Law Commons^™

Komisi Yudisial Sebagai Lembaga Kontrol Terhadap Hakim, Lintong O. Siahaan

Jurnal Hukum & Pembangunan

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Hukum Rakyat A La Friedrich Karl Von Savignyl, Antonius Cahyadi

Jurnal Hukum & Pembangunan

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Kekerasan Dalam Rumah Tangga Terhadap Perempuan, Dewi Lestari

Jurnal Hukum & Pembangunan

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Mahkamah Konstitusi Dan Hak Asasi Manusia Dalam Era Reformasi: Peran Mahkamah Konstitusi Dalam Menyusun Konsepsi Keadilan Transisional Di Indonesia, Muhammad Ajisatria

Jurnal Hukum & Pembangunan

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Upaya-Upaya Hukum Terhadap Penetapan, Nurul Elmiyah, Suparjo Sujadi

Jurnal Hukum & Pembangunan

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Peranan Partai Politik Menyerap Aspirasi Masyarakat Dan Hukum Politik Yang Tidak Semantik, Ramly Hutabarat

Jurnal Hukum & Pembangunan

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Analisis Sistem Pemerintahan Dalam Uud Negara Republik Indonesia Tahun 1945 Pra Dan Pasca Perubahan, Serta Pelaksanaannya Dalam Praktek Ketatanegaraan, Fatmawati Fatmawati

Jurnal Hukum & Pembangunan

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Lembaga, Badan, Dan Komisi Negara Independen (State Auxiliary Agencies) Di Indonesia: Tinjauan Hukum Tata Negara, Hendra Nurtjahjo

Jurnal Hukum & Pembangunan

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Pemilihan Presiden Langsung Dan Calon Independen Dalam Pemilihan Presiden Dan Pemilihan Kepala Daerah, Teddy Anggoro

Jurnal Hukum & Pembangunan

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Islam Dan Persaingan Ideologi Di Parlemen (Studi Kasus: Pro Kontra Pemasukan "Tujuh Kata” Piagam Jakarta Ke Da/Am Konstitusi Pada Masa Reformasi), Pan Mohamad Faiz

Jurnal Hukum & Pembangunan

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Hak Asasi Manusia: Diskresi Kepolisian Dan Restorative Justice Di Indonesia Dalam Rangka Penegakan Hukum Dan Ketertiban Sosial, Muhammad Mustofa

Jurnal Hukum & Pembangunan

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Prinsip Military Necessity Dalam Hukum Internasional Humaniter, Hersapta Mulyono

Jurnal Hukum & Pembangunan

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Pendapat Hukum Dalam Transaksi Komersial, D. Sidik Suraputra

Jurnal Hukum & Pembangunan

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Mahkamah Konstltusi Dan Penegakan Hukum Dan Ham Di Indonesia, Mutiara Hikmah

Jurnal Hukum & Pembangunan

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Gun Rights And Public Safety: A Constitutional Tension, Kirsten Zonkowski

NSU Undergraduate Law Journal

This paper examines the constitutional tension between gun regulation and the right to bear arms in the United States. By analyzing landmark Supreme Court cases and major legislative developments, tracing the historical foundations of the Second Amendment, exploring judicial interpretations, and identifying ongoing doctrinal challenges, it highlights  the central constitutional conflict: the Second Amendment guarantees an individual right to keep and bear arms, yet that right often clashes with the government’s responsibility to protect citizens and maintain public safety. Courts and legislatures continue to struggle to define the limits of governmental authority without infringing upon fundamental constitutional rights, revealing an …

The Prosecution Of Nicolás Maduro, Jose Manuel Vanegas

NSU Undergraduate Law Journal

This paper examines the complex legal and political issues that came from the capture of Nicolás Maduro by United States authorities, an event that has generated controversy in both domestic and international legal debate. It begins by providing the necessary background of Maduro’s rise to power, his role as president, and the broader political and economic conditions of Venezuela under his administration. The paper then analyzes the criminal charges brought against him in U.S. federal court, including allegations of narco-terrorism, conspiracy to import cocaine, and related offenses tied to alleged collaborations with transnational criminal organizations. Building on this foundation, the …

Property And Social Justice In Thomas Paine’S Agrarian Justice: Revaluating Modern American Property Law, Amanda Infante

