Urgensi Perlindungan Hukum Atas Simpanan Uang Elektronik,
2022
Universitas Indonesia
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,
2022
Universitas Indonesia
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,
2022
Universitas Indonesia
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 …
Boeing, Boeing, Gone: General Jurisdiction Over Corporations, Principal Place Of Business, And A Second Look At The Total Activities Test,
2022
Brooklyn Law School
Boeing, Boeing, Gone: General Jurisdiction Over Corporations, Principal Place Of Business, And A Second Look At The Total Activities Test, Robert Ellis Stengel
Brooklyn Law Review
In 2011’s Goodyear Dunlop Tires Operations, S.A. v. Brown, the United States Supreme Court redefined the contours of corporate personal jurisdiction, radically curtailing the “doing business” jurisdiction that previously predominated. Since then, corporations are only subject to general jurisdiction where they are “fairly regarded as at home,” a domicile test effectively limited to two locations: (1) the state in which the corporation is incorporated and (2) the state in which the corporation has its “principal place of business.” However, the Supreme Court has never explicitly defined the term “principal place of business” for personal jurisdiction purposes. The Court has addressed …
The Swift Completion Of Their Appointed Rounds,
2022
University of Oklahoma College of Law
The Swift Completion Of Their Appointed Rounds, Roger Michalski
Other Faculty Publications
No abstract provided.
Gentlewomen Of The Jury,
2022
Blueprint Trial Consulting
Gentlewomen Of The Jury, Vivian N. Rotenstein, Valerie P. Hans
Michigan Journal of Gender & Law
This Article undertakes a contemporary assessment of the role of women on the jury. In 1946, at a time when few women served on U.S. juries, the all-male Supreme Court opined in Ballard v. United States: “The truth is that the two sexes are not fungible; a community made up exclusively of one is different from a community composed of both; the subtle interplay of influence of one on the other is among the imponderables.” Three-quarters of a century later, women’s legal and social status has changed dramatically, with increased participation in the labor force, expanded leadership roles, and the …
Pop & Perjury: The Irs Valuation War With The Estate Of Michael Jackson,
2022
University of New Hampshire
Pop & Perjury: The Irs Valuation War With The Estate Of Michael Jackson
The University of New Hampshire Law Review
When Michael Jackson died unexpectedly in Los Angeles, California, on June 25, 2009, his career and earnings were nearing an all-time low. Plagued by past sexual abuse allegations, scandals, and questionable health, Michael Jackson’s personal finances were purported to be in complete disarray. However, following his unexpected death, the value of his estate, which was reported to be near to nothing, swelled as the world remembered his beloved contributions to the world and began to purchase accordingly. Sales of Michael Jackson’s music began to soar high. The estate’s value soared even higher as it signed licensing agreements and released new …
Federal Pleading Standards In State Court,
2022
Campbell University’s Norman Adrian Wiggins School of Law
Federal Pleading Standards In State Court, Marcus Gadson
Michigan Law Review
Most state courts cannot follow both their state constitutions and federal pleading standards. Even if they could, policy considerations unique to states compel state courts to reject federal pleading standards. This is because federal courts have changed pleading standards to allow judges to make factual determinations on a motion to dismiss and to require more factual detail in complaints. While scholars have vigorously debated whether these changes are wise, just, and permissible under the federal rules and the Constitution, they have ignored the even more important questions of whether state courts can and should adopt those pleading standards. The oversight …
A Jurisprudential Quilt Of Tribal Civil Jurisdiction: An Analysis Of Tribal Court Approaches To Determining Civil Adjudicatory Jurisdiction,
2022
Seattle University School of Law
A Jurisprudential Quilt Of Tribal Civil Jurisdiction: An Analysis Of Tribal Court Approaches To Determining Civil Adjudicatory Jurisdiction, Jacob Maiman-Stadtmauer
American Indian Law Journal
There are hundreds of Native American Tribes with their own judicial systems and courts. Under the test first established in Montana v. United States, the Supreme Court of the United States has provided a single, nebulous standard for determining the limits of tribal courts’ jurisdiction over non-Indians. Scholars and federal jurists have long assumed that the Supreme Court's framework limiting tribal civil jurisdiction is essential to how tribal courts determine jurisdiction. This paper challenges that assumption. Through a first of its kind survey of tribal court decisions on civil jurisdiction, spanning 26 tribes and covering 71 decisions, this paper …
The Prison Mailbox Rule: Can Represented Incarcerated Litigants Benefit?,
2022
Fordham University School of Law
The Prison Mailbox Rule: Can Represented Incarcerated Litigants Benefit?, Nico Corti
Fordham Law Review
In 1988, the U.S. Supreme Court created the “Prison Mailbox Rule,” which assesses the timeliness of incarcerated litigants’ filings based on the day they hand them to prison authorities. The rule reduces the structural barriers to filing while imprisoned. Although Houston v. Lack highlighted the unique challenges that pro se incarcerated litigants face, the Prison Mailbox Rule’s subsequent federal codifications did not limit its benefits to pro se litigants, despite purportedly “reflecting” the Houston decision. Federal circuit courts of appeal today are split on whether represented people in prison can benefit from the Prison Mailbox Rule, leaving both litigants and …
Procedural Wrongdoing,
2022
Brigham Young University Law School
Procedural Wrongdoing, Matthew A. Shapiro
BYU Law Review
Both the practice and the study of civil justice are rife with accusations of litigation “abuse.” Although it’s tempting to dismiss all this abuse talk as merely rhetorical, the concept of abuse in fact has deep roots in the normative structure of civil procedure’s doctrinal apparatus for regulating parties’ wrongful litigation conduct — their procedural wrongdoing. Prior accounts of procedural wrongdoing have maintained that parties abuse the civil justice system whenever they violate a procedural rule that’s calibrated to maximize the net benefits of litigation. Such accounts, however, ignore the many rules that define procedural wrongdoing not in terms of …
Running Crane, Et. Al. V. Parsons, 19-Ap-13 (Blkft Tr. Ct. App., Nov. 17, 2022),
2022
University of Montana
Running Crane, Et. Al. V. Parsons, 19-Ap-13 (Blkft Tr. Ct. App., Nov. 17, 2022), Blackfeet Appellate Court
Court Decisions
In the Blackfeet Tribal Court of Appeals, the Court clarified that when the Court, in review of an appellate case, directs parties to submit a detailed summary of the status of the case, within a limited time period, and the partied do not provide that status update, the Court will dismiss that case, without prejudice.
