Courts Commons^™

Penegakkan Hukum Dan Ketentuan Pidana Dalam Penghapusan Bentuk Diskriminasi Rasial, Nukila Evanty

Jurnal Hukum & Pembangunan

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Peran Dan Tanggung Jawab Penjamin Emisi Efek Di Pasar Modal, M. Irsan Nasarudin

Jurnal Hukum & Pembangunan

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Konsensus Untuk Mempertahankan Pembukaan Uud 1945, Mura P. Hutagalung

Jurnal Hukum & Pembangunan

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Sejarah Asal Usul Desa Dan Masyarakat Hukum Adat, Rehngena Purba

Jurnal Hukum & Pembangunan

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Mitos Bandung Bondowoso . Roro Jonggrang Dalam Penegakkan Hukum Di Indonesia, Suparjo Sujadi

Jurnal Hukum & Pembangunan

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Implikasi Globalisasi : Dari Bureaucratic Society Menuju Civil Society, Fx. Adjie Samekto

Jurnal Hukum & Pembangunan

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Komisi Pengawas Eksternal Pada Polisi, Harkristuti Harkrisnowo

Jurnal Hukum & Pembangunan

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Otonomi Daerah Dalam Uu Nomor 22 Tahun 1999 Tentang Pemerintahan Daerah Dan Uu Nomor 5 Tahun 1974 Tentang Pokok-Pokok Pemerintahan Di Daerah, Fatmawati Fatmawati

Jurnal Hukum & Pembangunan

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Sengketa Bersenjata Non Internasional, Sulaiman Sulaiman

Jurnal Hukum & Pembangunan

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Pengaturan Perluasan Yurisdiksi Pidana Di Suatu Wilayah Negara, Yasin Tasyrif

Jurnal Hukum & Pembangunan

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Sejarah Undang-Undang Dalam Pembuatan Rancangan Undang-Undang, Frans Limahelu

Jurnal Hukum & Pembangunan

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Qualified Immunity: Emerging Fault Lines In The Eleventh Circuit, Ricky J. Marc

University of Miami Race & Social Justice Law Review

Qualified immunity operates as a central doctrine in federal civil rights litigation, defining the threshold between government accountability and official protection from suit. Within the Eleventh Circuit, this doctrine has developed into a highly structured yet fact-dependent framework that shapes litigation strategy and judicial outcomes. This article offers a comprehensive analysis of qualified immunity in the Eleventh Circuit from 2022 to 2025, drawing on recent precedents involving law enforcement officers and correctional officials. It examines the Circuit’s treatment of clearly established rights, the role of objective reasonableness in determining constitutional violations, and the evidentiary dynamics that influence summary judgment and …

Penanggulangan Masalah Preman Ditinjau Dari Sudut Politik Kriminil, M. Hamdan

Jurnal Hukum & Pembangunan

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Or Else: Statutes Without Sanctions And The Doctrine Of Meaningful Interpretation, Christian Davis

Washington and Lee Law Review Online

Mankind has been fashioning laws for millennia. And while the form and substance of laws vary widely across times and places, all laws are unified by a fundamental reality that transcends the particular legal and political institutions of the day. To put it simply: laws only work if someone is prepared to enforce them.

As arbiters of the American legal system, state and federal judges are aware that—in order for a law to have the conduct-influencing effect it was designed to have—it must be supported by some version of an “or else” clause, a punishment or penalty sufficient to dissuade …

The Judicial Police Power, Alice Ristroph

Villanova Law Review (1956 - )

No abstract provided.

Brief Of The American Immigration Lawyers Association And Immigration Law Scholars As Amici Curiae In Support Of Respondents, Lindsay Nash

Amicus Briefs

Amicus curiae brief submitted by the American Immigration Lawyers Association and immigration law scholars in support of the respondents in Mullin v. Doe and Trump v. Miot before the Supreme Court of the United States. The brief argues that the Temporary Protected Status (TPS) statute strictly limits the Executive Branch's authority to terminate TPS designations and requires continuation of protection unless the statutory conditions justifying designation no longer exist. The amici further contend that TPS serves a critical humanitarian function by protecting individuals from removal, detention, and loss of work authorization while conditions in designated countries remain unsafe.

Evaluasi Terhadap Undang-Undang Pemilu Dan Peraturan Pelaksanaannya Kearah Penyempurnaan Sistim Pemilu, M. Riza Sihbudi

Jurnal Hukum & Pembangunan

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Should Judicial Opinions Be Read Like Statutes?, Margaret H. Lemos

Northwestern University Law Review

Should judicial opinions be interpreted with an eye to their purpose, context, or the intent of their authors, or should interpreters focus on the ordinary meaning of the text? Opinions present the same sorts of interpretive puzzles as other legal texts, and yet they have been omitted from the debates over interpretive methodology that dominate the fields of constitutional and statutory interpretation. The omission is no accident: the Supreme Court has stated repeatedly—and with increasing frequency in recent years—that judicial opinions are not to be read like statutes. Yet neither courts nor commentators have explained why the principles that ground …

The Ex Parte Young Cause Of Action: A Riddle, Wrapped In A Mystery, Inside An Enigma, Andrew S. Oldham, Adam I. Steene, John W. Tienken

Northwestern University Law Review

Ex parte Young ushered in a new era of the American judicial system. Most famously, the decision allowed plaintiffs, in certain circumstances, to sue state officials without having to worry about sovereign immunity. Young’s other holding, though perhaps lesser known, is no less important: individuals, the Supreme Court held, have an equitable cause of action to sue government officials for injunctive relief.

