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Articles 3601 - 3630 of 13769
Full-Text Articles in Administrative Law
Dental Board Of California, Helene E. Mayer, Bridget Fogarty Gramme
Dental Board Of California, Helene E. Mayer, Bridget Fogarty Gramme
California Regulatory Law Reporter
No abstract provided.
Gandhis Of The Deep State, Michael E. Herz
Gandhis Of The Deep State, Michael E. Herz
Online Publications
It is a truism that agency organizational charts are at least in part aspirational or idealized. The political appointees at the top lack perfect control over the career employees beneath them in the hierarchy. When all are rowing in the same direction, such agency costs matter little and may go unnoticed. But suppose they are not. What if they barely perceive themselves as in the same boat?
21st Annual Open Government Summit: Office Of The Attorney General, Access To Public Records Act & Open Meetings Act, Attorney General State Of Rhode Island
21st Annual Open Government Summit: Office Of The Attorney General, Access To Public Records Act & Open Meetings Act, Attorney General State Of Rhode Island
School of Law Conferences, Lectures & Events
No abstract provided.
Book Review Of "River Of Lost Souls", Clifford J. Villa
Book Review Of "River Of Lost Souls", Clifford J. Villa
Public Land & Resources Law Review
No abstract provided.
What Fema Should Do After Puerto Rico: Toward Critical Administrative Constitutionalism, Yxta Maya Murray
What Fema Should Do After Puerto Rico: Toward Critical Administrative Constitutionalism, Yxta Maya Murray
Arkansas Law Review
The 200th anniversary of the 1819 Supreme Court decision McCulloch v. Maryland offers scholars a special opportunity to study the shortcomings of the federal The Robert T. Stafford Disaster Relief and Emergency Assistance Act, as they were revealed by FEMA’s failures in Puerto Rico during and after Hurricane Maria. Under Article I, Section 8 of the Constitution, as it has been interpreted by McCulloch, a law passed by Congress must be necessary and proper for executing its powers. In light of the expansive capacities allotted for disaster relief under the Stafford Act, and the catastrophic failure of FEMA to provide …
Tearing Down The Wall: How Transfer-On-Death Real-Estate Deeds Challenge The Inter Vivos/Testamentary Divide, Danaya C. Wright, Stephanie L. Emrick
Tearing Down The Wall: How Transfer-On-Death Real-Estate Deeds Challenge The Inter Vivos/Testamentary Divide, Danaya C. Wright, Stephanie L. Emrick
Maryland Law Review
This Article will examine one of the most recent will substitutes, the transfer-on-death (“TOD”) real-estate deed. Nearly half of the states have recognized, through common-law forms or legislation, a mechanism to allow for the transfer of real property on death without using a will, without following the will formalities, and without necessitating probate. This new tool in the estate planner’s toolbox is invaluable: revocable trusts have proven too expensive for decedents of modest means, and wills continue to require formalities that can easily frustrate non-lawyer-drafted estate documents. But the variety of TOD deed rules and mechanisms that the different states …
Hak Uji Materiil Peraturan Daerah Pajak Dan Retribusi Daerah, Adrian Joshua Lumban Tobing
Hak Uji Materiil Peraturan Daerah Pajak Dan Retribusi Daerah, Adrian Joshua Lumban Tobing
Jurnal Hukum & Pembangunan
Legislation set two mechanisms of review or oversight of local regulations, the executive and judicial review. Executive authority to oversee the review of local regulations is owned by the government (executive power), while the judicial review of the authority overseeing local regulation held by the Supreme Court (judicial power). Both of these mechanisms may lead to the cancellation rules of the regulation is contrary regional. Research districts/cities were canceled by the Minister of domestic affairs who then filed a judicial review to the Supreme Court and its effect on empowerment regional. Approach used are normative and case studies. Secondary data …
Tinjauan Terhadap Konsep Keadilan Spasial Dan Partisipasi Masyarakat Dalam Perencanaan Dan Pengendalian Pemanfaatan Ruang Pada Program Normalisasi Ciliwung Di Provinsi Dki Jakarta, Shafira Anindia Alif Hexagraha, Savitri Nur Setyorini
