Digital Commons Network^™

Determining The Legal Nature Of The Exhaustion Of Local Remedies Rule: A Question Finally Resolved?, Abdelhamid El Ouali

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

It is widely accepted that the exhaustion of local remedies by foreigners is a precondition for invoking the international responsibility of a state. Scholars such as Panayotacos and Judge Ago, as well as the International Court of Justice in the interhandel case, affirm its customary international law status. However, the author notes that this near-unanimity is not absolute, as some scholars (e.g., Ténékidès, Friedmann) have contested its customary character. The article critically examines whether the rule's legal nature has indeed been definitively settled, highlighting enduring doctrinal disagreements that challenge the consensus on its customary status.

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.

Reform And Codification Of Labor Law: Mission Of A Code, Ahmed El Aouani

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

This article addresses the urgent need for labor law reform and codification in Morocco. The author notes that despite major transformations in the employment market—including privatization and economic liberalization—labor legislation remains largely unchanged since the first three years of independence. The current legal framework reflects a bygone era of state monopoly over unions and the state's role as the primary employer. The author argues that codification is not merely about compiling scattered texts but fundamentally requires a comprehensive reform aligned with contemporary professional relations. The article questions the logic of privatizing vital economic sectors without simultaneously reforming the legal framework …

The Legal Aspects Of The Permanent Link Project Between Africa And Europe Via The Strait Of Gibraltar, Souni El Jilali

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

This master's thesis examines the legal dimensions of the proposed permanent fixed link between Africa and Europe across the Strait of Gibraltar. The project was initiated following the 1979 visit of Spanish King Juan Carlos I to Morocco, driven by the shared vision of King Hassan II and King Juan Carlos to strengthen Moroccan-Spanish relations. A general agreement on scientific and technical cooperation was signed between the two countries in November 1979. The study explores the legal frameworks, bilateral treaties, and international law implications surrounding this ambitious infrastructure project. The thesis was defended on November 2, 1987, at the Faculty …

Judgment And Commentary, Azzeddine Bensetti

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

This legal commentary analyzes two decisions by the Moroccan Supreme Court concerning commercial goodwill and registration requirements. The first decision (No. 653, December 5, 1979) establishes that a person regularly registered in the commercial register is presumed to be the apparent owner of commercial goodwill. It further rules that potential creditors of the seller of commercial goodwill cannot challenge a sale against third parties unless they contest it within the statutory time limits set forth in Article 4 of the Dahir of December 31, 1914. The second decision (No. 403, February 20, 1985) complements and reinforces the first ruling. The …

The Seals Of Notaries And Their Evidentiary Value In Moroccan Law, Mohamed El Kachbour

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

This master's thesis, defended in July 1988 at the Faculty of Law in Casablanca, examines the legal evidentiary value of notarial seals in Moroccan legislation. The research addresses a topic that had received little attention in Moroccan legal scholarship, beyond a few scattered articles. The study explores the probative force of notarial instruments, their authenticity, and their role in civil procedure and evidence law. The thesis was awarded a grade of 16/20 and recommended for publication by the examining committee. The work remains a significant contribution to Moroccan legal doctrine on notarial evidence and judicial proof.

Toward Mitigating The Effects Of War On The Environment, Mahjoub El Haiba

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

War consistently devastates natural and human resources, causing death, destruction, and severe environmental damage. The environmental impact has intensified with the development of advanced weapons, technologies, and methods of armed conflict. These effects are often direct and immediate, but can also be delayed or long-lasting, sometimes deliberately targeting ecological systems as a war objective. The danger escalates when technologies enable artificial modification of ecosystems, such as creating artificial clouds or torrential rains. This text is based on a conference presentation given in Casablanca in 1986, during the International Year of Peace, emphasizing the urgent need to address war’s ecological consequences.

