Law Commons^™

The Criterion Of The Apparent Mismatch Between The Specific Performance Cost Incurred By The Debtor And The Interest Gained By The Creditor As An Impediment For The Specific Performance Of The Obligation In The French Law, Yousef Shandi

Journal of the Arab American University مجلة الجامعة العربية الامريكية للبحوث

This paper dealt with the specific performance of the contractual obligations under the Articles (1221 and 1222) of the French civil law as introduced by (Decree 2016 – 131, dated 10/2/2016 amending the contract law, general provisions and evidence). These Articles reinforce the general rule in contracts, i.e. the contractual obligation shall in principle be specifically performed. However, Article (1221) introduces an important exception to this rule. The judge may refuse specific performance requested by the creditor, if there is "an apparent mismatch between specific performance cost incurred by the debtor and the interest gained by the creditor thereof." This …

Law Library Blog (October 2023): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Name Takings, Gregory S. Alexander

Northwestern Journal of Law & Social Policy

Personal names are an integral part of our identity. Names belong to us; they are ours. Names are a form of personal property and should be treated as such. Nevertheless, the state, both historically and still today, has perpetrated various forms of abuse of personal names, ranging from outright takings of personal names to official denials of preferred names. This Article surveys the variety of ways in which the state has committed these name-takings, as I call them. It includes historical examples of name denials such as African slaves and Canadian Indigenous school children. It then considers various forms of …

Do College Students Have A Lack Of Awareness Around Human Trafficking?, Tessa Cavender

Undergraduate Honors Theses

Human Trafficking is an epidemic around the world, but if you ask the average person, they know little more than what is shown in media. To try to understand this, we asked the questions of whether college students also have a lack of awareness around trafficking, and if so, is education the best way to fix this? Our literature review found many professions, such as healthcare and K-12 education, are pushing for human trafficking curriculums to be implemented in their fields. To determine if this method would be effective on a college campus, five college students were interviewed to determine …

Arbitration And Federal Reform: Recalibrating The Separation Of Powers Between Congress And The Court, Larry J. Pittman

Washington and Lee Law Review

In 1925, Congress, to provide for the enforcement of certain arbitration agreements, enacted the Federal Arbitration Act (“FAA”) as a procedural law to be applicable only in federal courts. However, the United States Supreme Court, seemingly for the purpose of reducing federal courts’ caseloads, co-opted the FAA by disregarding Congress’s intent that the FAA be applicable only in federal courts. And in furtherance of its own Court-created “federal policy in favor of arbitration,” the Court created precedents that limit state regulation of arbitration agreements, including that states cannot exempt disputes from forced or mandatory arbitration agreements or otherwise regulate the …

Brokered Abuse, Thomas E. Kadri

Scholarly Works

Data brokers are abuse enablers. These companies, which traffic information about people for profit, facilitate interpersonal abuse by making it easier to find and contact people. By thwarting people’s obscurity, brokers expose them to physical, psychological, financial, and reputational harm. To date, there have been four common legal responses to this situation: prohibiting abusive acts, mandating broker transparency, limiting data collection, and restricting data disclosure. Though these measures each have some merit, none is adequate, and several recent privacy laws have even made matters worse. Put simply, the current legal landscape is neither effective nor empathetic.

This Essay explores the …

Changemakers: From The Classroom To The Courtroom: Miguel Garcia, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Pengujian Tindakan Penyalahgunaan Wewenang Pejabat Di Pengadilan Tata Usaha Negara, Bob Humisar Simbolon

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The examination of the Abuse of Authority in the State Administrative Court is an administrative act or action that must be based on the existing laws and regulations. However, along with the growing understanding of the state of material law, the understanding that government based on laws has shifted to an understanding of state government based on law. The purpose of this paper is to see the extent of the authority of the State Administrative Court in examining territorial boundaries and the authorized procedures at the State Administrative Court. The research method is in the form of normative juridical research …

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 …

Law School News: From Classroom To Courtroom 11-10-2022, Michelle Choate

Life of the Law School (1993- )

No abstract provided.

