Law Commons^™

Sistim Hukum Nasional Yang Akan Datang, Prof. Soebekti S.H.

Jurnal Hukum & Pembangunan

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Can The Uk, Australia, And India Master The Defence Against Dark Patterns? A Comparative Study Of Jurisdictional Approaches, Swetha Meenal Ananthapadmanaban, Jeannie Marie Paterson

Indian Journal of Law and Technology

This paper examines how the United Kingdom (the ‘UK’), Australia, and India approach the regulation of one of the most pressing issues in contemporary digital markets – Dark Patterns. Taking the Digital Markets, Competition and Consumers Act 2024 (‘DMCC’) in the UK as a potential benchmark, it evaluates the structural strengths and shortcomings of Guidelines for Prevention and Regulation of Dark Patterns, 2023, in India and the proposed grey list of unfair trading practices in Australia. Through case studies of Amazon Audible’s subscription cancellation flow and Epic Games’ in-app purchase design, the paper illustrates how identical practices receive uneven legal …

Monetary System Upgrade Driven By Financial Technology: Path Exploration And Practical Insights Based On E-Cny, Chen Chen, Hong Chi, Ping Zhang, Yilei Liang

Bulletin of Chinese Academy of Sciences (Chinese Version)

Financial technology (fintech) is a key variable reshaping national financial competitiveness, and promoting the digital upgrade of the monetary system is a core task in building a financially strong nation. As a pivotal component of the monetary system, the electronic Chinese yuan (e-CNY), based on its inherent fintech attributes, serves as a critical practice for driving the monetary system towards a more advanced stage of evolution. Currently, the traditional monetary system faces three major challenges: low efficiency and high risks in cross-border payments, structural attenuation in monetary policy transmission, and a lack of digital safe-haven assets. Starting from the pilot …

What’S History Without Tradition?, Richard C. Osborne Iii

Catholic University Law Review

For many decades, the Establishment Clause had been a thorn in the Supreme Court’s side. Indeed, no other constitutional provision in recent memory has provided the Court with more trouble than the Establishment Clause. In its efforts to decide whether government conduct violated the Establishment Clause, the Court had applied no less than six tests. And as if that were not bad enough, many of these tests co-existed with one another, leaving government actors left to guess at their own peril which one controlled their fate.

But that officially changed when the Supreme Court decided Kennedy v. Bremerton School District …

Unleash The “Potential” Of The Collective Action Mechanism In Flsa Suits, Anthony Decaprio

Catholic University Law Review

Congress enacted the Fair Labor Standards Act (FLSA) to provide relief to low-income workers at risk of being taken advantage of by their larger, more sophisticated employer. The FLSA provides a collective action mechanism that allows similarly situated workers to bring suits together against a common employer outside the strictures of Rule 23 of the Federal Rules of Civil Procedure. To ensure all potentially similarly situated workers have sufficient notice of the suit in order to affirmatively opt-in, the Supreme Court authorized the district courts to facilitate notice to all “potential plaintiffs.”

The circuits are currently split regarding the standard …

Between Seminole Rock And A Hard(Er) Place: A New(Er) Approach To Agency Deference, Kevin O. Leske

Catholic University Law Review

In Loper Bright Enterprises v. Raimondo, the United States Supreme Court in 2024 overruled Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., ending the Chevron doctrine’s reign as the applicable rule for courts to use in reviewing agency interpretations of their authorizing statute. Although Chevron’s demise was no great surprise, the Court’s decision leaves myriad questions that may take decades to answer. The most pressing question is: what is now the precise standard that courts must apply to determine statutory meaning in these cases? But there is a related question that is equally important to our ever-changing …

A Commemoration: 75th Anniversary Of The Catholic University Law Review, Veryl V. Miles

Catholic University Law Review

This essay celebrates the 75th Anniversary of the Catholic University Law Review.  A retrospective of the law review’s first 50 years (1950-2000) was published in volume 50 by Professor Ralph Rohner.  Ralph J. Rohner, The 50th Anniversary of the Catholic University Law Review, 50 Cath. U. L. Rev. 267 (2001). Similarly, this essay reviews the law review publication experience and production output from 2001 through 2026, its contributions to the educational and scholarly development of student editors, student authors, and the greater body of legal scholarship.

The Flaws Of Bruen And The Principle Of The Second Amendment, Cameron Collins

Catholic University Law Review

With a six Justice majority, the Court is more conservative than it has been in ninety years. No time has been wasted as the conservative Justices take aim at legal precedents left over from a more progressive era on the Court. There being no prior test established by the highest Court to review legal challenges on Second Amendment grounds, the Court took the opportunity to write new precedent in New York State Rifle Pistol Association, Inc. v. Bruen. Rather than stick with the means-end scrutiny framework that had been developing in the circuit courts, the Supreme Court established a …

For What? Resolving The Causation Split For Fmla Retaliation Claims, Lucy Wess

Catholic University Law Review

For over thirty years, the Family and Medical Leave Act (FMLA) has provided working Americans the opportunity to maintain their professional careers while juggling personal and familial health care needs. Like many other employment law statutes, the FMLA prohibits retaliation by employers against employees who exercise their rights under the statute. However, a circuit split as to the correct causation standard for FMLA retaliation claims leaves plaintiffs and defendant employers uncertain of case outcomes as well as the legality of the employer’s conduct. The Fourth and Eleventh Circuits held that the but-for causation standard is the proper standard in such …

Materi Muatan Peraturan Perundang-Undangan, A. Hamid S. Attamimi, S.H.

