Law Commons^™

Appeal No.1023: Genesis Resources, Llc & National American Insurance Co. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2022-319 Gant Florence/ Ohio Power Co. 17-69

David Freestone And Janet Freestone Plaintiffs/ Appellants V. Corey Walton And Heather N. Walton Defendants/ Appellees : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

APPEAL FROM THE SECOND JUDICIAL DISTRICT COURT IN AND FOR WEBER COUNTY, STATE OF UTAH, FROM AN ORDER WHICH GRANTED SUMMARY JUDGMENT IN FAVOR OF THE DEFENDANTS/APPELLEES, BEFORE THE HONORABLE JOSEPH BEAN

Russell A. Cline, Attorneys for Appellees/Defendants

Brett D. Cragun, Attorneys for Appellants/Plaintiffs

Title Ix On The Hill, Riley Peck

College Honors Program

This thesis seeks to answer the question, “What does Title IX mean at the College of the Holy Cross?” It considers and triangulates the words and experiences of students, faculty members, and Office of Title IX and Equal Opportunity (Office) administrators to gauge the understandings and potential misconceptions of available resources and the College’s culture. Further, it draws upon archival analysis to situate the Office in a broader historical context of the College and also includes an auto-ethnographic component. This thesis concludes with general suggestions for the Office and the College at large to more efficiently combat sexual violence and …

The Invisibility Of The American Emigrant, Laura Snyder

DePaul Journal for Social Justice

No abstract provided.

"I Can't Breathe": A Comparison Of Racial Inequity And Police Brutality Observed In France And The United States, Jasmine Oesterling

DePaul Journal for Social Justice

No abstract provided.

Disentangling War From Masculinity: A Framework For Combatting Sexual Violence In Conflict, Taren E. Wellman, Amanda F. Metcalfe, Madisen R. Campbell

DePaul Journal for Social Justice

No abstract provided.

Clearing The Bar: Catharine Waugh Mcculloch And Illinois Legal Reform, Sandra L. Ryder

DePaul Journal for Social Justice

No abstract provided.

Letter To Our Readers, Mecca Wilkinson, Elle Topacio, Jay Kasperbauer, Miranda Bolin, Sabrina O'Connor, Shaundranique Perkins

DePaul Journal for Social Justice

No abstract provided.

Table Of Contents, Mecca Wilkinson

DePaul Journal for Social Justice

No abstract provided.

The Validity And Criticisms Of The Current Approach Of Human Rights Bodies Regarding The Positive Procedural Obligations Of States, Faris Kareem Al-Anaibi Dr.

UAEU Law Journal

This paper questions whether the current approach of human rights bodies with regard to the positive procedural obligations is valid according to both, the domestic legal standards of states, and the mandate given to them in the conventions. It raises important criticisms about the capability of human rights bodies to effectively fulfill their newly assumed task of ordering and supervising prosecutions and punishments in criminal matters. It seems clear that the domestic justice systems of states bear the primary responsibility to bring violators of the right to life and other human rights to justice and action by human rights bodies …

Titrisation Et «Sukukisation» En Droit Tunisien, Nizar Hamrouni Dr.

UAEU Law Journal

Banks and financial institutions sometimes have to invest the debts they owe to others because they need money by transferring them to others through many means, the most important of which is securitization, which is the transfer of debts to a mutual debt fund in exchange for tradable securities in the market. However, securitization in this commercial form led to the transfer of debt-related risks to the financial market, which actually caused the global financial crisis of 2008.

Therefore, sukuk represents the Islamic alternative to securitization in terms of its subjection to Islamic controls, the most important of which is …

Jordanian Constitutional Judiciary’S Oversight Of Discretionary Powers Exercised By Legislator When Regulating Constitutional Rights And Freedoms: A Comparative Study, Dr. Shatha A. Al-Assaf

UAEU Law Journal

When regulating constitutional rights and freedoms, the legislator exercises discretion by choosing between the available alternatives to establish legal regulations that enable exercising and protecting them. While doing so, the legislator seeks to strike a balance between rights and freedoms, in a manner that guarantees the public interest. The constitutions have established set controls to ensure that the essence of constitutional rights and freedoms is maintained and that their fundamentals are not violated. Since the constitutional judiciary maintains the provisions of the constitution, this research focuses on the Jordanian constitutional judiciary’s oversight of the discretionary powers exercised by the legislator …

The Civil Liability Of Credit Rating Agencies Between Reality And Aspiration: A Comparative Analytical Study Of The European And American Legislations, Dr. Ahmed Qasim Farah

UAEU Law Journal

creditworthiness of Countries and companies that issue debt instruments. These ratings enable the investors to assess the level of risk of default of payment by the issuers or to evaluate the risks associated to a specific financial instrument. Thus, they play a vital role in the global economy, and they are the first entities to be accused when a financial crisis strikes. The importance of their role prompted the European and American legislators to take the initiative to regulate their activities in the wake of the global financial crisis of 2008. However, the efficiency of the applied legislations in establishing …

The Legal Nature Of Cyberbullying: A Comparative Study Between The American And The Jordanian Laws, Alaeldin Mansour Maghaireh Dr.

