Civil Law Commons^™

The Role Of Expropriation Clauses In Protection And Promotion Of Foreign Investments In Renewable Energy: An Essential But Overlooked Legal Consideration, Moosa Akefi Ghaziani, Mohammad Akefi Ghaziani

Indonesia Law Review

Today the world is tackling climate change. The global threat of energy poverty along with the growing need for energy has escalated this crisis. The promotion of renewable energy sources is widely known as the main solution to this challenge. Many International and regional agreements address various aspects of renewable energy development such as trade, transit, security, and investment. Since not all states have the financial and technological abilities to develop this sector, foreign investment is recognised as a crucial prerequisite for the global deployment of renewable energies. Various investment agreements are signed to facilitate and promote investments. These instruments …

The Saudi Judge's Discretion In Liquidated Damage Clauses: An Applied Analytical Study In Light Of Islamic Sharia Law, Salman Mufleh R. Al-Kahtani

Maurer Theses and Dissertations

This dissertation studies the treatment by Saudi judges under Islamic Sharia law of liquidated damages clauses in contracts, a critical part of modern commercial transactions.

After introducing the basic and secondary sources of Islamic law and discussing the current treatment of the liquidated damages clause by Saudi judges according to general Islamic rules and the four jurisprudence schools, this dissertation demonstrates that Saudi judges have broad discretion in applying jurisprudence rules, particularly Hanbali jurisprudence, the applicable jurisprudence in the Saudi courts.

Numerous interpretations of the same jurisprudential rule exist, resulting in multiple judicial rulings for the same jurisprudential rule. Among …

Degrees Of Confidence As A Legal Tool To Assess Ai System Liability, Joshua Song

Michigan Technology Law Review

AI systems have become increasingly integrated into our everyday lives, and harms caused by these systems have graduated from raising hypothetical ethical concerns to questions of actual legal liability. Civil liability schemes are generally designed to address harms caused by humans; thus, it may be tempting to analogize new types of harms caused by AI systems to familiar harms caused by humans in order to justify commandeering existing human-centered legal tools to assess AI liability. However, the analogy is inappropriate and misrepresents salient legal differences in how harms are committed by humans and AI systems. Thus, “as is often the …

Creating Broadband Equity In Rural Wisconsin, Brian T. Coe

Marquette Benefits and Social Welfare Law Review

Over 430,000 people throughout the state of Wisconsin cur-rently do not have access to the internet. This "digital divide" is even more prominent in rural communities where broadband is either too slow, too expensive, or simply not available. Wisconsin state law cur-rently restricts local governments from providing this vital utility to their residents. The purpose of this Comment is to help readers un-derstand the impact of Wisconsin law surrounding local government public broadband programs, and how they can be changed to offer a more equitable menu of internet access to rural communities. This Comment will discuss the restrictive statutes that …

No Leave To Grieve: How Misfit Frameworks And America's "Grief Tsunami" Require Better Bereavement Policy, Katherine S. Hanson

Marquette Benefits and Social Welfare Law Review

The COVID-19 pandemic fueled America’s recent death surge: 2021 has become the deadliest year on record in the United States. Scholars and commentators claim that the American workplace re-mains unprepared for the impending “grief tsunami” in the wake of such pervasive loss. Likewise, American law is ill-equipped for workplace grief. Bereavement, while medically “normal,” lacks a substantial foothold in workplace benefits and in the law. Currently, organizations bear the burden of developing their own policies—and where available, these policies remain insufficient to accommodate the myriad logistical and emotional complexities associated with the loss of a loved one. In the event …

Certified Fair Wage®: Utilizing Certification Marks In The Fight Against Wage Theft, Anne E. Parrish

Marquette Benefits and Social Welfare Law Review

This paper argues utilizing certification marks in the fight against wage theft is a powerful consumer-side approach to the wage theft crisis, building public attention, fostering a social norm against wage theft, bolstering current approaches to the crisis, and spurring meaningful political action. Current approaches to the wage theft cri-sis are floundering, and certification marks, a subset of trademarks “used to show . . . goods and[] services . . . meet certain standards,” offer a unique approach to the problem. By highlighting certification marks’ unique attributes, showcasing other labor movements’ suc-cessful adaptation of certification marks, and utilizing a hypothetical …

Equal Opportunity In Remote Learning, Teramie Hill

Marquette Benefits and Social Welfare Law Review

Students with disabilities have always been a marginalized group. During the Covid-19 pandemic, this group was even more vulnerable to discrimination because many students simply could not receive services required to ensure equal opportunity in education. While Congress passed the Americans with Disabilities Act, Section 504 of the Rehabilitation Act of 1973, and the Individuals with Disabilities in Education Act in order to ensure students with disabilities are fairly treated in the educational system, remote learning has created complications and more complex issues. Making this issue even more complex, many parents are demanding the end of remote learning while others …

The Feud Of Nemo Plus Iuris Ad Alium Transferre Potest Quam Ipse Habet And Nemo Dat Quad Non Habet (Nemo Dat Rule) Legal Principles Against The Legal Principle Of Good Faith (Bona Fides) In Indonesian Courts, Yonatan Yonatan, Rosa Agustina

