Law Commons^™

رجوع محاكم النقض عن أحكامھا, لیلى غریب حمید الشامسي

Theses

The UAE Court of Cassation, like other courts of cassation in comparative judicial systems, has adopted the Judicial recourse system in some cases in order to avoid the procedural errors that occurred in it which affected the decision or judgment issued by it for no reason whatsoever to the will of the convict. For the first time in the UAE legislation, the system of recourse has been codified by the issuance of Decree Law No. 15 of 2021 amending some provisions of the Civil Procedures Law promulgated by Federal Law No. 11 of 1992 and published in the Official Gazette …

حمایة المستهلك في ضوء الالتزام قبل التعاقدي بالإعلام: دراسة تحليلية في القانون الإماراتي, یلوى عمر راشد المنصوري

Theses

This research aims to study the obligation of notification, Federal Law No. 15 of 2020 on Consumer Protection imposed this obligation on the supplier implicitly, which ensures that the consumer obtains correct information about the provided good or service. This study tries to identify the obligation of notification in the UAE legal system, how it differs from similar obligation to it; moreover, the scope of its implementation in terms of people and subject. Besides, it also indicates to what is the penalty of the failure to meet such obligation.
Moreover, this study discusses the legal legislation of the obligation of …

التأمین من المسؤولیة المدنیة الناجمة عن انتقال الأمراض المعدية (فایروس كورونا كمثال), موزة عبدالله النعیمي

Theses

No abstract provided.

خصوصیة تنفیذ عقد البیع التجاري الدولي للبضائع وفقاً لاتفاقیة فیینا, شيخة راشد البلوشي

Theses

With the advancement of technology and the continuous development in the world, our big world has become like a small village and international trade contracts have become faster than ever. The international sales contract is the most widespread and most famous international trade contract at all. This contract plays an important role at the level of the international community, which is witnessing remarkable development in light of globalization, freedom of trade and economic blocs. Therefore, the focus of our study revolve around the specificity of the implementation of the contract for the international commercial sale of goods in accordance with …

مبدأ سمو الدستور وآلیة الحفاظ علیه في دولة الإمارات العربیة المتحدة (دراسة تحليلية), أحمد علي محمد مسعود البلوشي

Theses

The study concluded that the constitution, which is the basis of all legal activities practiced by the state, is superior to all legal rules that make up the legal system in the United Arab Emirates. The manifestations of the supremacy of the constitution are represented in two aspects: The objective transcendence that proves for all constitutions, both flexible and rigid, and does not have legal effect, and the formal transcendence that prove only for rigid constitutions, which require special procedures to be followed to amend them, so that the legislative authority is not able to manipulate the constitutional rules and …

خصوصیات التقاضي في المنازعات الضریبیة (دراسة في التشریع الإماراتي وتطبیقات القضاء), سیف صالح الحربي

Theses

This study deals with the legal regulation of the procedures for filing a tax lawsuit. The subject of the study is determined by dealing with the stages prior to the establishment of the tax lawsuit, which are; the stage of reconsideration that is before the tax administration represented by the Federal Tax Authority and the stage of the tax dispute settlement committee that was singled out by the federal legislator in particular and made its subordination to the Ministry of Justice.
The subject of the study revolves around the legal system for the reconsideration phase, in order to determine what …

المسؤولیة المدنیة عن الاضرار الناشئة عن استخدام الذكاء الإصطناعي في مھنة الطبیب الآلي, سلمى غابش سالم الخمیسي

Theses

The civil liability arising from the use of Artificial Intelligence (AI) in the robotic doctor profession has recently become an innovative topic of discussion in the UAE, as it aims to to employ modern technologies to serve humanity in various fields. This study sheds light on the issue of the role of artificial intelligence in the practice of robotic doctors and the position of the UAE Civil Law, the Federal Medical Liability Law No. (4) of 2016, and the Executive Regulations No. (40) of 2019 and reviewing the report of the European Union Legal Affairs Committeem and the European Parliaments …

Privacy Qui Tam, Peter Ormerod

Faculty Publications

Privacy law keeps getting stronger, but surveillance-based businesses have proven immune to these new legal regimes. The disconnect between privacy law in theory and in practice is a multifaceted problem, and one critical component is enforcement.

Today, most privacy laws are enforced by governmental regulators—the Federal Trade Commission, the nascent California Privacy Protection Agency, and state attorneys general. An enduring impasse for proposed privacy laws is whether to supplement public enforcement by using a private right of action to authorize individuals to enforce the law.

