Law Commons^™

The Two Title Ixs, Emily Suski

Faculty Publications

No abstract provided.

Who Watches The Watchmen? Using The Law Governing Lawyers To Identify The Applicant Duty Gap And Hold Bar Examiner Gatekeepers Accountable, Ashley M. London

Law Faculty Publications

The legal profession holds lawyers to high standards in their personal and professional lives and expects aspiring members to follow the ethical rules with scrupulous precision and candor. Yet the profession, and those monitoring admission to the profession, afford no protections or recourse to this class of young professionals during that critical period between graduation and successful bar passage.

Without reform, this previously unacknowledged duty gap will continue to demoralize and potentially harm future lawyers and reflect negatively on the profession as a whole. Supervising bodies, discussed within, treat applicants as if they have already committed an ethical breach. Indeed, …

Law No. 107-12 And Loans To Purchasers, Hicham Lakhssassi

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This article examines the effects of Law No. 107-12 governing the sale of property under construction (off-plan sale – VEFA) on the bank financing of purchasers. It highlights the difficulties arising from the absence of an immediate transfer of ownership, which prevents the creation of a traditional mortgage and weakens the granting of real estate loans. After analyzing the role of completion guarantees and refund guarantees for advances, the study explores the possibility of securing credit through set-off (compensation), while emphasizing the limitations of this mechanism in relation to third-party rights. The article then demonstrates the inadequacy of certain legal …

The Legality Of Issuing Cryptocurrencies And Trading Them In Accordance With Sharia And Legal Regulations, Omar Anjoum

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This study examines the legitimacy of issuing and dealing in cryptocurrencies in light of Shariah and legal regulations, within the context of the rapid transformations experienced by the financial sector as a result of technological development and the widespread use of blockchain and encryption technologies. It is based on a central research question concerning whether cryptocurrencies can be regarded as money in the economic and legal sense, or rather as digital assets of a special nature, and the legal consequences this classification entails for their regulation and circulation. The study adopts a descriptive, analytical, and comparative approach to clarify the …

Economic Dismissal Within The Framework Of Collective (Insolvency) Proceedings, Mounia Cheblaoui

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This article analyses economic dismissal in the context of collective insolvency proceedings in light of the Covid-19 health crisis, which severely affected employment and created tension between employee protection and the need to safeguard businesses. It emphasizes that the opening of collective proceedings does not, in itself, constitute a sufficient ground for economic dismissal, as the guiding principle remains the continuation of business activity and the preservation of employment, particularly during the observation period. However, where the survival of the company so requires, dismissals may be authorized under judicial supervision. The study highlights the practical difficulties arising from the combined …

Some Aspects Of The Retreat From The Punitive Nature In Light Of Law 17-95, Khdouj Falah

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This article examines key manifestations of the retreat from a punitive (criminally repressive) approach in the field of Moroccan public limited companies (sociétés anonymes) under Law No. 17-95, as amended by Law No. 20-05. It builds on the critical debate surrounding the inflation of corporate offences and the harshness of sanctions contained in the penal section of the Companies Act, and the potentially counterproductive effects of excessive criminalization on entrepreneurial initiative, investment incentives, and economic development. The study adopts the premise that a rational corporate criminal policy should avoid both over-criminalization and under-enforcement and should instead pursue a balanced approach …

A Reading Of Article 523 Of The Penal Code In Light Of Company Law, Mohamed Jaouhar

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This article examines Article 523 of the Moroccan Penal Code in light of company law, clarifying its scope of application in cases involving the fraudulent disposal of common property or share capital. It shows that the notion of common property mainly applies in the absence of legal personality, particularly during the incorporation and liquidation phases of companies, as well as in certain specific structures such as partnerships in participation, de facto companies, and associations. Once a company is registered, fraudulent disposal concerns the share capital and primarily targets corporate officers, in conjunction with specific offences under company law, notably the …

