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Retroactivity In Administrative Decisions In U.A.E. (Theoretical & Applied Study) By Farouk El Arabi, 2021 United Arab Emirates University

Retroactivity In Administrative Decisions In U.A.E. (Theoretical & Applied Study) By Farouk El Arabi

Journal Sharia and Law

The study deals with retroactivity in administrative decisions in U.A.E. It encompasses three parameters; first retroactivity in law, second retroactivity in administrative decisions, the third parameter concerns retroactivity according to legislature applied in U.A.E. The first parameter acts as an introduction to the next two which comprises the main issues in this study. The first parameter briefly discusses the principles of non-retroactivity of laws and whether legislature may overlook this principle. The second parameter categorizes administrative decisions. Into individual and organizational, the latter being subdivided into revealing and institutional laws. The effect of this subdivision on ...


Administrative Law In The Automated State, Cary Coglianese 2021 University of Pennsylvania Law School

Administrative Law In The Automated State, Cary Coglianese

Faculty Scholarship at Penn Law

In the future, administrative agencies will rely increasingly on digital automation powered by machine learning algorithms. Can U.S. administrative law accommodate such a future? Not only might a highly automated state readily meet longstanding administrative law principles, but the responsible use of machine learning algorithms might perform even better than the status quo in terms of fulfilling administrative law’s core values of expert decision-making and democratic accountability. Algorithmic governance clearly promises more accurate, data-driven decisions. Moreover, due to their mathematical properties, algorithms might well prove to be more faithful agents of democratic institutions. Yet even if an automated ...


د. شمس مرغني علي فراج - العرف الإداري كمصدر للأعمال الإدارية, 2021 United Arab Emirates University

د. شمس مرغني علي فراج - العرف الإداري كمصدر للأعمال الإدارية

Journal Sharia and Law

من الملاحظ أن الحروب العالمية قد خلفت دفعاً كبيراً نحو الاشتراكية فظهرت ضرورة تدخل الحكومات، بسبب ما جد بعدها من أزمات اقتصادية واجتماعية وفكرية في الدولي وما ترتب على كل ذلك من تطاحن القوى المحتلفة في الدولة وخطر قويها على ضعيفها وكان من مظاهر ذلك الاتجاه أباح مجلس الدولة الفرنسي تدخل البلديات في ميدان العمل الاقتصادي وعرف باسم الاستراكلية البلدية ولكن الإدارة لم تنول إلى مستوى الأفراد كما هو في انجلترا

من هنا برزت أهمية دراسة العرف كمصدر للأعمال الإدارية وخصوصاً في دولة الإمارات العربية المتحدة باعتبار أن التشريع وليد حديث نسبياً وأن القانون الإداري وليد غض الأطراف، لين الجانب ...


The Scammer And The Charlatan: Regulating Health Fraudsters In The Time Of Covid-19, Brittany M. Riehm 2021 University of St. Thomas, Minnesota

The Scammer And The Charlatan: Regulating Health Fraudsters In The Time Of Covid-19, Brittany M. Riehm

University of St. Thomas Law Journal

No abstract provided.


Americans With Disabilities Act's Title Iii Public Accommodations And Its Application To Web Accessibility And Telemedicine, Priya Elayath 2021 University of St. Thomas, Minnesota

Americans With Disabilities Act's Title Iii Public Accommodations And Its Application To Web Accessibility And Telemedicine, Priya Elayath

University of St. Thomas Law Journal

No abstract provided.


Secrets, Secrets Are No Fun: Issues Of Publication Under The Foia Reading Room Provision, Kristen Daly 2021 Boston College Law School

Secrets, Secrets Are No Fun: Issues Of Publication Under The Foia Reading Room Provision, Kristen Daly

Boston College Law Review

What do teenagers, the Central Intelligence Agency, and the Coca-Cola Company have in common? Secrets. Social movements for less government secrecy have led to the implementation of mechanisms that ensure public distribution of information. One of these mechanisms is the Freedom of Information Act (FOIA). President Lyndon B. Johnson, when signing the FOIA, stated that “freedom of information is so vital that only the national security, not the desire of public officials or private collectors, should determine when it must be restricted.” It is therefore unsurprising that the FOIA provides a judicial remedy for when information has been improperly withheld ...


Where's The Meat? A Constitutional Analysis Of Arkansas's Law Prohibiting The Use Of "Meat" Terms On Plant-And Cell-Based Products, Christy Wyatt 2021 University of Cincinnati College of Law

Where's The Meat? A Constitutional Analysis Of Arkansas's Law Prohibiting The Use Of "Meat" Terms On Plant-And Cell-Based Products, Christy Wyatt

University of Cincinnati Law Review

No abstract provided.


Potus And Pot: Why The President Could Not Legalize Marijuana Through Executive Action, Robert Mikos 2021 Vanderbilt University

Potus And Pot: Why The President Could Not Legalize Marijuana Through Executive Action, Robert Mikos

University of Cincinnati Law Review

No abstract provided.


