Land Use Law Commons^™

Can The Law Protect My Craft? How Gaps In Copyright Of Knitting Patterns Symbolize A Greater Struggle For Protecting Traditionally Feminine Forms Of Intellectual Property, Kysa Walzer

Seattle University Law Review

The purpose of this article is to demonstrate the application of intel-lectual property rights within the context of copyright protection of knit-ting patterns. The article will discuss the underutilization of copyright pro-tection for knitters and crafters and its larger impact upon craft and indus-try traditionally comprised of women. Part I introduces knitting patterns and a short history of copyright protections. Part II discusses the specific areas within knitting patterns and the knitting community which give rise to legal grey areas for copyright protection. Part III discusses the larger implications of copyright and intellectual property in spaces where women traditionally make …

A New Exclusionary Rule To Protect Bodily Integrity And Discourage Pretext Stops, Josephine Ross

Seattle University Law Review

The author proposes a novel state-level exclusionary rule to reduce racial profiling and protect bodily autonomy during police encounters. The current Fourth Amendment jurisprudence fails to deter pretextual stops and frisks because the exclusionary rule often turns on officer fault and "good faith," allowing racially motivated practices to go unchecked. As federal rollbacks on diversity and data collection hinder efforts to track racial bias, the author argues for a statutory evidentiary rule that automatically excludes drug evidence found during (1) traffic stops, (2) pat-downs for weapons, and (3) consent searches, regardless of an officer’s intent or the legality of the …

Navahine V. HawaiʻI Dept. Of Transportation: The Keiki Will Lead Us, Catherine Smith

Seattle University Law Review

The author analyzes the landmark case Navahine v. Hawaiʻi Department of Transportation, which culminated in the world’s first constitutional climate settlement. Catherine Smith, serving as an expert for the youth plaintiffs, situates the case within Hawaiʻi’s legal tradition of prioritizing children’s rights and intergenerational equity. She explores the evolution of children’s constitutional protections, contrasting Hawaiʻi’s progressive jurisprudence with the dominant adult-centric legal framework on the mainland. She critiques four recurring analytical missteps in U.S. courts that marginalize children’s interests and highlights Hawaiʻi’s public trust doctrine and cultural values, such as the Aloha Spirit, as models for addressing climate-related harms. …

Constitutional Futurism As Pedagogy, Jeremiah Chin

Seattle University Law Review

Constitutional Law has transformed from a course on history to a discussion of current events. Cases like Students for Fair Admissions v. Harvard College, Dobbs v. Jackson Women’s Health Organization, and Loper Bright Enterprises v. Raimondo reveal that the study of constitutional law is not a static, or even linear, discussion of constitutional text and history. Law is a shifting, changing enterprise that reflects social constructions of power, authority, and identity. How do we teach, learn, and understand constitutional law that is so laden with history, riddled with theories of consistency and adherence to precedent, but ultimately subject …

Symposium Keynote: “A Call To Housing Advocacy”, Greg Payne

Maine Law Review

Keynote: A Call to Housing Advocacy

Strategic Development Plan – San Pedro Dr. Main Street Corridor, Adrian N. Carver

Student Publications

The San Pedro MainStreet Strategic Development Plan is a place-based, community-driven roadmap for revitalizing the San Pedro Drive corridor in Albuquerque, New Mexico. The corridor sits at the intersection of historical significance and present-day opportunity—bridging the old and new alignments of Route 66 while serving a diverse, working-class population. Drawing from urban planning theory, spatial analysis, and community input, this plan identifies challenges and assets related to land use, infrastructure, business development, housing, and cultural identity. Special attention is given to past and ongoing patterns of racialized disinvestment and displacement, with strategies proposed to ensure equitable reinvestment and climate resilience. …

The Mysterious Power Of Land Use Law: Constructing A Framework Law For Climate Resilient Development, John R. Nolon, Maureen Hartwell

Elisabeth Haub School of Law Faculty Publications

This Article introduces and explains Climate Resilient Development (CRD), which is relied upon by the Intergovernmental Panel on Climate Change (IPCC) as a primary method of managing climate change. CRD "integrates adaptation measures and their enabling conditions with mitigation to advance sustainable development for all." 1 CRD illuminates the close relationship between adaptive and mitigative development and land use law, particularly the authority delegated to local governments to regulate and incentivize private land development and conservation. The Article unveils a legal structure that is followed in most states to organize local laws that affect land development; as such, it facilitates …

