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Full-Text Articles in Law

Consensus’S Consolidation Conundrum, James J. Bernstein Jun 2023

Consensus’S Consolidation Conundrum, James J. Bernstein

Washington Journal of Law, Technology & Arts

In Part I, this piece will highlight the history, basis, and justifications for blockchain systems over the present version of the internet. This section helps to frame where consensus mechanisms may undermine Web3’s core premise. Part II will describe the fundamentals of consensus mechanisms. Thereafter, in Part III this piece will demonstrate the pitfalls of each system - and why proof of stake is not necessarily better at fighting off some of the risks associated with consensus mechanisms. Finally, in Part IV this article offers an architectural solution: introducing a series of new protocols which would increase the cost of …


“Tiktok Told Me I Have Adhd”: Regulatory Outlook For The Telehealth Revolution, Kaitlin Campanini Jun 2023

“Tiktok Told Me I Have Adhd”: Regulatory Outlook For The Telehealth Revolution, Kaitlin Campanini

Washington Journal of Law, Technology & Arts

Telehealth’s expansion during the COVID-19 pandemic has drastically changed the approach to healthcare in the United States. This is particularly true in the behavioral health sector where several behavioral telehealth companies have emerged to treat Attention-Deficit/Hyperactivity Disorder (“ADHD”). These companies utilize a direct-to-consumer (“DTC”) model with a virtual platform that connects subscribing patients to medical providers who can treat them for ADHD. Although this telemedicine model emphasizes convenience and efficiency, the reality is that those benefits come at the cost of patient care. The federal regulations promulgated in the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 to curtail …


Session 5: Banking, Capital Markets, And The Crypto Revolution - A Look Back And Projection Of The Future Of Fintech, Joseph R. Cutler, Lawrence Kaplan, Youssef Sneifer, Jill Williamson Jun 2023

Session 5: Banking, Capital Markets, And The Crypto Revolution - A Look Back And Projection Of The Future Of Fintech, Joseph R. Cutler, Lawrence Kaplan, Youssef Sneifer, Jill Williamson

SITIE Symposiums

In Session Five of the SITIE 2023 Symposium: Enabling Innovation in Law and Society, Joseph M. Vincent moderated as the four panelists, Joseph R. Cutler, Lawrence Kaplan, Youssef Sneifer, and Jill Williamson, discussed banking, capital markets, and the crypto revolution by looking back and projecting the future of the financial technology (FinTech) industry. The discussion commenced with a conversation on banking deposits, then moved into a discussion on cryptocurrency companies and the challenges they have faced in recent years in the banking industry. The panelists further discussed artificial intelligence (AI) technology’s impact on FinTech, open banking, and challenges facing cryptocurrency …


Session 4: Fireside Virtual Chat With Bruce Jackson, Associate General Counsel, Microsoft, Bruce Jackson Jun 2023

Session 4: Fireside Virtual Chat With Bruce Jackson, Associate General Counsel, Microsoft, Bruce Jackson

SITIE Symposiums

Rhymes all have in common? Besides musical talent, they have all been represented by Bruce Jackson, one of the founding partners of the entertainment law firm, Jackson, Brown, Powell, and St. George. Jackson, a Brooklynite and longtime Microsoft attorney, is a force in the legal industry. Jackson started at Microsoft in the year 2000 as Corporate Counsel for the digital media division. Jackson now serves as Associate General Counsel and Managing Director for Strategic Partnerships out of the Office of the President for Microsoft. Jackson recently published his first book, Never Far From Home: My Journey from Brooklyn to Hip …


Session 3: Diversity Enhancing Intellectual Property, Jordi Goodman, Nina Srejovic Jun 2023

Session 3: Diversity Enhancing Intellectual Property, Jordi Goodman, Nina Srejovic

SITIE Symposiums

The field of intellectual property suffers from a lack of diversity. Women are underrepresented as credited inventors in the United States. Additionally, multi-gender inventor groups are underrepresented compared to all-male and, sometimes, even all-female groups. This representation has changed over time, with changes not always reflecting an increase in female representation. This is particularly true when studying gender-disparity as it exists in the field of computer programming and software patents. While women were well represented in computer programming at field’s inception, this changed after World War II because men lobbied to push women out of the field. Women have since …


Session 2: Diversity As Key To Innovation - Stem Education, Richard Tapia Jun 2023

Session 2: Diversity As Key To Innovation - Stem Education, Richard Tapia

SITIE Symposiums

Richard A. Tapia is a professor at Rice University, where he has taught since 1970. Tapi specializes in optimization theory and numerical analysis. It has been his lifelong work to help underrepresented minorities achieve academic success and success in life.

