Law Commons^™

The Implementation Of Modest And Simple Principle To Mahr As A Contribution To The Indonesian Marriage Law, Nur Mohamad Kasim

Jurnal Hukum & Pembangunan

Mahr was one of the groom's provisions to the bride and regulated by the Islamic sharia. Mahr was one of the series in a marriage procession. Islam regarded mahr as the bride's private rights, so it should not be transferred to her guardian or family. Islam defined mahr as the groom's duty, and it should not be violated. The bride would fully authorize mahr. QS. An-Nisa (4) recited, “And give the women (upon marriage) their (bridal) gifts graciously.” The gift was mahr, whose amount was determined on behalf of two parties' agreement, as it should have been voluntarily given. Nevertheless, …

Are We Closing The Gap? Reforms To Legal Capacity In Latin America In Light Of The Convention On The Rights Of Persons With Disabilities, Pablo Marshall, Paula Vasquez, Violeta Puran, Loreto Godoy --Research Assistant

Vanderbilt Journal of Transnational Law

This Article examines the the reforms developed in Latin America over the last decade that have adapted domestic legislation regarding legal capacity toward the support model of the Convention on the Rights of Persons with Disabilities (CRPD). Our examination of the reforms in Costa Rica, Argentina, Peru, and Colombia focuses on the adoption process of the reforms, the main characteristics of the implemented support model, some transitional and implementation aspects of the reforms, and a critical examination of their relationship to the CRPD. Finally, this Article explores some weaknesses related to the reforms' implementation processes.

Implementasi Peraturan Daerah Dalam Otonomi Daerah Menjadi Salah Satu Parameter Good Governance, Ananda Rayhana Putri

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Regional Regulation as one of the regional legal products is something inherent with the Regional Autonomy system. This is a consequence of the regional autonomy system itself which is based on independence and is not a form of freedom of an independent government unit. Independence itself means that the Region has the right to regulate and manage the domestic affairs of its own government. The authority to regulate here means that the region has the right to make legal decisions in the form of laws and regulations. In forming a region it is not easy because it requires sufficient knowledge …

Regulating Big Tech: Lessons From The Ftc’S Do Not Call Rule, William E. Kovacic, David A. Hyman

GW Law Faculty Publications & Other Works

Big Tech (Amazon, Apple, Facebook, and Google) is under regulatory assault. Cases have been brought against each of these companies in multiple countries around the world, but there is an emerging consensus that more needs to be done – most likely in the form of ex ante regulation that prescribes rules of conduct for dominant information platforms. The European Union and the United Kingdom are well on the way to establishing such frameworks, and the United States appears poised to undertake similar measures in the coming years. Most of the debate has focused on the case for ex ante regulation …

A Comparative Study On Competition Laws And Practices Between Saudi Arabia And The United States, Hussain N. Agil

AAU Journal of Business and Law مجلة جامعة العين للأعمال والقانون

This paper mainly compares the prevailing competition laws and practices of both the United States of America and Saudi Arabia with respect to their historical development and the legal systems of these countries. These objectives emanate from the globalization of trade and commerce, which necessitates considerable knowledge on the part of the global investors of the similarities and differences between the two countries for ease of trade. Being a comparative study, the current work adopts a comparative analysis methodology whose main objective is to evaluate the characteristics of each competition practice. Furthermore, there has been a need to reconcile the …

Seller Commitment In E-Commerce Contracts, Adel Miqdadi

Jerash for Research and Studies Journal مجلة جرش للبحوث والدراسات

This study deals with the duties of the seller to buyer in these modern contracts that differ from those of traditional ones in their conclusion, with their parties living in different locations. Accordingly, the seller's obligations in the e-commerce contracts are relatively numerous, before and after the conclusion of the e-contract. This research paper shows that the seller is committed to many obligations before the conclusion of the e-contract such as identifying the necessary stages for the completion and implementation of the contract, listing of goods specifications and prices, costs of goods delivery, validity of quotation of contracted goods, payment …

Food And Agricultural Security Strategy And Its Implementation Under Public Health Security And Bioterrorism Preparedness And Response Act Of 2002, Vivek V. Nemane

Journal of Food Law & Policy

The U.S. agricultural system can be described as concentrated, specialized and industrialized. A typical food chain generally involves agricultural production, storage, processing and distribution. In the U.S. agricultural and food system, most production, distribution and processing is done in a consolidated and centralized manner.