Tinjauan Terhadap Konsep Keadilan Spasial Dan Partisipasi Masyarakat Dalam Perencanaan Dan Pengendalian Pemanfaatan Ruang Pada Program Normalisasi Ciliwung Di Provinsi Dki Jakarta, Shafira Anindia Alif Hexagraha, Savitri Nur Setyorini
Jurnal Hukum & Pembangunan
The idea of public interest in spatial planning is a two-sided claim. The government often uses it to enforce spatial plan program without the consent of the affected groups. On the other hand, the affected groups also use it as their defense to protect their damaged rights. The idea of spatial justice is derived from progressive intellectual tradition that is highly aware of the severeness of injustice in urban spaces and hence demands radical reconception of spaces, governance, and spatial planning. Most influential intellectual tradition in spatial justice are Habermas’ Public Sphere, Harvey’s Right to The City, and Lefebvre’s Production …
Menulis Di Jurnal Hukum: Gagasan, Struktur, Dan Gaya, Andri Gunawan Wibisana
Menulis Di Jurnal Hukum: Gagasan, Struktur, Dan Gaya, Andri Gunawan Wibisana
Jurnal Hukum & Pembangunan
Writing articles in a law review is different from writing an opinion in a newspaper or articles in other types of journals. Indonesian authors often fail to indicate the problems to be discussed, the proposed thesis statement or idea (claim), and the structure of the article. They also write too descriptive and employ very limited references. This paper aims to support the authors to find out important aspects in formulating a good legal article. For this reason, this paper explains that an article must contain the claim, and be novel, non-obvious, and useful. This paper also explains the importance of …
Antiquated Relics Or Misunderstood Mess, Why South Carolina Liquor Laws Are Ripe For Restructuring, Annie Day Bame
Antiquated Relics Or Misunderstood Mess, Why South Carolina Liquor Laws Are Ripe For Restructuring, Annie Day Bame
South Carolina Law Review
No abstract provided.
Does Sex Discrimination Include Gender Identity, Courts In The Fourth Circuit Weigh In On The Question, Rena M. Lindevaldsen
Does Sex Discrimination Include Gender Identity, Courts In The Fourth Circuit Weigh In On The Question, Rena M. Lindevaldsen
South Carolina Law Review
No abstract provided.
Don't Feel Like Going To The Store, I'Ll Drink To That, How To Govern The Direct Shipment Of Alcohol In South Carolina, Frederick N. Hanna
Don't Feel Like Going To The Store, I'Ll Drink To That, How To Govern The Direct Shipment Of Alcohol In South Carolina, Frederick N. Hanna
South Carolina Law Review
No abstract provided.
Konsepsi Bangun Perusahaan Koperasi: Kerangka Pemikiran Badan Usaha Yang Ideal Menurut Pasal 33 Ayat (1) Uud 1945, M. Sofyan Pulungan
Konsepsi Bangun Perusahaan Koperasi: Kerangka Pemikiran Badan Usaha Yang Ideal Menurut Pasal 33 Ayat (1) Uud 1945, M. Sofyan Pulungan
Jurnal Hukum & Pembangunan
Co-operative as company structure (bangun perusahaan) is a concept developed by the Founding Fathers, enshrined in Article 33.1 of the 1945 Constitution. This concept is further developed by renowned economists and lawyers as well. This Article explores the thoughts of Mohammad Hatta, Soepomo, economists and lawyers who have contributed to the development of the concept of co-operatives as company structure. Subsequently, it will offer a framework in which the constitutional stipulation of "a common endeavor based on familial principles" serves as the philosophical basis for the concept. Using Sri-Edi Swasono’s Idea of "Triple-Co" as yardstick, the concept of co-operatives as …
Eksistensi Lembaga Pengawasan Pengelolaan Keuangan Negara, Adam Setiawan
Eksistensi Lembaga Pengawasan Pengelolaan Keuangan Negara, Adam Setiawan
Jurnal Hukum & Pembangunan
Supervision of state finance management conducted by related institutions such as BPKP, DPR / DPRD, BPK and KPK aims to implement the principles of the management of state finances accordingly and in accordance with the objectives of state financial management that is to guarantee the state in order to create welfare, the right of society and finance the service to the community.
