Digital Commons Network^™

الوساطة الجزائية (دراسة مقارنة), شوق محسن العامري

Theses

No abstract provided.

اختصاص المحكمة الاتحادية العليا بتفسير المعاهدات والاتفاقيات الدولية دراسة تحليلية في النظام القانوني الإمارات, Noura Salem Alshamsi

Theses

The Federal Supreme Court's Jurisdiction to Interpret International Treaties and Agreements

This thesis examines and analyzes the interpretation of international treaties and agreements in the legal system of the United Arab Emirates, focusing in particular on the jurisdiction granted to the Federal Supreme Court in this area. It aims to clarify the legal rulings issued in this regard, in light of the UAE Constitution and recent legislative developments, particularly Federal Decree-Law No. (33) of 2022.

The thesis concludes that the UAE legislator has granted the Federal Supreme Court exclusive jurisdiction to interpret international treaties, and that this interpretation is achieved …

أثر الحكم الصادر عن المحكمة الاتحادية العليا بعدم الدستورية, Mariam Saeed Al Ketbi

Theses

The Effect of The Judgment Rendered by the Federal Supreme Court Declaring Unconstitutionality

Constitutional judiciary represents the primary guarantee for the supremacy of the Constitution and the protection of rights and freedoms, as it exercises subsequent review over legislative texts to ensure their compliance with constitutional provisions. The judgments it issues are objective in nature, directed at the legislative text itself rather than the parties involved, which grants them absolute authority that binds all branches of government—legislative, executive, and judicial—as well as individuals. These judgments are final and cannot be appealed by any means, as confirmed by both the UAE …

If You Love Something, Let It Go: Giving Up Government Mandated Online Age Restrictions In Favor Of § 230 Inspired Immunity, Cole Pedro

North Carolina Journal of Law & Technology

No abstract provided.

U.S. Climate Litigation During The Biden Years, Margaret Barry

Sabin Center for Climate Change Law

Using cases collected in the Sabin Center for Climate Change Law’s Climate Litigation Database, this report analyzes the 630 climate change lawsuits filed in United States courts while President Joseph R. Biden was in office. During the Biden administration, the federal government reversed course on the first Trump administration’s climate deregulation and embarked on a “whole-of-government approach to combatting the climate crisis.” Many states and municipalities pursued their own efforts to mitigate and prepare for climate change, while other states undertook climate deregulatory efforts. During the four years of the Biden administration, many areas of the U.S. experienced disasters linked …

Intellectual Property Futures: Exploring The Global Landscape Of Ip Law And Policy, Graham Reynolds, Alexandra Mogyoros, Teshager W. Dagne

All Faculty Publications

The past few decades have been witness to a number of important developments with respect to the global intellectual property (IP) system, including shifts in focus between multilateralism and bilateralism/regionalism; growing recognition of the various ways in which IP intersects with and impacts areas including human rights, development, trade, and social justice; broad acknowledgement of the economic value of many IP rights; and important theoretical interventions that have challenged the values underlying the global IP system.

These developments have occurred alongside several other events, changes, and crises that have altered the landscape of our global communities. Chief among them are …

Introduction, Graham Reynolds, Alexandra Mogyoros, Teshager W. Dagne

All Faculty Publications

The past few decades have been witness to a number of important developments with respect to the global intellectual property (IP) system, including shifts in focus between multilateralism and bilateralism/regionalism; growing recognition of the various ways in which IP intersects with and impacts areas including human rights, development, trade, and social justice; broad acknowledgement of the economic value of many IP rights; and important theoretical interventions that have challenged the values underlying the global IP system.

These developments have occurred alongside several other events, changes, and crises that have altered the landscape of our global communities. Chief among them are …

Thinking Differently: Creating Spaces Of Autonomy For The Revitalization Of Indigenous Legal Traditions In The Context Of Copyright, Johnny Mack, Graham Reynolds

All Faculty Publications

There is an urgent need to think differently. Colonialism, in its settler variant, has developed new and particularly dangerous strategies to advance its dual imperatives of the dispossession of Indigenous peoples and the erasure of Indigeneity as a politicized identity construct with a legitimate claim to law. This goal is advanced today through rights frameworks, which have generated a worrisome platform to support the logic of elimination by drawing Indigenous calls for autonomy, self-determination, and sovereignty into a settler colonial framework of authority. In this chapter, we highlight how these strategies function in the context of Canadian copyright law. Canadian …

Teaching With Ai: Insights From A Faculty Focus Group, John M. Lande

Faculty Publications

This report summarizes insights from a focus group of law faculty who discussed their experiences and perspectives about using artificial intelligence (AI) in legal education.  The focus group took place at the 2025 Works-in-Progress Conference sponsored by the ADR Section of the Association of American Law Schools.

