Case Western Reserve law review最新文献

{"title":"Tinjauan Yuridis Perlindungan Konsumen Terhadap Masyarakat Yang Melakukan Fintech Peer-To-Peer Lending Atau Layanan Pinjam Meminjam Uang Berbasis Teknologi Informasi (Lpmubti) Dalam Sebuah Aplikasi Pinjaman Online (Julo) (Studi Penelitian : Otoritas Jasa","authors":"M. Adinata, Recca Ayu Hapsari","doi":"10.25157/caselaw.v3i1.2691","DOIUrl":"https://doi.org/10.25157/caselaw.v3i1.2691","url":null,"abstract":"Perkembangan layanan internet semakin meningkat sejalan dengan pesatnya pertumbuhan teknologi informasi,inovasi produk dan perkembangan teknologi merupakan bagian integral dari evolusi industri perbankan untuk menaikan kualitas layanan, supaya efisien agar mendapatkan kemudahan yang lebih cepat dan baik. Permasalahan bagaimana perlindungan konsumen bagi pengguna layanan FinTech (peer-to-peer lending) dalam perspektif UU Perlindungan Konsumen Indonesia dan upaya penyelesaian sengketa pada layanan pinjaman peer-to-peer dari aplikasi JULO. Metode penelitian menggunakan pendekatan yuridis normatif dan empiris. Peer-to-peer lending merupakan model kerjasama antara satu pihak dengan pihak lainnya. Pinjaman bersama menghubungkan antara rentenir yang memberikan uang tunai langsung kepada peminjam dengan struktur yang diberikan melalui organisasi yang tepat. Dalam Pedoman OJK tentang Penjaminan Pembeli Dalam Wilayah Administrasi Moneter diatur bahwa setiap LJK wajib memiliki satuan kerja dan tambahan kerja, hanya sebagai sistem pendampingan dan pengaduan pembeli. - Penyelesaian perdebatan melalui pemikiran atau melalui eksekutif hukum. Penyelesaian pertanyaan melalui musyawarah dibantu melalui perantara Badan Penyelesaian Perdebatan Pilihan (LAPS). Perlindungan Hukum FinTech (pinjaman bersama) di Indonesia diusulkan oleh Otoritas Administrasi Moneter. Asuransi pembeli diatur dalam Undang-Undang Jaminan Pembeli Nomor 8 Tahun 1999, dan Otoritas Administrasi Moneter telah memberikan pedoman nomor POJK: 1/POJK. 07/2013 tentang Asuransi Nasabah Di Bidang Administrasi Moneter.","PeriodicalId":80897,"journal":{"name":"Case Western Reserve law review","volume":"69 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-10-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72704334","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The new revolving door","authors":"M. Vandenbergh, J. Gilligan, Haley Feuerman","doi":"10.2139/SSRN.3570889","DOIUrl":"https://doi.org/10.2139/SSRN.3570889","url":null,"abstract":"This Article demonstrates that a new revolving door is emerging between environmental advocacy groups and the private sector. Since the birth of the modern regulatory state, scholars have raised concerns that the revolving door between corporations and government agencies could induce government officials to pursue corporate interests rather than the public interest. The legal and political science literatures have identified several benefits that may arise from the revolving door, but the thrust of the scholarship to date has emphasized the potential harms. Using several data sources, we demonstrate that as the private sector has begun to play an increasing role in environmental governance in recent years, a new revolving door has emerged between environmental advocacy groups and corporations, institutional investment firms and private equity firms. We demonstrate that this new revolving door is surprisingly common, and we examine the implications for the future of public and private environmental governance. Although this new revolving door creates new risks, we argue that it may turn the central concern about the revolving door on its head: The movement of environmental advocates into corporate management positions may play the role of greening corporate behavior and accelerating the development of private environmental initiatives. We focus on the movement of employees in the environmental area, a new green revolving door, but we suggest that the new revolving door also may be emerging in the labor, health and safety, and other regulatory areas.","PeriodicalId":80897,"journal":{"name":"Case Western Reserve law review","volume":"70 1","pages":"1121"},"PeriodicalIF":0.0,"publicationDate":"2020-04-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42623968","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Learning McNamara's Lessons: How the War Powers Resolution Advances the Rule of Law","authors":"P. Shane","doi":"10.31228/osf.io/nq8vw","DOIUrl":"https://doi.org/10.31228/osf.io/nq8vw","url":null,"abstract":"This essay considers Robert S. McNamara’s 1995 memoir In Retrospect: The Tragedy and Lessons of Vietnam. First, it explores McNamara’s Lessons to understand the dangers of military policy making conducted without genuine input from Congress. Further, it argues that the pathologies of Vietnam War decision making are not likely to be unique—that is, the