The Fate Of Restrictive Competition Practices In Morocco, Maissae Bousaouf

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This article offers a critical analysis of Moroccan law on restrictive competition practices, highlighting its insufficient adaptation to the economic and competitive developments of the distribution sector. The author shows that this regime, largely inherited from a system of administrative price control, remains grounded in a penal approach and per se prohibitions of certain practices, whereas comparative law—particularly French law—has evolved toward more flexible and economically oriented mechanisms. The study also emphasizes the confusion surrounding the objectives of certain prohibitions, which appear to be driven more by fiscal, sanitary, or economic police considerations than by the effective protection of competition, …

Abandonment In Marine Insurance, Farouk Zerhouni

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This article examines abandonment in marine insurance, an exceptional legal mechanism allowing the insured, in cases of major marine casualties, to obtain payment of the full insured amount as in a total loss, in exchange for the transfer of rights over the insured property (ship or cargo) to the insurer. Unlike the ordinary adjustment of average, under which the insured retains ownership of the damaged property, abandonment constitutes a facultative option strictly governed by statutory provisions and insurance policies. The study analyses the conditions for exercising abandonment, including procedural requirements, time limits, and disclosure obligations, as well as substantive conditions …

Legal Effects Of The Employee’S Non-Compliance With A Non-Compete Clause, Karima Karroumy

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

Unlike its very limited scope in Moroccan practice, the non-compete clause is becoming increasingly important today, with the aim of protecting the company from any threat likely to undermine it. Thus, once the employment contract has lawfully come to an end, the employee regains full freedom and may, in particular, enter the service of a new company carrying out a similar activity. The non-compete clause introduces a significant restriction on this fundamental principle of freedom to work. In the company’s obvious interest—and in light of the technical know-how, trade secrets, or customer relationships that the employee is likely to acquire …

The Trade Name In Moroccan Law, Loubna Nouri

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

The legislative momentum that has characterized the legal texts applicable to intangible assets has raised a fundamental question regarding the completeness and effectiveness of this regulatory framework. The legal framework governing the trade name is attracting particular attention, as it is increasingly moving away from its traditional role as a merely optional element of the business goodwill to become an autonomous, predominant, and ever-present component of corporate life. This article aims to provide an overview of the rules governing the trade name, while assessing their scope and effectiveness.

Cooperative Financing As An Additional Mechanism For Project Funding: A Reading Of Law 15-18, Mouna Al Massloumi

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This article examines crowdfunding as a modern and complementary mechanism for financing projects in Morocco, introduced by the legislator to address the limitations of traditional financing and the difficulties of accessing bank credit. Through an analysis of Law No. 15.18, the article clarifies the concept of crowdfunding based on raising funds from the public via digital platforms and identifies its main stakeholders: the project holder, the contributor, the crowdfunding company, and the account-holding institution. It also outlines the scope of application in terms of the types of operations (investment, lending, donation), the conditions for presenting projects, and the exclusive allocation …

Personal Securities In Moroccan Law: How Attractive Are They?, Meriem Benis

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This article examines the attractiveness of personal securities in Moroccan law and highlights the declining effectiveness of suretyship, the only personal security expressly codified in the Moroccan Code of Obligations and Contracts. The author shows that its accessory nature, reinforced in practice and in the context of collective insolvency proceedings, weakens its effectiveness for creditors and may discourage economic actors from relying on this mechanism. The study then places in perspective non-accessory guarantees (such as the autonomous guarantee and the letter of intent), which are recognized and regulated under French law but lack explicit statutory recognition in Morocco. These instruments …

A Reading Of The Rights Of The Moroccan Prisoner In Light Of National Law And The Standard Minimum Rules For The Treatment Of Prisoners, Samira Aqrorou

