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Articles 1 - 23 of 23
Full-Text Articles in Law
A Legal History Of The Regulation Of Assault-Style Rifles In Canada, R. Blake Brown
A Legal History Of The Regulation Of Assault-Style Rifles In Canada, R. Blake Brown
Dalhousie Law Journal
This article provides the first legal history of the regulation of “assault-style” weapons in Canada. A contentious part of Canada’s gun control regime is the firearms classification system that divides guns into non-restricted, restricted, and prohibited firearms. The sale of semi-automatic firearms, often based on military designs that could be quickly fired and reloaded, sparked concerns since the 1970s, particularly after mass shooting events. Canada adopted a classification regime relying on both statutory provisions that used technical details of firearms and Orders-in-Council to name models of firearms as restricted or prohibited weapons. Critics warned that this system allowed private citizens …
Urgensi Prinsip Non-Diskriminasi Dalam Regulasi Untuk Pengarus-Utamaan Kesetaraan Gender, Anisatul Hamidah
Urgensi Prinsip Non-Diskriminasi Dalam Regulasi Untuk Pengarus-Utamaan Kesetaraan Gender, Anisatul Hamidah
Jurnal Hukum & Pembangunan
Discrimination against women seems to have become part of the human history and development because it has happened since years ago until now.Therefore,the issue of discrimination against women is still interesting and becomes an important topic to discuss both at the global level and in Indonesia. Efforts to minimize the existence of discrimination against women have actually been carried outby establishing global consensus listed in various legal instruments such as the Universal Declaration of Human Rights (UDHR) and the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). These instruments explicitly state the obligation of countries to …
Penerapan Perlindungan Kesehatan Dan Keselamatan Kerja Terhadap Buruh Anak Yang Bekerja Di Perkebunan Tembakau Garut, Jawa Barat, Monalisa Silitonga
Penerapan Perlindungan Kesehatan Dan Keselamatan Kerja Terhadap Buruh Anak Yang Bekerja Di Perkebunan Tembakau Garut, Jawa Barat, Monalisa Silitonga
"Dharmasisya” Jurnal Program Magister Hukum FHUI
The research is aimed to analyze the application of occupational health and safety protection to child laborers and analyze the obstacles that may occur in the application of occupational health and safety protection to child laborers in Tobacco Plantation in Garut, West Java. This research is an empirical legal research, which is conducted by looking at the law in a real sense in the scope of society, which is primary data and legislation as secondary legal material. So the approach taken is a case approach and a statute approach. Based on an analysis of Indonesian laws and regulations governing the …
Jasa Layanan Transportasi Daring (Gojek Dan Grab) Dalam Perspektif Asean On Framework Agreement On Services (Afas), Luthfi Hanifa Ryani
Jasa Layanan Transportasi Daring (Gojek Dan Grab) Dalam Perspektif Asean On Framework Agreement On Services (Afas), Luthfi Hanifa Ryani
"Dharmasisya” Jurnal Program Magister Hukum FHUI
Online transportation has become a major necessity in an era that bases needs on the internet. The ease of using the application, finding vendors, drivers to calculating profits per day is the reason why slowly all the people in the world choose to use online transportation rather than non-online transportation. Indonesia is one of the countries that has a high dependency on Gojek and Grab online transportation. However, this new business must also be followed by fair rules so that there is openness with all users of online transportation, the Government as a regulator and entrepreneurs as vendors and partners.
A Breath Of Fresh Air: A Constitutional Amendment Legalizing Marijuana Through An Article V Convention Of The States, Ryan C. Griffith, Esq.
A Breath Of Fresh Air: A Constitutional Amendment Legalizing Marijuana Through An Article V Convention Of The States, Ryan C. Griffith, Esq.
