Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network™

Open Access. Powered by Scholars. Published by Universities.®

Law

Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 931 - 960 of 362330

Full-Text Articles in Entire DC Network

What’S Past Is Prologue: Prior Convictions As Evidence Of Dangerousness In State V. Romero, Alexander Guel-James Jun 2026

What’S Past Is Prologue: Prior Convictions As Evidence Of Dangerousness In State V. Romero, Alexander Guel-James

New Mexico Law Review

State v. Romero marked the first time the New Mexico Court of Appeals considered whether a New Mexico law disarming every person with a state felony conviction was unconstitutional under the Second Amendment. The court upheld the law, but only to the extent that it disarmed dangerous felons. The court found that the appellant was dangerous because he was previously convicted of dangerous crimes. This note questions whether prior convictions alone are sufficient to prove dangerousness. Criminal justice data and constitutional theory caution against dangerousness findings based on criminal history alone. Courts should determine dangerousness under the disarmament law using …


Into The Black Hole: Private Prison Contractors And The Inspection Of Public Records Act, August M. Ryan Jun 2026

Into The Black Hole: Private Prison Contractors And The Inspection Of Public Records Act, August M. Ryan

New Mexico Law Review

The New Mexico Inspection of Public Records Act (IPRA) is a powerful mechanism for government transparency. Although private companies that contract with state agencies are subject to IPRA, the New Mexico Corrections Department and its contractors continually flout their IPRA obligations. Newsome v. Centurion Correctional Healthcare highlights a tension between IPRA’s robust enforcement provisions and its practical application to government contractors. The Newsome opinion, in denying access to records that should have been disclosed, struggles to articulate how public bodies, contractors, and designated records custodians interact under IPRA. This comment proposes an ordered, step-by-step approach to the custodian problem, seeking …


From The Common Heritage Of Mankind To The Artemis Accords: The Perspective Of Developing Countries In Southeast Asia, Ridha Aditya Nugraha, Lalin Kovudhikulrungsri, Runggu Prilia Ardes, Rio Christiawan Jun 2026

From The Common Heritage Of Mankind To The Artemis Accords: The Perspective Of Developing Countries In Southeast Asia, Ridha Aditya Nugraha, Lalin Kovudhikulrungsri, Runggu Prilia Ardes, Rio Christiawan

Indonesian Journal of International Law

The Agreement Governing the Activities of States on the Moon and Other Celestial Bodies of 1979 enshrines that the moon as a Common Heritage of Mankind (CHM), which highlights equitable sharing. This is considered a reason why the Agreement only attracted 17 member States. In order to return to the moon by 2028, the United States arranged the Artemis Accords. This non-binding arrangement discusses the utilization of space resources and the non-appropriation principle under international space law. The Artemis Accords can be interpreted as a subsequent practice related to space law treaties. However, the accord excludes the Moon Agreement, which …


Decolonizing International Law, Modirzadeh’S Critique, And Homework For Islamic International Law Scholarship: An Attasian Approach, Fajri Matahati Muhammadin, Rafsi Azzam Hibatullah Albar Jun 2026

Decolonizing International Law, Modirzadeh’S Critique, And Homework For Islamic International Law Scholarship: An Attasian Approach, Fajri Matahati Muhammadin, Rafsi Azzam Hibatullah Albar

Indonesian Journal of International Law

Naz Khatoon Modirzadeh published an article criticizing the Third World Approaches to International Law (TWAIL) movement for its purported inability to achieve its purpose as a response to one of the major international law decolonization projects. One of her criticisms is that TWAIL lacks a cohesive counter-vision of international law, actual representation of third-world views, and organized political movements. Within the heavily diverse (which is one of the problems) TWAIL camp, among others, is the voice of Islamic law. Most Muslim nations have been at the receiving end of the brute force of colonialism. Colonialism is, in fact, responsible for …


After Ratification: How Will Indonesia Navigate The Bbnj Agreement?, Febryani Sabatira, Ria Wierma Putri, Orima Melati Davey Jun 2026

After Ratification: How Will Indonesia Navigate The Bbnj Agreement?, Febryani Sabatira, Ria Wierma Putri, Orima Melati Davey

Indonesian Journal of International Law

Indonesia’s ratification of the Agreement on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction (BBNJ Agreement) signals its entry into a new phase of ocean governance. Translating this commitment into practice requires understanding the Agreement’s scope, assessing its institutional design, and evaluating its implications for Indonesia’s marine legal framework. This paper applies a normative legal analysis and draws on international treaties, domestic laws, and policy instruments to examine the BBNJ’s four substantive pillars—marine genetic resources, area-based management tools, environmental impact assessments, and capacity building and technology transfer—and their relevance to global and national biodiversity …


Crisis Aporias In Questioning International Law’S Efficacy And Legitimacy, Swati Singh Parmar Jun 2026

