Law Commons^™

Junction Market Fairview, L.C., A Utah Limited Liability Company, And Bluecap Investment Group, L.C., A Utah Limited Liability Company, Plaintiffs/Appellees V. Manmohan Grewal, An Individual, And Lippa Grewal, An Individual, Defendants/Appellants : Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2021– )

APPEAL FROM ORDERS OF THE SIXTH JUDICIAL DISTRICT COURT, THE HONORABLE WALLACE A. LEE PRESIDING

Jared L. Anderson, Attorney for Defendants/Appellants

Alan L. Smith, Attorney for Plaintiffs/Appellees

Baby Girl, Elaina Rae Erola

Toyon: Multilingual Literary Magazine

none.

The Sustainability Of The International Contract Between The Notions Of: “Pacta Sunt Servanda” And “Things Thus Standing”: Reflections On The Interpretative Power Of The Arbitrator, Imed Bejeoui

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

The incidence of disruptive circumstances of the balance initially projected by the parties to an international contract may put an end to it or render it an excessively onerous load for one of the contracting parties. In that context, the role of the arbitrator is vital. The mission of the arbitrator is particularly problematic in the situation that the parties had not formally predicted for the changes probable to affect the performance of the contract in their agreement. The arbitrator will be asked to decide on the destiny of the contract confronted by execution difficulties. Supposedly, two alternatives are presented. …

The Bank Is A Guarantor To Fulfill The Use Of Electronic Cards, Dr. Karima Krim

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

There are many guarantees of using modern payment methods, especially the electronic card: whether before using it – the conditions of obtaining - or even when used. Which is mainly related to the intervention of the bank, who puts it at the disposal of its customers as a result of the relationship between them, and is obliged to guarantee the payment as a result of their use depending on the banking norms governing its dealing. Because of its commitment to independence, abstraction and irreversibility, the Bank is the best guarantor to fulfill the use of electronic cards.

Control As A Response Mechanism To The Variables Of The Constitutional Reality In The Maghreb Countries: Tunisia, Algeria And Morocco, Smaein Lebadi Dr.

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

In response to constitutional changes, and the tendency of the Maghreb countries to reinforce the rights and freedoms, constitutional monitoring has been incorporated through the exception mechanism of unconstitutionality of individuals, in the context of recent constitutional changes in the Maghreb countries: Tunisia, Algeria and Morocco.

This mechanism, which is expected to be implemented in 2019 for the first time, although it is constitutionally prescribed, but the legislative texts organizing the mare different in terms of application which revolves between openness and tightening the rules in each of these countries .The Tunisian legislator has extended the scope of monitoring with …

Aspects Of The Penal Protection On The Right Of Defense Before The Investigative And Judicial Authorities: A Comparative Study, Abdulaziz Al-Hassan Dr.

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

The right of defense in front of investigation and justice authorities is part of the right of litigation that is assured by constitutions, national laws and international treaties. It is one of the pillars of fair trial because it is an original natural right. The rights of defense are not only to the accused person but they are so for each person having the status of a litigant in front of investigation and justice authorities whether in a penal , administrative , commercial and sharia case and whether this litigant is a physical person or a moral one.

The legislator …

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

مجلة جامعة الإمارات للبحوث القانونية 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 Legal Nature Of The Virtual Currency: In-Depth Legal Insight, Ahmed Al-Majali Dr.

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

The importance of the study is that the virtual currency has recently seen a great development and unusual demand, especially since the emergence of the Bitcoin. This is due to the liberalization of the restrictions imposed by the traditional currencies, which has become a form of monetary competition, the main element that distinguishes it is its areas of use: it combats speculation in local currencies, activates commercial activities, facilitates transfers for commercial, educational and service purposes, and many more legitimate purposes. More importantly, these transactions and transfers are carried out without disclosing the identity of the persons who implement them, …

Amending The Constitution Through Judicial Interpretation: A Comparative Study, Essam Saeed Obeidi Dr.

