Law Commons^™

Liening On The Court: Examining Loblolly Properties, Llc V. Le Papillon Homeowner's Association, Inc. And The Future Of Lien Priority In Mississippi, Thomas C. Jones

MC Law Review

The Mississippi Supreme Court in Loblolly Properties, LLC v. Le Papillon Homeowner’s Association, Inc. held that the nonjudicial foreclosure of a deed of trust does not extinguish restrictive covenants to pay HOA fees that were filed after the recording of the deed of trust.  In doing so, the Court blatantly disregarded the fundamental understanding of lien priority in Mississippi, and also failed to explain how the policy behind lien priority would further be upheld in the future. This decision by the Supreme Court is incorrect and places Mississippi in a “super-minority” of jurisdictions on this issue.  The overwhelming majority of …

Faculty List

MC Law Review

No abstract provided.

Cover

MC Law Review

No abstract provided.

Brief Of Edward A. And Doris Zelinsky In The Appellate Division, Third Department, New York Supreme Court, Edward A. Zelinsky, Doris Zelinsky

Amicus Briefs

To combat COVID, New York in 2020 forbade an out-of-state employee like the petitioner to commute into his New York office, forcing him to instead work at his home in Connecticut. New York now takes the remarkable position that it can tax the income Governor Cuomo forced this out-of-state employee to earn at his home exclusively outside New York. That position is as wrong as it sounds.

Both as a matter of New York law and of federal constitutional law under the Due Process and dormant Commerce Clauses, New York may not tax the income the petitioner earned exclusively at …

Welcome To The Bflr’S 7th Annual Fintech Issue, Nydia Remolina Leon, Alessio Azzuri, Virginia Torrie, Francisco Jose Ciancerta

Research Collection Yong Pung How School Of Law

This issue of the Banking and Finance Law Review is published at a moment of profound transformation in the FinTech regulatory landscape. Around the world, legislators, regulators, financial institutions, and scholars face the complex task of fostering technological innovation while addressing concerns over consumer and investor protection, data privacy and cybersecurity, market integrity, the prevention of financial crime, and overall stability of the financial system. At the same time, geopolitics is increasingly influencing the direction of FinTech policy and regulation, as states leverage financial infrastructure not only to modernize domestic markets but also to assert strategic influence globally. This convergence …

Building A Restructuring Hub: Lessons From Singapore, Aurelio Gurrea-Martinez

Research Collection Yong Pung How School Of Law

This article seeks to analyze the legal, market, and institutional features needed to become an international hub for debt restructuring. To that end, it examines the strategy adopted by Singapore as well as the market and institutional factors generally found in other leading legal and financial centers such as the United States, the United Kingdom, and Hong Kong. It is argued that in jurisdictions that have traditionally had creditor-oriented insolvency systems, such as Singapore, the United Kingdom, and Hong Kong, one of the primary challenges when enhancing the restructuring framework for debtors is ensuring that the insolvency system remains protective …

Doktrin Penyalahgunaan Hak (Abus Des Droit), Syukron Salam

Jurnal Hukum & Pembangunan

The present article examines the emergence of the doctrine of abus de droit in France in the mid-twentieth century through an analysis of key judicial decisions and the debates that followed them. The study commences with an exposition of the manner in which the evolution of capitalism, concomitant with the escalating economic disparity and the propagation of societal challenges, has influenced the judicial approach to the abstract Roman-law tradition of absolute rights. In light of this, the article contends that the civil-law tradition exhibited a fundamental flaw in its conceptualisation of rights as absolute, thereby overlooking objections that were firmly …

Politik Hukum Kedudukan Wakil Presiden Dalam Badan Pengarah Percepatan Pembangunan Otonomi Khusus Papua, Maleakhi Samuel Pasalli, Yamuna Nurafifah, Pranaldo Gunawan

Jurnal Hukum & Pembangunan

The legal policy regarding the amendment of Law Number 21 of 2001 into Law Number 2 of 2021 concerning Special Autonomy for Papua marks a paradigm shift from asymmetric decentralization towards controlled autonomy or leading to the centralization of power, notably through the establishment of the Steering Committee for Acceleration of Development of Special Autonomy for Papua (BP3OKP), which is chaired directly by the Vice President. This research is motivated by juridical issues wherein the Academic Paper (Naskah Akademik) of the amendment fails to provide scientific justification regarding the urgency of establishing this special body or the involvement of the …

Preparing For “Disease X”: Lessons From Tax And Non-Tax Policy Responses To The Covid-19 Pandemic In Singapore And Australia, Vincent Ooi

