Public Law and Legal Theory Commons^™

Firearm Deaths Of American Minors: Perceptions Vs. Facts, Andrew L. Goddard

Richmond Public Interest Law Review

Firearm violence is now the leading cause of death for Americans under the age of eighteen. This article demonstrates that widely held misconceptions about the true nature and extent of this violence have led to legislative proposals narrowly tailored toward firearm violence in schools, despite facts and data showing school firearm violence to be a small fraction of the problem. These misconceptions are caused by both the narrow focus of national media attention and the deceptive propaganda of the gun industry. The article concludes by examining several bills proposed during the Virginia General Assembly session of 2022 to show how …

Ending Race-Based Pretextual Stops: Strategies For Eliminating America's Most Egregious Police Practice, Bradley R. Haywood

Richmond Public Interest Law Review

Pretextual policing is the practice of stopping motorists or pedestrians for minor offenses like traffic infractions in hopes of learning that the person stopped has committed a more serious crime. Pretextual policing is also the main reason Black Americans are so much more likely than white Americans to be subjected to encounters with law enforcement. Shockingly, even in its most explicitly racist form, pretextual policing does not violate the Fourth Amendment’s proscription against unreasonable searches and seizures. In fact, police can pull a driver over merely because he is Black without violating the Fourth Amendment, so long as the officer …

2021 Redistricting In Virginia: Evaluating The Effectiveness Of Reforms, Alex Keena

Richmond Public Interest Law Review

The redistricting cycle that followed the 2020 census provided the first test of Virginia’s redistricting reforms that were enacted when voters approved the constitutional amendment in the 2020 General Election. The centerpiece of these reforms is the bipartisan Virginia Redistricting Commission, comprised of eight citizen and eight legislator members. This article details how the 2021 redistricting occurred under the new reforms, and it evaluates the maps that were ultimately approved.

While the selection of the commissioners unfolded successfully and in accordance with the law, the work of the commission was mired by partisan fighting and dysfunction. Nevertheless, a statistical analysis …

The Voting Rights Act Of Virginia: Overcoming A History Of Voter Discrimination, Senator Jennifer L. Mcclellan

Richmond Public Interest Law Review

While Virginia is the birthplace of American democracy, it has struggled with ensuring the voting rights of all of its citizens for over 400 years. For most of that history, voting rights only expanded in Virginia in response to federal action in the wake of the Civil War, and contracted in response to federal inaction. This article chronicles the history of voting rights in Virginia, from the birthplace of American democracy in Jamestown and its influence on the United States Constitution, its efforts to expand and restrict voting rights, to becoming a leader in the South with the Voting Rights …

Progress Interrupted: Virginia's Hesitant Movement To Landlord-Tenant Reform, Martin D. Wegbreit

Richmond Public Interest Law Review

In 2018, Virginia’s eviction crisis received national attention. Over the next three legislative sessions in 2019, 2020, and 2021, more than two dozen laws were enacted—a few on a temporary basis but most on a permanent basis—to be more fair, favorable, and friendly to tenants. The COVID-19 pandemic resulted in the Virginia Governor declaring a State of Emergency on March 12, 2020—the final day of the Regular Session of the Virginia General Assembly. The pandemic added urgency to an already accelerating movement toward landlord-tenant reform which had mustered bipartisan support. That progress dramatically halted in the 2022 Regular Session of …

From Ban To Approval: What Virginia's Facial Recognition Technology Law Gets Wrong, Alison Powers, Korica Simon, Jameson Spivack

Richmond Public Interest Law Review

Face recognition technology (FRT), in the context of law enforcement, is a complex investigative technique that includes a delicate interplay between machine and human. Compared to other biometric and investigative tools, it poses unique risks to privacy, civil rights, and civil liberties. At the same time, its use is generally unregulated and opaque. Recently, state lawmakers have introduced legislation to regulate face recognition technology, but this legislation often fails to account for the complexities of the technology, or to address the unique risks it poses. Using Virginia’s recently passed face recognition law and the legislative history behind it as an …

Virginia Tax Re-Structuring: 100 Years Ago, 50 Years Ago, And Now, Vivian E. Watts

Richmond Public Interest Law Review

Virginia’s state and local financing structure is under pressure. Aged schools have fallen into disrepair in localities without a tax base to back capital improvement bonds. Virginia’s commitment in the wake of Brown v. Board of Education to fund equal public education opportunity for all has eroded. As the dominate source of local government funding, the real estate tax adds to housing costs, consuming the largest share of household budgets. This article discusses current and historic Virginia debates on tax equity, economic sustainability, program ramifications, and non-resident cost-sharing. It raises questions about the widening income gap and changes in business …