realities of executive branch organization and its decision-making processes are likely to re-create those pathologies when Congress is only tenuously involved in resolving the most basic policy questions regarding any substantial military engagement. The essay asserts that the values of sound military decision-making are well served by preserving a state of ambiguity as to the allocation of military decision-making authority in all by the easiest cases. To the extent, the War Powers Resolution has helped Congress to exploit this ambiguity in leveraging its own military policy making role, it has performed a useful function.","PeriodicalId":80897,"journal":{"name":"Case Western Reserve law review","volume":"47 1","pages":"1281"},"PeriodicalIF":0.0,"publicationDate":"2018-12-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43401519","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"'The Strings in the Books Ain't Pulled and Persuaded': How the Use of Improper Statistics and Unverified Data Corrupts the Judicial Process in Sex Offender Cases","authors":"H. Cucolo, M. Perlin","doi":"10.2139/SSRN.3223877","DOIUrl":"https://doi.org/10.2139/SSRN.3223877","url":null,"abstract":"An examination of a range of judicial decisions involving sexual offender determinations reveals that, frequently, courts rely improperly on inaccurate and under-developed statistics as well as unverified and outdated information. This reliance, too often, underlies rulings that subject the sex offender to significant sanctions and loss of liberty. Additionally, the continuation of the testimonial script that all sex offenders are high recidivists, dangerous, compulsive and untreatable, contributes to the anti-therapeutic effect of shaming and humiliation. This results in isolation, seclusion, lack of dignity; also, it further trivializes the judicial process, and violates the tenants of therapeutic jurisprudence. Despite the “frightening and high” indoctrination, a handful of recent court decisions have begun to evaluate and apply relevant research that cites overall low recidivism rates and highlights the failures and harms of registration laws. These rogue courts and published court decisions have effectively revived the stagnant debate on the constitutionality of sexual offender containment laws. It is only through continued judicial recognition of improper reliance on controversial, outdated and incorrect information, that the constitutional wrongs of sex offender legislation can finally be rectified.","PeriodicalId":80897,"journal":{"name":"Case Western Reserve law review","volume":"69 1","pages":"637"},"PeriodicalIF":0.0,"publicationDate":"2018-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49161303","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Building a Culture of Assessment in Law Schools","authors":"Larry D. Cunningham","doi":"10.2139/SSRN.3216804","DOIUrl":"https://doi.org/10.2139/SSRN.3216804","url":null,"abstract":"A new era of legal education is upon us: Law schools are now required to assess learning outcomes across their degrees and programs, not just in individual courses. Programmatic assessment is new to legal education, but it has existed in higher education for decades. To be successful, assessment requires cooperation and buy-in from faculty. Yet establishing a culture of assessment in other disciplines has not been easy, and there is no reason to believe that it will be any different in legal education. A survey of provosts identified faculty buy-in as the single biggest challenge towards implementing assessment efforts. This article surveys the literature on culture of assessment, including conceptual papers and quantitative and qualitative studies. It then draws ten themes from the literature about how to build a culture of assessment: (1) the purpose of assessment, which is a form of scholarship, is improving student learning, not just for satisfying accreditors; (2) assessment must be faculty-driven; (3) messaging and communication around assessment is critical, from the reasons for assessment through celebrating successes; (4) faculty should be provided professional development, including in their own graduate studies; (5) resources are important; (6) successes should be rewarded and recognized; (7) priority should be given to utilizing faculty’s existing assessment devices rather than employing externally developed tests; (8) the unique needs of contingent faculty and other populations should be considered; (9) to accomplish change, stakeholders should draw on theories of leadership, business, motivation, and the social process of innovation; and (10) student affairs should be integrated with faculty and academic assessment activities. These themes, if implemented by law schools, will help programmatic assessment to become an effective addition to legal education and not just something