitely earned appointment to the United States Court of Appeals for the Fifth Circuit and will become the appellate court’s initial Latina member. This regional circuit effectively resolves substantial appeals, enjoys a large judicial complement, and certainly possesses a reputation as the nation’s most conservative appellate court. Ramirez, whom President Joe Biden nominated in mid-April, decidedly provides remarkable gender, experiential, ideological, and ethnic judicial diversity and has rigorously served as a Magistrate Judge and Assistant United …

“Social Workers By Day And Terrorists By Night?” Wounded Healers, Restorative Justice, And Ex-Prisoner Reentry, Allely Albert

Articles

Common to many post-conflict societies, former political prisoners and combatants in Northern Ireland are often portrayed as security threats rather than as potential contributors to societal peacebuilding processes. This distrust limits their ability to contribute to the transitional landscape and additionally hinders desistance processes during their reentry from prison. Drawing from the work of Maruna, LeBel, and others on “wounded healers,” this article critically examines the restorative justice work of ex-prisoners who have become involved in leadership roles within community based restorative justice. It is argued that such practitioner work can help former combatants overcome many of the challenges typically …

Eviction Sealing Should Top New Mexico’S Legislative Housing Agenda, Allison Freedman

Faculty Scholarship

In January 2023, the White House released a Blueprint for a Renters Bill of Rights, which called for immediate sealing of eviction case filings—often referred to as “Scarlet E’s”—to help reduce the likelihood that tenants would be “locked out of future housing opportunities without the chance to defend themselves.”

Indigenous Influence On The Rights Of Nature Movement, Vanessa Racehorse

Faculty Scholarship

The growing recognition of the rights of nature is a blend of both modern conservation efforts and principles reflected in traditional Indigenous stewardship that should be an essential component of the discourse around environmental justice. This article provides an overview of the laws that invoke the rights of nature that Indigenous perspectives and practices regarding environmental preservation have influenced. This discussion pays particular attention to the White Earth Band of Ojibwe's "Rights of Manoomin" law and Manoomin v. Minnesota Department of Natural Resources (White Earth Band of Ojibwe Tribal Ct. 2021), the first rights of nature case filed in a …

The Rejection Of The Anti-Corruption Principle And Its Effect On Human Rights At Home, Juliet S. Sorensen

Northwestern Journal of Human Rights

21st century scholarship analyzing the Framers’ treatment of corruption asserts that their incorporation of anti-corruption means in the Constitution should be interpreted as a framework to inform contemporary judicial review and jurisprudence. Led by Zephyr Teachout’s article “The Anti-Corruption Principle,” this school of thought asserts that the anti-corruption principle should be on par with separation of powers and freedom of expression, a guiding lodestar in interpreting the Constitution.

This article submits that the anti-corruption principle of constitutional interpretation is, in fact, a rights-based approach to corruption, equating freedom from corruption with the other rights and liberties enshrined in the Constitution. …

Promises And Pitfalls In Un Regulation Of Judicial Independence, Martha Kiela

Northwestern Journal of Human Rights

This article investigates the current mechanisms and power of the UN to ensure judicial independence in the UN Member States. First, it surveys the UN bodies which play a role in creating international regulations for judicial independence and monitoring Member States’ compliance with them. Second, it analyzes the responses of these bodies to challenges to judicial independence by conducting case studies of Venezuela and Poland, and how these actions compare to those of other international organizations and tribunals. The central questions it seeks to answer are which mechanisms of review and enforcement have so far been the most effective in …

Penalaran Dalam Putusan Mahkamah Konstitusi No. 64/Puu-X/2012 Dalam Kaitannya Dengan Pelindungan Data Pribadi Nasabah Perbankan Di Indonesia, Yosea Iskandar

Jurnal Hukum & Pembangunan

Abstract

Title: The Significance of Constitutional Court Decision No. 64/PUU-X/2012 on Banking Customer Data Protection in Indonesia: An Analysis of Legal Interpretation and Implications

This article delves into the pivotal role played by Constitutional Court Decision No. 64/PUU-X/2012 in shaping the concept and regulations governing the protection of personal banking data in Indonesia. The decision redefined the obligations of banks to maintain confidentiality, particularly concerning information about depositors and their deposits. Widely acclaimed as a legal breakthrough, the decision prompted the government to amend banking laws in 2022 to reflect the Court's new interpretation. In contrast to existing scholarly works …

