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881 full-text articles. Page 1 of 27.

Change We Can Believe In: The Seventh Circuit's Exposure Of Inadequate Environmental Review In Protect Our Parks V. Buttigieg, P. Nicholas Greco 2023 Villanova University Charles Widger School of Law

Change We Can Believe In: The Seventh Circuit's Exposure Of Inadequate Environmental Review In Protect Our Parks V. Buttigieg, P. Nicholas Greco

Villanova Environmental Law Journal

No abstract provided.


[2023 Honorable Mention] Coerced Removal Of Indigenous Children: The Past And Present Native Child Welfare In The United States, Mad Bolander, Emily Greaves, Amada Villa Nueva Lobato 2023 California State University, Monterey Bay

[2023 Honorable Mention] Coerced Removal Of Indigenous Children: The Past And Present Native Child Welfare In The United States, Mad Bolander, Emily Greaves, Amada Villa Nueva Lobato

Ethnic Studies Research Paper Award

Our podcast attempts to convey indigenous healing efforts since the time of BIA schools in the United States. With the ICWA ruled unconstitutional, we ask what have the lived experiences been of native children who were forcibly removed from their families and tribes? And what does this mean for children who might now be taken away from their families again without the protection of the ICWA?


Whistleblower Protection Under The False Claims Act: Providing Former Employee Inclusion, Nathaniel Kinman 2023 University of Cincinnati College of Law

Whistleblower Protection Under The False Claims Act: Providing Former Employee Inclusion, Nathaniel Kinman

University of Cincinnati Law Review

No abstract provided.


A Framework For Assessing Whether Civil Penalties Under The False Claims Act Violate The Excessive Fines Clause Of The Eighth Amendment, Joel D. Hesch 2023 University of Cincinnati College of Law

A Framework For Assessing Whether Civil Penalties Under The False Claims Act Violate The Excessive Fines Clause Of The Eighth Amendment, Joel D. Hesch

University of Cincinnati Law Review

Fraud is crippling government programs, such as Medicare and the military. The government’s primary enforcement tool is the False Claims Act (“FCA”), which not only requires that the defendant pay three times the amount of damages, but also mandates a civil penalty of not less than $5,000 and not more than $10,000 (with adjustments for inflation) per violation. Because civil penalties apply to each false claim, complex fraud schemes may result in a defendant being liable for hundreds or even thousands of civil penalties. This article analyzes when civil penalties (or a portion of treble damages) under the FCA violate …


All Hands On Deck: The Role Of Government Employees As Qui Tam Relators, Renée Brooker, Jaclyn S. Tayabji 2023 University of Cincinnati College of Law

All Hands On Deck: The Role Of Government Employees As Qui Tam Relators, Renée Brooker, Jaclyn S. Tayabji

University of Cincinnati Law Review

No abstract provided.


U.S. Government Information Resources For Accountability On U.S. Assistance To Ukraine, Bert Chapman 2023 Purdue University

U.S. Government Information Resources For Accountability On U.S. Assistance To Ukraine, Bert Chapman

Libraries Faculty and Staff Presentations

Provides detailed coverage of U.S. Government information resources documenting accountability for U.S. civilian and military assistance to Ukraine. Includes U.S. laws, agencies involved in U.S. arms export policy, Defense Department resources and data, Defense Dept. Inspector General reports, Government Accountability Office reports, congressional committee hearings, a letter from a congressional committee to the Secretaries of Defense and State and U.S. Agency for International Development administrator, congressional debate, and congressional recorded votes.


