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 661 - 690 of 543541

Full-Text Articles in Entire DC Network

The Montana Supreme Court – The Statistics, Simon Mcmahon, Bryn Sokoloski Jul 2026

The Montana Supreme Court – The Statistics, Simon Mcmahon, Bryn Sokoloski

Montana Law Review

No abstract provided.


Strategic Surveillance Against Newsgathering, Courtney C. Douglas Jul 2026

Strategic Surveillance Against Newsgathering, Courtney C. Douglas

Montana Law Review

No abstract provided.


Court-Connected Mediation In Montana: Law, Practice, And Recommendations For Reform, Paul F. Kirgis, Brianna Anderson, Brock Flynn Jul 2026

Court-Connected Mediation In Montana: Law, Practice, And Recommendations For Reform, Paul F. Kirgis, Brianna Anderson, Brock Flynn

Montana Law Review

No abstract provided.


Significant Montana Cases, Claire Bagnell, Meredith Iams Jul 2026

Significant Montana Cases, Claire Bagnell, Meredith Iams

Montana Law Review

No abstract provided.


2026 Hon. James R. Browning Distinguished Lecture In Law: Pride And Precedent: Some Thoughts On Judging, Danielle J. Forrest Jul 2026

2026 Hon. James R. Browning Distinguished Lecture In Law: Pride And Precedent: Some Thoughts On Judging, Danielle J. Forrest

Montana Law Review

No abstract provided.


The Seven Deadly Sins Of Ai Policy, Kevin Frazier Jul 2026

The Seven Deadly Sins Of Ai Policy, Kevin Frazier

Montana Law Review

No abstract provided.


Legislating In The Child's Best Interests: Senate Bill 466 And The Increasing Significance Of Court Appointed Special Advocates In Dependency And Neglect Proceedings, Montana Casa/Gal Association Jul 2026

Legislating In The Child's Best Interests: Senate Bill 466 And The Increasing Significance Of Court Appointed Special Advocates In Dependency And Neglect Proceedings, Montana Casa/Gal Association

Montana Law Review

No abstract provided.


Building China’S Space Station Intellectual Property Protection System: Strategic Demands, International Rule Competition, And Institutional Pathways, Xiao Youdan, Bing Xiao, Yi Zheng, Xianghui Liu Jul 2026

Building China’S Space Station Intellectual Property Protection System: Strategic Demands, International Rule Competition, And Institutional Pathways, Xiao Youdan, Bing Xiao, Yi Zheng, Xianghui Liu

Bulletin of Chinese Academy of Sciences (Chinese Version)

As China’s space station transitions into its application and development phase, on-orbit research outputs are entering a period of concentrated yield. The protection of space station intellectual property (IP) has evolved from a theoretical proposition into a pressing institutional demand. For decades, developed economies, notably the United States and European nations, have dominated the development of international space IP rules. Their core approach extends the traditional principle of territoriality through “legal fiction”, establishing jurisdiction based on the “State of registry’s jurisdiction”—that is, treating space objects as extensions of the registering State’s territory, thereby extending the reach of domestic IP law …


Synthesis Report, Khalid Naciri Jul 2026

Synthesis Report, Khalid Naciri

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

Thirty years after Moroccan civil servants were granted a specific legal and administrative framework, the General Statute of Public Service naturally prompted reflection and debate among practitioners and academics. In this spirit, the Public Law Department of the Faculty of Legal, Economic, and Social Sciences at Hassan II University organized a colloquium on May 12–13, 1989, to examine the public service, focusing on elements of continuity and change. Situated at the intersection of legal, cultural, sociological, and political dimensions, the subject proved particularly complex. The colloquium explored this complexity through three main themes: the structures of public service, the legal …


