Law Commons^™

Implementasi Undang-Undang Arbitrase Terhadap Pelaksanaan Putusan Arbitrase Internasional Di Indonesia (Memasuki 12 Tahun Usia Undang-Undang Arbitrase), Mutiara Hikmah

Jurnal Hukum & Pembangunan

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Mengkritisi Rancangan Undang-Undang Pengadaan Tanah Untuk Kepentingan Pembangunan, Suatu Catatan Kritis, Imam Koeswahyono

Jurnal Hukum & Pembangunan

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Analisis Hukum Islam Terhadap Lembaga Penjamin Simpanan (Lps) Bagi Nasabah Penyimpan Dana Menurut Undang-Undang Nomor 24 Tahun 2004 Tentang Lembaga Penjamin Simpanan, Abu Azam

Jurnal Hukum & Pembangunan

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Reforming Antitrust: Addressing Data Monopolization In Two-Sided Digital Markets, Linyi Li

Brooklyn Journal of Corporate, Financial & Commercial Law

The rise of dominant digital platforms has revealed fundamental shortcomings in U.S. antitrust law. Grounded in the consumer welfare standard and its focus on price effects, current doctrine struggles to regulate markets in which services are offered at zero monetary cost and competitive power is derived from the accumulation and control of user data. In two-sided digital markets, data functions as a central competitive asset, enabling platforms to entrench market power, raise barriers to entry, suppress innovation, and impose non-price harms on consumers. These harms frequently escape antitrust scrutiny because they do not manifest as higher prices or reduced output. …

Beyond The Ban: Chhaupadi Abolition And The Governance Of Menstrual Autonomy In Western Nepal, Nikita Paudel

Master in Public Policy Theses

This thesis examines how two decades of efforts to abolish chhaupadi have shaped the everyday conditions under which women and girls experience menstruation in western Nepal. Chhaupadi, commonly understood as menstrual seclusion, has been addressed through Supreme Court directives, national policy, criminal law, municipal implementation instruments, hut demolition campaigns, public health programming, and rights-based advocacy. Yet the practice has persisted, adapted, and in some cases moved into less visible spaces. Rather than treating this as a simple gap between law and practice, this thesis asks how abolition efforts themselves have become part of the regulatory regime through which menstruation is …

The Tiger Trap Of Claims-Made-And-Reported Insurance Policies, Vonda Mallicoat Laughlin

Brooklyn Journal of Corporate, Financial & Commercial Law

Insurance policies contain notification requirements. A typical requirement is that notice be provided of a claim, or of an incident likely to lead to a claim, promptly or within a certain number of days of the occurrence. A claims-made-and-reported policy generally has this type of notification requirement but further requires that notice of a claim be provided within the coverage dates of the policy or within a set number of days following the policy’s expiration date. Over the years, the claims-made-and-reported form has reached popularity in regard to certain types of liability coverage. As exemplified by the case of President …

Though They Be But Young, They Are Fierce: Generation Z Is Leading The Way Toward A New Model Of Corporate Lawyering, Tania N. Shah

Brooklyn Journal of Corporate, Financial & Commercial Law

Since over a century ago, when Dodge v. Ford affirmed shareholder primacy as the central purpose of the corporation, and half a century since Milton Friedman argued that the only responsibility of business is to increase its profits, corporate law has reinforced a narrow tradition of fiduciary duty. But as that framework begins to broaden, a new generation of lawyers—Generation Z—enters the profession just as corporate governance is being redefined. The rise of benefit corporations—statutory entities legally required to pursue public benefit alongside profit—signals a meaningful shift in how corporate purpose is understood. Many Gen Zers came of age as …

Corporate Employment And The First Amendment Shield Against Anti-Dei Legislation, W. Mary Blee

Brooklyn Journal of Corporate, Financial & Commercial Law

No one would have thought that a Supreme Court ruling striking down affirmative action in higher education would affect private employment. However, the ruling in Students for Fair Admissions v. Harvard did exactly that. Corporate employers’ efforts to foster diversity, equity, and inclusion (DEI) were immediately pushed to the forefront of the political battlefield. In the eyes of Republican lawmakers and politicians, DEI efforts were akin to affirmative action, and therefore unconstitutional in the wake of Harvard. Their solution to this problem involved passing anti-DEI legislation and policies which restricted or eliminated employer’s DEI efforts under the guise of upholding …

Esg-Based Litigation: A Solution To Social Media Companies’ Immunization From Liability For Human Trafficking On Their Platforms, Grace Dore

