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The Past As Prologue: How Historic Relations With The Federal Government Encouraged Foundations Of Resilience And Autonomy For The Metlakatla Indian Community During The Covid-19 Pandemic, Casey Skvorc, Michelle Watts, Kristin Drexler Feb 2025

The Past As Prologue: How Historic Relations With The Federal Government Encouraged Foundations Of Resilience And Autonomy For The Metlakatla Indian Community During The Covid-19 Pandemic, Casey Skvorc, Michelle Watts, Kristin Drexler

Journal of Indigenous Research

Historic relationships with the federal government, converged with the strong cultural heritage, autonomy and self-reliance of the Metlakatla Indian Community (MIC) created foundations for strategic resilience during the COVID-19 pandemic. Sentinel milestone events impacting the MIC during the 19th, 20th, and 21st centuries, initiated by the President of the United States, Congress, and the Federal Courts, are analyzed in the context of their impact and support of evolving tribal-centered development and enaction of protections for the MIC.

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How To Stop Employees From Stealing Your Trade Secrets: Shifting The Focus To Prevention And Mitigation, Spencer Rabe Feb 2025

How To Stop Employees From Stealing Your Trade Secrets: Shifting The Focus To Prevention And Mitigation, Spencer Rabe

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.

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Sources Of Our Liberties (Ed. Richard L. Perry, 1959), Francis T. Mccoy Feb 2025

Sources Of Our Liberties (Ed. Richard L. Perry, 1959), Francis T. Mccoy

Florida Law Review

No abstract provided.

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The Law Of Salvage (Martin J. Norris, 1958), Thomas C. Macdonald Jr. Feb 2025

The Law Of Salvage (Martin J. Norris, 1958), Thomas C. Macdonald Jr.

Florida Law Review

No abstract provided.

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State Boundaries Based On Manifestations Of Social Contract Theory In Indonesia, Novianto Sanjaya, Oemar Moechthar, Isyrofah Amaliyah Achmad, Millah Aldillah Achmad Feb 2025

State Boundaries Based On Manifestations Of Social Contract Theory In Indonesia, Novianto Sanjaya, Oemar Moechthar, Isyrofah Amaliyah Achmad, Millah Aldillah Achmad

Imam Ja'afar Al-Sadiq University Journal of Legal Studies

This article aims to analyze the boundaries of legal language Mala in prohibita through the theory of social contract that have been proposed by JJ. Rosseau that the country essentially arises from the existence of contractual relationships between communities to trigger the will and form a system called the state (a unionic pactum). Regarding the concept of social will is one of the things that determine how the birth of mala in SE or mala in prohibitum in Indonesia. The legal language in this case is used to study the extent to which the findings of science in modern language …

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Smart Contracts: A New Form Of Contract In Modern Day, Grace Emmanuel Kaka, Muhammad Helmi Md Said, Tinuk Dwi Cahyani, Alaa Basil Baqer Alfadhel, Sa’Adu Zungur Feb 2025

Smart Contracts: A New Form Of Contract In Modern Day, Grace Emmanuel Kaka, Muhammad Helmi Md Said, Tinuk Dwi Cahyani, Alaa Basil Baqer Alfadhel, Sa’Adu Zungur

Imam Ja'afar Al-Sadiq University Journal of Legal Studies

Smart contract as a new form of contract is recognized to provide speedy and efficient transactions. Eliminating textual ambiguities, cumbersome contractual terms, enables negotiations, verify terms and automatically enforce tempered-free contractual terms without the need for intermediaries. In traditional contract, contractual terms are written in formal language which are quite cumbersome, the process of concluding transactions is slow and requires the intervention of lawyers, banks, registry departments and the courts. Many jurisdictions including Nigeria are still carrying out contractual transactions relying solely on traditional contract despite advancement in technologies including Blockchain technology, Ethereum and use of cryptocurrencies like Bitcoin and …

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Internal Protection Mechanisms For Street Children, Rafel Ali Maneh, Ghazi Faisal Mahdi Feb 2025

Internal Protection Mechanisms For Street Children, Rafel Ali Maneh, Ghazi Faisal Mahdi

Imam Ja'afar Al-Sadiq University Journal of Legal Studies

The child is considered the basis for building societies, as it is the highest meaning that carries weakness and strength within it. The child cannot prevent dangers from him, and the childhood stage is one of the most dangerous stages of human life and the greatest in the formation of the individual’s personality. The child is weak and cannot meet his needs that guarantee him the continuation of life. To include the child in special care that affirms and protects his rights. The constitutions, laws, and domestic legislation of countries have been keen to ensure the protection of the rights …