The Evolution Of The Legal Status Of Civil Servants, Mohamed Aliat Jul 2026

The Evolution Of The Legal Status Of Civil Servants, Mohamed Aliat

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

Before independence, the Moroccan public service comprised approximately 400 separate grades, each governed by its own specific statute, resulting in significant disparities and administrative complexity. After independence, authorities faced the challenge of restructuring, harmonizing, and adapting administrative frameworks to new realities. Morocco adopted the "pragmatic localized reform method" rather than a comprehensive systematic overhaul. This approach began with the enactment of the General Statute of Public Service in 1958, followed by a transitional period of careful assessment. This process culminated in the 1967 cadre reform, later complemented by the 1975 reform, marking a gradual but significant evolution in the legal …


Statutory Guarantees Of Civil Servants, Amal Mourji Jul 2026

Statutory Guarantees Of Civil Servants, Amal Mourji

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

This paper examines the statutory guarantees of civil servants through a comparative analysis of two contrasting public service models: open and closed systems. In open systems, public employment is based on contracts, allowing mobility between public and private sectors, which enriches both mindsets and administrative structures. In closed systems, civil servants enter through competitive examinations and remain in public service until retirement, with strict separation between public and private sectors. They are governed by a legal and regulatory statute rather than contracts. While neither system exists in absolute form, they serve as simplified models. The author cites Anglo-Saxon countries (notably …


Some Reflections On The Municipal Public Service, Abderrahim Fadil Jul 2026

Some Reflections On The Municipal Public Service, Abderrahim Fadil

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

This paper highlights the significant gap between extensive research on state public service and the scarcity of studies on municipal public service (MPS), which remains poorly understood. The creation of MPS in Morocco is linked to the decentralization movement initiated by the Municipal Charter of September 30, 1976, with both themes being closely intertwined. Without a functioning MPS, decentralization at the local level risks being ineffective. In countries like Spain and France, territorial public service has become a cornerstone of local political-administrative systems. In Morocco, MPS is relatively recent, reflecting the growing role of municipalities in national life. This study …


Rules Of Public Service: Between The Domain Of Law And The Regulatory Domain, Mohamed Acherki Jul 2026

Rules Of Public Service: Between The Domain Of Law And The Regulatory Domain, Mohamed Acherki

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

This paper examines the constitutional distribution of legislative and regulatory powers concerning public service rules in Morocco. Under the 1962 Constitution, only "basic guarantees granted to civil and military state employees" fell within the legislative domain, with all other public service rules relegated to the regulatory sphere. The 1970 Constitution maintained this approach. Despite constitutional provisions allowing for the adoption of organic laws to clarify and delimit these domains, no such laws were ever enacted for public service. Consequently, between 1962 and 1972, most public service rules remained within the regulatory domain, including some initially adopted by legislative acts, which …


Workforce Management In The Public Service: Rules, Methods, And Means, Mostafa Rhomari Jul 2026

Workforce Management In The Public Service: Rules, Methods, And Means, Mostafa Rhomari

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

Structural adjustment, budgetary constraints, administrative downsizing, restructuring, and privatization have become key drivers of public service reforms in developing countries. These reforms have prompted a continuous reassessment of workforce management, aiming either to curb rising personnel costs or to address shortages of highly skilled specialists, staff surpluses, or poor distribution across administrative sectors. The ultimate objective is workforce redeployment, guided by the principle: "Place the right people, in the right place, at the right time." Achieving this requires determining adequate staff numbers and qualifications while ensuring optimal geographical and functional distribution. Effective workforce management remains essential for improving administrative efficiency …


The Specificity Of Judicial Review Over The Legality Of Conservation (Land Registration) Decisions, Mohamed Chnan Jul 2026

The Specificity Of Judicial Review Over The Legality Of Conservation (Land Registration) Decisions, Mohamed Chnan

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

This paper examines the unique nature of judicial review concerning conservation decisions (land registration) in Morocco. The author highlights the exceptional gravity of these decisions, as they directly affect property rights—a fundamental right protected by the Constitution. Unlike other administrative acts, conservation decisions are not subject to any form of appeal, not even before the administrative courts. This legal anomaly is particularly striking given that even constitutional provisions can be reviewed through referendums, and other administrative decisions may be challenged through annulment proceedings. The author argues that this exceptional rule, consistently upheld by case law, can only be explained by …