Brooklyn Journal of Corporate, Financial & Commercial Law

Social media platforms have transformed communication, but they have also become a critical tool for human traffickers, who use them to recruit victims, maintain control, and facilitate illegal activities. Despite this, social media companies have largely avoided legal accountability due to the broad immunity provided by Section 230 of the Communications Decency Act (“CDA”), which courts have interpreted to shield platforms from lawsuits arising from user activity. Congress has sought to address this gap through legislation such as the Trafficking Victims Protection Act (“TVPA”) and the Allow States and Victims to Fight Online Sex Trafficking Act (“FOSTA”). However, these efforts …

The Constitution And Financial Freedom: Analyzing First Amendment Claims About Cryptocurrencies, Mithun Imbulamure

Brooklyn Journal of Corporate, Financial & Commercial Law

In recent years, the United States has intensified regulatory oversight of cryptocurrency technologies. In August 2022, the Treasury Department's Office of Foreign Assets Control sanctioned Tornado Cash, a cryptocurrency mixer, leading to the prosecution and conviction of its developers for operating an unlicensed money transmitting business. Congress also amended § 6050I of the Tax Code through the Infrastructure Investment and Jobs Act, extending cash transaction reporting requirements to digital assets. These developments prompted cryptocurrency advocates to assert First Amendment protections for their activities, arguing that compelled disclosure requirements violate associational privacy and that computer code constitutes protected speech. The government …

Law Grapples With Its Achilles’ Heel? Uncertainties, Digital Experiments, And The Ai Frontier, Heng Wang

Brooklyn Journal of Corporate, Financial & Commercial Law

The governance of digitalization—which encompasses developments such as artificial intelligence (AI) and central bank digital currencies (CBDCs)—confronts serious challenges. At the core of these challenges are uncertainties, which form the central obstacle to effective governance. These uncertainties range from cyber risks to shifting societal responses. Law, as an institutionalized framework of governance, faces mounting pressure and wrestles with a fundamental vulnerability: traditional legal frameworks struggle to address uncertainties in digitalization. To tackle the pervasive challenges of uncertainties, this article addresses two connected questions: What uncertainties does law face in governing digitalization shaped by emerging technologies? How can a learning-oriented governance …

Property, Recognition, And The Problem Of The Term “Debtor”: Rethinking Eligibility In Chapter 15 Cross-Border Insolvency, Jonathan Lent

Brooklyn Journal of Corporate, Financial & Commercial Law

Congress knows how to draft a property requirement. There is no such requirement for a Chapter 15 debtor to seek recognition of its foreign proceeding, yet there is a circuit split on the issue. In 2005, Congress enacted Chapter 15 through the Bankruptcy Consumer Protection and Consumer Act (“BAPCPA”). The Second Circuit in In re Barnet held that section 109(a), along with its property requirement, applies in a Chapter 15 case through section 103(a), which provides that Chapter 1 of the bankruptcy code applies to Chapter 15. The Eleventh Circuit, in In re Al Zawawi, relying on jurisprudence decided under …

A Case For United States V. Connolly: The Forgotten Posterchild Of Protecting Corporate Employees’ Rights During Internal Investigations And Why It Should Be The Standard, Not The Exception, William Marment

Brooklyn Journal of Corporate, Financial & Commercial Law

In May 2019, United States v. Connolly provided a benchmark for government involvement in corporate internal investigations. The decision curtailed the close, and oftentimes coercive nature of the relationship between the prosecutor and corporate counsel conducting internal investigations on a corporation’s behalf. It drew a line between the government improperly outsourcing its investigation to the target corporation and when an employee’s statements are not fairly attributable to government prosecutors, and thus not compelled. The Connolly Court ruled that statements from counsel-led employee interviews, conducted under the threat of termination, were fairly attributable to the government and thus improperly compelled. Those …

Regulatory Whiplash: The Sec’S Proxy Advisor Reversal And A Delaware-Inspired Sliding Scale Framework For Judicial Review, Alexandra Pellegrino

Brooklyn Journal of Corporate, Financial & Commercial Law

The Securities and Exchange Commission’s 2020 regulation of proxy advisory firms, and its abrupt 2022 recission, triggered a consequential circuit split that exposes a deeper tension in administrative law: how courts should review agency reversals in regulatory environments where stability and adaptability are both essential. In National Association of Manufacturers v. Securities Exchange Commission, the Fifth Circuit invalidated the recission for failing to adequately address reliance interests and prior factual findings. In contrast, the Sixth Circuit in Chamber of Commerce v. Securities Exchange Commission upheld the agency’s reversal under a more deferential interpretation of Federal Communications Commission v. Fox Television …

