Law Commons^™

Civil Liability For Damage Resulting From Genetically Modified Organisms (Gmos): A Comparative Study, Dr. Abdul-Rahman Mohamed Salem

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

The most serious damage to human and other living organisms at present is the damage of genetically modified organisms, where they can eventually be used as weapons of mass destruction in the form of a bacteriological war that destroys human civilization, we will present the problem in terms of: Identification of genetically modified organisms by determining their scope, and to identify the aspects of the damage resulting from them, and how to compensate each type of species, whether it is related to plant, animal, human or the environment. We then present the legal basis for civil liability resulting from damage …

Abuse In Directing The Decisive Oath In The Palestinian Evidence Law: A Comparative Study In The Light Of Judicial Rulings, Mahmoud A. Salameh Dr., Ibrahim Yahya

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

This study deals with the main axes of arbitrariness in the decisive oath. The first section sought to define the scope that governs the arbitrariness of directing the oath by discussing the views that called for the failure of the oath conditions as arbitrariness, and to conclude that the general theory of arbitrariness is the most appropriate scope that expands To include many cases of arbitrariness by explaining the theory of arbitrariness according to the Majalla, because it expresses the concept of arbitrariness in the oath more accurately. Additionally, it was concluded that the judiciary supervision of arbitrariness in directing …

Judicial Guarantees For Trial In Absentia: A Comparative Study On The Kuwaiti Procedural Law, Mohamed El Mahmoud Dr.

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

This study aims to explore the guarantees the Muslim jurists have indicated while giving a judgment in absentia, such guarantees designed to achieve justice between the litigants and safeguard the right of the absentee, as well as drawing a comparison with the Kuwaiti law.

The study consists of an introduction, preface, four chapters and a conclusion. The chapters addressed the issue of judgment in absentia from the standpoint of the Islamic jurisprudence and the disagreement arose among then, evidence, discussions and counterbalancing, it involved seven guarantees, it also tackled the guarantees of the justice secured by the Kuwaiti law to …

The Law Applicable To Trademark Gift Deeds: A Study Of The Provision Of Article 49 Of Kuwait Law No. 5 Of 1961 Regulating Relationships With Foreign Elements Law Applicable To Trademark Gift Contract: A Study Of Article 49 Of Kuwaiti Law No. 5 Of 1961 Regulating Relations With Foreign Parties, Bashayer Alghanim Dr.

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

This paper addresses the question of the law applicable to a trademark gift deed involving a foreign element as trademarks have become movable, intangible assets that can be transferred to third parties. The significance of studying the applicable law lies in the fact that it helps identify the law applicable to a trademark gift deed that involves a foreign element pursuant to Article 49 of Kuwait Law No. 5 of 1961.

This paper attempts to clearly characterise a gift deed in order to avoid confusion with other forms of deeds, such as sale deeds and wills. It also tries to …

The Principle Of Resulting Trust Under The English And Sudanese Legislations: A Comparative Study, Hafiz Jaafar Ibrahim Dr.

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

This study sheds light on the subject of the resulting trust and its role in restoring the title of real property by reviewing the legal principles and jurisprudence of Anglo-Saxon system, for which English law is basis. The problem of this study focused on the nominal registration of a property in the name of a person, the legal system recognizes the ownership of the person whose name appears as registered owner of the real estate. Not surprisingly, the real estate registry record is considered an inclusive evidence for what it includes, and it is not permissible for all challenge it …

Maturity As A Condition Of Criminal Liability In Islamic Jurisprudence Under The Libyan And The Emirati Legislations, Mustafa Khaled Dr.

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

Maturity is considered as one of the essential conditions for criminal liability; whether the crimes involve Taazer or Hudood or Quesas Crimes.

This study deals with the issue of how Libyan and the UAE Legislation treat with adulthood as a condition of criminal liability.

The research aims to achieve some of the most important goals:

To highlight the methodology of Islamic law to address the issue of maturity as a condition of criminal liability. In addition, this study attempted to assess the methodology of Libyan and Emirati legislators in determining their age of puberty and the extent of their compliance …

Recent Amendments To The Interim Real Estate Registery Of The Emirate Of Dubai (Its Effects On The Legal Characterization In Off Plan Sale Contracts, Yassir Aliftaihat Dr.