University of Massachusetts Law Review
Criminal enforcement of anti-marijuana laws by the United States federal government has been non-sensical for more than twenty years. Culminating, ultimately, in an anomaly within American jurisprudence when California legalized marijuana in 1996 in direct violation of federal law, yet the federal government did little to stop it. Since then, a majority of states have followed California and legalized marijuana. Currently, thirty-six states and the District of Columbia have legalized medical marijuana despite federal law. Every year billions of dollars are spent on the federal enforcement of anti-marijuana laws while states collect billions in tax revenue from marijuana sales. Even …
The California Cannabis Industry: The Complexities Since Recreational Legalization, Talia Lux
The California Cannabis Industry: The Complexities Since Recreational Legalization, Talia Lux
The Journal of Business, Entrepreneurship & the Law
This comment will first provide a look into the history and legality of cannabis in the United States, followed by a look into California’s cannabis industry. There will be a discussion on both medical and recreational legality in California and the provisions surrounding both types of legality. Next, the complexities of the cannabis industries will be discussed in terms of opening and operating a cannabis business, the different cannabis business types and the requirements for starting them, and state and local limitations. Immediately following, there will be a federal illegality discussion and how federal illegality conflicts with California law in …
Safe Consumption Sites And The Perverse Dynamics Of Federalism In The Aftermath Of The War On Drugs, Deborah Ahrens
Safe Consumption Sites And The Perverse Dynamics Of Federalism In The Aftermath Of The War On Drugs, Deborah Ahrens
Dickinson Law Review (2017-Present)
In this Article, I explore the complicated regulatory and federalism issues posed by creating safe consumption sites for drug users—an effort which would regulate drugs through use of a public health paradigm. This Article details the difficulties that localities pursuing such sites and other non-criminal-law responses have faced as a result of both federal and state interference. It contrasts those difficulties with the carte blanche local and state officials typically receive from federal regulators when creatively adopting new punitive policies to combat drugs. In so doing, this Article identifies systemic asymmetries of federalism that threaten drug policy reform. While traditional …
Web Of Lives: How Regulating The Dark Web Can Combat Online Human Trafficking, Christopher Campbell
Web Of Lives: How Regulating The Dark Web Can Combat Online Human Trafficking, Christopher Campbell
Journal of the National Association of Administrative Law Judiciary
This article argues that one of the ways to appropriately fight online human trafficking is through governmental regulation of the Dark Web. Specifically, this article argues that a new Attaching Criminal Dark Web Statute is the best method to combat human trafficking because it can incentivize prosecutors to use current human trafficking statutes to prosecute traffickers. This proposal can deter traffickers from enslaving people. Additionally, this article shows the evolution of online human trafficking laws, investigation, and prosecution (Section II); demonstrates why current and proposed laws do not effectively address the online human trafficking issue (Sections III and IV); introduces …
Issues Of Practical Implementation Of The Principles Of Criminal Law In The Law-Making And Law-Enforcement Practice Of The Republic Of Belarus, V Marchuk
ProAcademy
In the p ro p o s e d article, the a u th o r considers issues o f p ra c tic a l im plem entation o f the p rin ciple s o f c rim in a l la w in the la w m a kin g a n d law -e nfo rcem e n t p ra c tic e o f the R epublic o f Belarus. O n the basis o f separate results o f c rim in o lo g ic a l expertise, the a rticle shows …
The Regulatory Challenge Of Public Corruption, Lauren M. Ouziel
The Regulatory Challenge Of Public Corruption, Lauren M. Ouziel
Journal of Criminal Law and Criminology
No abstract provided.
Employing Older Prisoner Empirical Data To Test A Novel S. 7 Charter Claim, Adelina Iftene
Employing Older Prisoner Empirical Data To Test A Novel S. 7 Charter Claim, Adelina Iftene
Dalhousie Law Journal
This article builds the case for expanding s. 7 of the Charter of Canadian Rights and Freedoms to apply to prison regulations and decisions in the specific context of an aging prison population. As original empirical data shows, prisons are highly insensitive to age-related problems, and inappropriate or insufficient medical treatment receives official sanction from a wide range of correctional documents. The stark inadequacies of the current system endanger older prisoners' security of the person, and sometimes their lives, in ways that violate their rights under s. 7, since the deprivations they suffer result from legislative policies and state conduct …
The Risk Of Money Laundering Through Crowdfunding: A Funding Portal's Guide To Compliance And Crime Fighting, Zachary Robock
The Risk Of Money Laundering Through Crowdfunding: A Funding Portal's Guide To Compliance And Crime Fighting, Zachary Robock
Michigan Business & Entrepreneurial Law Review
With the recent passage of the Jumpstart Our Business Startups Act (“JOBS Act”) and proposed regulations, equity crowdfunding is poised to play an important role in fundraising for many types of emerging growth companies. A fundamental purpose of crowdfunding is to reduce economic barriers to capital markets for emerging growth companies, in part by relaxing rigorous information disclosure requirements currently mandated by the Securities and Exchange Commission (“SEC”). Relaxed regulation should help reduce the cost of fundraising, but it will also present certain risks. Investor fraud is a common concern, which is addressed at length in the JOBS Act and …
County Court, Westchester County, People V. Gant, Albert V. Messina Jr.
County Court, Westchester County, People V. Gant, Albert V. Messina Jr.
Touro Law Review
No abstract provided.
Regulation, Prohibition, And Overcriminalization: The Proper And Improper Uses Of The Criminal Law, Paul J. Larkin, Jr.
Regulation, Prohibition, And Overcriminalization: The Proper And Improper Uses Of The Criminal Law, Paul J. Larkin, Jr.