Where's The Beef?: A Guide To Judges On Preemption Of State Tort Litigation Involving Branded Drugs, Victor E. Schwartz, Christopher E. Appel 2021 Shook, Hardy & Bacon, LLP

Where's The Beef?: A Guide To Judges On Preemption Of State Tort Litigation Involving Branded Drugs, Victor E. Schwartz, Christopher E. Appel

University of Cincinnati Law Review

No abstract provided.


The Jordanian Public Employee And The Right Join Political Parties- حق الموظف الأردني في الانتماء الحزبي, Prof. Ali Khattar Shatnawi 2021 Faculty of Law, Jordan - Jerash University

The Jordanian Public Employee And The Right Join Political Parties- حق الموظف الأردني في الانتماء الحزبي, Prof. Ali Khattar Shatnawi

Journal Sharia and Law

Establishing political parties was banned in the Hashemite Kingdom of Jordan during the period 1975 to 1992. During this period, joining a hid den party by a public employee was considered as a behavior al breach leading to disciplinary action, which was at that time, termination of the employee's services in accordance with martial law No 4/1970.

In 1992 Political Parties Law No 32/1992 was released which gave public employees the right to establish political parties and to join existing ones. Some categories have been exempted from this right such as Judges, Military Men and Security Departments ...


The New Managerialism: Courts, Positive Duties, And Economic And Social Rights, Katharine G. Young 2021 Boston College Law School

The New Managerialism: Courts, Positive Duties, And Economic And Social Rights, Katharine G. Young

Boston College Law School Faculty Papers

An inseparable component of liberal constitutionalism is the respect accorded to so-called negative rights, which rest on duties of government restraint. But just as governments must have their hands tied, in this model, they must also work to secure rights, by actively and effectively planning, regulating, budgeting, and monitoring. These positive duties are particularly pronounced for so-called positive rights, which guarantee access to goods, services and opportunities such as social security, education, health care, land, food, water, sanitation, or to a clean environment. Of course, it is clear that so-called negative rights require both duties of commission and restraint; just ...


The Role Of Administrative Law In Defining The Real Source Of Disputed Order, Dr.Ali Khattar Shatnawi 2021 Faculty of Law, Jordan - Jerash University

The Role Of Administrative Law In Defining The Real Source Of Disputed Order, Dr.Ali Khattar Shatnawi

Journal Sharia and Law

Job authority is considered an important and fundamental factor in issuing administrative orders. No employee or other administrative party has the right to take a decision (administrative order) unless legally authorized. The researcher has chosen this topic to focus on the importance of Job Authority in issuing administrative orders.

The research is split into three topics:

1. Definition of Job Authority

  1. Sources of Job Authority
  2. The necessity that the authorized party performs his authorities solely.

The researcher supported his study with a number of court decisions in an attempt to link each subject with whatever is happening in real life ...


Legal System For Settlement Of Financial Equipment In Administration Contracts Under Algerian Ublie Bargains Law Of 1991, Revised- النظام القانوني لدفع المقابل المالي في العقد الإداري, 2021 United Arab Emirates University

Legal System For Settlement Of Financial Equipment In Administration Contracts Under Algerian Ublie Bargains Law Of 1991, Revised- النظام القانوني لدفع المقابل المالي في العقد الإداري

Journal Sharia and Law

The researcher extensively details in Chapter I the right to receive financial equivalent in administrative contracts pointing to its origin and legal nature. In Chapter II he talks about the Admin. liability to comply with due dates, the possibility of activating its contractual obligations, demonstrating the Algerian 1991 public transactions law stipulations in comparison with French & Egyptian laws, indicating similarities & contradictions.

The researcher ended his research with his conclusion. & comments on the above - mentioned law.


The Role Of Administrative Law In Defining Impetuses Leading To Orders Under Impugnation- دور القضاء الإداري في تحديد أسباب القرار المطعون فيه, Dr.Ali Khattar Shatnawi 2021 Faculty of Law, Jordan - Jerash University

The Role Of Administrative Law In Defining Impetuses Leading To Orders Under Impugnation- دور القضاء الإداري في تحديد أسباب القرار المطعون فيه, Dr.Ali Khattar Shatnawi

Journal Sharia and Law

The research explains the role of Administrative Law in defining the reasons behind impugned orders, stressing the importance of having reasons that lead to issuing administrative orders, announced by the administration. The researcher discusses the judicial power in defining such reasons.

The research was ended with conclusions derived from the study of the role of Administrative Law in defining the impetuses leading to orders under impugnation.


Special Features Of Islamic Administrative Jurisprudence (Complaints Law)- خصوصية القضاء الإداري الإسلامي - قضاء المظالم, Aa'ad Hamoud Al Qaisi 2021 Dubai Police Academy - Department of Legal Sciences and the Police

Special Features Of Islamic Administrative Jurisprudence (Complaints Law)- خصوصية القضاء الإداري الإسلامي - قضاء المظالم, Aa'ad Hamoud Al Qaisi

Journal Sharia and Law

The paper exposes the value of this subject, dividing it into various parts covering identification of Judicial system i n general through detailed study of litigations law, Hesbah Law and Complaints Law.

