Digital Commons Network^™

The Impact Of Corporate Governance On The Continuity Of Family Businesses In Saudi Arabia, Saad Abdulmohsin Alrowaished

Maurer Theses and Dissertations

In small villages, in cities booming with commerce, in remote fishing communities, and massive marketplaces, in tropical destinations, and in corners of the globe few have ever visited, one is always able to find family businesses. From small wares being sold to neighbors, to huge corporations with billions in assets, families hold and always have held a segment of the global market that cannot be ignored. While family businesses have existed throughout history, legal advice and governance specifically geared toward them, which holds the success of the family business at the center of the laws, has never been a focus …

The Current System Of Resolving Insurance Disputes In Saudi Arabia: Its Weaknesses And Ways Of Developing It, Saleh Alsheha

Maurer Theses and Dissertations

Insurance industry generally revolves around financial risks, and the business of insurance companies is reliant on the resolution of claims that arise from these risks associated with insurance policies. In fact, insurance companies routinely adjust claims and provide indemnities to the insureds or beneficiaries. In some cases, however, the resolution of claims may falter, resulting in disputes that involve conflicting views between the insurer and insured on the eligibility of indemnity. Hence, this requires the existence of an effective and smooth mechanism that guarantees the end of such conflicts and protects the rights of the parties involved in insurance contracts. …

Improving Taiwan's Civil Procedure By Citizen Participation: Focusing On Expert Testimony In Public Interest Cases, Yin-Song Hsu

Maurer Theses and Dissertations

“The life of the law has not been logic; it has been experience.”

United States Supreme Court Justice Oliver Wendell Holmes, Jr's famous quotation adequately explains the institutional purpose of citizen participation in important trials. Court decisions require both logical reasoning and a practical adherence to the reality of citizens’ experiences. Currently, the Taiwanese public believes that judicial decisions are often not in line with national perceptions of law. In addition, judges’ limited social experiences often cause the public to distrust their verdicts. The life experiences of citizens can properly fill in the gaps in judicial knowledge and supplement the …

Developing A Legal Framework Governing Public University Endowments In Saudi Arabia: Lessons From The American Experience With Umifa And Upmifa, Rayan Jamal Alkhalawi

Maurer Theses and Dissertations

Saudi universities have recently started building and growing their endowments. Despite the increasing interest in university endowments, there is currently no specific legal framework that governs the area of university endowments in Saudi Arabia. The lack of a specific legal framework obstructs the advancement of university endowments. Therefore, this dissertation delineates the development and characteristics of the prevailing legal framework governing university endowments in the United States. The dissertation focuses on the development of the Uniform Management of Institutional Fund Act and the Uniform Prudent Management of Institutional Fund Act. The dissertation also uses in depth interviews with professional working …

From Standardization To Formality: Unintended Consequences Of Police Standardization Reform Of Law Enforcement In China, Lianhan Zhang

Maurer Theses and Dissertations

According to social construction theory, cases are not objective entities waiting to be discovered or revealed; they cannot exist without case-makers. Construction of a case is a subjective process of choosing, increasing, decreasing, selecting, and reshaping. Therefore, a natural gap exists between the constructed and the real world. This dissertation delves into the gap, not from the existing angle of selectiveness, but from the angle of compliance. The study uses empirical data to try to answer the following question: Since the police standardization reform of law enforcement—at least parts of them—aim at controlling the evidence-collecting process and at improving the …

Rethinking The 1948 Genocide Convention For North Korean Political Camps, Hyunmok Lee

Maurer Theses and Dissertations

The term genocide implies attacks on only four groups – national, racial, ethnic and religious – enumerated in Article II of the Convention on the Prevention and Punishment of the Crime of Genocide. In terms of protection of political group, severe political persecutions targeting a certain political group would not establish a successful genocide charge in courts and international courts have rendered judgements applying crimes against humanity to such atrocities. However, it is important to consider the possibility of protecting political groups regarding the victims in the North Korean political camps were selected on political grounds and their groupness is …

Public/Private Distinction In Islamic Jurisprudence: Reflection On Islamic Constitutionalism, Faris F. Almalki

Maurer Theses and Dissertations

The study seeks to attract scholars' attention to the importance of normative theory in the process of constitutionalism in the Islamic world. The study argues that Islamic jurisprudence requires a state or a public authority to ensure the conformity of outward with Islamic norms. Accordingly, the preservation of Islamic norms is a central value controlling the dynamics of public/private distinction. Thus, the central value determines the meaning of limited government, and the study argues this central value in constitutional level defines people's liberties. Then, the study discusses the effect of the Islamic normative theory on the liberal-Islamic model of constitutionalism. …

Gender Equality Menace Under Liberia Domestic Relations Law, Yah-Yeplah Dolo-Barbu

Maurer Theses and Dissertations

Like most Africa countries, Liberia has a dual legal system, that is, the customary and statutory. Cultural and traditional practices influence some of the laws. Laws in both legal systems discriminate against women in overt ways, especially laws that deal with the private sphere, such as marriage, divorce, custody, domestic violence, property, legitimacy, and inheritance. This dissertation seeks to identify inequality in the Liberian Domestic Relation laws that arise from facially discriminatory laws, facially neutral laws and omissions in the law. It also posits that the court’s role in interpreting these issues has been inadequate, and the legislature is reluctant …

A Comparative Study Of The Law Of Dismissal In The U.S. And China, Zhenxing Ke

Maurer Theses and Dissertations

The Labor Law in China, enacted in 1994, was the first statute in China to stipulate dismissal protections. The Employment Contract Law, a more recent law that went into effect in January 2008, strengthened Chinese dismissal protections. For example, in the summary termination about the misconduct, this law only allows six instances for termination, and if a misconduct committed by an employee is not covered in these six instances, it is hard for an employer to discharge this employee legally.