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

The Constitution is amended in two ways: the first is official following the procedures provided for in the Constitution, and the second is an informal amendment of the Constitution without following the formal procedures provided for in the constitutional document. Among the informal methods of amending the Constitution is the judicial interpretation where the constitutional judge exploits of the generality of the constitutional texts and their ambiguity and shortcomings in order to modify their meaning while keeping the form of the word unchanged by adding new meanings or replacing the existing meaning with a new meaning , The Constitutional Judge …

Protecting The Investor In The Promotional Operations Of Financial Products: An Analytical Study Within The Framework Of The Legislation Of The Securities And Commodities Market Authority In The United Arab Emirates, Rasha Hattab Dr., Ahmed Qasim Farah Dr

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

The Decision of the Emirates Securities and Commodities Authority No. (3/R. M) of 2017 concerning the Regulation of Promotion and Introduction Activities represent an important stage in the development of the regulatory regime of promotion of financial products in the UAE. This Decision complete the previous Decision No. (9/R. M) of 2016 concerning Mutual Funds which determinates the conditions for the promotion of Foreign investment Funds. The main problematic of this study is to determine whether the legal rules governing the promotion of financial products in UAE legislation provide adequate protection to the targeted investors. Several other problematics are related …

Liability Of Third Parties In Compulsory Implementation: A Comparative Study, Dr. Yasser Bassem Al-Sabawi

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

The creditor's right to initiate compulsory enforcement procedures, in legal terms, entails an integrated executive association in terms of its elements, namely, the person, the subject and the reason, which constitutes the theory of implementation in general. Since implementation theory consists of three basic elements, implementation people, the reason for implementation, and the place of implementation. The subject of the research will be limited to the implementation persons, not all the people involved in the process of forced implementation. But only to third parties.

Since direct enforcement procedures require the intervention of several persons in the executive association, in order …

The Flow Of Power: Addressing Asymmetric Flood Risk In The Upper Valley, Eric Vr Hryniewicz

Geography Undergraduate Senior Theses

Floods are the most damaging natural disasters in America. Land use change in upland watersheds can increase the probability and severity of floods (Bronstert, Niehoff, & Burger, 2002). When watersheds are divided by political and private property boundaries it leads to a misalignment of incentives in which downstream users lack recourse for upstream land use decisions contributing to flood risk. In this thesis, researchers interrogate the attributes of town officials and towns that determine what motivates town governments to act on flooding and what motivates and enables town officials to collaborate on planning and how do they collaborate in practice. …

Jane Does H.P, Plaintiffs/ Appellants V. David H. Broadbent, M.D.; Intermountain Healthcare : Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2021– )

On appeal from the Fourth Judicial District Court, Utah County, Honorable Robert C. Lunnen, District Court No. 220400226 (Consolidated Case No. 220400634)

Terence L, Rooney, Jefferson W. Gross, J. Adam Sorenson, Attorneys for Appellants

Troy L.. Booher, Caroline A. Olsen, Taylor P. Webb, Attorneys for Appellee Intermountain Healthcare, Inc. dba Utah Valley Hospital

The Impact Of Juvenile Transfer Laws, Kerina Lynn Ibarra

Doctoral Dissertations and Projects

This study will examine the relationship between juvenile transfer laws, certified juveniles, the criminal justice system, and the potential collateral consequences juveniles face when subjected to juvenile transfer laws. To obtain a deeper understanding of the impact of juvenile transfer laws and their potential collateral consequences, a qualitative study will be conducted utilizing several methods of data collection to include interviews; observations; and textual analysis of adult 1, adult 2, and criminal justice practitioners, to include, jail administrator, corrections officer, police, probation and parole officer, prosecuting attorney, and DOC staff. In the interview process, information will be gathered to contribute …

Nargis Baran Flees Afghanistan And Starts A New Chapter At Cardozo, Benjamin N. Cardozo School Of Law

Cardozo News 2023

After a harrowing escape from her war-torn homeland, Nargis Baran, an Afghan legal professional, started a new journey this spring with help from Cardozo, Brooklyn Law School and Fordham Law School.