Even today, that second holding remains something of a riddle. Did this cause of action always exist in American law? Or was it an invention of the Young Court? And, at any rate, does the Ex parte …

Mister President & May It Please The Executive: Causal Barriers To Court-Packing, Mason Smith

Seaver College Research And Scholarly Achievement Symposium

As attacks on democracy have become increasingly ubiquitous, scholarship has begun to shed light on a common, effective, and inimical means of subverting governments accountable to the masses: court-packing. So, how can democracies prevent court-packing? Among many implicit causal theories taken from the extant research, which hasn’t directly tackled this problem, two seem the most plausible and ripe for analysis, suggesting that court-packing’s success turns on either the strength (i) of institutional constraints or (ii) of domestic judicial norms. To see which theory works better in practice, I use a narrowly tailored iteration of comparative process tracing, as it best …

Aspek Yuridis Pemutusan Hubungan Kerja Di Perusahaan Swasta, Abdul Bari Azed

Jurnal Hukum & Pembangunan

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Correcting Confusion Over Commandeering, Supremacy, And Preemption: A User’S Guide To Modern Federalism, Vikram David Amar

Pepperdine Law Review

Current disputes between state/local entities and the Trump administration, some of which build on flare-ups over the past few decades, place in sharp relief the key doctrinal features of modern federalism, many of which seem to confound the Supreme and lower courts, to say nothing of political actors and legal analysts. The mistakes being made run in both directions; sometimes states are wrongly confined, and in other episodes states are given (or are seeking) more than they are constitutionally due. In this Essay, I use several case studies—some from recent weeks or months and others from recent years or decades—to …

The Imperious Presidency: Brazen Power Plays And Executive Overreach, Daniel Farber

Pepperdine Law Review

The Trump Administration has been prone to brazen power plays. These actions have three basic characteristics: they are dramatic deviations from conventional governance, generating headlines and online clicks; their legal (and sometimes factual) foundations are tenuous; and they are potentially effective even if they are ultimately held lawful. This Essay analyzes this phenomenon. It argues that such power plays can be a rational strategy for a president under certain circumstances. Power plays can help dominate the news flow and energize the political base. They can also cause behavior shifts in their targets, even when litigation would be likely to overturn …

“The Future Of Executive Power”: An Overview, Robert J. Pushaw Jr.

Pepperdine Law Review

This symposium overview examines the rapid expansion of presidential power in the modern era, culminating in what the author and contributors describe as an unprecedented assertion of Article II authority during President Trump’s second term. It argues that the Constitution’s original separation-of-powers framework—designed to prioritize legislative authority and constrain the executive—has been inverted due to the growth of presidential control over foreign affairs, the administrative state, and policymaking. The article traces this shift through historical developments such as the New Deal, the rise of independent agencies, and the emergence of the “unitary executive” theory, while also analyzing recent Supreme Court …

Perang Irak- Iran Mengancam Keamanan Pelayaran Kapal Negara Netral, Rusdi Malik, S.H.

Jurnal Hukum & Pembangunan

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Advokat Dan Penegakan Hukum Dalam Perspektif Peradilan Pidana, Luhut M.P. Pangaribuan, S.H.

Jurnal Hukum & Pembangunan

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Fit To Be Tried By Jury, But Not To Be A Juror: The Dilemma Faced By “Adults” Under Age 21, Kenneth Bell

SLU Law Journal Online

This article, “A Time To Speak: A Lifer’s Assessment of the Sentence of Death by Imprisonment” appeared in the 2025 Special Edition of The Writer’s Block under the longer title, “A Time To Speak: A Lifer’s Assessment of the Sentence of Death by Imprisonment and the Application of Roper v. Simmons and Miller v. Alabama.”  It is a four part discussion of the nature and continued viability of the sentence of life without parole particularly the need to end the imposition of that sentence upon persons between the ages of eighteen and twenty-one, i.e., emerging adults. This shorter piece extends …

The Living Architecture Of Law, Joseph R. Goodwin

West Virginia Law Review

No abstract provided.

Reel It In: Untangling The Circuit Split On The Constitutionality Of Geofence Warrants Under The Fourth Amendment, Kate P. Risser

Washington and Lee Journal of Civil Rights and Social Justice

This Note examines geofence warrants and their ongoing threat to constitutionally protected rights such as privacy, speech, and assembly. Part I will provide background information on geofence warrants and examine the prominent justifications for the use of the warrants. Part II will examine how law enforcement’s use of geofence warrants threatens citizens’ constitutionally protected fundamental rights like privacy and reproductive rights. Specifically, Part II addresses how geofence warrants disproportionately target and affect women, people of color, and low-income individuals. Part III will detail the history of the Fourth Amendment tracing its roots to before the Founding Era then exploring applicable …

Article Iii's Constraints On The Legislative Power, Elizabeth Earle Beske

William & Mary Law Review

Article III’s heightened concreteness standard for statutory harms takes federal judges deep into legislative terrain, jeopardizing statutory damage provisions and confining Congress to post hoc solutions rather than preemptive strikes. The Supreme Court has insisted that creating a cause of action is a legislative function. At the same time, its recent standing cases instruct lower federal courts to permit suit on statutory injuries only when they find actual harm that bears a tight connection to injuries recognized at common law. This new harm requirement rests uneasily with countless statutes featuring statutory damage provisions that are in place precisely because damages …