Digital Commons Network^™

Direct Representation And Negotiorum Gestio In Scots Law, Jonathan Brown

Journal of Civil Law Studies

The Scottish Court of Session recognized, in 1887, that “it is a frequent case, if a man is not able to manage his affairs, and has a relative who is willing to take the responsibility, there are many instances in which, without their coming to the court… the management goes on with his assistance.” This being an arguably frequent occurrence has not resulted in it being a commonly litigated occurrence, and the topic of law engaged by this state of affairs—negotiorum gestio—is critically understudied within Scotland (and, arguably, other Civilian and mixed legal systems). Like Louisiana, Scotland is a ‘mixed’ …

The Creation Of Immovable Real Rights By Testament In Kosovo: A Comparative Approach, Bedri Bahtiri, Kastriote Vlahna

Journal of Civil Law Studies

The establishment of real rights over immovable property constitutes a central issue in contemporary civil law. This paper investigates whether a testament (testamentum) may function not merely as an instrument for the mortis causa transfer of existing real rights but also as a juridical title (titulus iuris) capable of constituting new real rights (constitutio iuris). The analysis emphasizes the doctrinal distinction between the transfer of ownership (translatio dominii) and the creation of rights (constitutio iuris) within the legal framework of Kosovo, further examined through a comparative lens with the German Bürgerliches Gesetzbuch (BGB) and the French Code Civil.
Drawing on …

Digital Surveillance In Remote Work In Ukraine: Privacy And Labor Law, Olena Sereda, Olena Ye. Lutsenko, Dmytro Sirokha, Liubov Kotova, Iliana V. Zinovatna

Journal of Civil Law Studies

This study aims to examine the balance between employers’ rights to monitor employee performance and employees’ rights to privacy in the context of remote work, emphasizing the transformation of labor relations under the influence of digitalization, the COVID-19 pandemic, and martial law in Ukraine.
The research applies comparative legal analysis, synthesis, induction, and deduction to explore international experiences, particularly those of the EU and the United States, and their applicability to Ukrainian labor legislation. The methodology integrates doctrinal legal research with an interdisciplinary perspective on digital governance and employment law.
The paper reveals a significant gap in Ukrainian labor law …

Jurisprudential Approach To The Concept Of Intent In Greek Law 3869/2010 (Personal Bankruptcy) With Comparative Perspectives, Andreas-Nikolaos Koukoulis

Journal of Civil Law Studies

Under Law 3869/2010 in Greece, fraud plays a central role in determining eligibility for debt relief. The law aims to protect individuals from banking practices that have led them to over-indebtedness, except for those who know they cannot or do not wish to repay their debts. Fraud is defined as a subjective element that must be proven by the creditor, highlighting behaviors such as willful avoidance of payments despite having the means to do so. The evaluation of the debtor's actions is examined for intent, particularly considering factors such as the debtor's lack of experience or understanding. Greek courts emphasize …

Collaboration, Coopération Et Intérêt Commun : La Fluidité De L’Exigence De Bonne Foi En Droit Égyptien Et Français Des Contrats, Rana Mohammad Safi

Journal of Civil Law Studies

Le contrat, étant la source d’obligation primordiale dans la société, a connu une évolution remarquable depuis le XIXe siècle. Créant des obligations réciproques, le contrat peut être perçu sous un prisme antagoniste, chaque contractant veillant à ses propres intérêts avant les intérêts du cocontractant. Cependant, le droit des obligations connut une émergence des devoirs contractuels, notamment avec l’introduction de la bonne foi, renforcée au cours du temps pour inclure, en plus de l’honnêteté, les devoirs d’information, de loyauté et de coopération. Certains ont même considéré que cette évolution a conduit à une « crise du contrat » affaiblissant le fondement …

Restrictions For The Modern-Day Child: Act 456, No. 162, Implementing Social Media Restrictions For Minors Under 18 In Louisiana, Elizabeth Kelone

Journal of Civil Law Studies

Student Note

Act 464 Of The 2023 Regular Session: Prohibition On Acquisition Of Immovable Property By Foreign Adversaries, Miguel Savoy

Journal of Civil Law Studies

Student Note

Family Court Proceedings In Baton Rouge, Charlotte Chapel

Journal of Civil Law Studies

Student Note

Cover, Masthead & Contents

Journal of Civil Law Studies

Contents

Complete V. 18.1

Journal of Civil Law Studies

Complete Issue

Clark V. Marin, 142 Nev. Adv. Op. 47 (July 2, 2026), Francesca Manz

Nevada Supreme Court Summaries

The Nevada Supreme Court held that contingency fees are incurred as work is performed, requiring NRCP 68 attorney-fee awards to exclude pre-offer work, and that a judgment debtor’s claims against an insurer become assignable when final judgment is entered.

