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Artikel Jurnal Teks lengkap
Delegation and Agency Deference in Financial Regulation: A Comparative EU-U.S. Perspective
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Artikel Jurnal Teks lengkap
An Ocean Apart: The Regulation of Financial Technology in the United States and European Union
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Artikel Jurnal Teks lengkap
The Divergence of Mandatory Climate Disclosure in the United States and European Union
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Artikel Jurnal Teks lengkap
Structural Logics of Presidential Immunity
In Trump v. United States, the Supreme Court wrought two new presidential immunities from criminal prosecution. Supplemented by a pair of penumbral evidentiary rules, these immunities inhibit criminal indictment or conviction of the president, and indeed the criminal prosecution of a substantial…
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Artikel Jurnal Teks lengkap
No More “Vague Handwaving”: Applying the Overlooked “Person Aggrieved” Provision of the North Carolina Administrative Procedure Act to Election Litigation
The North Carolina Administrative Procedure Act requires claimants against state agencies to be “persons aggrieved,” meaning they have been “affected substantially” in their “person, property, or employment” by the challenged agency action. But in the 2024 general election, North Carolina state…
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Artikel Jurnal Teks lengkap
Fair and Balanced: Why We Need a Federal Anti-SLAPP Law for Good-Faith Journalism
Strategic lawsuits against public participation (SLAPPs) pose a serious threat to free expression, often targeting journalists and media outlets to intimidate or silence critical reporting. Many states have adopted anti-SLAPP statutes that provide procedural protections for speech to deter…
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Artikel Jurnal Teks lengkap
Toward a New Era of American Indian Scholarship: An Introductory Essay for the American Indian Law Journal
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Artikel Jurnal Teks lengkap
Anchoring Deference: The Chevron Doctrine, Loper Bright, and Alaska Administrative Law
After statehood, the Alaska Supreme Court operated on a blank legal slate. No Alaska precedent, for example, addressed the fundamental question of when courts should defer to an agency’s statutory interpretation. In addressing this issue, the Alaska Supreme Court largely adopted the framework…
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Artikel Jurnal Teks lengkap
Circumscribing Alaskan Law Enforcement’s Access to Pretrial Electronic Monitoring Location Data
In Alaska, pretrial detainees comprise much of the state’s prison population. Electronic monitoring—made possible by recent bail reforms—provides a pathway to pretrial release for those who cannot afford to pay bail. Using GPS data, the Pretrial Enforcement Division can monitor the location of a…
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Artikel Jurnal Teks lengkap
“Parked Under the Influence” Is Not a Crime: Why the Alaska Supreme Court’s Broad Interpretation of “Operating a Vehicle” Is Wrong
In Jacobson v. State, the Alaska Supreme Court interpreted the word “operate” in Alaska’s driving under the influence statute to include sitting in a running, parked car. Jacobson was part of a national trend. In the last few decades, courts in about half of states have interpreted “operate” to…
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Artikel Jurnal Teks lengkap
Where There’s Fire, There’s Smoke: Regulation of Fine Particulate Air Pollution in the Fairbanks North Star Borough
In 2006, the U.S. Environmental Protection Agency strengthened the National Ambient Air Quality Standards (NAAQS) for 24-hour fine particulate air pollution (PM2.5). A large portion of the Fairbanks North Star Borough, encompassing the cities of Fairbanks and North Pole, was designated a Clean Air…
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Artikel Jurnal Teks lengkap
Alaska’s Hidden Gems: Advocating for the Protection of Deep-Sea Corals, Both in the Courtroom and Beyond
Coral reefs are ecologically, financially, and aesthetically one of the world’s greatest resources. Off the coast of Alaska, many unique species of deep-sea cold-water corals exist and provide various public health benefits, contribute vital ecosystem functions to their surrounding environment, and…
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Artikel Jurnal Teks lengkap
The Helms-Burton Act and the WTO Challenge: Making a Case for the United States Under the GATT National Security Exception
This article analyzes the legality of the Helms-Burton Act under the WTO and GATT rules, with particular emphasis on the national security exception and the use of this exception by the United States to justify its policy towards Cuba and its trading partners. Part one describes the contextual…
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