Law and Economics Commons^™

Analisis Perlindungan Hukum Rahasia Dagang Menurut Undang-Undang Rahasia Dagang Di Indonesia Dan Amerika Serikat, Chairinaya Nizliandry

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Rapid economic growth encouraged tighter competition so that business doers can survive in its industry. In their efforts to survive in its industry, a handful of rogue business doers have justified various methods, including violating intellectual property rights. That is what the owner of CV Tiga Putra Berlian did. However, not in line with the Trade Secret Law, the District Court Judge in this case decided to release him. If he adheres to the trade secret law in Indonesia, the act must be deemed to have fulfilled the elements of a trade secret violation by law and must be punished …

Politik Hukum Pengambilalihan Flight Information Region (Fir) Dari Singapura, Canris Bahri P.S

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Sovereignty is one of the conditions for the establishment of a country, the sovereignty of the state is the full and highest power in a country to regulate its entire territory which includes land, water and air space above it without interference from the governments of other countries. State sovereignty in airspace based on the 1944 Chicago convention on International Civil Aviation is "Complete" and "Exclusive". Recognition of the Archipelago's Sovereignty based on the 1982 International Convention on the Law of the Sea (UNCLOS) also includes the air space above it. However, there are problems that arise in the implementation …

Jaminan Keamanan Data Pribadi Warga Negara Dalam Penyelenggaraan Urusan Pemerintahan Berbasis Elektronik (E-Government), Bunga Asoka Iswandari

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Indonesia has now entered the industrial revolution 4.0 which has introduced many work system procedures and procedures that use technology. Technology is here to make it easier for humans to complete all work quickly and efficiently. Technology is also present in the government system in Indonesia. The growth and development of technology in Indonesia provides a great opportunity for the bureaucracy to be able to carry out reforms to deal with bureaucratic weaknesses so far. To make the implementation of the bureaucracy in Indonesia efficient and optimal with the help of technology, the government implements an electronic-based government system, also …

Politik Hukum Pembentukan Peraturan Perundang-Undangan Keuangan Syariah Di Indonesia, Budiman Budiman

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Since ennacted of Law Number 10 Year 1998 concerning Amendment of Law Number 7 Year 1992 concerning Banking, which regulates banking activities based on sharia principles, the new era of growth of regulations in the financial services sector, not just in the banking sector, but also in the field of non-bank financial services. The enactment of Islamic financial laws and regulations takes place rapidly from year to year. The legal policy of establishment laws and regulations in the field of Islamic financial services is to make Islamic law in the field of financial services become a positive norm so that …

Perlindungan Hukum Terhadap Bentuk Fiksasi Dalam Karya Musik Berdasarkan Perkembangan Undang-Undang Hak Cipta, Boy Brian E.S

"Dharmasisya” Jurnal Program Magister Hukum FHUI

This journal aims to discuss the protection of copyright law against tapes converted into the form of a sound recording or a tool shaped CD (Compact Disc), in addition it is to discuss how enforcement against violations fixation in a piece of music that is poured into a recording tool so that it can be enjoyed through the CD. This journal will discuss about the forms of piracy which often occur in the field of copyright songs and music. In this journal will be discussed also about violations in the field of copyright songs or music that will be penalized …

Urgensi Perlindungan Hukum Atas Simpanan Uang Elektronik, Abdurrahman Marahimin

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The use of electronic money shows positive developments, but is not accompanied by the development of regulations that provide legal protection to its users, especially with regard to the loss of electronic money. The problem in this study is how the legal protection for electronic money deposits and how the form of protection for electronic money deposits in the future so as to ensure the safe use of electronic money. This study uses a normative juridical method, using secondary data and using qualitative data analysis methods. The results of the study stated that the IDIC does not have the authority …

Politik Hukum Pertambangan Dalam Pelaksanaan Kewajiban Pengolahan Dan Pemurnian Mineral Dan Batubara Di Indonesia, Ahmad Nugraha Abrar

