Digital Commons Network^™

An Essay On The Definition Of The Ship (Maritime Law, Law Of The Sea), Mohamed Dhimni

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

Public international maritime law and the law of the sea provide no uniform definition of the 'ship', a lacuna left unresolved by the 1958 Geneva Conventions and the 1982 Montego Bay Convention. This study surveys three sources - legal doctrine, national legislation and international conventions - to identify the constitutive criteria of the vessel. The author shows that, despite considerable terminological confusion arising from the proliferation of new craft (hovercraft, hydrofoils, floating platforms, automated and submersible engines), doctrine and most legal texts converge on aptitude for maritime navigation as the essential criterion. After examining how comparative legislation and successive conventions …

The Constitutional Foundations Of The Moroccan Administration, Mohamed Achargui

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This article analyzes how the Moroccan Constitution distributes administrative powers among the constitutional authorities and defines the bodies that make up the active and consultative administration. In a first part, the author studies the allocation of administrative competences between the legislative and regulatory (executive) powers, showing — through the case law of the Constitutional Chamber of the Supreme Court — that the current constitution broadened the regulatory domain regarding public institutions, local authorities, public service, and the civil service, while the legislature retains essential matters such as fundamental guarantees for civil servants. A second part identifies the administrative authorities proper: …

Signal And Substance: Why Methodological Sophistication Fails To Guarantee Inference, Aamir Rashid, Rizwana Rasheed

Publications and Research

Despite increasing analytical sophistication, empirical research in organization studies continues to suffer from fragile inference, uneven theoretical accumulation, and contested credibility. This paper seeks to explain why these problems persist by shifting attention from authors’ methodological choices to the evaluative dynamics of peer review. Adopting a conceptual and theory-analytic approach, the paper theorizes peer review as an inferential gatekeeping system. Drawing on research design, theory evaluation, and philosophy-of-science literatures, this study develops an analytical framework to examine how evaluative routines shape what constitutes empirical rigor during the review process. The analysis identifies five recurring reviewer blind spots: inferential scope inflation, …

Digital Communication And Corporate E-Reputation In Morocco: Insights From A Case Study, Adil Cherkaoui, Ilham Boughaba, Yasmina Bennis Bennani, Sabah Khaoua

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This article explores the impact of digital communication on the e-reputation of a Moroccan company. Its primary objective is to examine the complex dynamics and challenges associated with digital communication in order to strengthen online visibility and enhance customer engagement. The findings reveal that the company's current digital practices remain at an early stage of development and that significant efforts are required to improve its digital presence and reinforce customer engagement. In particular, the company should adopt a more proactive approach to managing customer feedback and strategically leverage online reviews to enhance its reputation. Furthermore, implementing market segmentation and personalized …

The Holy Trinity: Religion Clauses And Education Funding On The Roberts Court, Philip T.K. Daniel, Jeffrey C. Sun

ConLawNOW

The Supreme Court’s trinity of education subsidy cases have created an emergent pattern in education funding cases that extend much further than just emphasizing rules of neutrality and accommodation. These also potentially harm minoritized perspectives and identities by moving far beyond historic doctrinal groundings of separation of church and state. In three key cases all authored by Chief Justice Roberts, Trinity Lutheran Church of Columbia, Inc. v. Comer (2017),  Espinoza v. Montana Department of Revenue (2020), and Carson v. Makin (2022), the Court in this “Holy Trinity” of decisions moved from a theory of benevolent neutrality to policy abdication, relinquishing …

Book Review: Justice Breyer's Problematic Pragmatism, Mark S. Kende

ConLawNOW

Courts often face difficult questions of statutory interpretation and constitutional interpretation. Various judges take different approaches. This essay reviews the book, Reading the Constitution, Why I Chose Pragmatism Not Textualism, authored by former U.S. Supreme Court Justice Stephen Breyer, who used methods that were often in the Court minority. Justice Breyer argued in favor of relying on purpose in federal statutory interpretation cases, and in favor of pragmatic balancing in federal constitutional cases. He was anti-formalistic and therefore generally opposed to textualism or originalism. The essay argues that this trade publication, intended for a general audience, has strengths and …

أخبار الكويت القانونية, الكويت

Proche-Orient, Études juridiques

No abstract provided.

Le Contentieux Administratif En Mauritanie : Évolutions Et Enjeux, Ahmed Ould Bouboutt

Proche-Orient, Études juridiques

No abstract provided.

