Civil Law Commons^™

The Weaponization Of The “Alien Harboring” Statute In A New-Era Of Racial Animus Towards Immigrants, Hannah Hamley

Seattle University Law Review

Federal law 8 U.S.C. § 1324(a)(1)(A)(iii), commonly referred to as the “Alien Harboring” statute, was passed sixty-eight years ago and has been used as a weapon against immigrants and their allies. Spanning back decades, numerous scholars, alarmed by the dangerous use of the statute, have written about its muddled congressional intent and the unclear definition of “harboring.” These issues continue to be relevant and are foundational concerns with the enforcement of the harboring statute. However, in the era of President Donald J. Trump, we are faced with a new danger. We are confronted with an Administration that is ferociously anti-immigrant …

A False Sense Of Security: How Congress And The Sec Are Dropping The Ball On Cryptocurrency, Tessa E. Shurr

Dickinson Law Review (2017-Present)

Today, companies use blockchain technology and digital assets for a variety of purposes. This Comment analyzes the digital token. If the Securities and Exchange Commission (SEC) views a digital token as a security, then the issuer of the digital token must comply with the registration and extensive disclosure requirements of federal securities laws.

To determine whether a digital asset is a security, the SEC relies on the test that the Supreme Court established in SEC v. W.J. Howey Co. Rather than enforcing a statute or agency rule, the SEC enforces securities laws by applying the Howey test on a fact-intensive …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Freedom Of Speech And The Role Of Constitutional Courts: The Cases Of Indonesia And South Korea, M. Lutfi Chakim

Indonesia Law Review

Freedom of speech is a constitutional right that must be protected in a democratic society. However, there is an alarming problem in many countries where governments limit freedom of speech by targeting people espousing views contrary to those of the government. Many free speech cases handled by the Constitutional Courts of Indonesia and Korea demonstrate a gradual decline in the quality of democracy there. This article aims to assess the extent to which the Constitutional Courts’ role and responsibilities contribute to the protection of freedom of speech. Through its decisions, the Constitutional Courts in those two countries have contributed to …

22nd 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.

Fmc Corp. V. Shoshone-Bannock Tribes, Seth T. Bonilla

Public Land & Resources Law Review

In 1998, FMC Corporation agreed to submit to the Shoshone-Bannock Tribes’ permitting processes, including the payment of fees, for clean-up work required as part of consent decree negotiations with the Environmental Protection Agency. Then, in 2002, FMC refused to pay the Tribes under a permitting agreement entered into by both parties, even though the company continued to store hazardous waste on land within the Shoshone-Bannock Fort Hall Reservation in Idaho. FMC challenged the Tribes’ authority to enforce the $1.5 million permitting fees first in tribal court and later challenged the Tribes’ authority to exercise civil regulatory and adjudicatory jurisdiction over …

Reflections On The Effects Of Federalism On Opioid Policy, Matthew B. Lawrence

Dickinson Law Review (2017-Present)

No abstract provided.

The Other Hobbs Act: An Old Leviathan In The Modern Administrative State, Jason N. Sigalos

Georgia Law Review

The Hobbs Administrative Orders Review Act is a
little-known statute, one that is often mistaken for a
federal criminal statute with a similar name.
The lesser-known Hobbs Act requires aggrieved parties
to challenge certain agency orders in a federal court of
appeals within sixty days of the order’s promulgation.
However, if no party does so, are later parties bound by
a potentially unlawful agency order in subsequent
enforcement actions? The U.S. Supreme Court recently
dodged this question in PDR Network, LLC v. Carlton
& Harris Chiropractic, Inc. That case concerned a suit
between two private parties under the Telephone
Consumer …

Individual Preferences In Policy Analysis: A Normative Framework, Gabriel Weil

Scholarly Works

Measures of individual preferences are a key input in cost-benefit analysis. However, behavioral science has raised questions about the rationality of these preferences. The Nudge thesis relies on that scientific research to prescribe interventions to influence individual choices. However, the more modest step of limiting reliance on these preferences in evaluating non-paternalistic government policies has not been taken up. We lack a consistent theory of when public policy should defer to these preferences, with legal and policy advocates adopting ad hoc result-oriented approaches. I argue that policymakers should be prepared to override individual preferences in cases where their only plausible …

Experiments With Suppression: The Evolution Of Repressive Legality In Britain In The Revolutionary Period, Christopher M. Roberts

Loyola of Los Angeles International and Comparative Law Review

This article is concerned with the structure of repressive governance, and how it has evolved historically. It examines this theme through an exploration of the manner which repressive laws and institutions evolved in Britain over the course of the late eighteenth century. In particular, it reviews the various measures that British authorities utilized and relied upon in order to confront a growing wave of calls for social and political reforms. These included a policy of aggressive prosecutions of dissidents; the creation of new institutions such as the Home Office designed to enhance the powers of the central authorities; extralegal measures …