Law Library Blog (October 2022): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

A Comparative Approach Of The Development And Impact Of Victims’ Rights On Violence Against Women In The United States, Portugal, And Pakistan, Brianna Williams

Lincoln Memorial University Law Review Archive

In recent years, victims’ rights have received worldwide attention in regards to women’s rights and opportunities-or lack thereof. However, what are victims’ rights, how are women’s issues addressed under these rights, have they had their intended effect, are they adequately addressing modern issues, how have similar rights been implemented in other counties and are they working better? This article is a comparative law project between the United States, Portugal, and Pakistan evaluating victims’ rights in each country and any correlation between the presence and enforcement of victims’ rights and the impact they have had on violent crimes against women. By …

The Third Annual Women In Law Leadership Lecture: A Fireside Chat Featuring Amy Barasch, Esq., Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Cedaw And Transformative Judicial Obligations: The Vulnerable Migrant Domestic Worker And Root Causes Of Abuse, Cheah W. L.

Michigan Journal of International Law

CEDAW’s transformative provisions, which require states to address root causes of injustice and discrimination, can be made more effective not only through legislation and policy, as commonly argued, but through the judiciary. This article highlights the need to develop the content and implementation of transformative judicial obligations under CEDAW through a comparative study of judicial decisions on the abuse of female MDWs in three key MDW destinations that are party to CEDAW—Hong Kong, Singapore, and Malaysia. By engaging with scholarship on CEDAW’s positive obligations, transformative equality, and theories of adjudication, this article argues that criminal law courts should not only …

Judging Women Who Kill Their Batterers In The United States: A Violation Of Their Right To Equality Before The Law Under The Iccpr, Paulina Lucio Maymon

American University International Law Review

No abstract provided.

Police Officers Use Of Ketamine To Subdue Alleged Criminals, Maria Onofre, Peter Platterborze

Honors Program Theses and Research Projects

This review highlights the recent use of ketamine to subdue alleged criminals as an anesthetic. The history and usage of ketamine are studied as a focus on the implementation of ketamine to treat different human needs. The properties and similarities to PCP are compared. All forms of administration, both legal and illegal, and dosages are studied. The review is concluded by a look at the use of ketamine by law enforcement, especially by the Aurora police department.

Failed Interventions: Domestic Violence, Human Trafficking, And The Criminalization Of Survival, Alaina Richert

Michigan Law Review

Over the last decade, state legislators have enacted statutes acknowledging the link between criminal behavior and trauma resulting from domestic violence and human trafficking. While these interventions take a step in the right direction, they still have major shortcomings that prevent meaningful relief for survivor-defendants. Until now, there has been no systematic overview of the statutes that require courts to consider a defendant’s history of trauma in the contexts of domestic violence and human trafficking. There has also been no attempt to explore how these statutes relate to each other. This Note fills those gaps. It also identifies essential elements …

Law Library Blog (October 2021): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Civil Rights Law—Out Of The Shadows: The Case For Arkansas To Achieve Full Compliance With The Prison Rape Elimination Act, Connor Thompson

University of Arkansas at Little Rock Law Review

No abstract provided.

Two Minutes For Unfair Restraint: How The Nhl-Chl Player Transfer Agreement Serves As A Catalyst For Abuse Of Dominance, Alex Dourian

American University Business Law Review

I. INTRODUCTION

The NHL-CHL Player Transfer Agreement (“Agreement”) is an arrangement between the National Hockey League (“NHL”) and Canadian Hockey League (“CHL”). It stipulates that an NHL club must return any CHL player drafted and signed to an NHL entry-level contract (“ELC”) to his CHL club if the NHL club does not retain that player on its active roster at the start of the season. The Agreement applies solely to CHL players ages 18 and 19. Its language limits the ability of these players to play in alternative leagues around the world and thus capture adequate compensation pursuant to their …

Redefining Sex Offenders: The Fight To Break The Bias Of Female Sex Offenders, Norma Hamilton

Journal of Race, Gender, and Ethnicity

No abstract provided.