NSU Undergraduate Law Journal

This paper critically examines the philosophical core of property law through the lens of Thomas Paine’s Agrarian Justice. Paine challenges the conception of property as a natural right, instead theorizing land ownership as a social construct contingent on communal needs and obligations. This framework is situated as an intellectual precursor to contemporary legal debates regarding the legitimacy and moral limits of private property. The analysis engages with pivotal Supreme Court decisions, including Village of Euclid v. Ambler Realty Co., Penn Central Transportation Co. v. New York City, and Lucas v. South Carolina Coastal Council, to set …

Current Atmosphere Of Artificial Intelligence Liability: Implications And Best Practices For Legal Professionals And Ai Providers, Alyssa Heinze

NSU Undergraduate Law Journal

The rapid integration of artificial intelligence into the legal profession has transformed legal research, drafting, and decision-making, while simultaneously introducing novel ethical, regulatory, and liability risks. As attorneys increasingly rely on generative AI systems, concerns surrounding hallucinations, bias, confidentiality breaches, and deceptive outputs have led to heightened scrutiny for both legal professionals and AI developers. This paper examines the current and emerging landscape of artificial intelligence liability in the United States. It gives particular attention to the absence of a comprehensive federal regulatory framework, the constitutional controversy surrounding Executive Order 14179, and its preemption of state AI legislation.

By analyzing …

The Current Legal Landscape Of The War On Terror; An Analysis Of The 2001 Authorization For Use Of Military Force And Its Constitutionality, Scope And Applicability, Avalyn Crosson

NSU Undergraduate Law Journal

This paper will examine the 2001 Authorization for Use of Military Force [hereby known as “The Authorization”] passed by Congress in the wake of September 11, 2001. For the past two decades, the applicability and legality of its application have been called into question by both Congress and the public. While controversial, The Authorization continues to be the central legal authority for counterterrorism operations against Al-Qaeda and affiliated forces. Signed into law by President George W. Bush, The Authorization mirrors the urgency of defending against further terrorist attacks and the demand by the American public to bring those responsible to …

The Manifestation Of George Orwell’S 1984 In The Legal Profession’S Use Of Ai, Alexa Cedras

NSU Undergraduate Law Journal

George Orwell’s 1984 tells the chilling story of an oppressive regime that uses information control and manipulation to further its political agenda. Within the realm of 1984, the Party, the head of the regime, weaponizes instruments, such as a telescreen, to subject citizens to ongoing surveillance with the promise that any suspicious activity will be punished. In furtherance of that agenda, the Party controls every existing narrative of the past, present, and future, using their authoritarian position to alter primary and secondary sources for their benefit. Lastly, by creating a new language to serve as a linguistic constraint, the Party …

“Supreme Court, Tear Down This Wall!”: Kennedy V. Bremerton School District And The Erosion Of The Barrier Between Church And State, Ari Allon

NSU Undergraduate Law Journal

This Article conducts a critical examination of Kennedy v. Bremerton’s ruling, which replaced the Lemon test with the historical practices and understandings test. Following a brief background on the Religion Clauses’ jurisprudence, the author contests that the historical practices and understandings test fails to adhere to long-held Supreme Court reasoning behind the creation of the Religion Clauses. This new test is likewise an insufficient framework for determining Establishment Clause violations.

The Article continues with an analysis on the conflicting fact patterns between the majority and dissenting opinions of Kennedy v. Bremerton. The author then discusses the precedential impact …

Lineup Construction Strategies In The Presence Of Within-Person Variability, Abbey M. Greenfield

Student Theses

Photographic lineups are used more frequently than live lineups, but photographs are not always reliable representations of a person’s appearance. Oftentimes, images used in lineups are drawn from mug books, passports, and driver’s license photographs—which may be outdated. As a result, even when a culprit is correctly identified for inclusion in a lineup, the photograph used may differ significantly from their appearance during the event due to natural changes in appearance (Jenkins et al., 2011). Further, the degree of suspect-filler similarity sufficient to achieve optimal discriminability remains a topic of debate (Fitzgerald et al., 2013). We examined the impact differing …

Ai Is Taking Over!: A New Generation Of Unemployment Fears, Amaya V. Hepburn

Student Scholar Symposium Abstracts and Posters

The growing panic surrounding AI taking over the workforce is strong in a distinct group of demographics, in contrast to the fear of computers taking over the workforce that was seen in previous generations. This suggests that AI developments have sparked a wave of fear that is unlike the fear of tech developments in the past. I have discovered that this fear is prevalent across several demographics: age, employment, and income. By cross-analyzing through the 2017 and 2025 fear surveys, I discovered that fear of AI is more prevalent in younger generations and is more threatening to students entering the …

