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Articles 2191 - 2220 of 10600
Full-Text Articles in Law
Not Colorblind, Kimberly West-Faulcon
Not Colorblind, Kimberly West-Faulcon
Northwestern University Law Review
This Essay criticizes the use of the term “colorblind” in reference to attacks on racial diversity, equity, and inclusion (DEI) policies. It argues it is inapt and unconscionably obtuse to use colorblindness terminology to selectively target inclusion-motivated race consciousness for automatic illegality. The Essay’s central project is to examine claims underlying attacks on racial inclusion policies such as the Students for Fair Admissions, Inc. v. President and Fellows of Harvard College lawsuit to expose the legal endgame that anti-DEI forces seek to make a centerpiece of America’s future. In so doing, it surfaces the differential scrutiny of race consciousness …
Standing On Stare Decisis After Students For Fair Admissions, Areeb Asif, Lindsey Roloff
Standing On Stare Decisis After Students For Fair Admissions, Areeb Asif, Lindsey Roloff
Northwestern University Law Review
The Supreme Court recognized nearly half a century ago in Regents of the University of California v. Bakke that “the ‘nation’s future depends upon leaders trained through wide exposure’ to the ideas and mores of students as diverse as this Nation of many peoples.” Nevertheless, the Court seriously undercut efforts to bring such a future to life by striking down race-conscious admissions programs in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College and Students for Fair Admissions, Inc. v. University of North Carolina (collectively SFFA). Though SFFA’s binding effect is limited to educational institutions, …
Schools As Geopolitical Spaces: Violence Against Education During The Bosnian War (1992-1995), Allyson Bachta
Schools As Geopolitical Spaces: Violence Against Education During The Bosnian War (1992-1995), Allyson Bachta
Graduate Doctoral Dissertations
Attacks on education have long been a feature of conflict, yet their strategic use by state and non-state actors remains underexamined. Despite global concern and growing documentation efforts by the international community, the motivations and patterns behind school attacks are not well studied. This project investigates the strategic use of such violence by Bosnian, Serbian, and Croatian state and non-state armed actors during the Bosnian War (1992-1995) and challenges the assumption that attacks on schools are simply collateral damage. Drawing from political and anti-civilian violence literature, this study situates schools as both symbolic and strategic geopolitical targets, targeted not only …
Crisis Convergence, Sarah Medina Camiscoli
Crisis Convergence, Sarah Medina Camiscoli
Northwestern University Law Review
Progressive jurists and legal scholars have called the Supreme Court’s doctrine of colorblind constitutionalism that dismantled affirmative action in Students for Fair Admissions, Inc. v. President and Fellows of Harvard (SFFA) a crisis for constitutional democracy. However, scholars have not yet tended to students, particularly students mobilized for racial justice, to understand their interpretation of this race-evasive ideology and what insights those mobilized students might offer in this pivotal moment. Given the fact that a small coalition of dissenting conservative jurists, scholars, and mobilized students—the Federalist Society—spent decades crafting the doctrine, scholarship, and resources that drive colorblind constitutionalism …
Doing Away With Racial Profiling In Policing Without Doing Away With The Rule Of Law, François Tanguay-Renaud
Doing Away With Racial Profiling In Policing Without Doing Away With The Rule Of Law, François Tanguay-Renaud
All Papers
Since the turn of the millennium, Canadian appellate courts have been investing increasingly systematic efforts in demystifying and curtailing racial profiling in policing. These judicial efforts have so far been focused on the application of the legal criteria for arrest and detention as well as their regulation under section 9 of the Canadian Charter of Rights and Freedoms. In this article, I contend that this unidimensional approach is unsound and outline a corrective path forward. First, I argue that the prevailing judicial understanding of what racial profiling is and how it affects the lawfulness of arrests and detentions has the …
Toward A Perpetual Practice Of Affirmative Action, Sheldon Bernard Lyke
Toward A Perpetual Practice Of Affirmative Action, Sheldon Bernard Lyke
Northwestern University Law Review
Despite perceptions that affirmative action is “dead” following the Supreme Court ruling in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College (SFFA), this Essay argues that affirmative action remains crucial for addressing racial bias in admissions processes. This Essay examines the strict scrutiny standard, which requires that any use of race must serve a compelling government interest and be narrowly tailored to achieve that interest. Courts have interpreted the narrowly tailored prong of this standard to include a logical end point requirement, which mandates that race-conscious measures must have a clear and limited …