Changing The Culture Of Nurse Practitioners: Incorporating Medical Billing And Coding To Prevent Fraud, Waste And Abuse, Tralissa Morrow

DNP Research Projects

Medical coding and billing errors are avoidable problems that have afflicted practitioners for decades. Correct coding and billing are required for reimbursement of healthcare services. Fraud, waste and abuse increase healthcare costs, reduce the quality of care provided and directly impact costs to patients. This pilot study was intended to evaluate the impact of an educational webinar on medical billing and coding, fraud, waste and abuse on nurse practitioner (NP) knowledge using a pretest posttest design. Mean scores increased from 58.4% to 76.4%. Test reliability was low at 0.477 (pretest) and 0.142 (posttest) with two questions that were unable to …

I Am Woman, Hear Me Roar: Denial Of Sexual Reassignment Surgery For Transgender Inmates And The Eighth Amendment’S Ban On Cruel And Unusual Punishment, Chiara Haueter

Touro Law Review

No abstract provided.

Sporting Institutions Turned A Blind Eye To China's Human Rights Abuses, But They Have The Potential To Drive Global Change, Hailey Ferguson

Human Rights Brief

No abstract provided.

The Cost Of Gold: How Generalized Whistleblowing Policies Are Failing Athletes, Hannah M. Davis

Marquette Sports Law Review

No abstract provided.

The Further Downfalls Of Dcfs During The Covid-19 Pandemic, Josie Finch

SLU Law Journal Online

The COVID-19 pandemic has brought nationwide trials and tribulations but in Illinois, it has brought further complications to an already struggling Department of Children and Family Services. In this article, Josie Finch discusses the consequences of isolation and economic issues on at-risk children in Illinois as a result of the COVID-19 pandemic.

Dirty Johns: Prosecuting Prostituted Women In Pennsylvania And The Need For Reform, Mckay Lewis

Dickinson Law Review (2017-Present)

Prostitution is as old as human civilization itself. Throughout history, public attitudes toward prostituted women have varied greatly. But adverse consequences of the practice—usually imposed by men purchasing sexual services—have continuously been present. Prostituted women have regularly been subject to violence, discrimination, and indifference from their clients, the general public, and even law enforcement and judicial officers.

Jurisdictions can choose to adopt one of three general approaches to prostitution regulation: (1) criminalization; (2) legalization/ decriminalization; or (3) a hybrid approach known as the Nordic Model. Criminalization regimes are regularly associated with disparate treatment between prostituted women and their clients, high …

Controlled Observation: The Challenges Of Therapy For The Mentally Ill Incarcerated Population, Esther Tingué

Dissertations, Theses, and Capstone Projects

Popular perception and objective of incarceration is confinement, brutality and in some cases inhumane conditions. But what about the incarcerated population who suffer from the additional burden of mental illness? How does confinement affect mentally ill inmates? This capstone project asks: (1) how do individuals/organizations provide rehabilitative services in this evolved culture of crime and punishment? And (2) how is therapy provided in a restricted environment? I examine these questions from the perspective of the therapist, the person who (in a restricted environment) takes on the responsibility of treating and managing the effects of mental illness for this population.

Dalliances, Defenses, And Due Process: Prosecuting Sexual Harassment In The Me Too Era, Kenneth Lasson

University of Massachusetts Law Review

This Article will likewise examine the prosecution of sexual harassment in what has come to be called the Me Too Era, not only by analyzing the constitutional application and limitations of due process, the promulgation of Title IX policies4 on campuses and their effect on public students and employees, and the limited remedies available to workers in private entities, but to suggest as well ways by which academics can move their message beyond theory and into pragmatic solutions with greater impact.

The Methodology Of Social Adaptation Following The Liberation Of A Wrongful Conviction, Ashantwa Jackman

Journal of Race, Gender, and Ethnicity

No abstract provided.