UAEU Law Journal

The research is aimed to highlight the emerging phenomenon of cyberbullying in Jordan by analysing some of the main legal aspects of cyberbullying and relevant laws. It analysed whether the nature of the phenomenon constitutes a crime, and therefore, must be explicitly stated in the relevant laws, or it is only a bad social phenomenon that can be addressed within the school environment, and therefore no need for legislative provisions to prohibit it. The research showed the gravity of the psychological and physical effects of cyberbullying and its diversity forms and methods. Also, it underscored the paucity of the legal …

International Judicial Cooperation To Combat Money Laundering According To The Palestinian And The Uae Legislation: A Comparative Study, Abrar Ibrahim Assi Mss., Mustafa Abdelbaqi Dr

UAEU Law Journal

This study sheds light on the mechanisms of international judicial cooperation, and the most prominent challenges that impede international action in combating the crime of money laundering, which prevent the effective realization of combating this crime in Palestine and the United Arab Emirates as required. The study was divided into two sections, the first deals with the nature of international judicial cooperation, and the second deals with the mechanisms of international judicial cooperation and the most prominent obstacles in Palestine and the United Arab Emirates.

The study reached a number of results, the most important of which is the absence …

Land Classifications In The Uae Law: An Original Analytical Study, Zaid M. Agaileh Prof.

UAEU Law Journal

Allah, the Most High, has appointed man in the earth to populate and exploit it and extract from its interior wealth and overwhelming bounties, as the Almighty has subjugated it to be at his service, easy to walk on and build on, and He made it a shelter, a place of work, a source of livelihood and food. Hence, countries seek to enact legislations that regulate the mechanism of land ownership, define its classifications, control its restrictions, and regulate its uses, with the aim of limiting disputes that may arise in this concern. The United Arab Emirates was not immune …

The Fine For The Crime Of Issuing A Cheque Without A Balance Between The Ordinary And The Relative In The Algerian Legislation, Bassim Chihab Prof.

UAEU Law Journal

The fine stipulated in Article 374 of the Algerian Penal Code took a special place in both the judiciary and legal jurisprudence, as the legislator made it specific to the value of the cheque or the decrease in the balance. The judiciary described it as a mandatory complementary punishment, and this resulted in important consequences, as it is not valid to rule on it alone, reprieve or reduce it. In view of the developments in the punitive policy, the Algerian judiciary, represented by the Supreme Court, considered this fine as an original penalty, and everything related to this description was …

Democracy, Discourse, And The Artificially Intelligent Corporation, Michael R. Siebecker

Sturm College of Law: Faculty Scholarship

Does the ascendance of the artificially intelligent corporation threaten the integrity and legitimacy of democracy? The question seems particularly important as the 2024 presidential election approaches. Hardly a day passes without a new report regarding the disruptive impact of harnessing artificial intelligence (“AI”) technologies. A cascading cadre of academics, business leaders, and politicians warn that unchecked development and dissemination of AI could irreparably damage vital institutions of civil society. Despite the warnings about existential threats AI poses to human agency and democratic processes, reliance on AI technologies proliferates at break-neck speed.

The concern about AI’s destructive impact gets exacerbated by …

Conscience Clauses And Institutional Policies: Applicability Of Employment Law And Medical Ethics, Mark A. Rothstein

The Journal of Contemporary Legal Issues

This article explores the possibility of using employment law-based tort actions for wrongful discharge to permit healthcare professionals to invoke a positive right to provide medically appropriate, institutionally prohibited care. Although the scope and implications of conscience clauses and policies are extremely broad, the article focuses on the role of physicians in the provision of abortion-related services, which raises the central issues in their sharpest and most controversial context.

Part II of the article considers legislative and institutional policies on conscience clauses and some of the scenarios in which they arise. Part III reviews federal legislation and regulations on conscience …

Conscience Or Disobedience? Comments On Dov Fox, “The Lopsided Law Of Medical Conscience”, Samuel C. Rickless

The Journal of Contemporary Legal Issues

I am grateful to have been asked to comment on Dov Fox’s excellent and thought-provoking paper. Fox argues that “the conscience regime that governs American healthcare is broken.” By this, he means that whereas conscientious healthcare deniers are protected in various ways by state legal systems, conscientious healthcare providers are not similarly protected. This, argues Fox, is both morally unjust and legally indefensible. Instead, he claims, we should replace our tattered and unjust conscience regime with one that vindicates most forms of conscience, whether they involve denial or provision of healthcare, for those who invoke it in good faith, though …

The Many Faces Of Conscience: A Comment On Professor Mcleod, Steven D. Smith

The Journal of Contemporary Legal Issues

Professor McLeod’s paper has two parts. The first part is about the value of conscience as a general matter. Why should we respect and try to accommodate conscience anyway? The second part is a more specific argument related to abortion: Professor McLeod argues that although the consciences of medical professionals who are committed to providing abortions and of those who are opposed to performing abortions are both valuable, the former group—that is, the abortion providers—should receive greater accommodation. It is likely that this more specific argument is of greater interest to the participants in this conference. But time is …

