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Kepastian Hukum Penyelesaian Sengketa Dengan Klausula Arbitrase Di Mahkamah Agung, Devianty Fitri, Almaududi Almaududi

Jurnal Hukum & Pembangunan

Settling disputes in court can be a time-consuming and exhausting process. Therefore, the availability of arbitration as an Alternative Dispute Resolution (ADR) is one of the efforts to achieve faster solutions and dispute resolutions. However, in some cases in the Supreme Court, there are disputes that contain arbitration clauses in the agreement, yet they are still submitted to court and decided by the court. This research aims to examine the disappearing in-depth study of legal certainty in dispute resolution with arbitration clauses by analyzing several verdicts. The method used in this study is normative juridical with a legislative and case …

The Digitization Of Notarial Tasks - A Comparative Overview And Outlook Of ‘Cyber Notary’ In Indonesia And Germany, Stefan Koos

The Indonesian Journal of Socio-Legal Studies

This article highlights the newer discussion of the term "cyber notary" in the Indonesian legal context and compares the discussion with the discussion on the use of digital instruments for German notaries. The article notes that the concept of cyber notary is being discussed in Germany and other EU-member states as well, where the integration of digital and cyber elements into the notary system is considered as a way to make processes more efficient, accessible, and secure. This includes the use of digital signatures, online notarization, the use of notarial blockchains, or secure digital storage for notarized documents. However, the …

Chatgpt – What An Attorney Needs To Know When Using This New Tool, Grant Gamm

SLU Law Journal Online

There is a large potential impact of ChatGPT, an AI language processing model, on the legal industry. In this article, Grant Gamm highlights the various benefits and limitations of the new technology, while emphasizing ethical considerations that attorneys must keep in mind when using it. The article also touches on the broader issues of bias and "hallucinations" that can arise with AI tools and their potential impact on society. Overall, the article highlights the need for attorneys to maintain competence in technological advancements and be vigilant about ethical implications when adopting new tools like ChatGPT.

Fighting The Illicit Antiquities "Artworld": A Critical Approach To The Heritage Laws Of Guatemala, Irene Marti Gil

LSU Doctoral Dissertations

This dissertation examines the suitability of the legal framework for the protection of cultural heritage in Guatemala, which is the country of origin for over thirty percent of the Maya objects traded in the antiquities market, and proposes strategies that improve the effectiveness of the law. To examine the heritage laws enforced by the Republic of Guatemala, I implement linguistic anthropological methods of qualitative research.

Discourse Analysis, Critical Discourse Analysis, and Conceptual Analysis on the national heritage policies of Guatemala reveal the existence of ontological problems regarding the conceptualization of heritage as a monolithic entity reflecting a State-led narrative with …

Sticky Situations: Understanding The Law And Life, Krystal Banks

National Youth Advocacy & Resilience Conference

Law and life go hand in hand. Understanding the law and how it connects to life can be an effective tool in teaching youth and adults the value of making good decisions when it comes to life and the law. Sticky Situations places real-world situations in the context of learning how to apply the law and effectively respond to life's sticky situations.

Employee Of The Month: Exploring Whether An Employee's Act Of Fraud May Be Imputed To His Employer Under Agency Principles, Max Birmingham

DePaul Business & Commercial Law Journal

No abstract provided.

Community Justice Services: Models From Around The World, Lisa Moore

Canadian Forum on Civil Justice

This document examines community justice services. It highlights approaches and models for local justice outreach and legal assistance effectuated by organizations around the world. The organizations profiled in this document all provide legal assistance in some form to underserved, underprivileged, vulnerable, and/or marginalized populations. In many cases, geographic location is an important factor determining who can access legal help, but it is not the only factor or necessarily a prerequisite. Across the diverse community justice services included in this document, legal assistance is provided virtually, in-person, by phone, or in hybrid formats to individuals living within or beyond a given …

Strengths And Opportunities For Sustainability, Ab Currie

Canadian Forum on Civil Justice

At the mid-point of this three-year pilot project, the evidence suggests that the Mobile Rural Law Van is accomplishing its primary objective of better meeting the needs of people in rural Wellington County and North Halton. Is the success after two summers and one winter of operation sustainable? Sustainability is about more than just money, more than cost and about cost per person served. Sustainability depends on how the project operates and how it is connected with the community being served. This paper identifies the non-monetary factors that make the Law Van project sustainable, suggesting adjustments that might be made …

Theseus In The Labyrinth: How State Constitutions Can Slay The Procedural Minotaur, Marcus A. Gadson

Washington Law Review

Civil procedure is one of the biggest hurdles to access to justice. An array of rules and interpretations of those rules have turned lawsuits into meandering mazes with a procedural minotaur waiting to gobble up meritorious claims. The problem is especially acute for the many Americans without abundant resources or access to a lawyer. Fortunately, there is a ready remedy, albeit one access to justice advocates have ignored: state constitutions. Forty state constitutions, which protect hundreds of millions of Americans, generally guarantee “[t]hat all courts shall be open, and every person, for an injury done him in his person, property …

