Law Commons^™

W. Org. Res. Councils, Et Al. V. U.S. Bureau Of Land Mgmt., Sawyer J. Connelly, Sawyer J. Connelly

Public Land & Resources Law Review

The United States District Court for the District of Montana granted Plaintiffs summary judgment against BLM and the State of Wyoming. The court ruled that BLM violated NEPA and the APA because it failed to consider alternative leasing programs and the broad downstream impacts of coal, oil, and gas leasing in two Powder River Basin resource management plans. This decision followed WORC I & II, in which the court remanded the same plans to BLM to correct deficiencies. Following BLM’s revisions, Plaintiffs again sued in this case, arguing the revisions were still deficient under NEPA.

Intersectionality In International Criminal Law Symposium, Cardozo International & Comparative Law Review

2022 Event Invitations

The Cardozo International & Comparative Law Review hosted a virtual symposium on intersectionality and how international criminal law can account for structural drivers of violence. Through critically questioning discriminatory systems and applications of the law, this symposium analyzes how the Rome Statute governs international criminal law, as exemplified by the International Criminal Court's rulings on enslavement.

This symposium features Alexandra Lily Kather, International Criminal Lawyer and Co-Founder of Emergent Justice Collective; Nick Leddy, Head of Litigation at Legal Action Worldwide; Priya Gopalan, International Criminal Lawyer and Member of the UN Working Group on Arbitrary Detention; moderated by Ramya Kudekallu, Telford …

Intersectionality In International Criminal Law, Cardozo International & Comparative Law Review

2022–2023 Flyers

The Cardozo International & Comparative Law Review is pleased to host a virtual symposium on intersectionality and how international criminal law can account for structural drivers of violence. Through critically questioning discriminatory systems and applications of law, this symposium will analyze how the Rome Statute governs international criminal law, as exemplified by the International Criminal Court's rulings on enslavement.

Yafchak V. S. Las Vegas Med. Inv’Rs., 138 Nev. Adv. Op. 70 (Oct. 27, 2022), Colin Meenk

Nevada Supreme Court Summaries

Professional negligence complaints are distinct from elder abuse complaints, with only the former requiring an affidavit of merit attached to the complaint. Where the type of complaint is unclear in regard to professional negligence and elder abuse, courts must look to the substance of the complaint to determine the scope and assess whether attachment of an affidavit of merit is statutorily required.

Abu Zubaydah And Publicly Available State Secrets, Hunter Rebetti

Cardozo International & Comparative Law Review (CICLR) Blog

In 2002, the Pakistani government arrested Abu Zubaydah, a suspected lieutenant of the terrorist group Al Qaeda, before passing him off to the Central Intelligence Agency (CIA). Early on in Zubaydah’s imprisonment he was moved between various CIA detention cites. Zubaydah claims the CIA held him in a detention site (aka “black-site”) in Poland during 2002 and 2003. Neither the CIA, nor any other branch of government, have confirmed that there is a detention site located in Poland.

This post was originally published on the Cardozo International & Comparative Law Review on November 9, 2022. The original post can be …

The Pga Tour V. Liv Golf: The Antitrust Case, Alexandria Ciadrullo

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

There has been controversy in the world of professional golf over recent months with the emergence of LIV Golf. Funded by Saudi Arabia’s Sovereign Wealth Fund, LIV has undergone criticism for being a tool used to “sportswash” Saudi Arabia’s terrible human rights record and improve the image of the Kingdom. Despite these critiques, LIV has managed to entice ten of the world’s top-fifty golfers by offering hundreds of millions of dollars in guaranteed money.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on November 9, 2022. The original post can be accessed via the …

The Relationship Between Seaworthiness And The Duty Of Disclosure Under The Marine Insurance Contract: An Analysis Of Uae, Us And English Law, [email protected] Al-Daboubi Dr.

