Law Commons^™

Some Questions Of Application Of The Rules Of International Jurisdiction, Jahongir Allayorov

Review of law sciences

This article examines some issues related to the application of private international law. Applying the rules of national jurisdiction to the rules of private international law does not justify itself from a legal point of view. The article analyzes the norms of private international law and civil procedure law, problems and ways to solve them in this area.

Legal Cooperation Of Cis Countries In The Fight Against Illegal Traffic Drug, Djamaliddin Musaev

Review of law sciences

This article examines the international legal cooperation of the member states of the Commonwealth of Independent States in the fight against drug trafficking. The article analyzes the work to create effective regional international legal mechanisms to combat the illegal distribution of drugs, among which the interaction of states in the framework of the Commonwealth of Independent States occupies a special place. The experience of bilateral and regional cooperation of states in the fight against drug trafficking, analysis of the legal basis of cooperation in states within the framework of the Commonwealth of Independent States was studied. The author focuses on …

On Issues Of Application Of Sharia Rules Related To Islamic Finance In The Courts Of Uzbekistan, Akhadjon Khakimov

Review of law sciences

In this article, we focus on the nature of Islamic financial contracts and their features from the contracts which are available in the domestic legislation of Uzbekistan. Moreover, current article also examines how possible disputes could be solved in domestic courts based on the Uzbekistan’s choice of law as in many cases Islamic banks tend to put Sharia law as a choice of law in those contracts.

Issues Of Legal Liability For Violation Of Flora Legislation, Durbek Mahkamov

Review of law sciences

In this state, the legal community of the state cadastral object of the plant world is analyzed. Thus, the current state of legislation, science and the theoretical views of scientists, and questions of improving legislation in this area were studied in detail.

Ecological And Legal Protection And Use Of Cultural Heritage In The Republic Of Uzbekistan, Zhumanazar Khalmuminov

Review of law sciences

This article discusses the environmental and legal protection and use of cultural heritage in the Republic of Uzbekistan, as well as analyzes the current state of cultural heritage, proposes a scientific, theoretical and practical proposal for improving this industry.

Forms Of Legal Protection Of The Rights And Interests Of Entrepreneurship Subjects, Oybek Kamalov

Review of law sciences

The article describes the forms of administrative and legal protection of the rights and interests of entrepreneurship subjects. The author analyzes the protection of the rights and interests of entrepreneurship subjects by various subjects. The article explores the forms and types of judicial and non-judicial protection of the rights and interests of entrepreneurship.

Current Status And Development Prospects Of Environmental Regulatory System (Historical And Legal Analysis), Nariman Rajabov

Review of law sciences

In this article analyzes the issues of further improving ecological standardization system, with special attention paid to the important question of how the procedure for establishing environmental standards. This issue is discussed in the historical and legal, theoretical and scientific aspect, and justifies the author's suggestions.

Problems Of Liability Of Controllers Of Corporations To Creditors In Uzbek Law, Utkirbek Kholmirzaev

Review of law sciences

This article discusses the distribution of liability risks of shareholderss and other controlling persons on corporate liabilities. Given the analysis of ex post and ex ante model of control over distribution of risks of civil turnover participants in common law and continental legal traditions. Also, considered problems of shareholders' liability on obligations of corporations in the Republic of Uzbekistan. A shareholder shall be held liable on a subsidiary basis for the obligations of the legal entity in case of insolvency, as a result of the member's wrongful acts. However, some mechanisms of such liability do not allow to resolve the …

Organizational And Legal Issues Of Digital Public Administration In The Sphere Of Customs In The Republic Of Uzbekistan, Elyor Rahmatov

Review of law sciences

In this article, the author analyzes the legal issues of organizational and legal issues of digital public administration within customs authorities of the Republic of Uzbekistan, the essence of reforms in ensuring the economic security of the country with the widespread use of information and communication technologies in the activities of customs authorities.

Models Of The Anti-Corruption Body In Foreign Countries: Positive And Negative Aspects, Qunduz Rozimova

Review of law sciences

This article examined the multifunctional, preventive and law enforcement models of state bodies of foreign countries to combat corruption and the author analyzes their positive and negative features. Based on the experience of foreign countries, proposals and a recommendation have been developed to organize the activities of the anti-corruption body in Uzbekistan, proposed in the Message of the President of the Republic of Uzbekistan Shavkat Mirziyoyev to the Chambers of the Oliy Majlis on January 24 of this year.

