Analisis Klausula Choice Of Forum Dalam Kontrak Standar E-Commerce Di Indonesia: Kajian Berdasarkan Perspektif Perlindungan Konsumen,
2025
University of Indonesia
Analisis Klausula Choice Of Forum Dalam Kontrak Standar E-Commerce Di Indonesia: Kajian Berdasarkan Perspektif Perlindungan Konsumen, Sarping Saputra
Jurnal Hukum & Pembangunan
This research discusses choice of forum clauses in standard contracts on the five largest e-commerce platforms in Indonesia, namely Shopee, Tokopedia, Lazada, Bukalapak, and Blibli. The clause stipulates the mechanism and location of dispute resolution that automatically binds consumers when using the platform. In practice, these clauses tend to burden consumers, especially regarding access to fair dispute resolution. This research focuses on the compatibility of the choice of forum clause with the principles of consumer protection regulated in the Consumer Protection Law (UUPK). The results reveal that most e-commerce platforms use exclusive forms of choice of forum clauses, such as …
Fifty Years Of Protecting The Surviving Spouse: The Origin And Evolution Of Florida's Elective Share,
2025
FIU Law
Fifty Years Of Protecting The Surviving Spouse: The Origin And Evolution Of Florida's Elective Share, Flavia Argamasilla
FIU Law Review
Currently, Florida’s elective share framework calculates the amount a surviving spouse is entitled to based on a decedent’s “elective estate.” Although this “elective estate” represents a significant improvement from previous law, where a decedent was free to completely disinherit a surviving spouse, issues still loom regarding the fairness of the framework. Granting a surviving spouse a fixed share of 30 percent of the decedent’s “elective estate” regardless of the length of the marriage can lead to inequitable outcomes. For instance, a surviving spouse who was married to the decedent for any period of time, one month even, can elect to …
Litigation, Reform, And The Opioid Crisis: From Mdl To Bankruptcy,
2025
Touro University Jacob D. Fuchsberg Law Center
Litigation, Reform, And The Opioid Crisis: From Mdl To Bankruptcy, Abbe R. Gluck
Touro Law Review
Can bankruptcy solve a public health crisis? Bankruptcy has taken center stage in complex civil litigation, and the massive opioid litigation is no exception. The U.S. Supreme Court in 2024 decided its first recent case about the intersection of bankruptcy and modern public harms litigation in Harrington v. Purdue Pharma L.P., a decision that brought to the fore pressing questions about the increasing use of bankruptcy in mass torts. In raising concerns about bankruptcy courts being used as a “roving commission to solve all such problems” in complex civil litigation,” the case potentially signals the Court’s growing discomfort with creative …
Enhancing The Uniform Partition Of Heirs Property Act: The Need For Broader Use And Essential Modifications,
2025
Touro University Jacob D. Fuchsberg Law Center
Enhancing The Uniform Partition Of Heirs Property Act: The Need For Broader Use And Essential Modifications, Donna Arzanipour
Touro Law Review
The Uniform Partition of Heirs Property Act (“UPHPA”) seeks to address complex and inequitable conflicts that arise when partitioning heirs property. This Note explores the legislative history of the UPHPA, along with the legal and societal significance of the UPHPA, which provides mechanisms to prevent forced sales of family-owned property. Through a comparative analysis of states that have adopted their versions of the UPHPA, this Note considers the law’s potential to protect family land, reduce the risk of displacement, and promote longterm economic stability for communities, especially those in rural and minority populations. While recommending that all states should adopt …
Effects Of Actualized Language Policy On Ukrainian Stability, 1989-2022,
2025
University at Albany, State University of New York
Effects Of Actualized Language Policy On Ukrainian Stability, 1989-2022, Dawn Hersey
Electronic Theses & Dissertations (2024 - present)
This dissertation seeks to generate a new perspective of the complicated relationship between actualized policy and stability through looking at Ukraine’s language policies and stability in a mixed manner approach that includes both primary and secondary sources. Russia justified its irridentist activities through claiming to protect Russian nationals within Ukraine’s borders: language policies within Ukraine appear to be a trigger for Russian antagonism. Neither Russian irridentism nor Ukrainian nationalism are being considered as right or wrong in this dissertation: the intent is to highlight trends, patterns, and perceptions in alignment with Ukrainian language policy. This dissertation does not present a …
Assembling Pieces Of Accountability For The Srebrenica Genocide,
2024
Radboud University Nijmegen
Assembling Pieces Of Accountability For The Srebrenica Genocide, Annick Pijnenburg, Nataša Nedeski
Genocide Studies and Prevention: An International Journal
The Srebrenica genocide has been the subject of multiple legal proceedings against various actors before different courts, at both the national and international level. Amongst others, the International Criminal Tribunal for the Former Yugoslavia has sentenced various individual perpetrators, the International Court of Justice has ruled on the responsibility of the Serbian state, and Dutch courts have been asked to rule on the liability of the Dutch state and the United Nations. This raises the following question: to what extent have multiple adjudicatory mechanisms across legal regimes managed to deliver accountability for the Srebrenica genocide and what are the remaining …
Jean-Louis Halpérin, Une Histoire Des Droits Dans Le Monde,
2024
Louisiana State University Law Center
Jean-Louis Halpérin, Une Histoire Des Droits Dans Le Monde, Agustín Parise
Journal of Civil Law Studies
No abstract provided.