Constitutional Futurisms, Jeremiah Chin
Constitutional Futurisms, Jeremiah Chin
Northwestern University Law Review
How do we reckon with the past? The Supreme Court’s recent embrace of originalism as a mode of constitutional analysis relies almost exclusively on a view of history and tradition that would bind us to an understanding of principles and ideals that legitimized the exclusion of minority voices. Cases such as New York State Pistol and Rifle Ass'n v. Bruen use flavors of originalism as a framework to define rights and governmental powers through their historical antecedents, but this broad standard of interpretation is notably absent in the Court’s recent discussions of histories and traditions of racism in the United …
Infrastructure Equality, Deborah N. Archer, Yuvraj Joshi
Infrastructure Equality, Deborah N. Archer, Yuvraj Joshi
Northwestern University Law Review
The United States’ racialized geographies have left communities of color with systematically inferior essential infrastructure that perpetuates their social and economic exclusion. From roads, public transportation, and sewage systems, to banks, high-speed internet, and high-quality public schools, people and communities of color have limited access to the fundamental infrastructure necessary to lead socially and economically vibrant lives. This Essay introduces “infrastructure equality” as a unifying framework to address the critical intersection of physical, social, and legal infrastructures that feed racial inequality. Drawing on multidisciplinary research, it argues that infrastructure—the interconnected and vital system of physical structures, networks, and social institutions—should …
Comparative Approaches To Parliamentary Thresholds In Selected Countries: Lesson Learn For Indonesia, Deni Angela, Mohammad Novrizal
Comparative Approaches To Parliamentary Thresholds In Selected Countries: Lesson Learn For Indonesia, Deni Angela, Mohammad Novrizal
Padjadjaran Jurnal Ilmu Hukum (Journal of Law)
This research aims to analyze the changes in the threshold number of votes obtained from general elections as a condition to be included in determining the acquisition of parliamentary seats, or from now on abbreviated as `Parliamentary Threshold,' which occurred in several countries that adhere to the democratic system, namely Indonesia, Turkey, Kazakhstan, Ukraine and Serbia. This article employs a normative legal research method, utilizing legal principles, history, and regulations as primary references, and then making comparisons. This research found that although the numbers of Parliamentary Thresholds in these countries vary, and the changes are some by increasing and some …
Prophetic Law In Indonesia And South Africa: A Comparative Constitutional Study On The Integration Of Religious Law Into Legal Systems, Kelik Wardiono, Arief Budiono, Saepul Rochman, Jan Alizea Sybelle
Prophetic Law In Indonesia And South Africa: A Comparative Constitutional Study On The Integration Of Religious Law Into Legal Systems, Kelik Wardiono, Arief Budiono, Saepul Rochman, Jan Alizea Sybelle
Padjadjaran Jurnal Ilmu Hukum (Journal of Law)
Prophetic law is an ancient legal framework rooted in divine commandments, such as God's Ten Commandments to Moses, as well as Christian and Islamic laws, nowadays commonly referred to as religious law. The meaning of prophetic law is religious law from Abrahamic religions. Particularly, Christian law has significantly influenced Western civilization, with its impact extending to regions like South Africa besides customary law. Similarly, Islamic law has also left a lasting impression on Indonesia's legal system besides customary law. This article employs a comparative law method to analyze the constitutions of Indonesia and South Africa, focusing on the legalization of …
Compliance Vs. National Interest: Why Do Trade Restrictions Fail Under The Wto?, Enni Ekakusumawati, Abdul Masba Magasing, Maskun, Winnar Sitorus, Muhammad Mutawalli Mukhlis
Compliance Vs. National Interest: Why Do Trade Restrictions Fail Under The Wto?, Enni Ekakusumawati, Abdul Masba Magasing, Maskun, Winnar Sitorus, Muhammad Mutawalli Mukhlis
Padjadjaran Jurnal Ilmu Hukum (Journal of Law)
Trade restrictions are tools that countries often use to safeguard national interests, including economic stability, national security, and public welfare. However, under the World Trade Organization (WTO) framework-especially the General Agreement on Tariffs and Trade (GATT)-many such restrictions violate core principles such as non-discrimination (Articles I and III), the prohibition of quantitative restrictions (Article XI), and rules governing exceptions (Articles XX and XXI). This article examines why trade restrictions frequently fail in WTO dispute settlement by analyzing the substantive and procedural requirements under WTO law. Through a normative legal approach, it studies GATT provisions, WTO agreements, and case decisions-particularly the …