Research Collection Yong Pung How School Of Law

During the Covid-19 pandemic, a lack of pre-pandemic planning resulted in sub-optimal policy outcomes. Crucial lessons can be drawn from the experience of Singapore and Australia in the pandemic in implementing various tax and non-tax economic measures; lessons that can help in preparing for the next pandemic (“Disease X”). This article analyses and critically evaluates three main categories of economic measures: direct payments, tax measures and non-tax “other” measures. It finds that direct payment measures such as jobs support had a very significant impact on preserving jobs and supporting the economy. However, eligibility conditions have to be carefully designed for …

Copyright Ownership And Duration Of Ai-Authored Works, Cheng Lim Saw

Research Collection Yong Pung How School Of Law

On the assumption that Parliament has endorsed the notion of AI authorship and the prospect that copyright may well subsist in works created autonomously by the AI itself, this essay further explores allied issues surrounding the ownership and duration of copyright in AI-authored works.

Public Defender Discretion, Alma Magaña

Articles

A focus of criminal legal system reform efforts has been the curtailment of police, prosecutorial, and judicial discretion, which has been criticized for its arbitrariness and its contribution to racial, class, and gender disparities. However, one system actor has largely escaped similar scrutiny: public defenders, who, by grant of authority from ethical rules of practice and Supreme Court jurisprudence, have significant decision-making authority in the cases of indigent persons charged with crimes.

This Article will, for the first time, explore the historical rationale for giving public defenders the power to make life-altering decisions for their clients. Specifically, it dissects the …

Did Copyright Fail Music Artists?, Rachel Landy

Articles

Music soundtracks our lives, supports over two million domestic jobs annually, and is listened to more than ever before. The record industry is thriving, having made over $17 billion in 2024. Yet, many professional artists are barely surviving. Artists signed to record deals lament royalty payments that amount to a fraction of a penny for each stream of their songs. So where is all the money going, and who, or what, is to blame? Public rhetoric and existing legislative proposals implicate copyright as a guilty party. But are those concerns justified?

This Article unpacks the music supply chain. It builds …

Impact Of The Use Of Chabot On The Development Of Digital Skills - Female Students At Hail University College Of Education, Wadha Shabib Ali Alotaibi

University of Tabuk Journal for Humanities and Social Sciences

The present study aims to identify the impact of using Chatbot on the development of digital skills among female education students at Hail University. The study used the quasi-experimental approach. The sample consisted of (50) female students who were divided into two equivalent groups: control and experimental, and the research tool was the achievement test to measure the cognitive aspect, and an observation card to measure the performance aspect. The results showed that there were statistically significant differences at the significance level (a <= 0.05) between the mean scores of the experimental and control group in the post-test application of both the achievement test to measure the cognitive aspect of digital skills, and the observation card for the performance aspect of digital skills, all differences were in favor of the students in the experimental group. The results also showed no statistically significant differences at the significance level (a <= 0.05) in the evaluation of the students of the College of Education at the University of Hail of the observation card for using the chatbot robot in developing the performance aspect of digital skills attributed to the variables: (academic level and training courses). The study recommended conducting research related to interactive chats.

The Role Of Administrative Leadership And Strategic Management In Improving The Responsiveness Of Health Systems To Pandemics: An Analysis Of The Covid-19 Pandemic Experience, Naseem Abdulghaffar Saeed Bazuhair

University of Tabuk Journal for Humanities and Social Sciences

This study aims to understand the role of strategic administrative leadership in responding to the COVID-19 pandemic, focusing on the health policies and strategic planning adopted by health systems to ensure the continuity of medical services and adapt to the rapid changes of the pandemic. The research addresses key strategies such as establishing emergency centres, coordinating between hospitals, developing standardized care and isolation protocols, and ensuring the availability of medical supplies and vaccines. It also emphasizes practices for maintaining the continuity of health services, including separating COVID-19 departments from other services, enhancing the use of digital solutions and telemedicine, and …

Research Orientations In The Field Of Curricula And Teaching Methods Of Arabic Language In Syria (Refereed Educational Journals In Universities As A Model), Saeed Saad Hadi Alqahtani, Ashwaq Abdullah Fahad Alharbi

University of Tabuk Journal for Humanities and Social Sciences

The objective of the current research is to identify the research orientations in the field of curricula and teaching methods of Arabic in refereed educational journals in universities. To do so, this study adopts a descriptive approach through the content analysis method. A sample of four refereed scientific journals issued by universities in Syria was selected and published during the period from 2019 to 2023. The number of researches comprises 45 research in curricula and teaching methods of Arabic. There are some major findings, as follows: research methods employed in research concerning curricula and teaching methods of Arabic in Syria …