Peninjauan Kembali Demi Keadilan, Alfret Alfret

Jurnal Hukum & Pembangunan

Abstract

As the world of law develops, there are more and more new provisions related to the implementation of Judicial Review (PK). Some concrete examples related to the development of PK provisions themselves are that a PK can only be carried out once. Apart from that, there is also a provision that the public prosecutor cannot carry out request for reconsideration. This raises the question of whether these restrictions do not conflict with the principles of justice. This research was studied using normative juridical methods based on existing legal provisions and decisions. So the results of this research show that …

Negara Dan Monopoli Alamiah Serta Perkembangan Di Indonesia, Teddy Anggoro

Jurnal Hukum & Pembangunan

Natural monopoly is a controversial theory to be developed or implemented in today's world. It is important to note that every time an economic crisis hits the world, at that time natural monopoly loses its popularity, because it is the party to blame for the economic crisis that occurs, especially if the natural monopoly is held by State-Owned Enterprises (BUMN). Indonesia is one of the countries that through the BUMN Law prohibits natural monopoly on certain industries to be applied. This becomes important to study considering that natural monopoly itself is a way to achieve efficiency, such as the goal …

Implikasi Pengaturan Konglomerasi Keuangan Terhadap Sektor Perbankan Di Indonesia Pasca Ditetapkannya Undang-Undang 4 Tahun 2023 Tentang Pengembangan Dan Penguatan Sektor Keuangan, Gumelar Taufik Yugo Rahmanto

Jurnal Hukum & Pembangunan

This paper focuses on the regulatory implications of financial conglomeration on the banking sector in Indonesia after Law 4 of 2023 on the Development and Strengthening of the Financial Sector. Financial conglomeration have a negative impact, which can create systemic risk in the financial sector. Therefore, the activities of financial conglomerates need to be regulated and supervised in a comprehensive and integrated manner. Through Law 4 of 2023, the Government regulates financial conglomerates and strengthens the OJK institution in conducting integrated regulation and supervision of financial conglomerate activities. With the issuance of Law 4 of 2023, it has implications for …

Kompetensi Mutlak Badan Penyelesaian Sengketa Konsumen Dalam Sengketa Lelang Barang Gadai: Studi Putusan Nomor 16 Pk/Pdt.Sus-Bpsk/2020, Barus Mario Ari Leonard, Sri Laksmi Anindita

Jurnal Hukum & Pembangunan

The authority of Consumer Dispute Settlement Agency (BPSK) in settling consumer dispute is regulated in a limited cause. In the Verdict No. 16 PK/Pdt.Sus-BPSK/2020, Judges verdict that BPSK has no authority in giving verdict for settling dispute between pawn giver and pawn taker in the case of pawn auction. This happen though the verdict of BPSK has been approved by Judges of first degree court and appellate court. The verdict was analyzed in this writing with the qualitative method. BPSK is alternative dispute resolution board between consumer and business industry. Agreement with pawn company and pawn giver was mainly debt …

Penyelenggaraan Pelindungan Data Pribadi Oleh Notaris Berdasarkan Undang-Undang Nomor 27 Tahun 2022 Tentang Pelindungan Data Pribadi, Intan Permata Mipon, Mohamad Fajri Mekka Putra

Jurnal Hukum & Pembangunan

The endorsement of the Personal Data Protection Law (“UU PDP”) is aimed to providing legal certainty regarding protection for Indonesian citizens against various types of digital crimes. Therefore, entities processing personal data must adhere to the rules and principles stipulated in the UU PDP. In line with this, a Notary in the execution of their services is not exempt from storing and processing their clients personal data to be included in Notarial deed. Hence, under the Notary Profession Law, a Notary has the obligation to maintain the confidentiality of their profession while carrying out their duties. This raises the question …

Upaya Mediasi Melalui Lembaga Alternatif Penyelesaian Sengketa Sektor Jasa Keuangan (Laps Sjk): (Studi Kasus Sengketa Rehabilitasi Daftar Hitam Nasional (Dhn) Pt X Dan Bri), Benedetto Setyo Utomo

Jurnal Hukum & Pembangunan

Salah satu upaya penyelesaian sengketa di luar pengadilan yang dapat dilakukan oleh LAPS SJK adalah mediasi. Mediasi selain untuk menyelesaikan sengketa, dapat pula bertujuan untuk melindungi hubungan baik yang telah ada di antara para pihak, sehingga walaupun terjadi sengketa, hubungan antara para pihak, di mana dalam hal ini adalah bank dan nasabah, dapat dijaga secara berkesinambungan. Mediasi pada LAPS SJK bersifat rahasia dan mengutamakan win-win solution, sehingga memberikan kenyamanan bagi para pihak yang bersengketa dan mampu menjaga kepercayaan nasabah terhadap sektor jasa keuangan seperti bank. Selain itu, upaya mediasi melalui LAPS SJK menawarkan proses penyelesaian yang lebih cepat, lebih murah, …