The researcher attempts to prove the specialty and independence of complaints law under the following topics:

  1. Legitimacy Principal in Islamic Administrative Jurisprudence.

II. Independence of Islamic Administrative Jurisprudence.

Ill. Islamic Administrative Jurisprudence. Is a “specialized law”


Objective Conditions For Stay Of Execution Of Administrative Decisions In The French State Council's Decisions And Jordanian High Court Of Justice: A Comparative Study, Musa Shehada 2021 United Arab Emirates University

Objective Conditions For Stay Of Execution Of Administrative Decisions In The French State Council's Decisions And Jordanian High Court Of Justice: A Comparative Study, Musa Shehada

Journal Sharia and Law

The purpose of this research is to analyze the required objective conditions to accept the application to stay the execution of administrative decisions objected for cancellation in the judgement of the French State Council and Jordanian High court of justice. This study concludes that the stay of execution can't exist except in face of final administrative decisions and there should be an interest for the objector and irreparable damage in case of execution of the decision and the application for stay of execution should stand on serious reasons.

In conclusion the study invites the Jordanian Administrative Judge to specify ...


Meditations In The Administrative Disputes In The United Arab Emirates, Prof. Majed Ragheb EI-Helw 2021 Faculty of Law, University of Alexandria

Meditations In The Administrative Disputes In The United Arab Emirates, Prof. Majed Ragheb Ei-Helw

Journal Sharia and Law

The United Arab Emirates complies with the system of unified jurisdiction. But as a federal state, the judicial function is divided between the federal government and the Emirates. The constitution has defined the competence of the federal jurisdiction and left the rest to the Emirates ones. But all of the Emirates except Dubai and Ras Al Khaimah have joined the federal jurisdicaon.

The constitution confined the juridical supervision on the administration actions and specified the competence of the federal jurisdiction in the settlement of administrative disputes. The federal courts has put into effect federal legislations and general principles in order ...


Covid-19 Impacts: How A Global Pandemic Amid The Sunsets Of The Ptc And Itc Made The U.S. Wind And Solar Industries More Resilient, Kimberly E. Diamond 2021 Fordham Law School

Covid-19 Impacts: How A Global Pandemic Amid The Sunsets Of The Ptc And Itc Made The U.S. Wind And Solar Industries More Resilient, Kimberly E. Diamond

Fordham Environmental Law Review

A cataclysmic event is sometimes the necessary catalyst for companies within certain industries to re- examine, radically shift, and replace their standard practices with technologically-advanced alternatives. In the United States, the occurrence of the Coronavirus pandemic (“COVID-19”) during the sunsets of the Production Tax Credit (“PTC”) and the Investment Tax Credit (“ITC”) created a unique confluence of factors that produced a perfect storm tantamount to such a cataclysmic event for companies in the wind and solar industries, particularly developers. Over the years, the domestic utility-scale wind industry has come to rely heavily upon the PTC, while the domestic utility- scale ...


Illegal Discharge: Exploring The History Of The Criminal Enforcement Of The U.S. Clean Water Act, Dr. Joshua Ozymy, Dr. Melisssa L. Jarrell 2021 Fordham Law School

Illegal Discharge: Exploring The History Of The Criminal Enforcement Of The U.S. Clean Water Act, Dr. Joshua Ozymy, Dr. Melisssa L. Jarrell

Fordham Environmental Law Review

The criminal prosecution of defendants that violate federal clean water laws has been ongoing for roughly four decades. Yet, we continue to have a poor understanding of how federal prosecutors use the U.S. Clean Water Act (“CWA”) to charge and prosecute criminals and the outcomes of those prosecutions. We use content analysis to analyze 2,588 federal criminal prosecution case summaries, 1983-2019, to gain a better historical understanding of how the CWA has been used as a prosecutorial tool, to bring out the major themes in the prosecutions, and quantify sentencing outcomes. Findings from the 828 CWA prosecutions undertaken ...


Red Tide: A Blooming Concern For Florida Manatees, Shannon Price Esq. 2021 Fordham Law School

Red Tide: A Blooming Concern For Florida Manatees, Shannon Price Esq.

Fordham Environmental Law Review

Although red tides are a common and natural occurrence around the coast of Florida, within the last few decades they have intensified and become much more deadly. Several identifiable human-caused factors exacerbate the size, concentration, and duration of the harmful algae bloom and disturb the environment’s natural balance. The Florida Gulf Coast provides all the algae’s necessary requirements for survival, the perfect storm to create a resilient super bloom that annihilates its host ecosystem.

This article explains the plight of Florida manatees who, like other marine animals and plants, are being injured or killed by this algae crisis ...


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