viewed as a regulatory burden.","PeriodicalId":80897,"journal":{"name":"Case Western Reserve law review","volume":"69 1","pages":"395"},"PeriodicalIF":0.0,"publicationDate":"2018-07-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48358801","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Law as a Religion","authors":"D. Bell","doi":"10.1163/ej.9789004157941.i-536.46","DOIUrl":"https://doi.org/10.1163/ej.9789004157941.i-536.46","url":null,"abstract":"","PeriodicalId":80897,"journal":{"name":"Case Western Reserve law review","volume":"119 1","pages":"265"},"PeriodicalIF":0.0,"publicationDate":"2018-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"64586598","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Double Life of Law Schools","authors":"I. Holloway, S. Friedland","doi":"10.2139/SSRN.3026379","DOIUrl":"https://doi.org/10.2139/SSRN.3026379","url":null,"abstract":"The law school of 2025 will soon appear around the corner. An increasingly asked question is what will legal education look like? Will it look like the Langdellian model of the past 120 years, centered on the coverage of appellate case reports, leavened by a modest degree of experiences and some tweaks? Or will its shape transmogrify, becoming a blend of technology, Carnegie, and a redesigned marketplace? \u0000Our view is that by the year 2025, law school will indeed be dramatically different. But how different depends on who wins the war between the traditional education, tracing back to the days of Langdell in the 1870s, and the repositioned drivers influencing legal education today from inside and out. In a word, we are living in a time of struggle – struggle for control of the soul of legal education. \u0000Until recently, law schools lived a very comfortable double life that straddled two worlds – the world of academia and the world of law practice. This double life was made possible by the Langdellian revolution in the late nineteenth century; rejecting the apprenticeship system and adopting a model based on the teaching of appellate cases. \u0000The double life can be described as part grand university and part Hessian craft guild. The grand university identity takes on a similar hue as a graduate liberal arts endeavor - offering a good background for its emphasis on critical thinking, whether students practice law or not. The Hessian craft guild, by contrast, trains students to learn the details of the skilled practitioner - to welcome clients into a specific domain. \u0000This firmly rooted double life of law schools was skewed towards academia. As the oft-repeated saying goes, law schools taught people how to “think like lawyers,” but not how to actually be lawyers. In this regard, legal education appeared to be a professional training ground that at least implicitly distanced itself from the practical preparation required to succeed within specific domains. \u0000The system worked well when the profession acted as a finishing school for graduating law students – in effect, running apprenticeship programs for new lawyers. All parties benefitted from the implicit partnership. Graduates were, for the most part, far from “practice ready.” The finishing school system created greater demand for law school admissions when jobs were plentiful and provided exuberantly high starting salaries. It even benefitted many law professors working within the university confines to be able to devote more time to scholarship and service, burdened by teaching just a few classes each year. \u0000Even those students who did not have the opportunity to receive this additional professional training—and instead struck out on their own as solo practitioners—retained several advantages. Solo practitioners had access to their often better-trained former classmates working for government bodies, private firms, nonprofits, directly for business, or in other capacities. Thus, the finishing school","PeriodicalId":80897,"journal":{"name":"Case Western Reserve law review","volume":"68 1","pages":"397"},"PeriodicalIF":0.0,"publicationDate":"2017-08-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2139/SSRN.3026379","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46079933","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Privacy, Sharing, and Trust: The Facebook Study","authors":"A. Waldman","doi":"10.2139/SSRN.2726929","DOIUrl":"https://doi.org/10.2139/SSRN.2726929","url":null,"abstract":"Using sharing on Facebook as a case study, this essay presents empirical evidence suggesting that trust is a significant factor in individuals’ willingness to share personal information on online social networks. I then make two arguments, one that explains why Facebook is designed the way it is and one that calls for legal protection against unfair manipulation of users. I argue that Facebook is built on trust: the trust that exists between