The Tax And Zakat Appeal System In The Kingdom Of Saudi Arabia: An Overview, Ahmed A Altawyan

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

The competent judicial authority for adjudicating tax disputes differs from state to state. Some laws allow general court’s jurisdiction to adjudicate tax disputes. Others allow administrative court’s jurisdiction over taxation and zakat disputes because one of the parties involved in most such disputes is the competent government authority vested with administrative decision-making powers for assessment and collection of taxes. Therefore, it is natural for the administrative judiciary to be vested with the adjudication of tax disputes. However, there is a different legal system in the Kingdom of Saudi Arabia (KSA) to address such disputes. This study examines the differences between …

The Guarantees Of Laborers To Terminate Work Contract For Technical And Economic Reasons Under Palestinian Law: A Comparative Study, Ibrahim Khalid Yahya Mr., Amr Ibrahim Saabneh Mr.

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

This research deals with the guarantees of the employee while the Palestinian legislator authorized the employer to terminate the labor contract for technical and economic reasons "loss". This research discusses these guarantees for the legitimate reasons have been regulated under article 41 of the Palestinian Labor Law .This research aims at clarifying the reasonable criterions For the technical reason to make a balance between the conflicting interests between the employer and the employee, as well as the adoption of the criterion of "extraordinary event" in the loss, in order to achieve a guarantee of the employee in light of the …

Legal Security Considerations In The Provisions Of The Iraqi Constitutional Court: A Comparative Study, Nather Alqaisi Dr.

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

The importance of monitoring the constitutionality of laws by establishing the foundations of the principle of legality and the protection of rights and freedoms relating to individuals, and when the constitutional judiciary exercise its function in the control of the constitutionality of laws, the provisions of the unconstitutional text of the law has been applied for a period of time and arranged the rights of individuals requires that the implementation of the provision impact Retroactive to the principle of legality, but the application of this concept to launch may lead to the absence of the principle of stability of legal …

Civil Liability Arising From Hacking E-Mail Information, Issa Ghassan Al-Rabdi Dr.

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

It is completely easy to pass and send any electronic data everywhere to the persons you want in the world in a very quick and short time, regardless the size and the data type.

This is due to the invention of electronic programs that help to save time and efforts. (the E – mail).

As a result of this electronic development in the all related fields that serve humankind, a new encounter technology and illegal use of technology has occurred and used illegally by hackers to destroy and penetrate exclusive information for specific people.

For this illegal hacking attempt requires …

An Outlook For Employing The "Initial Coin Offering" (Ico) For The Issuance Of "Islamic Smart Sukuk" Across The Blockchain, Dr. Mohiuddin Adnan Al-Hajjar

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

The Blockchain introduced new concepts related to the field of finance especially by giving birth to cryptocurrencies. This technical tool is for some a revolution in the business world, while other conservatives are careful about this new technology. Among its various applications, ICO represent an attractive solution for companies seeking capital.

The Islamic orientation of ICO can be an alternative for Islamic financing of projects and businesses to the general public, i.e. companies or individuals. Our analytical and comparative approach is to prove that:

- The issue via an ICO results in the appearance of a Token representing the co-ownership …

Preemption In Shares, Hussein Muheisen Al-Rashidi Dr.

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

The Court of Appeals was presented with a dispute concerning the recovery of shares sold. The shareholder of a simplified joint-stock company had invoked the right of preemption, which is established by the Civil Code. The Court decided (on 1/10/2017, Appeals Nos. 1704, 1783/2017, Commercial, Civil, Governmental, Unpublished) that the shareholder could return the sold shares in accordance with his right of preemption. It considered that Company Law did not regulate the restitution of shares in the joint-stock company and that it was, therefore, necessary to refer to the provisions of the Civil Code.

We think the decision of the …

Family Corporate Governance In The United Arab Emirates: Challenges And Prospects: Applied Legal Study, Omar Muhammad Al-Owais Mr., Imad Al-Din Abdel-Hai Prof.