Kawasan Strategis Pariwisata Nasional (Kspn) Borobudur Dalam Perspektif Poltik Hukum Otonomi Daerah, Triantono Triantono, Muhammad Marizal, Muhammad Ardhi Razaq A

Jurnal Hukum & Pembangunan

Policy of the Borobudur National Tourism Strategic Area (KSPN) still has problems in terms of central and regional legal policy relations, village authority, and the approach of community participation. Research related to this was carried out using a normative juridical method with an empirical approach. Data was collected through the collection of legal materials, observations, in-depth interviews, and FGDs with key groups. The collected data is then processed and analyzed to produce an analytical description. The results of the study show that the policy of the Borobudur area as a strategic national tourism area (KSPN) opens opportunities, especially in improving …

Justice Collaborator Dalam Pertimbangan Hakim Memutus Perkara, Amalina Fikriyah, Ali Masyhar, Cahya Wulandari

Jurnal Hukum & Pembangunan

Justice Collaborator, which refers to the cooperation between a non-primary perpetrator and law enforcement in uncovering organized crimes, is often used to expose cases of extraordinary crimes. The concept of a Justice Collaborator has become a topic of public discussion following the case involving the murder ordered by Ferdy Sambo, where Ferdy Sambo instructed Richard Eliezer to kill Jhosua Hutabarat. Richard Eliezer was found guilty by the court and was designated as a Justice Collaborator.

Standardization Of A Technique For Obtaining Dna From Footprints, Gibrán Galindo-Martinez, Karla Villarreal-Sotelo, Cynthia Marisol Vargas-Orozco, Ernesto Leal-Sotelo, Ignacio Hernandez-Rodriguez, José Francisco Flores-Gómez, Esperanza Milagros Garcia-Oropesa

Research Symposium

Currently our country has high numbers of missing persons, Tamaulipas being one of the states with the highest rate of disappearances. The identification of people has become more important thanks to the development of molecular techniques. However, the limitations are very high, because it is necessary to compare the genetic pattern of the disappeared with the parents. Therefore, the objective of this research is to standardize a genomic DNA extraction technique from contact surfaces for its subsequent implementation in the identification of disappeared, allowing the comparison of the genetic pattern with the disappeared itself. For this, genomic DNA extraction was …

Free, Prior Informed Consent And Extractive Industry: Indigenous Action Is The Past, Present, And Future Of Global Environmental Justice, Paige Bellamy

Environmental and Earth Law Journal (EELJ)

Free, Prior Informed Consent ("FPIC") from the UN Declaration on the Rights of Indigenous Peoples has been central to global Indigenous action against extractive industries’ harmful practices. Yet, it is often not fully recognized as a sovereign right, which hinders Indigenous peoples’ ability to use it to its full potential. Historically, FPIC has been deemed a consultation right, not a right to “veto” industry action on Indigenous land. Countries that have interpreted FPIC as a mere consultation right have allowed further exploitation of Indigenous peoples, usually leading to environmental and humanitarian disasters. However, when courts have respected the right to …

Soaps And Shampoos: Proposals To Reform Regulation In The United States Personal Care Market To Decrease Deforestation From Palm Oil Imports, Kelsey Weston

Environmental and Earth Law Journal (EELJ)

Palm oil is the world's most highly sought-after vegetable oil due to its multifaceted uses and cheap cost of production. However, producing this versatile oil comes at a high cost to one of the largest biodiversity on the planet. Over the last two centuries, Indonesia and Malaysia have become the main producers and exporters of palm oil but they are also home to the largest number of mammal species in the world that have seen a staggering decline in populations. Furthermore, palm oil production has caused excessive release of greenhouse gases, increased disruption of forestland, and economic poverty for smallholders …

Nuclear Powered International Commercial Shipping: A Note On The Greenest Solution And The Challenges Of International Regulation, Rebecca Mcreynolds

Environmental and Earth Law Journal (EELJ)

To meet the environmental demands imposed by the International Maritime Organization, the commercial shipping industry’s use of predominantly marine diesel fuel will need to change drastically. Current answers to these environmental concerns include the use of biofuels, battery packs, and liquified natural gas, but these are short-term solutions that will not fully meet environmental demands in the long run. Nuclear propulsion, however, is a tried-and-true resolution. The use of nuclear energy results in virtually no environmental impact and has successfully been used by the US Navy for the past 75 years. Unfortunately, the commercial use of nuclear propulsion is stalled …

