Barry University
Texas Fifth Court of Appeals
University of Richmond
Vanderbilt University Law School
Seattle University School of Law
University of Arkansas School of Law
Indiana University School of Law
University of Washington School of Law
All Souls College, University of Oxford
Electronic Currency: What It Is, Its Types - Its Effects,
2022
Associate Professor of Economics and Public Finance, College of Law, American University in the United Arab Emirates
Electronic Currency: What It Is, Its Types - Its Effects, Haitham Mohamed Harmi Sharif Dr.
مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL
Electronic money is one of the modern-day developments. It is an electronic means of transferring money from one side to another. It is widely used by many institutions. Even banks use this method. This method is very fast in transferring money, and at the same time,
As international financial markets become increasingly interconnected and international e-money rates rise, the magnitude of economic, financial and legal problems will be very large, especially on the volume of tax revenues and monetary policy. The first topic of the study presents the nature of electronic money .the second topic deals with: the legal nature ...
The Use Of Knowledge And Moral Imagination In The Common Law,
2022
Ohio Northern University
The Use Of Knowledge And Moral Imagination In The Common Law, Allen Mendenhall
Ohio Northern University Law Review
No abstract provided.
Features Of The Demise Of The Theory Of Sovereign Acts In The Field Of Judicial Review Over Enforcement Of International Treaties,
2022
Biskra university, ministry of justice
Features Of The Demise Of The Theory Of Sovereign Acts In The Field Of Judicial Review Over Enforcement Of International Treaties, Sofiane Abdelli Judge
مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL
The theory of Sovereign Acts (acts of state) is a real departure from the principle of legitimacy and the state's submission to the law. The French Council of State invented this theory only to protect its existence and competence from the government's reaction on the eve of the return of the monarchy, it was only to fortify some of its acts from its control and to courtesy the government through its rulings.
However, the orientations of the State Council in its early stages have known many transformations, especially in the area of limiting the effects of the implementation ...
Masthead & Table Of Contents,
2022
Schulich School of Law, Dalhousie University
The Flaws Of Magic Bullet Theory: Retraining Unconscionability To Discretely Target Different Contexts Of Unfairness In Contracts,
2022
University of British Columbia
The Flaws Of Magic Bullet Theory: Retraining Unconscionability To Discretely Target Different Contexts Of Unfairness In Contracts, Marcus Moore Dr.
Dalhousie Law Journal
Unconscionability has long been a troublesome area in Canadian jurisprudence. This is of significant concern given unconscionability’s pre-eminence as a protection of contractual fairness. This article elaborates a much-needed reorganization and rationalization of unconscionability in Canada. Under current law, a single doctrine hopelessly targets two divergent purposes. I set out here a proposed redevelopment rather of separate common law doctrines, each fit-for-purpose: (1) An English-style unconscionable bargains doctrine for avoiding bargains that exploited disability, and (2) an American-style unconscionable clauses doctrine to control unfair terms in standard form contracts. Extensive Canadian precedent supports this solution, assuring its feasibility and ...
Dicamba Is Gone With The Wind: The Ninth Circuit Blows Life Into Fifra In National Family Farm Coalition V. United States Environmental Protection Agency,
2022
Villanova University Charles Widger School of Law
Dicamba Is Gone With The Wind: The Ninth Circuit Blows Life Into Fifra In National Family Farm Coalition V. United States Environmental Protection Agency, Timothy Howley Keith
Villanova Environmental Law Journal
No abstract provided.
Wishing To Be Part Of That Court: How The Supreme Court's Decision In Bp P.L.C. V. Mayor Of Baltimore Lets Energy Companies Wander Free And Drown The Shore Up Above,
2022
Villanova University Charles Widger School of Law
Wishing To Be Part Of That Court: How The Supreme Court's Decision In Bp P.L.C. V. Mayor Of Baltimore Lets Energy Companies Wander Free And Drown The Shore Up Above, Natalie Poirier
Villanova Environmental Law Journal
No abstract provided.