The Challenges Of Implementing The School-Based Empowerment Educational Supervisory Model, Rajeh Abdullah Alshehri

University of Tabuk Journal for Humanities and Social Sciences

The study aimed to identify the level of challenges facing the implementation of the school-based empowerment educational supervisory model. The researcher employed the descriptive survey method, utilizing a questionnaire distributed to a random sample of supervisors, school principals, and teachers in Makkah region, totaling 421 participants. The questionnaire covered three main domains: administrative challenges, technical challenges, and societal challenges. The results revealed that participants rated the level of challenges to effective implementation of the new supervisory model as high across all three domains. The most prominent administrative challenges were the variation in different school environments and its expected impact on …

The Impact Of Genai-Based Training On Developing Digital Skills And Achievement Motivation: A Quasi-Experimental Study On The Design Of E-Newspapers Among College Of Media Students At Taibah University, Sahar Salem Alghanmi

University of Tabuk Journal for Humanities and Social Sciences

This study aims to reveal such impact among female students in the College of Media at Taibah University. The study approached a quasi-experimental method with a single group of (42) female undergraduate students studying in courses related to designing electronic newspapers. The study materials included a training program designed according to the ADDIE instructional design model. It also relied on two tools for data collection: the first is a pre-and-post measure aimed at measuring achievement motivation, and the second is a performance evaluation card that focused on analysing the extent to which the students mastered the previously specified skills. The …

The Impact Of An E-Training Program Based On Sustainable Professional Development On Enhancing Early Childhood Female Teachers' Confidence In Integrating Technology Into Teaching, Ensaf Nasser Abdulmohsen Al Mulhim

University of Tabuk Journal for Humanities and Social Sciences

The study aimed to examine the impact of an e-training program based on sustainable development in enhancing early childhood teachers' confidence in integrating technology into teaching. The sample consisted of (30) teachers enrolled in the Master of Early Childhood program at King Faisal University. A quasi-experimental design with pre-post testing was employed, using the "Technology Integration Confidence" scale, and data were analyzed with a t-test. The results demonstrated the effectiveness of the sustainable development-based e-training program in boosting teachers' confidence in technology integration. Thus, this study provides practical evidence for professional development designers on the importance of incorporating sustainability-based e-training …

Scoring Accuracy And Differential Rater Functioning Of Large Language Models (Llms) In Evaluating Short Student Essays Under Different Conditions: A Simulation Study, Majed Mahmoud Ajoudeh

University of Tabuk Journal for Humanities and Social Sciences

This study aimed to evaluate the accuracy and differential rater functioning (DRF) of LLMs in scoring short essays, based on synthetically generated data of 270 essays with varying quality. The LLMs scored the essays under three prompting conditions: without a rubric, with a brief rubric, and with a detailed rubric. Human benchmark ratings were also generated in comparison with the automated scores. The results showed that using detailed rubric improved accuracy and consistency with human raters. Regression analysis further revealed differential rater functioning: the LLMs were more likely to award higher scores to longer essays, favored indirect writing styles, and …

Advocacy At The Front Door, Tenisha S. Hill

Capstone Projects and Master's Theses

This capstone project examines how integrating social work practices into the jail intake process can strengthen support for clients represented by the Public Defender’s Office. The project focuses on understanding the challenges clients face at the earliest point of contact often marked by trauma, instability, and limited access to services and how a social-work-informed approach can improve outcomes. Through direct observation, interviews with staff, and review of intake procedures, the project identifies key gaps in assessment, communication, and referrals. Findings highlight the need for more holistic intake practices that address clients’ social, mental health, and resource needs alongside their legal …

Signaling Through National Security Lawmaking, Weijia Rao

Faculty Scholarship

An often-overlooked element of the ongoing TikTok saga is China’s export control law, which prohibits the sale of TikTok’s core content recommendation algorithm without prior approval from the Chinese government. This law is just one example of the extensive national security lawmaking China has undertaken in recent years. Closely paralleling similar institutions in the U.S., China has established a comprehensive national security legal framework that authorizes the government to restrict exports, sanction foreign entities, screen foreign investments, and block transactions involving cyber infrastructure.

