Law Commons^™

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.

Editorial : Rethinking Public Policies And Management Practices Through The Lens Of Inclusion And Social Innovation, Fatima Zahra Alami, Adil Cherkaoui, Abdellatif Komat, Raja Temnati

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

This editorial introduces a special issue of the Moroccan Journal of Law, Economics and Management (REMADEG) devoted to selected contributions from the international conference “Rethinking Public Policies and Management Practices through the Lens of Inclusion and Social Innovation”, held on 13–14 February 2026 at the Faculty of Legal, Economic and Social Sciences of Ain Chock, Hassan II University of Casablanca. It presents the scientific context of the issue, the rigorous double-blind review process, and the main themes addressed by the eleven selected articles, including financial inclusion, social responsibility, public policy, social entrepreneurship, governance, territorial development and the inclusion of vulnerable …

The Impact Of International Organizations On The Development And Enforcement Of International Humanitarian Law, Mubeen Majid Jaber

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

The struggle for survival and human dignity continues in Syria, Yemen, and Ukraine amid ongoing armed conflicts, while international organizations seek to uphold International Humanitarian Law (IHL). In many instances, the enforcement of humanitarian law falls short of established standards. Organizations such as the United Nations (UN), the International Committee of the Red Cross (ICRC), and the International Criminal Court (ICC) play vital roles in promoting and implementing humanitarian principles and protecting human rights. However, their effectiveness often depends on political cooperation and the existence of conditions conducive to peace. This study examines selected case studies to evaluate how political …

Review Of Gautam Bhatia’S The Indian Constitution: A Conversation With Power, Aishwarya Singh

National Law School of India Review

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Institutionalizing The Trade-Labor Nexus, Yueming Yan

Michigan Journal of International Law

While scholars have extensively explored the evolution of labor provisions in trade agreements, less attention has been paid to the institutional mechanisms that operationalize these provisions. This article addresses this gap by offering a comparative analysis of labor compliance models that are emerging across jurisdictions.

Recognizing that no institutional design is without trade-offs, this article applies the theory of comparative institutional analysis to evaluate existing models—not by asking whether they are (in)effective in the abstract, but: (in)effective compared to what? Specifically, it examines the strengths and limitations of various institutional mechanisms using benchmarks that matter to policymakers, including procedural efficiency, …

Masthead

Washington and Lee Law Review

No abstract provided.

Table Of Contents

Washington and Lee Law Review

No abstract provided.

Procedural Drift: How Judicial Restraint Enables Legalized Backsliding, Dessie Otachliska

Washington and Lee Law Review

This Article introduces Procedural Drift, a new theory of constitutional erosion in which legality itself enables democratic decline. Legal forms remain intact, but their constraining force quietly recedes as procedural doctrines withdraw courts from sites of contestation. Executive power expands not by defying law, but by strategically complying with it—exploiting judicial restraint to evade review.

Building on Bruce Ackerman’s theory of constitutional moments and Kim Lane Scheppele’s concept of autocratic legalism, this Article develops a U.S.-specific account of democratic backsliding that is lawful, gradual, and institutionally embedded. It traces how judicial restraint—operating amid partisan alignment and epistemic fragmentation—erodes legal checks …

Reimagining International Investment Law For The Age Of Minerals, Taylor Nchako

Washington and Lee Law Review

New technologies––from artificial intelligence (AI) and electric vehicles to medical devices and consumer electronics––demand an ever-increasing amount of minerals like lithium, cobalt, and copper. The United States requires these aptly named “critical” minerals to develop AI infrastructure, advance the clean energy transition, and remain economically competitive. As technology continues to advance at an astonishing pace, the U.S. has grown increasingly interested in securing critical minerals from sources in Africa. To obtain critical minerals, the U.S. must utilize investment treaties in its business dealings with African countries. At the same time, international investment law has garnered increased attention due to a …

Fur, Feathers, And Frameworks: The Federal Legal Landscape Of Animal Welfare In The United States And Switzerland, Michael Melch

Washington and Lee Law Review

The United States relies on a predominantly utilitarian, welfarist framework that regulates certain uses of animals while preserving their status as property. Switzerland embeds the concept of animal dignity in its constitutional and statutory law, formally recognizing animals as beings with intrinsic worth. This foundational divergence produces significant doctrinal and practical differences, including the breadth of species covered, the structure of legal obligations, and the normative goals of regulation.

