Vermont Law School
Georgetown University Law Center
Seattle University School of Law
Texas A&M University School of Law
University of Missouri - Kansas City, School of Law
Florida A&M University College of Law
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Eviscerating The State: An Update,
2026
Columbia University
Eviscerating The State: An Update, Jean L. Cohen
Emancipations: A Journal of Critical Social Analysis
A year after the publication of her article “Eviscerating the State: The New Oligarchic and Authoritarian Project to Undermine American Constitutional Democracy (Emancipations, Vol.4: Iss.2, July 2025) Jean Cohen looks again at the threats to American constitutional democracy posed by new oligarchic and authoritarian actors in the economy, the state, and society.
Border Fascism And The Fascistization Of Society,
2026
University of Houston
Border Fascism And The Fascistization Of Society, Nicholas P. De Genova
Emancipations: A Journal of Critical Social Analysis
The massive destruction and social dislocation wrought by capitalist crisis has culminated, historically, in the brutal cataclysms of fascism and other forms of authoritarian rule. Today, across the globe, we are confronted with the aggressive advance and entrenchment of a variety of such authoritarian political projects. Anxious discourses about ascendant fascism have become perfectly mainstream. These developments command our acute attention and critical analysis. This essay addresses these dire questions and the conceptual vexations surrounding the concept of fascism, particularly as it has been elaborated in various Marxist analyses. Specifically, much of the debate around fascism as an analytical category …
Reconstructing The Enforcement Of The Code Of Ethics For General Elections In Indonesia: A Prophetic Law Perspective,
2026
Universitas Jember/ Jember University
Reconstructing The Enforcement Of The Code Of Ethics For General Elections In Indonesia: A Prophetic Law Perspective, Fradhana Putra Disantara, Ratih Listyana Chandra, Aan Efendi, Iwan Rachmad Soetijono, Souad Ahmed Ezzerouali
Padjadjaran Jurnal Ilmu Hukum (Journal of Law)
This research examines the reconstruction of ethical code enforcement for election organizers in Indonesia through the perspective of prophetic law, arguing that ethical adjudication should extend beyond procedural compliance by integrating humanization, liberation, and transcendence as normative foundations of substantive justice. Employing doctrinal legal research, the study uses statutory, conceptual, case, and comparative approaches. It compares Indonesia's regulatory framework with the ethical governance systems of India and the United States to identify institutional models that strengthen integrity while respecting distinct constitutional traditions. The findings demonstrate that ethical adjudication differs fundamentally from administrative law: it governs the forum internum of election …
The Normative Status Of States' Obligations To Mitigate The Climate Crisis: Implications For The Right To Adequate Housing,
2026
Associate Professor, Faculty of Law Universitas Sebelas Maret, Jalan Ir. Sutami 36 Kentingan Surakarta, S.H. (Universitas Sebelas Maret), M.Hum (Universitas Gadjah Mada), LL.M. (University of Groningen), Dr. (University of Groningen)
The Normative Status Of States' Obligations To Mitigate The Climate Crisis: Implications For The Right To Adequate Housing, Erna Dyah Kusumawati, Sasmini Sasmini
Padjadjaran Jurnal Ilmu Hukum (Journal of Law)
The convergence of the global climate crisis, pursuant to the UNFCCC Paris Agreement and its implementing protocols as well as the fundamental right to housing has fundamentally disrupted established legal paradigms, necessitating a rigorous re-examination of the normative status of state obligations. This paper examines the scope of governmental responsibility to mitigate climate-induced threats to housing security. Drawing upon international human rights frameworks and contemporary legal discourse, the study interrogates the complex friction emerging at the intersection of environmental mandates and housing protections. Through a systematic analysis of the existing literature and recent developments in the international climate change framework, …
Territorial Representation In Fiscal Governance: A Comparative Constitutional Analysis Of Indonesia's Regional Representative Council And South Africa's National Council Of Provinces,
2026
Doctoral Candidate, Law Universitas Al Azhar Indonesia and Legal Drafter, Secretariat General of the Regional Representative Council of the Republic of Indonesia (DPD RI)
Territorial Representation In Fiscal Governance: A Comparative Constitutional Analysis Of Indonesia's Regional Representative Council And South Africa's National Council Of Provinces, Endah Yuniningsih, Deden Rafi Syafiq Rabbani