Perbandingan Hukum Peradilan Tata Usaha Negara Dan Verwaltungsgericht Sebagai Bentuk Perlindungan Hukum Kepada Rakyat, Dani Habibi
Perbandingan Hukum Peradilan Tata Usaha Negara Dan Verwaltungsgericht Sebagai Bentuk Perlindungan Hukum Kepada Rakyat, Dani Habibi
Jurnal Hukum & Pembangunan
Legal issues that will be discussed in this paper regarding the description of the Administrative Court system in Germany and the Administrative Court system in Indonesia. Generally, there are similarities between the Administrative Court system in Germany and the Administrative Court system in Indonesia. The system can be seen from the level of the justice system starting from the first level, the level of appeal and the final level or cassation. In addition, it will be reviewed in relation to the judicial process, the basics of the lawsuit filed against the government and the way in which the state administrative …
Putusan Sela Dalam Perkara Perselisihan Hasil Pemilihan Umum, Bisariyadi -
Putusan Sela Dalam Perkara Perselisihan Hasil Pemilihan Umum, Bisariyadi -
Jurnal Hukum & Pembangunan
This paper departs from the presumption of common misconception in the use of terms as adopted in criminal and civil law. Interlocutory decision in the Constitutional Court has a different definition from criminal and civil law procedure. The difference is within the issue that is cover between the two. Interlocutory decisions in criminal and civil law deals only as far as admissability and jurisdiction, where in the Constitutional Court interlocutory decisions may actually related to the legal issues brought by the party. In addition, as the experience shows that interlocutory decisions are not only used as burden of proof but …
Kajian Tentang Model Rencana Aksi Daerah Hak Asasi Manusia (Radham) Kabupaten Bondowoso Tahun 2018, Al Khanif Dr., Rosita Indrayati, Muhammad Bahrul Ulum, Dina Wildana, Adam Muhshi, Nurul Laili Fadhilah, Ayu Citra Satyaningtyas
Kajian Tentang Model Rencana Aksi Daerah Hak Asasi Manusia (Radham) Kabupaten Bondowoso Tahun 2018, Al Khanif Dr., Rosita Indrayati, Muhammad Bahrul Ulum, Dina Wildana, Adam Muhshi, Nurul Laili Fadhilah, Ayu Citra Satyaningtyas
Jurnal Hukum & Pembangunan
This article discusses Bondowoso District's regional human rights action plan (RADHAM) 2018. The focus of the 2018 RADHAM study explains the background and focus of Bondowoso's 2018 RADHAM policy as the basis for human rights-based policy making in the area. In the context of the division of power between the central and regional governments in the era of autonomy, human rights policy planning becomes complex because there are several regional and central policies that are mutually conflicting so that the mechanism for fulfilling human rights in the regions becomes complicated. To map this issue, local governments need a policy mechanism …
Permasalahan Penerapan Klausula Pembatasan Pertanggungjawaban Dalam Perjanjian Terkait Hak Menuntut Ganti Kerugian Akibat Wanprestasi, Togi M.P. Pangaribuan
Permasalahan Penerapan Klausula Pembatasan Pertanggungjawaban Dalam Perjanjian Terkait Hak Menuntut Ganti Kerugian Akibat Wanprestasi, Togi M.P. Pangaribuan
Jurnal Hukum & Pembangunan
One of the most common aspects in the development of the freedom of contract principle is the use of a clause limiting liability based on Article 1249 of the Indonesian Civil Code. In practice, the application of such clause is often times not in line with other principles under Indonesian contract law such as the principles of balanced, morals, and decency that are also inseparable from Indonesian contract law principles. This issue becomes even more apparent in cases where a breach of contract is done deliberately and/or grounded on bad faith of one of the parties that has calculated that …
This Land Is Your Land, This Land Is Mined Land: Expanding Governmental Ownership Liability Under Cercla, Kiersten E. Holms
This Land Is Your Land, This Land Is Mined Land: Expanding Governmental Ownership Liability Under Cercla, Kiersten E. Holms
Washington and Lee Law Review
Part II of this Note begins by providing a brief overview of the background and goals of CERCLA. Part II also provides an examination of the issue of ownership liability under CERCLA and recounts the federal courts’ difficulty in applying ownership liability. Part II then describes how the federal government’s “bare legal title” argument arose out of the confusion surrounding ownership liability in CERCLA litigation. Part III moves on to examine the recent trend in CERCLA litigation rejecting the federal government’s bare legal title argument, thus holding the federal government liable as an owner based on its possession of legal …
Public Health Preparedness & Response: An Exercise In Administrative Law, John D. Blum, Jordan Paradise
Public Health Preparedness & Response: An Exercise In Administrative Law, John D. Blum, Jordan Paradise
DePaul Journal of Health Care Law
No abstract provided.
