Courts Commons^™

Sedikit Tentang Undang-Undang Pokok Agraria (U.U.P.A.) Dan Praktek Pelaksanaannya, Abdurahman S.H.

Jurnal Hukum & Pembangunan

Abstract

Pertanggungan Jawaban Hukum Mengenai Masalah "Tanah Oloran" "Tanah Bantaran" Pada Aliran Bengawan Solo, Wisnu Susanto

Jurnal Hukum & Pembangunan

Abstract

Aspek Hukum Pasar Modal (Bagian 2), Soemantoro Fhui

Jurnal Hukum & Pembangunan

Abstract

The Fallacies Of Originalism: Why Treating History And Tradition Alone As Dispositive Is Not Superior To The Tiers Of Scrutiny, Gage A. Johnson

Cleveland State Law Review

The goal of this Article is to develop the current history and tradition standard. I argue that the Bruen use of history and tradition is not a more principled or better way of interpreting the Constitution than the infamous tiers of scrutiny. This argument is supported by analyzing the way the Court has used history and tradition in reviewing restrictions on the Second Amendment and the push for it to be used under the First Amendment. I argue that Justice Thomas’s rigid application of history and tradition is essentially an ends-justifying-the-means analysis that is no different than the so called …

The Second Amendment Right To Bear Arms, Or Lack Thereof: Assessing The Prohibition Of Unlawful Immigrants From Possessing Firearms, Anna Egensperger

Et Cetera

This Note looks at the hot button issue of whether unlawful immigrants should have the constitutional right to bear arms. Thus far, the Circuit Courts have come to different conclusions which require the input of the United States Supreme Court. Although intertwined with political views, this Note attempts to take a non-partisan stance which prioritizes the application of case law and a consistent reading of the Constitution. To provide the full context of this issue, this Note begins by describing the facts and holding of Columbia v. Heller which creates the first test for establishing a right protected under the …

The Second Amendment, Illegal Aliens, And The Bruen Test: Defending The Constitutionality Of 18 U.S.C. § 922(G)(5), Ian Duncan

Cleveland State Law Review

This Note examines the constitutionality of 18 U.S.C. § 922(g)(5), which prohibits unlawful aliens from possessing firearms, under the Supreme Court’s text-and-history framework announced in New York State Rifle & Pistol Ass’n, Inc. v. Bruen and developed further in United States v. Rahimi. In the wake of Bruen, lower courts have fractured over how strictly to demand historical analogues and how to treat longstanding status-based restrictions in § 922, including prohibitions on possession by felons, domestic-violence offenders, and noncitizens. Against that backdrop, this Note argues that § 922(g)(5) is constitutionally sound.

Part I traces the development of Second …

Penegakan Peraturan Lalu Lintas Dan Kepatuhan Terhadapnya (Dengan Minat Khusus Kota Jakarta), Soerjono Soekanto

Jurnal Hukum & Pembangunan

Abstract

Brief Of Notre Dame Education Law Project, Notre Dame Program On Church, State & Society, And Lindsay And Matt Moroun Religious Liberty Clinic Amici Curiae In Support Of Petitioners, Richard W. Garnett, Nicole Stelle Garnett, John A. Meiser

Court Briefs

No. 25-802
Foothills Christian Ministries v. Kim Johnson

On Petition for Writ of Certiorari to the United States Court of Appeals for the Ninth Circuit

From the Summary of Argument

The First Amendment guarantees religious institutions the power to conduct their internal affairs. Our Lady of Guadalupe School v. Morrissey- Berru, 591 U.S. 732, 746 (2020). See also Cath. Charities Bureau, Inc. v. Wisconsin Lab. & Indus. Review Comm'n, 605 U.S. 238, 249 (2025); id. at 255 (Thomas, J., concurring). This principle of self-governance, known as the church autonomy doctrine, is an essential feature of the Constitution’s …

Is History Precedent?, Allison Orr Larsen

Faculty Publications

It has been just over three years since the Supreme Court instructed lower courts to evaluate Second Amendment challenges by examining history and tradition. And it is no secret that the courts have struggled. This Article tackles a phenomenon that is born of that struggle. Overwhelmed by the task of evaluating historical claims, lower courts instead are turning to other judges as authorities on history. They are using what I call in this Article “historical precedents”—meaning language about history from an older decision that the subsequent judge then treats as authority, not as part of a legal rule but for …

The Federalism Canons As Ordinary Interpretation, Anthony J. Bellia Jr., Bradford R. Clark

