Digital Commons Network^™

The Integration Of New Employees In An Uncertain And Complex Environment: A Renewed Approach To The Mentoring Process, Kaoutar Razzaq, Rhita Serir

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

In today's VUCA (Volatility, Uncertainty, Complexity, and Ambiguity) organizational environment, characterized by uncertainty, complexity, and rapid transformation, traditional onboarding mechanisms are no longer sufficient to effectively and sustainably support the integration of new employees. This article examines mentoring as a strategic lever for organizational socialization, knowledge transfer, and competency development among new recruits. Particular attention is given to the role of senior mentors, whose experience and expertise facilitate newcomers' assimilation of organizational norms, practices, and expectations while preserving institutional knowledge. The study argues that the effectiveness of the mentoring process relies on the integration of two complementary dimensions: a formal …

Public Administration 2.0: How Artificial Intelligence And Digitalization Are Reinventing Public Services, Raja Temnati

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

The rapid advancement of digital technologies and Artificial Intelligence (AI) is profoundly transforming public administrations, offering unprecedented opportunities to enhance the management, efficiency, and transparency of public services. AI enables the automation of administrative processes, the personalization of public services, and improved access to government resources for citizens. However, this digital transformation also presents significant challenges, particularly in terms of data security, infrastructure management, and digital inclusion. This article draws on case studies conducted in Niger, Quebec, Morocco, France, and Algeria, revealing contrasting outcomes. In some contexts, digitalization has improved access to public services, reduced administrative processing times, and strengthened …

Market Response Time And Performance: The Case Of Exporting Smes, Kamar Abaaoukide

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

Performance remains one of the most widely debated concepts in management sciences, with no universal consensus regarding its definition, determinants, or measurement. Nevertheless, it remains a fundamental criterion for evaluating business success. This study examines the influence of market response time on organizational performance. The empirical investigation was conducted through case studies of two exporting SMEs operating in the textile industry, a sector characterized by intense international competition. The findings highlight the strategic importance of rapid market responsiveness as a key driver of competitiveness and organizational performance in export-oriented businesses.

The Impact Of Big Social Data On Optimizing The Marketing Strategies Of Moroccan Companies: Opportunities And Challenges, Leila Kissi, Hasna Benomar

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

With the rapid growth of social media and the increasing volume of data generated online, Moroccan companies face both significant opportunities and major challenges in leveraging Big Social Data. This exploratory study aims to examine the extent to which Moroccan companies integrate Big Social Data into their marketing strategies while identifying the opportunities they derive from its use and the obstacles they encounter. The findings reveal that, despite maintaining an active presence on social media platforms, the exploitation of Big Social Data remains limited, primarily due to technological complexity and a shortage of specialized skills. In response to these constraints, …

Customer Experience At The Heart Of The Moroccan Banking Revolution, Raja Temnati

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

This article examines customer satisfaction with Moroccan banks, particularly in the context of the growing digitalization of banking services. Based on a qualitative survey, it identifies the key factors influencing customer satisfaction, including the performance of online services, the speed of request processing, and the quality of interactions with bank advisors. The findings show that banks offering seamless and secure digital services while maintaining high-quality in-branch customer support achieve higher levels of customer satisfaction, loyalty, and corporate image. Conversely, banks with limited online services, high perceived fees, and inadequate branch service generate greater customer dissatisfaction. The study highlights the importance …

The University In Support Of Small Businesses Through The Recognition Of Entrepreneurs' Professional Experience (Rape) Framework, Mostafa Kharbachi

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

This article proposes a framework designed for entrepreneurs who previously operated in the informal sector before formalizing their businesses but who are unable, due to the limited age of their legal enterprises, to qualify for public or private procurement opportunities, as is the case for many micro-enterprises and self-employed entrepreneurs in Morocco. The proposed incentive mechanism, entitled the Recognition of Entrepreneurs' Professional Experience (RAPE), is also intended to support informal micro-enterprises wishing to transition into the formal economy through coaching and professional assistance. The paper presents the principles of this framework, whose implementation requires collaboration between public institutions, private organizations, …

Brand Content: A Strategic Lever For Improving The Marketing Performance Of Service Companies, Leila Kissi

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

This article investigates the influence of Brand Content on the marketing performance of service companies operating in increasingly competitive markets, where innovation and differentiation are essential for customer retention. The study examines the extent to which Brand Content serves as a strategic lever for enhancing key marketing variables, including perceived value, customer engagement, perceived service quality, and brand reputation. The findings indicate that Brand Content positively shapes customer perceptions by improving engagement, satisfaction, and loyalty. Furthermore, it plays a significant role in enhancing perceived quality and strengthening brand reputation. Overall, the study demonstrates that Brand Content is a strategic marketing …

Impact Of Celebrity Endorsement On The Behavior Of Banking Service Users, Salima Debbarh Mounir, Safaa Idmoussa

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

This article examines the impact of advertising campaigns using celebrity endorsement strategies on the behavior of banking service users. The study is based on a qualitative investigation conducted among both customers and non-customers of the selected banking institution. The findings indicate that the presence of celebrities in advertising can effectively capture public attention and significantly enhance brand awareness and recognition. However, celebrity endorsement alone is insufficient to ensure customer loyalty. Service quality and user experience remain the primary determinants of trust and long-term relationships between banks and their customers.

