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Law Library Blog (September 2025): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

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Scripted For Surveillance: Parole Revocation Hearings And The Performance Of Procedure In New York, Kelsey G. Greeff

Dissertations, Theses, and Capstone Projects

This thesis examines parole revocation hearings in New York as complex performances that extend carceral control beyond prison walls. Drawing on a composite vignette from the Bronx parole court, it analyzes the interplay between procedural reform, constitutional due process, and neoliberal governance. Using a dramaturgical framework informed by Michel Foucault’s discourse analysis and Judith Butler’s theory of performativity, the study identifies four interrelated processes: the judge as director, who orchestrates hearings according to institutional priorities; normalization, where repetition embeds structural inequality as routine; type-marking, the classification of parolees into predefined roles through accumulated records and cues; and the extension of …

Prerogative In Common: On The Emancipatory Potential Of Radical Mutuality Amid Sovereign Decisionism, Matthew Builes

Dissertations, Theses, and Capstone Projects

In times of crisis, liberal democracies resort to authoritarian measures that undermine core democratic values. Dominant thought in the study of emergency-era law and politics appeal to a dichotomy of normal and exceptional times, to critique or justify the turn to sovereign decisionism. While this strategy seems clear-cut, the persistence of exceptional spaces and the crises that supposedly generate them challenge existing frameworks by blurring the line between norm and exception. This project explores the prospect of radical mutual aid, as a transformative response to the enduring crisis of modernity.

Civil Servant Disobedience: An Alternative Legal Strategy To Prevent Bureaucratic Pathology, Richo Andi Wibowo

The Indonesian Journal of Socio-Legal Studies

This paper seeks to provide conceptual and empirical justifications for civil servants to engage in disobedience to curb bureaucratic pathology. Various civil servants have long complained that they face illegal instructions from their superiors. The cases discussed here are from public procurement, which has a dimension of political corruption, a recurring problem in many places in Indonesia. Thus, the problem shall be seen as a bureaucratic pathology rather than as maladministration. As the reporting of superiors to legal enforcers may be too risky, the disobedience can be accomplished by refusing to cooperate with superiors who give illegal instructions. The term …

Editorial Foreword Ijsls Volume 4 Number 2, Sulistyowati Irianto

The Indonesian Journal of Socio-Legal Studies

This edition features a variety of articles on legal issues and policies, and their implementation. These articles enrich interdisciplinary legal studies. Topics covered include inheritance governance in Malaysia, the institutionalised mediation of family legal matters in Bangladesh, the strategies employed by female heads of households in Indonesia to survive through self-organisation, the collapse of democracy in Indonesia after 38 years of reform, and the country's role as a transit point or destination for refugees and the problems this poses.

Kegamangan Sistem Perlindungan Dan Pengelolaan Lingkungan: Melihat Uu Ciptaker Dari Perspektif Prinsip Non-Regresi, Andri G. Wibisana

Jurnal Hukum & Pembangunan

This article evaluates the Environmental Protection and Management Law (UUPPLH) as amended by the Omnibus Law on Job Creation (UUPPLH-Ciptaker) and its implementing regulations. The evaluation uses the normative framework of the principle of non-regression to assess whether the provisions of the UUPPLH-Ciptaker and its implementing regulations represent a setback compared to the legal conditions prior to the enactment of the Omnibus Law. This paper argues that the changes introduced by the UUPPLH-Ciptaker indicate several regressions in Indonesia’s environmental law, particularly in the following areas: a) the weakening of provisions on Environmental Impact Assessment (AMDAL) and Environmental Management and Monitoring …

(When) Can Trade Wars Be Good?, Henry S. Gao, Weihuan Zhou

Research Collection Yong Pung How School Of Law

‘Trade wars are good, and easy to win,’ tweeted Donald Trump in 2018. The US–China trade war that followed proved otherwise – especially when confronting a major economic power. Yet, can trade wars ever be good? While the academic consensus holds they harm all participants, we argue that under certain circumstances they can produce positive outcomes. Set against the backdrop of the Liberation Day tariffs announced on April 2, 2025, this paper examines the limits of the Ricardian free trade model underpinning the current multilateral trading system, identifies when trade wars may serve strategic goals, and explores alternative rules to …

Government Vicarious Liability And The Concept Of Deemed Equality With Private Persons, Gary K. Y. Chan