friends and the trust that exists between users and the platform. In particular, I describe how Facebook designs its platform and interface to leverage the trust we have in our friends to nudge us to share. Sometimes, that helps create a dynamic social environment: knowing what our friends are doing helps us determine when it is safe to interact. Other times, Facebook leverages trust to manipulate us into sharing information with advertisers. This should give us pause. Because Facebook uses trust-based design on social posts as well as advertisements, users may be confused about the privacy effects of clicking on the item. Federal and state consumer and privacy protection regulators should step in.","PeriodicalId":80897,"journal":{"name":"Case Western Reserve law review","volume":"67 1","pages":"193"},"PeriodicalIF":0.0,"publicationDate":"2016-06-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2139/SSRN.2726929","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68276297","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Every Day Counts: Proposals to Reform the Idea's Due Process Structure","authors":"E. Shaver","doi":"10.2139/SSRN.2600654","DOIUrl":"https://doi.org/10.2139/SSRN.2600654","url":null,"abstract":"It is a core principle of special education legislation that the parents of children with disabilities can challenge the child’s educational programming through an administrative due process hearing. Yet, for years the special education due process structure has been criticized as inefficient, anti-collaborative, and prohibitively expensive. Those criticisms have given rise to widely varying proposals to reform special education due process, proposals that range from adding certain alternative dispute resolution mechanisms to a wholesale replacement of the due process structure. This article provides a comprehensive analysis of special education dispute resolution. The article first examines the lively debate among scholars and special interest groups about perceived deficiencies of IDEA due process and various proposals to remedy those deficiencies. The article then sets forth the results of a nationwide survey in which over three hundred and fifty special education attorneys voiced their opinions about the current structure and some proposals for reform. Finally, the article recommends certain structural changes to IDEA due process that are designed to improve the efficiency and reduce the cost of special education dispute resolution.","PeriodicalId":80897,"journal":{"name":"Case Western Reserve law review","volume":"66 1","pages":"143"},"PeriodicalIF":0.0,"publicationDate":"2015-04-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68218879","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"A Short Treatise on Amateurism and Antitrust Law: Why the NCAA's 'No Pay' Rules Violate Section One of the Sherman Act","authors":"M. Edelman","doi":"10.2139/SSRN.2226541","DOIUrl":"https://doi.org/10.2139/SSRN.2226541","url":null,"abstract":"The National Collegiate Athletic Association (“NCAA”) oversees nearly every aspect of the $11 billion college sports industry. Its powers include scheduling championship events, determining eligibility rules, entering into commercial contracts, and punishing members that refuse to follow its authority. In recent years, some NCAA members have become increasingly wealthy – grossing annual revenues upwards of $100 million per year. However, the NCAA’s rules still deprive these members of the opportunity to share their wealth with student-athletes. This article explains why the NCAA’s “no pay” rules violate Section One of the Sherman Act. Part I of this article introduces the NCAA, its Principle of Amateurism, and its traditional enforcement mechanisms. Part II provides a brief overview of Section One of the Sherman Act – the “comprehensive charter of economic liberty” in American trade. Part III provides a detailed explanation about why the NCAA ‘no pay’ rules constitute both an illegal form of wage fixing and an illegal group boycott. Part IV then explores eight lower-court decisions that incorrectly find the NCAA eligibility rules to be non-commercial and thus exempt from antitrust scrutiny. Meanwhile, Part V analyzes four additional lower-court decisions that misconstrue the NCAA eligibility rules to be pro-competitive under a Rule of Reason review. Finally, Part VI concludes that even if a court were to find that competitive balance is a reasonable basis for upholding certain “no pay” rules, such rules still should not come from the NCAA, but rather from the individual conference level.","PeriodicalId":80897,"journal":{"name":"Case Western Reserve law review","volume":"64 1","pages":"61"},"PeriodicalIF":0.0,"publicationDate":"2013-02-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68006126","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}