Thierry Bonneau, Droit Bancaire, Montchrestien, 5e Éd., 2003, Poej

Proche-Orient, Études juridiques

No abstract provided.

Toward A Private Law Of Intimates' Obligations, Emily J. Stolzenberg

Faculty Publications

When former cohabitants ask courts to distribute property at the end of a nonmarital relationship, they usually lose—even when the partners were as economically intertwined as spouses. Family law scholars have traditionally criticized these cases in terms of longstanding gendered ideas about family relationships. This Article proposes a complementary account at the intersection of feminist and private law theory: that the law of voluntary obligations is not adequately developed to protect intimates’ cooperation. Although marital status law aims to safeguard thick cooperation between spouses and contract law captures a range of more market-based cooperation, for historically contingent reasons, little doctrine …

When Law Watches Democracy Die: The Legal Farce Of Venezuela's 2024 Election And The Paralysis Of International Law Enforcement And Unity, Madeline Covington

International Law Journal

The 2024 Venezuelan presidential election illustrates how authoritarian regimes can undermine democracy while preserving the appearance of constitutional governance. This Article examines the historical and legal developments that culminated in the contested election, analyzes violations of Venezuela's domestic electoral framework and international legal obligations, and evaluates the international response, including sanctions, diplomatic pressure, and multilateral action. It argues that Venezuela exposes a fundamental weakness in international law: although global institutions strongly endorse democratic governance, they lack effective enforcement mechanisms to respond to electoral authoritarianism. The Article concludes by proposing institutional reforms to strengthen international accountability and protect democratic integrity.

Universal Jurisdiction And The Principle Of Subsidiarity, Michael P. Scharf, Elise Manchester, Pilar Sofia Corso

International Law Journal

In an effort to render universal jurisdiction more palatable, in recent years States have applied the so-called subsidiarity principle. Under this principle, States exercising universal jurisdiction defer prosecution of international crimes to a State which has a stronger connection to the case, normally the State where the crimes were committed or the State of nationality of the accused, provided one of those States is able and willing to pursue the case. Through a study of the statutes and caselaw of States applying universal jurisdiction, this Article seeks to discern whether subsidiarity is merely a non-binding political concept, an emerging (or …

Perpetual Statehood Among Rising Tides: The Case Of Tuvalu And The Future Of Statehood, Sovereignty, And Maritime Bounds In The Face Of Unprecedented Climate Crisis, Caroline Crawford

International Law Journal

As climate change threatens the physical existence of low-lying island nations, the question of whether a country can retain statehood without territory becomes increasingly urgent. Tuvalu, facing potential submersion by 2050, has amended its constitution to declare perpetual statehood, challenging traditional international legal definitions that link sovereignty to physical territory. This Article examines the legal implications of Tuvalu’s declaration and explores whether current frameworks, including the Montevideo Convention, selfgovernance, the presumption of continuity, the Lotus principle, and the United Nations Convention on the Law of the Sea (“UNCLOS”), can accommodate such a claim. It advocates for legal innovations such as …

قانون رقم ٦٦٤: وسيط الجمهورية, Poej

Proche-Orient, Études juridiques

No abstract provided.

اختصاص المجلس الأعلى في محاكمة رئيس الوزراء والوزراء في التشريعين اللبناني والفرنسي, دريد بشراوي

Proche-Orient, Études juridiques

No abstract provided.

Perbuatan Melawan Hukum Penanggung Akibat Pembatalan Sepihak Perjanjian Asuransi Jiwa: Studi Putusan-Putusan Pengadilan, Chelsea Putri Kezia Aruan, Togi Marolop Pradana Pangaribuan

Lex Patrimonium

Life insurance contracts are reciprocal agreements based on the principle of utmost good faith, binding insurers and insured parties to perform their contractual obligations. In practice, insurers often unilaterally cancel life insurance policies, particularly at the claim stage, causing legal uncertainty and financial loss to policyholders or beneficiaries. This study aims to examine whether unilateral cancellation of life insurance contracts by insurers constitutes an unlawful act under Indonesian civil law and to analyze judicial considerations in resolving such disputes. This research employs a normative juridical method using statutory, conceptual, and case approaches through the analysis of legislation, legal doctrines, and …

Studi Kasus Penetapan Nomor 234/Pdt.P/2025/Pn Ptk Mengenai Pengakuan Anak Oleh Ibu Setelah Ayah Dari Anak Meninggal Dunia, Rahma Qyrana Suherto, Endah Hartati