Padjadjaran Jurnal Ilmu Hukum (Journal of Law)
This article examines the institutional role of territorial chambers in fiscal governance through a comparative constitutional analysis of Indonesia's Regional Representative Council (DPD) and South Africa's National Council of Provinces (NCOP). While the DPD was established to strengthen regional representation following Indonesia's decentralization reforms, its legislative role in fiscal policymaking remains institutionally constrained. Existing scholarship has primarily focused on the DPD's constitutional status in debates on bicameralism, with comparatively little attention to how constitutional design shapes the role of territorial chambers in fiscal governance and intergovernmental fiscal relations. Using a normative legal research method that combines statutory, conceptual, and comparative …
Geoengineering And Criminal Liability Comparative Lessons For Penal Reform,
2026
Lecturer at the Department of Law, Universitas Bengkulu, Indonesia
Geoengineering And Criminal Liability Comparative Lessons For Penal Reform, Zico Junius Fernando, Deviana Yuanitasari, Chairul Huda, Muhammad Yamani, Arimbi Fajari Furqon
Padjadjaran Jurnal Ilmu Hukum (Journal of Law)
Geoengineering has emerged as a controversial climate technology involving large-scale interventions such as cloud seeding, weather modification, and unregulated carbon capture. While these practices are promoted as solutions to climate change, they also generate significant ecological risks that remain largely unaddressed within criminal law frameworks. This article examines the absence of explicit criminal liability for geoengineering-related harms and explores how comparative legal experiences can inform future penal reform. This research uses normative research methods with several approaches, including comparative, conceptual, and futuristic approaches. The collected legal materials are analysed qualitatively, and content analysis is employed to classify and interpret relevant …
The Expansive Power Of The House Of Representatives As A Precondition For Constitutional Rot,
2026
Lecturer at the Faculty of Law, 17 Agustus 1945 Samarinda University, Jl. IR H Juanda, Samarinda
The Expansive Power Of The House Of Representatives As A Precondition For Constitutional Rot, Isnawati Isnawati, Adam Setiawan
Padjadjaran Jurnal Ilmu Hukum (Journal of Law)
This study examines how the expansive powers of the Indonesian House of Representatives have contributed to constitutional rot because those powers no longer operate effectively or proportionately. It identifies dysfunction in the House of Representatives through weak legislative performance, inadequate oversight of the executive branch, and transactional political practices in appointment processes. Using a doctrinal legal method and contemporary constitutional theory as its analytical framework, this study argues that the expansive powers of the House of Representatives constitute a precondition for constitutional rot, evidenced by the poor exercise of legislative authority and institutional intervention through amendments to the Rules of …
Reconstructing Legal Certainty In Legacy Oil Well Management: A Systemic Model For Resource Governance,
2026
Lecturer at the Faculty of Social and Political Sciences Universitas Sriwijaya, Jl. Raya Palembang - Prabumulih No.KM. 32, Palembang, Indonesia
Reconstructing Legal Certainty In Legacy Oil Well Management: A Systemic Model For Resource Governance, Azhar Azhar, Bagaskara Sagita Wijaya, Siti Darwinda Mohamed Pero, Cynthia Azhara Putri
Padjadjaran Jurnal Ilmu Hukum (Journal of Law)
Legacy oil wells present persistent legal and institutional challenges in resource-dependent regions, where ageing infrastructure, informal extraction, environmental risk, and fragmented public authority intersect. This article examines how legal certainty is weakened in the management of legacy oil wells and how it may be reconstructed through a systemic model for resource governance. Using interdisciplinary socio-legal research, the study combines doctrinal legal analysis of Indonesia's oil and gas regulatory framework with qualitative field insights from Musi Banyuasin, a subnational setting in which formally recognised legacy wells coexist with community-operated wells. The analysis shows that legal uncertainty does not arise merely from …
Bank Indonesia's Floating Rate Notes (Bi-Frn) And Federal Reserve Instruments: A Comparative Analysis From An Institutional-Legal Perspective,
2026
Lecturer at the Department of Law, Universitas Nahdlatul Ulama Gorontalo
Bank Indonesia's Floating Rate Notes (Bi-Frn) And Federal Reserve Instruments: A Comparative Analysis From An Institutional-Legal Perspective, Abdul Madjid Podungge
Padjadjaran Jurnal Ilmu Hukum (Journal of Law)