Property And Sovereignty In America: A History Of Title Registries & Jurisdictional Power, K-Sue Park

Georgetown Law Faculty Publications and Other Works

This Article tells an untold history of the American title registry—a colonial bureaucratic innovation that, though overlooked and understudied, constitutes one of the most fundamental elements of the U.S. property system today. Prior scholars have focused exclusively on its role in catalyzing property markets, while mostly ignoring their main sources in the colonies -- expropriated lands and enslaved people. This analysis centers the institution’s work of organizing and “proving” claims that were not only individual but collective, to affirm encroachments on tribal nations’ lands and scaffold colonies’ tenuous but growing political, jurisdictional power. In other words, American property and property …

Prefatory Matter

Richmond Public Interest Law Review

No abstract provided.

Letter From The Editor, Carley Ruival

Richmond Public Interest Law Review

No abstract provided.

The Legislative Graveyard: A Review Of Virginia's 2022 Regular General Assembly Session, Kaylin Cecchini, Haley Edmonds

Richmond Public Interest Law Review

In 2019, Democrats won a majority in the House of Delegates and the Senate, and the Commonwealth was led by a Democratic Governor. The Democrats’ majority trifecta, which they had obtained for the first time since 1992, was once again lost on November 2, 2021, when Virginians voted to renew the Republican leadership in the Office of the Governor and in the House of Delegates. Under this once again bifurcated, yet unusually polarized, assembly, legislators on either side of the political aisle faced an uphill battle getting legislation passed, with the majority of bills ending in a stalemate. As a …

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

"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

"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

"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

"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 …

Tinjauan Hukum Penerapan Hak Mendahulu Utang Pajak Dalam Perkara Kepailitan Pt Industries Badja Garuda Berdasarkan Undang-Undang Nomor 37 Tahun 2004 Tentang Kepailitan Dan Penundaan Kewajiban Pembayaran Utang, Siti Fatimah Citra Nurislamiati

"Dharmasisya” Jurnal Program Magister Hukum FHUI

This paper discusses the application of pre-emptive rights over tax debt collection in bankruptcy disputes regulated in Article 41 paragraph (3) of Law Number 37 of 2004 concerning the Bankruptcy and Deferral of Debt Payment Obligations displayed by the Directorate General of Taxes. Tax debts outside the bankruptcy process for compulsory taxes are being filed for bankruptcy by requesting the Commercial Court to return all tax liabilities that would harm the interests of the country. In the event that a taxpayer has been declared bankrupt, the Directorate General of Taxes still has the right to overtake and is privileged, requesting …

Kedudukan Bukti Tidak Langsung (Indirect Evidence) Dalam Penyelesaian Praktik Kartel Di Indonesia, Siti Aminah

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The purpose of this paper is to find out and analyze the position of Indirect evidence used by KPPU in the completion of cartel practices in Indonesia and to analyze indirect evidence in terms of systems of verification in Indonesia. The research method used in this writing is a method of legal research that is prescriptive. The position of Indirect Evidence or evidence in the process of evidence can be accepted as evidence in proof of a cartel case and is evidence that must support the occurrence of alleged cartel practices in terms of price fixing and this indirect evidence …

Tinjauan Resi Gudang Sebagai Lembaga Jaminan, Savitri Islamiana Putri

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Warehouse Receipt System is expected as a solution to overcome the fall in commodity Warehouse Receipt System is expected as a solution to overcome the fall in commodity prices at harvest by storing farmers' harvests in the warehouse. The building manager will issue a Warehouse Receipt as proof of ownership of the goods stored as collateral for the debt that can be transferred by the inventory collateral. Therefore, the government Act No. 9 of 2011 concerning Amendment to Law No. 9 of 2006 concerning the Warehouse Receipt System (SRG Law). This research seeks to answer can the warehouse receipt provisions …

Analisis Hukum Terhadap Perlindungan Nasabah Dalam Menggunakan Internet Banking Di Indonesia (Studi Kasus Bank X), Salsabila Putrianda

"Dharmasisya” Jurnal Program Magister Hukum FHUI

With the present development of technology and the internet, everything has been made easier. One sector that is affected by the development of information and communication technology is Banking, an economic sub-sector that mobilizes public funds. Behind the convenience obtained from the use of Internet Banking, there are also risks that can be used in the use of this service, among others, many violations of law regarding personal data via the Internet and also regarding financial risks suffered by bank customers in the use of Internet Banking The IT criminals cause the Banking industry to be able to prepare security …