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

يناقش هذا البحث تأثير شرط صلاحية السفينة للإبحار على عقد تأمين البضائع البحري. حيث تشمل الدراسة تحليلاً معمقاً للنصوص ذات الصلة في القانون الانجليزي والأمريكي والإماراتي، والتي تبدأ بشرح لمفهوم صلاحية السفينة للإبحار كالتزام يقع على كاهل الناقل البحري وفقاً لأحكام عقد نقل البضائع البحري. حيث يناقش الباحث من خلال هذه الجزئية القواعد القانونية ذات الصلة وفقاً للقانون الانجليزي الخاضع لأحكام اتفاقية لاهاي لسندات الشحن وبروتوكولها لعام 1979 وكذلك القانون الأمريكي الذي يخضع لأحكام معاهدة لاهاي لسندات الشحن لعام 1924، هذا بالإضافة لمناقشة نفس المسألة في ظل أحكام قانون التجارة البحرية الإماراتي. أما الجزئية التالية من هذا البحث فتتركز على …

Right To Informational Self-Determination As A General Civil Right: Analytical Study Of The European Regulation For The Protection Of Personal Data And The Provisions Of European Judiciary, Mohammed Hasson Ali Dr.

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

The research discussed the right to informational self-determination as a general civil right, which was inaugurated through the work analyzed by the European regulation of personal data protection under the European judiciary.

It was defined as the human right to control and monitor the processing of his personal data under a contractual or legal bond.

It included many properties, the highest of the importance of which:

The right of the subject to access his processed data, The right to transfer it, The right to correct it, The right to delete it ( the right to be forgotten), The right to …

The Novel Coronavirus Pandemic Between The Theories Of Emergency Conditions And Force Majeure And Its Impact On Contractual Obligations A Comparative Study In Islamic Jurisprudence, Prof. Hosni Mahmoud Abdel Samad

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

This study revolves around an old and renewed topic, which is: the new Corona epidemic between the two theories of emergency conditions and force majeure and its impact on contractual obligations, a study in comparison to Islamic jurisprudence. The study addressed this topic, through an introduction, three sections, and a conclusion. The introduction contained the introductory topic, the problematic of the topic, its importance, the reasons for writing it, the methodology used in writing it, and its pl

The first topic dealt with defining the vocabulary of the title (Corona epidemic, the theories of emergency conditions, force majeure - impact …

In-Kind Execution Of Contractual Obligations: Rule And Exceptions Under The Unidroit Principles And The French Civil Code, Yousef Mohammed Shandi Dr.

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

This research deals with the principle of in kind execution of contractual obligations and the exceptions thereto under the 2016 UNIDROIT Principles and the provisions of the French Civil Code created by decree of 10 February 2016, which amends the Law on Contracts and General Provisions and Proof of Obligations. Both the UNIDROIT Principles and the French civil law establish the principle of in kind execution; it applies to all types of contractual obligations. Nevertheless, the UNIDROIT Principles state five exceptions to this principle, namely: when performance is impossible in law or in fact; when performance is unreasonably burdensome or …

Cases Of Lifting The Swiss Banking Secrecy In Financial Crimes, Marwa Youssef Elbesiky Dr.

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

Banking secrecy is the most important obstacle facing the disclosure of financial crimes especially corruption and tax crimes where criminals commit corruption, theft, embezzlement, and tax evasion crimes and deposit their assets in countries that have strong banking secrecy provisions such as Switzerland in order to hide their illegal assets. Recovering those assets from Swiss banks which have strong banking secrecy, an issue that demands further exploration, is something that this research intends to undertake.

In this regard, this paper will analyse the Federal Act No. 955 of 1997 on Combating Money Laundering and Terrorist Financing in the Financial Sector. …

Towards The Application Of Artificial Estimation By The Public Administration In Government Sectors, Amira Badr

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

Due to the extraordinary emergency conditions that countries face and affect the performance of administrative authorities and their ability to provide services in public facilities, there is no doubt the emergency conditions that the world is witnessing at the present time, such as the Corona pandemic, has established the necessity towards the development of administrative authorities’ agencies for their digital utilities. And the use of artificial intelligence technologies and their development to enable them to make an administrative decision instead of the human employee.

