Law Commons^™

Vol. 63, No. 06 (September 26, 2022)

Indiana Law Annotated

No abstract provided.

Mmu: 09/26/22–10/02/22, Student Bar Association

Monday Morning Update

This Week @ NDLS

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Commons Daily Menu

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Message from your editor: Lizzy Forzley

1L of the Week: Manuela Correa

2Ls Taking Ls: Huan Nguyen

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Jackie's Corner

Nicholas Kuhar And Julie Kuhar, Respondent, V. Thompson Manufacturing, Inc., Petitioner : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2021– )

Colin P. King, Paul M. Simmons, Matthew Weng, Attorneys for Plaintiffs/ Appellees/ Respondents

Colin P. King, Paul M. Simmons, Matthew Weng, Attorneys for Plaintiffs/ Appellees/ Respondents

Robert L. Janicki, Michael L. Ford, Attorneys for Defendant/Appellant/Petitioner Thompson Manufacturing, Inc.

Ndls Communicator: Week Of 09.26.22, Notre Dame Law School

NDLS Communicator

The Latest News

• Professor Avishalom Tor hosted the Consulate General of Switzerland in Chicago to discuss collaborative efforts
• Max Gaston has launched a new Diversity, Equity, and Inclusion podcast where he will explore the concepts of diversity, equity, inclusion, culture, belonging, unity, and creativity as they arise in law, culture, and society.
• Rick Garnett was on the Bloomberg Law podcast discussing the Supreme Court's response to Yeshiva University's legal fight over recognition of a campus LGBTQ student group.
• Lloyd Mayer was quoted by The Daily Beast in "Inside Shaun King’s Shadowy $6.7 Million Nonprofit."
• Sherif Girgis gave a Constitution Day …

The Academic Medical-Legal Partnership: Training The Next Generation Of Health & Legal Professionals To Work Together To Advance Health Justice, Vicki W. Girard, Deborah F. Perry, Lisa P. Kessler, Yael Cannon, Prashasti Bhatnagar, Jessica Roth

Georgetown Law Faculty Publications and Other Works

As the national medical-legal partnership (MLP) movement grows, the need for doctors, nurses, social workers, other health professionals, and lawyers who have the knowledge, skills, and experience to collaborate effectively in this holistic healthcare approach is increasing. Given the unique role that institutions of higher education play in training students as they develop their professional identities, members of the Georgetown University Health Justice Alliance sought to build on prior efforts to define the MLP model by focusing on MLPs that exist in academic settings as a specific type of MLP. This report is based on the results of an environmental …

Mut’Ah Divorce: Its Concepts And Its Provisions: A Comparative Study Between Islamic Jurisprudence (Fiqh) And Omani Law, Dr. Rashid Bin Hamoud Naziri

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

The study discusses the money paid to the divorcee woman (Mut’ah) as a result of the divorce. Many Muslim scholars have different views towards the provisions and details of this due payment to the divorcee. Further, the Omani Personal Statue law has an opinion for its provisions. As a result, this study is conducted to set the base for this opinion, explain its view, intentions and goals that law bore in its’ inactions.

This study has two approaches; the first one is classified into two sub-quests. The first sub-quest discusses the linguistic definition of (Mut’ah), while the other one discusses …

Limits And Scope Of The Authority To Amend The Kuwaiti Administrative Contract During Its Execution, Dr. Mona Al Hajri

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

This research is concerned with studying the authority of amendment in the administrative contracts in Kuwait during its execution in a broad concept and how it affects the administrative contract as a whole. The study discussed the concept of amending the administrative contract, which includes amending the identity of one of the contracting parties or amending the content of the contract. The study also determined how the amendment is limited by a number of restrictions that widens and narrows according to the types of those contracts, and in accordance with what is stipulated in the contract and the laws and …

Criminal Confrontation Of Encrypted Digital Currencies And Artificial Intelligence Crimes Analytical Study In Egyptian And Comparative Legislation, Dr Ramy Metwally El-Kady Dr.

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

The world is on the cusp of a fourth industrial revolution, which is a tsunami of technological progress that will change the details of human life, through its dependence on the Internet of Things, Blockchain and artificial intelligence applications. Criminal law, legislators and criminal justice agencies do not seem isolated from these developments, and the research aims to shed light on the fourth industrial revolution and its new tools, address blockchain technology and its link to virtual currencies and their misuse, shed light on the rules of responsibility resulting from the use of artificial intelligence applications, and shed light on …

The Notion Of Causation Under The New French Contract Law From The Traditional Function To A Tool For Controlling Contractual Balance, Dr. Dellal Yazid, Taboukouyout Youcef

