Law Commons^™

Preserving The Royalty-Free Standards Ecosystem, Jorge L. Contreras, Rudi Bekkers, Brad Biddle, Enrico Bonadio, Michael A. Carrier, Bernard Chao, Charles Duan, Richard J. Gilbert, Joachim Henkel, Erik Hovenkamp, Martin Husovec, Kai Jacobs, Dong-Hyu Kim, Mark A. Lemley, Brian J. Love, Luke Mcdonagh, Fiona M. Scott Morton, Jason M. Schulz, Timothy Simcoe, Jennifer M. Urban, Joy Y. Xiang

Utah Law Faculty Scholarship

It has long been recognized in Europe and elsewhere that standards-development organizations (SDOs) may adopt policies that require their participants to license patents essential to the SDO’s standards (standards-essential patents or SEPs) to manufacturers of standardized products (“implementers”) on a royalty-free (RF) basis. This requirement contrasts with SDO policies that permit SEP holders to charge implementers monetary patent royalties, sometimes on terms that are specified as “fair, reasonable and nondiscriminatory” (FRAND). As demonstrated by two decades of intensive litigation around the world, FRAND royalties have given rise to intractable disputes regarding the manner in which such royalties should be calculated …

The Legal Requirement For Command And The Future Of Autonomous Military Platforms, Rain Liivoja, Eve Massingham, Simon Mckenzie

International Law Studies

Technologically advanced armed forces extensively use platforms that can be controlled remotely and do not require an on-board crew. Increasingly, these systems have the capacity to function with some degree of autonomy. The use of autonomous functionality is not specifically prohibited or regulated by the law of armed conflict but the use of autonomous functions in military systems remains governed by the general principles and rules of international law.

One existing international law concept may constrain the use of autonomous capabilities in military vessels and aircraft. This is the notion that military units must be “under the command” of an …

Litigation Over Public Procurement In Light Of Algerian Legislation And Judicial Precedents, Dr. Ahcene Rabhi

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

The flexibility and dynamism of the substantive dimensions of public tenders have been reflected by the large legal provisions enacted by the Algerian legislature in order to control disputes concerning this type of administrative contracts. This has been initially divided according to a threefold approach, which takes into account the adaptation of administrative proceedings and their types, and finally the legal solutions applied to adjudicating them. However, despite the considerable attraction of this legislative position, it was quickly and widely criticized for the large gaps it left, resulting in the "embarrassment" of the administrative judiciary in many legal problems. This …

The Issue Of Intent In The Saudi Capital Financial Market Law, Dr. Ramy Abdulaziz Saleh Alshebl

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

This study tries to analyze the issue of intention required to constitute a criminal offense in the Saudi Capital Market from the Legislative stand of point and from the way the court, which is a committee for resolution on securities disputes, construes the law. Capital Market crimes are a type of economic crime, which have distinct features than ordinary crimes in the way they are conducted, tools used, residues it keeps after the crime ending by the court procedure. The study tried to define the intention element, which might be referred to as Men’s Rea, in economic crimes from scientific …

Foreclosure In English Law: A Comparative Analytical Study Of Islamic Jurisprudence And Comparative Law, Younis Salah Eddin Ali Dr.

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

The Foreclosure is considered as the most drastic or draconian remedy, which leads to the extinction of the equitable right of redemption and restoration or recovery of the mortgaged property enjoyed by mortgagor, due to his or her default from repaying the debt secured by mortgaged Property. Which allows the mortgagee to acquire the ownership of the mortgaged Property, after being transferred to him or her. It is also worth-bearing in mind that the foreclosure is considered as an equitable system, imposed by the rules of justice and equity, in order to eliminate the mortgagor's procrastination or default from repaying …

Review Of Tax Incentive Legislations Conducive To Investments In Jordan, Dr. Abdelrauof A. Al Kasasbeh

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

Generally, all countries will try and encourage economic growth by providing the right economic environment for investor. Tax incentives legislations are considered one of the most used tools that can encourage foreign and local investors to bring in and inject the required cash to any economy.

Jordan, like any country, has its own set of tax incentives legislation to help grow its own economy. In this article these tax incentives legislations will be looked at and scrutinised, as some of these legislations do contradicts others within the Jordanian law. These contradictions within the Jordanian tax legislations come from the following …

The Supervisory Jurisdiction Of The Palestinian Constitutional Court Over Legislative Abstention: Acomparative Analytical Study, عمر ح. التركماني Dr.

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

judiciary of refrain legislative refrain to treatment vacuity result of it, where i started from the main question, which is the extent of the limits of the Palestinian Constitutional Court in overseeing legislative refrain in case of lack an explicit provision authorizing it of this jurisdiction, in order to understand all aspects related this topic, we divided study into three sections.

