Law Commons^™

How General Data Protection Regulation Advances And Harmonizes The International Controller, Processor And Data Subject Contracts, Azam Zarechahoki

Theses and Dissertations

In the technology and digital era, data is used daily by all businesses including insurance companies, banks, and social media sites. Many companies are involved in processing individuals’ data and data could easily be transferred from one website to another which might be in another country. In fact, there are no borders in cyberspace. Generally, personal data refers to any information relating to individuals including name, address, and credit card numbers. In the cyber environment, it is challenging for people to take control of their personal information and avoid being tracked online. Data protection law is the safeguard to protect …

Cities Of God Under Occupation: Settler Colonial Practices And Pacification In The Favelas Of Rio De Janeiro And The Occupied Palestinian Territories, Amanda Pimenta Da Silva

Theses and Dissertations

The 2002 film ‘City of God’ tells an anecdotal story of violence in the favelas of Rio de Janeiro, and is a reminder that the societies we tend to take for granted can actually be a luxury. The film portrays the daily life of the peripheries of Rio and its relation with drug trafficking, crime, and poverty, and how it has deteriorated into a war zone so dangerous that anyone risk being shot to death. Thousands of miles away from the Brazilian slums there is another so-called city of God, or the city chosen by God to be the home’s …

The Apostrophic Impasse: Diacritical Remarks On The Stories Of International Law, Legal Decolonial Genealogy And Antony Anghie’S Historiography, Britt L.A.Q. (Haadiya) Hendrix

Theses and Dissertations

The (hi)stories of international law have strengthened the tentacles of coloniality in the legal regime as they continue to taunt the precarious lifeworlds of people, our planet and social imaginaries of an otherwise. The flow of coloniality has similarly rematerialized in decolonial legal theories and the postcolonial historiographical accounts of international law. I intend to demonstrate this colonial revival in the groundbreaking text of Antony Anghie Imperialism, Sovereignty and the Creation of International Law (2005) which challenged the (hi)stories of traditional jurisprudence. The latter was not necessarily a rejection nor negation of Western thought, because I argue that postcolonial historiography …

Legal Characterization Of The Challenges Faced By The Construction Industry During Covid-19 And Devaluation Of The Egyptian Pound, Riham Abuzaid

Theses and Dissertations

With all the challenges this past decade has inflicted on the economy on a global scale, Egypt had its share with two major events, starting with the Egyptian pound devaluation against the U.S dollar in 2016 and currently the emergence of the COVID-19 pandemic. These major events instigated the interference of the legal/contractual sectors in the construction market to find solutions that range from agreeable to stringent to protect the assets of their beneficiaries.

Both events are impactful and require extensive analysis to determine and classify each situation. This thesis addresses the implementation of standard internationally acknowledged legislative acts used …

Nudging Users Towards Data Privacy, Ossama Hanafy

Theses and Dissertations

The internet challenges users' privacy in unpreceded ways. Technology companies collect massive amounts of data from online users. They use algorithms that can track and analyze each activity by each user. Even though many users worry about their online privacy, they keep revealing more personal data. This study explores the causes behind online privacy erosion. While tech companies and governments aim to achieve economic and political goals, users are motivated by social motives. Online Privacy erosion leads to many harms to individuals and societies while collecting, processing, and disseminating data. Moreover, this study argues that the current legal approaches, especially …

The Violence In Our Humanity: Principles, Action, And The Erosion Of State Sovereignty, Rasheed Idou

Theses and Dissertations

The past two decades have witnessed an increasing number of armed conflicts, both inter- and intra-nationally, and an even more increasing number of multilateral military interventions without UN Security Council authorization. Central to the discussion of these interventions are the themes of humanitarianism and state sovereignty. The aim of this thesis is to investigate the relationship between humanitarian imperatives and principles of sovereignty within the context of armed conflict to better understand the tensions that have led to the current global outcomes. In so doing, it identifies how humanitarian principles, imperatives, and actions have affected the contemporary conception of state …

