195,752 research outputs found

    One Professor\u27s Approach to Increasing Technology Use in Legal Education

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    Legal educators must increase the use of technology in legal education today Although some legal educators may disagree vehemently with this statement, most have accepted the fact that technology has and will become an even greater part of the fabric of our learning institutions. Students in kindergarten spend some portion of their week in the computer lab. By the time kids reach their middle- and high-school years, many are well-versed in word processing programs, e-mail, and surfing the Internet. Elementary school teachers are trained and encouraged to use multi-media software, the Internet, and other technology in their classrooms because not all students learn effectively using only auditory skills, nor do all students respond to a chalk and talk teaching style. Undergraduate professors in business, science, religion, and other subjects commonly use presentation software to illustrate substantive concepts with formulas, maps, and text. Students are encouraged and trained to utilize technology in class projects and presentations. Most law schools, however, are far behind the educational systems that send us our students in terms of integrating technology into the learning process. Certainly, legal educators have had WESTLAW and LEXIS/NEXIS at their disposal for years, but these tools do not demonstrate a commitment to technology. Even these automated legal databases have at times been viewed with scorn or caution by law professors and legal professionals. Law professors are rightfully concerned that students may rely on automated search techniques without understanding how to research a case or statute in the bound books. Similarly, some law firms would rather bill associate hours than bill clients for LEXIS or WESTLAW search charges. Law students, however, need to recognize the important role that technology plays in our society, and academicians should be the ones to guide them

    PENGEMBALIAN KERUGIAN KEUANGAN NEGARA DALAM TAHAP PENYIDIKAN TINDAK PIDANA KORUPSI

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    ABSTRACT Recovery of state financial losses by efforts to recover state financial losses in corruption crimes in reality still faces obstacles both at the procedural level and at the technical level. At the procedural level, certain legal instruments are needed that are appropriate in accordance with the modus operandi of the crime and the object of the legal problem. In the case of a criminal act of corruption, the results of a criminal act in the form of state finances are in fact not only accepted or enjoyed by the defendant, but also received or enjoyed by a third party who is not a defendant. The formulation of the problem raised is How is the legal arrangement for returning state financial losses in the investigation stage of corruption and how is the Procedure for Returning State Financial Losses in the Implementation Stage of Corruption Crimes.The type of research used is normative juridical research library research with the problem approach used in writing this thesis is the statute approach and field research to obtain data. from corruption. These efforts are regulated in Law Number 31 of 1999 as amended by LAW Number 20 of 2001 concerning Eradication of Criminal Acts of Corruption, Law Number 7 of 2006 concerning Ratification of the United Nations Convention Against Corruption (Anti-Corruption Convention), Law Number 15 of 2002 as amended by LAW Number 25 of 2003 concerning the Crime of Money Laundering (Law on Money Laundering), Law Number 1 of 2006 concerning Mutual Assistance in Criminal Matters and the process of returning state finances in the implementation the case decisions are Asset Search, Confiscation of Assets/Wealth, Prosecution of Compensation Payments and Execution/Implementing Court Decisions Regarding Refund of State Financial Losses Keywords: Corruption, Return of State Finances, Investigatio

    Two Pedagogies in Search of Synergy

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    Anyone who has taught a first-year legal research course understands the dilemma: How do we weave research skills into the writing program without sacrificing the quality or quantity of either discipline? In fact, it is difficult and time consuming to interweave any serious legal research instruction into a first-year writing course. What the students need to know is not just how to do a little case law research or how to find a statute: they need to also know how to formulate a research plan, how to evaluate a database, what kind of search works in different information environments, and how to assess the quality of information. It is hard to shoehorn that much research into the typically over-burdened first-year course. In addition, legal research professors have similar yet different pedagogical goals than legal writing professors. Research, writing, and doctrinal analysis exist together as part of the creative legal problem-solving process. In the first-year curriculum, however, the goals of legal research pedagogy have been secondary to the goals of legal writing’s pedagogy. Making this instruction match up with a writing curriculum is not impossible, but it requires the kind of collaboration and time that very few first-year programs have the resources or the teachers to provide. In this article, instructional services director Lisa Schultz and associate professor and director of the law library, Susan Nevelow Mart, share their experiences and advice

