Law Commons^™

Journal Staff

Duke Law Journal

No abstract provided.

The Recent Amendments To The Jordanian Personal Status Law In 2001, A Legal Jurisprudence Study, Aladdin Rahal, Ahmed Al-Saad

Jerash for Research and Studies Journal مجلة جرش للبحوث والدراسات

This research aims at studying the latest emendations done on the Jordanian status law issued in 2001 from a fight judicial point of view, and to compare these emendations with the texts of the Jordanian civil status law of 1976. to show their judicial justifications and reasons for emendation, and to identity the consequences of such emendations. The researcher mentions the original texts before emendation and the amended ones, showing the difference between them quoting sayings scholars to originate such differences the also shows his own opinion in the antineutrons. The results suggest that the emendations occurrence few compared to …

Dowry Provisions In The Light Of Customs, Jamil Janem

Jerash for Research and Studies Journal مجلة جرش للبحوث والدراسات

The research tackled one source of the legal rules related to the civil affairs. It investigated the rules of dowry in light of traditions. It pointed out that traditions always play significant roles in the process of establishing or writing the legitimate rules dealing with the amount of dowry the pride should receive. Islamic law looked at this dowry as one of the bride's legal rights and urged people involved in the process of marriage to determine its amount according to their traditions. Islamic law did not decide firmly the date of this dowry payment that can be immediate or …

The Concept Of Freedom In Islam ‎And The Foundations Of Social ‎Upbringing, Tawfiq Al Anbari

Jerash for Research and Studies Journal مجلة جرش للبحوث والدراسات

The freedom in Islam is considered as a fundamental aspect which can determines the social ‎char-acteristics and according to the Islam law, the social treating can make a man in a sage ‎side and put him in a good society. Before Islam, a lot of social relations couldn't fulfil an ideal ‎society in whit an individual couldn't find himself. In third society a lot of noble and ‎fundamental aspects where absent, therefore the new believe concentrated on the most ‎correct open minded equalization and giving the right to the science and education fields. Also, ‎this new society confirmed the labor …

Argumentation Of The Concept Of ‎Contravention Between Fixers And ‎Negators, Muhammad Al-Ali

Jerash for Research and Studies Journal مجلة جرش للبحوث والدراسات

The present research aims at elucidation the authenticity of the concept of violation in the ‎formation of judicial rules being a way of proving it. This stems from the hypothesis that ‎meaning of words are their denotations , some of which are agreed upon such as utterance ‎meaning , whereas others are not such as conceptual meaning . That is , the concept of ‎violation and disagreement on its authenticity is common in the judicial classifications , ‎scientific writings , legal texts , people's manners of saying or the contracts they conduct one ‎of them is al - shafi ' …

The Palestinian State From The Angle ‎Of International Law, Walid Mahameed

Jerash for Research and Studies Journal مجلة جرش للبحوث والدراسات

Most of the Politicians and the legal scholars agree that the foundations of the State of ‎Palestine have a legal basis without legal discussion about the establishment of the state. In ‎such studies, we have to find the analytical principal foundation either the legal or the practical ‎ones which the State of Palestine based on adjectivally and with no effect of the political and ‎emotional factors. It is not true that the decisions of the United Nations and the of the self - ‎determination are the only factors are the ones, which are going to define and draw the shape …

Punishment For The One Who ‎Betrays Trust ( Jahed Al-Aaryah) ‎Between The Punishment And ‎Discretion, Adnan Smadi

Jerash for Research and Studies Journal مجلة جرش للبحوث والدراسات

This essay treats a subject of great importance. It is denial of borrowed objects, namely an ‎object lended to others to use it without spoiling, then obsecuring it. A sequence to such ‎abehaviour is the creation of doubt among people and it also causes the relations and the ‎good deeds to be cut among people. Hence, Islam legislated apenalty to such aconduct in ‎order to stop it. As scholars (Fukaha) were different for the estimation of the penalty to this ‎type of state, the subject is needed to be in restighted to put the foundations to this state and ‎to …

Jordanian Standards, Their Importance ‎And Provisions In Islamic Law And The ‎Jordanian Law Of Specifications And ‎Standards No. 15 Of 1994‎, Mahmoud Bakhith

Jerash for Research and Studies Journal مجلة جرش للبحوث والدراسات

This Paper deal foundation with the standard specifications which have become one of the ‎firm monitors and a ground among other basis to provide access for trade exchange among ‎individuals and nations. ‎ Because of the importance of this aspect countries joined forces calling forth establishment of ‎international organization which can take good care of it.‎ ‎ The Islamic Sharia ', however, gives special attention to the safety of the individual and protect ‎and preserve his financial and moral security. Morever, it seeks to protect the public and ‎private interests and boost the relationships between individuals and states upon evident …