Then the question arises: Can we, in light of the technological developments that we live now, …

Problems Of Conflict Of Laws On The Issue Of Inheritance Between Those Of Different Religions Under The Algerian Law: Analytical Study, M’Hamedi Bouzina Amina

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

What is established in Islamic law is the non-permissibility of inheritance between the Muslim and non-Muslim, which is also the case in the Arab laws, including the laws of countries that define the sectarian diversity of personal status; as in Egyptian law through Article VI of Law No. 77 of 1943 On the inheritance of non-succession between the Muslim and non-Muslim, which was followed by the Lebanese law of June 23, 1959, but if we return to the Algerian law, we find that he did not establish a base of attribution on this issue, and in the absence of a …

Judicial Applications Of The Rule “Lesson In Contracts Is For The Purposes And Meanings Not For The Words And Premises" In The Egyptian Civil Law And The Perspective Of The Uae Civil Transactions Law, Tahani Abotaleb Dr.

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

In this research, I tried to verify how the Egyptian Civil Law deals with the rule “Lesson in Contracts is for the Purposes and Meanings not for the Words and Says" which explains the contradiction between wordings of the contract and the real intent of the contracting parties, because it affects the parties’ obligations. For that purpose, understanding the rule from its origin (The science of the general rules of the jurisprudence) understanding its applications and verifying how other legislations deals with it is a must.

Although the Egyptian civil law has not mentioned this case, I tried to find …

Legal Protection For The Safety Of The Traveler In Commercial Space Flights: "A Study In Uae Law Comparing International Treaties And American Law, Alaa Yakoob Yousif Dr.

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

Commercial Space flights are no longer a fantasy. They are a promising reality, as they can be a means of transportation that will shorten time in the foreseeable future. While in their early steps, those flights undoubtedly need legal rules that support their existence and ensure their continuity. One of the most important rules are those regulating the legal protection of space flight parties, service providers and flight participants. This research deals with those rules, examining the concepts and exploring the regulations that could achieve such protection in the context of international treaties and national laws. Since the Emirati legislator …

Forms Of Expression Of Will In Constitutional Texts Regulating Rights And Freedoms And Its Impact On Their Guarantee: A Comparative Study), Fatima Zohra Ramdani Dr.

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

The study presents the problem of multiple method of expression in drafting constitutional legal rules related to the rights and freedoms of individuals, because the good constitutional rule simplifies the difficulties related to understanding and applying them, and spreading legitimate confidence in the legal system of the state, which results in protecting the legal framework in which individuals and state authorities interact alike the objective of the state of law.

The recherche revealed that the multiplicity of methods, and how to provide for rights and freedoms has two butt: the first hand is demonstrates the interest of the constitutional founder …

The Status Of The Saudi Political System Among Contemporary Political Systems: A Comparative Study, Nashmaih Mohammad Al-Otaibi Ms.

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

This study has dealt with explanation and analysis of the position of Saudi political system among contemporary political systems. This necessitated dealing with the relationship among authorities in Saudi political system, in addition to verification through investigating in relationship among authorities in general.

The research depth of this study lies in discussing the legal adaptation of Saudi political system through investigating its distinctive characteristics, then comparing it to other contemporary political systems in order to recognize conformity of description with anyone of them.

The study indicated the uniqueness of Saudi political system in obvious, stable characteristics that make it a …

Features Of The Demise Of The Theory Of Sovereign Acts In The Field Of Judicial Review Over Enforcement Of International Treaties, Sofiane Abdelli Judge

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

The theory of Sovereign Acts (acts of state) is a real departure from the principle of legitimacy and the state's submission to the law. The French Council of State invented this theory only to protect its existence and competence from the government's reaction on the eve of the return of the monarchy, it was only to fortify some of its acts from its control and to courtesy the government through its rulings.