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 …

Pay-To-Play, Gad Weiss

BYU Law Review

Pay-to-play clauses are a surprisingly understudied feature of venture capital financing deals. These provisions are designed to act as enforcement agents, securing investors’ long-term commitment by penalizing those who decline to provide additional funding when their portfolio startups come calling. Through an analysis of a novel dataset of pay-to-play clauses, this paper uncovers surprising patterns in how U.S. startups design and deploy them—most notably, their tendency to discriminate among investors despite legal guidance suggesting otherwise. The paper illustrates how pay-to-play clauses can increase enterprise value by addressing flaws in startups’ governance and capital structures, preventing destructive “chicken” games among investor …

Bank Stability Under Global Risk Uncertainty: The Interplay Of Internal Characteristics And External Regulatory Environment, Erfan Rachmadi, Bowo Setiyono, Bimo Saktiawan, Muizzuddin Muizzuddin

Bulletin of Monetary Economics and Banking

This study examines the impact of global political and climate uncertainty on bank stability, utilizing panel data from 604 banks across 40 countries during the period 2011–2022. Through fixed effects and difference GMM methodologies, the analysis reveals that both geopolitical and climate risks adversely affect bank stability. Notably, tightening governance creates a ‘regulatory compliance paradox’ which leads to lower climate readiness and bank stability. We also identified that capital buffers matter in enhancing bank readiness to face geopolitical and climate uncertainty. However, efficiency plays a dual role. In times of geopolitical risk, it is necessary, but we also can’t achieve …

2026 Byu Law Review Masthead

BYU Law Review

No abstract provided.

Byu Law School Faculty Listing

BYU Law Review

No abstract provided.

Byu Law Review Subscription Information

BYU Law Review

No abstract provided.

Table Of Contents

BYU Law Review

No abstract provided.

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

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

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 …

Bleeding Into Human Rights Law: The Need For A Special Procedure On The Right To Menstrual Health, Hunter Tarry

BYU Law Review

Menstruation, a fundamental biological process experienced by nearly half of the global population, remains shrouded in stigma and silence despite its critical role in sustaining human life. Many women and girls face inadequate menstrual health management and education, undermining their ability to experience a full range of human rights. While menstruation has gained increased public visibility in recent years, the United Nations (UN)—the cornerstone of the global human rights system—has been slow to meaningfully integrate this issue into its agenda. The time is now for the UN to formally recognize menstrual health as a human right by advancing global advocacy …

Private Disestablishment, Gaurav Mukherjee

BYU Law Review

Should public funds support religious schools? The Supreme Court’s 4–4 decision in St. Isidore of Seville Catholic Virtual School v. Drummond may have blocked America’s first religious charter school but set no precedent, leaving core constitutional questions unanswered. This Article argues that St. Isidore illustrates “private disestablishment,” where religious institutions claim private status while exercising public power—allowing them to access public benefits without accepting public constraints. Blurring the boundary between private and public allows these entities to secure public benefits like funding and regulatory advantages while avoiding obligations that typically constrain public institutions, such as non-discrimination or religious neutrality.

The …

A Sovereign Peace: Reconceptualizing The Law Of Sovereignty In The Taiwan Strait, Alyssa Resar

International Law Studies

China and Taiwan’s enduring dispute stems from a fundamental disagreement over Taiwan’s sovereignty. Drawing on binary conceptions of sovereignty in international law, the Chinese government argues that there can only be one legitimate Chinese sovereign—and that China is this sovereign. Meanwhile, Taiwan’s current government maintains that the Republic of China (Taiwan’s official title) is itself a sovereign, independent entity. As the two governments cling fiercely to their positions, bilateral diplomacy has ceased, and the risk of catastrophic war has risen.

This article argues that international law nonetheless offers the conceptual tools needed to build peace in the Taiwan Strait by …

Legal Scholarship In An Age Of Social Media, Miriam Cherry

Journal of Civil Rights and Economic Development

(Excerpt)

This symposium essay will offer insights into how legal scholarship—and the law—are changing in a time of social media. Platforms or their names may change, but the immediacy and connection that they offer, for better or worse, here to stay. The argument amounts to two sides of the same coin. Social media can raise the salience of an issue, story, or event, and in doing so, may provide information that helps to inform our work as legal scholars. The converse is also true: legal scholarship also needs to study social media. This essay takes each point in turn.

Fragile Hope And The Cultural Life Of Law, Shefali Jain

Socio-Legal Review

This review of Sandhya Fuchs’ Fragile Hope: Seeking Justice for Hate Crimes in India (Stanford University Press 2024) highlights that the book makes a genuinely original ethnographic and conceptual contribution to caste studies and hate crime scholarship. At the same time, the essay argues that there are three limitations to its framework that require greater engagement: the book’s failure to engage with the legal consciousness tradition in socio-legal scholarship, an underdeveloped account of “legal meliorism,” and an unresolved tension between the book’s stated commitment to victim-centred analysis and its ethnographic evidence that frequently discusses movement-level aspirations.