Hofstra Law Review
The function of the criminal law is to effectively enforce the moral code that every person knows by heart — to enforce the minimum substantive content of the social compact by bringing the full moral authority of government to bear on violators. By contrast, the function of the regulatory system is to efficiently manage components of the national economy using civil rules, rewards, and penalties to incentivize desirable behavior without casting aspersions on violations attributable to ignorance or explanations other than defiance. Treating regulatory crimes as if they were no different than “street crimes” ignores the profound difference between the …
Investing In Cannabis: Inconsistent Government Regulation And Constraints On Capital, Adrian A. Ohmer
Investing In Cannabis: Inconsistent Government Regulation And Constraints On Capital, Adrian A. Ohmer
Michigan Business & Entrepreneurial Law Review
This note’s focus is on the future of investing in the growing legalized cannabis industry. In Part II, it will provide a brief history of federal and state regulation of cannabis. Part III will discuss the current role of the federal government in regulating the cannabis industry. Part IV will explore the current avenues of access to capital for the cannabis industry. Lastly, Part V will provide suggestions for the federal government and state governments to reduce investment risk that exists in the cannabis industry.
Channel Checking And Insider Trading Liability, Michael Byun
Channel Checking And Insider Trading Liability, Michael Byun
Michigan Business & Entrepreneurial Law Review
This note addresses the potential legality or illegality of channel checking in the context of a private equity buyout. In Part II, this note uses a hypothetical to demonstrate a situation in which a private equity acquirer might engage in a channel check. In Part III, this note analyzes federal judicial and SEC cases that have developed various categories of insider trading liability, and provides a framework for insider trading liability. In Part IV, this note applies the analysis from Part III to the hypothetical described in Part II. Part IV attempts to reach a conclusion about whether the private …
Conceptions Of Borrowers And Lenders In The Canadian Payday Loan Regulatory Process: The Evidence From Manitoba And Nova Scotia, Freya Kodar
Dalhousie Law Journal
Commentators characterize thinking aboutpaydayloans as falling into two general perspectives. In one theory payday loans respond to market demand and are a sensible choice for a consumer with limited assets, credit, or other support when an unexpected financial need arises. The opposing theory holds that the loans are usurious and exploit vulnerable low-income borrowers. In 2007, amendments were passed exempting payday loans from the application of the criminal interest rate provisions of the Criminal Code if they were made by companies licensed by a province with a regulatory scheme. The author examines how federal and provincial lawmakers and administrative decision-makers …
Just A Little Bit Of History Repeating: The California Model Of Marijuana Legalization And How It Might Affect Racial And Ethnic Minorities, Thomas J. Moran
Just A Little Bit Of History Repeating: The California Model Of Marijuana Legalization And How It Might Affect Racial And Ethnic Minorities, Thomas J. Moran
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
The Process Is The Problem: Lessons Learned From United States Drug Sentencing Reform, Erik S. Siebert
The Process Is The Problem: Lessons Learned From United States Drug Sentencing Reform, Erik S. Siebert
University of Richmond Law Review
No abstract provided.
Animal Cruelty Laws And Factory Farming, Joseph Vining
Animal Cruelty Laws And Factory Farming, Joseph Vining
Michigan Law Review First Impressions
“Should laws criminalizing animal abuse apply to animals raised for food?” The answer is yes, and yes especially because farm animals are generally now under the control of business corporations. State and federal criminal law have proved critical in modifying corporate policy and practice in other areas, a current example being worker safety. Criminal liability today would include criminal liability of the corporate entity itself, and would thus also introduce the most effective regulation of individual handling of farm animals—regulation by the corporation, which has methods and resources public agencies cannot match. We have a background public policy of humane …
Pay Now, Execute Later: Why Counties Should Be Required To Post A Bond To Seek The Death Penalty, Adam M. Gershowitz
Pay Now, Execute Later: Why Counties Should Be Required To Post A Bond To Seek The Death Penalty, Adam M. Gershowitz
University of Richmond Law Review
No abstract provided.
Products Liability Based Upon Violation Of Statutory Standards, Joseph H. Ballway Jr.
Products Liability Based Upon Violation Of Statutory Standards, Joseph H. Ballway Jr.
Michigan Law Review
Regulatory enactments controlling production and distribution can give rise in several different ways to civil liability on behalf of persons injured by non-conforming merchandise. For instance, if a statute codifies existing common-law rules of negligence, its effect is merely to place the weight of legislative authority behind ordinary negligence principles. Since an injured party's recovery under such a provision still depends largely upon his proving in the traditional manner that a defendant failed to exercise due care, this kind of statute merits no further discussion. On the other hand, if particular legislation expressly states that a violator may be subjected …