"Dharmasisya” Jurnal Program Magister Hukum FHUI

This study discusses the politics of mining law in the implementation of the obligation to process and purify minerals and coal to improve the quality of minerals and coal in Indonesia. The research focuses on the legal politics that occur in the implementation obligations in developing mineral and coal processing and refining in the country to improve the quality of minerals and coal before being exported abroad. This study also discusses the paradigm of mining regulations in processing and refining since the mining law in post-independence to reformation. The results of this study indicate that there are still problems in …

Pemanfaatan Dan Perlindungan Hukum Terhadap Sumber Daya Air Dalam Perspektif Investasi Dan Kesejahteraan, Arindita Pratiwi

"Dharmasisya” Jurnal Program Magister Hukum FHUI

As a natural resource that can be renewed and is an unlimited energy, water has an important role in meeting the daily needs of humans and other living things, without water there would be no life. The presence of the state in managing water resources for the greatest welfare of the people is a manifestation of the state's control over water resources as mandated by Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia and is the state's obligation to fulfill the people's rights to water. In fulfilling the need for clean water for all its …

The Concept Of Amateurism: How The Term Became Part Of The College Sport Vernacular, Robert J. Romano Esq.

UNH Sports Law Review

No abstract provided.

Upaya Pemerintah Terhadap Perlindungan Ekspresi Budaya Tradisional Batik Motif Parang Sebagai Warisan Budaya Dunia, Raden Zulfikar Supinarko Putra

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Abstract

Batik is not just a design on a piece of cloth, more than that, batik is a soul that blends in the procession of Indonesian society. Since the baby has been carried with a batik cloth, weddings wear batik cloth until when they die they will be covered with batik cloth too usually. This fact become a consideration for UNESCO to establish Indonesian Batik as a Masterpieces of the Oral and Intangible Heritage of Humanity in the Fourth Session of The Intergovernmental Committee. This research uses a normative legal research method that is descriptive and analytical using a statutory …

Perbedaan Akad Wakalah Bil Ujrah Dan Akad Qard Terhadap Permasalahan Akad Pembelian Barang Dalam Kehidupan Sehari-Hari, Zendy Sellyfio Ardiana

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Abstract

The wakalah bil ujrah and qard contract are contracts that often cause difficulties in implementing the purchase of goods in everyday life, both in safekeeping for purchasing goods and for buying and selling in general. Where if it is wrong in its application, it can cause income in a sale and purchase to be haraam due to an error in understanding the contract used and not describing benefit as the core of maqashid al-sharia which has an important role in determining Islamic law. The purpose of this paper is to find out how the solution to the application of …

Tinjauan Yuridis Dalam Penyelesaian Pelanggaran Ham Berat Melalui Komisi Kebenaran Dan Rekonsiliasi Di Afrika Selatan Dan Indonesia, Tshana Erfandi

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Abstract

Several countries are currently developing a solution to the problem by establishing a particular commission. The commission works outside the courts, parliament and executive. In Indonesia, In Indonesia. The People's Consultative Assembly set a stipulation regarding the establishment of the National Center for Truth and Reconciliation: (NCTR) in 2000. This stipulation has the intent and purpose for national unity to identify existing problems, determine the conditions that must be made in order to achieve national reconciliation and establish policy direction as a guide to carry out the consolidation of unity of a nation. Whereas in South Africa, the National …

The Meaning And Malleableness Of Liberty From 1897-1945, Quentin E. Smith

The Purdue Historian

This paper covers how the substance and meaning of liberty changed during the ending years of the Gilded Age (1870-1900) through the beginning ages of the Civil Rights Movement (1954-1968). Economic liberty took shape in the cases Allegeyer v. Louisiana (1897) and Lochner v. New York (1905). Civil liberties would take several more years to come into the Supreme Court’s jurisdiction. The case Gitlow v. New York (1925) began the establishment of incorporation of the Bill of Rights to the states, otherwise known as our fundamental liberties (note: The Supreme Court used selective incorporation, however). In the case U.S. v. …

