Law Commons^™

Table Of Contents

DePaul Law Review

No abstract provided.

Judicial Differentiation Between Codification And Statutory Law: An Applied Study, Asst.Prof. Rajab Abdul Hassan Rajab

Imam Ja'afar Al-Sadiq University Journal of Legal Studies

Given the significance of judicial separation in regulating social life and preventing the abuse of rights under the pretext of guardianship (qiwāma), as well as the resulting infringement upon women’s rights, this study was undertaken. It further aims to demonstrate the justice, precision, and structural depth of Islamic law in legal regulation.

This research examines the position of the Ja‘fari Code of Shar‘i Rulings and its evidentiary basis concerning judicial separation between spouses. It also compares this position with that of the Iraqi Personal Status Law No. (188) of 1959, in order to determine which framework is more aligned with …

The Criminal Prosecution Of Public Employees: Between The Binding Effect Of Criminal Judgments And The Administration’S Disciplinary Authority A Comparative Analytical Study Under Iraqi And Lebanese Law, Mohammed Aboud Faisal Al-Janabi

Imam Ja'afar Al-Sadiq University Journal of Legal Studies

Administrative discipline of public employees is regarded as an autonomous punitive system that is distinct from other sanctioning regimes in terms of its objectives, characteristics, and the authority responsible for its enforcement. Nevertheless, this autonomy does not preclude the existence of a close relationship between administrative disciplinary law and criminal law, nor does it prevent the former from being influenced by the latter in several respects. The same factual conduct that the administration characterizes as a disciplinary offence may simultaneously constitute a criminal offence punishable under the law. Consequently, a public employee may be subject to both disciplinary and criminal …

The Contemporary Tax Journal’S Interview With Ms. Julia Ushakova-Stein, Shuang Zhang

The Contemporary Tax Journal

No abstract provided.

2026 Uworld Cpa Exam Review Questions

The Contemporary Tax Journal

No abstract provided.

The Contemporary Tax Journal Volume 15, No. 1 – Summer 2026

The Contemporary Tax Journal

No abstract provided.

The White Hat Hacker's Approach: A Vulnerability Analysis Of U.S. Cyber Laws, Carlissa R. Carson

Montana Law Review

No abstract provided.

Punishing The Pursuit Of Punitive Damages: The Constitutional Flaws In Montana's Punitive Pleading Bar, Colin P. Spear

Montana Law Review

No abstract provided.

The Montana Supreme Court, The Montana Legislature, And Judicial Reform, Brit Englund

Montana Law Review

No abstract provided.

The Montana Supreme Court – The Statistics, Simon Mcmahon, Bryn Sokoloski

Montana Law Review

No abstract provided.

Strategic Surveillance Against Newsgathering, Courtney C. Douglas

Montana Law Review

No abstract provided.

Court-Connected Mediation In Montana: Law, Practice, And Recommendations For Reform, Paul F. Kirgis, Brianna Anderson, Brock Flynn

Montana Law Review

No abstract provided.

Significant Montana Cases, Claire Bagnell, Meredith Iams

Montana Law Review

No abstract provided.

2026 Hon. James R. Browning Distinguished Lecture In Law: Pride And Precedent: Some Thoughts On Judging, Danielle J. Forrest

Montana Law Review

No abstract provided.

The Seven Deadly Sins Of Ai Policy, Kevin Frazier

Montana Law Review

No abstract provided.

Legislating In The Child's Best Interests: Senate Bill 466 And The Increasing Significance Of Court Appointed Special Advocates In Dependency And Neglect Proceedings, Montana Casa/Gal Association

Montana Law Review

No abstract provided.

