Book Review Of "River Of Lost Souls",
2019
University of New Mexico School of Law
Book Review Of "River Of Lost Souls", Clifford J. Villa
Public Land & Resources Law Review
No abstract provided.
What Fema Should Do After Puerto Rico: Toward Critical Administrative Constitutionalism,
2019
Loyola Law School, Los Angeles
What Fema Should Do After Puerto Rico: Toward Critical Administrative Constitutionalism, Yxta Maya Murray
Arkansas Law Review
The 200th anniversary of the 1819 Supreme Court decision McCulloch v. Maryland offers scholars a special opportunity to study the shortcomings of the federal The Robert T. Stafford Disaster Relief and Emergency Assistance Act, as they were revealed by FEMA’s failures in Puerto Rico during and after Hurricane Maria. Under Article I, Section 8 of the Constitution, as it has been interpreted by McCulloch, a law passed by Congress must be necessary and proper for executing its powers. In light of the expansive capacities allotted for disaster relief under the Stafford Act, and the catastrophic failure of FEMA to provide …
Antiquated Relics Or Misunderstood Mess, Why South Carolina Liquor Laws Are Ripe For Restructuring,
2019
University of South Carolina
Antiquated Relics Or Misunderstood Mess, Why South Carolina Liquor Laws Are Ripe For Restructuring, Annie Day Bame
South Carolina Law Review
No abstract provided.
Does Sex Discrimination Include Gender Identity, Courts In The Fourth Circuit Weigh In On The Question,
2019
Liberty University School of Law
Does Sex Discrimination Include Gender Identity, Courts In The Fourth Circuit Weigh In On The Question, Rena M. Lindevaldsen
South Carolina Law Review
No abstract provided.
Don't Feel Like Going To The Store, I'Ll Drink To That, How To Govern The Direct Shipment Of Alcohol In South Carolina,
2019
University of South Carolina
Don't Feel Like Going To The Store, I'Ll Drink To That, How To Govern The Direct Shipment Of Alcohol In South Carolina, Frederick N. Hanna
South Carolina Law Review
No abstract provided.
Tearing Down The Wall: How Transfer-On-Death Real-Estate Deeds Challenge The Inter Vivos/Testamentary Divide,
2019
University of Maryland Francis King Carey School of Law
Tearing Down The Wall: How Transfer-On-Death Real-Estate Deeds Challenge The Inter Vivos/Testamentary Divide, Danaya C. Wright, Stephanie L. Emrick
Maryland Law Review
This Article will examine one of the most recent will substitutes, the transfer-on-death (“TOD”) real-estate deed. Nearly half of the states have recognized, through common-law forms or legislation, a mechanism to allow for the transfer of real property on death without using a will, without following the will formalities, and without necessitating probate. This new tool in the estate planner’s toolbox is invaluable: revocable trusts have proven too expensive for decedents of modest means, and wills continue to require formalities that can easily frustrate non-lawyer-drafted estate documents. But the variety of TOD deed rules and mechanisms that the different states …
Hak Uji Materiil Peraturan Daerah Pajak Dan Retribusi Daerah,
2019
Faculty of Law Universitas Indonesia
Hak Uji Materiil Peraturan Daerah Pajak Dan Retribusi Daerah, Adrian Joshua Lumban Tobing
Jurnal Hukum & Pembangunan
Legislation set two mechanisms of review or oversight of local regulations, the executive and judicial review. Executive authority to oversee the review of local regulations is owned by the government (executive power), while the judicial review of the authority overseeing local regulation held by the Supreme Court (judicial power). Both of these mechanisms may lead to the cancellation rules of the regulation is contrary regional. Research districts/cities were canceled by the Minister of domestic affairs who then filed a judicial review to the Supreme Court and its effect on empowerment regional. Approach used are normative and case studies. Secondary data …
Konsepsi Bangun Perusahaan Koperasi: Kerangka Pemikiran Badan Usaha Yang Ideal Menurut Pasal 33 Ayat (1) Uud 1945,
2019
Faculty of Law, Universitas Indonesia, Indonesia
Konsepsi Bangun Perusahaan Koperasi: Kerangka Pemikiran Badan Usaha Yang Ideal Menurut Pasal 33 Ayat (1) Uud 1945, M. Sofyan Pulungan
Jurnal Hukum & Pembangunan
Co-operative as company structure (bangun perusahaan) is a concept developed by the Founding Fathers, enshrined in Article 33.1 of the 1945 Constitution. This concept is further developed by renowned economists and lawyers as well. This Article explores the thoughts of Mohammad Hatta, Soepomo, economists and lawyers who have contributed to the development of the concept of co-operatives as company structure. Subsequently, it will offer a framework in which the constitutional stipulation of "a common endeavor based on familial principles" serves as the philosophical basis for the concept. Using Sri-Edi Swasono’s Idea of "Triple-Co" as yardstick, the concept of co-operatives as …
