Law Commons^™

The Case For An International Solution To The Restitution Of Cultural Property: Morality, Legality And Righting Western Wrongs, Ariana Catarisano

Brooklyn Journal of International Law

In 2020, the conversation surrounding the return of cultural property acquired during the colonial era was given new life after the world watched as Black Lives Matter activists exposed systemic racial injustice in the United States. Thousands of objects currently sit in western museums under the guise of sharing these cultures and civilizations with the world, but this brings little comfort to communities suffering the genocidal consequences of colonialism. As formerly colonized nations battle the western world for the return of their cultural property, success is often dictated by a combination of power, money, and the ability to turn the …

Corpus Linguistics And The Law: Extending The Field From A Statistical Perspective, Stefan Th. Gries

Brooklyn Law Review

During the last 5–10 years, corpus-linguistic applications have slowly become more widespread in matters of legal interpretation; specifically, we see more court cases in which corpus-linguistic data are brought to bear on the (original) ordinary/public meaning of expressions in legal texts (in briefs and judicial opinions), but also more academic research focusing on if/how corpus-linguistic methods can shed light on the plain/ordinary meaning of words in a legal text.While this development is welcome, it also comes with shortcoming/risks, some of which are now hotly debated in recent and forthcoming law review articles. In particular, there is a whole family of …

Big Data And Accuracy In Statutory Interpretation, Brian G. Slocum

Brooklyn Law Review

Scholarship is increasingly devoted to improving the “accuracy” of statutory interpretations, but accuracy is a contingent concept dependent on interpretive perspective. If, for instance, a scholar focuses on the language production of the legislature, she may seek to improve the methodology of statutory interpretation through a more sophisticated understanding of the legislative process. Thus, the scholar may argue that one can assess the reliability of the different types of legislative history by focusing on the actors and processes that produce them. Conversely, a scholar might focus on the language comprehension of some speech community, such as the one comprised of …

Hypothesis Testing Ordinary Meaning, Daniel Keller, Jesse Egbert

Brooklyn Law Review

Corpus linguistic tools promise to make determinations of the ordinary meaning (OM) of a word or phrase in a statute more objective, replicable, and transparent. However, significant questions remain as to how corpora may best be employed in the process of determining OM. In this paper, we argue that objectivity, replicability, and transparency are bolstered when legal practitioners take a hypothesis testing approach to determining ordinary meaning. In this approach, the corpus (a large collection of authentic texts) is treated as a sample of data which the practitioner may use to draw inductive inferences about the meaning of the term …

What Counts As Data?, Anya Bernstein

Brooklyn Law Review

We live in an age of information. But whether information counts as data depends on the questions we put to it. The same bit of information can constitute important data for some questions, but be irrelevant to others. And even when relevant, the same bit of data can speak to one aspect of our question while having little to say about another. Knowing what counts as data, and what it is data of, makes or breaks a data-driven approach. Yet that need for clarity sometimes gets ignored or assumed away. In this essay, I examine what counts as data in …

Bostock V. Lexmark: Is The Zone-Of-Interests Test A Canon Of Donut Holes?, Joseph S. Diedrich

University of Cincinnati Law Review

No abstract provided.

Handle With Care: Domestic Violence Safety Planning In The Age Of Data Privacy Laws, Jenny Wu

Seattle Journal of Technology, Environmental & Innovation Law

The United States has been patiently waiting for a comprehensive federal data privacy law to protect consumers. However, strong data privacy laws can also protect a less thought-about group: survivors of domestic violence and intimate partner violence. As new technology proliferates into our daily lives, technology-based abuse is quickly becoming a common form of intimate partner abuse. Domestic violence survivors and advocates have to stay extra vigilant about who has access to their internet data. Needing to understand technology-specific safety measures and learn technology-literacy skills adds more work to already overwhelmed domestic violence advocates and survivors. Could the law serve …

Lost In Space: An Exploration Of The Current Gaps In Space Law, Katherine Latimer Martinez

Seattle Journal of Technology, Environmental & Innovation Law

Since the 1960’s the international community has made huge advancements in technology and space exploration. However, since that time, the legal and regulatory system governing such advances and exploration has not matched the course. The body of law governing outer space exploration and resources has failed to keep up with advances in the industry. Individual countries, originally thought to not have spacefaring capabilities, are now major contributors to the future of space exploration, each with its own regulatory system. Furthermore, over time there has been an increase in the presence and influence of private companies over the research and development …

Freedom Of Expression V. Social Responsibility On The Internet: Vivi Down Association V. Google, Raphael Cohen-Almagor, Natalina Stamile

Seattle Journal of Technology, Environmental & Innovation Law

The aim of the article is to reflect on Google’s social responsibility by analyzing a milestone court decision, Vivi Down Association v. Google, that took place in Italy, involving the posting of an offensive video clip on Google Video. It was a landmark decision because it refuted the assertion that the Internet knows no boundaries, that the Internet transcends national laws due to its international nature, and that Internet intermediaries, such as Google, are above the law. This case shows that when the legal authorities of a given country decide to assert their jurisdiction, Internet companies need to abide by …

Gestational Surrogacy Contract Terms Under The 2017 Uniform Parentage Act, Jhonell Campbell

Child and Family Law Journal

No abstract provided.