The Obligatory Nature Of Arbitration Awards And Their Implementation In National And International Arbitration Dr. George Hazbon Hazbon & Dr. Radwan Obaidat, George Hazboun

UAEU Law Journal

This research aimed to analyse the arbitration award in it's various natures to deal with the principle of resjudicate issue in the domestic arbitration, the foreign arbitration and the private international one. Also the research dealt with the exceptions to the principle in a comparative view, to focus finally on the possibility of considering an absolute effect of the principle besides the relative one.

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

Law Library Newsletters/Blog

No abstract provided.

Implementing Judicial Rulings Issued Against The Administrative Authority In The Kingdom Of Saudi Arabia In Light Of Islamic Law And Positive Law, Dr. Sameh Abdullah Mohammed

UAEU Law Journal

The Justice is the way of human beings to happiness, tranquility and safety, the individuals turn to judicature to exclude the injustice that sometimes may happens to them by the administration, and may go on the case of what is said that access to the ruling and then implementation is the last step in a long dispute between individuals and management before the judiciary, Individuals in the end execute the judgment. The purpose of the research is to clarify the means that the administration can use to prevent the execution of the judgments issued against it, to identify the reasons …

The International Convention On The Elimination Of All Forms Of Racial Discrimination: An Analysis Of Article 4’S Implementation On Hate Speech In The United States, Japan, And Germany, Chioma Chukwu-Smith

Saint Louis University Law Journal

In 2017, white supremacists gathered in Charlottesville, Virginia to protest the removal of Confederate General Robert E. Lee’s statue from a public park. The “protesters” chose to voice their concerns by carrying tiki torches and spewing racist chants. The encounter began with hateful speech and ended in bloodshed and death. This is one example of how the United States, along with several other democracies, has been confronted with the question of how far they should go in limiting extreme forms of hateful, discriminatory expression.

In various countries around the world, hate speech, at its worst, has resulted in political extremism …

Legal Instruments Of State Practice And International Initiatives Undertaken To Fight Corruption In The Banking And Financial Sector, N. D. Nodirxonova

International Relations: Politics, Economics, Law

In this article we analyze the legal aspects of leading international experience in countering corruption in bank and financial sectors. It must be noted that these issues have gained even more importance given the universal character of corruption related criminal activities. The trans-boundary character of this kind of crimes makes it significant to properly study and learn foreign expertise in the sphere. Having analyzed experience of various countries we have come up with relevant conclusions, regarding institutional base, legal tools, involvement of civil society actors, significance of transparency and etc.

The Heart Of The Paris Rulebook: Communicating Ndcs And Accounting For Their Implementation, Meinhard Doelle

Articles, Book Chapters, & Popular Press

Nationally Determined Contributions play a critical role in the architecture of the Paris Agreement. Parties are required to prepare and communicate their NDCs and to undertake domestic efforts to meet their mitigation commitments, facilitated in some cases by support and finance from other parties. The focus of this article is on key elements of the five-year cycle that deal with the content and process of NDCs, specifically the portion of the Paris Rulebook on the communication of NDCs and the accounting for their implementation. The article concludes that while the basics appear to be in place, there are a number …

The Calm After The Storm: 45 Years Of The Aba Young Lawyers Division’S Disaster Legal Services Program, Andrew Jack Vansingel

Touro Law Review

No abstract provided.