Both of these conventional enforcement schemes have significant shortcomings. Public enforcement has proven inadequate because …

Information Operations Under International Law, Tsvetelina Van Benthem, Talita Dias, Duncan B. Hollis

Vanderbilt Journal of Transnational Law

An information operation or activity (IO) can be defined as the deployment of digital resources for cognitive purposes to change or reinforce attitudes or behaviors of the targeted audience in ways that align with the authors' interests. While not a new phenomenon, these operations have become increasingly prominent and pervasive in today's digital age, a trend that the ongoing war in Ukraine and the use of the internet for terrorist purposes tragically demonstrate. Against this backdrop, this Article critically assesses the existing international legal framework applicable to IOs. It makes three overarching claims. First, IOs can cause real and tangible …

The Pivotal Role Of International Human Rights Law In Defeating Cybercrime: Amid A (Un-Backed) Global Treaty On Cybercrime, Professor Fatemah Albader

Vanderbilt Journal of Transnational Law

On May 26, 2021, the General Assembly of the United Nations adopted a resolution approving the drafting of a new global treaty on cybercrime, which commenced in February 2022. The proposed UN agreement on cybercrime regulation has garnered significant criticism among the international community, namely by state delegates, human rights advocates, and nongovernmental organizations. Fears stem from the belief that such a treaty would be used to legitimize abusive practices and undermine fundamental human rights. National cybercrime laws already unduly restrict human rights. However, at a time where the global community has moved toward a digital world, it becomes even …

Trump V. Tiktok, Anupam Chander

Vanderbilt Journal of Transnational Law

How did a Chinese big tech company beat the president of the United States? When then-President Donald Trump sought to ban TikTok, ostensibly because of its Chinese roots, US courts came to TikTok's rescue. Rather than deferring to the president's claims of a national security emergency justifying the ban, courts held that the president lacked statutory authority to ban TikTok. This Article chronicles the Trump administration's attempt to either ban TikTok or to compel its sale to a "very American" company, preferably one led by a political ally. The TikTok affair thus demonstrates what Harold Koh calls the National Security …

The Law And Politics Of Ransomware, Asaf Lubin

Vanderbilt Journal of Transnational Law

What do Lady Gaga, the Royal Zoological Society of Scotland, the city of Valdez in Alaska, and the court system of the Brazilian state of Rio Grande do Sul all have in common? They have all been victims of ransomware attacks, which are growing both in number and severity. In 2016, hackers perpetrated roughly four thousand ransomware attacks a day worldwide, a figure which was already alarming. By 2020, however, ransomware attacks reached a staggering number, between twenty thousand and thirty thousand per day in the United States alone. That is a ransomware attack every eleven seconds, each of which …

Sunshine Laws Behind The Clouds: Limited Transparency In A Time Of National Emergency, Ira P. Robbins

Scholarly Articles in Law Reviews & Journals

The COVID-19 pandemic dramatically changed the way citizens lived their lives, businesses operated, and governments functioned. With most people forced to stay home, the pandemic also disrupted how people received their news and other essential information. Public records and public meetings had to adapt to face the growing challenges in a locked-down world. While some governmental bodies were able to keep up with the threat that COVID-19 posed against transparency, others either failed to acclimate to the new normal or actively took advantage of the circumstances to limit how much the public knew not only about the crisis, but about …

The Romantic Author As Compelled Speaker, Sonya G. Bonneau

Georgetown Law Faculty Publications and Other Works

The romantic author trope has been extensively criticized in the copyright context, yet it threatens to emerge as a new pillar of First Amendment compelled speech jurisprudence. Justice Thomas’s concurring opinion in Masterpiece Cakeshop v. Colorado Civil Rights Commission exemplifies the trope’s rhetorical power, and the costs of that approach. Casting the baker as an artist, Justice Thomas finds that creating custom wedding cakes was speech, and that applying a public accommodations law to require service to a same-sex couple triggered strict scrutiny review. This is an extraordinary result. Although the Court never adjudicated the compelled speech claim, it will …

Lawyer Training Shouldn't Be One Size Fits All, Heidi K. Brown

Articles & Chapters

No abstract provided.

Keeping Current - Probate [Notes], Claire Hargrove, Paula Moore, Kerri G. Nipp, William P. Lapiana, Jake W. Villanueva

Articles & Chapters

No abstract provided.

Catch And Kill Jurisdiction, Zachary D. Clopton

Michigan Law Review

In catch and kill journalism, a tabloid buys a story that could be published elsewhere and then deliberately declines to publish it. In catch and kill jurisdiction, a federal court assumes jurisdiction over a case that could be litigated in state court and then declines to hear the merits through a nonmerits dismissal. Catch and kill journalism undermines the free flow of information. Catch and kill jurisdiction undermines the enforcement of substantive rights. And, importantly, because catch and kill jurisdiction relies on jurisdictional and procedural law, it is often able to achieve ends that would be politically unpalatable by other …

The Failed Federalism Of Affordable Housing: Why States Don't Use Housing Vouchers, Noah M. Kazis

Michigan Law Review

This Article uncovers a critical disjuncture in our system of providing affordable rental housing. At the federal level, the oldest, fiercest debate in low-income housing policy is between project-based and tenant-based subsidies: should the government help build new affordable housing projects or help renters afford homes on the private market? But at the state and local levels, it is as if this debate never took place.