Research Collection Yong Pung How School Of Law

The immunity against Crown liability was abolished in the United Kingdom in 1948 based on the Diceyan notion of rule of law and deemed equality under the law between public officials and private persons. This paper analyses government vicarious liability in respect of the acts and omissions of public officers under the Singapore Government Proceedings Act with reference to the concept of deemed equality. We will discuss the scope of the statute in light of recent common law developments in vicarious liability, statutory exceptions to government vicarious liability that may be justified by the functions of the government in the …

Predisposed: Race, Disability, And Death Investigations, Britney Wilson

Articles & Chapters

Disability, preexisting conditions, or underlying conditions might seem like uncontroversial factors to cite when determining an individual’s cause of death. However, many death investigators have also cited these conditions in deaths caused by state violence or neglect. For example, a 2021 study found that medical examiners cited sickle cell trait, a gene mutation, as a cause or significant factor in the deaths of forty-seven Black people who died in police custody in the past twenty-five years. Sickle cell trait is a relatively common and benign trait disproportionately found in Black people in the United States. It is also distinct from …

Privately Provided Equitable Services Root Out Unconstitutional “Secular, Neutral, And Nonideological” Restrictions From Education Law, Nicole Stelle Garnett, Sean Tehan

Books

Manhattan Institute Issue Brief

A Settlement By “Any Other Name”: Evaluating The Sustainability Of Settlement Mechanisms, Dorcas Quek Anderson

Research Collection Yong Pung How School Of Law

Private settlements have been consistently encouraged by the Singapore civil justice system. Depending on the context, the settlement may take on many forms, including consent orders and settlement agreements. This begs the question of whether the exact form of settlement matters, or whether a settlement “by any other name” suffices. This article proposes the concept of “sustainable settlements” – comprising the measures of ease of enforcement, finality, and confidentiality – to holistically appraise the effectiveness of settlement mechanisms. The assessment of six settlement mechanisms using these measures clearly indicates that not every mechanism is equally sustainable. Exploring settlement amidst the …

How To Strengthen The International Competitiveness Of Capital Markets, Aurelio Gurrea-Martinez

Research Collection Yong Pung How School Of Law

Global capital markets are undergoing profound transformation. Over the past decade, there has been a marked decline in Initial Public Offerings (IPOs) in most advanced economies, including those with highly developed capital markets such as the United Kingdom and the United States. Interestingly, during the same period, countries like Indonesia, Malaysia, Thailand, and particularly China have witnessed a significant increase in the number of listed companies, contributing to making Asia home to approximately 55 percent of all listed companies worldwide (OECD, 2025). Much of the decline in IPO activity in many advanced economies can be attributed to the expansion of …

Death Penalty For Drug Offenders In Southeast Asia: Weakening Of Resistance To Change?, Wing Cheong Chan

Research Collection Yong Pung How School Of Law

Although the global movement towards abolition of the death penalty has been supported by an increasing number of countries in the world, the number of persons executed for drug offences actually increased in the last few years. Known executions for drug offences now account for more than 40 per cent of all global executions. Most such executions take place in Asia. Of the 34 countries in the world that still retain the death penalty for drug offenders, all nine of those identified as “high application states” (China, Indonesia, Iran, Kuwait, Malaysia, North Korea, Saudi Arabia, Singapore and Vietnam) are found …

Bridging The Great Wall: China’S Evolving Cross-Border Data Flow Policies And Implications For Global Data Governance, Sheng Zhang, Henry S. Gao

Research Collection Yong Pung How School Of Law

Despite the rapid expansion of the digital economy, the global regulatory framework for data flows remains fragmented, with countries adopting divergent approaches shaped by their own regulatory priorities. As a key player in the Internet economy, China’s approach to cross-border data flows (CBDF) not only defines its domestic digital landscape but also influences emerging global norms. This paper takes a comprehensive view of the evolution of China’s CBDF regime, examining its development through both domestic and international lenses. Domestically, China’s regulation of CBDF has evolved from a security-first approach to one that seeks to balance security with economic development. This …

A Commitment Rule For Insolvency Forum: A Response To Critics, Anthony J. Casey, Aurelio Gurrea-Martinez, Robert K. Rasmussen

Research Collection Yong Pung How School Of Law

On September 14, 2023, we sent a letter to the Secretariat of the United Nations Commission on International Trade Law (“UNCITRAL”) Working Group V (Insolvency) expressing our concern about the concept of “Center of Main Interest” (“COMI”) adopted in the Model Law on Cross-Border Insolvency (“Model Law”).1 We noted that the concept of COMI presents various weaknesses.