However, the orientations of the State Council in its early stages have known many transformations, especially in the area of limiting the effects of the implementation of that …

Administrative Settlement Of Tax Disputes: (A Comparative Study Between The Emirati And The Egyptian Legislations), Dr. Mohamad El Shafie, Ahmed Aldalgawy

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

Contemporary economic, financial and political developments have imposed on the UAE the necessity of adopting an appropriate tax policy from 2016 to contribute to enhancing its financial revenues and keeping the balance of its public budget.

In this context, UAE issued the Tax Procedures Law No. 7/2017 to lay down the rules regulating tax disputes.

This study aims to discuss and analyse the administrative means established by law to settle tax disputes, compared to the similar Egyptian taxing legislations, so as to ultimately reach an optimal situation for resolving such disputes.

This study consists of two sections, the first one …

Civil Liability For Unconventional Damages In Maritime Accidents: A Comparative Study Between The Egyptian And Emirati Legislations, Dr. Abdul-Rahman Mohamed Salem

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

occupy an important rank among other types of accidents due to the evolution of the role of the machine, including ships, as well as the scientific development of the marine field and the surrounding environment, and we will focus our research on non-traditional marine accidents. Trying to establish an appropriate definition thereof, defining their scope, limiting their species and types of the damages resulting from them, whether related to the marine environment or other environments or human in any of them.

Then we try to find a suitable legal basis for civil liability resulting from the damage of non-traditional marine …

Unpermitted Hajj: Its Provisions And Islamic Jurisprudence Effects, Asma Salmeen Al-Aryani Dr.

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

The present study dealt with the unpermitted hajj artfulness, and the pilgrim`s breach of his requisite.

This research also elaborated on the juristic judgements and effects related to this problem.

The juristic judgements discussed in the present study pivoted around the judgement on the pilgrim`s unpermitted hajj, and on the pilgrim`s artfulness to get the hajj permission.

The effects of this phenomenon were viewed from two perspectives: firstly, the effects of prohibiting the pilgrim from the unpermitted hajj subsequent to the absolute Ihram (unconditioned by the removal of Ihram) and after the Ihram that is conditioned by the removal of …

Settlement Of Disputes Arising From Documentary Credit Under National And International Regulations, Dr. Hoda Magdy Nour

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

The need Settlement of disputes arising from bank credit between national and international rules, protecting the interests of the bank and ensuring its financial rights before the debtor.

As the Bank faces different technical and legal difficulties, as well as the multiplicity of legal adaptation, we deal with the rules governing banking accreditation from the point of pleadings law, and the methods of amicable settlement of these disputes and following, and compulsory execution.

International efforts are taking the lead in establishing the technical regulation of bank accreditation and setting rules "DOCDEX" in 1997, and the 2015 amendments, which still need …

Legal Evaluation Of The Regulation Of The Unified Motor Vehicle Insurance Policy: A Comparative Study, Issa Ghassan Al-Rabdi Dr.

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

The need Settlement of disputes arising from bank credit between national and Vehicle accidents pose a great danger to people's lives and property, which is why, decades ago, the United Arab Emirates turned towards the path followed by the vast majority of Arab and foreign countries, which is the regulation of compulsory insurance on the civil liability of vehicle accidents.

The Board of Directors of the Insurance Authority issued the unified vehicle insurance policy issued under the system of unification of vehicle insurance policies under Resolution No. (25) Of 2016. This document is a legal system, amending Ministerial Resolution No. …

Misperception In The Matter Pending On A Condition: Extract From The Book “Garden In The Eye Of The Beholder And Paradise Of The Overseer“ (Rawdat Al-Nazir Wa-Jannat Al-Munazir) Authored By The Scholar Ibn Qudamah (Deceased The Year 620 H), Dr. Radwan Abdul Rab Saif Al-Sururi

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

and it follows that the winds of understanding came with what the conclusion ship does not desire.

The looking for this texts is reflected by the researcher in a series of researches, whose mission is to correct the course of thought, which the text has received on the order of corrupt introductions, so review it on an unintended understanding.

Perhaps the researcher turned to the text itself, so perhaps it what made others disorientation.