Decent Work In The Platform Economy Convention, 2026: A Preliminary Analysis, Valerio De Stefano

ILO Decent Work in the Platform Economy Convention

This paper provides a preliminary analysis of the Decent Work in the Platform Economy Convention, 2026 (No. 193), the first international labour standard devoted specifically to platform work. It examines the Convention’s scope, substantive protections, and principal interpretive questions, arguing that its significance lies in the cumulative architecture through which platform work is brought within the reach of international labour standards.

Particular attention is given to the Convention’s broad personal scope. Self-employed platform workers are generally included throughout the instrument, while specific provisions permit protections to be adapted to different employment statuses without excluding workers outside an employment relationship. …

What If Refugees Mattered? The Challenge To International Law, Catherine Dauvergne

All Faculty Publications

The starting point of this work is that the figure of the refugee is under-theorized in international law, to the point of being almost entirely absent from dominant accounts of international law. This absence is all the more striking because international law is, if anything, over-theorized. Or, in Martti Koskenniemi’s (vastly more polite) words, “more than other fields, international law’s centre of gravity has been with theoretical abstraction and doctrinal construction.” So why is the figure of the refugee absent? And why does it matter? These are the key questions I am exploring in this work.

Fundamental Rights And Fair Fights: Holding Out For Legal Patent Recognition Under State Multiparent Recognition Statutes, Heather Kolinsky

Loyola of Los Angeles Law Review

This Article considers the impact of the behavioral proxy of holding out to establish legal parenthood, and how that proxy functions in new statutory frameworks designed to recognize more than two legal parents for a child. Holding out was originally conceived as a mechanism to allow unmarried biological fathers to seek legal parent status. Holding out has been extended to intended and intentional parents in surrogacy and assisted reproductive technology as well as to married and unmarried same sex partners. In these iterations, holding out has facilitated legal parent recognition as the modern family form has evolved to include more …

Zhang V. Zhang, 142 Nev. Adv. Op. 45 (June 18, 2026), Nathan Mackay

Nevada Supreme Court Summaries

Even when a party has violated their disclosure requirements, a district court must analyze the Young factors before issuing a discovery sanction that effectively terminates the case with prejudice.

Until The Cages Are Empty: Transgender Criminal Defense As A Necessary Tactic Of Prison-Industrial Complex Abolition, Lark Mulligan

UC Law Journal of Race and Economic Justice

This article is a practical guide in the fight to abolish the prison-industrial complex as well as institutionalized transphobia and cissexism. Focusing specifically on the practice area of criminal defense, this article proposes a model that must be replicated across jurisdictions wherever transgender people are criminalized. By instituting an interdisciplinary team approach that is non-hierarchical, strengths-based, trauma-informed, community focused, holistic, harm-reductionist, and abolitionist, practitioners will find their role in this movement as one of consensus building, knowledge sharing, community empowerment, institutional navigation, and access distribution. As discrimination and violence against trans people continues to rise, practitioners must learn to not …

Racial Privacy I: The Quest For Whiteness By European Immigrants In America, Najarian R. Peters

UC Law Journal of Race and Economic Justice

Privacy law scholars have disregarded and under-theorized racial privacy practices, meaning racial/ethnic passing, in the United States of America. This article is a defining first step in conceptualizing racial passing as an indispensable privacy protection practice, that affirmed the following individual and group privacy rights of European immigrants, who became White in America: (1) the right to be let alone, (2) the right to erasure of stigmatized racial identity, and inherent in that right, (3) the right to forget an assigned racial identity, burdened by socio-economic deprivation and predation. Whiteness was required to access citizenship for the vast majority of …

The Joy And Privilege Of Social Justice Lawyering: Fulfillment Through Integrating Work And Life, Ascanio Piomelli

UC Law Journal of Race and Economic Justice

No abstract provided.

Causey V. Eighth Jud. Dist. Ct., 142 Nev. Adv. Op. 43 (June 18, 2026), Madeleine Langhoff

Nevada Supreme Court Summaries

Child abuse can be a continuing offense warranting only a single court or can be multiple, individual counts depending on the circumstances.