Fichte’S Conception Of Law And Its Foundations, Mahmoud Saraya

Theses and Dissertations

The question concerning the true nature of law has frequently arisen throughout the history of philosophy, and many different answers have been given to it. This thesis examines Johann Gottlieb Fichte’s Foundations of Natural Right (1796–1797), which exemplifies an approach to understanding the nature of law by inquiring into its metaphysical foundations. Fichte provides a conception of law founded upon the possibility of the existence of an external world, individuality, and intersubjectivity. Law, as a moment of human self-consciousness, becomes a necessity, a condition of self-consciousness, and the ultimate foundation of human existence. Fichte’s theory shows the preconditions for establishing …

Skill Gaming, Pooled Prize Money, And Minor League Professional Tennis, Ryan Rodenberg, Seth Richey

UNLV Gaming Law Journal

No abstract provided.

Crazy Rich Asians At What Cost? The Role Of Target Marketing In Perpetuating Problem Gambling In Asian Communities, Jana Marquez

UNLV Gaming Law Journal

No abstract provided.

The House Always Learns: Integrating Ai Into Las Vegas Casino Surveillance And The Laws Behind The Lens, Taylor Dixon

UNLV Gaming Law Journal

No abstract provided.

The Collision Course Between Outdated State Laws And Automated Vehicles, William Hubbard, Colin Starger

Articles

America stands at the precipice of a vehicular revolution. Myriads of self-driving vehicles—often referred to as “automated vehicles” or “AVs”—are already rolling out across the nation, and innovators assert that AVs will make our roads safer, less congested, and more economically productive. However, reaching these dreams of self-driving utopias will require more than just technological progress. The uses of traditional vehicles are heavily regulated by hundreds of thousands of state laws that ensure public safety, health, and order. Will these traditional laws still make sense when AVs shift the paradigm? Despite the hype and optimism of many AV advocates, this …

Categorial Declinations & Democracy, Brenner M. Fissell

Faculty Publications

The most contentious action taken by reform prosecutors has been the issuance of categorical declination policies. Opponents decry this as bureaucratic nullification of democratically enacted offenses, while the prosecutors themselves counter that they are responding to the will of their local electorate. Democracy claims, it appears, have taken center stage in this debate, and they are deployed by both sides. How should we think about democracy and categorical declinations? The most comprehensive scholarly work on this subject is a 2021 article by Professor Kerrel Murray. In this essay, I hope to continue the work begun by Murray, offering additional insights …

Against Activist Cooperation Agreements, Jennifer O'Hare

Faculty Publications

Shareholder activism is at record levels. In a typical campaign, the activist threatens to launch a proxy fight unless the board of directors agrees to take certain actions to increase shareholder value, such as selling off company assets or replacing the CEO. Increasingly, however, there are no proxy fights. Instead, the activist and the board, behind closed doors, quickly agree to settle. The activist withdraws the proxy fight threat, and, in return, the board appoints individuals designated by the activist to sit on the company board. This "Cooperation Agreement" allows the incumbent di- rectors to keep their positions and allows …

The Inevitability Of Local Environmental Law, Keith H. Hirokawa, Cinnamon Carlarne Hirokawa, Lauren A. Vanwagoner

Fordham Environmental Law Review

The United States is entering a new era of environmental law. Within the first few months of President Trump’s second term in office, the administration issued a mass of executive orders, memoranda and policy changes that seek to peel back environmental protections, in many cases, to the point of erasure. The administration shuttered entire agencies, such as USAID, dissolved the Environmental Protection Agency’s research arm, terminated life-saving programs like the National Weather Service’s translation service, cut funding to housing and public health initiatives, and eliminated diversity, equity, and inclusion programs across the country. Given the reality of these large-scale drawbacks, …

Initial Coin Offerings As An Alternative Method For Raising Capital: Legal Considerations And Regulatory Solutions In Indonesia, Juwita Patty Pasaribu, Febby Mutiara Nelson, Topo Santoso, Fransiska Ari

Indonesia Law Review

Blockchain technology has been used in various sectors, notably in facilitating crypto asset transactions, specifically for processing an Initial Coin Offering (ICO) or token sales that were first introduced in 2013. In Indonesia, it can be observed that there are several legal issues in the execution that expose them to potential misuse in the ICO transaction, leading to criminal activities. Additionally, Indonesia was ranked as the second-highest country in the world to experience crypto asset fraud schemes in 2019. To address legal issues related to ICO, this study aims to provide a comprehensive legal assessment of ICO as a modern …

