Law Commons^™

Financial Security Mechanisms To Cover Biodiversity Damage Resulting From The Use Of Genetically Modified Organisms, Michael Faure, Minzhen Jiang

Emory International Law Review

No abstract provided.

Legitimate Exercises Of The Police Power Or Compensable Takings: Courts May Recognize Private Property Rights, Terence J. Centner

Journal of Food Law & Policy

Under their police power, governments regulate nuisances and take actions in emergency situations. For protecting humans, animals, and plants from diseases and other pests (jointly referred to as diseases), governments order inoculations, quarantine items and people, and seize and destroy property.' With respect to plants and animals, the United States Secretary of Agriculture is authorized to prohibit the importation and movement of items than may be infested. The Secretary also has the authority to hold, treat, and destroy items to prevent the dissemination of plant and animal pests. State governments take additional actions to

The Legal Protection Of Trade Marks

UAEU Law Journal

The owner of a trade mark has an exclusive right to use it for marking out his goods or services. Any offence against this right is punishable with imprisonment, fine or both. In addition, the judge may decide the counterfeiting and seizure of goods or instruments used in perpetrating the offence. In fact, offences relating to trade marks may take the form of falsifying a trade mark , falsely applying a trade mark, selling goods or possessing or offering for sale goods falsely marked, falsely representing a t rad e mark registered .... etc. Besides the criminal action, an aggrieved …

Objective Conditions For Stay Of Execution Of Administrative Decisions In The French State Council's Decisions And Jordanian High Court Of Justice: A Comparative Study, Musa Shehada

UAEU Law Journal

The purpose of this research is to analyze the required objective conditions to accept the application to stay the execution of administrative decisions objected for cancellation in the judgement of the French State Council and Jordanian High court of justice. This study concludes that the stay of execution can't exist except in face of final administrative decisions and there should be an interest for the objector and irreparable damage in case of execution of the decision and the application for stay of execution should stand on serious reasons.

In conclusion the study invites the Jordanian Administrative Judge to specify the …

Option Of Blemish In Jordanian Civil Law-, Yassin Mohammed Aljubouri

UAEU Law Journal

Concluding a contract of sale needs availability of many elements and conditions. The contract may be regarded as a valid and legal contract.

Nevertheless the sale contract may be existed but it existence may mixed with many defects in the object of the contract (the sold thing) which reflects injury and damage on the purchaser,s interest.Therefore the purchaser is granted a choice of defect (khiyar al-ayb) and the contract is considered to him as ghayr lazim (not-binding) which gives him the right to rescind the contract. Morever, this option, (the khiyar) may coincide with the concept of liability for concealed …

Compensation For Medical Malpractice According To Sharia Rules.

UAEU Law Journal

Medicine is a collective duty by practice and learning, and this might stipulate thereon as any permission job. The cure is either allowable or a bit due , and becomes duty if there was a damage when we left it. Insurance the spoiled caused by the doctor to the patient`sbody during the treatment has different rules according to the doctor situation and job circumstances, and we can classify prerequisites of this guarantee and behoove him to five degrees inception by the most Insurance one:

- Intentional action requires Kisas (punishment)] if he killed the patient by his treatment, he must …

Preemption According To Islamic Jurisprudence, The Uae Transactions Law And, The Jordanian Law: A Comparative Study, Mohammad Mahmoud Abu Lail

UAEU Law Journal

Islamic jurisprudence has dealt in-depth with the concept of Preemption. Preemption is derived from an established Islamic jurisprudentialmax that: damage is to be removed either by compensation or restitution.

The research aims at investigating and analyzing the concept of Preemption in Islamic jurisprudence, UAE Transaction Law and, Jordanian Law. It focuses on the following issues: definition of Preemption, its legitimacy, its nature and, attempts to expose various legal doctrines regarding Preemption

Maritime Collision Under Uae Maritime Law A Comparative Study, A Hassan M

UAEU Law Journal

Despite the vastness of the seas and oceans, and in spite of the technical developments in marine navigation, many maritime collisions among ships and tankers occur. These collisions may be due to various reasons such as the enormous size of modern tankers and ships as well as the high navigation speeds they travel at. However, in our opinion, human error is the main reason behind such collisions.