Indonesia Law Review

Abstract

A dispute over ownership of land rights between the real Original Owner and a Good Faith Purchaser can be assumed as a dispute over legal principles in the field of civil law, namely: the legal principle of Nemo Plus Iuris Ad Alium Transferre Potest Quam Ipse Habet, and the legal principle of Nemo Dat Quad Non Habet (Nemo Dat Rule) against the legal principle of good faith (bona fides). The legal principle of Nemo Plus Iuris Ad Alium Transferre Potest Quam Ipse Habet and the legal principle of Nemo Dat Quad Non Habet (Nemo Dat Rule) are legal principles …

Implication Of Model Regulations On Domestic Ferry Safety On China's Ferry Safety Legislation And Maritime Safety Administration’S Supervision, Yi Pang

World Maritime University Dissertations

No abstract provided.

A Study On Legal Issues Of Unmanned Ship Maritime Regulation, Qingbao Zhang

World Maritime University Dissertations

No abstract provided.

R.J. Reynolds Tobacco Co. V. Eighth Jud. Dist. Ct., 138 Nev. Adv. Op. 55 (July 28, 2022), Christopher Sommers

Nevada Supreme Court Summaries

In an opinion drafted by Justice Cadish, the Court clarifies whether a plaintiff has the standing to assert a deceptive trade practice claim under NRS 41.600(1) when the plaintiff never purchased or used products manufactured by the defendant. The Court found that a plaintiff has standing as long as they can show they are directly harmed by the deceptive trade practices of the defendant. Additionally, it found that the plaintiffs pleaded sufficient facts, including that they were directly harmed by the petitioner’s false and misleading advertising. Thus, the Court denied the defendant’s petition for writ relief.

Foreclosure In English Law: A Comparative Analytical Study Of Islamic Jurisprudence And Comparative Law, Dr. Younis Salah Eddin Ali

UAEU Law Journal

يعد غلق الرهن في القانون الانجليزي نوعاً من أنواع المعالجات القانونية الأكثر صرامة أو قسوة، والتي تؤدي إلى انقضاء الحق الإنصافي الذي يتمتع به المدين الراهن في فك الرهن واسترداد المال المرهون، بسبب تخلفه عن الوفاء بالدين الموثق بالرهن. مما يتيح للدائن المرتهن اكتساب ملكية المال المرهون بعد انتقالها إليه. كما يعد غلق الرهن أيضاً نظاماً إنصافياً، فرضته قواعد العدالة والإنصاف، لغرض القضاء على كل مماطلة أو تقاعس من جانب المدين الراهن عن الوفاء بالدين المضمون بالرهن. أما بالنسبة إلى القانون المدني العراقي رقم (40) لسنة 1951، وقانون المعاملات المدنية الإماراتي الاتحادي رقم (5) لسنة 1985، فقد جسدا غلق الرهن …

Good Faith In Contract Drafting Stage: A Study In Light Of French, Emirati, And Moroccan Laws, Dr. Ahmed Ed-Drari

UAEU Law Journal

This study deals with discussing the general duty of good faith as it establishes the criteria for practicing a reasonable manner of freedom within a framework that does not override the legality of what is imposed by the social system.

There is no doubt that the position of the French legislator who codified what was settled by the French judiciary under the civil law of 1804, so that it stipulated the validity of goodwill in all four stages of the contract, starting from its negotiation, conclusion, implementation, and after its end, as it is considered a restriction on behavior that …

The Economic Impact Of Cyberattacks In The United States, Habibullah Asadi

Student Theses

In recent years, the global economy has been beset by cyber-attacks. These events disrupt business and governmental operations, large and small, and include broad-horizon attacks on infrastructure and pointed network takeovers. The attacks can include malicious online activities directed at stealing financial and intellectual property or, manipulating, destroying, and denying access to critical information. Despite increased awareness of these challenges, the victimization of private and public networks continues, and the economic impacts mount daily. This research will present the economic impact of cyberattacks on United States businesses and governmental agencies.

Electronic Arts’ College Videogames In The Name, Image, And Likeness Era, Ryan A. Buchanan

UNH Sports Law Review

No abstract provided.

Playing For Keeps: The Need For Name, Image, And Likeness Legislation To Ensure Representation For College Athletes, Campbell Flaherty

UNH Sports Law Review

No abstract provided.

The Concept Of Amateurism: How The Term Became Part Of The College Sport Vernacular, Robert J. Romano Esq.

UNH Sports Law Review

No abstract provided.

For Whom The Sol Tolls: Examining The Role Of The Discovery Rule And Statutes Of Limitations In Ncaa Concussion Litigation, Joseph Sabin Esq., Andrew L. Goldsmith Ph.D.

UNH Sports Law Review

No abstract provided.

Editors' Foreword, Ryan A. Buchanan, Jacob M. Rocchi

UNH Sports Law Review

No abstract provided.

Table Of Contents, Editorial Board

UNH Sports Law Review

No abstract provided.