Optimizing The Role Of Notaries In Digital Property Inheritance: A Comparative Legal Analysis, Tjhong Sendrawan, Rosa Agustina, Edmon Makarim, Arman Nefi, Josephine Rus Indra Sapti Ipfelkofer

Indonesia Law Review

One of the provisions in inheritance laws regarding the transfer of digital property after someone's death is a relatively new and evolving area of legal consideration. Inheritance laws were developed long before the widespread adoption of digital property, such as cryptocurrencies, non-fungible tokens (NFTs), online accounts, and other forms of digital property. As a result, existing inheritance laws often lack clear guidance on how to control the legal transfer of these digital assets upon the owner's death. This article aims to analyze the legal concept of digital property to be inherited and to provide solutions for current digital property inheritance …

No Trade Wars Without Taxation -Who's To Blame, And What Comes Next?, Domenico Imparato, Reuven S. Avi-Yonah, Doron Narotzki

Law & Economics Working Papers

As tariff policy once again shapes U.S. trade strategy, this article makes a foundational claim: trade wars are, at their core, tax wars. Against the backdrop of escalating economic tensions with the United States’ trade partners, this article argues that tariffs cannot be understood apart from the fiscal architecture that sustains them. What appears to be protectionism often masks deeper structural asymmetries in the U.S. tax system.

The discussion proceeds through three interrelated dimensions: reshoring production, promoting fair trade, and raising revenue. In each, the interaction between tariffs and the tax system reveals deeper distortions. U.S. export mechanisms such as …

Managing Crowdfunding Risks In Terrorism Financing: A Mediated Analysis Of Government Intervention And Donation Intentions, Fithriadi Muslim, Eva Achjani Zulfa, Muhamad Syauqillah

Indonesia Law Review

Crowdfunding has emerged as a popular platform for collective funding of social, charitable, and commercial projects. However, its increasing use has raised concerns over potential misuse, including as a source of terrorism financing. This study investigates the relationship between donation intentions using crowdfunding and the risk of crowdfunding being used as a source of terrorism financing. Furthermore, it explores the mediating role of government intervention in this relationship. Using a Structural Equation Modeling-Partial Least Squares (SEM-PLS) second-order approach, the research evaluates the interaction between donor intentions, crowdfunding risks, and government regulations. Findings reveal that while donor intentions significantly impact the …

Legal Perspectives On Information Asymmetry In Investor Selection For Public-Private Partnership Projects Under O&M Contract, Nhu Thi Thuy Cao, An Quoc Chau, Sang Minh Luu, Thao Minh Phuong Ngo, Ha Loc Pham, Anh Phuong Nguyen

Indonesia Law Review

Information asymmetry is a common barrier in selecting investors in the form of Public-Private Partnerships (PPPs), especially in the Operation and Maintenance (O&M) contracts. This issue arises from the natural information advantage of the construction contractor and the incumbent investor in construction and operation. Although it does not stem from misconduct, such asymmetry still affects competitiveness and selection efficiency. The article analyzes the causes and legal consequences of this phenomenon through a comparative review of Vietnamese and Canadian legal frameworks while also assessing selected projects. The research methodology includes theoretical analysis, legal comparison, and a review of practical literature. The …

Counterterrorism Legislation And Its Impacts On Human Rights In Malaysia, Noor Maarof Bin Idris, Ying Hooi Khoo

Indonesia Law Review

In the aftermath of 11 September 2001, terrorism overshadowed other global security concerns. Since then, there has been significant growth in security and counterterrorism legislation and policies worldwide. The United Nations Security Council (UNSC) Resolution 1373 (2001) and 1456 (2003) authorized states to implement national legislative measures to combat terrorism while emphasizing the promotion and protection of human rights and the rule of law. In Malaysia, counterterrorism efforts have been reinforced through the Security Offences (Special Measures) Act 2012 (SOSMA), the Prevention of Crime Act 1959 (POCA) (as amended in 2015), and the Prevention of Terrorism Act 2015 (POTA). This …

Existing Together From The Beginning: Freedom To Contract And Black Mutual Aid, Cara Mcclellan

Northwestern University Law Review

In a new wave of litigation, conservative legal organizations are attempting to rely on Reconstruction-era civil rights legislation to prevent nonprofits, charities, foundations, and other privately organized groups from engaging in race-conscious work. Unlike the Supreme Court’s recent rollback of affirmative action, which dealt with universities’ ability to consider race in admissions as state actors and as recipients of federal funding, a series of lawsuits now challenge the ability of private organizations to consider race in how they invest money and resources to create social impact. Adding fuel to the fire, on January 21, 2025, President Trump issued an Executive …