Why turn towards legality when China has the ability to employ these actions without a formal legal …

Quasi-Judicial: A History And Tradition, Beau J. Baumann, Jed Handelsman Shugerman

Faculty Scholarship

In challenging the historical assumptions underlying the unitary executive theory, scholars have made several seemingly unrelated discoveries. First, "judicial" power was conceived in English law as a subset of "executive" authority. Second, Congress at or near the Founding insulated certain court-like comissions from presidential control. Finally, the "quasi-judicial" and "quasi-legislative" powers that were central to the holding of Humphrey's Executor flowed from a forgotten nineteenth-century legal tradition was guiding Congress's construction of the modern state. This Essay connects these findings into a single claim: generations of American stretching back past the Founding have instinctively insulated administrators granted quasi-judicial functions from …

Presidential Removal As Article I, Not Article Ii, Gary Lawson, Jed Handelsman Shugerman

Faculty Scholarship

As a matter of original public meaning, Article I’s Necessary and Proper clause is the starting point for both Congress’s power to create offices and the limits on that power.

We believe that many legal scholars have demonstrated that, as a matter of original public meaning, the term “executive power” did not imply a presidential removal power, and Article II did not imply an indefeasible (unconditional) presidential removal power. By contrast, Article I’s Necessary and Proper Clause is a basis for limiting congressional power that is more historically grounded in original public meaning and in early practice. Tenure protections and …

Genocidal Accusation, Steven Arrigg Koh

Faculty Scholarship

To accuse of genocide — what does it mean? Genocidal accusation is ubiquitous today, evident more in the public square than in any courtroom. At first glance, such accusation seemingly relies on a central assumption: genocidal accusation is critical to preventing atrocity. This Article argues that this widespread assumption is incomplete, obscuring genocidal accusation’s dual nature. In fact, genocidal accusation encompasses not only laudable atrocity prevention (for example, the Rwandan genocide), but also problematic punitive, carceral discourse that brands the “other” as morally polluted (such as President Putin’s Ukraine invasion). It is thus challenging to evaluate such accusation in the …

Constitutional Obiter Dicta On Male-Male Sex And Fundamental Rights In Singapore, Benjamin Joshua Ong

Research Collection Yong Pung How School Of Law

The Singapore Court of Appeal held a law prohibiting male–male sexual intercourse (s 377A of the Penal Code) unenforceable on non-rights-based grounds. The court's remarks about the rights to life and liberty (including whether sexual orientation is mutable), freedom of expression, and equality are obiter. But they are significant, since in Singapore, there are few constitutional rights cases and the courts focus on spelling out the limits to executive and legislative power without necessarily striking down exercises of such power on rights grounds. Indeed, the obiter dicta prompted the Legislature to repeal s 377A. Given the repeal, the obiter dicta …

The Problem With The Pursuit Of Pleasure And Why It Isn’T The Same As Joy, Seow Hon Tan

Research Collection Yong Pung How School Of Law

One is fleeting and depends on circumstances, the other comes from persevering in what one values and loving others.

The Post-Chevron Law Of Deference For Investor-State Arbitration, Won L. Kidane

Faculty Publications

In Loper Bright Enterprises v. Raimondo, the United States Supreme Court clarified the “law of deference” built “on the foundation laid in Chevron.” The American conception of the law of deference, long solidified as the Chevron doctrine, has had extraordinary resonance, having been cited in at least 18,000 cases and 22,000 publications over a period of forty years.

The Court’s overruling of the two-step Chevron analysis for the resolution of statutory ambiguity is the most obvious outcome and is likely to attract the most attention. There is, however, an obscure aspect of the Court’s overruling of Chevron: the clarification of …

Sexual Assault, Fault And The Charter, Isabel Grant, Janine Benedet

All Faculty Publications

The Canadian Charter of Rights and Freedoms and the criminal law of sexual assault have in many ways grown up together over the last four decades. In this article we examine the impact of the Charter on the fault requirement for sexual assault and sexual offences against children. We argue that the Charter has been used repeatedly to undermine the early gains of feminist law reform and that courts have gone out of their way to avoid the reasonable steps provisions of the Criminal Code. Courts are consistently reluctant to expect men to desist from sexual activity until they have …

Table Of Contents

UC Law Journal

No abstract provided.

Political Questions And The Role Of Federal Courts In Deciding Claims That The Executive Branch Is Violating Fundamental Norms Of International Law: The Case Of United States Aid For The Israeli War Against Palestinians In Gaza And The West Bank, Jules Lobel

UC Law Journal

A recent challenge to the Biden Administration’s military aid to Israel as aiding genocide presents an important question of the role of U.S. courts in adjudicating claims that top U.S. officials, in their execution of U.S foreign policy, are violating fundamental international law norms, such as the prohibition against committing or aiding and abetting genocide. Both the District Court and the Court of Appeals for the Ninth Circuit dismissed the case as presenting a non-justiciable political question.

The Ninth Circuit’s decision raises the broad question of whether challenges to U.S. government violations of fundamental norms of international law can ever …