Democratic Legitimacy And Data Governance: Data Privacy Philosophy And Regulatory Preferences In The U.S. Vs Eu, Mia H. Truong

Student Scholar Symposium Abstracts and Posters

The rapid expansion of artificial intelligence and large-scale data collection has intensified tensions between commercial innovation and consumer privacy, raising a fundamental democratic question: do Americans understand their data protections–and does this shape their demand for regulation? The EU and U.S. represent two fundamentally opposed approaches to data privacy regulation: the EU's General Data Protection Regulation (GDPR) treats personal data as a fundamental human right, rooted in post-WWII constitutional protections against state surveillance and authoritarianism, while the U.S. operates through fragmented, sector-specific state laws that treat personal data as a market commodity. This study is the first to empirically investigate …

Blue, Red, And Bordered, Estefania Morales Vilchis

Student Scholar Symposium Abstracts and Posters

The paper will explore the various social and individual variables that will impact how people perceive immigration as either beneficial to society or a societal threat. Some of the primary variables that will be examined in detail are one’s political affiliation, age, and geographical location; this will address the profound "why" behind our current beliefs on newcomers. The study will particularly address the "Contact Hypothesis" versus "Group Threat Theory" through the lens of how one's personal experiences with immigrants, or lack of, will shape public opinion. The study will focus on the rising psychological issue of "demographic anxiety", specifically, fears …

An Investigation Of The Government’S Legal Strategy After Loper Bright, Will Yeatman, Charles Yates

Liberty University Law Review

For forty years, the Chevron “two-step” dominated judicial review of statutory interpretation issues in the administrative law context. Then, in Loper Bright Enterprises v. Raimondo, the Supreme Court ended Chevron deference. This Article investigates what comes next. Specifically, we explore how government lawyers have strategized in the wake of Loper Bright. Based on an original dataset of government briefs, we find that the government is advancing at least six substitutes for Chevron deference. Typically, the government combined two or more of these substitutes into an aggregated claim for Chevron-like deference. Our preliminary data suggests that courts have …

Chemical Abortion—A Case Study: How Mifepristone And Loper Bright Raise The Question Of Who Decides, J. Marc Wheat

Liberty University Law Review

No abstract provided.

A New Age Dawns On First Street: The Supreme Court’S Use Of Loper Bright During The October 2024 Term, Ryan P. Mulvey, Michael Pepson

Liberty University Law Review

This Article analyzes the impact of the Supreme Court’s landmark decision in Loper Bright Enterprises v. Raimondo, which overruled Chevron deference and redefined judicial review of legal questions in the administrative-law context. Specifically, the Authors explore how the Court operationalized Loper Bright throughout the October 2024 Term to emphasize the importance of independent, de novo review, as well as the robust use of traditional canons of statutory interpretation to reach the original public meaning of statutes. The Article also explores the implications of the Court’s recent use of Loper Bright for related doctrines like so-called “Skidmore deference,” the …

Balancing The Triangle: Restoring Judicial Interpretation Without Ignoring Agency Expertise After Loper Bright, William L. Burner

Liberty University Law Review

For nearly forty years, Chevron required courts to defer to an agency’s reasonable interpretation of an ambiguous statute, even when a better reading was available. This approach undermined the role of the judiciary and disrupted the separation of powers. Rather than interpreting the law, courts became second to the Executive Branch in determining what statutes meant. Congress contributed to the problem by drafting vague laws and depending on agencies to resolve the ambiguity. The result was a structural imbalance that left courts out of place and agencies in charge.

In Loper Bright, the Supreme Court ended Chevron deference and …

Legal Conservatism And The Rise And Fall Of Chevron, Ryan Bangert

Liberty University Law Review

Loper Bright Enterprises v. Raimondo marks a watershed moment in administrative law and conservative legal thought by formally overruling Chevron U.S.A. Inc. v. Natural Resources Defense Council and restoring judicial responsibility for resolving questions of statutory interpretation. This Article situates Loper Bright within the longer intellectual history of the modern conservative legal movement, arguing that Chevron deference emerged and was popularized, at least in part, as a conservative response to the perceived excesses of judicial activism during the Warren and Burger Court eras. While Chevron was initially embraced as a doctrine of judicial restraint that respected democratic accountability, it ultimately …