Law Commons^™

From Aid To Looting: Justice And Sovereignty Issues In The Ukraine–U.S. Mineral Deal, Petra Gümplova

Emancipations: A Journal of Critical Social Analysis

This essay identifies three central moral and political issues with the the Ukraine–U.S. Mineral Deal. First, by linking financial and military assistance to access to Ukraine’s natural resources, the deal entrenches a form of resource conditionality that is highly problematic from the moral standpoint of international justice and other ethical principles. Second, the absence of a commitment to a just peace—including the restoration of territorial integrity, reparations, and security guarantees—renders the conditions for secure, long-term investment in Ukraine’s extractive economy a distant prospect, while raising the risk that a substantial portion of Ukraine’s resource wealth unlawfully seized by Russia will …

Neofeudalism: The Messy Political Economy Of Transitioning To Something Worse, Jodi Dean

Emancipations: A Journal of Critical Social Analysis

No abstract provided.

Neofeudalism And Its Historical Unraveling. A Review Of Jodi Dean’S Capital’S Grave: Neofeudalism And The New Class Struggle (Verso Books, 2025), Jiang Lan

Emancipations: A Journal of Critical Social Analysis

American Marxism political scholar Jodi Dean’s concept stands out from the numerous neofeudalism intellectual currents. In her early work, she proposed the concept of “communicative capitalism” as a more advanced form relative to traditional capitalism. However, in the development of her thought during the early 21st century, she demonstrated a trajectory from political critique to the critique of communicative political economy. Having become aware of the issue raised by McKenzie Wark in Capital is Dead concerning capitalism’s descent into an even more dire historical phase, Dean too perceives contemporary capitalism as potentially entering a state of decline, transitioning into a …

Chantal Mouffe And Albena Azmanova, Forty Years After Hegemony And Socialist Strategy (A Conversation), Chantal Mouffe, Albena Azmanova

Emancipations: A Journal of Critical Social Analysis

No abstract provided.

Universities Can’T Be Politically Neutral, But They Can Be Pluralistic, Enzo Rossi

Emancipations: A Journal of Critical Social Analysis

No abstract provided.

Lawyers Without Courts In Trumpland, Arjun Appadurai

Emancipations: A Journal of Critical Social Analysis

No abstract provided.

Borderlands, Nepantla And Interdependence: Some Notes About Onto-Epistemology In Gloria Anzaldúa’S Work, Martha Palacio Avendaño

Emancipations: A Journal of Critical Social Analysis

The purpose of this piece is to introduce some of the key concepts in Gloria Anzaldúa’s work. A Chicana feminist philosopher, Anzaldúa was born in a little town in Texas in 1942 and passed away in 2004. I am going beyond her idea of borderlands to point out that her idea of Nepantla offers multiple options for approaching our social reality, such as tracing diagnoses and evaluating the social conditions for the constitution of an emancipatory political subjectivity. Nepantla constitutes an analytical way for understanding the plurality of gender experience as well as a path of knowledge in the process …

Organizing Identities: The Power Of Technofeudalism In A Precarious World – Milei, Youth Precarity, And Post-Partisan (“Anti-Everything”) Identities In Contemporary Argentina, Valeria Brusco

Emancipations: A Journal of Critical Social Analysis

This article explains why an anti-state radical-right agenda can become politically effective in contemporary Argentina by shifting the focus from ideology to the organization of identities. Drawing on survey evidence (ENCResPA, 7,130 online cases collected in 2022) and a corpus of anonymized semi-structured interviews with young people (2024–2025), I argue that Milei’s appeal is best understood as a form of negative politicization: a post-partisan stance built around rejection of mediation (parties, unions, experts, public institutions) and condensed moral narratives (“caste,” “cuts,” “freedom”). I identify an “Anti-Everything/Anti-Todo” identity as an electorally available and affectively intense orientation that travels efficiently …

The Present Interregnum: The Ultra-Right Revolution, María Pía Lara

Emancipations: A Journal of Critical Social Analysis

This paper deals with recent political consequences of presentism as conceptualized by the historian Francois Hartog. It clarifies how our experiences of time and history have enlarged the present and the past and have almost disappeared the future (except for catastrophic views). The consequences of these changes in the experiences reflect profound changes in expectations about the future, and how this regime of historicity allows people to become disoriented. They were moved into the margins of precarity. As a result, many of their views on politics find resonance redesigned by the distorted narratives of ultra-right leaders who blame those who …

Why I Am An Activist, Mirella Elgersma

Emancipations: A Journal of Critical Social Analysis

No abstract provided.