Lytle Trust Et Al V. Gerry R. Zobrist & Jolin G. Zobrist Family Trust Et Al, 142 Nev. Adv. Op. 50 (July 2, 2026), William Mcadorey

Nevada Supreme Court Summaries

Under NRS 22.100(3), attorney fee awards under the lodestar method are generally calculated using the billed rate the prevailing party is actually charged, absent distinct circumstances.

What The Supreme Court Didn’T Answer About Trump’S Section 301 Tariffs |, Marc L. Busch, Barry Appleton

Other Publications

No abstract provided.

Rocha V. State Of Nevada, 142 Nev. Adv. Op. 48 (Jul. 02, 2026), Rocco Marino

Nevada Supreme Court Summaries

A petitioner may file a new petition for judicial review of an adverse agency ruling following a district court’s remand of the matter and final administrative proceedings.

An Evaluation Of The “Police Response To Uncrewed Aircraft Systems Operations” Online Training Program, Anthony Galante, Leila Halawi

Publications

This study evaluates the impact of the “Police Response to Uncrewed Aircraft Systems Operations” online training program of officers from the Daytona Beach Police Department (DBPD). By measuring the effectiveness of the training through pretest and posttest assessments and considering variables such as educational background, length of service, and rank, this research underscores the training’s potential to enhance UAS response capabilities. Employing a self-selection sampling method, the study engaged 82 voluntary participants from the DBPD, revealing significant improvement across all groups in UAS knowledge and confidence levels. Despite limitations, these findings offer compelling evidence of the training’s efficacy and advocate …

The Ten Commandments Cases And The Move Towards The Concrete In Establishment Clause Jurisprudence, Eric Rassbach

Journal of Catholic Legal Studies

(Excerpt)

First of all, thank you very much, Professor Movsesian, the Mattone Center, and St. John’s for inviting me here to speak today on what I believe is a very important issue. I will also say that I share Chris’s opinion that it’s great to work with him. He actually wrote a very compelling brief in our case at the Supreme Court called Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC back in 2012. That was the only brief mentioned by Justice Breyer during the argument, and it was also the only one cited in the Court’s unanimous decision. So, …

Religious Liberty And The New Ten Commandments Cases, Christopher C. Lund

Journal of Catholic Legal Studies

(Excerpt)

Thanks for having me. I’m grateful to St. John’s, the Mattone Center, and Professor Movsesian for the invitation. I’m glad to be here with Eric, whom I admire greatly. I’ve worked with Eric and Becket on several projects, and we see some things quite similarly. But on these issues, we see things differently, which I hope will make for good conversation.

Religious liberty is one of America’s great contributions to the world. Centuries ago, religious liberty brought an end to the war of religion. And in our modern society, religious liberty enables people to live together with fundamentally different …

Soft Establishment, Religious Education, And Stone V. Graham, Christopher C. Lund

Journal of Catholic Legal Studies

The Supreme Court has said the Establishment Clause should be interpreted in light of history and tradition. This Essay adds to the historical conversation by highlighting an overlooked dimension of religious establishment. Many recent decisions and commentary treat coercion as the central feature of establishment, often drawing on Michael McConnell’s identification of six common features of religious establishments. But McConnell’s categories were never meant to be exhaustive, and coercion alone cannot explain important parts of the historical record.