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This article examines the evolution of penal thought from a logic of punishment and retribution to one centered on rehabilitation and social reintegration, emphasizing the need to strike a balance between the State’s right to punish and prisoners’ rights. It briefly reviews the main prison systems (collective, individual/Pennsylvanian, Auburn, and progressive), highlighting the progressive system as the most conducive to rehabilitation objectives. The article then focuses on prisoners’ rights under Moroccan Law No. 23.98 and the United Nations Standard Minimum Rules for the Treatment of Prisoners, including human dignity and the prohibition of torture, non-discrimination, prison records, classification of inmates, …

The Simplified Joint-Stock Company In Light Of Law 19-20 Amending And Supplementing Law 17-95 And Law 5-96, Nadia Azddou

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

Despite the many advantages of the public limited company (Société anonyme), it must be acknowledged that it also has certain drawbacks, notably a rigid and burdensome governance structure due to the large number of management bodies, as well as the mandatory appointment of at least one statutory auditor. To address these issues, the legislator also introduced the simplified public limited company (Société anonyme simplifiée) under Title XV of Law 17-95. However, this legal form itself had several limitations, in particular the requirement to fully pay up the entire share capital at the time the articles of association of the simplified …

Liabilities Arising From The Termination Of The Employment Relationship, Imane Hilani

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

The topic of “liabilities arising from the termination of the employment relationship” is of crucial importance in light of the Court of Cassation’s erroneous interpretation of the provisions of Article 62 of the Labour Code. The current state of liabilities in the context of termination opens the door to extensive debate regarding a relationship that remains far removed from legal logic. The aim is to remedy the absurd situation prevailing in judicial practice by proposing corrective approaches, drawing on certain special provisions contained in the Labour Code, the Code of Obligations and Contracts, and even texts relating to punitive (criminal) …

Reflections On Law No. 31.18 Concerning Civil Real Estate Companies, Sabah Benkaddour

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This article provides an analysis of Moroccan Law No. 31.18 on civil real estate companies. It focuses on legal personality and the role of registration and publicity, and examines whether the change-of-legal-form mechanism can apply to such companies, along with its practical and legal implications.

Competition Between Sharia And Statutory Law: A Comparative Perspective On Market Competition, Azzeddine Benseghir

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This paper examines the concept of competition through four complementary lenses: (1) its socio-economic meaning, (2) the main ethical and legal safeguards established by Islamic Sharia to ensure fairness in the market, (3) the evolution of competition rules in Moroccan positive law, and (4) possible avenues to reconcile Sharia-based ethical foundations with modern legal regulation. The analysis highlights that effective competition requires both institutional oversight and self-regulation grounded in integrity, transparency and the protection of legitimate market actors.

Contractual Balance And The Theory Of Unforeseen Circumstances (Hardship), Aboubakr Mouhim

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This article examines contractual balance and the doctrine of unforeseen circumstances (hardship), showing how exceptional and unpredictable events may disrupt the equilibrium of contractual obligations. It outlines the conditions for invoking hardship and discusses the main remedies—renegotiation, judicial adaptation, or termination—highlighting their impact on legal certainty and contractual justice.

Business Law And Money Laundering: A Reading Of The Background And Developments Of Law 12.18, Mohamed Jaouhar

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This article explores the nexus between business law and money laundering in the Moroccan context. It shows how financial crime penetrates economic transactions and corporate activity, and explains the international response through anti‑money laundering standards and cooperation mechanisms. The paper then traces the evolution of Moroccan legislation under the influence of Financial Action Task Force (FATF) recommendations and highlights the main contributions of Law 12.18, including preventive obligations, reporting duties, and stronger institutional coordination. Finally, it argues for a more coherent legal framework and a compliance‑oriented culture among economic actors to enhance detection, prevention, and deterrence.

The Binding Nature Of The Promise To Contract Under The Law On Credit Institutions And Similar Bodies, Jawad Mourid

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This article examines the binding nature of the promise to contract in banking transactions, within the legal framework governing credit institutions and similar bodies. It discusses the conditions for enforceability, the legal effects of the promise, and the limits of liability and compensation in case of breach, with attention to customer protection.