Insufficient Control Of The Legality Of ‎Expropriation Decisions In Jordan, Ali Al Shatnawi

Jerash for Research and Studies Journal مجلة جرش للبحوث والدراسات

Appropriation is defined as the expropiation of a property from its owner, the right of disposal, ‎usufruct of easement of same. Thus, appropriation can apply to the tittle to the property per ‎se, to the right od disposal of, usufruct or easement of such tittle. Such sovereign privilege, ‎determined for the public administration to dispossess the private property, is based on Article ‎‎( 11 ) of the Jordanian constitution of 1952 , which provides that " the property of any person ‎may not be seized except for public use and against a fair compensation as prescribed by the ‎law " …

The Extent Of The Civil Judge’S ‎Commitment To The Criminal Ruling, Akl Makablaha, Adnan ‎Al-Sarhan

Jerash for Research and Studies Journal مجلة جرش للبحوث والدراسات

Correctional magistrate enjoys vast authorities in the field of proof. Thus, correctional ‎decisions have authority in front of civil court; and civil magistrate can’t, in principle, come ‎against what the correctional magistrate has come to. ‎ Yet, the Correctional decision doesn't acquire its authority unless it is final and only in the ‎matter that they have to be settled by it. ‎ This research aims at fixing the extent to which a civil magistrate finds himself held by a ‎correctional decision and what are the paragraphs and parts constraining him there - to..‎

Constitutional Custom Between ‎Theory And Practice, Suleiman Batarseh, Karim Kachek

Jerash for Research and Studies Journal مجلة جرش للبحوث والدراسات

This research aims to study constitutional conventions from a theoretical as well as a practical ‎perspective. ‎ From the theoretical point of view, the researchers focused on the origin, characteristics and ‎the value of constitutional conventions among the various branches of law. We concluded that ‎constitutional conventions play an eminent role in countries with a written constitution, ‎whereas they come after legislation in countries having a written document concerning the applications of constitutional conventions, we found out that they play a ‎creative role in Britain. In France, conventions interpret, complete and even modify the items ‎of the written constitution. ‎ …

Verdict On Selling What Is ‎Sold Before Taking ‎Possession Of It In Islamic ‎Jurisprudence, Ahmed Al-‎Saad

Jerash for Research and Studies Journal مجلة جرش للبحوث والدراسات

تقوم بعض المؤسسات المالية في وقتنا الحاضر بمعاملات بيع ، يتم فيها المبيع قبل قبضه ،ويتعرض على هذا الأمر بعض عامة ‏الناس الذين لا يعرفوا الحكم الشرعي في هذه المسألة ، كما يعترض بعض علماء الشريعة الأسلامية على ذلك ، وهذا ليس بجديد. ‏فقد اختلف الفقهاء من قبل في هذه المسألة في ضوء ما ورد من أحاديث . بحثت هذه المسألة ، ووقفت على النصوص واستدلال ‏الفقهاء بها ، ثم ترجح لدى جواز بيع المبيع قبل قبضه إذا كان غير الطعام وغير الأموال الربوية . والقبض بتحقق بالتخلية ‏والتمكين من التصرف ،لذا لا تشترط الحيازة الحسية بصحة بيع المبيع وإنما …

Drinking Wine Between The Limit ‎And Discretionary In Islamic ‎Law, Ahmad Al-‎Smadi

Jerash for Research and Studies Journal مجلة جرش للبحوث والدراسات

Linguistically wine means what is taken from grape juice ‎ and gets someone intoxicated . It is called wine for it affects one`s mind , jurists differed in Limiting the meaning of the ‎ term "wine" evidences of each team of jurists , I have com-‎ mission understanding that wine involves any intoxicating material according to the right versions . They generally limit the meaning of the term and what it denotes .‎ After surveying and discussing the jurists evidences , I can clarify that the punishment of a drunk is not a judgment because an evidence is not existing …

Parental Leave Policy And It's Impacts On Educators In Public Schools., Tahy Addison

Symposium of Student Scholars

Parental Leave and it’s impacts on educators within public schools. Tahy Addison Candidate for the B.S. in Human Services with a concentration in Nonprofit Management and Social Innovation Department of Social Work and Human Services

Dr. Jennifer A. Wade-Berg, Research Mentor

Abstract

Public Law 103-3 cited as the Family and Medical leave Act of 1993, was enacted to grant family and temporary medical leave under certain circumstances. The Family Medical Leave Act (FMLA) was created for Americans who feel that their career takes valuable time away from their children and loved ones. FMLA allows eligible employees up to 12-weeks of …

Measuring The Capacity To Combat Illicit Tobacco Trade In 160 Countries, Valerie Gilbert T. Ulep, Monica Paula Lavares, Ariza Francisco

Ateneo School of Government Publications

Background

Illicit trade of tobacco negatively affects countries’ tobacco control efforts. It leads to lower tobacco prices and makes tobacco products more accessible to vulnerable populations. In this study, we constructed an illicit tobacco trade index, which measures the structural and institutional capabilities of 160 countries in addressing illicit tobacco trade. We collected the most recent and best available data on general governance, tobacco control policies, and trade and customs practices.