Building China’S Space Station Intellectual Property Protection System: Strategic Demands, International Rule Competition, And Institutional Pathways, Xiao Youdan, Bing Xiao, Yi Zheng, Xianghui Liu

Bulletin of Chinese Academy of Sciences (Chinese Version)

As China’s space station transitions into its application and development phase, on-orbit research outputs are entering a period of concentrated yield. The protection of space station intellectual property (IP) has evolved from a theoretical proposition into a pressing institutional demand. For decades, developed economies, notably the United States and European nations, have dominated the development of international space IP rules. Their core approach extends the traditional principle of territoriality through “legal fiction”, establishing jurisdiction based on the “State of registry’s jurisdiction”—that is, treating space objects as extensions of the registering State’s territory, thereby extending the reach of domestic IP law …

Synthesis Report, Khalid Naciri

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

Thirty years after Moroccan civil servants were granted a specific legal and administrative framework, the General Statute of Public Service naturally prompted reflection and debate among practitioners and academics. In this spirit, the Public Law Department of the Faculty of Legal, Economic, and Social Sciences at Hassan II University organized a colloquium on May 12–13, 1989, to examine the public service, focusing on elements of continuity and change. Situated at the intersection of legal, cultural, sociological, and political dimensions, the subject proved particularly complex. The colloquium explored this complexity through three main themes: the structures of public service, the legal …

The Evolution Of The Legal Status Of Civil Servants, Mohamed Aliat

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

Before independence, the Moroccan public service comprised approximately 400 separate grades, each governed by its own specific statute, resulting in significant disparities and administrative complexity. After independence, authorities faced the challenge of restructuring, harmonizing, and adapting administrative frameworks to new realities. Morocco adopted the "pragmatic localized reform method" rather than a comprehensive systematic overhaul. This approach began with the enactment of the General Statute of Public Service in 1958, followed by a transitional period of careful assessment. This process culminated in the 1967 cadre reform, later complemented by the 1975 reform, marking a gradual but significant evolution in the legal …

Statutory Guarantees Of Civil Servants, Amal Mourji

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

This paper examines the statutory guarantees of civil servants through a comparative analysis of two contrasting public service models: open and closed systems. In open systems, public employment is based on contracts, allowing mobility between public and private sectors, which enriches both mindsets and administrative structures. In closed systems, civil servants enter through competitive examinations and remain in public service until retirement, with strict separation between public and private sectors. They are governed by a legal and regulatory statute rather than contracts. While neither system exists in absolute form, they serve as simplified models. The author cites Anglo-Saxon countries (notably …

Some Reflections On The Municipal Public Service, Abderrahim Fadil

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

This paper highlights the significant gap between extensive research on state public service and the scarcity of studies on municipal public service (MPS), which remains poorly understood. The creation of MPS in Morocco is linked to the decentralization movement initiated by the Municipal Charter of September 30, 1976, with both themes being closely intertwined. Without a functioning MPS, decentralization at the local level risks being ineffective. In countries like Spain and France, territorial public service has become a cornerstone of local political-administrative systems. In Morocco, MPS is relatively recent, reflecting the growing role of municipalities in national life. This study …

Rules Of Public Service: Between The Domain Of Law And The Regulatory Domain, Mohamed Acherki

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

This paper examines the constitutional distribution of legislative and regulatory powers concerning public service rules in Morocco. Under the 1962 Constitution, only "basic guarantees granted to civil and military state employees" fell within the legislative domain, with all other public service rules relegated to the regulatory sphere. The 1970 Constitution maintained this approach. Despite constitutional provisions allowing for the adoption of organic laws to clarify and delimit these domains, no such laws were ever enacted for public service. Consequently, between 1962 and 1972, most public service rules remained within the regulatory domain, including some initially adopted by legislative acts, which …

Workforce Management In The Public Service: Rules, Methods, And Means, Mostafa Rhomari

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

Structural adjustment, budgetary constraints, administrative downsizing, restructuring, and privatization have become key drivers of public service reforms in developing countries. These reforms have prompted a continuous reassessment of workforce management, aiming either to curb rising personnel costs or to address shortages of highly skilled specialists, staff surpluses, or poor distribution across administrative sectors. The ultimate objective is workforce redeployment, guided by the principle: "Place the right people, in the right place, at the right time." Achieving this requires determining adequate staff numbers and qualifications while ensuring optimal geographical and functional distribution. Effective workforce management remains essential for improving administrative efficiency …

The Specificity Of Judicial Review Over The Legality Of Conservation (Land Registration) Decisions, Mohamed Chnan