The federal government (following most experts) employs both strategies, embracing tenant-based assistance as more cost-effective and offering tenants greater choice and mobility. But this Article shows that state and local housing voucher programs are …

The Particle Problem: Using Rcra Citizen Suits To Fill Gaps In The Clean Air Act, Kurt Wohlers

Michigan Law Review

While the Clean Air Act has done a substantial amount for the environment and the health of individuals in the United States, there is still much to be done. For all its complexity, the Act has perpetuated systemic inequities and allowed harms to fall more heavily on low-income communities and communities of color. This is no less true for particulate matter pollution, which is becoming worse by the year and is a significant cause of illness and premature death. This Note argues that particulate pollution, traditionally only regulated on the federal level within the ambit of the Clean Air Act, …

Rebuilding Platform Antitrust: Moving On From Ohio V. American Express, Steven C. Salop, Daniel Francis, Lauren Sillman, Michaela Spero

Georgetown Law Faculty Publications and Other Works

Now that the immediate fallout from the Supreme Court’s blockbuster Amex decision has cooled, this Article aims to give a first draft of its place in antitrust history and to offer a roadmap for the next stage of the evolution of platform antitrust analysis. We focus on several issues that have not been fully analyzed in the literature. First, we argue that, rather than mangling the law of market definition, the Court should have explicitly permitted multi-market balancing of effects across the separate markets in which the platform was active. Second, we propose standards to implement such balancing in cases …

The Investment Chapter In The Regional Comprehensive Economic Partnership: Enhanced Rules Without Enforcement Mechanism, Henry S. Gao

Research Collection Yong Pung How School Of Law

This Chapter examines the legal rules in the investment chapter in the Regional Comprehensive Economic Partnership (RCEP). It starts with an overview and summary of the main provisions in the chapter, followed by an assessment of the rules by comparing established free trade agreements (FTAs), especially the Comprehensive and Progressive Trans-Pacific Partnership. In particular, it notes that the chapter, whilst largely following the established approaches to investment in other FTAs, also includes important twists to the common rules to favour the host states. The last part discusses the conspicuous absence of an investor-state dispute settlement mechanism, its pros and cons, …

Book Review: Mediation Ethics: A Practitioner's Guide Edited By Omer Shapira Ed, Dorcas Quek Anderson

Research Collection Yong Pung How School Of Law

A review of the book Mediation ethics: A practitioner's guide, edited by Omer Shapira. Mediation ethics have been consistently featured in mediation training courses and mediation ethical principles have also been encapsulated in mediation providers’ codes of conduct for mediators. However, mediation ethics have probably inspired fewer publications and academic discussions than the popular topic of mediation skills. It is thus timely that Shapira has edited this publication focusing on mediation ethics. Published in 2021, this collection of reflections on mediation ethics has been written primarily for the American mediation profession, with frequent references made to the US Model Standards …

Buyer Beware: Avoiding Pitfalls When Buying Fine Art, Gerard Ng, Vincent Ooi

Research Collection Yong Pung How School Of Law

Our article introduces the reader to crucial concepts such as provenance, authenticity and ownership of fine art. It explains how one can check the established art databases and registers to conduct due diligence searches.We also explain the importance of a written contract for both buyers and sellers. The current common practice of transacting without a written contract can lead to considerable difficulties if issues with the artwork are discovered in the future.At the minimum, a contract should make it clear that the seller has the full responsibility for the accuracy of the provenance, particularly in cases where the artwork has …

The Curious Case Of The 0.1 Per Cent Service Charge, Vincent Ooi

Research Collection Yong Pung How School Of Law

Just before 1 August 2022, a coffeeshop zi char chain announced that it would impose a 0.1% service charge. This decision was reversed within two weeks due to "customers' reactions".While the rate might appear to be absurdly low and not worth the trouble of imposing, this article suggests that there was more to the situation than first meets the eye. GST regulations require merchants to list GST inclusive prices unless the goods and services are provided by hotels and F&B outlets that are subject to a service charge. The 0.1% rate is thus explicable as a likely attempt to get …

Masthead & Table Of Contents

Dalhousie Law Journal

No abstract provided.

Brief Of Amici Curiae In Support Of Applicant' Application To Vacate The Injunction In Biden V. Nebraska, Jeffrey Lubbers

Amicus Briefs & Court Filings

Amici curiae are law professors at law schools around the nation. They respectfully move for leave to file the enclosed brief in support of Applicants' application to vacate the injunction entered by the United States Court of Appeals for the Eighth Circuit pending appeal of the preliminary injunction issued by the United States District Court for the Eastern District of Missouri, including leave to file without ten days' notice to the parties, as ordinarily required by this Court's Rule 37.2(a), and leave to file in 8½-by-11-inch format, as provided in Rule 33.2.

The Dental Health Of Rural Elderly People And Its Social Justice Implications, Jacqueline Fox

West Virginia Law Review

No abstract provided.

Medicaid Expansion Expectations, Deborah R. Farringer

West Virginia Law Review

No abstract provided.

Financing Rural Health Care, Isaac D. Buck

West Virginia Law Review

No abstract provided.

International Human Rights As A Vehicle For Achieving Rural Health, David H. Moore, Emily Lowder, Cami Schiel

West Virginia Law Review

No abstract provided.