Law Commons^™

The Legal Regulation Of The Internal Oversight Committees In Islamic Financial Institutions, Samya Bakheet Alnahdi

Thesis/ Dissertation Defenses

This study deals with the legal organization of internal Shari’ah Supervision Committees ISSC in light of the modern federal legislation of the UAE and the standards of Shari’ah governance, after a legislative vacuum that lasted for nearly 9 years since the establishment of Dubai Islamic Bank in 1975 as the first Islamic bank according to the modern concept of banks in the UAE and the world as a whole, until the issuance of Law No. (6) of 1985 regarding Islamic banks, financial institutions and investment companies as the first legislation regulating Islamic banking in the UAE, and the study aims …

The Criminal Confrontation Of Discrimination Crimes In Uae Law Under Federal Law By Decree No (34) Of 2023 Concerning Combating Discrimination, Hatred And Extremis, Hamda Mohammed Alshamsi

Thesis/ Dissertation Defenses

Discrimination is a reprehensible act that undermines equality and fair opportunities. International efforts and national penal legislation have responded by criminalising this behaviour and enforcing penalties, given its threat to national peace and human dignity. The United Arab Emirates, with its unique diversity of citizens and residents differing in colour, gender, ethnic, and religious backgrounds, fosters coexistence under the rule of law and equality. The UAE legislature has proactively taken steps to combat discrimination, enacting specific preventive legislation: Federal Decree-Law No. (34) of 2023 on Combating Discrimination, Hatred, and Extremism.
This study offers a critical analysis of the criminal prosecution …

A Heartbeat Away: Popular Culture’S Role In Teaching Presidential Succession, Jay L. Wendland

Dialogue: The Interdisciplinary Journal of Popular Culture and Pedagogy

The role of popular culture in civic education is important. Many television viewers learn about the American political process through various dramatized depictions. The 25th Amendment has often received much attention from Hollywood, as it provides writers, directors, and producers a tool with which to further dramatize presidential succession. Through the television shows West Wing, Designated Survivor, Commander in Chief, Madam Secretary, and Political Animals, viewers are exposed to storylines revolving around the 25th Amendment. By viewing these dramatized versions of presidential succession, viewers are better able to understand the process and political science instructors …

The Seventh Amendment Right To Jury Trial In The Administrative State: Recognizing The Dangers Of The Constitutional Moment, Martin H. Redish, Samy Abdelsalam

Notre Dame Law Review

One prominent constitutional scholar has sought to legitimize this constitutional transformation through resort to a strange and controversial analytical model he describes as the “constitutional moment.” In this Article, we plan to establish two important points: (1) there exists no principled mode of analysis of the Seventh Amendment right to jury trial that justifies the Court’s categorical dichotomy between Article III and non–Article III forums for purposes of the right’s applicability, and (2) while the theory of the “constitutional moment” would in fact justify the Court’s insulation of the administrative state from Seventh Amendment applicability, reliance on such a theory …

Proper Parents, Proper Relief, Katie Grace Graziano

Notre Dame Law Review

Indian children belong with Indian parents—or so says the Indian Child Welfare Act (ICWA). ICWA requires certain procedures for carrying out the adoption of an Indian child. Among those procedures is an explicit preference for Indian families over non-Indian families. The hierarchy is so strict that a court must prioritize placing a child with an Indian family even if she is already thriving in the home of a non-Indian family, and even if her biological parents chose a non-Indian family to adopt her. This regime presents a clear constitutional issue. Can the government deny a family the adoption of a …

Preemption: Opportunities And Obstacles For Climate Adaptation, Kevin J. Lynch

Sturm College of Law: Faculty Scholarship

As high-level warming becomes more common, it is critical for human society to respond effectively and forcefully to meet the many challenges coming our way. We have to be prepared for a 1.5- to 4-degrees Celsius (°C) increase in temperature.1 The scale of the coming change and the relatively short time frame in which it will occur both suggest that our society will need to respond in a highly coordinated and efficient way to best put our limited resources to work. This in turn will require all levels of government - local, state, regional, national, and international - to work …

Non–Article Iii Federal Tribunals: An Essay On The Relation Between Theory And Practice, Richard H. Fallon Jr.

