Law Commons^™

Islamic Inheritance Law Reform: The Problem Of Orphaned Grandchildren's Inheritance Rights, Salah Hesham Hamouda

Archived Theses and Dissertations

Islamic inheritance law excludes orphaned grandchildren from inheriting a share of their grandparent's estate in the event of surviving uncles and aunts under the rule that the nearer in degree excludes the more remote. For centuries, this prohibition has prevented orphaned grandchildren from inheriting a share of their grandparent's estate. Mediaeval Islamic juridical treatises claimed that inheritance law's provisions are the final dictate of God and their authority cannot be questioned. States have tried to resolve the conflict between the provisions of Islamic law and social needs by adopting various devices of reform such as ijtihad, taqlid, takhayyur, and talfiq. …

Arbitration: A Comparative Study, Samer M. Badran

Archived Theses and Dissertations

No abstract provided.

Policy Vs. Deduction: Finance Lease Between Formal Property And Economic Reality, Akram Korany

Archived Theses and Dissertations

No abstract provided.

The Legality Of The International Criminal Court Investigations In Kenya, Mgugua Robert Chege

Archived Theses and Dissertations

No abstract provided.

Highlighting The Major Weaknesses Of The Wto Anti-Dumping Agreement Which Cause International Market Distortion, Ahmed Rabie A. A. El-Nour

Archived Theses and Dissertations

No abstract provided.

The Right To Appeal Of A Person Sentenced For A Criminal Offense: The Current Egyptian Ordinary Legal System And Its Degree Of Compliance With Internationally Recognized Standards, Mohamed El-Ghannam

Archived Theses and Dissertations

No abstract provided.

Adversarial Or Inquisitorial: Which Approach Is Closer To Arbitration?, Ahmed Galal Zaki

Archived Theses and Dissertations

No abstract provided.

The Right To Health: A Case Study On Hepatitis C In Egypt, Dina Iskander

Archived Theses and Dissertations

No abstract provided.

Finding A Governing Law To Resolve Conflicts Of Tax Laws, Catharine Marie Mcmillan

LLM Theses

This thesis explores how tax treaty articles providing foreign tax recognition, distributive rules, meanings for undefined terms, and anti-treaty shopping rules implicitly employ conflict of laws "choice of law" ("COL/col") principles to derive the governing law in situations where more than one tax law and therefore more than one legal system applies to characterize a person or income. COL/col principles are implicitly acknowledged and specifically operate in tax treaties to reconcile contending tax laws and therefore legal systems. Considering tax treaty articles implore countries to ascertain the governing law through reconciliation, supranational approaches that advocate harmonization to ascertain governing law …

Transitional Justice, Peace And Everyday Reality: Somalilands Experience With Justice And Security-Sector Reform, Siham Rayale

LLM Theses

This paper looks at Somalilands transitional justice process and the role that legal pluralism has played in shaping its attempts at justice and security-sector reform. By utilizing concepts like hybridity and the everyday, this paper frames these processes with an understanding that while legal pluralism has established Somalilands peace and security infrastructure, it has created opportunities and challenges for marginalized and vulnerable groups. Such challenges include accessing and participating in legal reform initiatives that support social transformation. This paper concludes with the need to frame transitional justice, from the onset, in a way that recognizes the importance of communities as …

To Set Aside Or To Not Set Aside The Agreement Pursuant To Section 56(4) Of The Family Law Act: Applying Relational Theory To Domestic Contracts Involving Spousal Support Releases And Waivers, Sara Kun

LLM Theses

This work applies the lens of relational theory to five Ontario Superior Court of Justice cases where a party previously executed a spousal support agreement, but subsequently sought to have it set aside pursuant to section 56(4) of the Family Law Act. While the outcomes in the five cases differed as to whether section 56(4) of the Family Law Act was successfully engaged and, if so, whether the judge in turn exercised his discretion to set aside the agreement, it is argued that the cases are united by a common theme that is resonant with relational theory. The distinct relational …

Health Insurance, A False Dichotomy And A Negative Right To Abortion In Canada's Maritime Provinces, Clare Joanne Shrybman

LLM Theses

This thesis examines the jurisdictional movement of abortion regulation resulting from R v Morgentaler and the barriers to abortion which emerged as a result of the transition in the Maritime provinces. Following decriminalization, the Maritime provinces responded by implementing health insurance barriers to clinic abortions, restricting access. While contemporary scholarship has predominantly examined the issue through a health law and positive rights lens, this thesis asserts that these barriers can most successfully be challenged as a negative rights violation of the Charters section 7 guarantee of security of the person. This is because, although the dichotomy between positive and negative …

