Law Commons^™

Perdagangan Berjangka Komoditi Dan Kajian Hukum Kontrak Derivatif Forex Dan Indeks Saham Asing Dalam Industri Perdagangan Berjangka Di Indonesia, Allysthia M. Renti D.

Jurnal Hukum & Pembangunan

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Urgensi Fatwa Dan Lembaga Fatwa Dalam Ekonomi Syariah, Yeni Salma Barlinti

Jurnal Hukum & Pembangunan

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Pengelolaan Konflik Pemanfaatan Sumber Daya Hutan Dalam Mewujudkan Hak Masyarakat Lokal, Agus Surono

Jurnal Hukum & Pembangunan

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Politik Hukum Agraria Terhadap Hak Ulayat Masyarakat Hukum Adat Di Indonesia, Darwin Ginting

Jurnal Hukum & Pembangunan

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Dispute Settlement Body - Wto Dalam Penyelesaian Sengketa Perdagangan Internasional, Ade Maman Suherman

Jurnal Hukum & Pembangunan

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Modernisasi Hukum Notaris Masa Depan: Kajlan Hukum Terhadap Kemungkinan Cybernotary Di Indonesia, Edmon Makarim

Jurnal Hukum & Pembangunan

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Director's Duty To Employees: At The Borders Of Corpora Te Law And Labour Law, Hesty D. Lestari

Jurnal Hukum & Pembangunan

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Eksistensi Hukum Adat Dalam Konstltusi Negara Pasca Amandemen Uud 1945, Yanis Maladi

Jurnal Hukum & Pembangunan

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Kemungkinan Peraturan Perundangan·Undangan Di Bawah Undang-Undang Sebagai Obyek Pengujian Mahkamah Konstltusi, Thorkis Pane

Jurnal Hukum & Pembangunan

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No Bones About It: Ohio’S Food Negligence Standard Should Be The Model For The Rest Of The Country, Malachi I. Morrison

Liberty University Law Review

On July 25, 2024, the Ohio Supreme Court issued one of its most controversial decisions since its founding in 1802. It ruffled many feathers when it appeared to defy common sense by ruling, in Berkheimer v. REKM, L.L.C., that boneless wings may contain bones. However, hidden beneath all the public backlash for this seemingly illogical ruling, one will find an opinion that made significant strides in the field of food negligence. How does this ruling advance food negligence law, you ask? Well, the court finally provided a satisfying answer to a long-standing question in food negligence: What test should …

Classifying Equal Protection, The Ada, And Physical Disabilities: Why The Court Should Apply Heightened Scrutiny To Physical Disabilities And Reconsider Its Decision In City Of Cleburne V. Cleburne Living Center, Alek D. Hedlund

Liberty University Law Review

The Equal Protection Clause of the Fourteenth Amendment provides a constitutional check on state governments when a state statute or action classifies a group of individuals based on certain characteristics. Courts typically scrutinize a discriminatory state statute based on the type of class that it discriminates against, weighing the statute against the government interest and the statute’s relation to the asserted government interest.

In City of Cleburne v. Cleburne Living Center, the United States Supreme Court applied rational basis review to a city ordinance that discriminated based on mental disabilities. Courts following Cleburne have used its rationale to apply …

The Federalist Gas Mask: Why The Fourth Circuit Should Adopt State Law As The Federal Standard For Natural Gas Act Eminent Domain Compensation, Clifford Spotswood Fox

Liberty University Law Review

The federalist system of government relies heavily on state law to represent the will of the state’s population as closely as possible. In this Comment, the main discussion will be about how Virginia eminent domain compensation law should be integrated as federal law within Virginia’s boundaries, specifically regarding the Natural Gas Act (NGA). This question of whether state law should be adopted as federal law under the NGA has been answered in several federal circuit courts but has never been addressed by the Supreme Court.