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أثر عدم منطقية الحجج التي اوردتها المحكمة على السابقة الدستورية في العدول عنها, حنان صبري ناهي الجبوري, لؤي كريم عبد خضير Feb 2025

أثر عدم منطقية الحجج التي اوردتها المحكمة على السابقة الدستورية في العدول عنها, حنان صبري ناهي الجبوري, لؤي كريم عبد خضير

Imam Ja'afar Al-Sadiq University Journal of Legal Studies

The rulings of the constitutional judiciary are considered as judicial precedents that must be followed in all the remaining courts, because the rulings of these courts are binding on all state bodies. However, the constitutional judiciary can amend its judicial precedents and build a new opinion contrary to what it had previously ruled, and this is called reversal in the constitutional judiciary. One of the reasons for reversing it is that the court considers that the arguments it has previously presented in the case from which it has retracted are illogical. This research is about reversing the previous one because …

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وسائل المحاسبة البرلمانية للرقابة على أعمال السلطة التنفيذية (دراسة مقارنة) Parliamentary Accountability Methods For Controlling The Work Of The Executive Authority, أحمد عبدالسلام عبدالدائم Feb 2025

وسائل المحاسبة البرلمانية للرقابة على أعمال السلطة التنفيذية (دراسة مقارنة) Parliamentary Accountability Methods For Controlling The Work Of The Executive Authority, أحمد عبدالسلام عبدالدائم

Imam Ja'afar Al-Sadiq University Journal of Legal Studies

الرقابة البرلمانية تمارس من المجلس النيابي المنتخب للاطلاع على أعمال السلطة التنفيذية وسياستها العامة، ويتوقف مدى نجاح تلك الرقابة على كفاءة البرلمان، الذي يستطيع من خلال هذه الرقابة، أن يتابع أداء الجهاز الحكومي الذي يمكن بما يملكه من أمكانيات هائلة، أن يمس حقوق الاف ارد وحرياتهم . لذلك يمارس البرلمان رقابته من خلال وسائل المحاسبة المتاحة المتمثلة بالاستجواب والتحقيق للوصول إلى رقابة حقيقية فاعلة تجعل اختصاص السلطة التنفيذية في نطاق المبادئ الدستورية ودائرة المصلحة العامة . Parliamentary oversight is exercised by the elected Parliament to see the work of the executive authority and its general policy, and the extent of …

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الرقابة على السلطة التقديرية للإدار الضريبية في تفريد العقوبات الضريبية, نور عدنان داخل, سناء محمد سدخان Feb 2025

الرقابة على السلطة التقديرية للإدار الضريبية في تفريد العقوبات الضريبية, نور عدنان داخل, سناء محمد سدخان

Imam Ja'afar Al-Sadiq University Journal of Legal Studies

Tax crime is a social phenomenon that arises with human instinct. It is every positive or negative external activity that constitutes an attack on the interest of the public treasury in collecting its revenues and decided punishment. The tax legislator obligates those charged with fulfilling the tax obligations, whether stipulated in the Income Tax Law or the applicable Customs Law, to pay the imposed tax on in determined time and to submit the tax return and keep the commercial papers that reflect the nature of the activity and the amount of profits it earns from its activity and notify the …

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Self-Defence Under Customary International Law, Adamu Idris Tanimu Feb 2025

Self-Defence Under Customary International Law, Adamu Idris Tanimu

Imam Ja'afar Al-Sadiq University Journal of Legal Studies

The Charter of the United Nations was thought to establish a formative or detriment an international peace and security. According to the Article 51 of the United Nations Charter “Nothing in the present Charter shalom part inherent to individual or collective self-defense if an armed attack occurs.” However, Article 51 does not propose a legal definition of the conduction side deadnamed attack or the commencement of such an attack. As result of different constructions, thinner have been arising and continuing to change respond to seton new situations and threats

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The Objective Nature Of International Responsibility For Humanitarian Violations Using Prohibited Weapons, Yasir Hussein Ali Feb 2025

The Objective Nature Of International Responsibility For Humanitarian Violations Using Prohibited Weapons, Yasir Hussein Ali

Imam Ja'afar Al-Sadiq University Journal of Legal Studies

International legal thought distinguishes between interests, which are two interests of the state, the first of which is subjective and the second of which is objective. This distinction appears clearly in the texts of international agreements and treaties in which the objective nature is highlighted, as stated in the United Nations Charter, from its preamble to its scattered objective texts related to the preservation of international peace and security, to be set in other forms, including human rights and international humanitarian law. Today, public international law makes the violation of international obligations a basis for responsibility, whether those essential obligations …

