Legislative History Research Articles

Comparative Study Of Reasons For Divorce Based On National Marriage Laws In Indonesia And Turkiye

Marriage aims to build a happy and eternal family, but realizing this is challenging because many factors trigger a conflict that leads to divorce. Research focuses on reasons for divorce based on marriage law. To sharpen reasoning in studying the laws of other countries, the research was carried out using comparison. The country chosen to compare with Indonesia is Turkey because Turkey has reformed family law in the form of a law, apart from that because Indonesia and Turkey have a majority Muslim population with a majority of the Shafi'i school of thought in Indonesia and Hanafi in Turkey. The research method uses a statutory and comparative approach with secondary data, namely Law Number 1 of 1974 concerning Marriage, the Compilation of Islamic Law (KHI), and the Turkish Civil Code 1926. The analysis uses three paths with conclusions based on vertical comparisons: Indonesia and the Islamic School of Religion. Shafi’i and Turkey, with the Hanafi School, both adopted some of the provisions of the school to become part of the regulations. Horizontally, the reasons for divorce in the Marriage Law in Indonesia and The Turkish Civil Code 1926 in Turkey are largely similar, and diagonally with a comparison of the history of marriage legislation, namely that every aspect of marriage law regulations is more or less influenced by the school of thought followed by that country.

Environmental legislation and policy: from national to municipal

The elaboration of the research project consisted in tracing a brief history of Brazilian environmental legislation since the colonial period, in presenting the nuances of the Constitutional chronology of Environmental Law in Brazil, in listing the laws that provide for National Policies aimed at the national environment. , in criticizing the judicial and administrative flexibility of environmental rules, in presenting the teleological bias to the dismantling of the state apparatus of environmental defense, as well as the reflexes of the institution of National Policies in the municipal legal system with a focus on the Municipality of Valença-Ba. Finally, the understanding of the reflexes of the National Environmental Policy in the Legal Order of Brazilian Municipalities was critically concluded.

ARTIFICIAL INTELLIGENCE AS AN OBJECT OF INTELLECTUAL RIGHTS

The purpose of the article is to review artificial intelligence, which is the object of intellectual rights. After all, it is intellectual rights that play a decisive role in the embodiment of creative ideas and inventions of authors. They become an integral part of our civic life, integrating into various spheres of society. The key point today is to analyze the history of legislation on intellectual property rights, understand its patterns and identify directions for development

Capacity of the U.S. federal system for cultural heritage to meet challenges of climate change

The U.S. federal government is unbalanced in its capacity to recognize, manage, and engage cultural heritage as part of its response to climate change. Legislation from the 1906 Antiquities Act to Executive Order (EO) 13990 signed in 2021 has set an overarching approach in which heritage is understood to be primarily tangible places and things that should be conserved, foremost through monument and park boundaries and significance designations. Such conservation, however, does not protect heritage from impacts of climate change and how to manage these components of heritage is nearly invisible in recent climate-focused publications of the two agencies assigned by legislation to serve as leads for cultural heritage in the U.S. government. Yet further, the long-standing tangible approach to heritage does not incorporate emerging understandings of its intangible components and the diverse connections of all forms of heritage to place, meaning, identity, and global change goals of sustainability and equity. In contrast, analysis of 27 federal agency climate adaptation plans prepared in response to 2021 EO 14008 shows that multiple agencies not assigned lead roles for heritage recognize a range of responsibilities that include heritage as part of climate adaptation, mitigation, equity, and coordination with Indigenous communities. This paper explores U.S. heritage legislative history, the definition it helped create for heritage, more recent understandings of heritage, and relationships of these to climate change and how these are represented in climate work and plans across U.S. federal agencies. On these bases, recommendations are provided for research and policy steps.