In this talk, Tapia emphasizes the importance of diversity in STEM fields and highlights the failures of the education system in supporting underrepresented minorities. Tapia opines that more efforts need to be made to bring domestic underrepresented minorities into STEM positions and to recognize the value they bring. Tapia believes that, to address the lack of minority representation in STEM …


Session 1b: Innovation In Legal Contracts And Deals - How Lexion Is Incorporating Ai Into Document Revision, Lexion Jun 2023

Session 1b: Innovation In Legal Contracts And Deals - How Lexion Is Incorporating Ai Into Document Revision, Lexion

SITIE Symposiums

Here, Gaurav Oberoi (CEO and Founder, Lexion) & Jessica Nguyen (Chief Legal Officer, Lexion) discuss Lexion and how it will change the legal industry. Lexion seeks to revolutionize how companies manage the contracts that they use. It has begun to corner a particular market in the rapidly growing field of Artificial Intelligence (AI), helping in-house attorneys to improve their workflow by automatically analyzing documents. By using AI, the program can successfully remove what the CEO of Lexion refers to as “low value” work. This allows overworked in-house attorneys to not only do more work in a faster time frame, but …


Session 1a: Innovation In The Delivery Of Legal Services And Access To Justice, Vikktoria Jun 2023

Session 1a: Innovation In The Delivery Of Legal Services And Access To Justice, Vikktoria

SITIE Symposiums

In session one, Walid Romaya and Tabrez Ebrahim, co-founders of Vikktoria, discuss their company and its contributions to improving access to justice. With a dual focus on achieving a broader access to justice and in providing matchmaking services for legal professionals looking for a larger client base, Vikktoria aims to disrupt the legal services industry through its mobile app. Based in California, Vikktoria has begun to expand to various metro areas around the country and hopes to provide broader access to justice by giving those with little to no legal knowledge an easy way to find a local attorney, book …


Introduction, Steven Bender Jun 2023

Introduction, Steven Bender

SITIE Symposiums

No abstract provided.


Cardozo Law News Brief: June 9, 2023, Benjamin N. Cardozo School Of Law Jun 2023

Cardozo Law News Brief: June 9, 2023, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2023

Featured Faculty:

  • Dmytro Vovk
  • Kate Shaw
  • Matthew Wansley
  • Samuel Weinstein
  • Emmanuel Arnaud
  • Rebecca Ingber
  • Kate Levine
  • Michel Rosenfeld
  • Anthony Sebok

Campus News:

  • Cardozo Celebrates the Class of 2023
  • The Class of 2023’s Achievements Celebrated at Pre-Commencement Awards Ceremony
  • Nargis Baran Flees Afghanistan and Starts a New Chapter at Cardozo


Maurer School Of Law Hosting Icleo Summer Institute Through July, James Owsley Boyd Jun 2023

Maurer School Of Law Hosting Icleo Summer Institute Through July, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

No abstract provided.


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 Jun 2023

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 Jun 2023

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 Jun 2023

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 Jun 2023

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. Jun 2023

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. Jun 2023

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. Jun 2023

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. Jun 2023

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. Jun 2023

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 Jun 2023

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 Jun 2023

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 Jun 2023

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 Jun 2023

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


Nargis Baran Flees Afghanistan And Starts A New Chapter At Cardozo, Benjamin N. Cardozo School Of Law Jun 2023

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 Impact Of Juvenile Transfer Laws, Kerina Lynn Ibarra Jun 2023

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 …


The Tax And Zakat Appeal System In The Kingdom Of Saudi Arabia: An Overview, Ahmed A Altawyan Jun 2023

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. Jun 2023

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. Jun 2023

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. Jun 2023

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 …