Open Legal Policy Criteria In The Constitutional Court Decision: An Evaluation And Recommendation, Firdaus Arifin, Ihsanul Maarif, I Gde Panja Astawa, Mohd Kamarulnizam Abdullah, Robi Asadul Bahri
Open Legal Policy Criteria In The Constitutional Court Decision: An Evaluation And Recommendation, Firdaus Arifin, Ihsanul Maarif, I Gde Panja Astawa, Mohd Kamarulnizam Abdullah, Robi Asadul Bahri
Padjadjaran Jurnal Ilmu Hukum (Journal of Law)
The application of an open legal policy in the testing of legislative norms by the Constitutional Court of the Republic of Indonesia often leads to legal uncertainty due to the lack of clear criteria. The variation in the approaches taken by judges in interpreting legislative policies undermines legal certainty and diminishes the credibility of constitutional reviews. This research aims to evaluate the criteria of open legal policy that can serve as a basis for the Constitutional Court to assess the constitutionality of policies. This study employs a normative legal approach that examines theories, principles, and relevant legal rules in testing …
Legal Reform To The Foundation Wage System Based On Worker Performance, Dyah Hapsari Prananingrum, Freidelino Paixao Ramos Alves De Sousa, Chris Emilians Putra Jacobus
Legal Reform To The Foundation Wage System Based On Worker Performance, Dyah Hapsari Prananingrum, Freidelino Paixao Ramos Alves De Sousa, Chris Emilians Putra Jacobus
Padjadjaran Jurnal Ilmu Hukum (Journal of Law)
The main issue raised in this article is the vagueness of the norm of worker competitiveness in the Indonesian Foundation Law. In achieving its aims, a foundation will face problems related to its own sustainability. Charitable activities that it is engaged in are believed to threaten its sustainability, in addition to achieve fairness both for foundation as employer and worker as employee, norm of worker performance in the form of wage based on performance are needed. Such an issue may be solved by reforming the Foundation Law with the adoption of a performance-based approach, similar to the Job Creation Law. …
Ungerminated Seed: Proportionality Test In The Indonesian Constitutional Court, Eko Riyadi, Satya Arinanto, Simon Butt, Fitra Arsil
Ungerminated Seed: Proportionality Test In The Indonesian Constitutional Court, Eko Riyadi, Satya Arinanto, Simon Butt, Fitra Arsil
Padjadjaran Jurnal Ilmu Hukum (Journal of Law)
This article examines how the Constitutional Court of the Republic of Indonesia (the Court) constructs its argumentation regarding the limitation and derogation of human rights. The primary issue is how the Court interprets and operationalises the limitation clause under the Constitution of the Republic of Indonesia to derogate from and limit human rights. This article also illustrates how the Court applies the derogation and limitation clauses to freedom of religion, the right against retroactive prosecution and the death penalty, the right of women to stand for election, and the right to freedom of expression. The Court has never ruled on …
Breaking Diplomatic Immunity: Legal Implications Of Israeli Airstrikes On The Iranian Consulate Under International Law, Yordan Gunawan, Aisyah Ajeng Putri Riyanto, Safira Ayu Tri Ariyani
Breaking Diplomatic Immunity: Legal Implications Of Israeli Airstrikes On The Iranian Consulate Under International Law, Yordan Gunawan, Aisyah Ajeng Putri Riyanto, Safira Ayu Tri Ariyani
Padjadjaran Jurnal Ilmu Hukum (Journal of Law)
In April 2024, Israeli airstrikes were directed at the Iranian consulate building located in the capital city of Syria, Damascus. The Israeli-Iranian relationship has escalated significantly, shifting from a diplomatic partnership to severe hostility over the course of almost fifty years. This article seeks to examine the legal implications of the Israeli attack on the Iranian consulate building by considering the United Nations Charter and the Vienna Conventions, as well as to analyse the responses of the Iranian government and the international community. This article employed a normative legal research methodology, which involved combining a statutory approach with a detailed …
Penerimaan Suaka Dan Proses Masuk Prancis Pada Pemerintahan Francois Hollande Dan Emmanuel Macron, Raka Darmawan, Abellia Anggi Wardani
Penerimaan Suaka Dan Proses Masuk Prancis Pada Pemerintahan Francois Hollande Dan Emmanuel Macron, Raka Darmawan, Abellia Anggi Wardani
Paradigma: Jurnal Kajian Budaya
