Law Commons^™

وثيقة الوفاق الوطني وتعديل الدستور, إدمون رباط

Proche-Orient, Études juridiques

No abstract provided.

Réflexions À L’Occasion Des Arrêts De La Cour D’Appel Du Mont-Liban Du 14 Avril 1992 Et De La Cour De Cassation Du 9 Juillet 1992 Relatifs Aux Clauses Attributives De Compétence En Droit International Privé Libanais, Nasri Antoine Diab

Proche-Orient, Études juridiques

No abstract provided.

Législateurs Déguisés En Juges Ou Fidèles Serviteurs De La Loi?, Michel Halbecq S.J.

Proche-Orient, Études juridiques

No abstract provided.

Les Effets Du Jugement Étranger Invoqué Indépendamment De L'Exequatur, Abdo Ghossoub

Proche-Orient, Études juridiques

No abstract provided.

La Lex Mercatoria : Mythe Et Réalité, Walid Kassir

Proche-Orient, Études juridiques

No abstract provided.

In Memoriam Louis Boyer, Ibrahim Najjar

Proche-Orient, Études juridiques

No abstract provided.

In Memoriam Jean Chevallier, Pierre Gannagé

Proche-Orient, Études juridiques

No abstract provided.

Avant-Propos, Ibrahim Najjar

Proche-Orient, Études juridiques

No abstract provided.

Between Shut It Off And Keep It On: The Legality Of Internet Shutdowns Under International Law, Yohannes Eneyew Ayalew

Vanderbilt Journal of Transnational Law

Internet shutdowns are on the surge across the globe, at least four dozen states-imposed internet shutdowns in 2024 alone, in armed conflicts and other situations. In some states where an authoritarian propensity or “digital sovereignty” reigns, internet shutdowns are being imposed to control political narratives during the conduct of hostilities. These states justify their actions using a “shut it off” argument, claiming that the internet is a luxury and further asserting that access to the internet may be overridden by national security or other justifications. On the other hand, there are states that advance open access to the

Internet shutdowns …

The Ever-Expanding Horizon Of Directors’ And Officers’ Duties: An Analysis Of Recent Developments In The United States And Australia, Zehra G. Kavame Eroglu, Isa Alade

Vanderbilt Journal of Transnational Law

When two Boeing 737 Max aircraft crashed within five months of each other, resulting in the deaths of 346 people, shareholders filed a suit against the directors for breach of duties. The Delaware Court of Chancery noted that while safety was “essential and mission critical” to Boeing’s business, there was no board committee assigned the specific task of overseeing airplane safety. Turning to Australia, Storm Financial’s collapse caused many clients, most of whom were retirees or nearing retirement, to suffer massive financial losses. With little or no prospect of rebuilding their financial position, these clients lost their investments, their homes …

Lawfare’S New Frontier: International Commercial Arbitration In The Shadow Of Sanctions, Sophie Yue Zhao, Han-Wei Liu

Vanderbilt Journal of Transnational Law

This Article examines how international commercial arbitration is being reshaped by economic statecraft through the lens of lawfare—the strategic use of law as a substitute for traditional coercive tools. Building on Orde Kittrie’s framework, it identifies two modalities of State-driven lawfare affecting arbitration. Instrumental lawfare operates where domestic legal measures displace arbitral authority, exemplified by Russia’s assertion of exclusive jurisdiction over sanctions-related disputes. Compliance-leverage lawfare, by contrast, does not bar arbitration outright but raises the costs and risks of participation, evident in restrictions on legal services and banking access that complicate representation and payment in arbitral proceedings. Beyond State action, …

Improving Case Management For Refugee Child Brides, Harper Kelly Esterle

Vanderbilt Journal of Transnational Law

A significant number of forcibly displaced persons throughout the world are not only children, but children who are married. When these married minor refugees arrive in host countries, they are often met with concern, judgment, or a critical lack of understanding or regulated procedure for handling their immigration cases. Children are often forcibly separated from their partners and thus isolated from the only family they came with, or they are forced to undergo an extensive judicial review process that, by the time it is resolved, is no longer relevant as the married minors at issue have since reached the age …