“Fundamental Fairness”: Finding A Civil Right To Counsel In International Human Rights Law, Meredith Elliott Hollman

University of Richmond Law Review

Every other Western democracy now recognizes a right to counsel in at least some kinds of civil cases, typically those involving basic human rights. The World Justice Project’s 2021 Rule of Law Index ranked the United States 126th of 139 countries for “People Can Access and Afford Civil Justice.” Within its regional and income categories, the United States was dead last. The United Nations and other international treaty bodies have urged the United States to improve access to justice by providing civil legal aid. How did we fall behind, and what can we learn from the rest of the world? …

Solving Slapp Slop, Nicole J. Ligon

University of Richmond Law Review

In a substantial minority of states, wealthy and powerful individuals can, without much consequence, bring defamation lawsuits against the press and concerned citizens to silence and intimidate them. These lawsuits, known as “strategic lawsuits against public participation” (“SLAPP”s), are brought not to compensate a wrongfully injured person, but rather to discourage the defendants from exercising their First Amendment rights. In other words, when well resourced individuals feel disrespected by public criticism, they sometimes sue the media or concerned citizens, forcing these speakers to defend themselves in exorbitantly expensive defamation actions. In states without anti-SLAPP statutes—statutes aimed at protecting speakers from …

Sanchez V. Mayorkas: Is This The End Of Green Cards For Temporary Protected Status Holders?, Thalia G. Rivet

University of Miami Inter-American Law Review

This Note was inspired by the U.S. Supreme Court’s decision in Sanchez v. Mayorkas. This decision put an end to the decade-long circuit split over whether a Temporary Protected Status (“TPS”) recipient, who entered the United States unlawfully, could still become a Lawful Permanent Resident (“LPR”). Since its inception, TPS holders have been denied an avenue to adjust their status despite their socioeconomic impact on the United States and every TPS-designated country. This Note will break down and analyze the decision in Sanchez v. Mayorkas through (1) the examination of the circuit split cases, (2) the analysis of TPS holder’s …

Chevron: Fueling The Right Against Title 42 And The Denial Of U.S. Asylum Rights, Nicholas Pierre-Paul

University of Miami Inter-American Law Review

This Note was inspired by the questionable treatment of Haitian asylum seekers in Del Rio, Texas, where horseback U.S. officials charged at them using reins as whips, before immediately deporting them back to Haiti. The U.S. government justified its actions by claiming that Title 42 permits U.S. officials to prohibit the entry of individuals when there is a danger of introducing certain diseases, such as COVID-19. However, Title 42 conflicts with the United States’ codified commitment to the principle of non-refoulment, prohibiting it from returning certain refugees to a country where their life or freedom would be threatened. Accordingly, the …

The Extent To Which A Contract May Be Terminated Based On A Prior Breach Of The Contractual Obligation: A Comparative Study, Mohdkhair Mahmoud Adwan Dr., Naim Ali Otoum Dr

UAEU Law Journal

The Contractual Obligation is proven to be owed by its owner as soon as the contract is concluded or the deadline for its implementation is due, Following this that the contractual violation should be before it not after, and if that kind of violation is the ordinary kind of contractual fault so the happening of contractual violation before the execution is a case been put by rules and Judicial Pronouncements as putting it in certain ordered law firm has its special private rules and obligations that distinguishes it from any similar cases of the expiry of contract.

And for that …

The Arbitrary Dismissal Of The Worker In Light Of The Conflicting Rulings Of The Palestinian Court Of Cassation (Pcc), Ahmad Abu Zeineh Dr.

UAEU Law Journal

Palestinian Court of Cassation (PCC). The focus has been, in particular, on the arbitrary dismissal from wok enshrined in the Palestinian Labor Law No. (7) of 2000. Although the rulings issued by the PCC must be uniform and harmonious, so that they can be followed by the appellate courts, despite the reversal of a principle established in a previous ruling issued by the Court of Cassation requires a general assembly of this Court to convene to decide on that return, but we found contradictions in many of the judgments passed by the Court, in several issues related to the subject …

Nature, Types, And Effects Of Agency Under The English Law: A Comparative Study, Younis Salah Eddin Ali Dr.

UAEU Law Journal

The agency is considered as one of the legal systems contained in the English common law, which is based on the customary rules and judicial precedents of the English courts. And depended, to a limited extent, on the legislations enacted later. This means that it is one of the legal systems which is characterized by its customary and judicial origins. It is worth-mentioning that the nature of the agency in the English law differs according to whether the agent enjoys the required contractual capacity or not. If he or she does so, it can be regarded as an agreement concluded …

Force Majeure In Fidic Contracts: A Comparative Study "Study Of The Fidic International Model 2017 Red Book", Dr. Abdul-Rahman Mohamed Salem

UAEU Law Journal

The implementation of international and internal FIDIC contracts is obstructed by some circumstances, which prevent the implementation of one or some of these contract obligations or may terminate the implementation of the contract permanently for one of its parties. Among those circumstances is the force majeure (exceptional event); Therefore, its concept must be defined in the FIDIC contracts, and the extent of its distance or proximity to its general concept in the rule of general rules. In addition to the need to prove them and verify their availability by notification of their availability in the cases specified by those contracts …