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

This paper analyses the recent reform of Contract Law in France under the Order n°2016-131 of February 10, 2016, modifying the French Civil Code provisions on Contract Law and the general regime and proof of obligations. The ‘causation’ was consecrated as a condition of contracts validity in the Napoleonic Code of 1804, it remained effective for two centuries despite its juristic controversy. The controversial notion of ‘causation’ has been removed from the Code which introduced ‘the contractual content’ as an essential condition in contracts. This study concludes that the abandonment of 'causation' in the recent reform of Contract Law in …

The Ruling To Return The Indiscriminately Terminated Worker To His Work In Light Of The Moroccan Social Legislation, Nidal Mustafa Ghaith

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

This study examines the settlement of individual labour disputes arising between the employer and the employee through the ruling to return the arbitrarily dismissed employee to his work, as one of the judicial means that enables the two parties to resolve their dispute in a way that allows the stability of the work relationship between them. this is through talking about the jurisprudential position as well as the judicial approach towards the option of returning the dismissed employee to his work, and also addressing the various problems resulting from the application of this mechanism. Perhaps one of the most prominent …

Oversight Over The Constitutionality Of The Legislative Acts Of The Executive Authority: A Comparative Study, Prof. Numan Al-Khatib, Prof. Laith K. Nasrawin

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

This study deals with the constitutional oversight over the legislative acts, which are issued by the executive authority pursuant to the Jordanian Constitution. The study will shed the light on the nature of legal rules enacted by the Cabinet, with the approval of the King, and what extent they are subject to oversight by the Constitutional court. The legislation issued by the Executive authority are called regulations, which are of various types: independent, executive and legislative (Temporary Laws), in addition to the administrative instructions that are passed in normal circumstances. Defense orders are also legal rules issued by the Prime …

The Legal Value Of The Judicial Principles Issued By The Courts Of Law In Civil Cases: Analytical Study In Light Of Recent Legislative Amendments In The Uae, Dr. Bakr A.F. Al-Serhan

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

This study deals with an important issue, which is the legal value of the judicial principles issued by the High Courts of Law within the UAE judicial system. This very important issue is connected to the rights of litigants. The study is conducted within the civil part of the litigation process. Two main laws are illustrated in this study, which are both the UAE Federal Civil Procedures Law, according to the amendment made to it in 2018, and the UAE Federal Law Regulating the judicial relations between federal and local judicial authorities, which was recently enacted. Both laws added new …

Conflict Of Laws In Civil Liability Arising From Defective Products: A Comparative Analytical Study, Dr. Abdullah Fadhel Hamid, Rozhan Omar Khalid

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

The world in the modern era is witnessing a huge upsurge in the production of goods and services on both the quantitative and qualitative levels, regarding the qualitive of the products, they have developed in two directions: in the first direction, it was able to meet the various human needs and led to the progress of human civilization in the way that humanity lives today, where abundance in the means of luxury living, in the second direction, the products have evolved in a manner that has become a threat to human life and his property. Therefore, products defects led to …

Rights Of The Management Concerning The Letter Of Guarantee, Mohamed Farouk Mohammed

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

The notion of the letter of guarantee emerged as one of the alternative forms for the financial deposit to safeguard the administrative contract. The aim of such a notion was to protect the party to a contract from the harm of having portions of his or her capital idle.

Letters of the guarantee are either interim to make sure the contract party is committed or final to make sure the performance of contract terms is perfect. It may also be an installment paid in advance to ensure perfect performance. A fourth type is the letter of guarantee for equipment or …

Ensuring Health Security Of (Covid-19) Innovative Vaccines In The Light Of The Algerian And Comparative Legislations, Abid Abdelmoumen

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

Although the Corona Virus Pandemic has stimulated Innovation, Research and Development to explore potential Vaccines; however, the expeditious launch of any of these products in the Markets should not be done at the expense of Patient Safety. So, this paper focuses on understanding how Health Laws and Regulations interfere in order to protect the Patients Health Security and peoples who exposed to future (COVID19) Vaccinations, and that's in different Health Systems; we starting with the US health system, passing through the Algerian health system, reached to the European health system.

The Penalty Of Training On Citizenship Values As An Innovative Alternative To Short-Term Freedom Deprivation Penalties In The French Criminal Law, Dr. Abdulaziz Al-Hassan Dr.

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

This study focused on defining the training penalty on citizenship values as an alternative punishment to penalties depriving freedom of short duration, which was approved by the French legislator as an innovative punitive model with clear specificity, aiming at restricting the offender's freedom rather than depriving it, in order to spare the convict sentenced to short freedom deprivation penalties mixing in prison with a convicted person on them for long periods, which leads to dire ill effects. The implementation of this punishment does not cost the state much compared to traditional penalties, and it reduces prison overcrowding.

Through the extrapolation …

Armed Groups’ Compliance With International Law: A Study In The Rules Of International Humanitarian Law And The Need To Improve Them- (Part I), Salwa Elekyabi Dr.