Doomed To Fail: Ag-Gag Laws And The Canadian Charter, Samantha Lynne Skinner

LLM Theses

In late 2019, ag-gag laws began being introduced in Canada. Ag-gag laws are named for their intended effect of gagging activists from exposing the realities of the animal agriculture industry. Animal activists seek to gather and publicly disseminate information using means of bearing witness, undercover investigations, and civil disobedience. Ag-gag laws originated in the US in the 1990s, but saw a revival in the 2010s. In the US, animal law organizations such as the Animal Legal Defense Fund have been successfully challenging the constitutionality of ag-gag laws, with courts in six states finding ag-gag laws to violate the First Amendment …

How Will I Know? An Epistemology Of Lawyering, Emanuel Raul Tucsa

PhD Dissertations

What does anyone know after a trial, after a witness gives testimony, or even after seeking the counsel of a lawyer? Hopefully, the answer to these questions has something to do with the truth. Legal systems claim to have truth-seeking functions. Lawyers have specific roles in the procedures by which legal systems seek the truth and these roles are informed by the norms of legal practice. Yet, lawyers' relationship to truth and knowledge remains underexplored in the philosophy of lawyering. I argue that the philosophy of lawyering needs to develop the epistemic branch of inquiry. The epistemic study of the …

Just Greening The Gulf: Sustaining Justice For Migrant Workers, Asma Atique

PhD Dissertations

This dissertation investigates the relationship between doctrines and rhetoric of sustainable development (SD) and their compatibility with robust notions of migrant justice. I use migrant-workers-built Masdar City, Abu Dhabis "eco-smart city," as an entry point to examine this relationship. Drawing on Amartya Sen, I rely on a critical capabilities-based environmental justice lens that focuses on the full range of opportunities migrants have at home, in their destination country, and anywhere in between. While this lens offers a means-ends distinction and a pluralistic notion of justice, it must be further specified and supplemented by explicit accounts of structural constraints. The focus, …

Measuring Access To Civil Justice: An Empirical Study Of Ontarios Reform Initiatives, Matthew Dylag

PhD Dissertations

Access to civil justice remains one of the most pressing concerns within the legal community in Canada. Yet, despite over a half century of reform efforts, many people still struggle to resolve their legal difficulties in a timely and cost effective manner. Part of the reason that reform efforts have yet to solve this crisis is that scholarship has only recently begun to investigate possible measures that can evaluate whether programs and initiatives have positively impacted the ability of ordinary Canadians to resolve their legal problems. The primary purpose of this dissertation is to support the development of such measures …

Aandaakonan Inaakonigewin: Considering An Anishinaabe Meaning To The Canadian Law On Consultation And Accommodation, Veronica Ann Guido

LLM Theses

Indigenous laws are resurging throughout Turtle Island and have vital roles to play in the creation and application of laws, governance structures, and decision-making. However, for this to happen, the understanding of the law which is predominant and dictates legal processes must change, specifically when such laws apply to Indigenous land and peoples. This will allow Indigenous legal orders – including Anishinaabe legal norms such as mutual aid, kinship, giftedness and doodem – to flourish. This thesis explores Anishinaabe law resurgence by asking: how can decision-making about land, natural resources, and Aboriginal rights through the duty to consult and accommodate …

Perceptions Of The Mckinney-Vento Act Liaisons In Arkansas Public School Districts, Judy Renee Holaway

Student Theses and Dissertations

This study explored the perception of the effectiveness of the McKinney-Vento Act through the lens of the local school McKinney-Vento liaison. The McKinney-Vento Act is over three decades old and has been restructured many times in its 34-year lifespan. The study sample included Arkansas McKinney-Vento liaisons in the 253 local education association (LEA) in the state of Arkansas. In addition to each McKinney-Vento liaison having the opportunity to contribute to this study by responding to an online survey, six of these liaisons agreed to serve on a focus panel to look deeper into the effectiveness of the legislation and to …

The Portrayal Of Trial By Jury In American Entertainment, Kimberly Satterfield

Undergraduate Honors Thesis Projects

Numerous American films have portrayed jurors who make difficult decisions together in order to fairly and justly decide a case. Serving on a jury is the main role that an average American plays in the legal system, which helps explain why movies about court cases, and specifically about juries, are popular in America. In this thesis, I will use the film theory of spectatorship, which studies how a spectator comes to view themselves in relation to a film, to look more closely at the portrayal of trial by jury in American cinema. I will also be using the idea of …

The Predictive Influence Of Challenging Behavior On Parent Stress In Young Children With Autism Spectrum Disorder, Paige Weir