France embraces diversity in terms of religion, race, and ethnicity in its society. The arrival of migrants and foreigners, especially in the post-Second World War period contributed to France’s current demographic landscape. In dealing with the influx of population, France has adopted various immigration policies, as stated on the website of the Ministry of the Interior and Overseas, but has not significantly improved the current situation. As the immigration issue has continuously become prominent in French society, this research takes on comparing the policies carried by the governments of François Hollande and Emmanuel Macron on the issue while also taking …
Mechanisms For Settlement Of Disputes Through Judicial Means In The World Trade Organization, Ahmad Al-Sharqawi, Omar Emar
Mechanisms For Settlement Of Disputes Through Judicial Means In The World Trade Organization, Ahmad Al-Sharqawi, Omar Emar
Jordan Journal of Applied Science-Humanities Series
This study aimed to outline the main features of the judicial dispute settlement mechanism as a “global” procedure applicable to all World Trade Organization (WTO) members, particularly after the failure of the dispute settlement system under the General Agreement on Tariffs and Trade (GATT). The mechanism involves consultations, the Dispute Settlement Body (2000), arbitration, and the Appellate Body. It is designed as the primary method for resolving disputes between member states, emphasizing a collective approach rather than unilateral action closer to a judicial settlement. The study analyzes ambiguities surrounding the judicial dispute settlement mechanisms in the WTO, as governed by …
Paid To Play - The Canadian Hockey League Players Class Action Litigation, Kennith Wm. Thornicroft
Paid To Play - The Canadian Hockey League Players Class Action Litigation, Kennith Wm. Thornicroft
Denver Sports & Entertainment Law Journal
In 2014, the National Labor Relations Board’s Regional Director ruled that scholarship football players at Northwestern University were “employees”. Subsequently, in 2015, the full board, and without deciding the players’ status, declined to assert jurisdiction effectively ending the dispute. There are parallels between this dispute and lawsuits currently before the Canadian courts involving the Canadian Hockey League (“CHL”). The CHL is nominally an “amateur” league and is the principal development league for players hoping to pursue a career as a professional hockey player. The players claim they are “employees” under provincial employment standards statutes. The CHL maintains that the players …
The Tendency To See Propensity: How Admitting Defendant-Authored Rap Lyrics As Evidence Of Motive Or Intent Can Look Like Inadmissible Character Evidence, Joseph Noreña
Denver Sports & Entertainment Law Journal
Defendant-authored rap lyrics admitted as evidence present unique evidentiary issues. In particular, when such lyrics are admitted to prove the motive or intent of the defendant-author, the lyrics can look like character evidence and be unduly prejudicial. Nevertheless, sometimes those lyrics valuably provide specific admissions of the defendant-author’s motive or intent. As a balance, this article argues that courts should be careful to admit defendant-authored rap lyrics where they are only generally related to a defendant’s motive or intent because of the prejudice a jury might have when seeing or hearing defendant-authored rap lyrics.
The Change The Ncaa Does Not Know It Needs: A Promotion/Relegation Structure For College Football, Jack Noonan
The Change The Ncaa Does Not Know It Needs: A Promotion/Relegation Structure For College Football, Jack Noonan
Denver Sports & Entertainment Law Journal
After each college football season, the talking heads debate which team missed out on the College Football Playoffs. Each year it is a different school who everyone says should have made the playoffs. There are a multitude of reasons for or against each team every year, but the main point remains that the NCAA will always have this problem on their hands. This article proposes the solution of a promotion/relegation style structure which will completely change the dynamic of the conference layout. It will give an opportunity to the best teams outside of the 'Power 5' or FBS to make …
Have Universities Sold Their Souls To The Devil: The Unacceptable Costs Of Prioritizing Athletics Over Academics, David E. Missirian
Have Universities Sold Their Souls To The Devil: The Unacceptable Costs Of Prioritizing Athletics Over Academics, David E. Missirian
Denver Sports & Entertainment Law Journal
The article will examine what it means “to win” in today’s university sporting world and what the prize to be won is. In examining how the meaning of winning has changed over time, the article will look particularly at some of the indirect or hidden costs of achieving athletic excellence in today’s highly competitive college sports. Ultimately, this article poses and attempts to answer the question: at what point does the cost to student athletes’ health and safety become too high to justify the prize of “winning”?