This Note provides a comparative analysis of animal welfare laws in the United States and Switzerland, exploring their philosophical, legal, and practical dimensions. It examines the U.S.’s utilitarian approach, exemplified by …

Litigating The Youth Mental Health Crisis: Mechanisms To Regulate Addictive Social Media Design, Talia Elliott

Washington and Lee Law Review

While social media offers real benefits to users, such as providing access to information and facilitating the free exchange of ideas, excessive social media use is associated with increases in anxiety, depression, and other serious mental-health harms. Social media platforms are designed to maximize profit by capturing user attention, resulting in interfaces that are dangerously addictive and prone to exposing users to harmful content. Currently, social media users alone bear the burden of navigating the dangers of social media. This is untenable. Young users, whose less developed brains leave them more vulnerable to addictive design features, find self-regulation especially challenging. …

Taking The Thumb Off The Scale: Rebalancing Parental And Children’S Rights To Empower Child Protective Services, Sebastian Wagner

Utah Law Review

This Note provides background on the current legal framework of state prevention of child maltreatment in the United States. It discusses parental rights and the Parental Rights Doctrine, child rights in the United States, and how states prevent child maltreatment through child protective service agencies.

This Note also explores the legal landscape surrounding the balance of parental rights and children’s rights in child welfare cases. One of the central issues in the current framework is how the Parental Rights Doctrine can significantly limit the state’s ability to intervene in cases where children are at risk. State intervention, governed by vague …

The Law Of Health Equity, Govind Persad

Utah Law Review

Since 2025, health equity has faced increasing hostility from federal courts, agencies, and the executive branch. Yet health equity’s promise— to narrow stark health gaps along racial, economic, and other lines— remains urgent and widely endorsed by states, localities, and nongovernmental actors. Evaluating how health equity efforts might falter under or surmount these challenges requires understanding their legal underpinnings: the law of health equity.

This Article is the first in legal scholarship to comprehensively examine federal, state, and private sector health equity commitments. It reveals sustained societal recognition of health equity’s importance, while highlighting the need for more precise and …

Deporting Disability, Tania N. Valdez

Utah Law Review

Since the enactment of the earliest migration laws in the United States, people with disabilities have been targeted for exclusion and expulsion based on stereotypes that they are either dangerous or not productive. Although some of the pejorative language regarding disability in the Immigration and Nationality Act (INA) has changed over time, certain statutory provisions and the very structure of the INA still allow ableism to operate broadly in immigration adjudications. This Article focuses on the subtle, but pervasive, ways that immigration law disfavors noncitizens with disabilities. In particular, this Article examines ableism in the context of removal (commonly known …

Analyzing The Benefits Of Artificial Intelligence To Racially Inclusive Democracy, Spencer Overton

Utah Law Review

Over the past two decades—as the United States has grown more ethnically diverse—the U.S. Supreme Court has dismantled key voting rights protections, and state legislatures have erected a record number of voting restrictions. Largely oblivious to this growing gap in legal protections, several artificial intelligence (“AI”) optimists have claimed that AI can help usher in a more inclusive, participatory, and unbiased democracy. Such an outcome, however, is far from guaranteed. This Article is the first to comprehensively examine the extent to which AI—and the legal frameworks that regulate it—can advance racially inclusive democracy. It responds to the AI optimism literature …

Abortion (Re)Federalization, Gerald S. Dickinson

Utah Law Review

 This Article examines how the U.S. Supreme Court’s Dobbs v. Jackson Women’s Health Organization decision has opened an unconventional pathway for the development of a new form of “bottom-up constitutionalism” that could reshape federal abortion rights in the future. Traditionally, federal constitutional law has exerted a dominant influence over state laws and state court jurisprudence. The uniformity in abortion protections nationwide for decades was a product of the Roe v. Wade era of federal supremacy. However, Dobbs reversed this dynamic by dramatically curtailing federal constitutional authority over abortion, thereby leaving states as primary rights regulators. This Article focuses on the …

Puhca 2.0, Joshua C. Macey

Utah Law Review

Many electric utilities today are vertically integrated and own both rate regulated (transmission and distribution) and competitive (generation) affiliates. This structure gives them incentives to make investments that favor their affiliated generators and shift risk onto captive ratepayers. The Federal Energy Regulatory Commission (FERC) and state public utility commissions have adopted a variety of rules to address these concerns, including limits on affiliate transactions and functional unbundling requirements. Unfortunately, these requirements have failed to prevent utilities from using their control over grid infrastructure to benefit affiliates that participate in competitive markets.

This Article therefore calls for a structural solution: a …

Learning From Lochner: When Children Are Harmed By Technological Revolutions, Brooke Hodson Davies

Utah Law Review

Drawing on parallels from child labor reform in the Second Industrial Revolution, this Note argues that stopping Big Tech’s harm to children in the Fourth Industrial Revolution requires Congressional legislation and judicial avoidance of Lochnerian approaches to the Constitution. Like its Big Business predecessors, today Big Tech maximizes profits by harming kids, necessitating government intervention of this market failure. Despite noble attempts, state-based efforts have been rendered relatively ineffective due to legislative non-uniformity, interstate competition, and enforcement limitations. Likewise, federal regulations currently in place fall short and even shield Big Tech from liability. Consequently, Congressional action is urgently needed. Critically, …