LSU Master's Theses

Autism spectrum disorder (ASD) is a neurodevelopmental disorder characterized by deficits in social communication, restricted interest, and repetitive patterns of behavior. Individuals with ASD also exhibit challenging behaviors that affect parent and caregiver stress directly. However, researchers have not yet examined the predictive influence of specific challenging behaviors on parent stress, particularly in young children (i.e., infants and toddlers) with ASD. Therefore, the current study expands existing literature by a) investigating the influence that challenging behaviors of young children with ASD have on parent stress and b) examining the unique contribution that each behavior (i.e., aggressive/disruptive behavior, stereotypy, and self-injurious …

The Regulatory And Procedural Examination Of Trademarks In Saudi Arabia: Deficiencies In The Similarities Factor And The Registration Requirements, Abdulaziz Mohammad Aleiban

Maurer Theses and Dissertations

The purpose of trademarks is to protect consumers from confusion between products and to support fair competition in the market. However, in Saudi Arabia, to determine the similarities between trademarks, the Trademark Registration Office relies on the class number, rather than the goods and services category. This is a prevailing issue in the Kingdom’s practice of trademark examination. Therefore, this dissertation investigates how improper understanding and application of Nice Classification by the Gulf Cooperation Council (GCC) Trademark Law and the Registration Office at the Saudi Authority for Intellectual Property generate overlapping between goods and services. This study ascertains that there …

Assessing The Liability Exposure Of Public Joint-Stock Companies' Directors Under The Liability Rules In Saudi Arabia, Ahad Ali Alomran

Maurer Theses and Dissertations

Historically, the business environment in Saudi Arabia has been considered low risk. However, with the introduction of Vision 2030 in 2016, the socioeconomic transition and regulatory evolution witnessed in Saudi Arabia have reshaped the business environment and redefined the risk landscape faced by public companies and their boards. The increase in the market regulator’s monitoring and penalizing activities, the legislative reforms of management liability rules, the approval of securities class action, and the unprecedented rise in shareholder activities against their board of directors are recent developments that directly affect directors’ exposure to liability. Generally, operating in a legal system with …

رقابة القضاء الإماراتي على سلطة الإدارة التقدیریة – دراسة مقارنة, سلطان علي ناصر المقبالي

Theses

This study deals with judicial oversight of administrative decisions issued within the discretion of the administration in the United Arab Emirates and with comparative judicial systems, in order to determine the extent to which the administrative judiciary interferes with the discretion of the administration when issuing any administrative decision. Thus, in this study we have explained - first - the sources of that authority, we have referred to the most important source of discretion, the legislator, as well as the jurisprudence as a second source. Furthermore, the study focused on demonstrating the discretion of administration in the elements of the …

الطبیعة القانونیةِ للشركاتِ المملوكةِ للدولةِ على ضوءِ التشریعِ وأحكامِ القضاءِ بدولةِ الإماراتِ العربیةِ المتحدة, حسن سعدون حسن الخلفة الدلیمي

Theses

تتناول هذه الدراسة البحث في الطبيعة القانونية للشركات المملوكة للدولة في دولة الإمارات العربية المتحدة من خلال سير أعرار التشريعات الاتحادية والمحلية المتعلقة بتلك الشركات للتعرف على المفهوم الثالوبي لهذه الشركات ووضع تعريف جامع لها وتحديد أنواعها وما يميزها عن ما يشتبه بها ونشأة هذه الشركات وتطورها، كما تناولت الدراسة إشكالية الطبيعة القانونية للشركات المملوكة للدولة فقها وقضاة وتطرقت إلى الأحكام والآراء القضائية والفقهية المتضارية بشان اعتبار هذا النوع من الشركات شخص من أشخاص القانون العام أن شخصا من اشخاص القانون الخاصن

ومن أهم النتائج التي توصلت لها هذه الدراسة أن الشركات المملوكة للدولة قد أصبحت تدخل في جميع المجالات …

Qualification Of Port State Control Inspectors In Nigeria : A Critical Analysis, Faith Chibuoge Azubike

World Maritime University Dissertations

No abstract provided.

Maritime Labour Convention, 2006 : Challenges For Implementation In Regards To Title 5 Compliance And Enforcement In Fiji, Sheryne Rosalia Kanawale

World Maritime University Dissertations

No abstract provided.

Analysing Risks In Naval Operations : The Case Of Visit, Board, Search And Seizure Operations In Cote D’Ivoire Navy, Djaiblond Dominique-Yohann Kouakou

World Maritime University Dissertations

No abstract provided.

Interdiction Operations At Sea : A Critical Analysis Of Irregular Migration Beyond The Territorial Seas, Junya Otani

World Maritime University Dissertations

No abstract provided.

A Critical Analysis Of Implementation Of Mlc 2005 Regulation 2.2 In Nigeria, Muhammed Anyapa Yakubu

World Maritime University Dissertations

No abstract provided.

Identifying The Applicable Law And Approach Toward The Caspian Sea Delimitation, Sedigheh Zarei

World Maritime University Dissertations

No abstract provided.