Religious education was central to religious establishment. Established religions took deliberate measures to secure the intergenerational transmission of the faith, a task …

Courts, Science, And The Problem Of Accountable Knowledge: A Review Of Judicial Policy Making, Empirical Data And Scientific Evidence: Can Courts Manage The Twenty-First Century?, Rishabh Kachroo

Indian Journal of Law and Technology

This review reads Rob van Gestel, Jurgen de Poorter, and Edward L. Rubin’s edited volume titled Judicial Policy Making, Empirical Data and Scientific Evidence: Can Courts Manage the Twenty-First Century? as a timely intervention into the evidentiary and institutional demands placed on contemporary courts. It argues that the volume’s key contribution lies in treating courts as knowledge institutions and its strongest suit lies in showing the limits of judicial intuition, anecdote, and inherited legal categories in dealing with such disputes. While the volume is left wanting in its account of knowledge accountability, it would nonetheless be important for scholars of …

When Brand Image Stabilizes Uncertainty: Towards Digital And Inclusive Strategies Based On Artificial Intelligence, Rhita Serir, Raja Temnati

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

In a context of profound transformation, contemporary marketing is evolving rapidly under the combined influence of digital transformation, artificial intelligence and Generation Z, whose behaviours are redefining consumption and communication norms. At the same time, the COVID-19 pandemic, global recession and market instability have increased the complexity and uncertainty faced by businesses. Strategic decision-making is becoming increasingly complex as technological tools multiply and consumer expectations diversify. Brand managers must therefore maintain coherence, relevance and credibility in unstable environments. Digital marketing emerges as a key strategic lever: integrating digital tools and artificial intelligence into communication and positioning strategies can improve audience …

The Effect Of Environmental Frugal Innovation On Consumers’ Eco-Responsible Behaviour In Togo, Preabalo Essokobré N’Danida, Doman Gnoufougou

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

This research examines the effect of environmental frugal innovation on consumers' eco-responsible behaviour. A mixed approach was adopted, using a questionnaire and a non-probability convenience sampling technique. Structural equation modelling results show that three dimensions—cost efficiency, functional simplicity and local embeddedness—have a positive and significant effect on consumers' eco-responsible behaviour, validating the corresponding hypotheses. By contrast, environmental impact and social impact do not show significant effects. The study concludes by identifying limitations and suggesting future research directions, particularly on how accessible and locally adapted innovations can encourage more responsible consumption in developing countries.

Human Capital, Gender And Labour Market Duality In Morocco: A Comparative Analysis Of Wage Earners And Non-Agricultural Self-Employed Workers, Zineb Nahmed, Malika Nahmed, Abdeljaoaud Ezzrari

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

This article provides a comparative analysis of the socioeconomic situation of wage earners and non-agricultural self-employed workers in Morocco, based on data from the 2019/2020 National Survey on Sources of Income. Drawing on human capital theory, labour market segmentation, the institutional approach to informality and gender theories, the study highlights the inequality dynamics shaping access to employment, social protection and income. The results show that human capital has a positive effect on income, but that this effect is stronger among wage earners than among self-employed workers, who are often confined to informality. Labour market duality is particularly marked between formal …

Women Managers And Employee Well-Being In Guinea: What Role Does The Iglo Model Play In Workplace Resources?, Zinsou Daniel Nakou, Fatoumata Ibrahima Camara, Ibrahima Bah, Serge Francis Simen Nana

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

This research examines the impact of women managers on employee well-being through a mediation model introducing the IGLO framework of workplace resources at the individual, group, leadership and organizational levels. The study adopts a quantitative hypothetico-deductive approach using data collected from 100,000 observations between 2022 and 2024 and processed with SPSS. The results show that a higher proportion of women managers is associated with improved employee well-being, notably through reduced work stress, higher work engagement, greater job satisfaction and stronger workplace cohesion. More broadly, women managers can act as agents of change by improving workplace resources at several levels, including …

Islamic Fintech And Financial Inclusion In Morocco: Perceptions, Uses And Prospects, Inas Bennani, Said Lotfi

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

Islamic FinTech is considered a potential lever for financial inclusion. This study identifies the factors that hinder or promote its development in Morocco. Using a mixed methodology, an online questionnaire was completed by 70 professionals from the financial, technological, institutional and academic sectors. Quantitative data were processed using SPSS, while responses to open-ended questions were analysed thematically using the framework proposed by Braun and Clarke (2006). This dual approach demonstrates the potential of Islamic FinTech in Morocco in terms of inclusion, particularly among entrepreneurs and women. The results point to barriers to adoption, including limited financial education, inadequate regulation and …

Associative Activists’ Engagement And The Professional Inclusion Of People With Disabilities In Morocco: Challenges And Prospects, Ahmed Belgaid