Prioritizing Patients Or Impropriety?: Why The 8th Circuit’S Cairns Decision Sets A Dangerous Precedent Jeopardizing Patient Protection And Government Investment In Federal Programs, Nicole Beachboard 2023 Saint Louis University School of Law

Prioritizing Patients Or Impropriety?: Why The 8th Circuit’S Cairns Decision Sets A Dangerous Precedent Jeopardizing Patient Protection And Government Investment In Federal Programs, Nicole Beachboard

SLU Law Journal Online

In July 2022, the 8th Circuit established a stricter causation standard for plaintiffs alleging a False Claims Act claim through a violation of the Anti-Kickback Statute in United States ex rel. Cairns v. D.S. Medical LLC. The requirement that a plaintiff demonstrate but-for causation stands in stark contrast to the 3rd Circuit’s “at least one claim standard.” In this article, Nicole Beachboard addresses how the 8th Circuit’s decision enforces an onerous burden on the plaintiff, undermines statutory authority, and facilitates defendant misconduct.


Force Majeure & Covid-19: A Clause Changed?, Claudia Petcu 2023 DePaul University College of Law

Force Majeure & Covid-19: A Clause Changed?, Claudia Petcu

DePaul Business & Commercial Law Journal

No abstract provided.


The Kinder, Gentler Irs? Where?, Harvey Gilmore 2023 University of Hartford

The Kinder, Gentler Irs? Where?, Harvey Gilmore

DePaul Business & Commercial Law Journal

No abstract provided.


What A Waste! An Evaluation Of Federal And State Medical And Biohazard Waste Regulations During The Covid-19 Pandemic And Their Impact On Environmental Justice, Samantha Newman 2023 Villanova University Charles Widger School of Law

What A Waste! An Evaluation Of Federal And State Medical And Biohazard Waste Regulations During The Covid-19 Pandemic And Their Impact On Environmental Justice, Samantha Newman

Villanova Environmental Law Journal

No abstract provided.


The Politics Of The Criminal Enforcement Of The U.S. Clean Water Act, 1983-2021, Dr. Joshua Ozymy, Dr. Melissa Jarrell Ozymy, Dr. Danielle McGurrin 2023 Villanova University Charles Widger School of Law

The Politics Of The Criminal Enforcement Of The U.S. Clean Water Act, 1983-2021, Dr. Joshua Ozymy, Dr. Melissa Jarrell Ozymy, Dr. Danielle Mcgurrin

Villanova Environmental Law Journal

No abstract provided.


The Evolution Of Chapter 11: How Corporate Restructuring Has Evolved And Its Important Role In The Recovery Of A Struggling Economy, Eduardo Cervantes 2023 DePaul University

The Evolution Of Chapter 11: How Corporate Restructuring Has Evolved And Its Important Role In The Recovery Of A Struggling Economy, Eduardo Cervantes

DePaul Business & Commercial Law Journal

No abstract provided.


Covid-19 Vs. Constitution; Limited Government's Unlimited Response, John A. Losurdo 2023 DePaul University

Covid-19 Vs. Constitution; Limited Government's Unlimited Response, John A. Losurdo

DePaul Business & Commercial Law Journal

No abstract provided.


The "No License, No Chips" Policy: When A Refusal To Deal Becomes Reasonable, Sheng Tong 2023 DePaul University

The "No License, No Chips" Policy: When A Refusal To Deal Becomes Reasonable, Sheng Tong

DePaul Business & Commercial Law Journal

No abstract provided.


The Dark Triad: Private Benefits Of Control, Voting Caps And The Mandatory Takeover Rule, Jorge Brito Pereira 2023 DePaul University

The Dark Triad: Private Benefits Of Control, Voting Caps And The Mandatory Takeover Rule, Jorge Brito Pereira

DePaul Business & Commercial Law Journal

No abstract provided.