Inconsistency Crisis And Reformative Proposals Of Investor-State Arbitration System- Umbrella Clauses Considered, Abdallah Elsayed

Theses and Dissertations

The main purpose of investment treaties is to provide guarantees and protections for the investors in order to maintain the flow of foreign direct investment. As a consequence, when disputed, an adjudicator confronts a dilemma of figuring out the actual intention that the parties consented to. As for umbrella clauses are concerned, an interpreter falls into a loop to attain whether the parties consented to prioritize investor’s interest and elevate any contractual breach to the level of a treaty breach, or to consider the state’s regulatory power. The root could be traced to the interpretation process itself. Human conduct differs …

Appointing And Training Judges In Egypt And Comparative Systems, Moataz Muhammad Al-Saghir Aidaros

Theses and Dissertations

The topic of the paper is very important, as it comes up at a time when the Egyptians have come to a point that reforming Egypt’s justice system is a hopeless case. This is due to the outdated and inefficient way of thinking and performing in the judiciary. Thus the goal of this paper is to make an intellectual contribution to a sustainable reform program of the Egyptian judiciary and namely the systems of judicial appointment and judicial training using their roles as agents of progress and development. This aspiring research argues that the Higher Council of Judicial Entities and …

The Construction And Defense Of Artistic Authorship In Contemporary Copyright Disputes, Sophie Bell

Theses and Dissertations

Through the lens of three contemporary copyright infringement cases, this thesis examines topics in the field of art law, each grounded in the recent history of art and its controversies, in order to illuminate the unique set of legal conditions shaping contemporary artmaking, sale, and exhibition in the United States.

Zinā In The Criminal Legislation Act (1999-2000): An Evaluation Of The Implication For Muslim Women's Right In Nigeria, Paul Orerhime Akpomie

Theses and Dissertations

The research engages in an exploration of human rights in Islam. Human rights issues are then contrasted with international law positions. The data gotten is then used for investigating women’s human rights issues in Shariʾa penal tradition regarding zinā (adultery) in Nigeria. The re-emergence of Sharia penal codes adopted by 12 Northern states in Nigeria in 1999 as an operative Islamic law has sparked concerns about rulings amounting to stoning to death in several cases of zinā. These events raised concerns about Shariʾa penal traditions’ legality and relationship with other legal traditions operational in Nigeria, a secular political space. …

Cybercrimes And The Rule Of Law In West-Africa: The Republic Of Cote D’Ivoire As A Case-Study., John N. Adu

Theses and Dissertations

Since becoming independent nations in the 60s, West-African countries have enacted laws and regulations with the goals of ensuring peace and justice within their respective borders. On the paper, there was no difference between the justice systems of those newly independent nations and the justice systems of their former masters.

Unfortunately, the rule of law in West-African nations since gaining independence, has not always been followed for a myriad of social, cultural, political, and economic reasons. Most justice systems in West-Africa including in Cote d’Ivoire are deeply corrupted, thus rendering the goal of a peaceful society through a fair justice …

Transnational Bankruptcy Under International Law: Making A Case For Establishing A Unified System, Yanjun Zhao

Theses and Dissertations

In recent years, there has been a rapid increase in transnational bankruptcy cases around the world. Taking the United States as an example, from 2005 to June 30, 2020, the U.S. bankruptcy court has accepted 1488 procedural cases under Chapter 15 of the U.S. bankruptcy Code. “Cross-border bankruptcy cases filed in the U.S. under chapter 15 of the Bankruptcy Code on behalf of foreign businesses doubled during 2020 and are on pace to set another record-breaking year in 2021 (with more than 123 filings in the first half of the year alone). Foreign debtors are increasingly looking to chapter 15 …

Engineering Change Orders In Space Programs: "What Are The Odds?", Aaron Noel D. Santos