Valuing Conscience And The Conscientious Provision Of Abortions, Carolyn Mcleod

The Journal of Contemporary Legal Issues

In this paper, I hope to do two things. First, I want to show that we should take the ability of physicians to act on their conscience seriously, because normally something important is at stake in allowing them to do so. That’s true regardless of what their views are on abortion. There is value in allowing physicians to act conscientiously, whether that action involves the conscientious provision or conscientious refusal of abortions. I will argue that the value of acting conscientiously supports a system that regulates these two types of action symmetrically. Here, I will draw on a theory about …

The Future Of Health Care Conscience Laws Post-Dobbs, Nadia N. Sawicki

The Journal of Contemporary Legal Issues

The Supreme Court’s rejection of a constitutional right to choose abortion in Dobbs v. Jackson Women’s Health Organization has prompted legislatures to make significant changes to state laws. Some states have criminalized abortion in most circumstances, while others have granted patients and health care providers broader rights to choose and access abortion. Another, perhaps less-recognized, avenue for legislative change is by amending existing state conscience laws. This Article describes the avenues state legislatures might take in using conscience laws to impact abortion access in accordance with the state’s policy preferences.

Crisis Of Conscience In Post-Roe America, Elizabeth Sepper

The Journal of Contemporary Legal Issues

This essay proceeds in four parts. Summarizing my previous writing, Part II explains that since Roe, the law has systematically favored refusing individuals and institutions. This asymmetry was unjustified, because “[c]onscience equally may compel a doctor or nurse to deliver a controversial treatment to a patient in need.” After Dobbs v. Jackson Women’s Health Organization, the asymmetry may deepen. In restrictive states, Part III contends, the crisis of conscience for willing providers will increase, even as rights to refusal expand. Part IV identifies several possible complications for the legal framework governing conscience in medicine. It suggests that as …

Legal Uncertainty In Virtual Worlds And Digital Goods: Do The Same Laws Apply?, Alanna Sadler

University of Miami Business Law Review

The growth of virtual worlds and digital goods will force US courts to examine whether traditional laws are sufficient to protect consumers. To do so requires judges and legislative officials to possess a deep understanding of concepts that are everchanging. Many aspects of virtual worlds, such as the metaverse(s), are driven by web3 technology, the technology responsible for the NFT and cryptocurrency craze of recent years. It is impossible to ascertain the impact of virtual worlds on daily life, however, companies must nevertheless prepare for the shift toward virtual spaces and digital goods. There is greater skepticism regarding the utility …

Front Matter And Table Of Contents

University of Miami Business Law Review

No abstract provided.

Contracting For Social Change, Adam N. Eckart

University of Miami Business Law Review

Throughout history, social change has often been shaped by high profile legislation and through high-stakes litigation. But social change can also be spurred on through private contract, including through the agreements businesses and individuals make with each other every day. Transactional attorneys can promote social change through drafting techniques and choices, including narrative and storytelling techniques, and can use such drafting techniques in order to 1) write better and more complete agreements that are more consistent with business-led social activism already taking place, and 2) influence society by forcing counterparties to evolve on social issues, change industry practice, or foster …

Board Diversity Is Here To Stay: Extrajudicial Avenues, Maryann Lennon

University of Miami Business Law Review

Board diversity laws have become a focus of corporations, lawmakers, and courts across the country as constitutional challenges to the policies continue to be raised. California is one of the first states to implement statutes relating to board diversity requirements for publicly held corporations within the state. Nasdaq has followed in similar footsteps, implementing new rules that require a certain number of diverse members on boards for companies listed on the exchanges or a statement explaining a lack thereof. Supporters of the board diversity laws may want to lean on arguments made upholding affirmative action policies within the university system. …

Two Steps Too Far: New Limitations On The Use Of The Texas Two-Step To Resolve Mass Tort Liability In Bankruptcy, Samuel E. Bartz

University of Miami Business Law Review

This paper explores the mechanisms by which companies have utilized corporate restructuring through divisive mergers in conjunction with the available protections and tools of the United States Bankruptcy Code to resolve mass tort liability without placing the entirety of the business under bankruptcy. Popularized in Texas, a divisive merger is a mechanism by which an existing business entity divides itself into two new entities, allocating all pre-existing assets and liabilities to each as they see fit. Although intended to be a means by which to easily sell assets of a business, it has been more popularly used to resolve mass …

Esg Implementation In Emerging & Frontier Markets: Lessons Cultivated From Sri Lanka And Beyond, Ahmed Qaisi

University of Miami Business Law Review

Crippling debt accrued within emerging and frontier market nations forces developing governments to enact policies contrary to the well-being of their overall economies. The influence of credit rating agencies as well as organizations like the World Bank and the International Monetary Fund (“IMF”) have handcuffed governments into implementing Environmental, Social, and Governance (“ESG”) policies that are unrealistic and unfeasible and have therefore caused detrimental societal impacts. This note examines how the application of ESG policies and governmental corruption resulted in Sri Lanka’s devastating economic collapse. Also scrutinized are those countries which have taken on debt but have managed well throughout …