The responses reflect a range of reactions, providing a snapshot of how some faculty are experimenting with AI, evaluating its risks and benefits, and considering how best to achieve their pedagogical goals.  Participants expressed interest in using AI as a teaching tool – particularly in communication exercises, simulations, and written assignments – and …

Book Review - Board-Shareholder Dialogue: Policy Debate, Legal Constraints And Best Practices Edited By Luca Enriques And Giovanni Strampelli, Cambridge, Cup, 2024, 574 Pp., £130.00 (Hardback) Isbn: 9781009360760, Martin Petrin

Articles & Book Chapters

No abstract provided.

Setting International Technical Standards To Shape Digital Trade Policy: Approaches, Challenges, And Opportunities For Developing Countries, Craig Atkinson, Hanane Becha

Centre for Digital Law

Digital trade, the “intentional application of digital technologies at any stage of the trade process” (DiCaprio, 2024, p. 1), is reshaping patterns of economic growth1 and development (International Monetary Fund [IMF] et al., 2023a). As its basis, digital trade depends on internationally agreed-upon “digital technical standards”: rules and guidelines that ensure digital technologies can work together (i.e., interoperability) and be used widely (i.e., scalability) (Bergsen et al., 2022). These standards support how information and communication technologies (ICTs) are designed, interact, and are adopted across borders. Without such technical standards, digital trade would not be possible.

Regulating The Unseen In A Borderless World: Digital Currency And Its Socioeconomic Impact On Industry, Paolina H. Engibegian

University of the Pacific Law Review

No abstract provided.

Cutting Out The Middleman: How States Can Save Medicaid Dollars By Firing Pharmacy Benefit Managers, Hannah Garden-Monheit, Tyler Haydell

Center for Law and the Economy

Medicaid programs are currently under significant pressure from the passage of H.R. 1 (the “One Big Beautiful Bill”), which cuts federal Medicaid spending by an estimated $911 billion over 10 years — billions of dollars per state — and is projected to increase the number of uninsured by 10 million. H.R. 1 also imposes significant administrative burdens on both American families and states, by creating new work and reporting requirements. Faced with these challenges, cash-strapped states are scrambling to reduce costs.

One way certain states can realize cost savings is by removing Pharmacy Benefit Managers — middlemen known as “PBMs” …

Volume 8, Issue 2 Title Page

SAIPAR Case Review

No abstract provided.

Volume 8, Issue 2 Table Of Contents

SAIPAR Case Review

No abstract provided.

Editorial Board

SAIPAR Case Review

No abstract provided.

Rights Vs Rules: A Commentary On Nathan Mubanga (Suing As The Father And Next Friend Of A Minor Cm) And Anor V Attorney General (2023/Hp/0403) Zmhc3 (19 February 2025), Chanda Mwape

SAIPAR Case Review

The High Court of Zambia upheld a school's refusal to admit a Rastafari child with dreadlocks. The author argues that the Court erred by failing to consider regional jurisprudence, international human rights trends, and the historical context of discrimination against natural African hair. The piece contends that requiring Rastafari children to cut their dreadlocks to access public education effectively denies them their rights to education, freedom of religion, and protection from discrimination.

Immutable Suffering: How The Bia’S Decision In Matter Of K-E-S-G- Complicates Asylum For Victims Of Gender-Based Persecution, Phoebe Appel

Immigration Law Blog

This article addresses the recent BIA decision in Matter of K-E-S-G-, which held that a social group defined by sex and nationality fails to meet the definition of a particular social group eligible for relief under U.S. asylum law. The article argues that while the issue of gender-based persecution is widespread, victims of such harm are united by a unique form of suffering and immutable characteristics. To offer an example of the distinct effects of gender-based persecution, the article highlights women in Eurasia who have been subject to forced marriages.

The Sovereign Acre, Match Dawson

Texas A&M Journal of Property Law

What if the next constitutional crisis is not declared from a presidential podium but tyranny forged into a deed? Not a contested election. Not a rogue legislature. Not even a runaway court. This time, it is quieter—with a deed signed and title passed, a new sovereign is crowned in private ink. Across the country, billionaire land grabs are redrawing the map of municipal governance itself. As wealthy elites and corporate oligarchs carve out private enclaves—from the privatized contract city of Sandy Springs, Georgia, to the unsettling governance of The Woodlands, Texas—we bear witness to public sovereignty giving way to …