Litigating Climate Liability: An Example Of Democracy In Litigation,
2024
Louisiana State University Law Center
Litigating Climate Liability: An Example Of Democracy In Litigation, Mustapha Mekki
Journal of Civil Law Studies
No abstract provided.
Revisiting The Report Of The Special Committee For The Revision Of The Louisiana Civil Code,
2024
Louisiana State University Law Center
Revisiting The Report Of The Special Committee For The Revision Of The Louisiana Civil Code, Agustín Parise
Journal of Civil Law Studies
No abstract provided.
The Private Cause Of Action Under Maine's Unfair Trade Practices Act,
2024
University of Maine School of Law
The Private Cause Of Action Under Maine's Unfair Trade Practices Act, Steven A. Shaw
Maine Law Review
In 1970 the Maine Legislature passed the Unfair Trade Practices Act (UTPA) which declared unlawful any "unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce . . . ." UTPA-type statutes, now common to all states, offer several advantages. The statutes provide for a statutory award of attorneys' fees, create a private cause of action which is simple in comparison to analogous common law claims, and offer a flexible concept of unlawful conduct which many courts have shown a willingness to interpret broadly and sympathetically. Although Maine's UTPA was originally …
Hospital Accountability In Health Care Delivery,
2024
University of Maine School of Law
Hospital Accountability In Health Care Delivery, C. Elisabeth Belmont
Maine Law Review
In recent years, the role of community hospitals in health care delivery has undergone a dramatic change. Until the latter half of the twentieth century, a hospital was merely a "doctor's workshop," providing physicians with the physical facilities, equipment, and personnel necessary to treat their private patients. Due to progressive medical technology, today's hospital has moved from a passive role in patient care to more active participation in the delivery of total health care. The hospital has become a health care provider in its own right, furnishing a broad range of diagnostic and outpatient services, home care assistance, and specialized …
In Defense Of Civil Juries,
2024
University of Maine School of Law
In Defense Of Civil Juries, Peter W. Culley
Maine Law Review
Criticism of the civil jury system is nothing new. In fact, virtually since its inception the civil jury has been embroiled in controversy. Typically critics argue that: the jury cannot handle the complex or technical case; there is great expense and delay attendant to trial by jury; jury adjudication is of low quality; verdicts rendered by different juries in cases involving similar facts often appear inconsistent. Recently, Justice Donald Alexander of the Maine Superior Court stated that "[t]he civil jury system has outlived its usefulness." In support of his basic premise that the civil jury system is merely an historical …
The Decline Of The Privity Rule In The Maine Law Of Tort Products Liability: A Conceptual History,
2024
University of Maine School of Law
The Decline Of The Privity Rule In The Maine Law Of Tort Products Liability: A Conceptual History, Dennis M. Patterson
Maine Law Review
No single issue has more preoccupied modern jurisprudential writers than the limitations of precedent on the lawmaking power of judges. Yet despite this singular concentration, no scholarly consensus has emerged regarding what those limitations are or what form they should take. This continuing theoretical dispute recently manifested itself in a series of decisions rendered by the Law Court. Last spring in the case of Adams v. Buffalo Forge Co., the Law Court reconsidered a significant aspect of two decisions of the previous term: Burke v. Hamilton Beach Division and Hurd v. Hurd. In Burke and Hurd the court decided that …
The Vitality Of The Doctrine Of Punitive Damages In Maine,
2024
University of Maine School of Law
The Vitality Of The Doctrine Of Punitive Damages In Maine, Kevin F. Gordon
Maine Law Review
On four separate occasions between December 1981 and February 1982, the Maine Supreme Judicial Court called into question the continued vitality of the common law doctrine of punitive damages. The substantive propriety of punitive damages was not challenged by any of the defendants in those four cases. As a result, the Law Court assumed for the purposes of each opinion that punitive damages could be awarded by a court "in some instances without explicit statutory authorization." Nevertheless, in a footnote to Braley v. Berkshire Mutual Insurance Co., the court challenged this assumption. Noting that the doctrine of punitive damages initially …
Constitutional Issues Raised By The Civil-Criminal Dichotomy Of The Maine Oui Law,
2024
University of Maine School of Law
Constitutional Issues Raised By The Civil-Criminal Dichotomy Of The Maine Oui Law, Bruce W. Smith
Maine Law Review