Kepastian Hukum Kantor Perwakilan Badan Usaha Jasa Konstruksi Asing Dalam Melakukan Kegiatan Usaha Di Indonesia, Emy Mutia Zahrina 2023 Universitas Indonesia

Kepastian Hukum Kantor Perwakilan Badan Usaha Jasa Konstruksi Asing Dalam Melakukan Kegiatan Usaha Di Indonesia, Emy Mutia Zahrina

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Representative offices are present in Indonesia in order to meet the needs of global economic growth in all countries. Multinational companies expand their business to other countries through relocation policies. The aim is none other than an effort to reduce production costs through a number of comparative advantages possessed by Indonesia as well as seizing such a large market for these products, and through this way multinational companies benefit. The presence of representative offices in Indonesia is regulated by Presidential Decree Number 90 of 2000 concerning Representative Offices of Foreign Companies. Through the Presidential Decree, the government limits the scope …


Cross-Border Transfer Pricing Sebagai Tindakan Tax Avoidance, Elleanor Rigby Bangun 2023 Universitas Indonesia

Cross-Border Transfer Pricing Sebagai Tindakan Tax Avoidance, Elleanor Rigby Bangun

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Transfer Pricing refers to pricing transaction within and between enterprises situated in different countries and belong to the same multinational group. Cross-border transaction inevitably affects international taxation, especially when multinational enterprises encounter two or more countries that apply different tax collection systems. Consequently, a Tax Treaty (Perjanjian Penghindaran Pajak Berganda/P3B) is made to resolve issues involving double taxation. However, since the Tax Treaty’s benefits vary by country, the investors or companies tend to abuse the agreement in order to gain the most profitable benefits or incentives. Abusing the benefits of Tax Treaty (P3B) could be categorized as an act against …


Resentralisasi Kewenagan Pengelolaan Pertambangan Mineral Dan Batura, Muhammad Salman Al Farisi 2023 Universitas Indonesia

Resentralisasi Kewenagan Pengelolaan Pertambangan Mineral Dan Batura, Muhammad Salman Al Farisi

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Amendments to Law No. 4 of 2009 became Law No. 4 of 2009 withdrawing almost all local government authority into central authority. Leaving room for delegation of some of the authority of the Central Government to provincial regional governments for the issuance of IPR and SIPB, even district-city governments no longer have space for authority over coal mineral mining matters. the authority of provincial or district/city regional governments in mining affairs, is a concurrent matter which in its handling involves the central government and regional governments, withdraws most of the authority and does not involve regional governments, of course it …


Analisis Terhadap Penerapan Asas Formil Dan Materiil Pembentukan Rancangan Undang-Undang Tentang Penghapusan Kekerasan Seksual, Siti Sharhana Drajat 2023 Universitas Indonesia

Analisis Terhadap Penerapan Asas Formil Dan Materiil Pembentukan Rancangan Undang-Undang Tentang Penghapusan Kekerasan Seksual, Siti Sharhana Drajat

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Sexual violence in Indonesia has caused a public’s worry. The bill on the elimination of sexual violence (RUU PKS) is considered very important to be passed. Purpose of this article is to analyze the suitability of the principles in the RUU PKS with Indonesian act of Formulation of Laws and Regulation Number 12 of 2011 (UU P3). The method used in writing this article uses the normative legal research. Results of this study are formal principles in the anti sexual violence bill is appropriate with the UU P3 except the principle of openness. Likewise with the material principles in the …


Analisis Kritis Mengenai Percepatan Waktu Penagihan Utang Dalam Sengketa-Sengketa Kepailitan, Siti Rahmah Sari Ramadhani 2023 Universitas Indonesia

Analisis Kritis Mengenai Percepatan Waktu Penagihan Utang Dalam Sengketa-Sengketa Kepailitan, Siti Rahmah Sari Ramadhani

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Law Number 37 of 2004 (UUK-PKPU) is a refinement of the old bankruptcy regulation of Faillissementsverordening (Fv) and Law Number 4 of 1998 (UUK). Completion is done in order to meet the needs and solve problems that arise in connection with bankruptcy. However, despite the changes and improvements to the regulation, there are still problems that arise, especially in accelerating the timing of debt collection (acceleration). In the UKK and Fv acceleration is not regulated normatively. So the judge has the discretion to make the discovery of the law differently in each case. In UUK-PKPU acceleration found in the explanation …


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