What Is The Distribution Of National Historical Parks?, Randall K. Johnson

Faculty Works

In an increasingly polarized nation, which no longer can reach any consensus about what is meant by the term “common good,” it might be wise to extend additional protections to national monuments from executive branch interference. But prior to doing so, the U.S. Congress may want to undertake some additional research work. Such research could build on the existing charge of the National Park Service as well as other interested parties. By doing so, Congress gains insight into whether and how this federal legislature should expand protections for national historical parks.

My article explains, at least in part, how Congress …

Kedudukan Surat Hak Milik Yang Berasal Dari Tanah Ulayat Masyarakat Hukum Adat Papua (Studi Kasus Putusan Mahkamah Agung Nomor 4241 K/Pdt/2022), Ulfa Riany Fajrin

Indonesian Notary

Penelitian ini bertujuan untuk mengetahui pengaturan tanah ulayat di masyarakat hukum adat Papua berdasarkan peraturan perundang-undangan yang berlaku, mengetahui kedudukan surat hak milik yang berasal dari tanah ulayat masyarakat hukum adat Papua berdasarkan Putusan Mahkamah Agung Nomor 4241 K/Pdt/2022. Di Papua, tanah ulayatnya dapat diperjualbelikan melalui pelepasan hak atas tanah adat dan terdapat pengaturannya pada UU Otsus Papua dan Perdasus Papua. Kemudian dapat dilanjutkan dengan permohonan penerbitan kepemilikannya. Pengakuan hak milik sering bertentangan dengan hukum adat karena tidak selaras dengan konsep hukum modern. Dalam penelitian ini penulis menggunakan metode penelitian hukum doktrinal. Dimana penelitian hukum doktrinal menggunakan penelitian kepustakaan ataupun …

Urgensi Dokumen Persetujuan Pasangan Kawin Yang Dibuat Secara Bawah Tangan Sebelum Penandatanganan Akta Pendirian Commanditaire Vennootschap (Studi Kasus Di Kabupaten Bandung), Ambria Rahma Widiastuti

Indonesian Notary

This thesis analyzes the legal provisions governing the mandatory existence of a document of consent from the spouses, made underhand before the signing of the deed of establishment of Commanditaire Vennootschap (hereinafter "CV"), and the legal consequences if the deed of establishment of CV is signed without the consent of the spouses. This research method uses a doctrinal approach through a literature study and is analyzed qualitatively. Article 36 paragraph (1) stipulates that "everything related to joint property that will be carried out legal action against it requires the consent of both parties." The legal agreements undertaken by a CV …

Konsekuensi Pembatalan Akta Autentik Yang Terdapat Praktik Nominee/Pinjam Nama Bagi Beneficiary (Studi Putusan Pengadilan Tinggi Denpasar Nomor 247/Pdt/2021/Pt Dps), Talitha Mumtaz

Indonesian Notary

This research analyzes the implementation of nominees in the field of land tenure in Indonesia, as well as how an authentic deed made before a notary has a nominee element in it and also the consequences for the beneficiary of cancelling the authentic deed because the authentic deeds contained nominee practices. The research was compiled using doctrinal research methods. The implementation of nominee practices in an authentic deed is made by making a series of agreements whose contents indirectly transfer ownership from the nominee whose name is listed on the certificate of ownership, to the beneficiary, which in this case …

Analisis Pelaksanaan Redistribusi Objek Tanah Landreform Dan Keadilan Bagi Masyarakat Desa Kalasey Dua Atas Status Tanah Yang Dikuasai Negara., Ashley Juniare Maria Rengkung

Indonesian Notary

As land plays an important role in everyday life, it is necessary to pay attention to rights and protection regarding its implementation. The Basic Agrarian Law itself has derivatives, one of which discusses Land Redistribution as regulated in Presidential Regulation Number 88 of 2017 concerning Settlement of Land Tenure in Forest Areas. However, after the ratification of Presidential Regulation Number 62 of 2023 concerning the Acceleration of Implementation of Agrarian Reform, Presidential Regulation Number 88 of 2017 and Presidential Regulation Number 86 of 2018 concerning Agrarian Reform are revoked and replaced with Presidential Regulation Number 62 of 2023 concerning Accelerating …