Northwestern University Law Review

Scholars remain generally skeptical of substantive canons of statutory interpretation even as courts continue to employ such canons in important cases. Unlike semantic canons, which help judges discern the best meaning of statutory text in context, substantive canons provide tiebreakers when the text is unclear or require special clarity in order for the text to perform certain functions. Among the substantive canons, the so-called “federalism canons” have been singled out for special scrutiny. The federalism canons are a family of canons that require courts to avoid interpreting an act of Congress to divest states of certain sovereign rights or powers—including …

The Establishment That Time Forgot: The Historical Understanding Of Religious Offenses And Their Unconstitutionality In Modern Law, Benjamin J. Citow

Northwestern University Law Review

This Note argues that religious offenses, meaning laws which penalize conduct for religious purposes, should be barred by the Establishment Clause of the Constitution, as the Clause was interpreted in Kennedy v. Bremerton School District. This is because Kennedy interpreted the Establishment Clause to prohibit each of the several types of laws which early Americans associated with religious establishment—the historical practice wherein early states would adopt a religion as the state religion and pass various types of laws for its support. And religious offenses, this Note argues, were amongst the types of laws which early Americans so associated with …

Applying The Indian Commerce Clause To Indian Commerce, Adam Crepelle

Northwestern University Law Review

Indian country commerce generates tens of billions of dollars annually and is a constant source of litigation. These disputes typically revolve around jurisdictional conflicts: whether states, tribes, or both possess regulatory authority over the business operating in Indian country, particularly those involving non-Indians. Despite numerous court cases, no clear legal framework has emerged, creating pervasive uncertainty regarding fundamental issues, such as state taxation of tribal transactions and the proper forum for resolving Indian country contract disputes. Interestingly, these commercial cases overlook the Indian Commerce Clause—the constitutional provision designed to address such matters.

This Article argues the Indian Commerce Clause prohibits …

Electoral Due Process, Michael S. Kang

Northwestern University Law Review

Hyperpartisanship has hit century-long highs in American politics and is emboldening state government attempts to undermine election outcomes by using control over state lawmaking structure to strip away authority, and sometimes outright unseat, partisan opponents after they win elected office. Even as traditional norms against such moves have eroded, the Supreme Court has taken a pro-partisanship turn in removing judicial checks against such moves under equal protection and constitutional structure. This Article proposes shifting from challenges under those doctrines to a new approach under electoral due process for confronting this new generation of antidemocracy. Federal due process law restricts the …

Brief For Amici Curiae Immigration Law Scholars In Support Of Petitioner-Appellee, Supporting Affirmance, Lindsay Nash

Amicus Briefs

Amicus curiae brief filed by immigration law scholars, including Cardozo School of Law Professor Lindsay Nash, in Herrera Avila v. Bondi. The brief examines the scope of mandatory immigration detention under the Immigration and Nationality Act and argues that 8 U.S.C. § 1225(b)(2)(A) applies to noncitizens seeking admission at the border rather than individuals apprehended within the interior of the United States.

Brief Of Amici Curiae Children's Rights Scholars And Advocates In Support Of Appellants' Opening Brief: Lighthiser V. Trump, Abigail L. Fleming, Douglas A. Ruley, Catherine Smith

Scholarly Articles

For decades, constitutional doctrine has recognized that children possess enforceable constitutional rights and that their developmental, physical, and social differences from adults are important considerations in constitutional analysis. Courts may not impute adult capacities, privileges, or political agency to children when determining whether their rights may be vindicated, leaving them no democratic mechanism to alleviate their injuries.

The district court’s dismissal of the youth plaintiffs’ claims rests on precisely that error. Although the court recognized that the children alleged concrete, severe, and escalating harms caused by the challenged executive actions, it concluded that relief must come from the political branches …

The Evidence Machine: Rethinking Admissibility And Privacy In India's Ai Surveillance State, Samyukta Ramaswamy

Indian Journal of Law and Technology

The proliferation of artificial intelligence (‘AI’) surveillance technologies that utilise machine learning (‘ML’) capabilities to gather and process information to derive insights about individuals has transformed the surveillance landscape by enabling governments and private entities to engage in increasingly pervasive monitoring and data-driven profiling. In India, this transformation is compounded by the presence of executive-controlled surveillance mechanisms under the legal framework of the Telecommunications Act 2023, the Telecommunications (Procedures and Safeguards for Lawful Interception of Messages) Rules 2024, and the Digital Personal Data Protection Act 2023, amongst others, which authorises wide-ranging data interception and dragnet surveillance while exempting government agencies …

Kedudukan Hukum Eks-Kreditor Pasca Debt To Equity Swap Yang Dihomologasi Dalam Pkpu Kedua Dan Kepailitan Debitor Akibat Pembatalan Perdamaian, Reza Rahmawati