In first section, we discussed what's nature of legislative refrain and motives of confronting it, as for the second section, we devoted it to talking about the limits of the Constitutional Court's authority to supervision legislative refrain, in third …

Subjecting Armed Groups To International Law: A Study On The Rules Of International Humanitarian Law And The Extent Of Their Development, Salwa Elekyabi Dr.

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

While current core rules governing armed conflicts has remained almost the same since the adoption of the 1949 Geneva Conventions and its two additional protocols of 1977, the nature of non-international armed conflicts has gone under a tremendous development. This poses a question on whether there is a need to develop the rules of International Humanitarian Law (IHL) applicable to Armed Groups in times of non-international armed conflicts to cope with the changes in the armed conflicts layout. Accordingly, this article is addressing this question and examining ways to improve armed groups’ compliance to the provisions of the IHL.

This …

An Analytical Study Of Family Ownership According To Law No. (9) Of 2020 Regulating Family Ownership In The Emirate Of Dubai, Dr. Nasr Aboul Fotouh Farid Hassan

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

In this research, we discussed the Family ownership, which is a type of common property that regulates the rights of the same family members who work together. This family ownership aims to save the money by figuring out the perfect way to invest it. Furthermore, we explained the family ownership contract and the rules that regulate it. We also addressed how to transfer the common ownership, and how to manage the family ownership. We have concluded that, there is a difference in the “family concept” between the “Family Planning Law” in the Emirate of Dubai and that stated in the …

Good Faith In Contract Drafting Stage: A Study In Light Of French, Emirati, And Moroccan Laws, Dr. Ahmed Ed-Drari

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

This study deals with discussing the general duty of good faith as it establishes the criteria for practicing a reasonable manner of freedom within a framework that does not override the legality of what is imposed by the social system.

There is no doubt that the position of the French legislator who codified what was settled by the French judiciary under the civil law of 1804, so that it stipulated the validity of goodwill in all four stages of the contract, starting from its negotiation, conclusion, implementation, and after its end, as it is considered a restriction on behavior that …

The Novelty In Terms Of Jurisdiction And Procedural System For The Enforcement Of Foreign Arbitration Awards In The United Arab Emirates, Prof. Sayed Mahmoud Ahmed, Mudhafar Al Rawi

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

The voluntary and forced execution embodies the purpose of the request for arbitration for anyone who obtains an award that achieves the purpose of the arbitration proceeding. In the context of foreign arbitration awards, permitting without national conditions or restrictions for the enforcement of foreign arbitration awards prejudices the sovereignty of the State over its territory, so the order of enforcement has become the judicial regulatory instrument imposed by the national legislator on the will of the parties, which is subsequent control over the issuance of the arbitration judgement - national, international or foreign - when it is to be …

Trump Isn’T Going To Jail. And That’S Good News For Democrats, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.

Uniform Maine Citations, 2022-2024 Edition (Superseded), Michael D. Seitzinger, Charles K. Leadbetter, Sara T.S. Wolff

Uniform Maine Citations

Uniform Maine Citations is organized so that similar types of references to Maine authorities appear together. The organization is grouped by primary or secondary research materials, including subdivisions for (1) statutory and legislative materials, including constitutions, statutes, legislative documents, and municipal ordinances; (2) court decisions, rules, and documents; (3) executive agency regulations, reports, and other documents; and (4) secondary materials that analyze and interpret the primary materials, including Maine-specific treatises, practice books, and legal periodicals. Beyond guidance for proper citation, the primary and secondary sources identified in this edition constitute a useful catalog of materials available to support research into …

The Deep South’S Constitutional Con, Lynn Uzzell

St. Mary's Law Journal

No abstract provided.

Hermeneutics For Legal Research And Analysis, Konstantin G. Vertsman

St. Mary's Law Journal

No abstract provided.

Inter-Circuit Judicial Splits Surrounding The Class Action Fairness Act’S “Local Single Event” Exception—A Proposal To Resolve The Confusion, Odalys Vielma

St. Mary's Law Journal

No abstract provided.

Marijuana Legalization: Child-Centered Considerations In Texas Family Law Matters, Julie Whitson

St. Mary's Law Journal

No abstract provided.

The Dark Side Of Due Process: Part Ii, Why Penumbral Rights And Cost/Benefit Balancing Tests Are Bad, Joshua J. Schroeder

St. Mary's Law Journal

No abstract provided.

Weekly Pop-Up Class: Understanding The Lgbtq+ Civil Rights Movement And Why It Matters, Dmytro Vovk, Benjamin N. Cardozo School Of Law

2022 Event Invitations

Dmytro Vovk, Cardozo Visiting Associate Professor will cover Religious Freedom and LGBTQ+ Rights: The European Court of Human Right's Perspective.

Dmytro Vovk runs the Center for Rule of Law and Religion Studies at Yaroslav the Wise National Law University in Kharkiv, Ukraine. He was an expert on human rights and rule of law for USAID, OSCE/ODIHR, Council of Europe and Constitutional Commission of Ukraine.