Copyright Law And Property Law, Keith N. Hylton

Texas A&M Journal of Property Law

Property is at the core of state law since it is the exclusive power of the individual state governments to define and protect property rights within their jurisdiction. In this paper I will discuss the general connection between copyright and property generally. I will argue that property law sheds important light on copyright law and can help us cut through modern controversies in copyright law. If I am correct in this view, any judge sufficiently familiar with property law doctrines could do better than the Supreme Court of the United States in resolving a new copyright controversy. Specifically, property law …

Pore Some More: Current Legal Considerations Of Pore Space Ownership In Texas, Peter E. Hosey, Charles P. Hosey

Texas A&M Journal of Property Law

This article provides a comprehensive analysis of the legal landscape governing pore space ownership in Texas. It traces the evolution of Texas law from early uncertainty and conflicting case law—such as Mapco, Inc. v. Carter—to the Texas Supreme Court’s recent clarification in Myers-Woodward, LLC v. Underground Services Markham, which firmly establishes subsurface pore space as an attribute of the surface estate. The authors examine the practical implications of this rule, including the interplay between mineral and surface estates, the accommodation doctrine, and issues related to trespass, correlative rights, and contamination of native reservoirs. The article also explores ongoing legislative efforts …

Upcycled And Rightful: Navigating Trademark Law And The Circular Economy, Irene Calboli, Gabrielle Armstrong

Texas A&M Journal of Property Law

This Article elaborates on the practice of upcycling and argues that upcycling should be considered a lawful practice under current trademark rules in the United States. Upcycling is the process of taking existing products lawfully sold on the market, in most instances, used products, and giving these products a second life by adding additional elements and decorations or by using the still viable product parts to create new products altogether. Because of its focus on reusing existing products or product parts, the practice of upcycling has become increasingly popular, also because it promotes circular and environmentally friendly production practices. However, …

A Framework To Retrieve Relevant Laws For Will Execution, Md Asiful Islam, Alice Saebom Kwak, Derek E. Bambauer, Clayton T. Morrison, Mihai Surdeanu

UF Law Faculty Publications

Wills must comply with jurisdiction-specific statutory provisions to be valid, but retrieving the relevant laws for execution, validation, and probate remains labor-intensive and error-prone. Prior legal information retrieval (LIR) research has addressed contracts, criminal law, and judicial decisions, but wills and probate law remain largely unexplored, with no prior work on retrieving statutes for will validity assessment. We propose a legal information retrieval framework that combines lexical and semantic retrieval in a hybrid pipeline with large language model (LLM) reasoning to retrieve the most relevant provisions for a will statement. Evaluations on annotated will-statement datasets from the U.S. states of …

Presidentialism In Post-Conflict Kachin Constitution: Political Imagination, Institutional Realities, And Executive Design, Dashi Blessing Seng Htoi Lu

Maurer Theses and Dissertations

This thesis examines the relationship between cultural identity, political imagination, and constitutional design in the Kachin context, focusing on the strong preference for presidentialism among political thinkers and interim constitution drafters. Rooted in traditions of armed resistance, charismatic leadership, and the desire for visible sovereignty, presidentialism is widely viewed as the most viable executive model for a post-conflict Kachin future. Yet this preference is often shaped more by symbolic ideals than by a clear understanding of the structural demands of democratic governance.

At the heart of this vision lies the expectation of a strong president: directly elected, culturally rooted, and …

Administration And Faculty

University of the Pacific Law Review

No abstract provided.

The Myth Of Mark-To-Market Trader Taxation, Misunderstood, Misused, And Remedied, Simyllina Chen

University of the Pacific Law Review

No abstract provided.

Equality For All In Employment Law: Section 1981 And The Struggle For Equality Amongst Citizens And Non-Citizens, Rebekah Mar

University of the Pacific Law Review

No abstract provided.

The Loper Bright Ripple Effect: Brace For Impact, Small Businesses, Dominick Mendoza

University of the Pacific Law Review

No abstract provided.

The Native American Graves Protection And Repatriation Act As A Model Of Cultural Sovereignty For Protecting Indigenous Sacred Site, Michalyn Steele

Fordham Law Review

No abstract provided.

When The Taxpayers Are Not Innocent: The Need For Punitive Damages Against Municipalities Under The Fair Housing Act, Charlotte Saltzman

Fordham Law Review

Combatting housing discrimination by municipalities is a core function of the Fair Housing Act (FHA). Courts disagree, however, as to whether punitive damages can be awarded against municipal defendants. The purpose of this Note is twofold. First, it compares the Second Circuit’s recent decision in Gilead Community Services, Inc. v. Town of Cromwell, which held that punitive damages were appropriate against the Town of Cromwell, with the reasoning of district courts that came to the opposite conclusion in reliance on § 1983 precedent. Second, notwithstanding the sufficiency of the statutory analysis, it evaluates the public policy concerns of awarding …