In contrast, America has a more flexible employment law. In America, the doctrine of dismissal is dominated by the …

Potential Regulatory Systems For Carbon Capture And Sequestration (Ccs): Legal Analysis Of The Current And Future Regulatory Systems And Recommendations For Acceptance In South Korea, Moonsook Park

Maurer Theses and Dissertations

The purpose of this dissertation is to create legal and regulatory systems for Carbon Capture and Sequestration (CCS), based on demonstrating rationales of this technology. This dissertation analyzes whether or not existing international and domestic (including the United States, Australia, China, and South Korea) laws could cover potential legal issues. After exploring desirable directions for addressing key legal issues regarding CCS, this dissertation ultimately aims to set up a legal and regulatory framework for CCS in South Korea.

Specifically, permits, environmental impact assessments, liability, and property rights issues are of common importance, which are priority areas to establish well. In …

An Empirical Study Of China's Change-Of-Venue System In Anti-Corruption Litigation: Implications For Anti-Corruption Reform, Jinting Deng

Maurer Theses and Dissertations

Presenting the first empirical study of the change-of-venue (COV) system in Chinese corruption cases, this dissertation assesses the role of the COV system in China’s anti-corruption campaign. Although COV is routinely triggered in Chinese corruption cases, COV remains understudied and poorly understood. Scholars, judges, and practitioners expected that the COV system would increase sentences by removing defendants from the jurisdictions of local judges where they would benefit from bias and cronyism. However, this dissertation’s empirical findings – from an analysis of over 800 corruption cases in Beijing – indicate that, after accounting for other variables, sentences for corruption did not …

Enhancing The Parliament Capacity To Hold Government Accountable In Kurdistan Region, Zardasht Khalid Mohammed

Maurer Theses and Dissertations

The current structures and draft structures grant the party leaders and the Executive undue power over the Parliament in two ways. First, by virtue of constitutional design, the Executive and the party leader’s hegemony reduce the Parliament’s capacity to act as a check on the Executive. Second, there are contextual factors correlated with political will in using available accountability mechanisms which locate beyond the design factors and they have nexus with effectiveness of the Parliament. In the other words, the contextual factor such as electoral system, party discipline, and party formations impact on the will of the parliament in holding …

Everything That's New Is Old Again: The Impact Of Egypt's Political Culture On The Rule Of Law And Democracy, Hesham Genidy

Maurer Theses and Dissertations

No abstract provided.

An Analysis Of Patent System And Antitrust Law Issues In Oled Display Industry: Focusing On The Patent Strategy For Securing Technologies And Materials, Meyoung Ju Joung

Maurer Theses and Dissertations

This dissertation presents an analysis of patent system and antitrust law issue in OLED (Organic Light Emitting Diode) display industry focusing on the patent strategy for securing technologies and materials. Material patent holders of multinational companies wielding great market power in OLED industry have pursued a variety of strategic patenting including combination inventions and broadly claimed inventions to maintain their competitive position by extension of the market exclusively beyond the legitimate scope initially granted by the patent within the current regulatory framework. Recently, their questionable patents have been challenged through patent invalidation trials brought by prospective infringers, claiming that the …

The Applicability Of The Crime Of Aggression To Armed Conflicts Involving Quasi-States, Hyeyoung Lee

Maurer Theses and Dissertations

The crime of aggression, as defined in the Rome Statute of the International Criminal Court, is only applicable to inter-state armed conflicts. There is, however, a gray area when an armed conflict erupts in the territory of a recognized state and initially looks like civil war, but has international elements such as the involvement of a quasi-state whose status and rights are disputed in international law. Resolving the issue of whether the crime of aggression is applicable to disputes involving quasi-states is important because (1) there are many quasi-states throughout Europe, Asia, and Africa; and (2) quasi-states are a …

Neither A Pedestal Nor A Cage: In Pursuit Of Genuine Gender Equality In The Philippine Workplace, Emily Sanchez Salcedo

Maurer Theses and Dissertations

For seven straight years since 2006, the Philippines ranked among the top ten countries in the World Economic Forum’s Global Gender Gap Index that rates countries based on their ability to close the gender gap in four fundamental categories, to wit: economic participation and opportunity, educational attainment, health and survival, and political empowerment. At eighth place, the country leads the rest of Asia and proudly shares the top spot in educational attainment and health and survival while managing to land in the top twenty in terms of economic participation and opportunity and political empowerment. While these rankings warm the …