The Court Of First Instance In Light Of Recent Developments In The Moroccan Judicial Organization, Hasna Rahmouni

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This article examines the position of the Moroccan Courts of First Instance within the recent reforms of judicial organization, focusing on Draft Law No. 38-15 and the legal consequences of the Constitutional Court’s review. It analyses the changes affecting the courts’ composition, organization and jurisdiction, and assesses to what extent the reform objectives—simplicity, proximity and efficiency—are reflected in the proposed framework. The article highlights key strengths of the draft and areas that still require clarification and effective implementation in practice.

Financial Sanctions Under The Moroccan Corporate Insolvency Regime, Najat El Hafdi

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This article examines financial sanctions provided under Book V of the Moroccan Commercial Code on business difficulties (corporate insolvency). These sanctions constitute a deterrent mechanism intended to protect economic public order, secure business continuity, and curb misconduct arising from poor management. The study reviews the main forms of financial sanctions—particularly holding directors personally liable, in whole or in part, for corporate liabilities when a management fault contributed to a deficit in assets—as well as extending insolvency proceedings to managers in specific situations. It also discusses the substantive and procedural requirements for their application, the roles of the court and the …

Judicial Ethics And Identity, Charles Gardner Geyh

Articles by Maurer Faculty

This Article seeks to untangle a cluster of controversies and conundrums at the epicenter of the judiciary’s role in American government, where a judge’s identity as a person and role as a judge intersect. Part I synthesizes the traditional ethics schema, which proceeds from the premise that good judges decide cases on the basis of facts and law, unsullied by the extralegal influences of identity that make judges who they are as human beings. Part II discusses the empirical evidence, and the extent to which identity influences judicial decision- making in ways that contradict tenets of the traditional schema. Part …

2023 Annual Report, Children's Advocacy Institute, University Of San Diego School Of Law

CAI Annual Reports

No abstract provided.

Reconceptualizing Open Access To Theses And Dissertations, Orit Fischman Afori, Dalit Ken-Dror Feldman

Joint PIJIP/TLS Research Paper Series

Theses and dissertations (TD) are academic research projects that are conducted by graduate students to acquire a high academic degree, such as a PhD. The perception of the written TD has evolved over the years, following changes concerning the purpose of advanced academic studies. Today, these academic fruits should meet a high standard of academic innovation, which is understood broadly as encompassing not only knowledge concerning basic science but also the knowledge that generates social and economic value for society.

The modern perception of TD has generated a call for their greater accessibility, as part of the Open Science movement. …

Content Governance In The Shadows: How Telcos & Other Internet Infrastructure Companies "Moderate" Online Content, Prem M. Trivedi

Joint PIJIP/TLS Research Paper Series

No abstract provided.

The Right To A Healthy Environment And The Global South, Carmen G. Gonzalez

Faculty Publications & Other Works

This essay explores the implications of the right to a healthy environment for the long-standing criticisms of international human rights law as a project and product of the Global North. It examines the Southern origins of the right to a healthy environment and its interpretations in regional human rights tribunals. The essay analyzes the responses offered by this evolving jurisprudence to various objections to human rights-based approaches to environmental protection. These include the human rights-based framework’s individualism, anthropocentrism, failure to address transboundary harm, and failure to challenge the economic law instruments that perpetuate environmental degradation.

Beyond Color-Blind International Economic Law, James T. Gathii

Faculty Publications & Other Works

This essay makes three claims. First, that the central role of race in international economic law has been erased and much more needs to be done to recover its large footprints in the discipline as well as in the policies and practices that constitute it. Second, that rules of international economic law formally embed racially constructed hierarchies, such as those that subordinate the status of former and current colonies. Further, that this subordination is not merely of the former and current colonies, but also of large swaths of Black and Brown peoples around the world. Third, that international economic law …

Black Charity: Rethinking The Subsidy Of Black Charitable Donations, Samuel D. Brunson

Faculty Publications & Other Works

No abstract provided.