Implikasi Hukum Pembatalan Akta Jual Beli Saham Akibat Pembeli Cidera Janji (Analisis Kasus Pada Putusan No. 105/Pdt.G/2021/Pn Jkt.Sel), Riva Mahfuzhah Saphira

Indonesian Notary

Unfulfilled payment of shares are on of the problems that might arise when a limited company’s shares are transferred through a transaction that are not carried according to the shares transfer procedure in UUPT. The issues raised in this thesis pertain to the legal construction contained in the act of sale of shares that can protect the seller's interests in the event that the buyer fails to make payment and the notary's liability in the event that the buyer fails to make payment in the sale of shares, through the discussion of the case in Decision Number 105/PDT.G/2021/PN JKT.SEL. This …

Pemberian Tantiem Kepada Direksi Yang Telah Diberhentikan (Studi Kasus Putusan Mahkamah Agung 2530k/Pdt/2022), A Aru Ogika

Indonesian Notary

This research aims to analyze the legal construction of giving bonuses to a Limited Liability Company, especially giving them to bank directors who have been dismissed by the Company and its correlation with the legal consequences of not giving bonuses. This research was prepared using doctrinal research methods. The research results show that the legal construction in granting bonuses must refer to the principles of benefit and justice. The conditions for granting bonuses as stipulated in several statutory regulations, namely performance, risk and profit generation, are in accordance with the principles of benefit and justice, while the inclusion of conditions …

Problematika Hukum Pengadaan Tanah Ibu Kota Nusantara Di Wilayah Transmigrasi Desa Bumi Harapan Kecamatan Sepaku Kabupaten Penajam Paser Utara (Studi Putusan Pengadilan Tinggi Samarinda Nomor 222/Pdt/2023/Pt Smr), Merry Christiangie

Indonesian Notary

The development of the Capital City of the Archipelago raises several legal problems, one of which is land disputes between transmigrants and local communities. In the process of preparing transmigration settlements, there are six processes, one of which is land provision. This paper is prepared using doctrinal research method. In this research, the issues raised are related to land disputes between local communities and landowners of transmigration areas in the process of land acquisition at the location of the Nusantara Capital City in Bumi Harapan Village and the juridical basis of the judge's thinking which later won the transmigrants in …

Kedudukan Akta Jual Beli Atas Tanah Yang Diperjualbelikan Sepihak Tanpa Melibatkan Ahli Waris Lainnya (Studi Putusan Nomor 359/Pk/Pdt/2020, Oktaviani Nurul Suci

Indonesian Notary

This research is motivated by the existence of a legal act of buying and selling rights to inherited land which should be carried out involving other heirs who have the rights to the inherited land. Heirs have legal rights to certain inheritances and the transfer of these rights must be carried out in accordance with applicable law. The problem in this research is the strength of the sale and purchase deed for the act of sale carried out by one of the heirs which does not involve other heirs and the correlation of Article 32 paragraph (2) PP Number 24 …

Editors And Staff Members

Public Land & Resources Law Review

No abstract provided.

Table Of Contents

Public Land & Resources Law Review

No abstract provided.

Letter From The Editors

Public Land & Resources Law Review

No abstract provided.

Property Clause Power Play: The Blm's Conservation Rule And Loper Bright, Meridian S. Wappett, Sandra B. Zellmer

Public Land & Resources Law Review

This article examines the implications of Loper Bright on public land management through rulemaking. Part II provides a comprehensive overview of the case, its holding, and its potential ramifications. Part III delves into the history of the Administrative Procedure Act (“APA”), to illuminate the evolution and underlying rationale for agency deference. Part IV analyzes the constitutional framework underpinning the BLM’s statutory authority, rooted primarily in the Property Clause, which delegates the task of making “needful” rules governing public lands to Congress and to federal land management agencies. Finally, Part V argues that the Rule is valid, whether a reviewing court …