An Introduction To "Marshall Law", Ip Theory Volume 12 Editorial Board

IP Theory

No abstract provided.

David R. Harman, Plaintiff/ Appellant, V,105 Partners, Llc Fka 105 Holdings, Llc, Anthony M. Thurber And Brekke R. Felt, In Their Capacity As Trustees Of The Anthony Fernlund & Lorraine Thurber Trust, And Lorraine Thurber, Defendants/ Appellees : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from Final Judgment Granting Motions to Dismiss, Amended Final Judgment and Denial of Temporary Restraining Order Fourth District Court for Utah County, Provo Department The Honorable Robert Lund

Richard D. Flint, Angelica M. Juarez, Attorneys for Appellee 105 Partners, LLC FKA 105 Holdings, LLC, Leslie W. Slaugh, Richard A. Roberts, Attorneys for Appellees Anthony M. Thurber and Brekke R. Felt

J. Spencer Ball, Attorney for Appellant David R. Harman

David R. Harman, Plaintiff/ Appellant V. 105 Partners, Llc Fka 105 Holdings, Llc , Anthony M. Thurber And Brekke R. Felt, In Their Capacity As Trustees Of The Anthony Fernlund & Lorraine Thurber Trust, And Lorraine Thurber, Defendant /Appellees : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from Final Judgment Granting Motions to Dismiss, Amended Final Judgment and Denial of Temporary Restraining Order Fourth District Court for Utah County, Provo Department The Honorable Robert Lund

Richard D. Flint, Angelica M. Juarez, Attorneys for Appellee 105 Partners, LLC FKA 105 Holdings, LLC, Leslie W. Slaugh, Richard A. Roberts, Attorneys for Appellees Anthony M. Thurber and Brekke R. Felt, in their capacity as Trustees of the Anthony Fernlund & Lorraine Thurber Trust, and Lorraine Thurber

J. Spencer Ball, Attorney for Appellant David R. Harman

Abolition, And A Mule: Guest Lecturer In Race And The Foundations Of American Law Course 09-28-2022, Paul Butler, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

The Nation’S Debt Limit Serves No Purpose. It Should Be Eliminated, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.

Collin Walsh ’13 Named A "Careers & The Disabled" Magazine “National Employee Of The Year”, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

On the third day of Foreign Service orientation as a U.S. Department of State Diplomatic Security Service special agent candidate, Collin Walsh couldn’t walk.

The 2013 Maurer School of Law alumnus had been experiencing mild symptoms, like skin sensitivity in his legs, over the previous week, but didn’t make anything of it.

In that first week of DSS training, Walsh went from mild symptoms to near complete immobility. Seemingly overnight, the former NCAA All-American middle-distance runner couldn’t move. . .

Book Ban Opponents Face An Uphill Battle With Current Discretionary Review Standards, Zach Cihlar

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

On October 25th, 2021, Texas State Representative Matt Krause, in his capacity as Chairman of the Committee on General Investigating, circulated a letter addressed to the Texas Education Agency and school-district superintendents. The letter requested that superintendents identify and investigate a list of 800 books possibly held in their districts’ libraries that might contain topics ranging from human sexuality to HIV/AIDS to any material that “might make students feel discomfort, guilt, anguish . . . or psychological distress because of their race or sex . . . .”

This post was originally published on the Cardozo Arts & Entertainment Law …

70 Years Of Dance: Copyrighting Choreography Since 1952, Annie Planker

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

Choreography has long been a subject of controversy in the world of copyright. Despite its significance in the artistic community and the rise of social media in our everyday lives, choreography has not received the same property protections as other artforms, such as music, painting or sculpture. This is partly due to the transient nature of choreography; copyright law requires “fixed expressions” of works. It is also due to a legal hesitation to limit “social” arts. Lawmakers have little desire to prohibit large masses from participating in cultural activities.

This post was originally published on the Cardozo Arts & Entertainment …

Peer Mediation: A New Opportunity In St. Louis City Schools, Beatrice Connaghan

SLU Law Journal Online

Mediation is often used in legal disputes, but what happens when the same process is applied to children in order to deter conflicts and avoid the need for school administration intervention? In this article, Beatrice Connaghan discusses the process of training students to become peer mediators to deter conflicts in St. Louis Schools.

Brief Of Religious Liberty Scholars And Employment Law Scholars As Amici Curiae In Support Of Petitioner, Douglas Laycock, John A. Meiser, Richard W. Garnett

Court Briefs

No. 22-174
Gerald E. Groff v. Louis DeJoy

On Petition for a Writ of Certiorari to the United States Court of Appeals for the Third Circuit

From the Summary of Argument

This case is an ideal vehicle for correcting an error that has undermined protection for religious workers across the country, in defiance of clear statutory text and underlying principles of religious liberty.

Brief Of Amici Curiae - Sissel V. Wormuth, Frank Rosenblatt, Eugene R. Fidell

Journal Articles

No abstract provided.