This research represents the forefront of these texts that are considered in the book “Rawdat al-Nazir wa-Jannat al-Munazir" by Ibn Qudamah (may Allah be pleased with …

The Right To Happiness Between Legal Basis And Judicial Practice: A Comparative Constitutional Study, Tarek Abo El Wafa Dr.

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

The title of our research may surprise or astonish some people, as happiness, in fact, is something that is sought inside the man’s body, which makes it searched for and studied as a psychological and philosophical matter, not a legal one. However, this matter is aroused in the western legal jurisprudence a long time ago in terms of acknowledging it as one of the human rights. In reality, we can say that the supposed purpose of every law and every right embodies in achieving happiness for man. In other words, we can say that law and right are originally created …

Privacy Of Patients’ Medical Data Under The Corona Pandemic: A Comparative Study, Judge Dr. Samir Hosny El-Masry

UAEU Law Journal

United Nations Declaration of Human Rights (UDHR) 1948, Article 12: “No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honor and reputation. Everyone has the right to the protection of the law against such interference or attacks.” International Covenant on Civil and Political Rights (ICCPR) 1966, Article 17: “1. No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home, or correspondence, nor to unlawful attacks on his honor or reputation. 2. Everyone has the right to the protection of the law against such interference …

The Role Of The Will In Determining International Jurisdiction Of Bahraini Courts: A Comparative Analytical Study, Mohammed Walied El-Masry

UAEU Law Journal

Individuals in internal relations can choose the territorially competent court to consider their dispute, so they choose the court of the plaintiff’s domicile, for example, instead of the court of the defendant’s domicile, or the court of the place of execution of the contract instead of the court of the place where it was concluded, and this is a logical consequence of not considering the rules of local jurisdiction from the public order. Can individuals also exercise this option in international private relations, and grant jurisdiction to the courts of a specific country, knowing that their agreement here will have …

The New Uae Bankruptcy System: Incomplete Radical Amendments, Dr. Omar Fares Dr.

UAEU Law Journal

contained in the Commercial Transactions Law of 1993, and adopted instead a special law of bankruptcy, Federal Law Number 9 of 2016, he achieved tangible success in developing the national bankruptcy system through the radical amendments approved over this law. The Emirati legislator had a correct choice of expanding the scope of application of the new bankruptcy system to include, in addition to commercial companies, all civil, private and governmental companies, as well as free zone companies. But he failed when he decided to keep individual merchants alone subject to this system, without expanding the scope of its application to …

The Competence Of The Federal Public Prosecutor And The Prosecution For Emergencies, Crises And Disasters In Accordance With The Regulation For Controlling Violations Of Precautionary Measures To Limit The Spread Of The Corona Virus (Covid 19) And With The Federal Criminal Procedure Code, Prof. Abouelwafa Ibrahim Dr.

UAEU Law Journal

The research focuses on the importance of the decision of the Minister of Health and Prevention to add (Covid 19) to the schedule of communicable diseases. The decision entails the issuance of administrative regulations to control the spread of (Covid19) and the strict enforcement of Federal Criminal Code

The research discusses the problematic legal basis for delegating the power to the Federal Public Prosecutor to determine violations of the precautionary measures imposed to limit the spread of the Corona virus (Covid 19).) and to decide the value of the fines against the violations of the precautionary measures

It also examines …

Let The Exceptions Do The Work: How Florida Should Approach Environmental Regulation After Cedar Point Nursery V. Hassid, Olivia Johnson

University of Miami Law Review

For nearly fifty years, courts distinguished between per se physical takings and regulatory takings. Yet, in 2021, the Supreme Court signaled a change of course with the monumental Cedar Point Nursery v. Hassid decision. The ruling challenges the government’s ability to mandate anything that impacts private property. In the face of environmental catastrophe and increasing pressure to assuage our climate crisis, how can governments respond without triggering a takings challenge?
Chief Justice Roberts in his majority decision may have left the door cracked open for governments to work around the Cedar Point Nursery ruling. By looking at the legacy of …