    SANKSI PIDANA BAGI MITRA OJEK ONLINE DAN TAKSI ONLINE YANG TERBUKTI MELAKUKAN ORDER FIKTIF DITINJAU DARI KUHP DAN UU ITE

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    ABSTRAKPerbuatan melanggar hukum dengan melakukan order fiktif dengan maksud menguntungkan diri sendiri termuat di dalam KUHP yakni Pasal 378 (bentuk pokoknya) dan Pasal 379 (bentuk khususnya) atau yang biasa disebut dengan oplichting, sedangkan Pasal 30 ayat (3) yang termuat dalam Undang-undang Nomor 19 Tahun 2016 Tentang Perubahan Atas Undang-undang Nomor 11 Tahun 2008 tentang Informasi dan Transaski Elektronik lebih relevan dengan kejahatan orderan fiktif. , Penelitian ini adalah penelitian hukum normatif, yang dilakukan dengan cara meneliti bahan pustaka, yang merupakan data sekunder dan aturan perundang-undangan sebagai bahan hukum primer. Sedangkan metode pendekatan yang dipakai dalam penelitian ini, Pendekatan Perundang-Undangan (Statute Approach), Pendekatan Kasus (Case Approach), Pendekatan Konseptual (Conceptual Approach), Perbandingan/Komparatif (Comparative Approach). Kemudian teknik penelusuran bahan hukum adalah dengan menggunakan teknik library research Berdasarkan uraian dikemukakan diatas menarik untuk dikaji dan diteliti dengan fokus permasalahan sebagai berikut : Bagaimana sanksi pidana bagi mitra ojek online dan taksi online yang terbukti melakukan orderan fiktif menurut Kitab Undang-undang Hukum Pidana? Bagaimana sanksi pidana bagi mitra ojek online dan taksi online yang terbukti melakukan orderan fiktif menurut Undang-undang Nomor 19 Tahun 2016 Tentang Perubahan Atas Undang-undang Nomor 11 Tahun 2008 tentang Informasi dan Transaski Elektronik?ABSTRACViolating the law by making a fictitious order with the intention of benefiting oneself is contained in the Criminal Code, namely Article 378 (main form) and Article 379 (special form). ) or what is commonly referred to as oplichting, while Article 30 paragraph (3) contained in Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Electronic Information and Transaction is more relevant to fictitious order crimes. This research is a normative legal research, which is carried out by examining library materials, which are secondary data and statutory regulations as primary legal materials. While the approach method used in this research is the Statute Approach, the Case Approach, the Conceptual Approach, and the Comparative Approach. Then the legal material search technique is to use the research library technique. Based on the description stated above it is interesting to study and research with a focus on the following problems: What are the criminal sanctions for online motorcycle taxi and online taxi partners who are proven to have made fictitious orders according to the Criminal Code? What are the criminal sanctions for online motorcycle taxi and online taxi partners who are proven to have made fictitious orders according to Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Electronic Information and Transaction

    The National Security Process and a Lawyer’s Duty: Remarks to the Senior Judge Advocate Symposium

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    September 11 changed so much about our lives and how we perceive national security. Harold Lasswell, in an earlier context, described the sharing of danger throughout society as the “socialization of danger,” which he wrote was a permanent characteristic of modern violence; but not for America until September 11. The socialization of danger has made ordinary citizens participants in the national security process in a way not previously experienced. In addition, it has brought relatively unknown federal agencies, like the Federal Emergency Management Agency and the Centers for Disease Control, to the forefront of national security planning and response. And both of these occurrences have emphasized the importance of viewing terrorism and cyber security as problems requiring effective vertical and not just horizontal process. Where most national security problems require coordination amongst federal agencies, homeland security is equally about coordination between federal, state, and local actors down to the level of first responder and the technician who spots the first medical anomaly. This vertical process will test the manner in which information is shared, resources allocated, and perhaps the level at which decisions of life and death, heretofore made by the President, are taken. Constitutional democracy also means that all decisions are made according to law. And that means that sound Executive process must incorporate timely and competent legal advice. In some cases, legal review is dictated by statute, as in the case of the Foreign Intelligence Surveillance Act (FISA), which requires the attorney general, or his designee, to approve requests for electronic surveillance or physical search before they are submitted to the FISA court. In other cases, the President has directed a specific process to ensure legal review in areas historically prone to peril, including certain intelligence activities. However, the majority of legal advice within the national security process is not directed, but is the product of practice, custom, and personal interchange between lawyer and client. That means that good process requires personal persuasion, presence, and value added, or the lawyer will find he or she is only contributing to decisions where legal review is mandated and then only as the last stop on the bus route. Constitutional democracy does not rest on such process

    Cordial v. Grimm: In Search of Indiana\u27s Legal Malpractice Statute of Limitations

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    Arkansas Open Carry: Understanding Law Enforcement’s Legal Capability Under a Difficult Statute

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    “There seems to us no doubt, on the basis of both text and history, that the Second Amendment conferred an individual right to keep and bear arms.”1 Although the United States Supreme Court in District of Columbia v. Heller established a fundamental understanding that individuals have a right to own a gun for personal use, the Court recognized that, as with all fundamental rights, the individual right to keep and bear arms is “not unlimited.”2 A few limits the Court mentioned included “prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms.”3 Naturally, the Heller decision left us with this question: What are the constitutionally sound restrictions, and how far can the government go?

    A Modest Proposal for a Change in Maryland\u27s Statutes Quo

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