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

The research discusses the regulations of selling off plan real estate units as stated on the Emirate of Dubai by the legislator who has regulated and imposed the subsequent amendments to the law in order to face the most significant challenge in the field of real estate development in the Emirate of Dubai, where distinguishes the real estate investment, gives the Private Real Estate Developer a board scope whether is local or foreign and attracts purchasers, investors, and foreigners. Therefore, a new concept of the real estate legislation has established to achieve two basic aims: the first aim is to …

The Claim Against Principal Debtor Before Payment Of The Debt Guaranteed Under The Jordanian Civil Law: Justice To Be Reviewed, Yousef Mohammad Obaidat

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

This study dealt with the claim against principal debtor before payment of the debt guaranteed, due to the importance of this claim and its impact on developing and improving the credit process. The personal Surety Contract is the way by which the creditor resorts to minimize its risk, i.e. to secure the repayment of a loan if the debtor defaults. For the Guarantor to sign surety contract, it was necessary to provide him a mean to guarantee his right. For this reason, the claim against principal debtor before payment of the debt guaranteed was the effective method to do so. …

Journal Of Roleplaying Studies And Steam (Jrpssteam) Vol. 1 [2022], Issue 1., Cristo Leon, James Lipuma, Ricardo Morales-Carbajal, Miguel A. Bastarrachea-Magnani, Alain Arriaga, Christian Miguel Rudich De La Rosa, Edgar Meritano, Mauricio Rangel

Journal of Roleplaying Studies and STEAM

Volumen completo del Journal of Roleplaying Studies and STEAM (JRPSSTEAM) Vol. 1 [2022], Issue 1.

Running Crane, Et. Al. V. Parsons, 19-Ap-13 (Blkft Tr. Ct. App., Nov. 17, 2022), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court clarified that when the Court, in review of an appellate case, directs parties to submit a detailed summary of the status of the case, within a limited time period, and the partied do not provide that status update, the Court will dismiss that case, without prejudice.

Beware The Proposed Us Crypto Regulation— It May Be A Trojan Horse, Hilary J. Allen

Popular Media

Following the spectacular failure of crypto exchange FTX International, there have been renewed calls for crypto legislation (including from the industry itself).But many of the proposals so far would be worse than the status quo — at least for the general public. Crypto firms such as FTX were involved in drafting many of the mooted US bills. The exchange’s implosion should not become a pretext for rushing these into law.

United, We Fall: Expelling Autocratic States From The European Union, Zachary Sanfilippo

Duke Law Journal

Since 2010, the Fidesz party has systemically and blatantly undermined Hungary’s democratic institutions. Led by the autocrat Orbán, Fidesz has rigged Hungary’s elections, packed its courts, and violated its citizens’ human rights. So far, it has done so without any real consequence from the European Union. This state cannot stand. The inefficacy of the EU’s current attempts to discipline Hungary suggests that a stronger remedy is necessary: expulsion. This Note argues that allowing expulsion of materially breaching Member States has not been foreclosed by CJEU jurisprudence and, indeed, advances the EU Treaties’ purpose of “ever closer union.” Should Member States …

The Impact Of Library Publishing Through The Lens Of The United Nations Sustainable Development Goals, Marie O'Neill

Copyright, Fair Use, Scholarly Communication, etc.

Abstract

As library publishing programmes expand around the world, reports and research pertaining to standards and workflows have proliferated. This paper calls for library publishing programmes to explore the impact of their pogrammes at local, national and international level in relation to their contribution to open access publishing, EDI agendas and the United Nations Sustainable Development Goals. The presentation highlights the UN's SDG Publishers Compact and argues that the SDGs are an ideal lens through which library publishers could examine their impact as library publishers have a strong publishing record in areas such as gender, education and climate as examples.

Reviving Bank Antitrust, Jeremy C. Kress

Duke Law Journal

After decades of disuse, antitrust is back. Renewing the United States’ longstanding distrust of concentrated economic power, antimonopoly scholars have documented widespread harms of corporate “bigness” and inspired policy initiatives to de-concentrate the U.S. economy. To date, however, the new antitrust movement has largely overlooked a key cause of commercial concentration: the rapid consolidation of the U.S. banking sector. More than thirty thousand banks served local communities a century ago, but today just six financial conglomerates control half of the U.S. banking system. Bank consolidation, in turn, has spurred conglomeration throughout the economy. As the Supreme Court recognized in 1963, …

The Lost Right To Jury Trials In "All" Criminal Prosecutions, Andrea Roth

Duke Law Journal

The Sixth Amendment states that “in all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury.” Similarly, Article III mandates that the trial of “all crimes, other than impeachment, shall be by jury.” Nonetheless, tens of thousands of federal defendants each year are denied a jury in “petty” cases with a potential sentence of six months or less. These cases can carry significant consequences and involve not only regulatory crimes but traditional crimes like theft, assault, and sexual abuse. This apparently blatant contradiction of the U.S. Constitution’s text is justified by …