Jurnal Hukum & Pembangunan

Debt to Equity Swap (DES) under a composition plan in Suspension of Debt Payment Obligations (PKPU) proceedings constitutes a restructuring mechanism that transforms the legal status of a Creditor into that of a shareholder upon homologation. Legal issues arise when The Debtor subsequently enters a Second PKPU due to newly incurred debts or is declared bankrupt following the annulment of the composition, while Law No. 37 of 2004 on Bankruptcy and Suspension of Debt Payment does not expressly regulate the legal consequences of a DES under such circumstances. This normative legal research aims to analyze the legal standing and legal …

Tinjauan Frasa “Setiap Orang” Dalam Pasal 3 Ayat (1) Peraturan Pemerintah Nomor 56 Tahun 2021 Tentang Pengelolaan Royalti Hak Cipta Lagu Dan/Atau Musik, Fajar Hidayansyah Ilham, Luna Dezeana Ticoalu

Jurnal Hukum & Pembangunan

Copyright is one form of legal protection for intellectual works, occupying an important position within the intellectual property law system. The Copyright Law explicitly grants exclusive rights to creators, encompassing both moral rights and economic rights. Economic rights, as stipulated in Article 9 paragraph (1), allow creators to obtain economic benefits from their works, ranging from publication, reproduction, distribution, performance, to communication to the public. This provision shows that creators hold a primary position as legal subjects entitled to protection, while also serving as central actors in the creative industry ecosystem. In practice, the mechanism for copyright protection requires implementing …

An Originalist Interpretation Of Article Iii Permits And Favors Bivens Actions As A Recognition Of The Intrinsic Connection Between Rights And Remedies, Shrivathsan Margam S

Mitchell Hamline Law Journal of Public Policy and Practice

The Bivens Doctrine, which stands for the principle that judges may infer private causes of action for money damages against federal officers from a constitutional text that does not expressly create such remedies, has faced attack from Originalists on the Supreme Court of the United States. Every case seeking to extend the Bivens principle to a new context meets rejection from the Court with concurrences calling for overturning it altogether. This Article will argue that an Originalist approach to interpreting the Constitution, specifically the Original Methods subset of the ascendant lens of Original Public Meaning, permits and counsels in favor …

Let Them Hear It: Peaceful Protests Near The Homes Of Supreme Court Justices, Srikanth Reddy

Lewis & Clark Law Review

All of us—not just attorneys and politicians—need to be more critical and skeptical of the Supreme Court. Criticism by ordinary people is good and appropriate, even if it hurts the Justices’ feelings. That includes public protests. When a case matters enough to them, members of the public can and should criticize the Court and its Justices, including by peacefully gathering and protesting near a Justice’s home, or when a Justice appears out in the world.

Taking Off The “Blindfold”: Exploring Montana’S Public Trust Doctrine And The Right To A Clean And Healthful Environment After Held V. Montana, Lizzy Gazeley

Lewis & Clark Law Review

As global average temperatures continue to rise, the threat of climate change looms closer. To evade climate catastrophe, greenhouse gas emissions will need to be substantially reduced. Despite climate change’s imminent risks, in the United States, both the federal government and states remain resistant to transitioning away from fossil fuel energy sources. To combat this government inaction, some litigants have turned to an ancient doctrine. The public trust doctrine provides that sovereigns must protect natural resources from substantial impairment to ensure the public’s right to use those resources.

In Held v. Montana, youth plaintiffs alleged that the State of Montana …

Mexico’S Judicial Elections And The Politics Of Reform, Amanda Driscoll, Michael J. Nelson, Julio Ríos-Figueroa

Judicature International

No abstract provided.

Toys As Evidence, Randall K. Johnson

Faculty Works

This Essay asks and answers a single question, which was posed during a recent symposium at the National Museum of Toys & Miniatures. Could the study of revealed preferences, which is the idea that observed behaviors are the best indicator of one’s beliefs, improve our collective understanding about what constitutes unlawful discrimination in certain U.S. markets? A possible answer, which is informed by the Brown v. Board of Education decision, is the study of revealed preferences may improve our collective understanding for three reasons.