The result of maritime collisions maybe fatal and may cause enormous financial loss, and in the case of petrol tanker collisions enormous beach and sea pollution maybe the result. Such maritime collisions may …

Compensation For The Damage Resulting From Preventive Detention When There Is Evidence Of The Suspect's Innocence: A Comparative Study, Tail Mahmoud Aref

UAEU Law Journal

This study sheds light on the idea of Compensation for the damage resulting from preventive detention of a suspect against whom a decision has been issued to bring a criminal lawsuit or issue acquittal. The researcher has examined and reviewed the relevant legal texts of the French, Jordanian and Emirati legislations to clarify the concept of 'preventive detention along with its legitimacy, and introduce the general rules of torts and the conditions of compensation. This study, also, examines the extent to which a suspect may claim compensation against preventive detention, along with the legal reasoning behind it. The research findings …

Compensation For Material Damage Resulting From Assault On Life In Islamic Jurisprudence (Fiqh) And The Applicable Emirati Law, Mahmoud Majid Al-Kubaissi

UAEU Law Journal

Original damage, namely the damage pertaining to location of damage (injury), such in terms of assault with a weapon leading to death, or amputation of one of his bodily parts (limbs), or wounding him/her, or incapacitates one of his bodily organs (limbs), or causes its disfiguration.

The material subsidiary damage: the damage consequent upon the original damage, such as: sustaining damage from a serious wound, which incapacitates him/her from work throughout the period of treatment.

When the blood money prescribed by the Legislator is not mandatory, and punishment is not necessitated (Qissas in Arabic Language) it may be observed …

Class Action As Means For Consumer Protection In The French Law And The Extent Of Its Application In The Jordanian Law, Alaa Khasawneh, Maha Khasawneh

UAEU Law Journal

This study examines the class- action as a modern means of protection of consumer rights against unlawful acts of the professionals that lead to injury for a good number of consumers in the same damage or with similar damages issued by the same professional, the victims affected by these damages have the possibility of obtaining total compensation which will be shared among consumers members of the group, this study focus on the issue of the introduction of this action in the legal system of Jordan after a review of the most important models, whether in united States of America legislations …

Recent Trends In The Civil Liability Of Physicians And Its Consequences On Heightening Their Professional Obligations, Benseghir Mourad

UAEU Law Journal

Medical responsibility has developed rapidly due to scientific progress and modern medical discoveries. This has been reflected physicians’ practice and their involvement in medical interventions through the legal aspects of medicine and its scientific principles towards their patients. These factors have piled up to give us a new direction in the path of medical responsibility aimed primarily at balancing and protecting the interests of doctors and patients.

This study deals with a very important and precise issue, as it relates to the essence and the basis of the profession of human medicine, namely, the tendency to gradually tighten professional physicians' …

Cross-Jurisdictional Analysis Of Damage Awards In Copyright Infringement Cases, Ioana Vasiu, Lucian Vasiu

Journal of Intellectual Property Law

Copyright infringement is a widespread phenomenon that produces massive financial losses to stakeholders. Based on an extensive examination of damage awards in copyright infringement cases from the United States, Canada, Singapore, and Italy, this article proposes a comprehensive cross-jurisdictional analysis. The analysis regards types, factors, methodologies, and arguments. This article's findings can be used to adjust the provisions regarding damage awards, to improve the litigation of such cases, to elaborate educational materials, for professional programs or law school clinics, and to develop better prevention policies. The proposed improvements could lead to a more unified approach to damage awards, increase the …

Covid-19 Business Interruption Insurance Losses: The Cases For And Against Coverage, Christopher French

Journal Articles

The financial consequences of the government-ordered shutdowns of businesses across America to mitigate the COVID-19 health crisis are enormous. Estimates indicate that small businesses have lost $255 to $431 billion per month and more than 44 million workers have been laid off. When businesses have requested reimbursement of their business interruption losses from their insurers under business interruption policies, their insurers have denied the claims. The insurance industry also has announced that business interruption policies do not cover pandemic losses, so they intend to fight COVID-19 claims “tooth and nail.” More than 450 lawsuits throughout the country already have been …

Law Library Blog (November 2019): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

The Imperfect But Necessary Lawsuit: Why Suing State Judges Is Necessary To Ensure That Statutes Creating A Private Cause Of Action Are Constitutional, Stephen N. Scaife

University of Richmond Law Review

No abstract provided.

