Law Commons^™

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) …

Reflections On Law No. 31.18 Concerning Civil Real Estate Companies, Sabah Benkaddour

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This article provides an analysis of Moroccan Law No. 31.18 on civil real estate companies. It focuses on legal personality and the role of registration and publicity, and examines whether the change-of-legal-form mechanism can apply to such companies, along with its practical and legal implications.

Competition Between Sharia And Statutory Law: A Comparative Perspective On Market Competition, Azzeddine Benseghir

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This paper examines the concept of competition through four complementary lenses: (1) its socio-economic meaning, (2) the main ethical and legal safeguards established by Islamic Sharia to ensure fairness in the market, (3) the evolution of competition rules in Moroccan positive law, and (4) possible avenues to reconcile Sharia-based ethical foundations with modern legal regulation. The analysis highlights that effective competition requires both institutional oversight and self-regulation grounded in integrity, transparency and the protection of legitimate market actors.

Contractual Balance And The Theory Of Unforeseen Circumstances (Hardship), Aboubakr Mouhim

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This article examines contractual balance and the doctrine of unforeseen circumstances (hardship), showing how exceptional and unpredictable events may disrupt the equilibrium of contractual obligations. It outlines the conditions for invoking hardship and discusses the main remedies—renegotiation, judicial adaptation, or termination—highlighting their impact on legal certainty and contractual justice.

Business Law And Money Laundering: A Reading Of The Background And Developments Of Law 12.18, Mohamed Jaouhar

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This article explores the nexus between business law and money laundering in the Moroccan context. It shows how financial crime penetrates economic transactions and corporate activity, and explains the international response through anti‑money laundering standards and cooperation mechanisms. The paper then traces the evolution of Moroccan legislation under the influence of Financial Action Task Force (FATF) recommendations and highlights the main contributions of Law 12.18, including preventive obligations, reporting duties, and stronger institutional coordination. Finally, it argues for a more coherent legal framework and a compliance‑oriented culture among economic actors to enhance detection, prevention, and deterrence.

The Binding Nature Of The Promise To Contract Under The Law On Credit Institutions And Similar Bodies, Jawad Mourid

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This article examines the binding nature of the promise to contract in banking transactions, within the legal framework governing credit institutions and similar bodies. It discusses the conditions for enforceability, the legal effects of the promise, and the limits of liability and compensation in case of breach, with attention to customer protection.

The Court Of First Instance In Light Of Recent Developments In The Moroccan Judicial Organization, Hasna Rahmouni

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This article examines the position of the Moroccan Courts of First Instance within the recent reforms of judicial organization, focusing on Draft Law No. 38-15 and the legal consequences of the Constitutional Court’s review. It analyses the changes affecting the courts’ composition, organization and jurisdiction, and assesses to what extent the reform objectives—simplicity, proximity and efficiency—are reflected in the proposed framework. The article highlights key strengths of the draft and areas that still require clarification and effective implementation in practice.

Financial Sanctions Under The Moroccan Corporate Insolvency Regime, Najat El Hafdi

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This article examines financial sanctions provided under Book V of the Moroccan Commercial Code on business difficulties (corporate insolvency). These sanctions constitute a deterrent mechanism intended to protect economic public order, secure business continuity, and curb misconduct arising from poor management. The study reviews the main forms of financial sanctions—particularly holding directors personally liable, in whole or in part, for corporate liabilities when a management fault contributed to a deficit in assets—as well as extending insolvency proceedings to managers in specific situations. It also discusses the substantive and procedural requirements for their application, the roles of the court and the …

Judicial Ethics And Identity, Charles Gardner Geyh

Articles by Maurer Faculty

This Article seeks to untangle a cluster of controversies and conundrums at the epicenter of the judiciary’s role in American government, where a judge’s identity as a person and role as a judge intersect. Part I synthesizes the traditional ethics schema, which proceeds from the premise that good judges decide cases on the basis of facts and law, unsullied by the extralegal influences of identity that make judges who they are as human beings. Part II discusses the empirical evidence, and the extent to which identity influences judicial decision- making in ways that contradict tenets of the traditional schema. Part …

2023 Annual Report, Children's Advocacy Institute, University Of San Diego School Of Law

CAI Annual Reports

No abstract provided.

Reconceptualizing Open Access To Theses And Dissertations, Orit Fischman Afori, Dalit Ken-Dror Feldman

Joint PIJIP/TLS Research Paper Series

Theses and dissertations (TD) are academic research projects that are conducted by graduate students to acquire a high academic degree, such as a PhD. The perception of the written TD has evolved over the years, following changes concerning the purpose of advanced academic studies. Today, these academic fruits should meet a high standard of academic innovation, which is understood broadly as encompassing not only knowledge concerning basic science but also the knowledge that generates social and economic value for society.