One reason is the study of revealed preferences provides a window into how some producers and …

Who Gets To Sue? Legal Standing After Fda V. Alliance For Hippocratic Medicine, Rachael Houston, Robert Stephen Earnest

Journal of Race, Gender, and Ethnicity

This article examines how courts are invoking FDA v. Alliance to define the limits of legal standing in litigation—specifically, in a reproductive health context. Reproductive health, as used here, encompasses a broad range of medical, legal, and policy issues related to abortion access, gender-affirming care, pregnancy, and professional regulation of services connected to reproductive decision-making. It includes the provision of and restrictions on reproductive healthcare services, the regulation of speech related to those services (e.g., advertising and advocacy), and the institutional responses to contested laws and agency rules affecting bodily autonomy, medical practice, and expressive conduct. Drawing on an original …

Reconstituting A Constitution, And A Republic: The Architecture Of Authoritarian Rule, J. Maria Glover

Georgetown Law Faculty Publications and Other Works

A constitution can be remade without tearing it down, or even changing a single word. It is done by law.

“The judicial power is vested in one Supreme Court and in such inferior courts as Congress may establish,” whose “province and duty” it is to “say what the law is.” U.S. Const. Art. III §1; Marbury v. Madison, 5 U.S. 1 (Cranch) 137 (1803). It is not the power to remake the Constitution that grants it.

The Supreme Court is turning the inherited powers that hold power to law into instruments of its own aggrandizement. It is taking authority from …

Private Rights Of Action For Election Litigation In The Federal Courts, Derek T. Muller

Journal Articles

Election litigation is surging. But just as litigants pursue more election claims in federal courts than ever before, federal courts are growing more skeptical about their authority to hear them. This Essay, a contribution to the 2025 Arnold Lecture at the University of Arkansas Little Rock, William H. Bowen School of Law, examines the narrowing landscape of private rights of action in election law with a particular focus on claims brought ahead of the 2024 election. It traces the Supreme Court's shift toward formalism, the heavy emphasis on remedies found in federal statutes, and the diminishing avenues for private enforcement …

How The Supreme Court’S Inconsistent Approach To Granting Emergency Relief Will Exacerbate, Rather Than Mitigate The Disruption Its Emergency Stay Policy Is Supposed To Address, Harvey L. Reiter

Cardozo Law Review de•novo

The federal government has used the Supreme Court’s emergency or “shadow” docket to great effect this past year, securing stay after stay of lower court rulings that had blocked many of the President’s executive orders. But the Court’s rulings have come, almost invariably, without any explanation of its reasoning. And its opaque and uneven rulings have also come at a potential cost to the Court’s credibility. This Article illustrates the uneven nature of the Court’s rulings by contrasting two lines of cases: (1) the Court’s stays of lower court rulings restoring to their positions FTC, NLRB, EEOC, and MSPB members …

The Ambiguity That Isn’T: Why Same-Sex Marriage Is Legal In American Samoa, Dante Cade Harootunian, Sammi Lawrence

American University Journal of Gender, Social Policy & the Law

After the U.S. Supreme Court ruled in Obergefell v. Hodges that prohibitions on same-sex marriage violate the equal protection guarantees of the U.S. Constitution, several government officials in American Samoa issued statements claiming that the decision had no effect in American Samoa, and, to date, no same-sex couples have

applied for a marriage license in the territory. This Article analyzes the Obergefell decision in light of other federal and territorial court decisions that determined the applicability of constitutional rights to U.S. territories and concludes that, despite the statements of local officials, the Obergefell decision applies in American Samoa, and the …

Who Makes The Jury? Demographics And Decision-Making In The Jury Process., Ana B. Pons

Honors Undergraduate Theses

Within the American judicial system, juries have played a central role in promoting representation and fairness in the courtroom. However, limited information exists on whether prosecutorial decisions during jury selection, jury composition, or jury behavior differ based on the sex, race/ethnicity, type of case, political ideology, or geographic location of potential jurors. Following PRISMA guidelines, this scoping review synthesizes 48 peer-reviewed articles published between the 1940s and 2026 to examine whether prosecutorial decision-making and jury outcomes vary based on the sex, race/ethnicity, type of case, political ideology, or geographic location of potential jurors. Findings indicated that men are disproportionately selected …

Eroding Protections: The Decline Of Miranda Rights And Its Impact On Due Process In Contemporary America, Autumn G. Pelfrey

Honors Undergraduate Theses

This thesis examines whether the protections established in Miranda v. Arizona, 384 U.S. 436 (1966), remain robust within contemporary criminal justice practice or have been weakened through doctrinal and practical developments. Miranda warnings were originally designed to mitigate the risk that coercive custodial interrogation would produce compelled or unreliable self-incrimination. Since 1966, however, both judicial interpretation and evolving law-enforcement practices have created a growing gap between Miranda’s formal legal promise and its practical operation in real-world interrogations.

The study evaluates the erosion of Miranda’s protective force through three primary mechanisms. First, doctrinal developments have narrowed Miranda’s scope by redefining …