Institutionalizing Protection Of Climate Migrants Through A Global Framework Convention On Climate-Induced Migration, Caroline Spencer

Vanderbilt Journal of Transnational Law

Climate change poses an urgent global challenge, threatening to internally displace 216 million people across six regions by 2050. While it is difficult to predict the extent of crossborder migration, there is no question that climate change will drive cross-border migration. Human rights law and international climate change law require states to protect climate migrants’ human rights; however, the current international framework is inadequate and exhibits a significant protection gap. States possess an obligation under both international human rights law and climate change law to pursue adaptation measures that protect and restore affected human rights, including ensuring protection against refoulement. …

Results Without Reasons, Margaret H. Lemos

Vanderbilt Law Review

Modern theories of precedent assume a connection between the outcome of a case and the reasons that support it. A case stands as precedent not (only) for its result but for its ratio decidendi, the rationale on which the decision is based. But what happens when there is no such rationale—when a multimember court issues a decision without majority agreement on the reasons? In the Supreme Court, such cases are governed by Marks v. United States, which instructs lower courts to find the Court’s holding in the position of the Justice(s) who “concurred in the judgments on the …

A Century Of Complexity: Reassessing Jurisdictional Veil Piercing In Light Of Modern Corporate Structures, Dominic Steve Brown

Vanderbilt Law Review

Modern corporate enterprises frequently operate through intricate networks of layered subsidiaries, yet courts continue to rely on a rigid and outdated presumption of corporate separateness rooted in a decision predating the current personal jurisdiction regime. In the context of jurisdictional veil piercing, this presumption of separateness has produced doctrinal confusion, inconsistent outcomes, and underenforcement against parent corporations that frequently control, and profit from, forum-based activities carried out by subsidiaries.

This Note argues that the prevailing approach, involving the importation of substantive corporate law doctrines into the jurisdictional analysis, contravenes both modern personal jurisdiction doctrine and contemporary corporate practice. Drawing on …

The Normative Canons Of Criminal Law, Brian G. Slocum

Vanderbilt Law Review

The rule of lenity is an ancient maxim directing that ambiguities in criminal statutes be interpreted in favor of defendants. Courts rarely rely on the rule of lenity, though, and its future is currently being debated. Justice Kavanaugh argues for its elimination, even as Justice Gorsuch argues for it to be strengthened. Most commentators agree with Justice Gorsuch, typically advocating that the rule of lenity be made more powerful. This Article argues for a different approach: The rule of lenity can be strengthened by limiting it to resolving linguistic ambiguity. 

This Article explains why the rule of lenity plays an …

Weird Cops (Agency Police), Farhang Heydari

Vanderbilt Law Review

The police badge has migrated deep into the administrative state. Parks, schools, transit, housing, revenue, conservation, insurance, and gaming agencies now field tens of thousands of sworn “Agency Police”—often with full arrest powers despite missions far removed from general public safety. The footprint of these officers is significant and expanding, outpacing the growth of traditional law enforcement. Far from being limited to certain communities, Agency Police attract support across the political spectrum, from law-and-order policymakers to reformers. And yet, Agency Police are largely ignored in legal scholarship. The result is that a large slice of U.S. criminal enforcement is poorly …

Marine Spatial Planning In The Asean Countries: Lesson Learned For Future Ocean Governance In Malaysia, Husni Alhan Md Salimun, Mohd Fadzil Akhir, Nazli Aziz, Che Din Mohd Safuan, Wan Izatul Asma Wan Talaat

Journal of Environmental Science and Sustainable Development

Marine Spatial Planning (MSP) has emerged as an important governance instrument for balancing ecological protection, economic development, and social inclusion amid the rapidly intensifying blue economy in Southeast Asia. Although several ASEAN Member States (AMS) have initiated MSP processes, the existing literature on MSP governance in this region  remains fragmented and largely descriptive, limiting systematic cross-country comparison and evidence-based lessons. This study addresses this gap by assessing MSP governance performance across ASEAN countries and againts internationally recognized MSP governance benchmarks. A structured narrative review was conducted using selected PRISMA-informed procedures for literature identification and screening. Academic publications from 2003 to …