Results

Singapore, New Zealand, Finland and Sweden lead countries with the most favorable illicit tobacco trade score. We observed a positive relationship between illicit tobacco trade scores and Gross …

Parameters Winter 2021, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

Broken Nest: Deterring China From Invading Taiwan, Jared M. Mckinney, Peter Harris

The US Army War College Quarterly: Parameters

Deterring a Chinese invasion of Taiwan without recklessly threatening a great-power war is both possible and necessary through a tailored deterrence package that goes beyond either fighting over Taiwan or abandoning it. This article joins cutting-edge understandings of deterrence with empirical evidence of Chinese strategic thinking and culture to build such a strategy.

What Went Wrong In Afghanistan?, Todd Greentree

The US Army War College Quarterly: Parameters

Critics of the Afghan war have claimed it was always unwinnable. This article argues the war was unwinnable the way it was fought and posits an alternative based on the Afghan way of war and the US approach to counterinsurgency in El Salvador during the final decade of the Cold War. Respecting the political and military dictates of strategy could have made America’s longest foreign war unnecessary and is a warning for the wars we will fight in the future.

New York’S No-Fault Automobile Liability Insurance Dispute Process, Brandon Hamroff

Cardozo Journal of Conflict Resolution (CJCR) Blog

No-fault automobile liability insurance coverage, also known as personal injury protection insurance (“PIP Insurance”), provides coverage for personal injuries arising from accidents involving the insured driver. PIP Insurance provides coverage to the insured driver, passenger, or pedestrians injured in the accident, regardless of whether the insured driver is at fault. As required under New York State’s motor vehicle insurance law, New York Insurance Law Article 51, the required coverage provides payments for the basic economic loss for each person injured. Basic economic loss is defined as up to $50,000 for medical bills, lost earnings, and related expenses, as a result …

From The Editor, Antulio J. Echevarria Ii

The US Army War College Quarterly: Parameters

No abstract provided.

Sino-Indian Border Disputes In An Era Of Strategic Expansions, Roman Muzalevsky

The US Army War College Quarterly: Parameters

The June 2020 clash between the People’s Republic of China and India in the disputed Ladakh border area resulted from the strategic expansions of both powers. Like two bubbles expanding in a contained space, these expansions were bound to collide and cause friction. This article explains how the expansions precipitated the incident and might exacerbate border disputes in the future. In pondering implications, it recommends Washington pursue a Eurasia-focused policy embracing the disputed region.

The Grand Strategic Thought Of Colin S. Gray, Lukas Milevski

The US Army War College Quarterly: Parameters

Colin S. Gray distinguished himself from other scholars in the field of strategic studies with his belief that grand strategy is indispensable, complex, and inherently agential. This article identifies key themes, continuities, conceptual relationships, and potential discontinuities from his decades of grand strategic thought. Gray’s statement that “all strategy is grand strategy” remains highly relevant today, emphasizing the importance of agential context in military environments—a point often neglected in strategic practice.

Sherman And His Historians: An End To The Outsized Destroyer Myth?, Mitchell G. Klingenberg

The US Army War College Quarterly: Parameters

For years, scholars have viewed the career of William Tecumseh Sherman in light of an antiquated destroyer myth and neglected his memoirs, which were written as a military textbook. This essay reviews Sherman’s legacy and literature, both of which contributed to the advancement of modern military thought. His experiences may serve as a prescriptive text to servicemembers, providing critical lessons on military warfare and philosophy still relevant today.

Book Reviews, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

Defeat Mechanisms In Modern Warfare, Frank Hoffman

The US Army War College Quarterly: Parameters

This article explores the current debate about service and Joint operating concepts, starting with the Army’s multi-domain operations concept. It argues for adaptations to an old operational design technique—defeat mechanisms; updates to Joint and service planning doctrine; and discipline regarding emerging concepts. Rather than debate over attrition versus maneuver, combinations of a suite of defeat mechanisms should be applied to gain victory in the future.

Contributor's Guidelines And Article Index, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

On “The Us Army And The Pacific: Challenges And Legacies”, Brian Mcallister Linn

The US Army War College Quarterly: Parameters

This commentary responds to David M. Finkelstein’s article, “The US Army and the Pacific: Challenges and Legacies,” published in the Autumn 2020 issue of Parameters (vol. 50, no. 3).

Review Essay, Robert L. Bateman

The US Army War College Quarterly: Parameters

No abstract provided.

Article Index, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

Book Reviews, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.