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Articles 9181 - 9210 of 11449
Full-Text Articles in Law
Casting A Ballot For Change: How To Overcome Jail Policy Deficiencies And The O’Brien Precedent To Expand Voting Rights For Jailed Individuals, Lorellee Kampschnieder
Casting A Ballot For Change: How To Overcome Jail Policy Deficiencies And The O’Brien Precedent To Expand Voting Rights For Jailed Individuals, Lorellee Kampschnieder
Journal of Criminal Law and Criminology
Prior to the 2020 election, lawmakers in several states sought to expand voting rights for individuals with felony convictions, and while this work is important, a large swath of voters who legally never lost the right to vote are still unable to do so because they are detained in jail. These individuals, often detained prior to trial, have the right to vote pursuant to a 1974 Supreme Court ruling in O’Brien v. Skinner. However, despite the clear legal precedent protecting voting rights for those in jail, the right remains unrealized for most incarcerated individuals due to numerous barriers. Some localities, …
Beyond Due Process: An Examination Of The Restorative Justice Community Courts Of Chicago, Jackie O'Brien
Beyond Due Process: An Examination Of The Restorative Justice Community Courts Of Chicago, Jackie O'Brien
Journal of Criminal Law and Criminology
As American society has reckoned with the harmful effects of mass incarceration, there has been a push to consider alternative forms of achieving justice. Restorative justice is one such method. A transformative approach to conflict resolution inspired by the traditions and practices of indigenous peoples, restorative justice offers a comprehensive means of addressing harm, emphasizing the community, rather than the single act that caused harm. Many jurisdictions and communities have turned to restorative justice to divert cases from the punitive criminal legal system. While there are variations in programs and approaches, many communities integrate restorative justice practices as a means …
The Influencers And The Influenced: Effects Of Social Media Influencers On Enforcement Of Trademark Law In The U.S. And Europe, Abigail Dagher
The Influencers And The Influenced: Effects Of Social Media Influencers On Enforcement Of Trademark Law In The U.S. And Europe, Abigail Dagher
Emory International Law Review
No abstract provided.
Return To A One-Year Robust Grace Period In United States Patent Law, Mark Kallevig
Return To A One-Year Robust Grace Period In United States Patent Law, Mark Kallevig
Cybaris®
No abstract provided.
Copyrighting Brain Computer Interface: Where Neuroengineering Meets Intellectual Property Law, Favio Ramirez Caminatti
Copyrighting Brain Computer Interface: Where Neuroengineering Meets Intellectual Property Law, Favio Ramirez Caminatti
Cybaris®
No abstract provided.
Legislative Report: Patents For Humanity Act Of 2022, Stephen Kohn
Legislative Report: Patents For Humanity Act Of 2022, Stephen Kohn
Cybaris®
No abstract provided.
Much Dispute About Nothing? A Critical Examination Of The Backlash Against Investment Treaty Arbitration In International Intellectual Property Disputes, Andy Taylor
Cybaris®
No abstract provided.
Mickey Mouse – Finally Whistling His Way Into The Public Domain, Holly Lechner
Mickey Mouse – Finally Whistling His Way Into The Public Domain, Holly Lechner
Cybaris®
No abstract provided.
Legislative Report: Federal Regulations Implementing The Trademark Modernization Act Of 2020, Mark Kallevig
Legislative Report: Federal Regulations Implementing The Trademark Modernization Act Of 2020, Mark Kallevig
Cybaris®
No abstract provided.
Any, James J. Brudney, Ethan J. Leib
Any, James J. Brudney, Ethan J. Leib
Faculty Scholarship
Our statute books use the word “any” ubiquitously in coverage and exclusion provisions. As any reader of the Supreme Court’s statutory interpretation docket would know, a large number of cases turn on the contested application of this so-called universal quantifier. It is hard to make sense of the jurisprudence of “any.” And any effort to offer a unified approach—knowing precisely when its scope is expansive (along the “literal-meaning” lines of “every” and “all”) or confining (having a contained domain related to properties provided by contextual cues)—is likely to fail. This Article examines legislative drafting manuals, surveys centuries of Court decisions, …
Back At It Again: The Supreme Court’S Latest Attack On The Voting Rights Act And Its Effect On Black Louisianians, Kalli Leahy
Back At It Again: The Supreme Court’S Latest Attack On The Voting Rights Act And Its Effect On Black Louisianians, Kalli Leahy
Student Works
No abstract provided.