Notre Dame Law Review

Since the 1980s, the Supreme Court’s decisions involving the permissible uses of non–Article III federal tribunals have repeatedly invoked two competing theories. A “historical-exceptions” or “formalist” model would insist that only Article III judges can exercise federal adjudicative power except in three categories of cases that history marks as exceptional. A rival approach, often labeled “functionalism,” would allow further deviations from the historical norm if they are supported by sound practical justifications and do not threaten the fundamental role of the Article III judiciary within the separation of powers. This Article explores the relationship between theory and practice in explaining …

The Public/Private Rights Critics, Ann Woolhandler, Michael G. Collins

Notre Dame Law Review

In Adjudication in the Political Branches, Professor Caleb Nelson provided an influential account of when federal adjudication might take place outside of the Article III courts. The ability of Congress to place adjudicative matters outside of Article III courts largely depended on whether the matter might be considered one of public or private rights. Nelson also traced changes over time that undermined the coherence of the traditional public/private right distinction, and recommended returning to the traditional model. Later writers have attempted either to qualify or refute the existence of the public/private-rights framework by studying particular areas of law that …

Whose Equity? Interpreting Statutes Authorizing Equitable Remedies, Drew Garden

Notre Dame Law Review

The role of equity in federal law has sparked significant recent debate. Much ink has been spilled over the appropriate role of the general equity power in federal jurisprudence. Less attention has been paid to the interpretation of statutes explicitly authorizing equitable remedies. Equity, by its very nature, is a shifting field. In fact, equity came into being precisely because of this need for flexibility, and the role it has played throughout English and American history has been possible solely because of its ability to adapt. Thus, when a statute authorizes equitable remedies but does not specify which remedies, the …

Law School News: Exploring Law From Classroom To Courtroom 11-08-2024, Andrew Clark

Life of the Law School (1993- )

No abstract provided.

Statutory Religious Accommodation In Employment And The Problems Of Judicial Intent And Outcome, George Wright

Texas A&M Law Review

The Groff v. DeJoy case unhappily, but inevitably, generates a variety of realistically unresolvable fundamental problems in typical statutory religious accommodation cases. Perhaps even more important, though, are the unintended and perverse results of Groff’s placing a generally heavier burden of religious accommodation on employers. The Groff standard indeed incentivizes the bringing of more religious discrimination cases, and both the winning and losing of such cases by religious claimants. But our adversarial cultural circumstances, including the typical inseparability of religion, politics, and culture, crucially affect the actual, but unintended, results of judicial reforms. The Groff rule is likely to …

Thurgood Marshall Memorial Lecture: 80 Years After Korematsu V. U.S.: It's All About Us 10-29-2024, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Is Mediation A Sleeping Beauty, Cardozo Journal Of Conflict Resolution

2024–2025 Flyers

No abstract provided.

If Androids Dream, Are They More Than Sheep?: Westworld, Robots And Legal Rights, Amanda J. Dipaolo

Dialogue: The Interdisciplinary Journal of Popular Culture and Pedagogy

The robot protagonists in HBO’s Westworld open the door to several philosophical and ethical questions, perhaps the most complex being: should androids be granted similar legal protections as people? Westworld offers its own exploration of what it means to be a person and places emphasis on one’s ability to feel and understand pain. With scientists and corporations actively working toward a future that includes robots that can display emotion in a way that can convincingly pass as that of a person’s, what happens when androids pass the Turing test, feel empathy, gain consciousness, are sentient, or develop free will? The …

A Gendered Perspective On Policing Violence In Happy Valley And Fargo, T. Allen Culpepper

Dialogue: The Interdisciplinary Journal of Popular Culture and Pedagogy

Portrayal of a police officer determined to fight crime and execute justice in a harsh, isolated environment has become a television and film subgenre, often featuring women facing gender-related challenges. The issues raised in Sally Wainwright’s British television series Happy Valley, can be made more accessible, particularly to American undergraduate students, via its commonalities with the Coen brothers film Fargo. In both, a tough but compassionate policewoman pursues the more sociopathic of a pair of criminals involved in a botched kidnapping attempt instigated by an inept businessman, taking on the case for personal and professional honor, and as …

Alumni Career Panel, Cardozo Entertainment Law Society

2024–2025 Flyers

No abstract provided.

Litigation And The 2024 Election: Critical Questions, Jacob Burns Center For Ethics In The Practice Of Law, Benjamin N. Cardozo School Of Law, Center For Rights And Justice, Benjamin N. Cardozo School Of Law

2024–2025 Flyers

No abstract provided.

Dhamaka, South Asian Law Student Association (Salsa)

2024–2025 Flyers

No abstract provided.

Sotheby's Visit With Cals, Cardozo Fame Center, Cardozo Fashion Law Society

2024–2025 Flyers

No abstract provided.