Appeal No. 0962: Jeffrey D. Kuster, On Behalf Of David Kuster, Deceased V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Appeal No. 0962: Jeffrey D. Kuster, On Behalf Of David Kuster, Deceased V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Review of Chief's Order 2018-114
Appeal No. 0915: Dynamerican, Llc, Et. Al V. Division Of Oil & Gas Resources Management And American Energy - Utica, Llc Nka Ascent Resources - Utica, Llc., Ohio Oil & Gas Commission
Appeal No. 0915: Dynamerican, Llc, Et. Al V. Division Of Oil & Gas Resources Management And American Energy - Utica, Llc Nka Ascent Resources - Utica, Llc., Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Review of Chief's Order 2016-47 (American Energy - Utica nka Ascent Resources - Utica; Henry LND GR Unit)
Table Of Contents And Editorial Board, Yoori Chung
Table Of Contents And Editorial Board, Yoori Chung
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Pepperdine University School Of Law Legal Summaries, Analise Nuxoll
Pepperdine University School Of Law Legal Summaries, Analise Nuxoll
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Slip Slidin' Away: The Erosion Of Apa Adjudication, William Funk
Slip Slidin' Away: The Erosion Of Apa Adjudication, William Funk
Journal of the National Association of Administrative Law Judiciary
Although the enactment of the Administrative Procedure Act (APA) was intended to establish a uniform set of procedures applicable to adjudications "required by statute to be determined on the record after opportunity for an agency hearing," agencies have long sought to avoid those procedures, and, in particular, Administrative Law Judges, by substituting informal, non-APA adjudications. Over time, the courts have accelerated this substitution through a misapplication of three Supreme Court opinions. This article describes the original understanding of the APA and how that original understanding has been eroded over the years. The article then asks whether this is a problem …
Impartial Hearings Under The Idea: Legal Issues And Answers, Perry A. Zirkel
Impartial Hearings Under The Idea: Legal Issues And Answers, Perry A. Zirkel
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Chevron Deference In The States: Lessons From Three States, Carrie Townsend Ingram
Chevron Deference In The States: Lessons From Three States, Carrie Townsend Ingram
Journal of the National Association of Administrative Law Judiciary
The appointment of Justice Neil Gorsuch to the Supreme Court of the United States has left many wondering if a change to the Chevron doctrine is impending. Justice Gorsuch’s colleague on the Court, Justice Clarence Thomas, shares similar views on Chevron. This article will compare the federal rule to three different states: Indiana, Delaware, and Arizona. Each state has taken a different path in determining that the judiciary should not give deference to an agency’s interpretation of the statutes that it is charged with enforcing. Delaware has affirmatively declared that the Chevron doctrine is not applicable in its state. A …
Restoring Effective Congressional Oversight: Reform Proposals For The Enforcement Of Congressional Subpoenas, Kia Rahnama
Restoring Effective Congressional Oversight: Reform Proposals For The Enforcement Of Congressional Subpoenas, Kia Rahnama
Journal of Legislation
This Article proposes possible legislative reforms to Congress’s exercise of its contempt power in combating non-compliance with subpoenas duly issued as part of congressional investigations. With the recent trends in leveraging congressional investigations as an effective tool of separation of powers, this Article seeks to explore the exact bounds of congressional power in responding to executive officers’ noncompliance with congressional subpoenas, and whether or not current practice could be expanded beyond what has historically been tried by the legislative branch. This Article provides a brief summary of the historic practice behind different options for responding to non-compliance with subpoenas (inherent …
Lands Of Opportunity: An Analysis Of The Effectiveness And Impact Of Opportunity Zones In The Tax Cuts And Jobs Act Of 2017, Joseph Bennett
Lands Of Opportunity: An Analysis Of The Effectiveness And Impact Of Opportunity Zones In The Tax Cuts And Jobs Act Of 2017, Joseph Bennett
Journal of Legislation
No abstract provided.
When Soft Law Meets Hard Politics: Taming The Wild West Of Nonprofit Political Involvement, Lloyd Hitoshi Mayer
When Soft Law Meets Hard Politics: Taming The Wild West Of Nonprofit Political Involvement, Lloyd Hitoshi Mayer
Journal of Legislation
Beginning in the 1990s and continuing today, many of the legal and psychological barriers to nonprofits becoming involved in electoral politics have fallen. At the same time, political divisions have sharpened, causing candidates, political parties, and their supporters to scramble more aggressively for any possible edge in winner-take-all political contests. In the face of these developments, many nonprofits have violated the remaining legal rules applicable to their political activity with little fear of negative consequences, especially given vague rules and a paucity of enforcement resources. Such violations include under reporting of political activity in government filings, fly-by-night organizations that exist …