In Memory Of Professor James E. Bond, Janet Ainsworth

Seattle University Law Review

Janet Ainsworth, Professor of Law at Seattle University School of Law: In Memory of Professor James E. Bond.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Bali Mawacara: Is A Quasi-Common Law System Developing In Balinese Customary Law?, Danial Kelly, Wayan P. Windia

Indonesia Law Review

The Indonesian island of Bali is internationally renowned as a popular tourist destination. Tourists from around the world have been attracted to Bali’s rich and colourful displays of culture and its friendly people for many decades. Intertwined with the predominately Hindu culture that is so readily visible is the invisible customary legal system of Bali that regulates much of the daily life of the Balinese. This autochthonous legal system exists in plurality with the Indonesian state legal system. As with all legal systems, the Balinese customary law system is in a state of flux. This article will examine the foundational …

Tanggung Jawab Notaris Sebagai Pemberi Kerja Dalam Hal Terjadi Perbuatan Melawan Hukum, Siti Hajati Hoesin

Jurnal Hukum & Pembangunan

Notaries need the help of others to carry out their duties and authorities in making authentic deeds. Other people who work help the Notary, do work in the Notary's office, as a worker. Workers become Notary employees or not become Notary employees, which is only limited to doing the work given by Notaries. In connection with the implementation of the position of a Notary Public there is a possibility that an unlawful act will occur by a person who does work at the Notary Office. When an act of unlawfulness occurs at the Notary's Office, the Notary will be held …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.

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.

The Nationalization Of The Dutch Owned Plantations In North Sumatra: To Whom The Communal Land Belong?, Edy Ikhsan

Indonesia Law Review

This article has been developed through an analysis of primary and secondary sources concerning the nationalization’s policy of the Dutch enterprises in Indonesia as had been conducted by Soekarno’s regime back in 1958. The impact of this said policy has been so much felt very strongly to these days, most especially on the ex-concessionary lands of the Dutch enterprises in North Sumatera. The flaws made by the Indonesian government in interpreting the terminology of Concession to the Cultivation Rights on Lands, in the said nationalization policy, have created various endless conflicts among central and regional governments, state-owned enterprises, the Sultanates …

O’Neill, Oh O’Neill, Wherefore Art Thou O’Neill: Defining And Cementing The Requirements For Asserting Deliberative Process Privilege, Andrew Scott

Dickinson Law Review (2017-Present)

The government may invoke the deliberative process privilege to protect the communications of government officials involving policy-driven decision-making. The privilege protects communications made before policy makers act upon the policy decision to allow government officials to speak candidly when deciding a course of action without fear of their words being used against them.

This privilege is not absolute and courts recognize the legitimate countervailing interest the public has in transparency. The Supreme Court in United States v. Reynolds held that someone with control over the protected information should personally consider the privilege before asserting it but did not provide definitive …

Standing For Standing Rock?: Vindicating Native American Religious And Land Rights By Adapting New Zealand's Te Awa Tupua Act To American Soil, Malcolm Mcdermond

Dickinson Law Review (2017-Present)

On February 23, 2017, the Standing Rock Sioux Tribe (“Tribe”) was forced to disband its nearly year-long protest against the construction of the Dakota Access Pipeline, which threatened the integrity of its ancestral lands. The Tribe sought declaratory and injunctive relief in the United States District Court for the District of Columbia, but the court ruled against the Tribe and failed to protect its interests. While the United States was forcibly removing Indigenous protesters, other countries were taking steps to protect Indigenous populations. In unprecedented legislative action, New Zealand took radical steps to protect the land and cultural rights of …

Produk Hukum Pengkebirian Pemerintahan Desa, Sarip -

Jurnal Hukum & Pembangunan

This article aims to examine Law Number 6 of 2014 concerning Villages relating to the castration of villages through legal products issued by the state. Refuse of Article 18B Paragraph (2) The 1945 Constitution of the state recognizes and respects customary law community units and their constitutional rights insofar as they are still alive and in accordance with the development of society and the principle of the Unitary State of the Republic of Indonesia, which is regulated in law. The castration of the village is basically a means that cannot be fully blamed or justified. These considerations are of concern …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.

Technology Assisted Review (Tar) Guidelines, Bolch Judicial Institute

Bolch Judicial Institute Publications

In the winter of 2016, more than 50 e-discovery experts volunteered to develop and draft guidelines providing guidance to the bench and bar on the use of technology assisted review (TAR).

This document explains the TAR process and offers “best practices,” which are intended to provide a protocol on whether and under what conditions TAR should be used. It provides a strong record and roadmap for the bench and bar, which explain and support the use of TAR in appropriate cases.

As with any group product of this nature, where some consensus must be reached, the drafters and other participants …

Taxing Combat, Samuel Kan

Dickinson Law Review (2017-Present)

When you are being shot at or dodging landmines you are in a combat zone. Diplomatic niceties aside, these brave warriors are in danger because of the policies of their Government and we must take care of them. Quite frankly, we must act to insure that we do not have a repeat of what happened in Somalia. In Somalia, the families of the soldiers who lost their lives could not receive the benefits that should have gone to them under the Tax Code because the President never declared it a combat zone.