Moving to the forefront of a national trend, the Maine Legislature undertook a thorough reform of its operating under the influence (OUI) law in 1981. The new statute was billed "the toughest in the nation," largely because of a provision for mandatory prison sentences. The statute's most radical provision is not the mandatory prison term, however, but a section which gives prosecutors the option to treat less egregious first offenses as civil infractions rather than crimes. The section generates the broad issue addressed by this Comment: may trial by jury and other constitutional protections formerly afforded OUI defendants be denied …
Who Should Recover For Loss Of Consortium?,
2024
University of Maine School of Law
Who Should Recover For Loss Of Consortium?, Martin S. Amick
Maine Law Review
For more than three centuries courts have recognized a husband's right, where a tortious injury to his wife detrimentally affects the spousal relationship, to recover damages for loss of consortium. For many years the prevailing view was that a wife had no corresponding right to bring a similar action in response to a tortious injury to her husband. Most jurisdictions, however, now allow both the husband and the wife to recover for loss of "spousal" consortium. The right to recover for loss of consortium was extended to the wife largely because modern courts recognized that it was inconsistent and unjustifiably …
Stacked Recovery Under Maine's Uninsured Motorists Statute: Connolly V. Royal Globe Insurance Company,
2024
University of Maine School of Law
Stacked Recovery Under Maine's Uninsured Motorists Statute: Connolly V. Royal Globe Insurance Company, Edward R. Benjamin Jr.
Maine Law Review
Foremost among the problems of automobile travel facing state legislatures may be that of ensuring adequate compensation for injuries and deaths suffered in traffic accidents. Frequently an injured party wins an award of damages against a negligent motorist, only to find the negligent party unable to meet the financial burden which the judgment imposes. The injured party, though innocent of any wrongdoing, may receive little or no compensation for injuries suffered. State legislatures have attempted to prevent such situations by enacting mandatory liability insurance laws, creating victim compensation funds, or requiring uninsured motorist coverage. Inherent weaknesses exist, however, in both …
Protection Of Trade Secrets In Global Markets And International Business: Implications For Labor Relations,
2024
Yaroslav Mudryi National Law University
Protection Of Trade Secrets In Global Markets And International Business: Implications For Labor Relations, Oleg M. Yaroshenko, Oleksii Tykhonovych, Yaroslav Kostohryz, Yuliia Ivchuk, Dmytro Sirokha
Markets, Globalization & Development Review
Against the background of globalization and the constant evolution of economic relations, the protection of trade secrets in labor relations becomes a necessity to ensure the sustainable competitiveness of enterprises in the international market. This article analyzes the multifaceted dimensions of trade secret protection, covering global business strategies, intercultural labor practices, international economic relations, and public policy fundamentals. Through the analysis of international agreements such as the TRIPS Agreement and the European Union Directive on Non-Competition Provisions, the article explores how various legal systems address trade secrets in labor relations, emphasizing the need for global harmonization. It also considers cultural …
Hanover Insurance Co. V. Hayward: Imposition Of Punitive Damages In Addition To Criminal Sanctions,
2024
University of Maine School of Law
Hanover Insurance Co. V. Hayward: Imposition Of Punitive Damages In Addition To Criminal Sanctions, David P. Silk
Maine Law Review
In Hanover Insurance Co. v. Hayward, the Maine Supreme Judicial Court, sitting as the Law Court, addressed the issue whether punitive damages may be awarded against a defendant who has been criminally convicted for the conduct giving rise to the punitive damages claim. Although it affirmed the superior court's decision not to allow the award of punitive damages, the Law Court concluded that the imposition of criminal sanctions did not by itself bar punitive damages. Instead, the court indicated that criminal punishment is merely one factor to consider in determining whether an award of punitive damages would serve a meaningful …
The Federal Civil Rules After Half A Century,
2024
University of Maine School of Law
The Federal Civil Rules After Half A Century, Maurice Rosenberg
Maine Law Review
The name Gignoux is not exactly a household word among the lay citizens of this country and would not qualify as one even if we count all the varied pronunciations people choose to accord it. Indeed, there are probably quite a few members of the bar who do not recognize the name or know anything about its bearer's works. That is their loss. Edward T. Gignoux has been doing so much for the betterment of justice in this country in so many ways and for so many years that he has clearly earned a place of high honor in the …