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

This study revolves around the most prominent challenges facing the governance of family companies in the UAE, represented by the inheritance of employment, the lack of strategic planning, and the slow pace with keeping up with new digital technologies. Added to these challenges the economic instability, the changes in the structure of these companies and thus their ability to overcome these challenges throughout their life across successive generations. This succession may conduct to the termination of these companies due the different commercial and organizational visions of each generation, as each of them considers that his vision is the most suitable …

Criminal Liability For Artificial Intelligence Crimes, Yahya Ibrahim Dahshan

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

Artificial intelligence crimes are considered near future crimes If not some of them have now begun, Technological development has helped in recent years - Which accelerated in the current period - In the emergence of many of these crimes, The advanced programming of some Artificial intelligence machines has given the ability to build self-experience, Enabling them to make individual decisions in any situations they face like human beings; So we aim from this study legalization of Artificial intelligence crimes To determine the responsible for those crimes and the penalty is imposed on it; The importance of the subject lies in …

Evaluation Of The Uae Legislator's Use Of Telecommunications Technology In Civil Procedures, Mostafa El-Metwally Quandil Prof.

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

This paper examines the stance of the UAE legislator regarding the use of tele-communication technologies in civil procedures. The legislator authorized the use of electronic mail and fax in judicial notifications in the Federal Law No. (28) Of 2005 on Personal Status.

However, the UAE legislator expanded the use of telecommuting technologies in civil procedures by the Federal Law No. (10) 2017 amending certain provisions of the Code of Civil Procedure. As well as the issuance of the Council of Ministers' Resolution No. (57) of 2018 on the regulation of Civil Procedure Code, which included more details and applications of …

Response: The Constitution Has Never Recognized Us As Full Persons: Or To What Politics Are Our "Protections" Returning?, Marlon M. Bailey

ConLawNOW

This response engages with Marc Spindelman’s article, The New Intersectional and Anti-Racist LGBTQIA+ Politics: Some Thoughts on the Path Ahead, which offers a rethinking of critical precision about what is on the horizon for LGBTQ rights. The response calls for a reframing of the conversation by starting from the understanding that the Constitution, and by extension the law, is a political document and thus no realm of the Constitution or the law is impervious to politics. It then argues that instead of seeking recognition as full persons in the law and looking to a political document—the Constitution—for refuge from …

The Association Of Participation In A Summer Prelaw Training Program And First-Year Law School Students’ Grades, Heather M. Buzick, Christopher Robertson, Jessica D. Findley, Heidi Legg Burross, Matthew Charles, David M. Klieger

Journal of Educational Research and Practice

This study estimates the association of participation in a nine-week online educational program to prepare students for post-graduate (juris doctorate) education and law school grades. We collected registrar data from 17 U.S. law schools for participants and non-participants from the same year and a prior year. We compared first-semester law school grades between participating and non-participating students weighted by propensity scores. Course participation was associated with improved first-semester grades in a keyed course (Contracts Law) and overall grade point average. According to pre- and post-survey responses, a substantial portion of those who completed the program reported feeling more prepared for …

Jordanian Efforts In Combating The Crime Of Terrorism, Mohammad Salameh Alsakarna

Journal of the Association of Arab Universities for Research in Higher Education مجلة اتحاد الجامعات العربية للبحوث في التعليم العالي

The study aimed to identify the Jordanian efforts in combating the crime of terrorism by using a comprehensive analytical descriptive legal methodology. The most important results of the study were as follows: A terrorist crime is an international crime because it endangers international peace and security, even if it occurs within countries and from groups that hold its nationality. Jordan's issuance of modern law to prevent terrorism came as a result of global circumstances represented in the growing role of international efforts aimed at combating and eliminating terrorism. Most of the criminal legislation singled out special provisions for the trial …

Taking The Gavel Away From The Executive Branch: The Indeterminate Sentencing Scheme Under S.B. 201 Is Ripe For Review And Unconstitutional, Jessica Crtalic

Cleveland State Law Review

In 2019, Senate Bill 201, also known as the Reagan Tokes Act, reintroduced an indeterminate sentencing scheme in Ohio whereby sentences are assigned in the form of a range. Under this sentencing scheme, the Ohio Department of Rehabilitation and Correction, through the parole board, has discretion to retain an inmate past the presumptive release date. This fails to afford the accused their guaranteed right to a jury trial, improperly places judiciary power in the hands of the executive branch, and scrutinizes the violation of due process such that the defendant is being denied a fair hearing and notice. Not only …

Masthead, Cleveland State Law Review

Cleveland State Law Review

No abstract provided.

Copyright Statement, Cleveland State Law Review

Cleveland State Law Review

No abstract provided.