Chimerism And Mosaicism: The Fallibility Of Dna Evidence, Robert Ellis-Liang

Child and Family Law Journal

No abstract provided.

How To End The Cycle Of Domestic Violence: Policies Focused On Children, Ashley Phillips

Child and Family Law Journal

There is an alarming amount of people who witness childhood domestic violence, and when children are exposed to domestic violence, they are subjected to a cycle of violence and trauma that exists in families for generations.1 However, society does not focus on trauma-exposed children to help break the cycle of domestic violence, even though child witnesses and victims become future abusers and prison inmates. This paper explains the cycle of domestic violence and its traumatic effects, examines the problems and limits of the law in respect to family intervention, and concludes with policy solutions focused on assisting children exposed to …

The True Detriment Of Sibling Separation Lies In The Law, Vincent Sorrentino

Child and Family Law Journal

No abstract provided.

Parental Leave In The United States: Why The United States Should Follow France In Implementing Mandatory Paid Paternal Leave, Emily Bergmann

Child and Family Law Journal

This article addresses an issue relevant to all working parents: paid parental leave. The United States is the only industrialized nation in the world to not guarantee paid leave for parents. Substantial research and studies have documented numerous benefits correlated to paid parental leave including increased workforce participation, health benefits for both children and parents, reduced gender stereotypes, and more. Unfortunately, many fathers are stigmatized when they choose to take family leave; therefore, making leave mandatory is necessary to reduce this stigma. Current paternity leave policies in the United States will be analyzed under the FMLA, individual states, and private …

Comment: Doe V. Woodard And Its Impact On The Circuit Split Surrounding Social Workers’ Inspections Of Suspected Victims Of Child Abuse, Mary Kate Workman

Child and Family Law Journal

No abstract provided.

The Current State Of Students’ Fourth Amendment Rights: How Implicit Bias Goes Unchecked In A Subjective Framework, Christian Williams

Child and Family Law Journal

No abstract provided.

Child Entertainers And Their Limited Protections: A Call For An Interstate Compact, Tabetha Bennett

Child and Family Law Journal

No abstract provided.

The Grass Is Greener Somewhere: Protecting Privacy Rights Of Medical Cannabis Patients In The Workplace, Benjamin West

Chicago-Kent Law Review

No abstract provided.

تقرير عن ندوة طرائق التدريس في الشريعة والقانون- د. خليفة بابكر الحسن

UAEU Law Journal

تقرير عن ندوة طرائق التدريس في الشريعة والقانون

ملخص للندوات والمحاضرات - تلخيص الدكتور/ خليفة بابكر الحسن

UAEU Law Journal

حفل العام الدراسي الجامعي 1407/1408هـ الموافق 1987/1988 بأنشطة علمية وفكرية مكثفة أسهمت بها الكلية في إطار احتفالات الجامعة بمرور عشر سنوات على إنشائها. وقد تمثلت تلك الأنشطة في ندوات قدمتها الكلية داخل الحرم الجامعي وأخرى قدمتها لمجتمع دولة الإمارات العربية المتحدة خارج الحرم الجامعي.

وقد اخترنا لهذا العدد- من بين تلك الأنشطة ندوتين احداهما تمثل النشاط الداخلي ، وأخرى تعكس النشاط الخارجي .

Bukhari's Classifications & Biographies, Prof. Taquiuddin Nadwi

UAEU Law Journal

Bukhari, the Imam and forefront Hadith scholar, has left for the Muslims an exquisitely sound book, second to t h e Holy Quran only. His Sahi h was accepted by the Muslims like no other book. Bukhari collected in his book the Hadiths of Prophet Muhammad whenever he found that Hadith compatible with his term s of sound ness. His classi­fication of Hadith falls into chapters on Fiqh forming the principles of Islamic jurisprudence, backed with biographies of scholars in the field. Therefore, we find it useful to present a brief survey of Bukhari's biographies to help in the understanding …

Quays Alghaib 'Ala Ash-Shahidقياس الغائب على الشاهد

UAEU Law Journal

The aim of this paper is to give a critical exposition of a special type of analogical inference used by the Mutakalimun (i..e . Muslim thrologists of medivial times) , called " Qjyas al-Gha jb 'ala ash ­ .s..b..ahiQ ". The origin of this analogical inference in the basic Islamic sources (i..e the Qur'an and Sunnah) is indicated. Then its relationship to the Aristotelian analogy is discussed first, before going on to give the opinions of al-Farabi, aj-Juwayni, lbn Rushd, and lbn Taymiyyah on the subject matter. The findings of this study are as follows:

The lslamicists are deeply divided …

The Term “Thinking” As Mentioned In The Holy Qur’An (An Objective Study), Mohammad Khazer Al-Majali

UAEU Law Journal

In this article we are dealing with one of those topics related to Qur’anic studies, in particular those of objective studies of certain words: how do they come in the sequence of the Qur’an, and what are their relation to the main subject of the Chapter of the Qur’an.