Lex Patrimonium

The legal status of children born out of wedlock constitutes a significant issue in Indonesian family law. In Indonesia, the recognition of children is regulated through various statutory provisions, including the Civil Code, the Marriage Law, and regulations in the field of population administration, which collectively govern the requirements, procedures, and legal consequences of the recognition of children born out of wedlock. The legal issues examined in this study focus on two main aspects: first, whether the prevailing laws and regulations in Indonesia concerning the recognition of children have adequately accommodated the best interests of the child; and second, whether …

Analisis Perbuatan Melawan Hukum Oleh Direksi Dalam Pengelolaan Keuangan Perseroan Berdasarkan Prinsip Business Judgment Rule (Studi Putusan No. 915 K/Pdt/2017)*, Reynaldi Aditama Rizki

Lex Patrimonium

The Board of Directors, as a corporate organ, holds full authority and responsibility for

the management and administration of the company’s business activities, including the

management of corporate finances; therefore, every policy decision taken may give rise

to legal consequences if it causes losses to the company or other parties. Corporate law

recognizes the Business Judgment Rule as a form of legal protection for Directors with

respect to business decisions made in good faith, with due care, and based on adequate

information; however, this principle is not absolute and cannot be invoked to justify

unlawful conduct. This research aims to …

Penguasaan Tanpa Dasar Hak Atas Bangunan Milik Orang Lain Sebagai Bentuk Perbuatan Melawan Hukum (Studi Putusan Mahkamah Agung Nomor 651 K/Pdt/2020), Helena Ginting, Abdul Salam

Lex Patrimonium

Disputes over the possession of buildings often originate from preliminary sale and purchase agreements that fail to result in a lawful transfer of rights. Legal issues arise when a down payment sale agreement is declared null and void due to the buyer’s failure to fulfill payment obligations, while physical possession of the seller’s property is continuously maintained without a valid legal basis. This article aims to analyze the legal standing of down payment sale agreements in relation to the transfer of rights over land and buildings, the status of possession following the nullification of the agreement, and the legal qualification …

Perbuatan Melawan Hukum Dan Hilangnya Hak Kepemilikan Atas Tanah:Studi Putusan No.712/Pdt.G/2022/Pn.Tng, Muhammad Haikal Keitaro Akuan

Lex Patrimonium

This paper provides an explanation and analysis related to the concept of unlawful acts in civil law as found in Article 1365 of the Civil Code, and existing doctrines and jurisprudence, especially related to the application carried out by the judge in decision number 712/Pdt.G/2022/PN/Tng. This paper was compiled using a doctrinal research method. In the concept of unlawful acts in civil law which is based on Article 1365 of the Civil Code. In practice, especially in decision number 712/Pdt.G/2022/PN/Tng, it turns out that the judge applies the elements of the unlawful act implicitly. In unlawful acts there is also …

The Final Payroll: Human Resources, Meet Machine Resources, Sarah Yee

Student Journal of Information Privacy Law

As artificial intelligence (AI) becomes increasingly embedded in employment practices, particularly in hiring and screening, the need for robust regulatory frameworks is urgent. This Article focuses on the growing use of AI in workplace decision-making, highlighting the risks of algorithmic bias and discrimination. It argues that while the United States lacks a unified legal approach to governing AI in employment, the European Union (EU) has taken a more proactive and comprehensive stance. Through instruments like the proposed EU AI Act and existing data protection laws such as the General Data Protection Regulation (GDPR), the EU imposes meaningful obligations on employers …

The Structural Problem With Real-Time Crime Centers, Holly Merclich

Student Journal of Information Privacy Law

Since the terror attacks of September 11, 2001, the government has become fixated with public safety, oftentimes at the expense of individual privacy. The surveillance state expanded after this in the early 2000s, and the country’s first Real Time Crime Centers were born. Real Time Crime Centers are hubs where different technologies and information are fused and aggregated into one easy to use space. Data outputs from automated license plate readers, closed circuit television, and various law enforcement databases are aggregated into one single pane of glass view to achieve higher rates of case closures and increase the efficiency of …

Blurred Lines: How Mandatory Arbitration Clauses In Termsof Service Agreements Undermine Privacy Law Frameworks, Owen Curnin