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International Legal Protection For Human Rights Defenders, Nibras Ibrahim Muslim Feb 2025

International Legal Protection For Human Rights Defenders, Nibras Ibrahim Muslim

Imam Ja'afar Al-Sadiq University Journal of Legal Studies

Although the vast majority of countries today recognize human rights and fundamental freedoms and stipulate them in their constitutions and laws, the problem of respecting and protecting these rights remains in terms of application, and requires many mechanisms and guarantees that guarantee that respect, especially since the violation or preservation of those rights has begun to decline in the past. Most countries, especially those that are considered developing countries, do not, for the most part, respect the foundations of democracy, freedom, and equality, which has constituted an incentive for many individuals and active elites in society to work to defend …

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The Crime Of Family Neglect, Anas Mahmood K, Esraa Younis Hadi Feb 2025

The Crime Of Family Neglect, Anas Mahmood K, Esraa Younis Hadi

Imam Ja'afar Al-Sadiq University Journal of Legal Studies

The family is the natural cell of society, and it has the right to enjoy the protection of the state, and therefore all legislation is keen to protect it from any violation of its security and tranquility. Family neglect is a widespread phenomenon in all Arab and Western societies as well, as it threatens the entity of the family in particular and society in general, as it has Serious effects on the wife and children, especially since they are the vulnerable group that society has allocated for special treatment within the framework of criminal legislation, which was confirmed through the …

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Legal Regulation Of Care Labour, Saba Noaman Rasheed Feb 2025

Legal Regulation Of Care Labour, Saba Noaman Rasheed

Imam Ja'afar Al-Sadiq University Journal of Legal Studies

Old and relatively modern ideologies characterized by a radical (masculine) orientation have prompted civil social institutions and international organizations to pay attention, almost exaggeratedly, to the type of work that takes place in secret from the conventional systems of work and which is often surrounded by the walls of the narrow family and community space, which It is often shrouded in mystery, apart from work monitored by the state or what the state itself turns a blind eye to (care work), whether it is paid or unpaid. This hidden work has led to the loss of many of its workers …

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Weaponization Of Outer Space From The Perspective Of International Law, Mohammed Ismael Jumaah Feb 2025

Weaponization Of Outer Space From The Perspective Of International Law, Mohammed Ismael Jumaah

Imam Ja'afar Al-Sadiq University Journal of Legal Studies

As a result of the tremendous technological progress, outer space has become the new arena for the arms race between many countries, in addition to its militarization, especially after the increasing role of space systems in the field of military operations. Therefore, through this research, we will try to clarify the role of international legal rules related to space or those related to war, Regarding the weaponization of space, and the suitability of these rules and principles for the arms race between countries with space activities, especially the principle of peaceful use and exploitation of outer space, and the principle …

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Intellectual Property Easements, Ali Mutashar Abdel-Sahib, Zulfiqar Kadhim Mutair Feb 2025

Intellectual Property Easements, Ali Mutashar Abdel-Sahib, Zulfiqar Kadhim Mutair

Imam Ja'afar Al-Sadiq University Journal of Legal Studies

The concept of easement considers as exceptional legal concepts that has not received many scientific research despite its antiquity compare with other legal concepts. Easement in its prevailing concept is mostly in Latin jurisprudence and to a lesser extent in Anglo-American jurisprudence limited to real estate. Due exceptional of this term through its a right that limits the benefit of a particular property in favor or the benefit of another property and all the people need to deal with many of the daily incidents that occur to them through the use of things in general and not just real estate. …

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The Effectiveness Of The Legal Regulation Of Specialized Bodies In Combating Administrative Corruption, Saja Muhammad Abbas, Muhammad Mutshar Feb 2025

The Effectiveness Of The Legal Regulation Of Specialized Bodies In Combating Administrative Corruption, Saja Muhammad Abbas, Muhammad Mutshar

Imam Ja'afar Al-Sadiq University Journal of Legal Studies

The specialized anti-corruption bodies are among the most important oversight bodies that work to ensure the safety and protection of public funds in all fields. Oversight, in general, is considered a legal subject that took a long time to develop due to its great importance in protecting public funds. The law has arranged a set of steps to achieve this path. It is one of the competencies that help to activate its role on public funds, as the supervisory role is the result of the combined efforts of several factors, as the supervisory competencies constitute one of the building blocks …

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Responsibility Of Merchant Ships For Prohibited Activities On The High Seas, Taha Muhammad Hussein Feb 2025

Responsibility Of Merchant Ships For Prohibited Activities On The High Seas, Taha Muhammad Hussein