The modern perception of TD has generated a call for their greater accessibility, as part of the Open Science movement. …

Content Governance In The Shadows: How Telcos & Other Internet Infrastructure Companies "Moderate" Online Content, Prem M. Trivedi

Joint PIJIP/TLS Research Paper Series

No abstract provided.

The Right To A Healthy Environment And The Global South, Carmen G. Gonzalez

Faculty Publications & Other Works

This essay explores the implications of the right to a healthy environment for the long-standing criticisms of international human rights law as a project and product of the Global North. It examines the Southern origins of the right to a healthy environment and its interpretations in regional human rights tribunals. The essay analyzes the responses offered by this evolving jurisprudence to various objections to human rights-based approaches to environmental protection. These include the human rights-based framework’s individualism, anthropocentrism, failure to address transboundary harm, and failure to challenge the economic law instruments that perpetuate environmental degradation.

Beyond Color-Blind International Economic Law, James T. Gathii

Faculty Publications & Other Works

This essay makes three claims. First, that the central role of race in international economic law has been erased and much more needs to be done to recover its large footprints in the discipline as well as in the policies and practices that constitute it. Second, that rules of international economic law formally embed racially constructed hierarchies, such as those that subordinate the status of former and current colonies. Further, that this subordination is not merely of the former and current colonies, but also of large swaths of Black and Brown peoples around the world. Third, that international economic law …

Black Charity: Rethinking The Subsidy Of Black Charitable Donations, Samuel D. Brunson

Faculty Publications & Other Works

No abstract provided.

Standing On The Shoulders Of Llcs: The Tax Entity Status And Decentralized Autonomous Organizations, Samuel D. Brunson

Faculty Publications & Other Works

Since the formation of the first decentralized autonomous organization (DAO) in 2016, their use has exploded. Thousands of DAOs now try to take advantage of smart contracts to solve a problem that plagues business entities: the gulf between ownership and management. Armed with smart contracts and requiring token-holders to vote on any change in strategy, DAOs dispense with the management layer so necessary in traditional business entities. DAOs owe their existence to technology. Without blockchain, without cryptocurrency, and without smart contracts, there would be no DAOs. But they owe their explosiveness to something much more unexpected: Treasury regulations. In the …

Singing In The Key Of Dobbs: Historical Inquiries Into The Institutionalization Of Support For Families And Children, Sacha M. Coupet

Faculty Publications & Other Works

No abstract provided.

Jeffrey Epstein: Pedophiles, Prosecutors, And Power, Blanche Bong Cook

Faculty Publications & Other Works

Jeffrey Epstein, a wealthy, white, billionaire child rapist, ran an international sex trafficking ring. Rather than prosecute Epstein, Alex Acosta, a former United States Attorney, brokered a deal with Epstein’s defense attorneys coined, “the sweetheart deal of the century.” When Acosta abdicated his role as a state functionary and allowed Epstein’s defense attorneys to dictate the terms of Epstein’s freedom, Acosta gave the power of the State to private parties to protect a recidivist child rapist.

The failure to prosecute Epstein is all the more problematic because it sits at the epicenter of mass incarceration. Through its carceral system, the …

Tax Law, Religion, And Justice: An Exploration Of Theological Reflections On Taxation. By Allen Calhoun, Samuel D. Brunson

Faculty Publications & Other Works

Since its inception, Congress has used the income tax to accomplish multiple divergent goals. Raising revenue for an expanding array of state functions has always been one critical goal, but has never been the only one. Among other things, Congress has consistently used the income tax to reduce economic inequality, both through progressive tax rates and through redistributive benefits. While these redistributive goals have always underlain the federal income tax, by the middle of the twentieth century, politicians and tax theorists began to view redistribution ambivalently. Concerns over the efficiency of the tax began to displace equitable concerns. Rather than …

The History Of Religious Hiring At American Catholic Law Schools, John M. Breen, Lee J. Strang

Faculty Publications & Other Works

A mission-driven institution requires personnel who are competent for the realization of the mission. The following article examines the practice of Catholic law schools hiring Catholics as law professors throughout the over 150-year history of Catholic legal education in the United States. The history shows that Catholic law schools alternately sought to hire Catholics as law professors or to hire individuals without regard to their religious affiliation as these schools’ self-understanding of mission changed over time.