Blocking Nature's Vulnerable Calls For Help: The Tenth Circuit Dials Into The Telecommunications Act's Federal Environmental Preemption Clause In Santa Fe Alliance V. City Of Santa Fe,
2022
Villanova University Charles Widger School of Law
Blocking Nature's Vulnerable Calls For Help: The Tenth Circuit Dials Into The Telecommunications Act's Federal Environmental Preemption Clause In Santa Fe Alliance V. City Of Santa Fe, Samantha Speiss
Villanova Environmental Law Journal
No abstract provided.
Litigation Over Public Procurement In Light Of Algerian Legislation And Judicial Precedents,
2022
Lecturer, Faculty of Law, University of Boumerdes, Algeria
Litigation Over Public Procurement In Light Of Algerian Legislation And Judicial Precedents, Dr. Ahcene Rabhi
مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL
The flexibility and dynamism of the substantive dimensions of public tenders have been reflected by the large legal provisions enacted by the Algerian legislature in order to control disputes concerning this type of administrative contracts. This has been initially divided according to a threefold approach, which takes into account the adaptation of administrative proceedings and their types, and finally the legal solutions applied to adjudicating them. However, despite the considerable attraction of this legislative position, it was quickly and widely criticized for the large gaps it left, resulting in the "embarrassment" of the administrative judiciary in many legal problems. This ...
The Issue Of Intent In The Saudi Capital Financial Market Law,
2022
Assistant Professor in Law, Chairman of Islamic & Arabic Department, College of General Studies King Fahd University of Petroleum and Minerals
The Issue Of Intent In The Saudi Capital Financial Market Law, Dr. Ramy Abdulaziz Saleh Alshebl
مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL
This study tries to analyze the issue of intention required to constitute a criminal offense in the Saudi Capital Market from the Legislative stand of point and from the way the court, which is a committee for resolution on securities disputes, construes the law. Capital Market crimes are a type of economic crime, which have distinct features than ordinary crimes in the way they are conducted, tools used, residues it keeps after the crime ending by the court procedure. The study tried to define the intention element, which might be referred to as Men’s Rea, in economic crimes from ...
Contract Law Casebook Research Spreadsheet,
2022
Western University
Contract Law Casebook Research Spreadsheet, Raza M. Husnain
Undergraduate Student Research Internships Conference
This is a spreadsheet with case law and legal articles & commentaries that pertain to updates, interesting discussions, and critiques of Canadian contract law since 2017. This was done for the purpose of updating the Cases and Materials on Contract Law casebook used for first-year Western Law students. The focus of the research is on the Canadian context, but international sources, particularly those from commonwealth nations, are drawn from as well.
Litigation Over Public Procurement In Light Of Algerian Legislation And Judicial Precedents,
2022
Lecturer, Faculty of Law, University of Boumerdes, Algeria
Litigation Over Public Procurement In Light Of Algerian Legislation And Judicial Precedents, Dr. Ahcene Rabhi
UAEU Law Journal
L’ampleur des amendements et des modifications apportées aux textes législatifs régissant les marchés publics, avec tout ce qu’elles ont entrainé comme insuffisances et vides juridiques récurrents, est révélatrice de l’impuissance du législateur algérien à mettre en place un dispositif juridique capable de trancher des litiges soulevés par cette catégorie de contrats administratifs. En effet, du point de vue de la forme, le système appliqué présente des carences en matière de procédure concernant les règles et les conditions d’introduction d’une action en justice qui ont pu être combler par référence à certaines dispositions du code de ...
An Exploration Of The Wide-Reaching Effects Of The Repeal Of Roe V. Wade On Women's Access To Abortion,
2022
Portland State University
An Exploration Of The Wide-Reaching Effects Of The Repeal Of Roe V. Wade On Women's Access To Abortion, Mitchell J. Foster
University Honors Theses
Since 1973, the federal government, through the Supreme Court of the United States, has acted to protect, the rights of women in their ability to choose to have an abortion without excessive governmental restriction. This thesis analyzes how and why access to abortion will shift in the face of the Supreme Court's overturning of Roe v. Wade (1973), likely to occur this June. This thesis begins with an in-depth description of how and why abortion became illegal, how and why abortion became legal, and how the opposition has developed against legal abortion. Through the last few decades, though especially ...