Implications Of Good Faith In Construction Contracts, Nadine Rashed

Theses and Dissertations

The principle of good faith is making inroads and continues to significantly impact various contractual arrangements. In most civil legal systems, good faith is present as a core principle. Nevertheless, its definition is beyond doubt scarce in the construction industry. However, the common law lacks the good faith obligations. Good faith is one of the fundamental principles that impact the contractual obligations between the contracting parties. This paper creates an urge to address the implications of good faith on construction contracts in the pre-contract and post-contract award stages. Therefore, the paper’s objective is to propose a legal/contractual clause that meets …

What A Waste! An Evaluation Of Federal And State Medical And Biohazard Waste Regulations During The Covid-19 Pandemic And Their Impact On Environmental Justice, Samantha Newman

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Let's Talk Dirty: Revealing The United States Sanitation Crisis And Its Disproportionate Effect On Poor And Minority Communities, Lindsay Norton

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Westerners Hung Out To Dry: A Review Of The Prior Appropriation Doctrine Amidst A Drying Climate And A Patchwork Of Water Claims, Madelyn M. Vandorpe

Villanova Environmental Law Journal (1991 - )

No abstract provided.

The Evolution Of Chapter 11: How Corporate Restructuring Has Evolved And Its Important Role In The Recovery Of A Struggling Economy, Eduardo Cervantes

DePaul Business & Commercial Law Journal

No abstract provided.

Covid-19 Vs. Constitution; Limited Government's Unlimited Response, John A. Losurdo

DePaul Business & Commercial Law Journal

No abstract provided.

The "No License, No Chips" Policy: When A Refusal To Deal Becomes Reasonable, Sheng Tong

DePaul Business & Commercial Law Journal

No abstract provided.

The Dark Triad: Private Benefits Of Control, Voting Caps And The Mandatory Takeover Rule, Jorge Brito Pereira

DePaul Business & Commercial Law Journal

No abstract provided.

From Serving The Needs Of The Few To Serving The Needs Of The Many, Ab Currie

Canadian Forum on Civil Justice

From the outset, the objective of the Rural Mobile Law Van project has been to expand service in underserved rural areas, first to rural Wellington County in the summer 2019 pilot project and then in the second three-year phase of the project from 2021 to 2024 to Wellington County and to the adjacent North Halton area as well. The mobile law van operates between May and the end of October. During the fall and winter when Canadian weather becomes too inclement for an outdoor service the winter “law van” moves to various indoor venues in the same towns where the …

The Future Of American Legal Tech: Regulation, Culture, Markets, Benjamin H. Barton

Book Chapters

America’s legal technology boom presents a puzzle. On the one hand, America’s market for legal services is among the most tightly regulated in the world, suggesting infertile ground for a legal technology revolution. America has the world’s most robustly protected lawyer monopoly. Its version of the prohibition against the unauthorized practice of law (UPL) is among the broadest and most aggressive in the world because it theoretically bans all non-lawyers from giving any “legal advice” in addition to the more typical bar against filing papers or appearing in court. Likewise, America’s barriers to entering the legal profession are exceedingly high: …

Good Representatives, Bad Objectors, And Restitution In Class Settlements, Jay Tidmarsh, Tladi Marumo

BYU Law Review

This Article uses two recent decisions — one prohibiting incentive awards to class representatives and one permitting disgorgement of side payments to class objectors — to explore deeper connections between class action settlements and the law of restitution. The failure to correctly apply the law of restitution led both courts astray. First, courts can approve incentive awards, as long as an award properly reflects the benefit that the representative's efforts bestowed on the class. Second, restitution provides a basis to disgorge improper side payments to objectors, but only under conditions different from those that the court described. More broadly, attention …

Seibel V. Eighth Jud. Dist. Ct., 138 Nev. Adv. Op. 73 (Nov. 23, 2022), Tzu-Wen Lin

Nevada Supreme Court Summaries

In this opinion drafted by Justice Hardesty, the Court clarifies the burden of proof that district courts are to use when determining whether the crime-fraud exception should apply under NRS 49.115(1). The Court holds that the party seeking to invoke the crime-fraud exception must satisfy a two-part test which the party must show by a preponderance of the evidence: (1) “the client was engaged in or planning a criminal or fraudulent scheme when it sought the advice of counsel to further the scheme” and (2) the attorney-client communications for which production is sought are “sufficiently related to and were made …

Running A Different Route: How Youtube Tv Plans To Avoid Antitrust Violations, Brody Shea

SLU Law Journal Online

After reaching a deal this past December, YouTube TV is now the sole option for NFL Sunday Ticket subscribers. By providing out-of-market sports games in a bundled package, YouTube TV runs the risk of violating the Sherman Antitrust Act. In this article, Brody Shea addresses how YouTube TV can avoid future litigation.