Reframing The Sustainable Development Goals To Achieve Sustainability In The Anthropocene — A Systems Approach, Michelle Mei Ling Lim, Peter Sogaard Jorgensen, Carina Wyborn

Research Collection Yong Pung How School Of Law

Griggs et al. (2013) redefine sustainable development as “development that meets the needs of the present while safeguarding Earth’s life-support system, on which the welfare of current and future generations depend.” We recommend this as the end goal that the United Nations sustainable development goals (SDGs) should strive to achieve. Integration across the SDGs is less than what is required from a science perspective. Effective implementation of the SDGs will require States to attend to trade-offs and overlaps. We argue that continuous failure to address integration within the SDGs will jeopardize realization of this ultimate end goal. Therefore, we adopt …

Implementation Of International Law In The Criminal Legislation Of The Republic Of Uzbekistan, F. Fazilov

Review of law sciences

In this article, the author analyzes the issues of bringing criminal norms in accordance with the international treaties of the Republic of Uzbekistan.

Implementation Of International Law In The Criminal Legislation Of The Republic Of Uzbekistan, F. Fazilov

Review of law sciences

In this article, the author analyzes the issues of bringing criminal norms in accordance with the international treaties of the Republic of Uzbekistan.

A Model For Rigorously Applying The Exploration, Preparation, Implementation, Sustainment (Epis) Framework In The Design And Measurement Of A Large Scale Collaborative Multi-Site Study, Jennifer E. Becan, John P. Bartkowski, Danica K. Knight, Tisha R. A. Wiley, Ralph Diclemente, Lori Ducharme, Wayne N. Welsh, Diana Bowser, Kathryn Mccollister, Matthew Hiller, Anne C. Spaulding, Patrick M. Flynn, Andrea Swartzendruber, Megan F. Dickson, Jacqueline Horan Fisher, Gregory A. Aarons

Center on Drug and Alcohol Research Faculty Publications

Background

This paper describes the means by which a United States National Institute on Drug Abuse (NIDA)-funded cooperative, Juvenile Justice-Translational Research on Interventions for Adolescents in the Legal System (JJ-TRIALS), utilized an established implementation science framework in conducting a multi-site, multi-research center implementation intervention initiative. The initiative aimed to bolster the ability of juvenile justice agencies to address unmet client needs related to substance use while enhancing inter-organizational relationships between juvenile justice and local behavioral health partners.

Methods

The EPIS (Exploration, Preparation, Implementation, Sustainment) framework was selected and utilized as the guiding model from inception through project completion; including the …

Environment, States, And International Organizations: The Role Of Global Environmental Conventions In Protecting The Environment, Natalia Escobar Pemberthy

Graduate Doctoral Dissertations

Global environmental conventions are created to address and resolve global environmental problems. Assessments of the achievement of specific environmental goals, however, indicate that there is room for progress and that stronger collective action is required. Given that there are no empirical instruments to measure implementation and to determine the factors behind individual countries’ results, challenges emerge that require the expansion of existing analytical frameworks around environmental conventions and their role as global governance instruments. This study develops an empirical instrument – the Environmental Conventions Index – to assess the implementation of global environmental conventions, determining the main trends for both …

Students’ And Teachers’ Experiences With The Implementation Of Problem-Based Learning At A University Law School, Marit Wijnen, Sofie M. M. Loyens, Guus Smeets, Maarten J. Kroeze, Henk T. Van Der Molen

Interdisciplinary Journal of Problem-Based Learning

A few years ago, the Erasmus School of Law implemented problem-based learning (PBL) as an instructional method in the bachelor’s program. Transition to a PBL program often brings some difficulties for the teaching staff. To find out whether the implementation at the Erasmus School of Law has been successful, students and teachers were asked about their experiences with and perceptions of the PBL program. Both students and teachers reported positive study behaviors, such as regular studying and active involvement of students as a result of PBL. However, some issues also arose after implementing PBL: staff members reported dissatisfaction regarding the …