"A Sword In The Bed": Bringing An End To The Fusion Of Law And Equity,
2022
J.D. Candidate, Notre Dame Law School, 2023
"A Sword In The Bed": Bringing An End To The Fusion Of Law And Equity, Brooks M. Chupp
Notre Dame Law Review
Those who called for the fusion of law and equity have, throughout the years, argued that the existence of a parallel court system for equity would be inefficient and confusing for parties. While there is limited merit to this viewpoint, the United States has been willing to create courts of limited jurisdiction to hear cases of a highly specialized or technical nature in other areas of the law (for example, tax and bankruptcy). This Note argues that the specialized-courts approach is viable as it relates to equity and that it is, in fact, preferable to the current system. This Note …
Civil Practice And Procedure,
2022
University of Richmond
Civil Practice And Procedure, Christopher S. Dadak
University of Richmond Law Review
This Article discusses Supreme Court of Virginia opinions and revisions to the Code of Virginia and Rules of the Supreme Court of Virginia impacting civil procedure here in the Commonwealth over the last year. The Article first addresses opinions of the supreme court, then new legislation enacted during the 2021 General Assembly Session, and finally, approved revisions to the Rules of the Supreme Court of Virginia.
What Is The Standard For Obtaining A Preliminary Injunction In Virginia?,
2022
Court of Appeals of Virginia
What Is The Standard For Obtaining A Preliminary Injunction In Virginia?, Stuart A. Raphael
University of Richmond Law Review
A perception exists that the Supreme Court of Virginia has not articulated the legal standard for adjudicating preliminary-injunction motions in Virginia circuit courts. For decades, lawyers and legal scholars have advocated that Virginia trial judges borrow the federal preliminary-injunction standard applied in the United States Court of Appeals for the Fourth Circuit. Virginia trial courts have generally followed that advice. Virginia courts at first applied the Fourth Circuit’s Blackwelder test, which called upon judges to balance the four traditional factors and allowed a stronger balanceof-hardship showing to offset a weaker showing of likely success on the merits. After the 2008 …
Running On Empty: Ford V. Montana And The Folly Of Minimum Contacts,
2022
Texas A&M University School of Law
Running On Empty: Ford V. Montana And The Folly Of Minimum Contacts, James P. George
Faculty Scholarship
Jurisdictional contests are in disarray. Criticisms date back to the issuance of International Shoe Co. v. Washington but the breakdown may be best illustrated in two recent Supreme Court opinions, the first rejecting California’s “sliding scale” that mixes general and specific contacts, the second using the discredited sliding scale to hold Ford amenable in states where accidents occurred.
California’s sliding scale is one variety of the contacts-relatedness tests, used in lower courts to have general contacts bolster weaker specific contacts. Some states—Montana and Minnesota for example—use the opposite extreme requiring a causal connection in defendant’s forum contacts, often using foreseeability …
Wake Up And Smell The Smog: The Third Circuit Provides Clarity On Cercla's Federally Permitted Release Reporting Exemption In Clean Air Council V. United States Steel Corp.,
2022
Villanova University Charles Widger School of Law
Wake Up And Smell The Smog: The Third Circuit Provides Clarity On Cercla's Federally Permitted Release Reporting Exemption In Clean Air Council V. United States Steel Corp., Zachary Lawlor
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Wishing To Be Part Of That Court: How The Supreme Court's Decision In Bp P.L.C. V. Mayor Of Baltimore Lets Energy Companies Wander Free And Drown The Shore Up Above,
2022
Villanova University Charles Widger School of Law
Wishing To Be Part Of That Court: How The Supreme Court's Decision In Bp P.L.C. V. Mayor Of Baltimore Lets Energy Companies Wander Free And Drown The Shore Up Above, Natalie Poirier
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Second Service: 28 U.S.C. § 1448 And State Court Service Of Process After Removal,
2022
Fordham University School of Law
Second Service: 28 U.S.C. § 1448 And State Court Service Of Process After Removal, Leigh Forsyth
Fordham Law Review
28 U.S.C. § 1448 governs the requirements of process after removal, providing that when defendants are not completely or perfectly served prior to removal, plaintiffs may complete such process or service, or new process may be issued in the same manner as in cases originally filed in the district court. There remains an open question as to whether state court service issued prior to removal, but served after removal, retains its efficacy in federal court under § 1448. This open question has led to divergent interpretations among district courts, with differing consequences. As of this Note’s publication, at least twenty-seven …
Utah Marriage And Divorce Laws,
2022
BYU Law
Utah Marriage And Divorce Laws, Kory Staheli, Stephen Elmo Averett
BYU Law Library Publications
A summary of current Utah domestic relations law, updated annually. Selected sample filing documents and links to current legal forms are included in the Appendix.