Ventura V. Kyle And American Sniper: The Anatomy Of A Public Figure's Lawsuit, Mike Steenson
Ventura V. Kyle And American Sniper: The Anatomy Of A Public Figure's Lawsuit, Mike Steenson
Denver Sports & Entertainment Law Journal
Chris Kyle’s book, American Sniper, detailed his exploits as a prolific Navy SEAL sniper. In a book subchapter Kyle detailed an encounter with a “Mr. Scruff Face” in a San Diego Bar. The book states that Ventura made certain statements that were demeaning of the United States and the Navy SEALS.” Scruff Face was subsequently identified by Chris Kyle as Jesse Ventura, former governor of Minnesota. Ventura sued Chris Kyle for defamation, appropriation, and unjust enrichment. Relying on trial court documents, briefs, and the opinions in the case, this article probes those theories of recovery with an emphasis on the …
Healthy Mind, Healthy Body: An Examination Of The Duty A University Owes To Its Student-Athletes Regarding Mental Health Treatment, Sara Kirtley
Denver Sports & Entertainment Law Journal
With more and more university students in general, but studentathletes in particular, suffering from mental health issues, ranging from eating disorders to depression to serious anxiety, it seems like universities should have to provide some kind of mental health treatment for their student-athletes, especially considering their duty to provide physical health treatment for sports related injuries. However, the question is whether student-athletes would actually have an actionable right to mental health treatment, that they could turn into a successful claim against a university if the university failed to provide them with mental-health treatment.
U.S. V. Gatto: An Old Case Provides A New Look At College Basketball's Latest Scandal, Andrew Janson, Grant Shibao
U.S. V. Gatto: An Old Case Provides A New Look At College Basketball's Latest Scandal, Andrew Janson, Grant Shibao
Denver Sports & Entertainment Law Journal
No abstract provided.
Vol. 22, No. 1: Table Of Contents, University Of Denver Sports & Entertainment Law Journal
Vol. 22, No. 1: Table Of Contents, University Of Denver Sports & Entertainment Law Journal
Denver Sports & Entertainment Law Journal
No abstract provided.
Vol. 22, No. 1: Editor's Note, Courtney Diguardi
Vol. 22, No. 1: Editor's Note, Courtney Diguardi
Denver Sports & Entertainment Law Journal
No abstract provided.
Vol. 22, No. 1: Full Issue, University Of Denver Sports & Entertainment Law Journal
Vol. 22, No. 1: Full Issue, University Of Denver Sports & Entertainment Law Journal
Denver Sports & Entertainment Law Journal
No abstract provided.
Criminal Protection Of Human Dignity In The Face Of Medical Research And Experiments On Humans: A Comparative Study, Mekhled Al-Zoubi, Naser Al-Saraireh
Criminal Protection Of Human Dignity In The Face Of Medical Research And Experiments On Humans: A Comparative Study, Mekhled Al-Zoubi, Naser Al-Saraireh
Jordan Journal of Applied Science-Humanities Series
This study aims to shed light on the issue of respecting human dignity in the context of medical research and experiments conducted on humans. Human dignity should take precedence over the legitimate needs of scientific progress, as humans are an end in themselves, not merely a means. Therefore, any legal regulation governing dealings with the human body must be based on the principle of preserving human dignity and respect. The study investigates the extent of protection offered by Islamic law, as well as various international and criminal legislations, for human dignity in the face of medical research and experiments on …
The Legal Basis For Foreign Intervention Upon Invitation: Recent Interventions, Omar Emar
The Legal Basis For Foreign Intervention Upon Invitation: Recent Interventions, Omar Emar
Jordan Journal of Applied Science-Humanities Series
This study aims to identify the principles related to the legitimacy of foreign intervention upon invitation, particularly recent interventions that have drawn the attention of states seeking to justify their military actions in foreign territories. This type of intervention has raised numerous questions regarding the legal principles governing its conditions, which vary between strictness and leniency. Notably, these interventions have often deviated from Security Council resolutions concerning the maintenance of international peace and security, despite the necessity of a strong connection to the Council's work. The study is divided into two main sections: the first examines the legitimacy of foreign …
Arbitrary Conditions According To Article 22 Of The New Jordanian Consumer Protection Law No. 7 Of 2017, Mohammad Al-Momani
Arbitrary Conditions According To Article 22 Of The New Jordanian Consumer Protection Law No. 7 Of 2017, Mohammad Al-Momani
Jordan Journal of Applied Science-Humanities Series
A consumer contract is distinguished from other contracts by the unique characteristics of the parties involved. This distinction arises from their commitments, which are typically unequal: the provider or advertiser is often economically and technically stronger, while the consumer is weaker. Due to the inherent weaknesses in the general provisions of civil law, legislators have had to intervene to protect both the consumer and the provider, as well as to establish provisions that govern the relationship between the consumer and the provider or advertiser. These provisions aim to provide judicial, civil, and administrative protection for the consumer against arbitrary terms. …