Crisis Aporias In Questioning International Law’S Efficacy And Legitimacy, Swati Singh Parmar

Indonesian Journal of International Law

International law events have been sites of contestation among teachers and scholars of international law and beyond. With each unsettling international event, the international law academe faces new wine in the old bottle questions on international law efficacy based on managerial expectations of international law. Though mostly unfair and disproportionate, these questions–diffused and embodied in teaching and otherwise–weigh heavily on international law’s efficacy and legitimacy during and even beyond the temporality of such events. Before any objective and horizontal assessment of IL through crises, as international law scholars, we must try to ask ourselves a few questions. What makes a …


The Impact Of International Trade Liberalization On Oil And Gas Management Policies In Developing Countries: A Case Study Of Indonesia, Bagus Satrio Utomo, Purnomo Yusgiantoro, Suyono Thamrin, Donny Yusgiantoro Jun 2026

The Impact Of International Trade Liberalization On Oil And Gas Management Policies In Developing Countries: A Case Study Of Indonesia, Bagus Satrio Utomo, Purnomo Yusgiantoro, Suyono Thamrin, Donny Yusgiantoro

Indonesian Journal of International Law

This study aims to analyze the impact of international trade liberalization on oil and gas management policies in developing countries, with a focus on Indonesia as a case study. As a country rich in natural resources, Indonesia faces challenges in maintaining sovereignty over the management of its national oil and gas industry amidst commitments to international trade agreements such as the GATT/WTO. Through a qualitative approach and analysis of international agreement documents, national regulations, and oil and gas industry data, this study finds a significant influence of trade liberalization principles on oil and gas management policies in Indonesia. The results …


The Role Of National Recapitalization Funds In Sovereign Lending, Elena Gabriela Olariu, Konstantina Panagopoulou Perez Jun 2026

The Role Of National Recapitalization Funds In Sovereign Lending, Elena Gabriela Olariu, Konstantina Panagopoulou Perez

Journal of Financial Crises

The Global Financial Crisis of 2007–2009 showed that a substantial portion of funds borrowed by a state from a lender of last resort may be allocated to bank recapitalization. While national recapitalization funds are not themselves borrowers, they play a key role in recovery operations. This article analyses how lenders, such as the European Stability Mechanism (ESM) and the European Financial Stability Facility (EFSF), incorporate recapitalization funds into their lending framework and how they deal with extraordinary events, such as corporate transformations or liquidation of these funds. To do this, we formulate three key principles that a lender may consider …


Brief Amicus Curiae Of Administrative And Constitutional Law Professors In Support Of Petitioners, Robert Glicksman, Richard Pierce, Alan B. Morrison, Jeffrey Lubbers, Peter L. Strauss Jun 2026

Brief Amicus Curiae Of Administrative And Constitutional Law Professors In Support Of Petitioners, Robert Glicksman, Richard Pierce, Alan B. Morrison, Jeffrey Lubbers, Peter L. Strauss

Amicus Briefs & Court Filings

INTRODUCTION AND SUMMARY OF ARGUMENT: The ninety-six temporary agricultural workers employed by respondent were allowed to come to the United States solely because Congress established the program that governs their employment. As petitioners’ brief demonstrates, in order for respondent to be eligible to bring in foreign workers, it had to submit an application to the Department of Homeland Security. As part of that process, respondent had to establish that it would not employ non-citizen workers to displace domestic workers. Included in the required showing is an agreement by respondent to pay both domestic and foreign workers the same pay, so …


The Soil Crisis In Modern Food Systems: Rethinking Agricultural Land Use, Antonia Moure Richard Jun 2026

The Soil Crisis In Modern Food Systems: Rethinking Agricultural Land Use, Antonia Moure Richard

Journal of Food Law & Policy

Feeding a larger world while preserving the resource that makes agriculture possible—soil—poses a governance problem. By 2050, food systems must support 9.8 billion people even as prevailing practices continue to degrade soils that are non-renewable on human timescales. Technological fixes (e.g., vertical farming, hydroponics) may complement production, but they cannot substitute for soil at scale. The question that follows is simple: are current uses of soil compatible with the future needs of food systems? This article argues that without a shift in governance, short-run productivity gains are achieved by drawing down the soil asset, thereby undermining long-run food security and …


Closing The Gaps: Reforming Maryland Controls On Veterinary Antimicrobial Distribution, Samantha Capaldo, Kerry Mcclaughry Jun 2026

Closing The Gaps: Reforming Maryland Controls On Veterinary Antimicrobial Distribution, Samantha Capaldo, Kerry Mcclaughry