Can Artificial Intelligence Be Inventors Under Current Patent Law?, Sarah Alexandra Batterman

Cardozo International & Comparative Law Review (CICLR) Blog

As technological developments in artificial intelligence (AI) develop, so have questions as to what AI’s role should be within the larger universe of intellectual property. For instance, in U.S. patent law it is normally the person who conceives of the invention who has the right to be named the inventor of the patent and thus afforded patent protection. “Conception” requires an inventor to have a specific solution to a problem and is considered to be accomplished only when the idea is so clearly defined in the inventor’s mind that “only ordinary skill would be necessary to reduce the invention to …

The “Especially Heinous” Aggravator: Sharpshooter Bonuses Do Not Belong In Capital Sentencing Law, Taylor Lopa

St. John's Law Review

(Excerpt)

In capital cases, the jury is often left with the onerous decision about whether to impose the death penalty. To help jurors make sentencing decisions, judges will instruct them on how to apply the law. As one juror summarized, “[The judge told us] that we were to make our decision on the basis of his instructions and the law, not what we felt, not what we thought ought to be.” Because of jury instructions like this, jurors know that they must base sentencing decisions on the law rather than their personal beliefs. But what happens when the law itself …

Vulnerability As A Launching State: Why The United States Should Adopt Explicit Indemnification Procedures In Response To The Growth Of The Commercial Space Industry, Mollie Carney

St. John's Law Review

(Excerpt)

This Note argues that the current United States launch license requirements should be amended to include explicit indemnification procedures, should the United States be held liable for damages as a Launching State under the Liability Convention. Part I of this Note examines the evolution of the space industry from a field marked by Cold War tensions to one that is dominated by private industry, and the risks that are associated with the rapid growth of the commercial space industry. Part II will explain the current legal regime by (1) setting a framework of liability generally, (2) examining the Liability …

Imperialism In The Making Of U.S. Law, Nina Farnia

St. John's Law Review

(Excerpt)

This Article proceeds in two parts. In Part I, “U.S. Foreign Policy as Racial Policy,” I identify the four key policy pillars of U.S. imperialism: militarism, unilateral coercive measures, foreign aid, and the deployment of the dollar. I then pivot to a brief history of U.S. imperialism in the Middle East, highlighting the geographic and racial specificities that influence the ideological and legal contours of U.S. imperialism. I end this section with an analysis of The Public Report of the Vice President’s Task Force on Combatting Terrorism (1985), which was a defining document in the making of anti-terrorism law …

Assessing A Cooperative Writing Process In An Undergraduate Legal Writing Course, James A. Croft

St. John's Law Review

(Excerpt)

I teach legal writing to undergraduate students, and I primarily do so by cooperatively writing with them, using instructional time to work through the students’ writing assignments as a class. I arrived at this process organically over several years. When I first started teaching, I was surprised by the disconnect between my expectations regarding student writing and student performance. To attempt to close that gap, I began going through parts of the research and writing process cooperatively with my students in class, and increasing the amount of work that we did together each semester until, in the semester assessed …

The Last Lecture: State Anti-Slapp Statutes And The Federal Courts, Charles W. Adams, Mbilike M. Mwafulirwa

St. John's Law Review

(Excerpt)

An old proverb says that “when the student is ready[,] the teacher appears.” In this collaborative effort, a civil procedure law professor has partnered with his former student to address one of the most challenging topics to confront the federal courts in recent times: whether state anti-SLAPP statutes conflict with the Federal Rules of Civil Procedure. The acronym “SLAPP” stands for “Strategic Lawsuits Against Public Participation.” Anti-SLAPP statutes are a spate of state legislation of recent vintage, designed “to give more breathing space for free speech about contentious public issues” and to “try to decrease the ‘chilling effect’ of …

Tort Liability Resulting From The Infringement Of The Rights Of Others Using The Internet: A Comparative Study Between Emirati Law And French Law, Sinan Al Shattnawi Dr.