The issue at hand has a deeper effect than one might expect. The Virginia Constitution …

Artl Pentlng Pemberlakuan Uu No. 1/Pnps/1965, Hwian Christianto

Jurnal Hukum & Pembangunan

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Penyelesaian Sengketa Konsumen Melalui Badan Penyelesaian Sengketa Konsumen (Bpsk) Di Indonesia (Kajlan Yuridis Terhadap Permasalahan Dan Kendala-Kendala Bpsk), Kurniawan Kurniawan

Jurnal Hukum & Pembangunan

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Kebijakan Perimbangan Keuangan Antara Pemerintah Pusat Dan Daerah Pasca Reformasi, Faisal Akbar Nasution

Jurnal Hukum & Pembangunan

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Analisis Penguatan Majelis Permusyawaratan Rakyat Sebagai Lembaga Parlemen Dalam Sistem Ketatanegaraan Dl Indonesia, Fatmawati Fatmawati

Jurnal Hukum & Pembangunan

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Pendanaan Terorisme Di Peroleh Dari Tindak Pidana Pencucian Uang (Money Laundering), H.M. Abdi Koro

Jurnal Hukum & Pembangunan

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Politik Dan Birokrasi Dl Negara Bagian Sabah Malaysia (Studi Kasus Intervensi Pejabat Politik Terhadap Pejabat Birokrasi), Azhari Azhari

Jurnal Hukum & Pembangunan

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Aspek Pidana Di Atas Kereta Rel Listrik/Diesel Reguler (Ekonomi) Dalam Wilayah Jabodetabek, I. Sriyanto

Jurnal Hukum & Pembangunan

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Table Of Contents & Masthead, Mitchell Brost

Pepperdine Law Review

Pepperdine Law Review, editorial board, masthead

Public Use On The Loose: Clarifying The Takings Clause’S Public Use Requirement, Megan Hoefs

Pepperdine Law Review

The Fifth Amendment permits the taking of private property for “public use,” but modern courts refuse to question legislative determinations of that use. Although the Supreme Court has implicitly reserved a prohibition on takings done under a “mere pretext of public purpose,” lower courts are unsure of how to identify or evaluate such pretext. This Comment argues that the Public Use Clause requires a showing of good faith to be constitutionally sufficient. By reframing public use around good faith, this Comment offers a modest but necessary clarification that preserves the structure of existing doctrine while restoring the Clause’s function as …

Open And Shut: Non-Removal Statutesand Door-Closing Penalties, Isaac Zwerling

Pepperdine Law Review

There is a longstanding tension in the Court’s treatment of non-removal statutes and door-closing penalties. On the one hand, the Court has held non-removal statutes—business registration statutes that condition a foreign corporation’s license on that corporation’s right to remove cases brought against it to federal court—pose an unconstitutional limit on federal court access. On the other, the Court has extended door-closing penalties statutes prohibiting unregistered foreign corporations from initiating an action in the forum state—to federal courts sitting in diversity. This Article surveys how the Court arrived at this puzzling result. It does so by analyzing each line of cases …

The Interpretive Force Of Alexander Hamilton’S Early Expositions Of Presidential Power, Michael Stokes Paulsen

Pepperdine Law Review

The most important, rightly influential, early interpretations of the Constitution on presidential power concerning matters of war, peace, and foreign affairs flowed from the able pen of Alexander Hamilton in three sets of pseudonymous public essays: as “Publius” in The Federalist (1787–1788); as “Pacificus” (1793–1794); and “Camillus” (1795–1796). As Publius, Hamilton expounded a broad understanding of presidential constitutional power generally and of presidential power in war and foreign affairs specifically, including an essentially plenary Commander-in-Chief power over the conduct of authorized war (but with no constitutional power to initiate war: that power being explicitly and exclusively assigned to Congress). As …

The Continuum Of Contractual Commitment, David V. Snyder

Pepperdine Law Review

Contracts frequently call for one or more differentiated levels of contractual commitment. Although contractual liability in the common law is said to be strict liability, and a claim that a good attempt was made is said to be no defense, often a party promises only to try. Contract theory in the United States struggles with departures from the paradigm of strict liability, and it has failed to fully consider the continuum of contractual commitment. To encompass the range of assent-based commitment and its consequent liability, U.S. contract theory needs to distinguish more clearly between (1) promises to try, which do …