Crypto Is Calling: How Congress Should Answer The Call To Provide A Knowledgeable Regulatory Framework, Paul C. Samuel
Crypto Is Calling: How Congress Should Answer The Call To Provide A Knowledgeable Regulatory Framework, Paul C. Samuel
Student Works
No abstract provided.
Who Can Stand It?: Acquiring Standing And Proving Injury-In-Fact To Protect The Environment, Rachel Forman
Who Can Stand It?: Acquiring Standing And Proving Injury-In-Fact To Protect The Environment, Rachel Forman
Student Works
No abstract provided.
The Digital Services Act: Does It Respect The Freedom Of Expression, And Is It Enforceable?, Terrell Paige
The Digital Services Act: Does It Respect The Freedom Of Expression, And Is It Enforceable?, Terrell Paige
Student Works
No abstract provided.
The Two Title Ixs, Emily Suski
Who Watches The Watchmen? Using The Law Governing Lawyers To Identify The Applicant Duty Gap And Hold Bar Examiner Gatekeepers Accountable, Ashley M. London
Who Watches The Watchmen? Using The Law Governing Lawyers To Identify The Applicant Duty Gap And Hold Bar Examiner Gatekeepers Accountable, Ashley M. London
Law Faculty Publications
The legal profession holds lawyers to high standards in their personal and professional lives and expects aspiring members to follow the ethical rules with scrupulous precision and candor. Yet the profession, and those monitoring admission to the profession, afford no protections or recourse to this class of young professionals during that critical period between graduation and successful bar passage.
Without reform, this previously unacknowledged duty gap will continue to demoralize and potentially harm future lawyers and reflect negatively on the profession as a whole. Supervising bodies, discussed within, treat applicants as if they have already committed an ethical breach. Indeed, …
Law No. 107-12 And Loans To Purchasers, Hicham Lakhssassi
Law No. 107-12 And Loans To Purchasers, Hicham Lakhssassi
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
This article examines the effects of Law No. 107-12 governing the sale of property under construction (off-plan sale – VEFA) on the bank financing of purchasers. It highlights the difficulties arising from the absence of an immediate transfer of ownership, which prevents the creation of a traditional mortgage and weakens the granting of real estate loans. After analyzing the role of completion guarantees and refund guarantees for advances, the study explores the possibility of securing credit through set-off (compensation), while emphasizing the limitations of this mechanism in relation to third-party rights. The article then demonstrates the inadequacy of certain legal …
The Legality Of Issuing Cryptocurrencies And Trading Them In Accordance With Sharia And Legal Regulations, Omar Anjoum
The Legality Of Issuing Cryptocurrencies And Trading Them In Accordance With Sharia And Legal Regulations, Omar Anjoum
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
This study examines the legitimacy of issuing and dealing in cryptocurrencies in light of Shariah and legal regulations, within the context of the rapid transformations experienced by the financial sector as a result of technological development and the widespread use of blockchain and encryption technologies. It is based on a central research question concerning whether cryptocurrencies can be regarded as money in the economic and legal sense, or rather as digital assets of a special nature, and the legal consequences this classification entails for their regulation and circulation. The study adopts a descriptive, analytical, and comparative approach to clarify the …
Economic Dismissal Within The Framework Of Collective (Insolvency) Proceedings, Mounia Cheblaoui
Economic Dismissal Within The Framework Of Collective (Insolvency) Proceedings, Mounia Cheblaoui
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
This article analyses economic dismissal in the context of collective insolvency proceedings in light of the Covid-19 health crisis, which severely affected employment and created tension between employee protection and the need to safeguard businesses. It emphasizes that the opening of collective proceedings does not, in itself, constitute a sufficient ground for economic dismissal, as the guiding principle remains the continuation of business activity and the preservation of employment, particularly during the observation period. However, where the survival of the company so requires, dismissals may be authorized under judicial supervision. The study highlights the practical difficulties arising from the combined …
Some Aspects Of The Retreat From The Punitive Nature In Light Of Law 17-95, Khdouj Falah
Some Aspects Of The Retreat From The Punitive Nature In Light Of Law 17-95, Khdouj Falah
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