Journal of Food Law & Policy

Antimicrobials have been used in livestock and other food animals in the United States (“U.S.”) since the late 1940s. An antimicrobial is “[a]ny natural, synthetic, or semisynthetic substance that can eradicate or prevent the growth of microbes,” including “[a]ntibacterial, antifungal, antiparasitic, and antiviral medications.” Antimicrobial use in food animals is subject to a complex statutory and regulatory framework at both the state and federal levels. Antimicrobial use in food animals has been widely criticized for contributing to antimicrobial-resistant bacterial infections in humans. In response to this criticism, the U.S. Food and Drug Administration (“FDA”) and several states, including Maryland, have …


L'Impérativité Face À La Liberté De Créer Toutes Actions Dans Les Sociétés Anonymes, Joséphine Hage-Chahine Jun 2026

L'Impérativité Face À La Liberté De Créer Toutes Actions Dans Les Sociétés Anonymes, Joséphine Hage-Chahine

Proche-Orient, Études juridiques

No abstract provided.


Le Droit Au Travail Dans Les Pays Du Moyen-Orient, Georges Kadige Jun 2026

Le Droit Au Travail Dans Les Pays Du Moyen-Orient, Georges Kadige

Proche-Orient, Études juridiques

No abstract provided.


Les Actions De Préférence Émises Par Les Banques Libanaises, Aline Tanielian Jun 2026

Les Actions De Préférence Émises Par Les Banques Libanaises, Aline Tanielian

Proche-Orient, Études juridiques

No abstract provided.


Le Rôle Du Juge Constitutionnel Libanais Dans La Sauvegarde Des Droits Processuels Fondamentaux, Salim Jreissati Jun 2026

Le Rôle Du Juge Constitutionnel Libanais Dans La Sauvegarde Des Droits Processuels Fondamentaux, Salim Jreissati

Proche-Orient, Études juridiques

No abstract provided.


فهرس هجائي وتحليلي للمقالات الحقوقيّة : فهرس هجائي وتحليلي للمواضيع - الشرق الأدنى، دراسات في القانون ١٩٦٤-٢٠١٠, Nada Corbani Akl, Abla Abi Nader Jun 2026

فهرس هجائي وتحليلي للمقالات الحقوقيّة : فهرس هجائي وتحليلي للمواضيع - الشرق الأدنى، دراسات في القانون ١٩٦٤-٢٠١٠, Nada Corbani Akl, Abla Abi Nader

Proche-Orient, Études juridiques

No abstract provided.


Tables Analytiques Des Titres Et Des Auteurs : Index Des Titres - Poej 1945-2010, Nada Corbani Akl, Abla Abi Nader Jun 2026

Tables Analytiques Des Titres Et Des Auteurs : Index Des Titres - Poej 1945-2010, Nada Corbani Akl, Abla Abi Nader

Proche-Orient, Études juridiques

No abstract provided.


Tables Analytiques Des Titres Et Des Auteurs : Index Des Auteurs - Poej 1945-2010, Nada Corbani Akl, Abla Abi Nader Jun 2026

Tables Analytiques Des Titres Et Des Auteurs : Index Des Auteurs - Poej 1945-2010, Nada Corbani Akl, Abla Abi Nader

Proche-Orient, Études juridiques

No abstract provided.


Tables Analytiques Des Titres Et Des Auteurs : Index Des Matières - Poej 1945-2010, Nada Corbani Akl, Abla Abi Nader Jun 2026

Tables Analytiques Des Titres Et Des Auteurs : Index Des Matières - Poej 1945-2010, Nada Corbani Akl, Abla Abi Nader

Proche-Orient, Études juridiques

No abstract provided.


De La Forme Significative Dans Le Discours Juridique : Contribution À La Méthodologie Du Droit, Nada Kfouri Khoury Jun 2026

De La Forme Significative Dans Le Discours Juridique : Contribution À La Méthodologie Du Droit, Nada Kfouri Khoury

Proche-Orient, Études juridiques

No abstract provided.


Le Parlement Arabe, Gilbert Aoun Jun 2026

Le Parlement Arabe, Gilbert Aoun

Proche-Orient, Études juridiques

No abstract provided.


Les Testaments Consulaires, Gilbert Aoun Jun 2026

Les Testaments Consulaires, Gilbert Aoun

Proche-Orient, Études juridiques

No abstract provided.


L'Originalité Du Régime Juridique De L'Exécution Des Actes De Commerce, Georges Naffah Jun 2026

L'Originalité Du Régime Juridique De L'Exécution Des Actes De Commerce, Georges Naffah

Proche-Orient, Études juridiques

No abstract provided.


Reflections On Regional Planning: The Case Of Morocco, Ahmed Trachen Jun 2026

Reflections On Regional Planning: The Case Of Morocco, Ahmed Trachen

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

Regional planning constitutes a spatial economic policy, inseparable from spatial theories. Although space integration into economic analysis began in the last century, regional planning as an explicit policy only emerged after World War II. Today, it appears essential for all countries—whether developed (reducing regional disparities, environmental protection), centrally planned (curbing rural exodus, developing medium-sized towns), or less advanced (mobilising productive resources, reducing spatial inequalities). The author examines Morocco's specific challenges in this domain, highlighting how spatial planning policies must address the country's unique geographic, demographic, and economic characteristics to achieve balanced territorial development.