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

The professional inclusion of people with disabilities requires the involvement of several stakeholders whose contribution remains underexplored in the Moroccan context. This research highlights the role of non-profit organizations as partners in implementing inclusion policies for people with disabilities. In Morocco, given the lack of professional structures offering support services to companies, candidates and employees with disabilities, working with non-profit organizations appears to be a relevant alternative. Based on an exploratory qualitative methodology, the study examines the contribution of associative actors to the professional inclusion process and the role they play in facilitating recruitment, integration and retention. The results show …

Microfinance And Financial Inclusion: A Multilevel Analysis Of Barriers Related To Repayment Delays According To Individual And Regional Profiles – The Case Of Al Amana Microfinance, Meryem Massine, Hajar El-Mahdad, Youssef Bouazizi

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

This article examines the determinants of repayment delays in Moroccan microfinance using an original administrative database of 476,145 borrowers financed by Al Amana between 2010 and 2022. Combining count models and a multilevel approach, the analysis shows that repayment discipline results from a combination of individual, contractual and territorial factors. The findings indicate that women, older borrowers, more educated clients and borrowers with accumulated credit experience have significantly fewer arrears, while larger loan amounts, some marital profiles and agricultural activities increase the risk of delay. The multilevel model shows that 6.49% of the variance in arrears is explained by regional …

Towards Broader Responsibility? A Quasi-Experimental Analysis Of The Effect Of Foreign Ownership On Corporate Social Practices In Morocco, Youssef Bouazizi, Adil Cherkaoui, Mohammed Ghazouani

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

This article examines the impact of foreign ownership on firms' social performance in Morocco, a context marked by increasing non-financial requirements and an institutional framework still under development. Using World Bank Enterprise Survey data for 2013, 2019 and 2023, the study builds a composite social performance index focused on gender equality, continuous training and human capital development. To address selection bias linked to foreign ownership, the study applies propensity score matching to estimate the average treatment effect. The findings show that firms partially or majority-owned by foreign investors have significantly higher levels of social performance than comparable domestic firms. This …

Sustainable Solutions For Food Security In Djibouti: A Renewable Energy Initiative, Michaëlle Arielle Kouakep Tsoh, Tsoh Ekassi Gilbert, Thierry Césaire Kenmogne, Brice Pinga Tcheugoué, Justin Kouamo

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

According to the World Bank Group, East African countries have fragile food systems and low agricultural production. Djibouti is among the most undernourished countries in Africa and is severely affected by freshwater scarcity. Households regularly face climatic shocks and high electricity costs. This literature review characterizes Djibouti’s food systems and food security situation, identifies and analyzes renewable energy technologies implemented to improve food security in the local context, and presents renewable technologies as sustainable solutions to food insecurity. The results show that rural households are more likely to be food insecure and that the Djiboutian government promotes sustainable energy solutions. …

Reconfiguring Civil Society Organization Governance Models For Social Inclusion And Sustainable Innovation: Practical Contributions Of The Tamuri Programme, Oussama El Hadfi, Mostafa Kharbachi

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

Today, civil society organizations (CSOs) play a decisive role in promoting social innovation and reducing inequalities, particularly in disadvantaged territories. Aware of their potential, several support and guidance schemes have emerged to strengthen their impact. The Tamuri programme, led by the Moroccan Center for Innovation and Social Entrepreneurship (MCISE) and co-funded by the European Union, is part of this dynamic through structured and personalized support for CSOs from diverse territorial contexts. Despite these efforts, many organizations still face difficulties related to governance, financial structuring and the sustainability of their actions. This article aims to analyze, through an empirical approach and …

Comparative Approach To Inclusion Models In Social Policies In Mena Countries, Taoufik El Idrissi, Omar Raji, Zouhir Tassi, Anas Ouachani

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

Social inclusion policies in Global South countries vary widely according to political choices, historical contexts and development models. This paper provides a comparative analysis of inclusion models in social policies in the MENA region, drawing on human development theories and comparative institutionalism. It discusses three main paradigms: universalist inclusion, targeted inclusion and capacity-based inclusion. The analysis shows how inclusion logics are shaped by international agendas, internal political configurations and interactions between civil society and public actors. It also highlights the strengths and limits of each model in reducing social inequalities and opens a discussion on hybrid, locally grounded inclusive policies.