Presidential Authority And Human Relations In The Public Service, Lahoucine Oulkaid Jul 2026

Presidential Authority And Human Relations In The Public Service, Lahoucine Oulkaid

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

This paper examines the relationship between superiors and subordinates in public administration and its impact on administrative systems. The nature of this relationship reveals the prevailing administrative culture and determines whether subordinates remain passive followers or become active participants in decision-making. The study contrasts centralized administrative systems, where authority is concentrated among senior officials, with decentralized models that grant regional or specialized bodies legal personality and some autonomy. Decentralization is widely regarded by scholars as a necessity of the modern era and a key indicator of administrative development. The author argues that participatory approaches and balanced power distribution contribute to …


Exemption Of Subordinates From Obedience To Superiors In The Public Service Sector, Radouane Abou Joumaa Jul 2026

Exemption Of Subordinates From Obedience To Superiors In The Public Service Sector, Radouane Abou Joumaa

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

On the occasion of the thirtieth anniversary of Morocco's first Public Service Act, this paper revisits key principles to assess their continuity or evolution over time. The focus is on presidential obedience, a fundamental duty that ensures subordinates' actions carry legal legitimacy and enables effective administrative organization. However, this duty raises complex questions that extend beyond legal frameworks to encompass sociological and historical dimensions. The author examines whether circumstances exist where subordinates may be exempted from obeying superiors, exploring the delicate balance between hierarchical discipline and individual responsibility. This analysis highlights the tension between administrative hierarchy and evolving concepts of …


Legality And Appropriateness In Public Service Decisions, Abdellah El Idrissi Jul 2026

Legality And Appropriateness In Public Service Decisions, Abdellah El Idrissi

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

The organization of public service aims to address practical issues by ensuring sound administration and meeting public needs while responding to civil servants' aspirations for continuous improvement. Decisions taken by governmental authorities regarding their employees—such as recruitment, training, promotion, transfer, discipline, and performance evaluation—are among the most significant and directly affect civil servants' administrative careers and rights. Given their impact on rights and freedoms, public service legislation typically surrounds these decisions with procedural guarantees to protect employees against potential abuses. However, these legislative safeguards remain insufficient unless civil servants can challenge administrative decisions before the courts, reinforcing the importance of …


Deductions From Salaries And Wages: The Tax On Financial Performance At The Expense Of Tax Justice, Asaad Abdelmajid Jul 2026

Deductions From Salaries And Wages: The Tax On Financial Performance At The Expense Of Tax Justice, Asaad Abdelmajid

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

This paper examines salary and wage deductions in Morocco, focusing on the tax on financial performance and its implications for tax justice. The author emphasizes that public administration plays a crucial role in tax collection and that any tax reform's effectiveness depends heavily on the administrative apparatus responsible for its implementation. As G. Ardant notes, the value of any tax system remains contingent upon the administration that applies it. Moroccan tax administration faces structural challenges inherited from the colonial period, including a shortage of qualified personnel relative to the number of taxpayers. These deficiencies raise concerns about fairness and efficiency …


The Legal Status Of Civil Servants In Criminal And Private Law, Mohamed El Kichbor Jul 2026

The Legal Status Of Civil Servants In Criminal And Private Law, Mohamed El Kichbor

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

This contribution examines the legal status of civil servants in Morocco under criminal and private law. The author reflects on the thirtieth anniversary of the Public Service Act, enacted by Dahir of February 24, 1958. This statute represented a milestone in consolidating Morocco's sovereignty and reinforcing its political independence following 1954. It established a legal framework governing the relationship between the newly established Moroccan administration and its civil servants, who replaced French protectorate officials. The Public Service Act is a cornerstone of Moroccan administrative law, regulating relations between public authorities and employees working to serve the public interest and manage …