We don’t know exactly where we’re at in …

Predetermined? The Prospect Of Social Determinant-Based Section 1115 Waivers After Stewart V. Azar, Griffin Schoenbaum

Dickinson Law Review (2017-Present)

Section 1115 of the Social Security Act allows the Secretary of Health and Human Services (the “Secretary”) to waive some of Medicaid’s requirements so states can enact “demonstration projects.” A demonstration project is an experiment a state can conduct by modifying aspects of its Medicaid program. To waive Medicaid’s requirements for this purpose, the Secretary must determine that the proposed demonstration project will likely assist in promoting Medicaid’s objectives.

Using this standard, President Trump’s Secretary has approved waiver requests to enact demonstration projects that contain “community engagement” requirements. The U.S. District Court for the District of Columbia has heard each …

Indonesia And Its Reluctance To Ratify The United Nations Convention On Contracts For The International Sale Of Goods (Cisg), Surya Oktaviandra

Indonesia Law Review

There is still a huge debate on business policy in Indonesia pertaining the fact that the Government of Indonesia is still reluctance to ratify one of the important conventions for the business world namely CISG (Convention on Contracts for the International Sale of Goods). This paper attempts to discuss the issues which will deliver inter-disciplinary areas such as law, economics, and public policy. By analyzing this matter with a comprehensive measure, it will ensure an appropriate understanding and thus create more precise analysis to serve a contribution in suggesting solve-problem. Despite having its particular point of view, the author based …

Peluang Penyelesaian Sengketa Perdata Tentang Tanah Melalui Alternative Dispute Resolution Dengan Asas-Asas Hukum Perjanjian Di Dalamnya, Made Oka Cahyadi Wiguna

Jurnal Hukum & Pembangunan

The current developments, there are many land disputes that are vertical or horizontal. Issues concerning land affairs are often caused by salim claims over land rights. The intended land dispute is a civil dispute concerning the land. Achieving a win-win solution in the settlement of civil disputes over land is relatively difficult to materialize, if the settlement is resolved through a trial (litigation). The choice of law that can be chosen to obtain and realize a win-win solution in solving civil disputes over land is of course through alternative dispute resolution. By way of negotiation, mediation and conciliation. In the …

A Characterization Of The Medical-Legal Partnership (Mlp) Of Nebraska Medicine, Jordan Pieper

Capstone Experience: Master of Public Health

This research study was completed at Legal Aid of Nebraska’s Health, Education, and Law Project through the partnership it has formed working with Nebraska Medicine and Iowa Legal Aid. Traditionally, health and disease have always been viewed exclusively as "healthcare" issues. But with healthcare consistently growing towards holistic approaches to help patients, we now know there are deeper, structural conditions of society that can act as strong driving forces of a person's poor daily living conditions that can negatively impact health. The importance of a Medical-Legal Partnership is that it considers a patient's social determinants of health (SDHs). The goal …

A View From American Courts: The Year In Indian Law 2017, Grant Christensen

Seattle University Law Review

This Article provides a comprehensive review of Indian law for 2017. It does not include a citation to every case related to Indian law issued by the courts but tries to incorporate the majority of opinions into its catalog to provide a robust discussion of the changes in Indian law over the course of 2017. Part I of this Article provides some general statistics about Indian law in 2017. Part II focuses on activity at the U.S. Supreme Court, which is the most watched forum for Indian law cases for obvious reasons. Part III groups cases by subject area and …

Curtailing Online Service Provider Immunity From Liability: An Advocacy For The Entension Of Roommates.Com, Corey Patton

Seattle University Law Review

Section 230 of the Communications Decency Act (CDA) was enacted following the controversial decision in Stratton Oakmont, Inc. v. Prodigy Servs. Co., where an interactive computer service provider was held liable for a libelous message posted by a user on one of its financial message boards. The court determined that the service provider was a “publisher” of the libelous message for the purposes of state law because it had engaged in screening and moderating of other objectionable posts on its message boards but failed to remove the libelous message in question. Because the service provider voluntarily self-policed some of the …

Reforming Regenerative Medicine Regulation, Sarah Duranske

Georgia State University Law Review

Regenerative medicine is defined as the branch of medicine that develops methods to regrow, repair, or replace damaged or diseased cells or tissues. It includes a variety of approaches, such as transplanting cells to promote healing, editing genes in cells to attack cancer, and even building organs from biological materials. Regulating regenerative medicine therapies is no easy task. Finding a balance between competing interests–enabling timely access for needy patients while simultaneously ensuring a positive benefit/risk profile and promoting the development of beneficial innovations–is hard enough at any given point in time. But add in constantly advancing scientific knowledge and increasing …