Judicial Appointments Before Vacancies, Vasan Kesavan

Pepperdine Law Review

Appointments are about power—presidential power. There is no greater presidential appointment power than the power to appoint federal judges who are expected to serve for life. Judicial appointments allow the President to shape one branch of the federal government for decades to come, perhaps decisively, thereby helping to define his legacy. Of all judicial appointments, there is nothing more significant than appointments to the Supreme Court, if the President even has the opportunity during his term. But these appointments are the most difficult for the President to make in the most partisan political period in our lifetimes. May a President, …

Liberty In Death? An Analysis Of The Ethics And Laws Regarding Physician-Assisted Suicide, Ross Leavitt

DePaul Journal of Health Care Law

I seek to analyze physician-assisted suicide with the following two goals in mind: (1) Evaluating how ethical and legal arguments surrounding suicide developed throughout history and how they inform our understanding today; (2) What a regulatory scheme governing physician-assisted suicide looks like and if it can adequately safeguard the interests of the individual and the collective.

Uninformed Consent: Legal Failures In The Treatment Of Female Patients, Eva Zagarzhevskaya

DePaul Journal of Health Care Law

Surgeries are a common practice globally, with 51.4 million procedures performed in the United States alone. [1] Going in for a procedure typically has a variety of risks involved such as shock, wound infection, or a bad reaction to anesthesia. [2] However, a risk no patient should have to consider is the risk of an alternative exam being performed on them without their knowledge or consent during surgery. Yet, there is no federal statute preventing this practice. Rather, in 34% of US states, doctors do not need their patient’s consent to have medical students and other doctors perform invasive exams …

Cybersecurity Disparities In U.S. Healthcare: Regulatory Gaps, Equity Failures, And Systemic Risks, Erica Patterson

DePaul Journal of Health Care Law

U.S. healthcare relies on digital infrastructure that now shapes clinical safety. However, the governing law remains a patchwork. The HIPAA Security and Breach Notification Rules, layered with uneven federal and state mandates and voluntary frameworks, do not yield a clear, enforceable floor of protection for small, rural  hospitals which are institutions with thin budgets, legacy systems, limited vendor leverage, and scarce IT staff. This Article identifies the gap, namely that minimum safeguards are not articulated as testable outcomes that low-resource providers can implement and sustain, and offers a remedy. Using doctrinal analysis and comparative assessment of federal and state regimes …

Diversity Regulations For Clinical Trials & The Underrepresentation Of Native American Women, Alka Meresh

DePaul Journal of Health Care Law

The exclusion of women and racial minorities from research currently compromises the generalizability of findings. Native American women, are particularly underrepresented in clinical trials due to the complicated history between Native American health and the US government. Congress, the NIH, and the FDA are the most prominent actors involved in regulating the diversity of clinical trial participants. This article will identify and analyze the deficiencies of the current regulations promoting diversity in clinical trials and suggest some solutions to build community with Indigenous communities and promote their participation in clinical trials.

Never Trust, Always Verify, Securing Medicare's Future To Defend Against Ai Driven Cyber Threats, Dana G. Jones

DePaul Journal of Health Care Law

Healthcare cybersecurity stands at a pivotal juncture, analogous to the Cold War's most perilous moments. When President Ronald Reagan declared "trust but verify"^[1] during nuclear disarmament negotiations with Soviet General Secretary Mikhail Gorbachev, he established systematic verification as the cornerstone of security in high-stakes environments where the cost of misplaced trust meant potential human extinction. Today, the rapid integration of artificial intelligence and networked medical devices into America's healthcare infrastructure has created stakes equally grave for the nation's sixty-five million Medicare beneficiaries^[2]; however, the threat landscape has evolved beyond Reagan's paradigm. Modern healthcare cannot afford even conditional …