Perbandingan Hukum Peradilan Tata Usaha Negara Dan Verwaltungsgericht Sebagai Bentuk Perlindungan Hukum Kepada Rakyat,
2019
Universitas Indonesia
Perbandingan Hukum Peradilan Tata Usaha Negara Dan Verwaltungsgericht Sebagai Bentuk Perlindungan Hukum Kepada Rakyat, Dani Habibi
Jurnal Hukum & Pembangunan
Legal issues that will be discussed in this paper regarding the description of the Administrative Court system in Germany and the Administrative Court system in Indonesia. Generally, there are similarities between the Administrative Court system in Germany and the Administrative Court system in Indonesia. The system can be seen from the level of the justice system starting from the first level, the level of appeal and the final level or cassation. In addition, it will be reviewed in relation to the judicial process, the basics of the lawsuit filed against the government and the way in which the state administrative …
Tinjauan Terhadap Konsep Keadilan Spasial Dan Partisipasi Masyarakat Dalam Perencanaan Dan Pengendalian Pemanfaatan Ruang Pada Program Normalisasi Ciliwung Di Provinsi Dki Jakarta,
2019
Collective Actions for Sustainable City Initiative
Tinjauan Terhadap Konsep Keadilan Spasial Dan Partisipasi Masyarakat Dalam Perencanaan Dan Pengendalian Pemanfaatan Ruang Pada Program Normalisasi Ciliwung Di Provinsi Dki Jakarta, Shafira Anindia Alif Hexagraha, Savitri Nur Setyorini
Jurnal Hukum & Pembangunan
The idea of public interest in spatial planning is a two-sided claim. The government often uses it to enforce spatial plan program without the consent of the affected groups. On the other hand, the affected groups also use it as their defense to protect their damaged rights. The idea of spatial justice is derived from progressive intellectual tradition that is highly aware of the severeness of injustice in urban spaces and hence demands radical reconception of spaces, governance, and spatial planning. Most influential intellectual tradition in spatial justice are Habermas’ Public Sphere, Harvey’s Right to The City, and Lefebvre’s Production …
Putusan Sela Dalam Perkara Perselisihan Hasil Pemilihan Umum,
2019
Mahkamah Konstitusi
Putusan Sela Dalam Perkara Perselisihan Hasil Pemilihan Umum, Bisariyadi -
Jurnal Hukum & Pembangunan
This paper departs from the presumption of common misconception in the use of terms as adopted in criminal and civil law. Interlocutory decision in the Constitutional Court has a different definition from criminal and civil law procedure. The difference is within the issue that is cover between the two. Interlocutory decisions in criminal and civil law deals only as far as admissability and jurisdiction, where in the Constitutional Court interlocutory decisions may actually related to the legal issues brought by the party. In addition, as the experience shows that interlocutory decisions are not only used as burden of proof but …
Menulis Di Jurnal Hukum: Gagasan, Struktur, Dan Gaya,
2019
Faculty of Law, Universitas Indonesia
Menulis Di Jurnal Hukum: Gagasan, Struktur, Dan Gaya, Andri Gunawan Wibisana
Jurnal Hukum & Pembangunan
Writing articles in a law review is different from writing an opinion in a newspaper or articles in other types of journals. Indonesian authors often fail to indicate the problems to be discussed, the proposed thesis statement or idea (claim), and the structure of the article. They also write too descriptive and employ very limited references. This paper aims to support the authors to find out important aspects in formulating a good legal article. For this reason, this paper explains that an article must contain the claim, and be novel, non-obvious, and useful. This paper also explains the importance of …
Eksistensi Lembaga Pengawasan Pengelolaan Keuangan Negara,
2019
Mahasiswa Program Pascasarjana Fakultas Hukum, Universitas Islam Indonesia
Eksistensi Lembaga Pengawasan Pengelolaan Keuangan Negara, Adam Setiawan
Jurnal Hukum & Pembangunan
Supervision of state finance management conducted by related institutions such as BPKP, DPR / DPRD, BPK and KPK aims to implement the principles of the management of state finances accordingly and in accordance with the objectives of state financial management that is to guarantee the state in order to create welfare, the right of society and finance the service to the community.