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

Tort Liability resulting from the infringement of the rights of others by using the Internet under UAE and French law (Comparative study)

We note that the principles of law, including the rules of civil transaction law and many other laws on information technology, play a central role in the establishment of a legal framework of civil liability and the protection of Internet users, whether as suppliers or Internet users, with regard to information and the use of public and private sites and the violation of intellectual property rights on the Internet. As we know that the legislation has put a …

The Legal Protection Of The Worker's Wage In The Palestinian Law: A Comparative Study, Anas Abu Aloun Dr., Ibrahem Yahya Mr,

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

This study aims at clarifying the role of the Palestinian legislator in providing guarantees concerning the worker's wages through specifying the definition of the wages as well as the items that are of relation to it in the Palestinian Law. In the first part of this study, the researchers attempted to define the wages and what they are comprised of in order to provide protection over the wages and their components. The study discussed whether or not the extra work can be considered a part of the workers' wages, and it covered the concept of the minimum wage and the …

Electronic Currency: What It Is, Its Types - Its Effects, Haitham Mohamed Harmi Sharif Dr.

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

Electronic money is one of the modern-day developments. It is an electronic means of transferring money from one side to another. It is widely used by many institutions. Even banks use this method. This method is very fast in transferring money, and at the same time,

As international financial markets become increasingly interconnected and international e-money rates rise, the magnitude of economic, financial and legal problems will be very large, especially on the volume of tax revenues and monetary policy. The first topic of the study presents the nature of electronic money .the second topic deals with: the legal nature …

Stem Cell Therapy Under Uae Law: A Comparative Study In Islamic Jurisprudence, Iman Alyihyai Ms.

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

The study is concerned with the subject of stem cell therapy in UAE law compared to Islamic jurisprudence, and this topic is an important subject at the present time because it means medical technology and a modern treatment method of interest in the United Arab Emirates in both the public and private health sector.

However, in spite of this, we note the absence of legislative texts governing this type of treatment, which should shed light on the legitimacy and controls of stem cell treatment in the country, through research in general rules contained in the law as well as special …

Commercial Cover-Up In Light Of The Provisions Of The Uae Law And The Judiciary, Suzan Ali Mahmoud Dr.

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

The subject of research is commercial cover-up, a phenomenon that has spread not only in the UAE but also in the Gulf societies as a whole.

The research presents this phenomenon in two ways: first, the reasons for its spread and secondly, the effects of commercial cover-up under the anti-trade cover-up law, which is the civil liability.

The researcher tries to clarify whether it is feasible to apply the anti-trade cover-up law No. 17 of 2004.

He concluded that the UAE judiciary is stable in this area and that it finds solutions to all the problems raised by the trade …

The Role Of Expertise In Evidence Before International Courts: A Comparative Study Between The International Court Of Justice And The Judicial System In The World Trade Organization, Firas Alhasan Mr.

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

The principle mandate of the international adjudicators (such as judges in the International Court of justice and member of the Panels in the WTO judicial system) is to settle the legal disputes presented to them in a given case. In disputes which involves scientific and technical issues, the adjudicators may have a discretionary power to answer scientific and technical questions in scope of the dispute before them, but it’s unreasonable to think that international adjudicators must have knowledge on the various fields that may be subject to international disputes. Consequently, they will have to seek assistance from experts which importance …

Liability Of International Organizations For The Internationally Unlawful Act: Analytical Study Of The Draft Articles Of The International Law Commission, Mahmoud Burhan Outor Dr.

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

One of the general principles in the law is that the physical or moral person takes responsibility in consequence of the act he is practicing. In international law, as well as in national law, the responsibility of persons arises if they engage in unlawful acts. This responsibility has been known in the past, but it has taken a legal framework that is somewhat late due to the recent emergence of some groups, such as international organizations that carry out their work tasks according to their specialization through their functional frameworks, their agents and contractors according to the rules of their …

Legal Controls Of The Authority Of The Target Company's Board Of Directors In Responding To A Hostile Takeover: A Comparative Study Under Emirati And American Laws, Alaa Yakoob Yousif Dr.

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

Takeover in general is achieved by acquiring an effective percentage of shares of company, ensuring control to the acquirer, if takeover does not receive the approval of the board of directors of the target company, it is described as a hostile takeover. The latter is not necessarily detrimental to the company's interest, as it can benefit the company by changing its strategy and replacing its management with another efficient and active one, resulting in the optimal exploitation of its resources. In other cases, it may be detrimental to the interests of the company, that the acquirer plans are not commensurate …

The Right To Recover Property Sold At Public Auction Under The Jordanian Law, Osayed Thneibat Dr.

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

The Bureau for the Interpretation of Laws adaptation of the right to recover the real property as an abolishing clause in the judicial sale of the property leads us to examine the impacts of this right in both stages that this clause applied on، the suspending stage and affirmed stage of the clause. In this regard، we found that the right to recover in the suspending stage tied with a legal restriction burden on whom be remitted the right not to dispose of the recovered property neither by swapping، donation، mortgaging or parcelling (demarcation). Therefore، we examine the impact of …