Please Join Us At Cardozo School Of Law For A Weekend Of Kukin Program Events!, Kukin Program For Conflict Resolution

2024 Event Invitations

• A Peace Gala in Honor of Professor Lela P. Love
• The Cardozo Journal of Conflict Resolution Melnick Symposium
• The Cardozo Invitational Negotiation in Entertainment Arts and Media (CINEMA)

Join us for a dinner celebration in honor of Professor Love, Founding Director of the Kukin Program for Conflict Resolution. In 1985, she founded Cardozo's Mediation Clinic—one of the first clinical programs to train law students to serve as mediators. Love has served as mediator, arbitrator and dispute resolution consultant in community, employment, family, human rights, school-based and commercial cases. An active educator and participant in dispute resolution activities, she regularly conducts …

The Legal Framework Of Commercial Exploitation And Mining Of Natural Resources In Outer Space, Salam Fouzat Al Kasem

Thesis/ Dissertation Defenses

The mining of natural resources from outer space has become closer to reality more than ever, and some States have enacted unilateral legislations regulating the exploitation of space resources, and some entities have developed strategic plans to extract space resources. There are also many initiatives that seek to regulate space resource exploitation activities at the international level. Mining of space resources raises several legal questions about how to conciliate between the principle of non-appropriation and the principle of freedom of exploration and use of outer space. The problem appears in the international space law's inability to keep pace with the …

Review: Copyright For Scholars: Osmosis Doesn’T Do The Trick Anymore, Janet Brennan Croft

Dialogue: The Interdisciplinary Journal of Popular Culture and Pedagogy

Reviews of:

Kevin L. Smith. Owning and Using Scholarship: An IP Handbook for Teachers and Researchers. American Library Association, 2014. 240 pages. ISBN: 978-083898747-6.

Kenneth Crews. Copyright Law for Librarians and Educator: Creative Strategies and Practical Solutions, 3rd edition. American Library Association, 2012. 192 pages. ISBN: 978-0-8389-1092-4.

Rebecca P. Butler. Copyright for Academic Librarians and Professionals. American Library Association, 2014. 278 pages. ISBN: 978-0-8389-1214-0.

Russell, Carrie. Complete Copyright for K-12 Librarians and Educators. American Library Association, 2012. 172 pages. ISBN: 978-0-8389-1083-2.

Fall 2024 - Gen Ai For Legal Research, University Of Michigan Law Library

Legal Tech Series

Generative AI is a transformative technology that will impact your legal career. Learn about the benefits and pitfalls of tools you can use for legal research now.

Sync Licenses, Soundtracking, And Infringement Claims: Oh My!, Women In Tech Law, Cardozo Entertainment Law Society, Intellectual Property Law Society, Cardozo Fame Center

2024–2025 Flyers

No abstract provided.

Taking Behavioral Antitrust Seriously: On Default Agreements As Exclusive Dealing And The Debiasing Potential Of Default Randomization, Omar Vasquez Duque

Maryland Law Review

No abstract provided.

Clark V. Clark : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from a Judgment of the Fifth Judicial District Court in and for Iron County, State of Utah, Hon. Matthew L. Bell presiding. APPELLEE’S RESPONSIVE BRIEF

Brett W. Hastings [15442] HASTINGS|SMOAK Wells Fargo Center Attorneys for Appellees

Frank D. Mylar [5116] MYLAR LAW, P.C. Attorney for Appellants

Bonnie Peragallo V. W&T Holdings And Jason Laursen : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal From the First Judicial District Court, Cache County, State of Utah The Honorable Judge Spencer Walsh

Peter R. Mifflin (#12595) ROBERT J. DEBRY & ASSOCIATES Attorney for Plaintiff/Appellant

Robert L. Janicki (#5493) Matthew A. Jones (#15792) STRONG & HANNI Attorneys for Defendant/Appellee W&T Holdings, LLC

Mlsa Gbm: Board Games & Chill, Minority Law Student Alliance (Mlsa)

2024–2025 Flyers

No abstract provided.

Adr In The Digital Age: How Online Platforms Are Better Suited To Resolve Disputes Than Traditional Forums, Matthew Zelman

Cardozo Journal of Conflict Resolution (CJCR) Blog

Since Covid-19 remote work has been increasing astronomically in the US. According to a Gallup poll, even now that Covid-19 is in the past, approximately 27% of workers are fully remote, 53% hybrid, and 21% fully on site. While there are significant benefits to working from home, there are detriments including losing key relationships with coworkers. As people could not physically see their coworkers in person and grow and learn from each other’s body language and personal observations, they started losing respect for each other. This led to an increase in conflicts amongst remote workers with one survey finding that …

A Field Guide To Teaching Agency And Ethics: The West Wing And American Foreign Policy, Kayce Mobley, Sarah Fisher

Dialogue: The Interdisciplinary Journal of Popular Culture and Pedagogy

Though political science undergraduate courses reflect a rich theoretical tradition, they typically lack opportunities for students to express intangible concepts through the interpretation of creative works, a standard exercise of critical analysis. Educators can address this dearth in many ways, such as through utilization of popular culture texts. We employ the television series The West Wing to ground debates in American politics, specifically American foreign policy. Although this show has been on air since 2006, Netflix and Amazon have recently released the entire series for streaming, significantly reducing the hassle and monetary cost of using this source in the classroom. …