Full Posterior Uncertainty Propagation In The Bg/Nbd Framework A Bayesian Foundation For Individual-Level Customer Behavior Modeling, Stuart V. Kerr

UNLV Gaming Research & Review Journal

The Beta-Geometric/Negative Binomial Distribution (BG/NBD) model of Fader et al. (2005) is used to describe repeat-transaction behavior in non-contractual settings: a latent visitation rate, heterogeneous across customers, governs how of- ten a customer transacts while active, and a latent dropout probability, also het- erogeneous, governs when a customer permanently churns. In its classical form, BG/NBD is estimated using maximum likelihood, producing single point estimates of the underlying population parameters and, from these, point estimates of each customer’s individual behavior. This paper develops the model from first princi- ples as a fully Bayesian framework, estimated using Markov Chain Monte Carlo (MCMC), …

Good Governance In The Concept Of Climate Justice: Decarbonisation Policies In Economic Considerations Of Losses And Sacrifices, Daryanti Daryanti, Albertus Sentot Sudarwanto, Erna Dyah Kusumawati, Rosita Candrakirana

Journal of Environmental Science and Sustainable Development

Projections of losses resulting from the impacts of climate change in Indonesia are estimated to reach USD 30.5 million, affecting four key sectors: agriculture, water supply, health, and the maritime sector. This study shows that good governance based on climate justice in the implementation of decarbonization policies is the most important factor in avoiding long-term economic losses caused by the adverse impacts of climate change or investing in climate resilience. This study employed a normative methodology using a statutory approach to examine efforts related to climate change mitigation and adaptation. The findings of this research indicate that regulations in Indonesia, …

How Legal Systems Reflect Societal Views Of Nature, Devorah Corvo

Latin American & Caribbean Law Review

Pre-Columbine Indigenous communities differed from European settlers in many ways. One of the most striking differences was the way each group viewed itself in relation to nature and wildlife. Indigenous communities generally did not see themselves as separate from the natural world, while European settlers often viewed themselves as distinct from it. In the United States today, many people care about the environment but are unsure how to protect it. By contrast, pre-Columbian Indigenous communities were so deeply connected to their surroundings that harm to wildlife would have been seen as harm to the community itself. By examining three pre-Columbian …

Digital Media And Its Effect On Domestic And International Copyright, Jasmine Martin

Latin American & Caribbean Law Review

This article explores the history of modern copyright law and identifies the pitfalls of a legal framework built around physical media, such as the doctrines of first sale and fair use. As markets have shifted to digital distribution, these doctrines have been weakened or displaced by licensing regimes that redefine ownership as limited access. The article argues that this transition has systematically eroded consumer rights, allowing copyright holders to impose restrictions through contracts and technological controls that bypass traditional protections.

Lessons From The Fall Of The Roman Empire: The Patent Law Edition, Emma Masters

Latin American & Caribbean Law Review

This article examines the crises threatening the U.S. Patent System through the historical lens of the fall of the Roman Empire, arguing that a loss of predictability and the hollowing out of property rights threaten to dismantle American innovation. Drawing parallels between the Roman Empire’s economic decay and modern legal trends, this piece explores how costly litigation—often surpassing millions of dollars—and the rise of “efficient infringement” among other troubling phenomena, act as a “tax” on innovation that disproportionately stifles small and medium-sized enterprises (SMEs). The U.S Patent System’s original purpose of incentivizing innovation is being compromised by patent thickets, a …

Pandemic Power Plays: Environmental Deregulation & Erosion Of Indigenous Rights In Latin America During Covid-19, Sabrina Prado

Latin American & Caribbean Law Review

The COVID-19 pandemic reshaped global politics. Many governments used their emergency powers under the pretense of maintaining public health and sustaining the economy. However, in Latin America, these powers were exploited and the pandemic became a guise for expanding executive powers and propounding corporate friendly rollbacks which weakens environmental protections and minority rights. This paper will examine how emergency laws were used to sidestep the democratic process and facilitate policies that benefited corporate interests at the expense of environmental regulation and indigenous rights specifically. Brazil, Colombia, and Bolivia were three countries whose leaders centralized power and accelerated environmentally destructive policies …