Leave Your Conscience At The Court: Religious Tax Protest Before And After Rfra, Samuel D. Brunson

Faculty Publications & Other Works

In the 1970s and 1980s, a number of Americans objected, on religious grounds, to paying income taxes on the grounds that certain government spending violated their religious beliefs. These religious tax protestors largely came from two traditions: Catholics, who opposed government spending on abortion and Quakers, whose Peace Testimony prohibited them from paying taxes that funded war.

These First Amendment objections proved singularly unavailing. Courts consistently held that the Free Exercise Clause of the Constitution does not excuse tax payments, irrespective of the sincerity and ardor of a religious believer’s objections. This constitutional rule was fundamental and established enough that …

A More Capacious Concept Of Church, Samuel D. Brunson

Faculty Publications & Other Works

United States tax law provides churches with extra benefits and robust protection from IRS enforcement actions. Churches and religious organizations are automatically exempt from the income tax without needing to apply to be so recognized and without needing to file a tax return. Beyond that, churches are protected from audit by stringent procedures. There are good reasons to consider providing a distance between church and state, including the state tax authority. In many instances, Congress granted churches preferential tax treatment to try to avoid excess entanglement between church and state, though that preferential treatment often just shifts the locus of …

Artificial Intelligence On Indian Reservations In The United States: Prospects And Challenges, Adam Crepelle

Faculty Publications & Other Works

Increases in computing power have contributed to tremendous improvements in Artificial Intelligence (AI). Despite increasing deployment of AI by public, private, and nonprofit organizations, consideration of AI on American Indian reservations remains in its infancy. In this paper, we suggest that consideration of Internet policy on tribal lands should be expanded beyond consideration of barriers to broadband access to include responsible adoption of emergent technologies, including AI. To facilitate such consideration, we consider the prospects and challenge for deployment of AI in public, private, and nonprofit applications on Indian reservations in the United States. Our particular focus is on how …

The Never-Ending Struggle For Tribal Fishing Rights, Adam Crepelle

Faculty Publications & Other Works

The World Trade Organization’s 2022 Agreement on Fisheries Subsidies failed to acknowledge Indigenous rights. This is problematic, particularly in the United States where tribes have constitutionally recognized sovereignty. Three tribes located within California have taken it upon themselves to assert their sovereignty by creating the United States’ first Indigenous Marine Stewardship Area (IMSA). While the tribes’ jurisdictional power over the IMSA is unclear, the tribes are in the initial stages of comanaging the area with the state of California. Collaborations based upon mutual respect are likely to produce positive results for Indigenous Peoples, the surrounding jurisdiction, and the environment.

Does Expanding Tribal Jurisdiction Improve Tribal Economies: Lessons From Arizona, Adam Crepelle

Faculty Publications & Other Works

In 2013, Congress reaffirmed tribes’ inherent authority to prosecute all persons who commit dating violence, domestic violence, or violate a protective order against Indian women on tribal land in the Violence Against Women Reauthorization Act (VAWA). Congress required tribes to comply with strict procedural safeguards prior to implementing VAWA. We test the hypothesis that because improved procedural standards, as well as guaranteed rights, strengthen the belief in fair trials for individuals and businesses on the reservation as well as others who might consider operating a business on the reservation, VAWA adoption ultimately results in higher income for Indians residing on …

Making Red Lives Matter: Public Choice Theory And Indian Country Crime, Adam Crepelle

Faculty Publications & Other Works

American Indians are victims of violence at higher rates than members of any other racial group. Nevertheless, Indian victims receive little media attention. Aside from the prevalence of violence against Indians, the violence is unique because of the rules governing Indian country law enforcement. Tribes, absent compliance with federally mandated procedural safeguards, cannot prosecute non-Indian criminals. While state or federal law enforcement have jurisdiction over reservation crimes involving non-Indian perpetrators, they often fail to respond. Hence, non-Indians know they can target Indians with little fear of reprisal. This Article argues the rules governing Indian country crimes were not designed to …

Perpetrators Or Victims? The U.S. Response To The Forced Criminality Of Children, Katherine Kaufka Walts, Meghan Scholnick, Joanne Curley

Faculty Publications & Other Works

No abstract provided.

Antitrust And Pop Culture: The Sequel, Spencer Weber Waller

Faculty Publications & Other Works

Every pop culture success receives the inevitable sequel. In spring 2022, I published A Pop Culture Guide to Antitrust showing how antitrust is depicted in the movies, on stage, in pop music, fiction, true crime, and on television and streaming services. Since 2022, the connection between antitrust and pop culture has only grown in importance.

To Learn What People Want, Ask, Sarah E. Waldeck

Faculty Publications & Other Works

No abstract provided.

Bespoke Antitrust, Spencer Weber Waller, Harry First

Faculty Publications & Other Works

No abstract provided.