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 Adoption Of Ethical Marketing By Moroccan Companies: A Temporary Trend Or A Strategic Challenge?, Hasnaa Benomar

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

To meet consumer expectations and address growing environmental concerns, many companies have adopted ethical marketing policies. These initiatives encourage consumers to associate their purchasing decisions with the support of causes that serve the public interest, thereby enhancing the company's image and reputation. However, have all companies truly recognized the significance of ethical consumption? Is ethical marketing a genuine commitment to respecting people and the environment, or is it primarily a strategic response to changing consumer behavior aimed at gaining a competitive advantage? These questions highlight the need to examine the role of ethical marketing within corporate strategy and to explore …

Hr Marketing: A Strategic Lever In The Face Of Labor Market Uncertainty, Fatima Zahra Alami, Kawtar Bouftass

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

In recent years, organizations have shown growing interest and increasing enthusiasm for Human Resource (HR) Marketing, a new approach to managing human capital within organizations. The human resources department has become a strategic function at the core of the organization, attracting the attention of all stakeholders and facing rising expectations in terms of performance, employee motivation, retention, and long-term organizational sustainability. In this context, human resource managers have increasingly adopted marketing principles and practices to attract prospective employees, facilitate their integration into the organization, and encourage them to remain with the company, particularly high-potential talent who are actively sought after …

Editorial : Innovation For Performance : Different Perspectives, Fatima Zahra Alami, Adil Cherkaoui, Raja Temnati

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

No abstract provided.

Rapide Parcours Des Revues Actuellement Publiées Par L’Université Saint‑Joseph Ou Ses Institutions, Jean Ducruet S.J.

Proche-Orient, Études juridiques

No abstract provided.

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 …

Civil Liability Of A Parent Company For The Unlawful Acts Of Its Subsidiary: An Analysis Of The Piercing The Corporate Veil Doctrine In Indonesian Court Decisions, Giovan Ryan Kevin Barus, Togi M.P. Pangaribuan

Lex Patrimonium

This research examines the civil liability of a parent company for unlawful acts committed by its subsidiary within a corporate group structure in Indonesia, with particular emphasis on the application of the single economic entity and piercing the corporate veil doctrines. This research adopts a doctrinal legal research method with a descriptive-analytical approach, relying on statutory analysis, legal doctrines, and case studies, namely Supreme Court Decision Number 89 PK/Pdt/2010 and Serang District Court Decision Number 30/Pdt.G/2022/PN Srg. The findings demonstrate that although the principles of separate legal personality and limited liability remain fundamental under Indonesian company law, courts may, in …

Disparitas Putusan Hakim Dalam Menentukan Keabsahan Klausul Non-Kompetisi Pada Perjanjian Kerahasiaan (Studi Kasus Gugatan Wanprestasi Terhadap Eks Pekerja Pt Foom Lab Global), Winda Octaviani Fadilah, Togi M.P. Pangaribuan

Lex Patrimonium

This study analyzes the validity of Non-Competition Clauses in Non-Disclosure Agreements through judicial disparities in cases involving former PT Foom Lab Global employees. The normative framework is built upon Articles 1320, 1337, and 1338 of the Indonesian Civil Code, freedom of work laws, and trade secret protection. The study distinguishes standard confidentiality obligations from Non-Competition Clauses, which require strict validity testing due to their restrictive nature on workers' rights. First-instance findings reveal conflicting reasoning: Decision No. 168 voided the clause based on freedom of work, whereas Decisions No. 155 and No. 666 upheld it based on freedom of contract and …

Standar Ganti Rugi Materil Dalam Kasus Perbuatan Melawan Hukum Pada Hewan Di Indonesia Berdasarkan Kasus Blackout Pln Pada Putusan Pengadilan Negeri Nomor 09/Pdt.G.S/2019/Pn Jkt Slt, Nathania Debora Siagian, Rosa Agustina