Permasalahan Penerapan Klausula Pembatasan Pertanggungjawaban Dalam Perjanjian Terkait Hak Menuntut Ganti Kerugian Akibat Wanprestasi,
2019
Universitas Indonesia
Permasalahan Penerapan Klausula Pembatasan Pertanggungjawaban Dalam Perjanjian Terkait Hak Menuntut Ganti Kerugian Akibat Wanprestasi, Togi M.P. Pangaribuan
Jurnal Hukum & Pembangunan
One of the most common aspects in the development of the freedom of contract principle is the use of a clause limiting liability based on Article 1249 of the Indonesian Civil Code. In practice, the application of such clause is often times not in line with other principles under Indonesian contract law such as the principles of balanced, morals, and decency that are also inseparable from Indonesian contract law principles. This issue becomes even more apparent in cases where a breach of contract is done deliberately and/or grounded on bad faith of one of the parties that has calculated that …
Kajian Tentang Model Rencana Aksi Daerah Hak Asasi Manusia (Radham) Kabupaten Bondowoso Tahun 2018,
2019
Faculty of Law Universitas Jember
Kajian Tentang Model Rencana Aksi Daerah Hak Asasi Manusia (Radham) Kabupaten Bondowoso Tahun 2018, Al Khanif Dr., Rosita Indrayati, Muhammad Bahrul Ulum, Dina Wildana, Adam Muhshi, Nurul Laili Fadhilah, Ayu Citra Satyaningtyas
Jurnal Hukum & Pembangunan
This article discusses Bondowoso District's regional human rights action plan (RADHAM) 2018. The focus of the 2018 RADHAM study explains the background and focus of Bondowoso's 2018 RADHAM policy as the basis for human rights-based policy making in the area. In the context of the division of power between the central and regional governments in the era of autonomy, human rights policy planning becomes complex because there are several regional and central policies that are mutually conflicting so that the mechanism for fulfilling human rights in the regions becomes complicated. To map this issue, local governments need a policy mechanism …
This Land Is Your Land, This Land Is Mined Land: Expanding Governmental Ownership Liability Under Cercla,
2019
Washington and Lee University School of Law
This Land Is Your Land, This Land Is Mined Land: Expanding Governmental Ownership Liability Under Cercla, Kiersten E. Holms
Washington and Lee Law Review
Part II of this Note begins by providing a brief overview of the background and goals of CERCLA. Part II also provides an examination of the issue of ownership liability under CERCLA and recounts the federal courts’ difficulty in applying ownership liability. Part II then describes how the federal government’s “bare legal title” argument arose out of the confusion surrounding ownership liability in CERCLA litigation. Part III moves on to examine the recent trend in CERCLA litigation rejecting the federal government’s bare legal title argument, thus holding the federal government liable as an owner based on its possession of legal …
Public Health Preparedness & Response: An Exercise In Administrative Law,
2019
Loyola University Chicago, School of Law
Public Health Preparedness & Response: An Exercise In Administrative Law, John D. Blum, Jordan Paradise
DePaul Journal of Health Care Law
No abstract provided.
Appeal No. 0962: Jeffrey D. Kuster, On Behalf Of David Kuster, Deceased V. Division Of Oil & Gas Resources Management,
2019
Case Western Reserve University School of Law
Appeal No. 0962: Jeffrey D. Kuster, On Behalf Of David Kuster, Deceased V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Review of Chief's Order 2018-114
Appeal No. 0915: Dynamerican, Llc, Et. Al V. Division Of Oil & Gas Resources Management And American Energy - Utica, Llc Nka Ascent Resources - Utica, Llc.,
2019
Case Western Reserve University School of Law
Appeal No. 0915: Dynamerican, Llc, Et. Al V. Division Of Oil & Gas Resources Management And American Energy - Utica, Llc Nka Ascent Resources - Utica, Llc., Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Review of Chief's Order 2016-47 (American Energy - Utica nka Ascent Resources - Utica; Henry LND GR Unit)
Table Of Contents And Editorial Board,
2019
Pepperdine University
Table Of Contents And Editorial Board, Yoori Chung
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