Navassa: Property, Sovereignty, And The Law Of The Territories, Joseph Blocher, Mitu Gulati

Faculty Scholarship

The United States acquired its first overseas territory—Navassa Island, near Haiti—by conceptualizing it as a kind of property to be owned, rather than a piece of sovereign territory to be governed. The story of Navassa shows how competing conceptions of property and sovereignty are an important and underappreciated part of the law of the territories—a story that continued fifty years later in the Insular Cases, which described Puerto Rico as “belonging to” but not “part of” the United States.

Contemporary scholars are drawn to the sovereignty framework and the public-law tools that come along with it: arguments about rights and …

High Time For A Change: How The Relationship Between Signatory Countries And The United Nations Conventions Governing Narcotic Drugs Must Adapt To Foster A Global Shift In Cannabis Law, Alexander Clementi

Brooklyn Journal of International Law

Since the early 1970’s, the inclusion of cannabis and its byproducts in the United Nations Single Convention on Narcotic Drugs has mandated a strict prohibition on cultivation and use of the substance, which has led to a largely global practice of criminalization and imprisonment of anyone found to be in its possession. Yet recently, mostly in response to growing public health concerns, countries like Uruguay, Portugal, The Netherlands, Canada, and the United States have enacted laws which seek to decriminalize or even legalize cannabis use and possession. Yet, cannabis remains classified as a Schedule IV narcotic under the Single Convention, …

Victim Impact: The Manson Murders And The Rise Of The Victims’ Rights Movement, Merrill W. Steeg

LSU New Orleans Theses and Dissertations

No abstract provided.

Out Of Sight, Out Of Mind: Analyzing Inhumane Practices In Mississippi’S Correctional Institutions Due To Overcrowding, Understaffing, And Diminished Funding, Ariel A. Williams

Honors Theses

The purpose of this research is to examine the political, social, and economic factors which have led to inhumane conditions in Mississippi’s correctional facilities. Several methods were employed, including a comparison of the historical and current methods of funding, staffing, and rehabilitating prisoners based on literature reviews. State-sponsored reports from various departments and the legislature were analyzed to provide insight into budgetary restrictions and political will to allocate funds. Statistical surveys and data were reviewed to determine how overcrowding and understaffing negatively affect administrative capacity and prisoners’ mental and physical well-being. Ultimately, it may be concluded that Mississippi has high …

Stanley Surrey, The 1981 Us Model, And The Single Tax Principle, Reuven S. Avi-Yonah, Gianluca Mazzoni

Law & Economics Working Papers

2021 marks the 40th anniversary of the 1981 U.S. Model Tax Treaty as well as the 5th anniversary of the 2016 US Model Tax Treaty. The first author has repeatedly argued that the 1981 Model gave life to the single tax principle (“STP”). The 2016 Model updates effectively implemented the principle that cross-border income should be taxed once – that is not more and but also not less than once. For example, the 2016 Model does not reduce withholding taxes on payments of highly mobile income that are made to related persons that enjoy low or no taxation with respect …

Rebellion, Rascals, And Revenue: Pleasingly Gaudy And Preposterous, Reuven S. Avi-Yonah

Law & Economics Working Papers

Michael Keen and Joel Slemrod’s REBELLION, RASCALS AND REVENUE: TAX FOLLIES AND WISDOM THROUGH THE AGES (Princeton University Press, 2021) is a wonderful book, which should be read by any student of taxation. To most tax policy makers and academics, tax history may seem a bit arcane, because they believe that the study of taxation and especially public finance economics is a story of progress and that we know better how to design good tax systems than our ancestors. To this attitude, Keen and Slemrod offer a decisive rejoinder: We do not necessarily understand taxation better than our predecessors, and …