Lex Patrimonium

This study examines the standard of material compensation for pet deaths due to unlawful acts in Indonesian law, using a case study of District Court Decision No. 09/PDT.G.S/2019/PN JKT Sel, which rejected a claim for the death of four koi fish due to a power outage by PLN. Through doctrinal legal research with case and comparative law approaches, this study finds that Indonesian law still categorizes animals as movable objects, limiting compensation to provable economic loss, without considering emotional value. The court ruled that the power outage was not an unlawful act due to lack of fault, thus limiting PLN’s …

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 …

Melding Existing Models Of Government-Assisted Insurance To Create A Comprehensive Federal Cyber Insurance Program, Patrick Miskovsky

Student Journal of Information Privacy Law

This article discusses the need for federal policy in the cybersecurity insurance market, and it considers whether existing federal insurance programs could serve as models for a national cyber insurance regime.  After framing the issue through a discussion of current cyber risks, the article examines the structure and mechanics of three existing federal insurance programs: the Terrorism Risk Insurance Program, the National Flood Insurance Program, and the Federal Deposit Insurance Corporation.  The article concludes by noting that elements of each would be essential in a federal cyber insurance program, and that policymakers should consider the extent to which these models …

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

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 …

United States V. Alfonso: The Eleventh Circuit's Choice To Follow The Tide Of Other Circuits In Deciding What Constitutes The High Seas, Jaidin Winsor

Ocean and Coastal Law Journal

In United States v. Alfonso, three appellants challenged the constitutionality of the assertion of subject matter jurisdiction by the United States over a vessel involved in illicit drug smuggling activity within the Exclusive Economic Zone (EEZ) of the Dominican Republic. On appeal the United States Court of Appeals for the Eleventh Circuit rejected this challenge. The decision made by the Eleventh Circuit Court of Appeals followed the approach taken explicitly by the Fourth Circuit and indirectly by the First and Second Circuits. This decision affirmed the expansive reach of United States territorial jurisdiction and is likely to encourage other cCircuits …

Should I Stay Or Should I Go? The National Flood Insurance Program And Where We Go When The Next Storm Hits, Kevin Fitzpatrick

Ocean and Coastal Law Journal

In Spring, Texas, there is a house that has flooded twenty times due to heavy rain and flooding, resulting in National Flood Insurance Program (NFIP) payouts totaling over $912,000 to cover the repairs. This house’s current value is $42,000, so the payouts have dwarfed its value by over nineteen times. The story of this home is indicative of an ongoing crisis regarding the NFIP, but also a larger crisis of how we manage the risks of flooding in the United States. Flooding causes more damage in the United States than any other severe weather-related event, costing an average of $5 …

High Stakes On The High Seas: Sailing Through Mdlea Jursidictional Waters, Sean Kim

Ocean and Coastal Law Journal

This article argues that what makes the difference in success between these two regimes is how strictly the scientific advice underlying catch limits the advice is adhered to, and the influences allowed unto decisionmakers in the catch limit negotiation process. Whereas the United States uses the scientific advice about the MSY as a strict upper limit in determining annual catch limits, the EU does not. This allows stakeholders in the EU’s CFP governance, in particular fishing industry actors, to influence regulators to raise TACs above adequately precautionary levels in the name of “balancing” sustainable fishing with short-term economic interests. The …

"Tac-Ing" On Coherence: Achieving Sustainable Baltic Sea Fisheries Management By Hooking Precautionary Science And Greater Transparency In Eu Total Catch Negotiations, Patrick Seroogy

Ocean and Coastal Law Journal

This article argues that what makes the difference in success between these two regimes is how strictly the scientific advice underlying catch limits the advice is adhered to, and the influences allowed unto decisionmakers in the catch limit negotiation process. Whereas the United States uses the scientific advice about the MSY as a strict upper limit in determining annual catch limits, the EU does not. This allows stakeholders in the EU’s CFP governance, in particular fishing industry actors, to influence regulators to raise TACs above adequately precautionary levels in the name of “balancing” sustainable fishing with short-term economic interests. The …

Alaska's Hidden Gems: Advocating For The Protection Of Deep-Sea Corals, Both In The Courtroom And Beyond, Lauren Beizer

Ocean and Coastal Law Journal

Coral reefs are ecologically, financially, and aesthetically one of the world’s greatest resources. Off the coast of Alaska, many unique species of deep-sea cold-water corals exist and provide various public health benefits, contribute vital ecosystem functions to their surrounding environment, and serve as economic tourist attractions. Alaska’s corals reefs are exceedingly valuable to the earth due to their overall ecological value. However, these unique coral species significantly lack state and federal protections–which have recently been under consideration in several lawsuits at the federal level. American Oceans Campaign v. Daley and Oceana, Inc. v. National Marine Fisheries Service et al., are …