Imam Ja'afar Al-Sadiq University Journal of Legal Studies

The issue of the seas at the present time is one of the topics that are of interest to the international community in general and to specialized researchers in the field of international law in particular, given the industrial and economic development that the world has witnessed, the emergence of international trade, the development of maritime transport between the countries of the world, the facilitation of its procedures and means under international agreements, in addition to the discovery of wealth Natural seabeds and oceans that were not known before, so that they became an important economic resource for many countries, …

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Defending The Unconstitutionality Of Laws In Iraq -A Comparative Study-, Hussein Rahman Al-Fadhli Feb 2025

Defending The Unconstitutionality Of Laws In Iraq -A Comparative Study-, Hussein Rahman Al-Fadhli

Imam Ja'afar Al-Sadiq University Journal of Legal Studies

This topic deals with the issue of arguing that laws in Iraq are unconstitutional in terms of explaining the extent of the constitutional judiciary's competence to consider non-conformity of laws with the provisions of the constitution as the supreme law in the state, as well as procedures through the Federal Supreme Court

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The Constitutional Judiciary Is The Safeguards Of The Balance Between The Parliamentary Majority And The Opposition, Mukhlis Mahmoud Hussein Feb 2025

The Constitutional Judiciary Is The Safeguards Of The Balance Between The Parliamentary Majority And The Opposition, Mukhlis Mahmoud Hussein

Imam Ja'afar Al-Sadiq University Journal of Legal Studies

Our opening question for this summary is this: Under a majority that controls the legislative and executive branches, how can we preserve fundamental liberties and accomplish democracy in its purest form? Many nations base their legal systems on the Constitution, which is regarded as the highest and most sublime law. It clarifies individual rights and freedoms and provides constitutional guarantees for them. It also defines the state's organizational structure, form of government, public authorities and their powers, and the relationships between those authorities. It was essential to establish constitutional institutions so that each authority could carry out its responsibilities and …

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Social Media Between Freedom Of Expression And Criminalization, Rana Ammar Saeed Feb 2025

Social Media Between Freedom Of Expression And Criminalization, Rana Ammar Saeed

Imam Ja'afar Al-Sadiq University Journal of Legal Studies

The increasing use of social media in a variety of applications has become a breeding ground for criticism and bullying, which may interfere with freedom of expression; Although freedom of opinion and expression is one of the most important rights that a person enjoys, it is subject to a series of controls and restrictions that govern its practice in some way, especially with the multiplicity of platforms that allow individuals to express their opinions.There is no doubt that the abuse of the right to freedom of expression takes many forms, most notablyCalling for hatred (religious, racist, national) that constitutes incitement …

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The Right To The Protection Of Personal Data Under The Constitution Of The Republic Of Iraq For The Year 2005, شميم مزهر راضي Feb 2025

The Right To The Protection Of Personal Data Under The Constitution Of The Republic Of Iraq For The Year 2005, شميم مزهر راضي

Imam Ja'afar Al-Sadiq University Journal of Legal Studies

The “right to protect personal data” is one of the basic human rights, and it has been recognized by the United Nations to preserve the personal data of individuals from the risks that they may be exposed to, so it is necessary to protect personal data legally, by enforcing this right constitutionally, in addition to the legal guarantees for this The right, , so we decided to address this issue by researching the meaning of the right to protect personal data, and the characteristics of the right, and the position of the Constitution of the Republic of Iraq for the …

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The Positive Compatibility Between The Assignment Of The Contract And The Law Of The Contract Comparative Study With The French And English Laws, Zahraa Salman Enad, Jaliel Hasan Al-Saiedy Feb 2025

The Positive Compatibility Between The Assignment Of The Contract And The Law Of The Contract Comparative Study With The French And English Laws, Zahraa Salman Enad, Jaliel Hasan Al-Saiedy

Imam Ja'afar Al-Sadiq University Journal of Legal Studies

It is known that there are different legal principles that must be respected by the parties to the contract, because they constitute a law of the contract, and are represented in the principle of binding force, and the principle of relative effect, as the contractual obligations arising correctly take the place of the law, where they must be respected by the parties to the contract, not Cancellation or modification except with the consent of the parties, and since the assignment of the contract makes the transferor outside the contractual stage where a third party replaces him in the contractual bond …

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Commitment To Renegotiate The Composition Of The Amended Contract, Ali Hussein Dwayyeh Feb 2025

Commitment To Renegotiate The Composition Of The Amended Contract, Ali Hussein Dwayyeh

