The Foreign Commerce Power,
2026
Duke Law School
The Foreign Commerce Power, Kathleen Claussen, Timothy Meyer
Faculty Scholarship
This Article is the first to scrutinize presidential trade authority under the Constitution. The Constitution grants the President no independent power to regulate foreign commerce. That conclusion, while apparent from a straightforward reading of Articles I and II, stands in stark contrast to executive conduct of U.S. trade policy in recent years. This Article traces the roots of this constitutional distortion to a confluence of doctrinal drift and academic oversight. Courts and commentators have increasingly relied on an expansive conception of executive power grounded in a perceived general foreign affairs authority. In doing so, they have blurred the line between …
Cumulative Burdens On Second Amendment Rights,
2026
Duke Law
Cumulative Burdens On Second Amendment Rights, Joseph Blocher, Hayley Lawrence
Faculty Scholarship
No abstract provided.
Seven County Infrastructure Coalition V. Eagle County,
2025
Alexander Blewett III School of Law, University of Montana
Seven County Infrastructure Coalition V. Eagle County, Craig A. Rigdon
Public Land & Resources Law Review
The National Environmental Policy Act of 1969 is a landmark in United States environmental law. For more than half a century, under its authority, all federal agencies contemplating proposed actions that pose significant environmental impacts have incorporated an analysis of those impacts into their decisions. These analyses provided an avenue for opponents to challenge an agency’s final decision in federal court. Earlier this year, the Supreme Court issued a “course correction” to rein in the disparate approaches that the lower courts had applied to cases challenging federal agency decisions on NEPA grounds. The unambiguous guidance the Court lays out for …
Tapera: Melindungi Hak Atas Tempat Tinggal Atau Mengancam Kehidupan Yang Layak,
2025
Universitas Katolik Parahyangan (UNPAR)
Tapera: Melindungi Hak Atas Tempat Tinggal Atau Mengancam Kehidupan Yang Layak, Elizabeth Jeneva Samuella, Ida Susanti
Jurnal Hukum & Pembangunan
This study examines the People's Housing Savings (TAPERA) policy in the context of protecting the right to adequate housing and its impact on the decent living conditions of workers. Under TAPERA regulations, all workers are required to set aside a portion of their salary, including those who already own a home. While this policy aims to improve access to adequate housing, it raises questions about its impact on purchasing power and the fulfillment of other basic needs. The study employs an interdisciplinary approach using socio-legal methods to evaluate whether the mandatory TAPERA contributions can be considered a violation of the …
Penggunaan Metode Socrates Dalam Mengembangkan Pendidikan Tinggi Hukum Di Indonesia,
2025
Universitas Sumatera Utara
Penggunaan Metode Socrates Dalam Mengembangkan Pendidikan Tinggi Hukum Di Indonesia, Syarifah Lisa Andriati, Inneke Kiki Rizki, Ain Najwa Binti Mohd Malian
Jurnal Hukum & Pembangunan
The ability to think critically and have the ability as a problem solver is needed in higher education Law in Indonesia. One of the methods used is the Socratic Method. Critical thinking is one of the aspects that law students must have to improve their ability as problem solvers. This research was conducted to contribute that the application of the Socratic method is effective to be applied in the learning process of higher education in Indonesia, as well as to provide evaluation and knowledge about the challenges and obstacles that will be faced in the process of applying the Socratic …
Analisis Perluasan Makna Pasal 71 Ayat (1) Undang-Undang Pilkada Berdasarkan Putusan Pengadilan Negeri: Upaya Mewujudkan Keadilan Dalam Pilkada 2024,
2025
Dosen Fakultas Hukum Universitas Tadulako Palu
Analisis Perluasan Makna Pasal 71 Ayat (1) Undang-Undang Pilkada Berdasarkan Putusan Pengadilan Negeri: Upaya Mewujudkan Keadilan Dalam Pilkada 2024, Supriyadi Supriyadi, Abdullah Iskandar
Jurnal Hukum & Pembangunan
The analysis and study of decisions is actually popular and developed in countries with common law systems, legal scholars, researchers and practitioners there place their court decisions as the primary object of legal study, which is why the existence of court decisions is the main benchmark in applying and shaping the law. In the context of legal development in Indonesia, the study of this decision has had a good place among legal scholars and researchers, this has been proven by the existence of several works produced focusing on the analysis of decisions, such as those popularised by the Judicial Commission …
Mogok Kerja Tenaga Medis: Problematika Pada Uu Ketenagakerjaan Dan Pilihan Model Pengaturannya,
2025
Universitas Gadjah Mada
Mogok Kerja Tenaga Medis: Problematika Pada Uu Ketenagakerjaan Dan Pilihan Model Pengaturannya, Rama Agung
Jurnal Hukum & Pembangunan
The issue of healthcare workers' strikes remains complex in terms of regulatory frameworks. On one hand, there is a conflict of interest between public interest in access to healthcare services and, on the other, the Labor Law, which regards the right to strike as a fundamental right of workers, integral to collective bargaining. This paper examines the challenges in regulating healthcare workers' strikes by analyzing Article 139 of the Labor Law and exploring regulatory models that support the provision of high-quality healthcare services. The findings highlight several key points. First, Article 139 of the Labor Law does not yet provide …