Reversing Quiet Destruction: Florida's Attempt To Regulate Pfas Known As Forever Chemicals, A. Colleen Donald

Environmental and Earth Law Journal (EELJ)

Introduced by manufacturing companies in the 1940s, Per-and polyfluorinated substances (“PFAS”) which consist of a group of over 6,000 chemicals, have insidiously made their way into the bloodstream of humans and into the environment. These nearly indestructible, “forever chemicals” that were once thought to be safe for use in firefighting foams, cosmetics, food packaging, non-stick cookware, and water-resistant clothing, are now found to be toxic. PFAS have been found in animals, aquatic life, and natural resources, and are associated with illnesses in humans: PFAS have been linked to various cancers, reproductive issues in women, and birth defects in children. As …

The Santa Clara, 2023-09-29, Santa Clara University

The Santa Clara

No abstract provided.

Cardozo Law News Brief: September 29, 2023, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2023

Featured Faculty:

• Alexander Reinert
• Andrea Kupfer Schneider
• Samuel Weinstein
• Pamela Foohey
• Jocelyn Getgen Kestenbaum
• Rebecca Ingber
• Peter Goodrich
• Young Ran (Christine) Kim

Events:

• Book Launch: Judicial Uses of Images: Vision in Decision
• The International Tax Revolution: A Symposium
• Center for Rights & Justice Book Talk: Radical Acts of Justice
• Bauer Lecture with the Honorable Judge Dale Ho
• Symposium on A Pluralist Theory of Constitutional Justice
• REDRESS Mediation After 25 Years

Walking The Talk: An Exploration Of Pathways In Implementation Of The 2013 Marrakesh Treaty - A Case Study Of Uganda, Anthony C.K. Kakooza

Joint PIJIP/TLS Research Paper Series

The Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled, is a WIPO administered treaty on copyright that was adopted in Marrakesh, Morocco, on 27^thJune 2013. The year 2023 therefore marks 10 years since its adoption. It is therefore an ideal time to do some stock taking as to how effective the treaty has been, thus far, in creating avenues through which blind or visually impaired persons can have easier access to published works.

This article looks at the implementation of the Marrakesh Treaty specifically in Uganda where …

Darlene Rouse, Appellant/Petitioner V. Utah Labor Commission, Walmar, And/Or New Hampshire Insurance Company, Respondents / Appellees : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

AN APPEAL FROM THE LABOR COMMISSION OF UTAH

Jaceson Maughan, DAVID H. TOLK, Attorneys for Respondents

Loren M. Lambert, Attorney for Appellant

Prosecutorial Data In Maine: Themes And Trends From 2017-2021, Tara Wheeler Mppm, Julia Bergeron-Smith Mppm, Msw, George Shaler Mph

Maine Statistical Analysis Center

The Maine Statistical Analysis Center (SAC), partnered with the Maine Prosecutors Association (MPA) to establish statewide and by-district prosecutorial data for a five-year period (2017-2021). These baseline data are for a variety of criminal cases, charges, and outcomes and this report is the first of its kind for Maine. The MPA sought to detail these baseline figures and trends in an annual report to both support the ongoing work of Maine’s District Attorneys to address serious crime through data-informed decision-making and to enable key stakeholders and the public to better understand how limited public resources are being used by their …

Bernard Parks, Jr., Et. Al. V. Kelly King Et Al., Order On Cross Motions For Summary Judgment Regarding Plaintiffs' Claims Against Defendants, John J. Goger

Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions

No abstract provided.

Saint Joseph Health System, Et. Al. V. Emory Healthcare, Inc., Et Al., Order On Cross Motions For Summary Judgment, John J. Goger

Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions

No abstract provided.

Japanese Legal Challenges In Rescuing Nationals Abroad, Yurika Ishii

International Law Studies

This article explains Japanese legal challenges in rescuing its nationals abroad and analyzes the mechanisms that limit Japanese Self-Defense Force responses to potential crises. The scope of analysis encompasses Japan’s national security laws, defense policies, and engagement in bilateral and multilateral cooperation. It provides noncombatant evacuation operation case studies to explore collaboration between the rescuing State, the host State, and third parties.

The article outlines Japanese laws and policies regarding the Self Defense Force’s mandate to rescue Japanese nationals abroad. It focuses on details of current legislation that provide authority and limitations for the operation. It will also track the …