Imam Ja'afar Al-Sadiq University Journal of Legal Studies

The main reason for the formation of the amended contract is the change in the circumstances surrounding the basic contract, so that the implementation of the contract for one of its parties is cumbersome, especially in long-term contracts whose parties desire a measure of stability in their transactions, as in concession contracts, supply contracts, contracting contracts and insurance contracts, which are subject to change The surrounding circumstances, which will affect the elements of the contract and the obligations of the contractors will be affected accordingly. The change of circumstances surrounding the contract that are diverse as a result of the …

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The Consumer's Right To Withdraw From The Electronic Sales Contract, Ahmed Tooj Auda Feb 2025

The Consumer's Right To Withdraw From The Electronic Sales Contract, Ahmed Tooj Auda

Imam Ja'afar Al-Sadiq University Journal of Legal Studies

The right to withdraw from the contract is a legislative right of the consumer, which can be exercised within the period specified for it, and within the controls established for it, and when exercising it restores the situation to what it was before the contract, it lies in protecting the consumer from fraud and haste in concluding the contract without full knowledge of the Contract content. The consumer is the axis around which all the legal texts contained in consumer protection laws revolve, and he is the direct reason for the legislation that restores the balance between him and the …

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The Rights Of The Accused When Arrested And Questioned By Members Of The Judicial Police, ابابيل صالح مهدي Feb 2025

The Rights Of The Accused When Arrested And Questioned By Members Of The Judicial Police, ابابيل صالح مهدي

Imam Ja'afar Al-Sadiq University Journal of Legal Studies

This study is summarized about the abuse of judicial officers in business entrusted to them by the law, by defining the judicial police and those in charge of it, and what their duties are towards the accused when investigating a crime, and the measures taken in the flagrant crime by granting them the authority to investigate Exceptionally, taking into account the rights of the accused in terms of arrest, search and entry to dwellings, the use of physical and moral means of torture is also prohibited for the accused and forcing him to answer the questions addressed to him. Most …

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Opec's Strategies To Control World Oil Prices And Their Impact On The Stability Of The Iraqi Economy, حميدة علي جابر Feb 2025

Opec's Strategies To Control World Oil Prices And Their Impact On The Stability Of The Iraqi Economy, حميدة علي جابر

Imam Ja'afar Al-Sadiq University Journal of Legal Studies

Oil occupies an important and essential position within the world economies, as it represents a global strategic commodity and an essential raw material in the chemical and petrochemical industries, and it is also versatile in either industry or agriculture, in addition to its uses in the daily life of man, which made it an important place within the frameworks of international trade. And a special site in shaping the economic map of the world, and this research came to shed light on OPEC's strategies to control global oil prices and their impact on the stability of the Iraqi economy, this …

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Breaking Boundaries: A Critical Trans Framework Analysis Of Anti-Transgender Sports Policies In Education, Tori Porter, Briana A. Savage, Dresden June Frazier Feb 2025

Breaking Boundaries: A Critical Trans Framework Analysis Of Anti-Transgender Sports Policies In Education, Tori Porter, Briana A. Savage, Dresden June Frazier

Journal of Queer and Trans Studies in Education

This policy analysis examines the impacts of anti-transgender sports legislation on K-20 transgender students through a critical trans framework. We investigate how anti-transgender laws enforce gender norms and intersect with other forms of oppression, such as racism and ableism, affecting multi-marginalized transgender students in sports and limiting access to a well-rounded education. Epistemic injustice is revealed, as these policies disregard transgender students' experiential knowledge and involvement in decision-making processes. Findings indicate that anti-transgender sports policies impact students at individual, institutional, and cultural levels, perpetuating discriminatory practices and reducing access to gender-affirming spaces and supportive adults. We argue for inclusive, evidence-based …

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The Difference In Practice Papers And Scholarship: We Publish The Latter, Sally Ashton-Hay, Bianca Coleman, Miriam Sullivan, Cathy Mae Toquero Feb 2025

The Difference In Practice Papers And Scholarship: We Publish The Latter, Sally Ashton-Hay, Bianca Coleman, Miriam Sullivan, Cathy Mae Toquero

Research outputs 2022 to 2026

The differences between regularly published practice papers and evidence-based Scholarship of Teaching and Learning (SoTL) manuscripts as preferred publications are outlined and discussed in this editorial. By examining the literature and backstory of SoTL, clear guidelines for well-designed research studies supported by evidence provide compelling reasons for SoTL papers to contribute to international knowledge, change thinking, advance practice in higher education and meet the aims of scholarly academic journal. The types of evidence that can be used are described, and a practical checklist for authors to benchmark their manuscript against SoTL principles is also offered as a hands-on tool for …

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