An Evidence-Based Approach To Fair Use, Clark D. Asay, Cree Jones, Cassidy Mccleary, Stephanie Plamondon

Georgia Law Review

Recent Supreme Court cases have opened the door for market effects to play an even more prominent role in copyright law’s fair use defense to copyright infringement. Historically, however, market effect analysis under fair use’s factor four has either been largely speculative or merely a repackaging of analysis done under the first three factors of the fair use defense. We argue that recent developments in data availability and causal estimation in the social sciences enable litigants and courts in many cases to engage in a more fulsome and credible analysis of market effects in fair use cases. As a proof …

Lawyering In The Wake Of Loper Bright: How Loper Bright Is Shifting Advocates' Argumentation Style, Russell Kiser

Georgia Law Review

The Supreme Court definitively overruled Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc. in the landmark decision of Loper Bright Enterprises v. Raimondo, marking the most consequential transformation of administrative law in four decades. Prior to Loper Bright, Chevron’s deferential two-step framework provided the standard by which courts interpreted statutes administered by federal agencies. Loper Bright abrogates Chevron’s familiar standard, holding that courts should no longer defer to an agency’s interpretation of its enabling statute whenever the statute is deemed ambiguous. This shift in precedent potentially opens the floodgates for challenges to agency action based …

Pet Shops And Preemption, Genevieve Schaaf

Georgia Law Review

In December 2019, the Georgia Office of the Attorney General released an Opinion stating that the City of Canton Code of Ordinances, Chapter 18, Article XIV restricting the sale of pets by retail pet shops was in direct conflict with the Georgia Animal Protection Act and therefore preempted under the Georgia Constitution’s Uniformity Clause.

This Note seeks reconsideration of the Attorney General’s Opinion and argues that despite the Attorney General’s Opinion, local ordinances restricting the kinds of animals available at pet shops should remain a legally viable way for local governments to reduce the retail sale of cats and dogs.

Green Bonds As A Green Investment To Prevent Greenwashing And Green Financial Crime In Indonesia, Cita Yustisia Serfiyani

Indonesia Law Review

Overcoming the climate crisis should not only be pursued from the aspect of technological invention but also from the financial aspect through issuing securities instruments that align with the green economy mission. Unfortunately, irresponsible parties such as corporations still use the green economy concept for personal gain through greenwashing and green financial crime. The presence of green bonds as green instruments shows a positive trend towards improving the quality of environmentally friendly technological innovations, building green infrastructure, and increasing income in line with increasing public participation in climate issues. However, its application in Indonesia is constrained by the complexity of …

Reconstruction Of Competition Law: Preventing Monopolization Through Data Exploitation In E-Commerce, Diana Fitriana

Indonesia Law Review

Tujuan penelitian ini adalah menganalisis nilai big data dan implikasinya terhadap monopoli usaha, mengkaji perbandingan hukum persaingan usaha dan mengkaji kelemahan hukum persaingan usaha Indonesia, serta menganalisis rekonstruksi hukum Undang-Undang Larangan Monopoli dan Persaingan Usaha Tidak Sehat di masa mendatang. Penelitian ini menggunakan penelitian yuridis normatif (doktrinal) dengan pendekatan perundang-undangan dan konseptual dengan teknik pengumpulan data melalui kajian pustaka, analisis isi, dan studi kasus. Data tersebut kemudian dianalisis secara kualitatif untuk menghasilkan informasi yang komprehensif dan menarik simpulan yang relevan. Big data memiliki kapasitas untuk memicu perilaku monopoli karena mencerminkan permintaan pasar konsumen. Namun, regulasi persaingan di Indonesia kurang dalam …

The Indonesian Guardianship And Indonesian Private International Law, Tiurma Mangihut Pitta Allagan, Dinda R. Himmah, Amirah Hisana

Indonesia Law Review

The increasing of number of cross-border legal relationships, especially family legal relationships, is inevitable. For instance, it is also commonly accepted for a foreign national to have a legal-bond with children from another country, which is also known as intercountry adoption, guardianship and fostership. This paper aims to analyze and classify guardianship involving international dimension within the jurisdiction of Indonesia. The examination of this legal question would be on the basis of Indonesian Private International Law (PIL). The choice of law and the choice of jurisdiction are the basic analysis, further, as to whether the guardianships are in line with …