This article examines key manifestations of the retreat from a punitive (criminally repressive) approach in the field of Moroccan public limited companies (sociétés anonymes) under Law No. 17-95, as amended by Law No. 20-05. It builds on the critical debate surrounding the inflation of corporate offences and the harshness of sanctions contained in the penal section of the Companies Act, and the potentially counterproductive effects of excessive criminalization on entrepreneurial initiative, investment incentives, and economic development. The study adopts the premise that a rational corporate criminal policy should avoid both over-criminalization and under-enforcement and should instead pursue a balanced approach …
A Reading Of Article 523 Of The Penal Code In Light Of Company Law, Mohamed Jaouhar
A Reading Of Article 523 Of The Penal Code In Light Of Company Law, Mohamed Jaouhar
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
This article examines Article 523 of the Moroccan Penal Code in light of company law, clarifying its scope of application in cases involving the fraudulent disposal of common property or share capital. It shows that the notion of common property mainly applies in the absence of legal personality, particularly during the incorporation and liquidation phases of companies, as well as in certain specific structures such as partnerships in participation, de facto companies, and associations. Once a company is registered, fraudulent disposal concerns the share capital and primarily targets corporate officers, in conjunction with specific offences under company law, notably the …
The Fate Of Restrictive Competition Practices In Morocco, Maissae Bousaouf
The Fate Of Restrictive Competition Practices In Morocco, Maissae Bousaouf
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
This article offers a critical analysis of Moroccan law on restrictive competition practices, highlighting its insufficient adaptation to the economic and competitive developments of the distribution sector. The author shows that this regime, largely inherited from a system of administrative price control, remains grounded in a penal approach and per se prohibitions of certain practices, whereas comparative law—particularly French law—has evolved toward more flexible and economically oriented mechanisms. The study also emphasizes the confusion surrounding the objectives of certain prohibitions, which appear to be driven more by fiscal, sanitary, or economic police considerations than by the effective protection of competition, …
Abandonment In Marine Insurance, Farouk Zerhouni
Abandonment In Marine Insurance, Farouk Zerhouni
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
This article examines abandonment in marine insurance, an exceptional legal mechanism allowing the insured, in cases of major marine casualties, to obtain payment of the full insured amount as in a total loss, in exchange for the transfer of rights over the insured property (ship or cargo) to the insurer. Unlike the ordinary adjustment of average, under which the insured retains ownership of the damaged property, abandonment constitutes a facultative option strictly governed by statutory provisions and insurance policies. The study analyses the conditions for exercising abandonment, including procedural requirements, time limits, and disclosure obligations, as well as substantive conditions …
Legal Effects Of The Employee’S Non-Compliance With A Non-Compete Clause, Karima Karroumy
Legal Effects Of The Employee’S Non-Compliance With A Non-Compete Clause, Karima Karroumy
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
Unlike its very limited scope in Moroccan practice, the non-compete clause is becoming increasingly important today, with the aim of protecting the company from any threat likely to undermine it. Thus, once the employment contract has lawfully come to an end, the employee regains full freedom and may, in particular, enter the service of a new company carrying out a similar activity. The non-compete clause introduces a significant restriction on this fundamental principle of freedom to work. In the company’s obvious interest—and in light of the technical know-how, trade secrets, or customer relationships that the employee is likely to acquire …
The Trade Name In Moroccan Law, Loubna Nouri
The Trade Name In Moroccan Law, Loubna Nouri
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
The legislative momentum that has characterized the legal texts applicable to intangible assets has raised a fundamental question regarding the completeness and effectiveness of this regulatory framework. The legal framework governing the trade name is attracting particular attention, as it is increasingly moving away from its traditional role as a merely optional element of the business goodwill to become an autonomous, predominant, and ever-present component of corporate life. This article aims to provide an overview of the rules governing the trade name, while assessing their scope and effectiveness.
