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Articles 1 - 7 of 7
Full-Text Articles in Law
Determining Civil Liability Arising From Car Accidents According To International Private Law And International Penal Law, Ahmad Mohammed Al Hawwary
Determining Civil Liability Arising From Car Accidents According To International Private Law And International Penal Law, Ahmad Mohammed Al Hawwary
UAEU Law Journal
This research aims to explore the Legal norms governing car accident liability Most of the laws give the injured party a choice between civil or criminal procedure. This study further discusses judicial jurisdiction and applicable laws. It focuses on the criteria to determine the judicial jurisdiction such as the accident scene, the nationality of the victims and, the liable parties ; like the accident scene and the nationality of the injured and liable parties. Finally, the research paper relies on comparisons between solutions in this domain adopted by Arab countries especially Egypt and the United Arab Emirates as well as …
Clash Of The Titans: A Comparative Approach To Reform Of Judicial Accountability In Egypt, Shams Al Din Al Hajjaji
Clash Of The Titans: A Comparative Approach To Reform Of Judicial Accountability In Egypt, Shams Al Din Al Hajjaji
Seattle University Law Review
This Article argues for the reform of judicial accountability rules in Egypt. The lack of a real separation of powers and “checks and balances” between the three powers often leads the judiciary to become a periphery in the executive body, rather than an independent authority that invigilates and monitors any violation of the law. Judges who refuse to comply with executive wishes are often subjected to persecution from the Ministry of Justice and its Judicial Inspection Department, which can reach up to the level of impeachment. The Ministry of Justice uses judicial accountability as a tool of retribution over disobedient …
A Comparative Approach To Counter-Terrorism Legislation And Legal Policy, Paul David Hill Jr
A Comparative Approach To Counter-Terrorism Legislation And Legal Policy, Paul David Hill Jr
Senior Honors Theses
Since the 9/11 attacks, American legislation and legal policy in regards to classifying and processing captured terrorists has fallen short of being fully effective and lawful. Trial and error by the Bush and Obama administrations has uncovered two key lessons: (1) captured terrorists are not typical prisoners of war and thus their detainment must involve more legal scrutiny than the latter; and (2) captured terrorists are not ordinary criminals and thus the civilian criminal court system, due to constitutional constraints, is not capable of adequately trying every count of terrorism. Other nations, including France and Israel, approach this problem with …
Taking Constitutional Identities Away From The Courts, Pietro Faraguna
Taking Constitutional Identities Away From The Courts, Pietro Faraguna
Brooklyn Journal of International Law
In federal states, constitutional identity is the glue that holds together the Union. On the contrary, in the European Union—not a fully-fledged federation yet—each Member state has its own constitutional identity. On the one hand, the Union may benefit from the particular knowledge, innovation, history, diversity, and culture of its individual states. On the other hand, identity-related claims may have a disintegrating effect. Constitutional diversity needs to come to terms with risks of disintegration. The Treaty on the European Union seeks a balance, providing the obligation to respect the constitutional identities of its Member states. Drawing from the European experience, …
The Need For Judicial Activism Acceptance Speech, Dr. Tariq Hassan
The Need For Judicial Activism Acceptance Speech, Dr. Tariq Hassan
ILSA Journal of International & Comparative Law
Honorable President, Dean of the Shepard Broad Law Center, members of the faculty, respected students, distinguished guests, ladies and gentlemen.
Storm In A Teacup: The U.S. Supreme Court’S Use Of Foreign Law, Austen L. Parrish
Storm In A Teacup: The U.S. Supreme Court’S Use Of Foreign Law, Austen L. Parrish
Articles by Maurer Faculty
In this Article, Professor Parrish explores the legitimacy of the U.S. Supreme Court's use of foreign law in constitutional adjudication. In recent years, the U.S. Supreme Court has used foreign law as persuasive authority in a number of highly contentious cases. The backlash has been spirited, with calls for foreign law to be categorically barred from constitutional adjudication, and even for Justices to be impeached if they cite to foreign sources. Last year, the condemnation of comparative constitutionalism reached a high note, as a barrage of scholarship decried the practice as illegitimate and a threat to our national sovereignty. The …
Where On Earth Does Cyber-Arbitration Occur?: International Review Of Arbitral Awards Rendered Online, Tiffany J. Lanier Esq.
Where On Earth Does Cyber-Arbitration Occur?: International Review Of Arbitral Awards Rendered Online, Tiffany J. Lanier Esq.
ILSA Journal of International & Comparative Law
As international commerce continues to increase in online volume, so to will disputes arising out of that online commerce.