Governing Cyberterrorism In Indonesia: Resilience And Gaps In The Draft Cybersecurity Law (Ruu Kks 2025), Eko Setyo Utomo

Indonesia Law Review

Indonesia’s accelerating digital transformation and persistent terrorist threats expose both resilience gains and governance gaps in its cybersecurity framework. This article examines the Draft Law on Cybersecurity and Resilience (RUU KKS 2025), which consolidates the authority of the National Cyber and Encryption Agency (BSSN) and strengthens protections for critical information infrastructure. While the bill enhances technical resilience and institutional coordination, it remains silent on cyberterrorism, leaving statutory, institutional, and international gaps. Drawing on cybersecurity theory, securitization theory, and hybrid warfare theory, the study argues that resilience without terrorism-specific provisions is strategically insufficient. Comparative analysis with the United Kingdom’s Terrorism Act, …

The Implementation Of An International Treaty Across A Small Island Developing State: The United Nations Convention On The Elimination Of All Forms Of Discrimination Against Women (Cedaw) In Cabo Verde, Lydia Landim

Graduate Doctoral Dissertations

The UN Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) was adopted by the UN General Assembly in 1979. To date, it is the most comprehensive international treaty for women’s rights. Cabo Verde, a small island developing state located off the west coast of Africa, ratified CEDAW in 1980. As an archipelago, Cabo Verde serves as a unique case study for treaty implementation, particularly, as literature on small island developing states has established that these states face unique challenges when it comes to implementation of laws, policy, and to governance overall, all of which heavily intersect …

Toxic Chemicals Lurking In Our Personal Care Products: States’ Proactive Approach To A Pressing Problem, Savannah Stanley

Georgia Law Review

The average American uses a number of personal care products daily, but the safety of many ingredients commonly used in these products is debatable. While the FDA regulates most personal care products as “cosmetics,” it only bans eleven chemicals from use in covered products. The FDA has yet to prohibit chemicals of concern like parabens, phthalates, formaldehyde, and PFAS (“forever chemicals”).

In response to FDA inaction amidst growing safety concerns, states began passing laws to prohibit certain chemicals from use in personal care products. California was the first state to act. In 2020, it passed the Toxic-Free Cosmetics Act, banning …

Editorial, Niveditha K. Prasad

Socio-Legal Review

No abstract provided.

Table Of Contents

Georgia Law Review

No abstract provided.

The Original E-Discovery: Civil Justice Reform And A Return To The Equitable Origins Of Discovery, Patricia I. Mcmahon

Osgoode Hall Law Journal

In the autumn of 2023, the Chief Justice and Attorney General of Ontario announced a broad new effort to review the rules of civil procedure to make civil dispute resolution more efficient and less expensive to enhance access to justice in the province. However, such efforts to reform the rules of civil procedure are nothing new.

This article examines the historical and contemporary aspects of civil justice reform in Ontario, focusing on the pre-trial discovery process. Among the most expensive aspects of the civil litigation process, discovery began as an equitable tool, with roots in the English Court of Chancery. …

Translating The “Preposition + Which” Construction In English Legal Texts Into Indonesian, Doni Jaya

Paradigma: Jurnal Kajian Budaya

Legal text translation is challenging because of its emphasis on semantic and syntactic faithfulness, while ST structures do not always have correspondent TL equivalents. One of such structures is the English “preposition + which” (PW) construction. This construction can be difficult to translate into Indonesian because the language does not always have ready-to-use connectors to produce a structurally faithful translation, often forcing translators to take the easy way of using ungrammatical and unnatural connectors which becomes the hallmark of the Indonesian legalese style. This research seeks to examine various ways to translate PW constructions in a more grammatical and …

Modular Construction And The Building Blocks Of Litigation: Navigating The Legal Framework Between The Ucc And Common Law, Rilee White

Georgia Law Review

The development of modular construction has re-raised a question central to construction litigation: whether contracts are governed by Article 2 of the UCC, which controls transactions in goods, or the common law, which controls other transactions, including those for services. Because the modular construction process involves fabrication of units off-site, it complicates the distinction between goods and services—while the final product is the service of constructing a building, the individual modules could arguably be classified as goods.