Cooperative Financing As An Additional Mechanism For Project Funding: A Reading Of Law 15-18, Mouna Al Massloumi
Cooperative Financing As An Additional Mechanism For Project Funding: A Reading Of Law 15-18, Mouna Al Massloumi
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
This article examines crowdfunding as a modern and complementary mechanism for financing projects in Morocco, introduced by the legislator to address the limitations of traditional financing and the difficulties of accessing bank credit. Through an analysis of Law No. 15.18, the article clarifies the concept of crowdfunding based on raising funds from the public via digital platforms and identifies its main stakeholders: the project holder, the contributor, the crowdfunding company, and the account-holding institution. It also outlines the scope of application in terms of the types of operations (investment, lending, donation), the conditions for presenting projects, and the exclusive allocation …
Personal Securities In Moroccan Law: How Attractive Are They?, Meriem Benis
Personal Securities In Moroccan Law: How Attractive Are They?, Meriem Benis
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
This article examines the attractiveness of personal securities in Moroccan law and highlights the declining effectiveness of suretyship, the only personal security expressly codified in the Moroccan Code of Obligations and Contracts. The author shows that its accessory nature, reinforced in practice and in the context of collective insolvency proceedings, weakens its effectiveness for creditors and may discourage economic actors from relying on this mechanism. The study then places in perspective non-accessory guarantees (such as the autonomous guarantee and the letter of intent), which are recognized and regulated under French law but lack explicit statutory recognition in Morocco. These instruments …
A Reading Of The Rights Of The Moroccan Prisoner In Light Of National Law And The Standard Minimum Rules For The Treatment Of Prisoners, Samira Aqrorou
A Reading Of The Rights Of The Moroccan Prisoner In Light Of National Law And The Standard Minimum Rules For The Treatment Of Prisoners, Samira Aqrorou
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
This article examines the evolution of penal thought from a logic of punishment and retribution to one centered on rehabilitation and social reintegration, emphasizing the need to strike a balance between the State’s right to punish and prisoners’ rights. It briefly reviews the main prison systems (collective, individual/Pennsylvanian, Auburn, and progressive), highlighting the progressive system as the most conducive to rehabilitation objectives. The article then focuses on prisoners’ rights under Moroccan Law No. 23.98 and the United Nations Standard Minimum Rules for the Treatment of Prisoners, including human dignity and the prohibition of torture, non-discrimination, prison records, classification of inmates, …
The Simplified Joint-Stock Company In Light Of Law 19-20 Amending And Supplementing Law 17-95 And Law 5-96, Nadia Azddou
The Simplified Joint-Stock Company In Light Of Law 19-20 Amending And Supplementing Law 17-95 And Law 5-96, Nadia Azddou
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
Despite the many advantages of the public limited company (Société anonyme), it must be acknowledged that it also has certain drawbacks, notably a rigid and burdensome governance structure due to the large number of management bodies, as well as the mandatory appointment of at least one statutory auditor. To address these issues, the legislator also introduced the simplified public limited company (Société anonyme simplifiée) under Title XV of Law 17-95. However, this legal form itself had several limitations, in particular the requirement to fully pay up the entire share capital at the time the articles of association of the simplified …
Liabilities Arising From The Termination Of The Employment Relationship, Imane Hilani
Liabilities Arising From The Termination Of The Employment Relationship, Imane Hilani
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
The topic of “liabilities arising from the termination of the employment relationship” is of crucial importance in light of the Court of Cassation’s erroneous interpretation of the provisions of Article 62 of the Labour Code. The current state of liabilities in the context of termination opens the door to extensive debate regarding a relationship that remains far removed from legal logic. The aim is to remedy the absurd situation prevailing in judicial practice by proposing corrective approaches, drawing on certain special provisions contained in the Labour Code, the Code of Obligations and Contracts, and even texts relating to punitive (criminal) …