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

This paper examines the unique nature of judicial review concerning conservation decisions (land registration) in Morocco. The author highlights the exceptional gravity of these decisions, as they directly affect property rights—a fundamental right protected by the Constitution. Unlike other administrative acts, conservation decisions are not subject to any form of appeal, not even before the administrative courts. This legal anomaly is particularly striking given that even constitutional provisions can be reviewed through referendums, and other administrative decisions may be challenged through annulment proceedings. The author argues that this exceptional rule, consistently upheld by case law, can only be explained by …

Presidential Authority And Human Relations In The Public Service, Lahoucine Oulkaid

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

This paper examines the relationship between superiors and subordinates in public administration and its impact on administrative systems. The nature of this relationship reveals the prevailing administrative culture and determines whether subordinates remain passive followers or become active participants in decision-making. The study contrasts centralized administrative systems, where authority is concentrated among senior officials, with decentralized models that grant regional or specialized bodies legal personality and some autonomy. Decentralization is widely regarded by scholars as a necessity of the modern era and a key indicator of administrative development. The author argues that participatory approaches and balanced power distribution contribute to …

Exemption Of Subordinates From Obedience To Superiors In The Public Service Sector, Radouane Abou Joumaa

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

On the occasion of the thirtieth anniversary of Morocco's first Public Service Act, this paper revisits key principles to assess their continuity or evolution over time. The focus is on presidential obedience, a fundamental duty that ensures subordinates' actions carry legal legitimacy and enables effective administrative organization. However, this duty raises complex questions that extend beyond legal frameworks to encompass sociological and historical dimensions. The author examines whether circumstances exist where subordinates may be exempted from obeying superiors, exploring the delicate balance between hierarchical discipline and individual responsibility. This analysis highlights the tension between administrative hierarchy and evolving concepts of …

Legality And Appropriateness In Public Service Decisions, Abdellah El Idrissi

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

The organization of public service aims to address practical issues by ensuring sound administration and meeting public needs while responding to civil servants' aspirations for continuous improvement. Decisions taken by governmental authorities regarding their employees—such as recruitment, training, promotion, transfer, discipline, and performance evaluation—are among the most significant and directly affect civil servants' administrative careers and rights. Given their impact on rights and freedoms, public service legislation typically surrounds these decisions with procedural guarantees to protect employees against potential abuses. However, these legislative safeguards remain insufficient unless civil servants can challenge administrative decisions before the courts, reinforcing the importance of …

Deductions From Salaries And Wages: The Tax On Financial Performance At The Expense Of Tax Justice, Asaad Abdelmajid

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

This paper examines salary and wage deductions in Morocco, focusing on the tax on financial performance and its implications for tax justice. The author emphasizes that public administration plays a crucial role in tax collection and that any tax reform's effectiveness depends heavily on the administrative apparatus responsible for its implementation. As G. Ardant notes, the value of any tax system remains contingent upon the administration that applies it. Moroccan tax administration faces structural challenges inherited from the colonial period, including a shortage of qualified personnel relative to the number of taxpayers. These deficiencies raise concerns about fairness and efficiency …

The Legal Status Of Civil Servants In Criminal And Private Law, Mohamed El Kichbor

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

This contribution examines the legal status of civil servants in Morocco under criminal and private law. The author reflects on the thirtieth anniversary of the Public Service Act, enacted by Dahir of February 24, 1958. This statute represented a milestone in consolidating Morocco's sovereignty and reinforcing its political independence following 1954. It established a legal framework governing the relationship between the newly established Moroccan administration and its civil servants, who replaced French protectorate officials. The Public Service Act is a cornerstone of Moroccan administrative law, regulating relations between public authorities and employees working to serve the public interest and manage …

The Impact Of Administrative Reform On The Teaching Staff In Morocco, Houssine El Amrani

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

Upon independence from the French protectorate, Morocco inherited a complex educational structure with over thirty different teaching grades for primary and secondary education. To streamline this system, the administration introduced a new statute in February 1967, merging all teaching staff into seven functional grades, with inspector ranks aligned to senior administrators. In higher education, however, there was a legal void, with only the grade of tenured professors existing. Consequently, the legislator quickly established a dedicated statute for higher education teachers starting in 1959, following the decree creating the University of Rabat. These reforms marked crucial steps toward modernizing Morocco's educational …