Feminist Mobilization for Reproductive Rights in State Socialist Hungary

Abstract This article scrutinizes the role of the signature-collection campaign of 1973 in the protection of legal abortion based on contemporary oral histories and archival sources. Following an examination of the atmosphere and events that triggered this resistance action and a discussion of the history of socialist abortion legislation in Hungary, this essay offers an analysis of the counterculture’s gendered relations. I hypothesize that the petition was developed on feminist grounds, but due to the diversity of the signatories’ motivations, it cannot be exclusively identified as a feminist action. However, the historical experience of collective civil action against a potentially destructive biopolitical measure is particularly significant in the present, when the struggle for reproductive rights has again come to the forefront of political battles in Hungary and across the world.

Deconstructing the Blueprint for Infringement: Remedying Flawed Interpretations of the § 120(a) Exception to Architecture Copyrights

Deconstructing the Blueprint for Infringement: Remedying Flawed Interpretations of the § 120(a) Exception to Architecture Copyrights

The legislative history of the EU’s anti-coercion instrument

In the last couple of years, the EU and its Member States have increasingly been the target of a number of third-country measures, including US extra-territorial sanctions and Chinese trade embargoes. Some of these measures are ‘caught’ by the Blocking Statute but some have caused headaches to EU policy-makers on how to best tackle them. The Anti-Coercion Instrument, adopted in 2023, is one of the latest tools at the European Union’s (EU) disposal to tackle economic coercion. The aim of this article is to show the legislative history of this new EU instrument and how it came about. The key role of preparing this legislation was played by the so-called ‘geopolitical Commission’ that is nowadays committed to assertively use the EU’s trade competences to advance foreign and security policy objectives. Due to the foreign and security policy implications of the Anti-Coercion Instrument, the article includes some political and security policy statements to better contextualise the need to adopt such a legislation.

A partner, not a combatant: the U.S. Congress, intelligence reform, and civil liberties after Vietnam

ABSTRACT In the aftermath of 11 September 2001, scholars and commentators concerned about civil liberties looked back to the 1970s with an air of nostalgia. Back then, they argued, Congress exposed and constrained executive abuses of civil liberties, most notably through the Senate Select Committee to Study Governmental Operations with Respect to Intelligence Activities (the ‘Church Committee’) and the 1978 Foreign Intelligence Surveillance Act (FISA); whereas, since 9/11, Congress has largely accepted a variety of constitutionally dubious activities as part of the ‘War on Terror.’ This article argues that these accounts get the history wrong. Drawing on the Church Committee’s hearings and reports, internal executive branch communications, and the legislative history of FISA, it makes three core claims. First, the Church Committee was more valuable as a source of historical documentation rather than real-time exposure. Second, executive officials took crucial steps towards intelligence reform before the Church Committee was established. Third, the two legislative fruits of the Church Committee – FISA and the creation of permanent intelligence committees in Congress – were forged in a cooperative, rather than adversarial interbranch environment. Thus, the post-Vietnam Congress is best described as a partner, rather than a combatant, in the process of intelligence reform.

Sadržaj međunarodnih i europskih standarda presumpcije nedužnosti s osvrtom na Republiku Hrvatsku

The presumption of the defendant’s innocence is one of the fundamental principles of modern criminal procedure. It could be argued that there is no person who, regardless of the level of education and profession, has never heard of the maxim of criminal procedure according to which everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law. Despite the general „popularization“ of the presumption of innocence, many legal scholars and practitioners would recoil to define its content and legal nature. After the introductory considerations, the paper analyzes the legislative history of the presumption of innocence in former Yugoslavian and Croatian legislation and the understanding of its legal nature. Furthermore, the content of the right to presumption of innocence is examined in international legal sources, primarily the Convention for the Protection of Human Rights and Fundamental Freedoms, as well as in the jurisprudence of the European Court of Human Rights, and subsequently in the European Union law. The latter includes the normative codification of the presumption of innocence, which was implemented at the EU level by the adoption of Directive 2016/343 on the strengthening of certain aspects of the presumption of innocence and of the right to be present at the trial in criminal proceedings. The presumption of innocence is also analyzed from the viewpoint of the Croatian normative framework and case law. The last part of the paper contains concluding remarks.