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

(Part I)

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 with the provisions of IHL. …

The Overlapping Between The Contractual Responsibility And The Tortious Responsibility In The Contemporary Systems, Tark Kazim Ageel

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

This research deals with the problem of overlapping between rules of contractual liability and those ones of tortious liability when the breach of contact represents at the same time illegitimate act. This problem had been named in jurisprudence as the permissibility of option between the two responsibilities.

We will revisit this problem with novelty through the study of contemporary legal systems point of view from this problem. We will discuss in detail the German, English and French legal laws, comparing them with the Iraqi law to point out the most suitable solutions and the justest ones. May god make our …

The Creditors Guarantees In The One Person Limited Company: A Comparative Analytical Descriptive Study, Dr. Salim Salam Al-Fulaiti

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

In this research we address the problem of balance between the powers of the owner of the capital of a single person limited liability company in managing the company and running its affairs and his limited liability according to the amount of his money he allocated to the company, and between the rights and guarantees of creditors towards this owner, in several laws for commercial companies such as Omani, Kuwaiti, Bahraini and Emirati law. , the Saudi system and the French trade law through an analytical and comparative approach. The comparative study between the laws of the countries of the …

The Power Of International Nationality Courts When Settling Foreign Investment Disputes, Dr. Ibrahim Refaat El Beherry

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

States shall be sovereign in determining their nationality in accordance with their economic and social policies and circumstances. However, when international courts decide matters relating to their personal competence in international disputes, they may be called upon to rule on preliminary matters such as nationality. However, when these tribunals confer jurisdiction on themselves by this mission, they enjoy a broad discretion based on the general principles of people’s law, treaty law, case law, doctrine and the principle of jurisdiction-jurisdiction in arbitral matters. However, the scope of this recognized power is limited and its authorized investiture must not exceed the primary …

The Mechanism For Emergency Conditions In The New French Contract Law, Prof. Adnan Ibrahim Sarhan

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

After long hesitation and constant calls from jurisprudence, the French legislator introduced into his civil law a special mechanism to deal with emergency conditions and their impact on contracts, on the occasion of amending the Obligations and Contracts Law by a decree issued in 2016, as it included this mechanism in Article 1195 of its Civil Code. This article stipulated three conditions for the mechanism to work: That unforeseen circumstances arise at the time of the conclusion of the contract, the contractor did not accept a condition in the contract bearing its risks, and that these circumstances lead to the …

Can Micropolitan Areas Bridge The Urban/Rural Divide?, Sheila Foster, Clayton P. Gillette

Georgetown Law Faculty Publications and Other Works

There exists a well-known and significant divide between urban and rural areas in the United States. The divide has been documented along multiple dimensions – social, economic, and political – and is seen as a detrimental characteristic of our national identity and capacity for both economic development and civil political discourse. In this Article, we explore a subset of the urban/rural divide and propose a mechanism for reducing its economic and political effects within that limited realm. Specifically, we focus on the subset of rural areas that lie within what the Office of Management and Budget defines as micropolitan areas. …

Girls In Aviation - Keynote Speaker, Sarah Nilsson

Publications

Girls in Aviation Day (GIAD) Keynote address by Associate Professor of Applied Aviation Science Sarah Nilsson.

Customary Law Or State Law: The Settlement Of Marine Resource Disputes In The Kei Islands Community, Andreas M.D. Ratuanak, Sulistyowati Irianto, Ratih Lestrarini

The Indonesian Journal of Socio-Legal Studies

The people of the Kei Islands have known cases settlement system since the olden days, namely the Customary judiciary, a forum in the Larvul Ngabal customary law system that holds a high authority, which is obeyed by the community and is often the main choice in resolving disputes. With a field study approach, this study aims to explain how the settlement process of natural resources disputes by a “customary judge” in the Kei Islands is still used as a reference by the community. What are the reasons? This study discovered that customary settlement forums are still used to resolve …

Everything Is Not What It Seems, And What It Is, Is Broken: Re-Defining Production In The Oil And Gas Lease Habendum Clause, Fisher Lynn Fulton

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Millionaires And The Ability To Receive Overtime Compensation, Matt Peace

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Tort Theory, Litigation & Avenues For Relief: Hydraulic Fracturing In Oklahoma, Madeleine Lange

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Sovereign Immunity, Entrenched Power, And Isolationism: How To Hold Ercot Accountable To Texas Residents In The Aftermath Of The February 2021 Winter Storm, Meghan A. Brobst

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Climate Torts Belong In A Number Of Hands: Loosening The Federal Grip Of Preemption, Administrative Control, And Dilatory Procedure, Hank Herren

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Companies Can Condemn Whose Property? A Discussion Of Penneast Pipeline Co., Llc V. New Jersey, Emma Farha

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.