Application Of Law By The Maritime Arbitration Commission In Settling Disputes, Sergei N. Lebedev

Georgia Journal of International & Comparative Law

No abstract provided.

The Skeleton Of A Data Breach: The Ethical And Legal Concerns, Hilary G. Buttrick, Jason Davidson, Richard J. Mcgowan

Richmond Journal of Law & Technology

After over thirty data breaches spanning the third and fourth quarter of 2012, Forbes magazine labeled the summer of 2012 as “The Summer of the Data Breach.” Four years later, businesses across multiple industries have suffered brand-image damage and paid millions of dollars in remedial expenses; we are living in the era of the mega breach. In 2014, companies such as Target, Home Depot, JP Morgan Chase, Anthem, Sony, UPS, Jimmy John’s, Kmart, Neiman Marcus, Community Health Systems, and the White House suffered data breaches. The Home Depot breach alone resulted in the loss of “56 million credit card accounts,” …

Marine Law Symposium: Legal And Policy Approaches To Reduce Marine Debris In New England 11/04/2016, Roger Wiliams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Colorado Acequia Handbook: Water Rights And Governance Guide For Colorado's Acequias, Jens Jensen, Peter D. Nichols, Ryan Golten, Sarah Krakoff, Sarah Parmar, Karl Kumli, Jesse Heibel, Blake Busse, Karoline Garren, Julia Guarino, Megan Gutwein, Cori Hach, Melissa S. Jensen, Shannon Liston, Gunnar Paulsen, Nate Miller, John R. Sherman, Dan Weiss, Michael Weissman, Emily Neiley, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, Gates Family Foundation, Rocky Mountain Mineral Law Foundation, Sangre De Cristo National Heritage Area, Sangre De Cristo Acequia Association, Colorado Open Lands

Books, Reports, and Studies

51 pages (includes 1 color map)

Introduction -- Definitions -- Water rights -- Change of water right -- Transfers of water rights -- Water sharing agreements -- Losing your water rights ("use it or lose it") -- Preventing the transfer of water out of the acequia -- Conservation easements -- Governing the acequia -- Assessments -- Easements -- Enforcement -- Tort liability -- Water quality -- The Rio Grande Compact -- Main government water entities -- Where can an acequia get legal assistance? -- Appendix I. Water rights : frequently asked questions -- Appendix II. Acequia bylaws : frequently asked …

Protecting Cultural Property In Non-International Armed Conflicts: Syria And Iraq, Louise Arimatsu, Mohbuba Choudhury

International Law Studies

The deliberate destruction by ISIS of religious and cultural property in both Syria and Iraq sparked widespread international condemnation and was described by UNESCO’s Director-General as constituting war crimes. Regrettably, the damage to and destruction of such property has become an all too common feature of the conflicts that have engulfed both States. The authors examine the legal obligations that apply to the parties in non-international armed conflict and the consequences of non-compliance. In light of the scale of the human suffering engendered by the conflicts, the authors first ask why international law protects such property in armed conflict.

Say Sorry And Save: A Practical Argument For A Greater Role For Apologies In Medical Malpractice Law, Matthew Pillsbury

University of Massachusetts Law Review

This article examines both the potential benefits and detriments of the use of an apology in a legal setting. This article uses the specific environment surrounding a medical malpractice case to help illustrate how and why an apology should or should not be proffered by the Defendant. Ultimately, the reader of this article should have a solid understanding of how an apology can be admissible as evidence in the litigation of a medical malpractice lawsuit.