The Participation Principle And The Dialectic Of Sovereignty-Sharing, George K. Foster

Seattle University Law Review

States around the world are ceding authority to international institutions, devolving powers to lower-level political subdivisions, and granting forms of autonomy to Indigenous peoples and other minority groups. At the same time, states are increasingly offering groups and individuals “participation rights”: opportunities to participate in sovereign prerogatives without exercising control. These opportunities range from providing input into environmental decision-making, to collaborating with law enforcement in community policing programs, to receiving a share of natural-resource revenues. This Article contends that all of these developments represent a dividing up of the collection of rights known as sovereignty, and that participation rights reflect …

Introductory Remarks, Michael Rogers, Hannah Hamley, Rayshaun D. Williams

Seattle University Law Review

Introductory Remarks.

Marissa Jackson Sow’S “Whiteness As Contract”, Marissa Jackson Sow

Seattle University Law Review

Marissa Jackson Sow’s “Whiteness as Contract.”

Closing Remarks, Dontay Proctor-Mills

Seattle University Law Review

Closing Remarks.

Religious Roots Of Corporate Organization, Amanda Porterfield

Seattle University Law Review

Religion and corporate organization have developed side-by-side in Western culture, from antiquity to the present day. This Essay begins with the realignment of religion and secularity in seventeenth-century America, then looks to the religious antecedents of corporate organization in ancient Rome and medieval Europe, and then looks forward to the modern history of corporate organization. This Essay describes the long history behind the entanglement of business and religion in the United States today. It also shows how an understanding of both religion and business can be expanded by looking at the economic aspects of religion and the religious aspects of …

Big Pharma, Big Problems: Covid-19 Heightens Patent-Antitrust Tension Caused By Reverse Payments, Hannah M. Lasting

Seattle University Law Review

In the wake of COVID-19, pharmaceutical companies rushed to produce vaccinations and continue to work on developing treatments, while the tension caused by reverse payments intensifies between patent and antitrust law. Lawmakers must address this tension, and the current pandemic should serve as a catalyst to prompt reform at the legislative level. By amending the Hatch-Waxman Act, lawmakers can ease the increasing strain between patent and antitrust policy concerns. In 2013, the U.S. Supreme Court attempted to resolve this tension in its landmark decision, F.T.C. v. Actavis, but the tension remains as lower courts struggle to produce a uniform standard …

Foreword, Seattle University Law Review

Seattle University Law Review

Foreword.

The Deans' Roundtable, Dean Angela Onwuachi-Willig, Dean Danielle Conway, Dean Tamara Lawson, Dean Mario Barnes, Dean L. Song Richardson

Seattle University Law Review

The Deans' Roundtable.

The Beginning Of History For Corporate Law: Corporate Government, Social Purpose And The Case Of Sutton’S Hospital (1612), David Smith

Seattle University Law Review

This Symposium Article is an invitation to rethink the Anglo-American history of corporate law from different perspectives. This Article uses new sources to investigate Sutton’s Hospital and corporate development in England during the sixteenth and seventeenth centuries. By doing so, the analysis reveals overlooked connections between the history of corporate law, religious thought, and social purpose. In turn, the recognition of these connections challenges the received history of pre-modern corporate law. Although this history shapes contemporary Anglo-American debates over corporate personality and purpose, few have scrutinized its underlying assumptions.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Deep Cuts: Four Critiques Of Legal Ideology, Justin Deystone, Akbar Rasulov

Publications

This Article begins an effort to rekindle the intellectual tradition of critical legal theory. The context for the project is significant. On the one hand is the grip of a social crisis, the contours of which continue to confound the commentariat. Racism, xenophobia, gendered violence, migration and nation, climate change, health pandemics, political corruption. The parade is as intimidating as it is spectacular. On the other hand, the very tools of criticism we depend upon in identifying these characters in the parade, much less the spectacle of the parade itself, are themselves in crisis. There is, in a word, a …