ENSURING CONSUMERS “GET WHAT THEY WANT”: THE ROLE OF TRADEMARK LAW

AbstractThis Article considers how trademark law should interpret the commitment in legislative history to the 1946 (US) Lanham Act that one of the principal purposes of trademark law is “to protect the public so that it may be confident that, in purchasing a product bearing a particular trademark which it favorably knows, it will get the product which it asks for and which it wants to get”. It looks back to highlight the often under-appreciated role of the consumer protection rationale in recent expansions in trademark protection, and then considers the different ways by which that basic objective might now be pursued by trademark law. It concludes that, without disregarding the core consumer protection purpose of trademark law, we need to start viewing the question of ensuring consumers get what they want both with a broader view of consumer interests and more explicit attention to a wider array of values.

Liability Rules for Automated Vehicles: Definitions and Details

This paper explains how the law ought to assign liability for automated vehicle accidents by providing an example of a proposed statute. We advocate for the creation of the legal fiction of a “Computer Driver,” which can have negligence liability, anytime a court or jury determines that the Computer Driver’s behavior failed to imitate or exceed the level of care we would expect of an attentive and unimpaired Human Driver in similar circumstances. We then use this concept to explain how to determine contributory negligence and comparative fault when control of a vehicle is transferred from a Computer Driver to a Human Driver by specifying a portion of time during the take-over transition period in which the Human Driver cannot have contributory negligence or comparative fault as a matter of law. We have proposed and defended these views in contemporaneous traditional law review articles, but to achieve the needed regulatory reform, our suggestions must be presented in a form containing proposed statutory language for adoption by a legislature. To that end, we make our case in this paper by presenting proposed legal definitions and explanatory legislative history for use by legislatures to implement our recommended structure. We use this non-traditional presentation because we believe the complexity associated with automated driving technology can only be fully conveyed by providing the details in a precise way, with technical definitions and wording that should be familiar to engineers and safety specialists.

The Implied Assertion Doctrine Applied to Legislative History

The Implied Assertion Doctrine Applied to Legislative History

Tort Claims Arising From Military Aircraft Crashes Are Not Preempted By The Federal Aviation Act

The Second Circuit's landmark ruling in Jones v. Goodrich Pump & Engine Control Sys., Inc. establishes crucial precedent by asserting that tort claims stemming from military aircraft crashes are not field or conflict preempted by the Federal Aviation Act (the Act). This decision, the first of its kind at the appellate level, carries far-reaching implications. The court’s rationale, grounded in the Act’s plain language, emphasizes that “public aircraft,” including military ones, are exempt from Federal Aviation Administration regulation. Title 49, section 44701(a)(1), explicitly excludes public aircraft from the Act’s purview. While the court’s analysis relies on the Act’s text, it is fortified by a comprehensive examination of legislative history dating back to the early days of aviation. This Article contends that the Second Circuit’s reasoning, supported by both statutory language and over a century of legislative evolution, should serve as a universally adopted guideline. The separation of civil and military aircraft regulation, initiated in the Paris Convention of 1919 and continued through subsequent legislative acts, underscores the distinct standards governing military aviation. The inherent divergence in purpose and design between civil and military aircraft, coupled with Congress’s consistent exclusion of military aircraft from FAA regulation, solidifies the argument against preemption. As the sole appellate authority on this matter, the Jones decision provides a robust foundation for future courts facing Federal Aviation Act preemption challenges in “public aircraft” tort cases.

A Commentary on Fasting of Nonclinical Research Animals.

This commentary discusses the implementation of fasting in nonclinical animal experimental subjects. The short-term removal of food from cages of experimental animals is in all respects innocuous. The term "stress" is ill-defined and the statutes and regulations governing animal research laboratories that exert their authority in the performance of their operations do so without substantive grounds to base compliance. The legislative and administrative history of the implementation of the Animal Welfare Act (AWA) has evolved into the development of laboratory management strategies that focus on the reduction of the biological cost of stress to the animals and the determination of when subclinical stress (eustress) becomes distress. Animal welfare is based on the tenet that in laboratories conducting animal research in compliance with Good Laboratory Practices (Title 21 USC, Chapter 13,§58), it is the study protocol and the study director that establish procedures and processes that are approved by each Institutional Animal Care and Use Committee to ensure the humane care and use of animals in research, teaching, and testing and to ensure compliance with guidelines and regulations. This approval process establishes the justification of eustress in the environment that do not rise to the threshold of distress under the AWA.