Private Search And Seizure: The Constitutionality Of Anton Piller Orders In Canada,
2022
McGill University
Private Search And Seizure: The Constitutionality Of Anton Piller Orders In Canada, Dimitros Valkanas
Dalhousie Law Journal
This paper examines the constitutionality of the Anton Piller order in Canadian law. First, the paper examines whether Anton Piller orders overall are unconstitutional through three major avenues of attack: (i) Charter challenges; (ii) the ultra vires doctrine; and (iii) the principle of natural justice, audi alteram partem. Afterwards, in the event that no challenge against Anton Piller orders broadly would succeed, the paper examines whether their uniquely Canadian variant known as a “rolling” or “John (or Jane) Doe” Anton Piller orders could be challenged, looking at both Charter and non-Charter challenges. Finally, this paper proposes the imposition of additional ...
Employee Noncompetition Laws And Practices: A Massachusetts Paradigm Shift Goes National,
2022
Burns & Levinson, LLP
Employee Noncompetition Laws And Practices: A Massachusetts Paradigm Shift Goes National, Jerry Cohen, Karen Breda, Thomas J. Carey Jr.
Boston College Law School Faculty Papers
After 10 years of legislative gestation, the Great and General Court passed, and Governor Charlie Baker signed, the Massachusetts Noncompetition Agreement Act (“MNAA” or “Act”), G.L. c. 149, § 24L added by St. 2018, c. 228, § 21, effective prospectively only (§ 71) for agreements entered into on or after Oct. 1, 2018. The Act dramatically reduces the number of Massachusetts employees who can be subjected to an enforceable noncompetition agreement, and even when such agreements are permitted, employees are afforded stronger substantive and procedural protections than in the past, while employers are limited to substantially reduced post-employment restrictions. The Act represents ...
Masthead & Table Of Contents,
2022
Schulich School of Law, Dalhousie University
If The Government Says So, It Must Be Right: An Analysis On The Impact Of Government Issued Force Majeure Certificates,
2022
University of Miami School of Law
If The Government Says So, It Must Be Right: An Analysis On The Impact Of Government Issued Force Majeure Certificates, Verónica Orantes
University of Miami Inter-American Law Review
In March 2020, the world came to a halt with the beginning of the Covid–19 pandemic. The pandemic’s worldwide im-pact resulted in endless business transactions becoming im-possible or impracticable to perform. The China Council for the Promotion of International Trade issued force majeure certificates for its national business parties to excuse their performance under cross–border transactions. This note explores how the excuses for the performance of a contract work under Common Law and Civil Law systems and how each system would react to the parties invoking force majeure under a force majeure certificate issued by a government ...
A Tipping Point In Ohio: The Primacy Model As A Path To A Consistent Application Of Judicial Federalism,
2022
University of Cincinnati College of Law
A Tipping Point In Ohio: The Primacy Model As A Path To A Consistent Application Of Judicial Federalism, The Honorable Pierre Bergeron
University of Cincinnati Law Review
No abstract provided.
Rights Of The Management Concerning The Letter Of Guarantee,
2022
College of Sharia and Islamic Studies - University of Qassim- KSA
Rights Of The Management Concerning The Letter Of Guarantee, Dr. Mohamed Farouk Mohammed
UAEU Law Journal
The notion of the letter of guarantee emerged as one of the alternative forms for the financial deposit to safeguard the administrative contract. The aim of such a notion was to protect the party to a contract from the harm of having portions of his or her capital idle. Letters of the guarantee are either interim to make sure the contract party is committed or final to make sure the performance of contract terms is perfect. It may also be an installment paid in advance to ensure perfect performance. A fourth type is the letter of guarantee for equipment or ...
Unjust(Ified) Enrichment,
2022
Singapore Management University
Unjust(Ified) Enrichment, Adeline Chong, Jan Lüttringhaus
Research Collection Yong Pung How School Of Law
Under Roman law it was considered ‘ a fundamental principle of natural justice that no one ought unjustly to enrich himself at the expense of another ’ . This principle pervades the common law, though seeing it as a discrete area of law was much more belated. The concept, role and scope of unjust(ified) enrichment vary across different legal systems, even within those with the same legal tradition. This chapter analyses unjust enrichment claims from the perspective of both the common law and civil law. It discusses the substantive laws on unjust enrichment (section II), jurisdiction (section III) and applicable law (section ...