The Normative Evolution Of Political Crime In Egyptian Criminal Law 1881 – 1981, Anas Sayed Elkorashy

Theses and Dissertations

This thesis examines the historical evolution of the Egyptian criminal justice system's approach to managing political opposition. It employs the concept of "political crime" as a heuristic for analyzing the prosecution of dissent, despite the absence of a statutory definition within the legal system. By situating these practices within the broader context of political conflict, the study traces how criminal law has been used to manage rivalry and neutralize perceived threats to the state. Drawing on Fraenkel’s theory of the "Dual State," the thesis argues that modern Egyptian criminal justice has developed through a distinctive dual structure. The research distinguishes …

Ndls Communicator: Week Of 05.18.26, Notre Dame Law School

NDLS Communicator

The Latest News

• Commencement Features
• Notre Dame Law graduate Garrett Hofmann selected for FASPE Ethics Fellowship
• Syl and Vicki Schieber Make Generous Gift to Support Death Penalty Abolition Week at Notre Dame Law School for Five Years

Student News

• Perla Khattar, J.S.D. candidate

Faculty Briefs

• Susan Azyndar
• Msgr. John Paul Kimes
• James Seckinger
• Barry Cushman
• G. Marcus Cole
• Carter Snead
• Nicole Garnett & 3L, Jimmy Murphy
• Roger Alford
• Paul Miller
• Diane Desierto
• Frederick Mostert & Alexandria Noble '26 J.D.
• G. Robert Blakey

Events

• All Staff Meeting

Around the Watercooler

• Kresge Law Library Celebrates 40th Anniversary as a participant in the …

"Product Liability" Dalam Penyelenggaraan Penerbangan, Amad Sudiro

Jurnal Hukum & Pembangunan

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Analisis Filosofis Pemerintahan Daerah Dalam Pergantian (Perubahan) Kaidah Hukum Dasar Negara, Agussalim Andi Gadjong

Jurnal Hukum & Pembangunan

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Tangan Tuhan Di Pengadilan: Dalih Bencana Alam Dan Pertanggungjawaban Perdata Dalam Kasus Lingkungan, Andri G. Wibisana

Jurnal Hukum & Pembangunan

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Analisis Hukum Tata Negara: Sistem Penetapan Gubernur Kepala Daerah Istimewa Yogyakarta Dalam Sistem Pemilihan Kepala Daerah Berdasarkan Pasal 18 Ayat (4) Uud 1945, Titik Triwulan Tutik

Jurnal Hukum & Pembangunan

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Larangan Untuk Pemindahan Tanah Dalam Masyarakat Hukum Adat Bali: Perspektif Hukum Tanah Nasional, I Made Suwitra

Jurnal Hukum & Pembangunan

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Urgensi Pengaturan Strict Liability Dalam Rancangan Amandemen Undang-Undang Perlindungan Konsumen, Ari Wahyudi Hertanto

Jurnal Hukum & Pembangunan

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Keterkaitan Perjanjian Lisensi Merk Dengan Perjanjian Waralaba Dan Distribusi, Agung Sujatmiko

Jurnal Hukum & Pembangunan

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Nicollo Machiavelli: Sang Belis Politik? Suatu Refleksi Dan Kritik Filosofis Terhadap Gagasan Politik Machiavelli Dalam Ll Principe, E. Fernando M. Manullang

Jurnal Hukum & Pembangunan

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Jenis-Jenis Putusan Hakim Dalam Perkara Pidana (Suatu Catatan Tentang Pembaruan Kuhap), M. Hamdan

Jurnal Hukum & Pembangunan

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Implikasi Pembatasan Yuridis Pembubaran Partai Politik Terhadap Prinsip Demokrasi, Josef M. Monteiro

Jurnal Hukum & Pembangunan

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Pertanggungjawaban Indonesia Terhadap Pencemaran Kabut Asap Di Kawasan Asean (Pendekatan Economic Analysis Of Law), Deni Bram

Jurnal Hukum & Pembangunan

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Perempuan Dan Hak Asasi Manusia Dalam Perspektif Hukum Islam, Uswatun Hasanah

Jurnal Hukum & Pembangunan

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Uji Publik Terhadap Putusan Kasus Illegal Logging A.N. Adelin Lis Dkk, Teguh Soedarsono

Jurnal Hukum & Pembangunan

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Choice Of Forum Dalam Penyelesaian Sengketa Perbankan Syariah, Neni Sri Imaniyati, Badruddin Badruddin

Jurnal Hukum & Pembangunan

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