Women, Economy And Culture In Morocco, Thérèse Benjelloun Jun 2026

Women, Economy And Culture In Morocco, Thérèse Benjelloun

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

The degree of women's emancipation in any society is an irreversible indicator of its level of development—perhaps more telling than GDP or energy consumption. In Morocco, the evolution of women's economic role is intrinsically linked to broader social and cultural transformations. Though women constitute nearly half the population, they remain a political minority. Yet their social role is culturally crucial, as they primarily raise children and transmit values to future generations. The author argues that examining women's economic participation—both past and present—reveals how their position, recognised aptitudes, and limitations shape Morocco's development trajectory.


The Limits Of Consensus In The Practice Of An International Organisation: The Example Of Unesco, Abderrazak Nefzaoui Jun 2026

The Limits Of Consensus In The Practice Of An International Organisation: The Example Of Unesco, Abderrazak Nefzaoui

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

Although UNESCO’s Constitution provides for majority voting, the organisation has historically favoured consensus to preserve its moral and intellectual authority. However, consensus was formally introduced in 1976 not as an ideal but as a crisis-management tool, following divisive issues such as Israel’s regional exclusion, budget arrears, disagreements over the New International Economic Order, and internal secretariat tensions. The practice reveals that consensus, far from being a natural expression of unity, emerged from political necessity and carries inherent limits. It reflects the tension between UNESCO’s humanistic aspirations and the pragmatic constraints of member-state diplomacy.


Canada’S Contributions To International Legal Discourse: Gender, Genocide, And Neocolonial Investments (2015–2025), Heidi Matthews Jun 2026

Canada’S Contributions To International Legal Discourse: Gender, Genocide, And Neocolonial Investments (2015–2025), Heidi Matthews

Articles & Book Chapters

This chapter critically evaluates Canada’s major points of engagement with international law in the period between 2015 and 2025. In partnership with European and Commonwealth allies, Canada has been an active participant in several contentious cases at the International Court of Justice (ICJ), including against Myanmar, Syria, and Afghanistan. Canada has taken progressive legal positions in this litigation with respect to the interpretation and application of international law as it relates to sexual and gender-based crimes, as well as abuses committed against children. However, the past decade also reveals that Canada’s policy responses to its genocide and other crimes against …


Algorithmic Tax Ownership Young Ran (Christine) Kim &, Young Ran (Christine) Kim, Dmitry Erokhin Jun 2026

Algorithmic Tax Ownership Young Ran (Christine) Kim &, Young Ran (Christine) Kim, Dmitry Erokhin

BYU Law Review

Tax ownership is a crucial concept for determining tax liabilities, compliance, and enforcement. However, neither the courts nor the IRS has provided clear guidance on how to analyze it. Since the Supreme Court first outlined a twenty-six-factor test for determining tax ownership in Frank Lyon Co. v. United States in 1978, this multifactor test has remained largely unchanged, and there has been no further guidance from the courts or the IRS to this day. Even tests with shorter lists of factors only add to the confusion regarding compliance and enforcement, as there is no clarity on which factors are most …


Treatment Sentences, Evelyn Lia Malavé Jun 2026

Treatment Sentences, Evelyn Lia Malavé

BYU Law Review

One of the most common mandates of a non-incarceratory sentence is to submit to treatment. Across the criminal legal system, from problem-solving courts to probation, millions of defendants sentenced to non-incarceratory sentences—including people not diagnosed with a substance abuse disorder—are required to attend drug treatment programs. After decades of policies that criminalized drug use, non-incarceratory sentences that match people with treatment may appear to be a step forward—or at least not the most pressing problem.

But criminal law scholarship has not fully reckoned with the harms of treatment sentences, including the harms of mandated treatment itself. Analysis of treatment sentences …


Regulating Deregulation: Why States Should Preempt Mandatory Inclusionary Housing Programs, Anna Bailey Jun 2026

Regulating Deregulation: Why States Should Preempt Mandatory Inclusionary Housing Programs, Anna Bailey

BYU Law Review

Instead of easing the housing crises that exist across the country as intended, mandatory inclusionary housing programs burden development, impeding smaller projects and stunting development that in the aggregate could alleviate housing shortages. In this Note, I argue that states should preempt local governments from imposing burdensome mandatory inclusionary housing programs because they interfere with property rights and are counterproductive in their results. The Nollan-Dolan rough proportionality test requires that land-use conditions must be related to and proportional to the problem created by the land development project. The Supreme Court’s recent holding in Sheetz v. County of El Dorado clarified …