Lahirnya Tensi Metafisik Di Urat-Leher Projek-Projek Interpretasi Konstruktif,
2025
Universitas Djuanda, Bogor
Lahirnya Tensi Metafisik Di Urat-Leher Projek-Projek Interpretasi Konstruktif, Herman Bakir, Mukhtasar Syamsuddin
Jurnal Hukum & Pembangunan
This project is a legal hermeneutics. The aim is to elaborate the paradigm of the law as integrity theory, Ronald Dworkin’s work, which has received recognition as one of the most influential philosophical systems in the world of law throughout the last century. The issues discussed are divided into three subjects: (1) the interpretation role in legitimizing “law” as a corpus that has a “soul”; (2) a concept of interpretation from the womb of the law as integrity theory; (3) the dual capacity of “constructive interpretation” in [a] “returning” law to its roots; and [b] housing “morals” within the body …
Diskursus Kriminalisasi Pemidanaan Terhadap Pemberi Gratifikasi,
2025
Dosen Fakultas Hukum Universitas GadjahMada
Diskursus Kriminalisasi Pemidanaan Terhadap Pemberi Gratifikasi, Muhammad Fatahillah Akbar
Jurnal Hukum & Pembangunan
This article aims to examine the legal basis to prosecute gratifiers in Indonesian Corruption Justice System. Samin Tan as the giver of gratification to Eni Maulani Saragih had been acquitted by the Corruption Court of Jakarta Decision Number 37/Pid.Sus-TPK/2021/PN.Jkt.Pst on 30th August 2021. Then, the Cassation to Supreme Court had also been rejected by Supreme Court Decision Number 2205 K/Pid.sus/2022 on 9th June, 2022. Hence, Samin Tan stays acquitted. The decision majorly focuses on the “absence” of law which criminalizes gratifiers or gratification givers. Therefore, this article elaborates how similar cases shall be handled in the future. In …
The Illusory Privilege Against Self-Incrimination,
2025
University of Arkansas, Fayetteville
The Illusory Privilege Against Self-Incrimination, Kelsey Rohr
Arkansas Law Review
This Note addresses the insufficiency of the current system in protecting criminal defendants’ privilege against self-incrimination. Part II will outline the background legal principles of the issue, including the privilege against self-incrimination, the presumption of innocence, and the no-impeachment rule. This part will also address the Supreme Court’s sole judicial exception to the no-impeachment rule as laid out in Peña-Rodriguez v. Colorado. Part III will address the statistical significance of juror bias against criminal defendants who invoke the privilege, highlight the widespread nature of the bias, and argue that the procedural safeguards currently in place are insufficient to protect.
Status, Conduct, Belief, And Message: The Wedding Vendor Cases,
2025
St. John's University
Status, Conduct, Belief, And Message: The Wedding Vendor Cases, Mark L. Movsesian
Chicago-Kent Law Review
No abstract provided.
Catholic Institutions And The Religion Clauses: Faith In A Liberal Democracy,
2025
Seton Hall
Catholic Institutions And The Religion Clauses: Faith In A Liberal Democracy, Angela C. Carmella
Chicago-Kent Law Review
No abstract provided.
Can First Amendment "History And Tradition" Protect Both Sides In Polarized America?,
2025
University of St. Thomas School of Law
Can First Amendment "History And Tradition" Protect Both Sides In Polarized America?, Thomas C. Berg
Chicago-Kent Law Review
No abstract provided.
"Simple Accommodation": A Solution For Conflicts Between Religious Claims And Secular Law?,
2025
Cornell
"Simple Accommodation": A Solution For Conflicts Between Religious Claims And Secular Law?, Laura S. Underkuffler
Chicago-Kent Law Review
No abstract provided.
The Ten Commandments In Louisiana Public Schools: A Study In The Survival Of Establishment Norms,
2025
George Washington University
The Ten Commandments In Louisiana Public Schools: A Study In The Survival Of Establishment Norms, Ira C. Lupu, Robert W. Tuttle
Chicago-Kent Law Review
No abstract provided.
Religious Liberty And The Constitution,
2025
Chicago-Kent
Religious Liberty And The Constitution, Steven J. Heyman
Chicago-Kent Law Review
No abstract provided.
Introduction To Symposium — In Search Of Common Ground: Religion And Secularism In A Liberal Democratic Society,
2025
Chicago-Kent College of Law
Introduction To Symposium — In Search Of Common Ground: Religion And Secularism In A Liberal Democratic Society, Kathleen A. Brady, Steven J. Heyman
Chicago-Kent Law Review
No abstract provided.
History, Tradition, And Finding Common Ground: The Establishment Clause And Religious Expression By The State,
2025
Emory University
History, Tradition, And Finding Common Ground: The Establishment Clause And Religious Expression By The State, Kathleen A. Brady
Chicago-Kent Law Review
No abstract provided.
Jurisdictional Diversity, Tradition, And The Religion Clauses,
2025
University of San Diego
Jurisdictional Diversity, Tradition, And The Religion Clauses, Steven D. Smith
Chicago-Kent Law Review
No abstract provided.
Attempting To Protect The Liberty And Equality Of Minority Faiths And Nonreligious Individuals When The Surpreme Court Will Not Do So,
2025
UC Davis
Attempting To Protect The Liberty And Equality Of Minority Faiths And Nonreligious Individuals When The Surpreme Court Will Not Do So, Alan Brownstein
Chicago-Kent Law Review
No abstract provided.