Theses and Dissertations

There has been little empirical evidence and vague official guidance published to inform the Department of Defense (DOD) acquisition community on the cost growth effects of engineering change orders (ECO) on their programs. The information is especially scarce when it comes to understanding those effects in space programs. Utilizing previous research to our advantage, we explore factors that may explain ECO-related cost growth including program size, acquisition phase, the number of modifications to a contract, contract type, and specific space commodity assets. Using non-parametric analysis, contingency tables, and odds ratio tests, these were found to be significant factors (except acquisition …

Salvaging Value From The Measure Of "Requirements Volatility" In The Dod's Software Resources Data Report (Srdr), Robert T. Walker

Theses and Dissertations

The DoD and the software development industry as a whole has long dwelt over the idea of requirements volatility (RV). The DoD has toiled with this concept so much so that its guidance was modified four times over a 13 year span. In these changes, its policy completely transformed the what, how, and when regarding RV information. As a result, the volatility data it has received is quite varied and seemingly useless for anything more than anecdotal analysis. This study takes several approaches to salvage value from this data. It begins with a survey of the uncertain concept of volatility, …

“No Masses Without Muslims’ Approval” The Crisis Of Building And Restoring Churches In Egypt: Three Case Studies From El-Minya Governorate, Sara Shaltout

Theses and Dissertations

This thesis examined the crisis of building and renovating churches in Egypt in the light of the Church-state relation. I focused on three case studies in the El-Minya governorate that includes the largest Christian concentration in the Middle East to shed light on the existing difficulties that face Christians there regarding building a house of worship. The first case study, "church No 1", was demolished due to political conflict between Islamists and the state after the Rabaa massacre in 2013. In comparison, church No 2 asserts that Muslims' approval is a prerequisite for Christians' prayers. In addition to church No …

The Immutability Of Personal Status Law, Leena Soliman

Theses and Dissertations

Personal Status laws in Egypt were first coded in 1920 and were slightly amended throughout time. They were based on religious texts, and hence, are treated as words and teachings of God. Thus, the amendments that were developed throughout history were a result of different interpretations. Throughout the twentieth century, personal status laws in Egypt were enacted by the Egyptian state to build marriage as a more permanent bond as intended by traditional Islamic jurisprudence. Providing women with more marital rights, including more grounds for judicial divorce, was believed to strengthen the marital bond. This paper will trace the insight …

The Legal And Regulatory Aspect Of International Cybercrime And Cybersecurity: Limits And Challenges, Nnesochi Nweze-Iloekwe

Theses and Dissertations

The development of the internet and digital technologies represent a major opportunity for humanity in transforming businesses and providing new tools for everyday communication. Internet users are spending increasing amounts of time online and undertaking a greater range of online and social networking activities. However, just like a double edged sword, the internet also presents opportunities to cybercrimes in the Information society. The nature of some ‘traditional’ crime types has been transformed by the use of computers and other information communications technology (ICT) in terms of its scale and reach, with risks extending to many aspects of social life, such …

Omar Effendi Vs. Union Fenosa: Corruption As A Transnational Public Policy Consideration, Ahmed Badr Eldin

Theses and Dissertations

At the beginning of 2011, Egypt witnessed radical political developments that led to the emergence of a pressing tendency to adjudicate the collapsed regime’s policies and practices. Shortly thereafter, the Egyptian State Council issued a number of judicial decisions that confirmed that the sale of the privatized governmental enterprises had been tainted by corruption. Crucially, the Court maintained that flagrant breach of law, regulations, and administrative orders that encompassed these transactions created serious suspicions about corruption committed by public officials and investors. It concluded that the existence of corruption, as a transnational public policy consideration, had deprived foreign investors of …

Good Governance And Civil Service Reform In Egypt, Ahmed Atef Labib

Theses and Dissertations

Governments in different states and even different governments within the same state may pursue different goals. To achieve their goals they apply administrative reforms, including civil service reforms, to adjust the government for achieving the intended goals. Pursuing different goals entails applying different administrative reforms. In the 2000s, the World Bank and the International Monetary Fund (IMF) suggested the Egyptian government, through loan conditionality, an administrative and civil service reform to promote economic growth based on their concept of good governance. In this paper, I argue that the suggested reform does not target economic growth but targets debt repayment. To …