Criminological Characteristics Of The Offender Who Committed A Crime In A State Of Affect (Strong Mental Excitement), Komil Khakimov

Review of law sciences

This article describes the identity of the offender, which the author considers as a criminological element of crimes committed in the state of passion. It contains a detailed analysis of the marital status of the offender, psychological symptoms, circumstances that led to the commission of the crime. The author's conclusions on the factors determining the personality of the offender who committed the crime in a state of passion are put forward in the article

The Role Of A Prosecutor In Guaranteeing The Rights And Freedoms Of Participants In Criminal Proceedings, Dildora Bazarova

Review of law sciences

The purpose of the article is to consider the point of view on the need to change the procedure for the formation and introduction of restrictions on the powers of the prosecutor's office to make decisions affecting the rights and freedoms of citizens in criminal proceedings. According to the author, among the international experts’ recommendations, the proposals on strengthening public control measures including the participation of civil society representatives in addressing the career growth of prosecutors are of particular interest. These measures will contribute to a more objective assessment of personal and business qualities, as well as the results of …

Regulatory Impact Assessment Issues Of Legal Acts On Entrepreneurial Activity, Каkhramon Abdullayev

Review of law sciences

the article considers the concepts of assessing the effectiveness of legislation, its impact on the entrepreneurial activity, issues of its evaluation, ongoing works in our country in this direction, practice of assessing the impact of legislation in foreign countries and proposals in this regard.

The Licensing Of Activities Of Investment Funds, Alisher Jumagulov

Review of law sciences

This article analyzes the issues of licensing the activities of investment funds. It was proposed to define the range of attracting investments with the public and license their activities on the same terms. In the course of the analysis, uncertainties in the legislation were identified and proposals were put forward to eliminate them.

Criminological Description Of Crimes Related To Terrorism And Their Causes, Jamshid Ibrohimov

Review of law sciences

Terrorism is the most dangerous and difficult vocation of our time. In order to solve this social problem, it is necessary first of all to know exactly what terrorism is, its plot, essence, why and by whom it is used as a tool in the fight against terrorism. It is worth noting that now the fact that the identity of the terrorist was not described as a Fox, is one of the main problems in science. In this case, it is also very important to pay attention to the various data on the delivery of mercenaries maksad in the case …

Features Of Voluntary Refusal In Criminal Attempt, Dildora Kamalova

Review of law sciences

Voluntary refusal is directly interrelated with the stages of the commission of the crime, since the correct determination of stage of the refusal can possibly serve as the basis for exemption from criminal liability or conviction. In this regard, the author analyzed the possibility of a voluntary refusal at the stage of a completed and/or inchoated criminal attempt, which is one of the controversial issues of criminal law. Based on the analysis of the theory of criminal law and legislation, the author suggested the possibility of voluntary refusal at the stage of the attempt of finished assassination.

The Humanism Of The Uzbek People During The Second World War, Hakimali Azimov

Review of law sciences

The article presents the best qualities of the Uzbek people, such as generosity, humanism, courage during the Second World War. Serious and ongoing assistance was provided to those who were deported to Uzbekistan. Before the peoples of the world, the Uzbek people have demonstrated their strength and resistance to testing. The article focuses on the courage of Shoahmad Shomakhmudov, Hamid Samadov and others. Based on the facts, we tried to show how our compatriots, pushing aside their family difficulties, sorrows and sorrows, showed their humane qualities inherent in the Uzbek people.

A New Stage Of Introducing Artificial Intelligence In Society, Minovvarkhon Yunusova

Review of law sciences

this article describes the theoretical and practical foundations of the application of digital technology and artificial intelligence in society. The problems of using artificial intelligence in the decision-making process are analyzed. Suggestions and recommendations on the application and improvement of artificial intelligence are given.

Working On A Literary Text While Teaching Russian In The National Audience Of Law Faculties, Nasiba Niyazova

Review of law sciences

The article considers the need to use a literary text in the study of the Russian language. This will optimize the educational process and improve the quality of education and teaching in the national audience.

Sister Helen Prejean And The Death Penalty: Decades Of Fighting Capital Punishment, University Marketing And Communications, Helen Prejean

DePaul Download

Sister Helen Prejean has dedicated her life to opposing the death penalty after she witnessed an execution in her home state of Louisiana. Her efforts have sparked a national dialogue on capital punishment and she has helped shape the Catholic Church’s position on the topic. In 2011, she donated her personal archives to the university to help the DePaul community continue to learn from her work. On this episode of DePaul Download, Sister Helen talks about life’s work and what keeps her going.

Dispute Prevention And Early Dispute Resolution Framework, John Lande

Faculty Blogs

This post explains how lawyers can help clients use dispute prevention and early dispute resolution procedures, and it provides a general framework including dispute prevention.