The Silent Bench: How The Chilean Judiciary Failed To Check Pinochet's Executive Power And The Continued Struggle For Judicial Independence, Daniela González García

Latin American & Caribbean Law Review

Although authoritarian regimes are often associated with lawlessness, many consolidate power through carefully crafted legal framework that create the illusion of illegality. Chile under Augusto Pinochet offers a critical case study of this phenomenon. In Chile, Pinochet ushered in his “authoritarian legality” after spearheading a military coup in 1973 that toppled a democratically elected left-wing government. Through Chile’s 1980 Constitution, drafted by hand-picked loyalists and approved in a tightly controlled setting, Pinochet’s regime embedded executive supremacy, restricted judicial review, and transformed Chile’s courts into a silent bench. Applying David S. Clark’s theory that judicial review must be evaluated within a …

Invisible Empires: Transnational Illicit Trade & The Global Threat To Law And Justice, Víctor Hugo Guerra Hernández

Latin American & Caribbean Law Review

Transnational illicit trade has evolved beyond the mere economic and individual concerns of public or private sectors isolated. It now poses a profound threat to the integrity of democratic institutions, the rule of law, and global justice systems. This article explores the intricate links between illicit international trade and transnational organized crime within the concepts of a postmodern State. The article demonstrates how these criminal and clandestine networks undermine state sovereignty, fuel corruption and international briberies, and erode public trust. By analyzing the legal, political, and socio-economic dimensions of illicit markets, from old fashioned contraband activities to modern trafficking of …

Constitutions, The State And Law In Republican Venezuela (1830-2025), Rogelio Pérez-Perdomo

Latin American & Caribbean Law Review

This panoramic article poses the question of the relation between the state, the constitution and the law in Venezuelan republican history. In the 19th century, Venezuela became independent, congresses approved constitutions that organized the national state, comprehensive legal codes and legislation were produced and the universities developed legal studies and produced a small number of lawyers. Nevertheless, the law had little impact on a turbulent and impoverished country, and lawyers mainly found occupation in the state and political system. In the 20th century, Venezuela constructed a powerful state that pacified the country that created conditions for a relatively prosperous economy. …

Fiscal Sustainability And The Courts In Colombia, Eleonora Lozano-Rodríguez

Latin American & Caribbean Law Review

This text offers a theoretical and conceptual approach to fiscal sustainability and to the mechanism of fiscal impact review. It also examines specific judicial cases where fiscal sustainability and/or fiscal impact review have been applied in areas such as social security, victims of the Colombian internal armed conflict, community mothers, and taxation. The article concludes that the difficult dialogue between law and economics has improved, though legal nuances still need clarification, and economic advantages or disadvantages remain to be measured. At times, the guarantee of rights prevailed (for example, compensation for Black, Afro-Colombian, Raizal, and Palenquero communities, as well as …

A Sociolegal Explanation Of The Judicial Reform In Mexico, Alberto Abad Suárez Ávila

Latin American & Caribbean Law Review

This paper aims to offer a socio legal explanation for Mexico’s ongoing judicial reform, which shifts from a civil career paradigm for appointing judges to a popular election model. Most scholars have explained the reform mainly because of populism and constitutional authoritarianism. They focus on the political and normative factors. I would like to broaden the perspective: using a sociolegal approach, I consider other relevant factors, including some economic context as well as cultural aspects, to provide a more comprehensive explanation of the phenomenon.

On The Need To Recognize The Erga Omnes Effect In Fundamental Rights In Chilean Law, José Luis Guerrero Becar

Latin American & Caribbean Law Review

This article refers to the Chilean legal tradition of the relative effect of judgments, that is, their effects apply only to the parties involved in the litigation. This principle has an express exception in the Consumer Rights Protection Act, which mentions the erga omnes effect. Since 2010, this principle has come under scrutiny due to constitutional injunctions in social security matters administered by private companies known as ISAPRES (National Health Insurance Companies). These companies have increased the prices of health plans, using tables that apply factors based on age and sex. This has led to the filing of thousands of …