Making Treaty Implementation More Like Statutory Implementation, Jean Galbraith

Michigan Law Review

Both statutes and treaties are the “supreme law of the land,” and yet quite different practices have developed with respect to their implementation. For statutes, all three branches have embraced the development of administrative law, which allows the executive branch to translate broad statutory directives into enforceable obligations. But for treaties, there is a far more cumbersome process. Unless a treaty provision contains language that courts interpret to be directly enforceable, they will deem it to require implementing legislation from Congress. This Article explores and challenges the perplexing disparity between the administration of statutes and treaties. It shows that the …

Belling The Cat: Implementation Of A Prospective Payment Reimbursement System For Critical Access Hospitals, Its Likely Success, And Political Implications Of This Policy Move, Erin E. Grant

Saint Louis University Journal of Health Law & Policy

Health care is plagued by inefficient reimbursement policies which encourage expensive financial waste with little incentive to maintain care quality. Though no perfect solution exists, effective remedies may require a hard look at programs so far untouched by policy changes. This article discusses the application of a prospective payment system of reimbursement for critical access hospitals, as well as how this policy change would affect rural health care access, costs, and quality of care. Though some fear prospective payment systems of reimbursement would cripple rural health care, evidence shows it would likely promote more cost-efficient care without diminishing quality or …

Showing Them How It's Done: Justice Cromwell's International Law Jurisprudence, Robert Currie

Articles, Book Chapters, & Popular Press

This paper examines the international law judgments authored by Justice Tom Cromwell of the Supreme Court of Canada, focusing on the methodology used in applying treaty law within the Canadian legal context. It concludes that Justice Cromwell's decisions in this area are a model of solid methodology, clarity and attention to fairness to all parties.

Slides: The Colorado River Basin, Larry Macdonnell

Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10)

Presenter: Larry MacDonnell, Senior Fellow, Getches-Wilkinson Center, University of Colorado

17 slides

Slides: The Columbia River Basin, Barbara Cosens

Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10)

Presenter: Barbara Cosens, Professor and Associate Dean of Faculty, University of Idaho College of Law, Waters of the West Interdisciplinary Program

16 slides

Slides: Environmental Flow Case Studies: Southern And Eastern Africa, Rebecca Tharme, Kelly Fouchy, Susan Graas, John Conallin, Michael Mcclain, Unesco-Ihe, Felister Mombo, Sokoine University Of Agriculture

Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10)

Presenter: Rebecca Tharme, Riverfutures Ltd.

17 slides

Slides: The Era Of River Anthropology: Social And Eco-Hydrological Science Connections And Capacity For Environmental Flows: Us Case Studies, Joseph E. Flotemersch, Lisa-Perras Gordon

Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10)

Presenter: Joe Flotemersch, US Environmental Protection Agency (EPA), Office of Research and Development

21 slides

Fact Sheet: Water Licences, New South Wales Aboriginal Land Council

Indigenous Water Justice Symposium (June 6)

Presenter: Phil Duncan, Gomeroi Nation, New South Wales Aboriginal Land Council

4 pages

Contains references

Implementation Procedures For Puerto Rico's Environmental Laws, Sara Enid Camerón

Walden Dissertations and Doctoral Studies

In 2004, Puerto Rico's new environmental legislation became part of the penal code with the intention of protecting the island nation's natural resources through criminal prosecution. However, the problem is a dearth of information about the prosecutions of environmental crimes and the law enforcement agent's implementation practices. The purpose of this study was to describe the execution of the law and the few cases prosecuted. Lipsky and Hull and Hjern's theory of implementation were used to help answer the research question: What are the implementation procedures of law enforcement agents on Puerto Rico's environmental crimes law, and what can be …

An Enhanced Water Bank For Colorado, Anne J. Castle, Lawrence J. Macdonnell

Books, Reports, and Studies

23 pages.

Introduction and rationale -- Background on Colorado water law -- The initial Colorado water bank -- Water banks in other western states -- An enhanced water bank framework for Colorado -- Overcoming municipal preference for permanent acquisition -- Existing authority and new authority needed -- Conclusion and recommendation -- Attachment: Provisions for consideration in water bank operating guidelines.