Shellfish Contamination: Reducing The Necessity For Scientific Evidence In Natural Resource Damages Under The Comprehensive Environmental Response, Compensation, And Liability Act, Matthew J. Koes

University of Massachusetts Law Review

It is indisputable that shellfish contamination creates a negative impact on the economy, poses a serious risk to human health, and has a harmful effect on the fragile coastal ecosystems. However, the litigation designed to redress the harmful effects of shellfish contamination produces uncounted difficulties. Although a general public policy of preventing pollution has led Congress to enact and revise CERCLA, the application of such a statute has proven to be uncertain due to the enormous amount of discretion given to the trial courts in deciding admissibility of scientific evidence and testimony of experts. A CERLA natural resource damage action …

Should Neither Wind Nor Rain Nor Hurricane Keep Victims From Recovery? Examining The Tort And Insurance Systems’ Ability To Compensate Hurricane Victims, Kathleen A. Zink

Fordham Law Review

Large-scale natural disasters, such as hurricanes, wreak tremendous havoc, causing billions of dollars in damages. Those who suffer serious damage may turn to their insurance providers or the tort system for compensation. But, both the tort and insurance systems present serious limitations to a hurricane victim’s recovery. This Note analyzes the goals and criticisms of these two systems to determine which compensates hurricane victims best. In light of its analysis, this Note ultimately concludes that neither system satisfactorily compensates victims. Yet, tort could play some role in hurricane-related damage. Tort law could effectively deter negligent behavior by imposing liability on …

Slides: Colorado Law: Protecting Water Quantity And Quality, Alan E. Curtis

Monitoring and Protecting Groundwater During Oil and Gas Development (November 26)

Presenter: Alan E. Curtis, White & Jankowski, LLP

23 slides

Natural Resource Damages Under Cercla: The Emerging Champion Of Environmental Enforcement , Patrick Thomas Michael Iii

Pepperdine Law Review

No abstract provided.

Exposure, Manifestation Of Loss, Injury-In-Fact, Continuous Trigger: The Insurance Coverage Quagmire , Nicolas R. Andrea

Pepperdine Law Review

No abstract provided.

Can We Fix The Damage Caused By Workplace Bullying?, Diana J. Kelly

Faculty of Law, Humanities and the Arts - Papers (Archive)

For more than a decade I have been researching aspects of workplace bullying – that widespread and scurrilous set of activities where those in power (about 75% of perpetrators are managers and supervisors) attack, demean, demand or destroy their subordinates.

It occurs often enough that it is deemed costly, although academic assessments of employees experiencing bullying vary from 5% to over 50% in the last year.

Workplace bullying is not new – Dickens offers some excellent examples of bullying, but it has become more widespread and more insidious in recent decades – perhaps reflecting changes in management practices and managerial …

High Speed Flight At Low Altitude: Hazard To Commercial Aviation ?, Paul F. Eschenfelder , Capt.

Paul F. Eschenfelder

Commercial aircraft are capable of, and in fact, do, operate at high speed (>250 knots indicated airspeed [KIAS]) at low altitude (below 10,000’ above ground level) worldwide. Design, construction and certification standards for these aircraft were developed over 40 years ago. Since the development of these standards populations of large flocking birds have increased dramatically in many parts of the world. Yet neither design/construction standards nor operational practice have changed to reflect the new threat. Subsequent serious damage resulting from recent collisions indicates change is necessary. Since 2003, flight rules in Canada and the United States have been amended, …

White Mountain Apache Tribe Water Rights Quantification Act Of 2010, United States 111th Congress

Native American Water Rights Settlement Project

Federal Legislation: Claims Settlement Act of 2010, TITLE III—White Mountain Apache Tribe Water Rights Quantification, PL111-291| 124 Stat 3064, 3073 (Dec. 8, 2010). Parties: White Mountain Apache Tribe, US, AZ. The Act ratifies, authorizes, and confirms the WMAT Water Rights Quantification settlement; authorizes the DOI Secretary to execute the and take all necessary action; to authorize appropriations; and, to permanently resolve certain damages and water rights in the general adjudication of the Gila River System and Little CO River System. The provides for: 1) environmental compliance; 2) tribal water rights; 3) CAP reallocation; 4) tribal leasing, distributing, exchanging or allocation …