The Judicialization Of Mega-Politics In Egypt’S Administrative Courts: Insight Into The Rulings Of The Egyptian State Council (2000-2020), Ahmed Kamal Bastawisy

Theses and Dissertations

The interrelationship between law, courts and politics has always been complex and multidimensional. The role and political significance of courts are prominent dimensions of this interrelationship. Over the past decades, there has been global expansion of judicial power, in parallel with the proliferation of modern constitutionalism principles. One of the fundamental manifestations of this trend is the judicialization of politics- the reliance on courts for addressing pivotal social, economic, moral and political controversies and public policy questions. This phenomenon manifests profound transfer of power from representative institutions, mainly legislatures and executives, to judiciaries. Political importance of courts expanded, in scope, …

Internally Displaced Persons & Covid-19 Under International Law, Bezawit G. Abebe

Theses and Dissertations

The issue of Internally Displaced Persons (IDP) has been overshadowed by global attention on those who flee across an international border, recognized as refugees. In most cases, the only difference between IDPs and refugees is crossing an international border. This research examines the plight of (IDPs) from the perspective of international law and the additional vulnerabilities the Covid 19 pandemic brought them. The rapid growth of IDPs due to wars and disasters is concerning. Furthermore, the challenges for these already vulnerable IDPs are exacerbated by the Covid-19 global pandemic. The authority to regulate IDPs and their rights is left to …

Police Officer Attitudes About The Importance Of External Procedural Justice, David Borchardt

Theses and Dissertations

External procedural justice has been found to have a relationship with cooperation, compliance, and police legitimacy. Extant methods to increase external procedural justice during police-citizen interactions have been met with mixed results. Fair policing from the inside out proposes that organizationally just treatment of officers will lead to external procedural justice during encounters between officers and citizens. Police organizational justice, comprised of the dimensions of distributive justice, procedural justice, interpersonal justice, and informational justice, has been found to have a relationship with external procedural justice, however, the majority of research has been conducted using overseas samples. The minority of work …

Misled Youth, Mark Tan

Theses and Dissertations

I’m a first-generation Canadian who was born and raised in Toronto, Ontario by Asian immigrants. I have migrated to the United States and lived here for 7 years. Through my work, I express the emotional value of preconceived notions, disconnectedness, and longing in search of finding place and acceptance within a community. Drawing from memory, personal narrative, emotion, and perception, I manipulate data into lines, forms, and materials through a subjective human experience from the lens of a non-citizen. By projecting the migration movement of my family lineage from China and the Philippines to Canada as well as my path …

The Civil Right To Belong: A Case Study On Immigrant Integration Of Muslim Students In Educational Institutions, Mamoona H. Siddiqui

Theses and Dissertations

Constitutional equal protection values serve as social integration policies for new Americans and generations that follow. They promise equal opportunity, fair treatment, protection from unlawful discrimination, and freedom to preserve cultural identities in their new communities. However, in times of national security crises and political polarization, the disjuncture in the way equal protection doctrines have been historically implemented often reflect deep-rooted inequities that impact underrepresented communities. American Muslims are one such community in which members have experienced anti-Muslim and anti-immigrant sentiment particularly after 9/11 and political polarization on immigration and civil rights policies. The study explores the equal protection doctrine …

Spectrum Of Shit, Hannah Hiaasen

Theses and Dissertations

Contending with the loss of a parent to a mass shooting in their workplace, a newsroom, I find myself suspended in time, in an office. Post-its, fans, button-ups, snow globes, clipboards, reporters notebooks, scrap paper, jot downs, keyboards hold me up. I crave the comfort of repetitive cumulative hand work. Quilting, weaving, and cutting away help me breathe, haptically process and memorialize these grieving objects, this grieving person. Weed-wacking towards intimacy, my work employs a range of materials to mourn the mundanity of a workday, fantasize transformative justice, and steward embodied grief to the surface. My only speed is slow-- …