Although courts have historically treated processes involving prefabrication as the sale of goods, modern modular projects are increasingly becoming more customizable and service-driven. …

The Future Of The Furman Challenge To The Death Penalty, Scott W. Howe

Georgia Law Review

This article revisits the core argument against the death penalty that Professor Anthony Amsterdam offered in Furman v. Georgia. The article situates itself, however, in a modern, forward-facing context by accounting for post-Furman death penalty developments. These include the thirteen federal executions during the last six months of President Trump’s first term, the thirty-seven commutations of federal death sentences by President Biden, and the executive order by President Trump, issued on the first day of his second term, directing vigorous use of the federal death penalty and aid and encouragement in the use of capital punishment by the …

Gamesmanship In Civil Litigation, Edith Beerdsen

Georgia Law Review

In civil litigation, strategy is everywhere. Some of it is explicitly envisioned by rules of procedure, but other forms of strategy rely more on clever exploitation of gaps in the rules, sometimes through trickery, surprise, or psychological mind games. The role strategy plays in civil litigation is underexamined, which raises two concerns: first, this lack of attention entrenches strategy by default as a procedural value in competition with accuracy, efficiency, and other procedural values. Second, it amplifies the disadvantages experienced by unrepresented litigants. This Article builds on earlier work to examine how courts shape the space that litigants have for …

Gravitational Property Theory, Monika U. Ehrman

Georgia Law Review

Isaac Newton and Albert Einstein defined and redefined the field of physics. Their theoretical work on gravity is still considered a monumental discovery of their respective times. Although born centuries apart, the theory of gravity each advanced is still essential. Newton’s theory is applied on Earth and throughout much of the solar system, while Einstein’s theory is used in special environments, such as near black holes. Neither theory is discarded, but instead used where appropriate. Likewise, gravitational property theory proposes that simple property theory—the ad coelum doctrine—is still appropriate for simple property, like stationary or vertical objects. And complex property …

Reassessing Indonesia's In-Kind Benefit Tax Regulation: Insights From Australia, Florencia Irena Gunawan, Maria Na Uli Salsabilah Sabililah

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

This research critically assesses Indonesia's in-kind benefit tax regulatory framework based on the principles of equity, certainty, and neutrality, drawing comparative insights from Australia's fringe benefits tax system. Utilizing a normative juridical method, this study finds that integrating in-kind benefits into Indonesia's income tax framework poses several challenges. First, under the equity principle, current valuation methods do not accurately reflect employees' ability to pay, potentially resulting in inequitable tax burdens. Second, under the certainty principle, ambiguities in the exemption rules may create risks of differing interpretations between taxpayers and tax authorities. Third, under the neutrality principle, differential treatment across industries …

Achieving Judicial Consistency Through The Establishment Of Civil And Criminal Chambers In Indonesia's District And High Courts, Dwi Bintang Satrio, Efa Laela Fakhriah, Artaji Artaji

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

The Supreme Court of the Republic of Indonesia has implemented the chamber system to achieve judicial consistency and fulfil the fundamental objectives of law, namely legal certainty, justice, and expediency. However, despite this effort, inconsistencies in judicial decisions remain prevalent, particularly in civil and criminal cases at the district and high court levels. This study employed a normative juridical approach supported by case analysis to examine the effectiveness of the current chamber system in achieving judicial consistency and to identify structural weaknesses that hinder its optimal implementation. The results reveal that judicial inconsistencies are found in several court decisions, such …

The Death Penalty For Bribery-Related Corruption In Social Assistance During Non-Natural Disasters: A Legal Certainty Perspective, Elly Sudarti, Sahuri Lasmadi, Andi Agus Salim, Riana Devi Lestari, Mohammad Thoriq Bahrie

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

This article analyzes the judge's verdict regarding the bribery corruption of social assistance during a non-natural disaster committed by Juliari Batubara. It questions whether such bribery corruption can be punishable by the death penalty. Juliari was not sentenced to death because the law only threatens the death penalty under natural disaster conditions, and COVID-19 is not considered a natural disaster. The death penalty is only threatened for corruption under Article 2, paragraph 2, not for bribery corruption. The judge's decision followed conventional legal norms, resulting in a verdict that was overly normative and failed to address the issue. This article …