The term (Thinking: Tafakkur) is our subject in this study, where we have discussed how it comes in the Qur’an, what is its meaning, what is its relation to other synonyms, and why it is alone used in the sequence of some verses, and finally how do the Qur’an respect …

Book Of The Number A Formation Abi Al Qasem Yousf Bin Ali Bin Jparaha Alhzalie 403 - 465 Hegira, Ammar Ammen Al- Daddo, Mustafa Adnan Al-Ithawi

UAEU Law Journal

Remarkably, there has been an argument about the number of the Holy Quran’s verses, some descended in Mecca and others descended in Madinah and why and what they descended for. This book includes a firmly religious and scientific ground enriching the reader by the decisive evidences for confirming the number of the Holy verses and a persuasive counterattack against those who say that Sahaba kept back some verses.

In addition to the recommendation of Al-Hafiz Al Zahabi and Ibn AL Jazri, many evidences converge together to prove the truth of this religious researcher:

- His dedication to Islamic Divinity after …

Comparative Interpretation: Authentic Study

UAEU Law Journal

This paper deals with the "Comparative Interpretation "from linguistically and terminological point of view, and to explain its beginnings, stages, origins, rules and fields, that are represented in its divisions, and then to determine its scientific path to recognize the objectives of this kind of interpretation particularly its benefits and goals.

Studying And Verifying An Original Manuscript Of A Book Entitled (Assuring The Truth At The Reading Of Edigham) Written By The Great Morroccan Scholar, Ibn El-Kadi Abd Ulrahman Bin Abi El-Kasim Who Died In 1671 G- 1082 A.H. Dr. Algaili Ali Ahmed Belal

UAEU Law Journal

The research has tackled and studied an original manuscript of a book entitled (Assuring the truth at the Reading of Edigham). Written by the great Morroccan scholar, Ibn El-kadi Abd ulRahman Bin Abi El-Kasim who died in 1671 G- 1082 A.H.

The book's subject is about "Al-Idgham Al Kabeer" as explained by Abi Amr Al-BAsry. This research is written in two parts, a part for study, the other for the vertified text.

The study included the description of the manuscript, the cause of studying and verifying it, the method of study followed by the author, his references and his previous …

Allegiance In The Sunnah Of The Prophet, Zuheir Othman Ali

UAEU Law Journal

The research deals with the pledge for the former and the later scholars. I defined the pledge as: “an agreement contract between the Islamic Nation and the ruler who applies Al Sharia rules “.

I mentioned its validity in the Holy Quran, the pure Sunna and the agreement of the nation. I referred to the usage of the pledge from the versions of Islamic groups. Then I defined the places where the pledge was mentioned in the most important books of Sunna. I noticed the repetition of the most of Hadiths of the pledge inside those books. But I intended …

Investigating The Authenticity Of The Narrator On The Grounds Of His Being Close To The Ruler

UAEU Law Journal

The objective of this research is investigating the authencity of the narrator on the grounds of his being close to the ruler.

This subject has been investigated through defining its expressions, collecting many of its proverbs and views that are scattered in the books which held opposing views on the subject It has been clarified through reviewing the 40 the critics who questioned them.

On the other hand, the most important issue that has been analyzed in this research is evaluating this questioning, revealing its level, showing its sources, and appointing its position in its authenticity. As a result of …

Dr Eid Ahmad Al Husban Assistant Professor, Public Law, Legal Studies Department, College Of Islamic Jurisprudence,Al Al-Bayt University. Mafraq, Jordan Research Abstract Due To The Significance Of This Subject, And Due To Its Marginal Status In The Arabic Systems Compared To Its Central Status In The Western Constitutional Systems, This Study Sheds Light On Its Constitutional Characteristics Including Its Nature And System In Order To Ingrain It In The Arab Constitutional Mind. A Critical Analytical Study In The Interpretation Of Scholars For The Hadith Of Imams From Quraish, Odeh Abdullah

UAEU Law Journal

A critical examination of the interpretation of scholars for Hadith of the Prophet Mohammed –peace be upon him- “Imams from Quraish” (Leaders hi in Quraish), reveals that a change has occurred in the understanding of the Hadith and its implications. In the past, Quraish was powerful among the tribes and Imama (leadership) was appropriate for them because people used to follow them and to be loyal to them. However, this status began to fade and people no longer followed Quraish as before. Consequently, as the status of Quraish has shaken, the concept of the Hadith started to change in the …

Title: Secularism Between Theorem And Application

UAEU Law Journal

The great wisdom of God declares that Islam is the culmination of all religions and that his prophet and messenger Mohamed has been chosen for this religion. God saved the Quraan (which is suitable for all time and all generations) enduring forever from any changes by the characteristic of its fundamentals and basis of this religion.

The adversaries of Islam knew that the power of this religion stems from its sources which are Quraan and Sonah, and they have been trying to convert Muslims and change the Islamic laws to suit the Western laws. Their intention is to destroy the …