This paper analyses the legal validity of Bank Indonesia's Floating Rate Notes (BI-FRN) following the Law Number 4 of 2023 on the Development and Strengthening of the Financial Sector (P2SK Law) from a public law viewpoint. Doctrinal legal research utilises statutory, conceptual, and comparative methodologies, augmented by literature network visualisation, to pinpoint structural deficiencies. The network analysis reveals a significant divide between technical financial transactions and administrative legal oversight. The findings indicate that Article 11 of the P2SK Law enforces a stringent priority clause that centres monetary policy solely on Rupiah stability. This legal barrier prohibits abuse of power by …
Masthead,
2026
Seattle University School of Law
Table Of Contents,
2026
Seattle University School of Law
Getting Money Out Of Politics By Putting Money Into Politics: A Few Modest Proposals To Reform Seattle’S Democracy Voucher Program,
2026
Seattle University School of Law
Getting Money Out Of Politics By Putting Money Into Politics: A Few Modest Proposals To Reform Seattle’S Democracy Voucher Program, Decker O’Donnell
Seattle University Law Review
Seattle’s Democracy Voucher Program offers an unconventional response to the growing influence of money in American elections: rather than restricting political spending, it seeks to amplify the participation of ordinary voters by providing publicly funded vouchers that residents may assign to participating candidates. This Article examines the program’s development, operation, and constitutional foundation within the modern campaign-finance framework established by Buckley v. Valeo and subsequent Supreme Court decisions. It argues that democracy vouchers provide a constitutionally viable means of broadening participation in campaign financing while mitigating the influence of wealthy donors. The Article identifies two weaknesses in the current system: …
Converting Buildings Is Hard: Why Seattle’S Municipal Government Should Streamline Commercial-To-Residential Conversions,
2026
Seattle University School of Law
Converting Buildings Is Hard: Why Seattle’S Municipal Government Should Streamline Commercial-To-Residential Conversions, Tyler M. King
Seattle University Law Review
The conversion of commercial buildings into housing is a promising solution to the growing housing crisis in many urban areas. However, despite its potential benefits, the process of repurposing commercial spaces is often stymied by complex zoning codes, high conversion costs, and bureaucratic hurdles. This Article argues that the local and state governments in Seattle should adopt more streamlined policies and offer greater incentives to developers to facilitate these conversions. By reforming zoning regulations and providing targeted financial support, municipalities can reduce the barriers to conversion and unlock the potential of underutilized commercial properties. This article examines the legal and …
Legal Malpractice In Washington: Use Of The Rules Of Professional Conduct,
2026
Seattle University School of Law
Legal Malpractice In Washington: Use Of The Rules Of Professional Conduct, Angelo Tadrous
Seattle University Law Review
Legal malpractice claims are difficult to prove. They are difficult to prove because many jurisdictions require that a plaintiff prove that, but for the lawyer’s misconduct, the client would have fared better. Thus, in a malpractice suit, a plaintiff must try a case within a case. Despite this difficulty, many jurisdictions prohibit the use of the Rules of Professional Conduct when litigating a malpractice case. Washington State is one of these jurisdictions. The Washington Supreme Court held in Hizey v. Carpenter that the Rules of Professional Conduct may not be referred to during trial. This Note argues that this prohibition …
Who Decides The Dead? Interpreting Washington’S Disposition Of Remains Statute,
2026
Seattle University School of Law
Who Decides The Dead? Interpreting Washington’S Disposition Of Remains Statute, Wyatt Young
Seattle University Law Review
Washington’s disposition-of-remains statute, RCW 68.50.160, is designed to honor a decedent’s expressed wishes regarding the control and disposition of their body after death. Yet recent litigation reveals a critical gap between the statute’s intent-centered design and its practical enforceability. In Larotonda v. Blackburn, a trial court acknowledged that irreparable harm would occur if a decedent’s burial wishes were ignored but nonetheless denied relief on the grounds that the individual designated to carry out those wishes lacked standing. The result was a legal paradox: a statute that recognizes decedent autonomy in theory but withholds any meaningful mechanism for its enforcement …
"Compromise With Lawlessness": The Relationship Between Lynching And The Death Penalty In Arkansas, 1895-1925,
2026
University of Arkansas, Fayetteville