Student Journal of Information Privacy Law

Following the birth of the Federal Arbitration Act–which made arbitration agreements valid, enforceable, and irrevocable in courts of law–mandatory arbitration clause use in commercial, consumer, and employment contracts exploded. These types of clauses require parties to submit all disputes arising out of or related to a contract to an impartial third party. This third party, known as the arbitrator, reviews the facts, listens to the parties’ arguments, and makes a final, binding decision resolving the dispute. Corporations have long relied on mandatory arbitration clauses to resolve disputes privately and confidentially, often hoping to avoid the public scrutiny and accountability associated …

A Framework For The Use Of Facial Recognition Technology In Policing: Is Your Face Equivalent To Your Ip Address?, Amirah Farooq

Student Journal of Information Privacy Law

This paper argues that police use of facial recognition technology constitutes a “search” within the meaning of section 8 of the Canadian Charter of Rights and Freedoms and therefore requires prior judicial authorization. Part A provides the background for this argument and begins with a case study of Clearview AI to establish the regulatory gap in Canadian AI legislation. Part B develops this argument by relying on the rules of evidence, the Charter, and analogies drawn from current case law. Part C addresses counterarguments. Part D concludes with a summary of the proposed framework and emphasizes the importance of a …

Foreword, Caroline Aiello

Student Journal of Information Privacy Law

Foreword

Resiliency Planning And The Reorganization Of Legal Authority In Rural Maine, Nicholas F. Jacobs, Skylar Thielbar

Maine Law Review

Resiliency has become a dominant and largely unchallenged organizing principle of contemporary state-local governance in Maine, particularly as it affects rural towns and communities dependent on extractive industries. This Article argues that resiliency planning is not merely a policy orientation, but a distinct form of legal authority, which operates through an administrative structure that is closed off to normal channels of political accountability and judicial review. Focusing on Maine, the Article shows how statewide resiliency planning reallocates authority across state and local institutions, shaping fiscal access and territorial development without triggering the doctrinal safeguards of public law. Rural governance, where …

Betschart V. Oregon: A Seven-Day Standard For Maine, Henry Gates

Maine Law Review

Maine lacks a clear standard for ensuring the right to counsel for indigent defendants. The State’s public defense system is struggling to meet Maine’s constitutional mandate: To provide indigent defense services in rural areas and across the state. An aging bar with few new attorneys working in rural areas—where there are often higher relative prosecution rates and a corresponding increased need for legal services—is contributing to the problem. This has resulted in a legal system that negatively impacts rural communities and indigent defendants to the point that one court concluded the state is violating the Sixth Amendment. Following the Ninth …

One Year's Seeding: Looking Back On The Last Seven Years Of Maine's Progress Toward Rural Justice, Christopher Northrop, Seth Main

Maine Law Review

Nationally, the crisis in access to legal services in rural areas continues to grow despite significant attention and efforts to reverse this troubling trend. This Article explores Maine’s efforts to address our legal deserts. The Article’s starting point is a retrospective look at our 2019 national symposium on rural justice and accompanying Maine Law Review issue. We will try to measure successes and failures, while also addressing the significant impact caused by the intervening pandemic. The Article will then shift to an analysis of the current landscape, focusing on the role of the University of Maine School of Law. We …

The Other Right To Counsel: The Civil Guarantee In State Constitutions, Dmitry Bam

Maine Law Review

When most people speak of the right to counsel, they speak in the singular. After the Supreme Court’s seminal decision in Gideon v. Wainwright, the right to counsel in criminal prosecutions has become one of our most cherished fundamental rights. It is a right ingrained in our culture. Even children can recite the mantra that the accused have the right to a lawyer, and if they can’t afford a lawyer, one will be provided to them free of charge. It is no surprise, then, that our constitutional focus is trained on the criminal defendant’s right to counsel. After all, there …

Legal Deserts Over Time, Cory L. Dodds

Maine Law Review

Legal deserts—counties with exceptionally low attorney availability—shape housing stability, personal safety, health outcomes, and economic security in rural communities. Yet, national scholarship has not yet determined whether attorney scarcity is transient or durable and relies largely on cross-sectional snapshots and population-based headcounts benchmarked to the American Bar Association’s (ABA) threshold of one attorney per 1,000 residents. These measures can obscure temporal dynamics, overstate functional supply, and embed contested normative assumptions about adequacy. This Article offers a national, longitudinal, and definition-sensitive analysis of legal deserts using county-level data from the forty-eight contiguous states at three observation points. Attorney supply is measured …