Jurnal Hukum & Pembangunan

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Masalah "Harta Karun", Dedi Soemardi, S.H.

Jurnal Hukum & Pembangunan

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Negara-Negara Baru Dan Masalah Perjanjian Internasional Sehubungan Dengan Pergantian Negara, D. Sidik Suraputra

Jurnal Hukum & Pembangunan

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Hukum Dan Keluarga, Dr. Ny. T. O. Ihromi, S.H., M.A.

Jurnal Hukum & Pembangunan

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Prospek-Prospek Harmonisasi Hukum Di Lingkungan Negara-Negara Asean, Prof. Dr. Mr. Sudargo Gautama

Jurnal Hukum & Pembangunan

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Perkembangan Hak-Hak Jaminan Atas Tanah Di Negara Kita, Abdurahman Abdurahman

Jurnal Hukum & Pembangunan

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Surat Saham Sebagai Instrumen Pasar Modal Dan Permasalahannya, M. Irsan Nasaruddin

Jurnal Hukum & Pembangunan

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Pemanfaatan Sosiologi Untuk Pengembangan Ilmu Hukum, Satjipto Rahardjo

Jurnal Hukum & Pembangunan

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Pengenalan Mengenai Penggunaan Jurimetri Dalam Hukum, Ronny Hanitijo Soemitro

Jurnal Hukum & Pembangunan

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Pemutusan Hubungan Kerja Di Perusahaan Swasta Dalam Beberapa Kasus, Putu Putra

Jurnal Hukum & Pembangunan

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Praktek Pembebasan Tanah Di Dki Jakarta : Apa Dasar Hukumnya, Tonny Kartono, S.H.

Jurnal Hukum & Pembangunan

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Sebab-Sebab Perceraian Dan Akibat-Akibat Hukumnya Dalam Praktek Sejak Undang-Undang Perkawinan 1974, Detty Tangkudung, S.H.

Jurnal Hukum & Pembangunan

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Ganti Rugi Kecelakaan: Apa Yang Dapat Kita Ambil Sebagai Pelajaran Dari Pengalaman Selandia Baru, James C Clad

Jurnal Hukum & Pembangunan

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Masalah Penemuan Hukum Baik Dalam Hukum Pidana Maupun Hukum Perdata, Bismar Siregar, S.H.

Jurnal Hukum & Pembangunan

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Masalah Tanggung Jawab Pada Chapter Pesawat Udara, E. Suherman S.H.

Jurnal Hukum & Pembangunan

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Standing In The Shadows: Member Anonymity In Associational Standing Cases, Mitchell Brost

Pepperdine Law Review

Associational standing serves several benefits for plaintiff members: associations often have expertise in a certain field that guides the representation of their members, they have greater resources that allow them to bring lawsuits in the first place, and they can serve as the public face of the lawsuit to shield the plaintiff member from serious retaliation that may result from bringing the claim. But due to some imprecise language in Justice Scalia’s majority opinion in Summers v. Earth Island Institute, circuit courts are divided over whether associational members can remain anonymous at all. Thus, individuals who have legitimate legal claims, …

Table Of Contents & Masthead, Mitchell Brost

Pepperdine Law Review

No abstract provided.

Jealously Guarded: The Right To Trial By Jury In Federal Court Under California’S Unruh Civil Rights Act, Denis Bogatin

Pepperdine Law Review

Since California adopted heightened pleading standards for high-frequency litigants alleging violations of the Unruh Act in state court, federal district courts have seen a surge of ADA and Unruh Act claims filed together to secure subject matter jurisdiction. Most courts dismissed the Unruh claims under their discretionary authority under 28 U.S.C. § 1367, but they remained divided on whether plaintiffs in these cases have a right to jury trial—statutory or constitutional. In 2025, the Ninth Circuit resolved part of the split in In re Tsay, holding that the Unruh Act provides a constitutional right to a jury trial because it …

The Power To Declare Peace, Michael Stokes Paulsen

Pepperdine Law Review

The Constitution gives Congress the power “to declare War.” The meaning of that grant of power is much debated, but its converse is much neglected: To whom does the Constitution assign the power to declare peace? This Article comprehensively examines the Constitution’s various assignments of the power(s) to make peace—constitutional powers to end, as a practical matter and as a binding legal matter, a prior legal condition of war. Both the President and Congress possess several such powers. The President has the power, with the advice and consent of two-thirds of the Senate, to make treaties, including peace treaties that …

Fluid Geographies: Water, Science, And Settler Colonialism In New Mexico, Wiley K. Waggoner

Natural Resources Journal

No abstract provided.

The Light Eaters, Anna Linn

Natural Resources Journal

No abstract provided.