"Compromise With Lawlessness": The Relationship Between Lynching And The Death Penalty In Arkansas, 1895-1925, Michael Lynch
The Ozark Historical Review
“Compromise with Lawlessness”: The Relationship between Lynching and the Death Penalty in Arkansas, 1895–1925 examines the complex relationship between extralegal lynching and state-sanctioned capital punishment in Arkansas during the late nineteenth and early twentieth centuries. While existing scholarship often characterizes the decline of lynching and expansion of capital punishment as a straightforward substitution, this article argues that the Arkansas experience was more dynamic, with lynching and legal execution functioning as competing and sometimes complementary mechanisms for satisfying demands for racialized justice and social control. Through an examination of the 1898 lynching of Bud Hayden in Texarkana and the 1901 execution …
Las Voces Olvidadas Del Territorio: Infancias Mayas Ante El Conflicto Socioambiental En Ixil,
2026
Independent resercher
Las Voces Olvidadas Del Territorio: Infancias Mayas Ante El Conflicto Socioambiental En Ixil, Cielo María Ávila López, Myriam Montserrat Baca Canché, José Israel Herrera
Journal of Maya Heritage
Resumen: En la península de Yucatán, en el sureste de México, la comunidad maya de Ixil resiste ante los diversos intentos de implementación de megaproyectos en su territorio. En el marco de estas disputas territoriales, las voces de las infancias adquieren un matiz clave en el análisis de las dinámicas de desterritorialización y las respuestas de resistencia que devienen del contexto del conflicto socioambiental. Es así como, a partir de la ecología política y metodologías que favorecen el acercamiento a las voces de las infancias, emergieron los significados construidos en torno a dichos sucesos, lo que reveló que más allá …
The Nature Of Human Trafficking Enterprises: Analysis Of U.S. And International Prosecutions--And The Path Forward,
2026
Virginia Commonwealth University
The Nature Of Human Trafficking Enterprises: Analysis Of U.S. And International Prosecutions--And The Path Forward, Jay Albanese
Dignity: A Journal of Analysis of Exploitation and Violence
The primary objective of this research is to develop a description and typology of the nature of serious cases of human trafficking and how traffickers, their victims, and consumers (the demand) overlap and interact across locations. This study examines known human trafficking enterprises for which sufficient evidence has been obtained to result in prosecution. These are also serious cases because US federal and international prosecutions result when the offenses are interstate or international in scope. Using a sample of US cases prosecuted over three calendar years (2021-2024), combined with an international sample of cases, an effort is made to develop …
Disrupting The Bonded Economy Of Sex Buying, Sex Trafficking, And Organised Crime Through Policy Change,
2026
Independent Scholar, South Africa
Disrupting The Bonded Economy Of Sex Buying, Sex Trafficking, And Organised Crime Through Policy Change, Dellene Clark
Dignity: A Journal of Analysis of Exploitation and Violence
Emerging criminological research underscores how the economic drivers of trafficking for sexual exploitation reinforce organised criminal markets while reproducing the structural vulnerabilities of those in prostitution. Using South Africa as a case study, this article argues that evidence-based legislative reform is necessary to confront the systemic conditions that enable exploitation. It contends that achieving substantive equality requires recognising the criminogenic role of sex‑buyer demand in sustaining trafficking pipelines and criminal profitability. The Swedish/Nordic demand‑reduction model illustrates how asymmetrical criminalisation can suppress demand, reduce reliance on trafficked persons, and diminish the financial incentives that underpin organised crime. Such an approach reorients …
Extending Legal Privilege To In-House Counsel In India,
2026
Cyril Amarchand Mangaldas
Extending Legal Privilege To In-House Counsel In India, L Viswanathan, Animesh Bisht
National Law School of India Review
Client-attorney privilege is a cornerstone of the rule of law, yet its extension to in-house counsel in India remains fraught with uncertainty. The Supreme Court’s recent decision in In re: Summoning Advocates who give legal opinion or represent parties during investigation of cases and related issues, Suo Moto Writ Petition (Criminal) No. 2 of 2025, reinforced a status-based exclusion, holding that in-house counsel fall outside the definition of “Advocate” under the Advocates Act, 1961 and the Bar Council of India Rules, and therefore cannot claim privilege under the Bharatiya Sakshya Adhiniyam, 2023. This paper examines the Indian statutory framework and …
