Digital Commons Network^™

Law School News: The View From The Statehouse 04-27-2021, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

The Investigation Of Grievances (Al- Nazar Fi Al -Mazalim ) It's Rises , Development , And Jurisdiction A Study In The History Of Islamic Institution

UAEU Law Journal

During the late Umayyad period the (Caliph) had established a special procedure to deal with the complaints which had been presented to him, and in consequence had created the institution of (Al-Nazar fi Al-Mazalim), or the investigation of grievances. It had been developed into one of the most important office in the state.

There are some questions which had been raised in the literature on the subject by various authors regarding it's nature and origins. This articale tries to answer some of these questions by examining the rise of this institution and it's developments, and determine it's origins and judicial …

Law Library Blog (April 2021): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Rwu Law News: The Newsletter Of Roger Williams University School Of Law 04-2021, Michael M. Bowden, Barry Bridges, Political Roundtable

Life of the Law School (1993- )

No abstract provided.

Offer And Acceptance In Jordanian Civil Law And Comparative Law: The Concept And Its Development

UAEU Law Journal

Islamic jurisprudence "fiqh" was the first legal system which adopted the doctrine of offer and acceptance. It is thought that the doctrine had been imported to French legal system from Islamic Fiqh through Spain and then transmitted to English law.

As we have seen, all the legal systems which have been studied are in common on the question of determination of offer and acceptance. This determination is based on a chronologically sequential order: the first expression of one party's will is an offer while the second corresponding expression of the other party's will is an acceptance. Nevertheless, all these systems …

The Endowment (Waqf) And Its Effect In Cultural And Scientific Development

UAEU Law Journal

This research is aim to show the truth of endowment which the Islam legislated and to clearing up the Islamic societies and the humanity needs, because the purposes are to achieve the progress for Human being Generally, happiness, and securing the spiritual and material ambitions.

The routes that Muslims treaded for that are the endowments of mosques, schools, Universities, general and special libraries, scientific and researching centers. They had constructed too much of these a length and wide of countries. They had spent a peerless generosity at these and scientists, teachers, employees, students and requisites which the marks still nowadays. …

Law And Development The Experience Of The Palestinian Authority Since The Oslo Agreements, Asem Khalil, Jamil Elias Salem

UAEU Law Journal

This paper sheds light on the relationship between law and development; more specifically, it deals with statutory laws and economic development. The case study will deal with Palestine after the Oslo agreements. Statutory laws are used, in contemporary states or proto-states, as is the case with the Palestinian Authority, to effectuate change; however, change occurs in all institutions and legal systems. The question that arises here is: why effect change through statuary laws?

This paper shows that one of the goals of statutory laws is to accelerate the process of socio-economic change through a planned process of legal reform and …

Law Library Blog (March 2021): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Foundations And Types Of Criminal Liability Of A Legal Person In The English Law And The Penal Code Of The United Arab Emirates: A Comparative Study, Butti Sultan Al-Muhairi

UAEU Law Journal

This Article aims to determine the basis and type of corporate criminal liability provided by the UAE Penal Code. To achieve this aim, comparison has been made between the UAE Penal Code and the English Law. The development of corporate criminal liability within the English Law, the basis, type and theories established such liability have been examined. It is seen that the English Criminal Law makes distinction between two types of corporate criminal liability, indirect and direct liability. The English Courts base the indirect liability upon the principle of vicarious liability. This type of liability applies to offences of strict …

Disclosure Of The Invention Before The Award Of The Patent And Its Impact On The Novelty Standard, Ibrahim Obeidat

UAEU Law Journal

Since the invention is one of the most essential elements in the process of growth and development of the economic life of nations, Legislations have approved certain criteria which are required for the legal protection of the invention; novelty, innovation, and industrial application, The first criterion has raised heated debate among legal scholars, this debate focused on concept; scope and application of novelty in line with secrecy. Due to the importance of novelty as a pre-condition to the existence of legal protection; it was the central issue of this study, which aimed at clarifying the means and ways to ensure …

An Fsoc For Continuous Public Investment: The National Reconstruction And Development Council, Robert Hockett

Michigan Business & Entrepreneurial Law Review

The crisis our nation presently faces does not stem from COVID-19 alone. That was the match. The kindling was that we have forgotten for decades that “national development” both (a) is perpetual, and (b) requires national action to guide it, facilitate it, and keep it inclusive.

Hamilton and Gallatin, Wilson and Hoover and Roosevelt all understood this and built institutions to operationalize it. Although the institutions were imperfectly operated, they were soundly conceived and designed. Abandoning these truths and institutions these past fifty years has degenerated not only our public health but also our nation’s industrial and infrastructural muscle to …

Harry Potter And The Gluttonous Machine, Jason A. Beckett

Faculty Journal Articles

In this paper, I outline the colonial structure of international law, and examine the short decline or suppression of its coloniality in the so-called ‘era of decolonisation’, then illustrate its resurgence in the modern neo-colonial order. PIL has split into two separate systems. One includes, and is justified by, the heroic tales of human rights and ‘Humanity’s Law’. The other is the actualised system of International Economic Law (IEL), an order driven by the need of the over-developed states to plunder the under-developed states’ resources and labour, to subsidise the luxury to which we have grown accustomed. One purports to …

Law Library Blog (January 2021): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

The Deceptive Dyad: How Falseness Structures International Law, Jason A. Beckett

Faculty Journal Articles

Public International Law (PIL) is portrayed as an autonomous and tolerably just legal system. A determinable system of rules and principles, deployed by professionals to evaluate and constrain the global machinations of power politics. Law as an authoritative structure through which global justice can be pursued. This entrenches a comforting, but false, progress narrative; and obscures the limitations of pursuing progressive change through international law. PIL is structured by false necessity and false contingency. These interact to create the Deceptive Dyad, which disguises the radical indeterminacy of PIL. PIL’s purported demands, however meticulously crafted, do not effect change in the …

Changemakers: Coming Full Circle, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Functions Of The Rule Of Law, Brian Z. Tamanaha

Scholarship@WashULaw

This concise essay examines multiple manifest and latent functions of the rule of law. The rule of law is characterized as a society in which government officials and the populace are generally bound by and abide law. The functions covered include: personal and collective security and trust; integration of society; legal restrictions on officials; liberty and guiding conduct; economic development; a pivotal place for legal professionals; entrenching power structures; normative commitment and critical standard; and rhetoric. The discussion raises core issues about each function.