Marielle Franco, Rhaissa Sanches

Faculty Curated Undergraduate Works

Marielle Franco was a Black, Brazilian activist (1979-2018) who rose from the favelas (poor areas) of Rio de Janeiro to be elected as a councilwoman in Rio's election of 2016. Franco was known for exposing the violence waged in the favelas by Brazil's military and police under the "pretense of maintaining law and order," as well as how the militia wields power over those who live in the favelas. In addition to detailing Franco's life, activism and death, this paper also explains the history and development of the favelas in Rio de Janeiro, as well as the negative attitudes held …

Political Scientist Christina Rivers: Restoring The Fundamental Right To Vote, University Marketing And Communications, Christina Rivers

DePaul Download

A democracy that’s truly representative of the people depends on the people to exercise their right to vote. There are some groups of people, however, who regularly don’t vote—because they don’t know they’re eligible. Contrary to popular belief, in Illinois, a convicted felon regains eligibility to vote as soon as he or she leaves a corrections facility. Anyone awaiting trial in jail is eligible to vote, too. DePaul political scientist Christina Rivers, an expert in voting rights and a DePaul Presidential Fellow, helped pass legislation to provide voter education to soon-to-be released inmates. In this episode, she discusses these initiatives, …

A Creative And Poetic Approach To Creative Commons License Education, Nicolas Pares, Jenelys Cox

University Libraries: Staff Scholarship

A presentation given at the Kraemer Copyright Conference on June 12, 2019.

This set includes one slide deck and one handout. The slides reference works and handouts available at https://digitalcommons.du.edu/libraries_staff/2.

What Is A Game Of Chance? An Application To Loot Boxes, Wessel Oomens

International Conference on Gambling & Risk Taking

The traditional landscape of games of chance such as lotteries, betting, casinos and slots has become intertwined with complex financial products as well as digital games with elements of chance.

The Netherlands Gambling Authority has issued a guidance paper outlining a five-step decision process in order to determine whether a game classifies as gambling:

• Threshold: is the number of providers, players and the amount money involved considerable enough to warrant spending resources in assessing the game?
• Overlap: is there potential overlap with other rules and regulations, in particular those governing financial products?
• Prize: does the game award its winners with …

Entrepreneurial Law, Brian Krumm, George Kuney

College of Law Faculty Scholarship

This text is designed to provide insight into the transactional legal needs of the entrepreneur. It is written to provide both business and law students with a foundational understanding of the doctrinal areas of the law that impact the entrepreneurial endeavor. Substantively, coverage begins with taking the entrepreneur from the initial business plan through choice of business entity and corporate governance considerations. It then moves to address the use, analysis, and drafting of transactional documents typically used in the conduct of business. This is followed by chapters covering applied intellectual property law and protection of intellectual property. Coverage concludes with …

Amazon Goldcrest Project And The Relevance Of Comparability Analysis Under The Arm's Length Principle, Reuven S. Avi-Yonah

Articles

The arm’s length principle, which has long been the guiding rule in the area of transfer pricing, in recent years is increasingly challenged. One of the focus points of discussion is the comparability analysis of intra-group and independent transactions. Especially intangibles do not lend themselves to such analysis, because they are unique in a way that does not match with existent market equilibria. The analysis of the Amazon case in this article reflects this argument.

What The African Continental Free Trade Agreement Protocol On Dispute Settlement Says About The Culture Of African States To Dispute Resolution, Olabisi Akinkugbe

Articles, Book Chapters, & Popular Press

An effective Dispute Settlement Mechanisms (DSM) upholds a rules-based trade regime; enunciates, clarifies and develops the jurisprudence of its constituent trade agreement; and also ensures predictability in the trading regime. Article 20 of the African Continental Free Trade Agreement (AfCFTA) establishes the DSM. The AfCFTA Protocol on Dispute Settlement (“Dispute Protocol”) provides for the rules and procedures for the settlement of disputes. Unlike the majority of the African regional economic community courts that are modelled after the Court of Justice of the European Union, the AfCFTA-DSM follows a handful of other regional judicial bodies – such as the Southern …

Overview Of The Quarterly Report Of The Nigerian Ministry Of Industry, Trade & Investment, Olabisi Akinkugbe

Articles, Book Chapters, & Popular Press

The present report entitled “Special Economic Zones: Emerging Frontiers for Industrial Growth” covers the period of January – March 2019. The Report is divided into sections that provide important updates on the current steps being taken by the Federal Ministry of Industry, Trade & Investment (FMITI) and the Federal Government of Nigeria (FGN) in thematic areas that include: trade and trade policy, SMEs, investment, industry, the African Continental Free Trade Area Agreement (AfCFTA) and general news update.

How Media Impact Race Relations: Positive And Negative Historical Examples And Applied Psychological Principles, Sophia Nocera

Honors Program: Senior Projects (Public)

This thesis sought to examine how media influenced interracial relations in the 1920s and 1930s. It starts by defining necessary terms like media, race, racism, and stereotypes. Afterwards, studies which demonstrate that media reflect society are analyzed as well as studies which determine the extent of media influence on society. Media are the most influential on people who agree with the content provided and those who have no specific opinion on the issue at hand.

Next, psychological studies which determine the circumstances in which racist ideology is accepted the most are analyzed. This analysis determined that in-group versus out-group sentiments …