Insurrection, Disqualification, and the Presidency

Abstract Section 3 of the Fourteenth Amendment provides in part that anyone who takes an oath as an officer of the United States to support its Constitution but engages in insurrection may not hold any civil or military office under it until Congress removes the disability by a two-thirds vote of each House. The insurrection of January 6, 2021, and the coming presidential election raise two pressing constitutional questions. For purposes of Section 3, is the President an officer of the United States, and is the Presidency an office under the United States? This Article makes the case that the President is an officer of, and holds an office under, the United States for those purposes. It contributes to the debate over the provision's reach by setting out the broad case for Section 3's application to Presidents and the Presidency, utilizing text, purpose, legislative history, canons of construction, ordinary usage, and contemporaneous judicial and executive interpretations. The Article demonstrates public understandings before and after ratification that Section 3 bars eligibility to the Presidency, both in general and for the most important disqualified rebel—Jefferson Davis. It catalogues descriptions of Presidents as officers of the United States from Washington in 1794 to Jefferson, Jackson, Van Buren, Harrison, Polk, Taylor, Fillmore, Buchanan, Lincoln, Johnson, Grant, and Garfield, many of which occurred in the context of the President's election, constitutional position, and role in preventing domestic violence, preserving the Union, and enforcing the law during Reconstruction. Finally, it ties related Reconstruction statutes, legislative history, and contemporaneous judicial and executive interpretations into the broad case that Section 3 bars faithless Presidents from again taking the oath to “preserve, protect and defend the Constitution of the United States” until Congress permits.

The Use of Intentionalism, Textualism, Purposivism, Lenity, and the Absurd Doctrine When Evaluating Legislative Intent and Legislative History

This essay aims to illustrate how to use effectively the theories of intentionalism, textualism, purposivism, the principle of lenity and the absurd doctrine when a statue or a case is the focus of the analysis. Legislative intent and legislative history of a statute or a case are paramount in this effort. The benefit of using these tools in evaluating federal and state laws. Many legal scholars, practitioners, and students will likely find these techniques valuable. The legal analytical technique of issue, rule, analysis, and conclusion (IRAC) is of fundamental importance when conducting a legal analysis. However, theories of intentionalism, textualism, purposivism, the duty of lenity, and the absurd doctrine are used in the analysis section of an IRAC argument. They increase the competence in the legal profession when fashioning arguments. The more tools that are in a legal scholar’s, practitioner’s, or student’s tool bag, the stronger their arguments, provided that the instruments are used correctly. The intent of this essay is to help those in the legal profession as well as law students use the right tools at the right time. It should be remembered when the only tool that one has is a hammer, everything looks like a nail. Thus, adding tools to an individual’s legal tool bag is the goal of this essay.

Abortion access in the Americas: a hemispheric and historical approach.

This perspective article situates the 2022 United States (U.S.) Supreme Court's overturning of Roe v. Wade (1973) within the broader history of abortion rights activism and legislation in the greater Americas. The U.S. public has stereotyped Latin America and the Caribbean (LAC) as socially conservative regarding gender issues and anti-reproductive rights. But twenty-first-century LAC presents a more complicated landscape than this dominant narrative suggests. In the past 15 years, political, legislative, and public health advances and setbacks across the region provide both a blueprint for re-establishing access to safe and legal abortion and a warning on the consequences of the criminalization of abortion for the U.S. Employing a narrative approach that summarizes recent interdisciplinary literature, this perspective traces the history of the expansion of abortion access in the Americas. Mexico (2007, 2023), Uruguay (2012), Argentina (2020), and Colombia (2022) legalized abortion on demand within specific timeframes. These expansions coexist with severe restrictions on abortion in various nations including Haiti (1835), the Dominican Republic (1884, 2009), Honduras (1985, 2021), El Salvador (1997), and Nicaragua (2006), as well as some states in the United States (2022). This perspective finds that legalization occurs when feminist activists eschew U.S.-based feminist rhetoric of individual rights and choice to reframe abortion as a form of gender-based violence within a discourse of health and wellbeing as a human right. According to this perspective, restrictions on access to the procedure constitute a form of violence against women and people capable of bearing children and violate human rights.