The Impact Of Administrative Reform On The Teaching Staff In Morocco, Houssine El Amrani Jul 2026

The Impact Of Administrative Reform On The Teaching Staff In Morocco, Houssine El Amrani

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

Upon independence from the French protectorate, Morocco inherited a complex educational structure with over thirty different teaching grades for primary and secondary education. To streamline this system, the administration introduced a new statute in February 1967, merging all teaching staff into seven functional grades, with inspector ranks aligned to senior administrators. In higher education, however, there was a legal void, with only the grade of tenured professors existing. Consequently, the legislator quickly established a dedicated statute for higher education teachers starting in 1959, following the decree creating the University of Rabat. These reforms marked crucial steps toward modernizing Morocco's educational …


Ministerial Cabinets, Chaabi El Madkouri Jul 2026

Ministerial Cabinets, Chaabi El Madkouri

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

Ministerial cabinets are teams working alongside ministers, characterized by solidarity among members and absolute, unconditional loyalty to the minister. The study of ministerial cabinets is closer to political science than to administrative studies, making them inherently cautious and opaque. Several motivations prompted this research: they are an ancient institution, known in Arab heritage as the "minister's retinue," with significant historical influence; they face widespread criticism often stemming from misunderstanding of their role; and their members remain highly discreet, making it difficult for external observers to understand their functions and responsibilities. This modest scientific attempt aims to clarify the nature, roles, …


The Manifestations Of Administrative Reform In The Public Service Sector In Morocco, Abdelilah Fountir Jul 2026

The Manifestations Of Administrative Reform In The Public Service Sector In Morocco, Abdelilah Fountir

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

More than thirty years after the enactment of Morocco's first general statute for public service (February 24, 1958), it has become essential to open public debate on this vital sector. Since independence, the public service has experienced overlapping complexities across legislative, human, and structural levels. The university's decision to address this issue reflects growing awareness of its national importance. Reforming the public service is central to broader administrative reform and the modernization of the state apparatus. Key challenges include the relationship between civil servants and the state, their legal status, societal discourse, and their role in decision-making and implementation processes.


Introductory Report, Abdelkbir Fikri Jul 2026

Introductory Report, Abdelkbir Fikri

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

The literature on civil servants is rich with vivid expressions highlighting the unique nature of public service. Civil servants embody the state's memory, guarantee its authority, and serve the public interest while ensuring continuity in public services. Their legal stability rests on the General Statute of Public Service of February 24, 1958, a text frequently amended since. While their status endures, their condition evolves with administrative reforms and social change. Administrative organizations must adapt to new management techniques, inevitably affecting civil servants' behaviors and attitudes. However, diagnosing Morocco's public service after thirty years remains challenging. This introductory report does not …


How Rude?: Prohibitions On Insults And Abuse In International Human Rights Complaint Proceedings, Lisa Reinsberg Jul 2026

How Rude?: Prohibitions On Insults And Abuse In International Human Rights Complaint Proceedings, Lisa Reinsberg

Northwestern Journal of Human Rights

May international human rights mechanisms close their doors to individuals who insult their members or Member States? Several do so, but the basis, scope, and impact of such rejections remain mostly unexamined. This article maps the relevant practices of regional and United Nations human rights bodies and compares them to other courts’ responses to contempt of court or vexatious litigation, to understand whether this admissibility criterion is a proper application of the prohibition on abuse of the right of petition or a legitimate exercise of a human rights body’s inherent powers. Three approaches emerge: ignore, balance, and punish. While the …


Support The Icc As A Vital Court Of Last Resort For Victims Of Grave International Crimes, Jocelyn Getgen Kestenbaum, Gabor Rona Jul 2026

Support The Icc As A Vital Court Of Last Resort For Victims Of Grave International Crimes, Jocelyn Getgen Kestenbaum, Gabor Rona