The genesis of international legal means of ensuring nuclear safety

The international legal framework for nuclear security consists of legal instruments and generally accepted principles designed to prevent, detect and respond to criminal and other unauthorized activities that involve or target nuclear or other radioactive material and related facilities or activities.
 Joint adherence to these instruments and a unified national legal framework can make a significant contribution to the fight against nuclear terrorism.
 Today, nuclear safety is considered the main condition for the use of nuclear energy. Over the years, this understanding has been legally guaranteed and confirmed by various decisions and resolutions of the IAEA Governing Council, the General Conference, the Security Council and the UN General Assembly.
 However, the genesis of the international legal framework of nuclear safety was formed in a complex manner and in direct connection with historical events in the world, which is why it currently consists of various legally binding and non-binding international documents, which can sometimes be considered incomprehensible. The article attempts to shed light on the genesis of international legal means of ensuring nuclear safety, through a comprehensive review of legal instruments in the sphere of ensuring the peaceful use of nuclear materials. The article aims to deepen the knowledge and general understanding of the history and scope of the relevant legislation, including the relevant obligations undertaken by states and the relevant specific functions assigned to regulatory bodies and states. The work can be useful to legislators, government officials, technologists, lawyers, diplomats, mass media, general public and students of «international law» and «international relations» to increase awareness and understanding of changes in the international legal framework of nuclear safety.
 Research on the genesis of nuclear law and safety can be useful for the creation and maintenance of national legislative and regulatory frameworks for nuclear safety. This publication brings together the main legally binding international documents and internationally recognized non-binding documents that form the international legal framework for nuclear safety.

The rise of local labour legislation campaigns in post-war Hong Kong, 1969–1981

ABSTRACT This article tells the story of the rise of local labour legislation agenda in post-war Hong Kong in the period between 1969 and 1981. For over a hundred years, the legislation on labour issues has been mainly led by the Colonial Office, which was driven by the changing politics in Britain. Given the lack of channels for workers to participate in the government, the weak and divided union movement, and the unions’ prioritization of external political agenda over local workers’ welfare, workers’ voices had no influence at all on labour legislation. Looking into three legislative campaigns between 1969 and 1981, this article reveals how non-governmental organizations, rather than labour unions, mobilized workers to develop the local labour agenda serving workers in Hong Kong. This is a missing chapter in the study of Hong Kong’s labour legislation history and contributes to the understanding of the rise of the autonomous labour movement in post-war Hong Kong.

Law Changes in Islamic Law (Review of Concepts, Principles and Methodology)

Changes in law are necessary, both in Western and Islamic law; the basis for changes in Islamic law can be found in sources of Islamic teachings and documented in the history of Islamic law legislation. This article aims to analyze law changes in Islamic teachings, both conceptually, fiqhiyyah principles, and methods that can be followed. The results found that changes in Islamic law have a legitimacy basis from the Prophet's hadith about reformers every 100 years, also reflected in the history of Islamic law legislation both during the time of the Prophet, Companions, Tabi'in, and so on. Changes in law are also recorded from several principles, both fiqhiyyah principles and ushuliyah principles. Social changes influence the change in the law in the community where the law applies and is applied. The method used to change the law is to do ijtihad. The results of this ijtihad in Islamic law can be fatwas, jurisprudence (qadli decisions), doctrines (qaul fukaha), qanuns, and research results.