Online Publications

This public statement, issued on International Justice Day (July 17, 2026), affirms support for the International Criminal Court (ICC) as an independent judicial institution and a court of last resort for victims of genocide, crimes against humanity, war crimes, and the crime of aggression. Signed by more than 100 organizations and individuals, including legal scholars, practitioners, human rights advocates, and civil society organizations, the statement expresses concern over efforts to undermine the ICC's independence and functioning. It calls on the United States to reaffirm its longstanding commitment to the rule of law, judicial independence, and international accountability, emphasizing the importance …


From Automation To Adjudication: Evaluating The Role Of Artificial Intelligence In Dispute Settlement, Karem Sayed Aboelazm, Muayad Ahmad Obeidat, Raghda Raafat, Nada Zuhair Alfil, Fady Tawakol Jul 2026

From Automation To Adjudication: Evaluating The Role Of Artificial Intelligence In Dispute Settlement, Karem Sayed Aboelazm, Muayad Ahmad Obeidat, Raghda Raafat, Nada Zuhair Alfil, Fady Tawakol

All Works

This paper explores the evolving transition from automation to adjudication by examining the role of artificial intelligence (AI) in dispute settlement processes. It assesses how AI can enhance procedural efficiency, support judicial reasoning, and improve access to justice. Adopting a qualitative and interpretive approach, the study analyzes academic scholarship, policy frameworks, and comparative international practices to understand the integration of AI within judicial and quasi-judicial settings (Abedi et al., 2025). The findings suggest that while AI significantly improves administrative processes and provides valuable decision-support tools, it also raises critical concerns regarding algorithmic bias, lack of transparency, and the risk of …


Modern Economic Analysis And Antitrust Law: A Guide, Steven C. Salop Jul 2026

Modern Economic Analysis And Antitrust Law: A Guide, Steven C. Salop

Georgetown Law Faculty Publications and Other Works

This book presents a modern economics approach to antitrust law. It expands upon and supplements traditional legal analysis of antitrust law and policy. It does so by analyzing antitrust legal standards and case law through the lenses of industrial organization economics and decision theory. The work is intended to be a comprehensive introductory guide for students, practitioners, and anyone else interested in learning the core of modern antitrust economics. Understanding the economics of antitrust and decision theory and applying that reasoning to specific cases and issues are critical steps for successfully studying and practicing antitrust law and policy. It treats …


Period-Proofing Your Data, Sofia Makepeace Jul 2026

Period-Proofing Your Data, Sofia Makepeace

Washington Journal of Law, Technology & Arts

Menstrual cycle tracking apps and their accompanying wearables, collectively known as FemTech, promise women health insights in a healthcare system that often fails to treat problems that primarily affect women. FemTech lets users map their cycles, recognize symptoms, experience non-hormonal birth control, and contribute to long-overdue research on conditions like endometriosis, PCOS, and perimenopause. But after Dobbs v. Jackson Women’s Health Organization, the same datasets that empower users have also become valuable in criminalizing abortion-related crimes. Because most FemTech privacy policies fall outside HIPAA, intimate logs of bleeding, sex, mood, and biometric signals can now be criminal evidence in …


The Algorithmic Collusion Problem: A Judicial Framework For Analyzing Algorithms Under § 1 Of The Sherman Act, Rix Ryskamp Jul 2026

The Algorithmic Collusion Problem: A Judicial Framework For Analyzing Algorithms Under § 1 Of The Sherman Act, Rix Ryskamp

Washington Journal of Law, Technology & Arts

Courts are increasingly seeing Sherman Act Section 1 claims that involve AI and other software algorithms at the center of alleged conspiracies to unreasonably restrain trade—often called algorithmic collusion claims. Adjudicating these claims can involve complex analyses of how algorithms interact with alleged conspiracies. However, most of the Section 1 case law stems from traditional agreements and can be hard to apply to algorithmic collusion scenarios. This Article provides a framework that judges and other adjudicators might use to analyze the role of an algorithm in an alleged conspiracy without becoming bogged down in technical details early in the case. …