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Circulation And Exchange In Islamic Economics, Dr. Rajab Shahwan 2021 Professor of Islamic Jurisprudence - College of Islamic and Arabic Studies - Dubai

Circulation And Exchange In Islamic Economics, Dr. Rajab Shahwan

Journal Sharia and Law

First, terms like circulation or exchange is not clear i n Islamic economics. In fact, no new terms, on carry any new connotations about them. They have existed in Muslim jurisprudence and can be deduced from subjects like sales and transactions in the books of Islamic jurisprudence. Their counterparts in modern day compilation s are .terms like Earnings, Livelihood, Subsistence, Morals and Ethics. Second, there is a lot of controversy going on around exchange and its position in Isla mic economics. There are t hose who consider exchange as a department of distribution and those who would take i t ...


The U.S. Dairy Industry In The 20th And 21st Century, George B. Frisvold 2021 University of Arizona, Tucson

The U.S. Dairy Industry In The 20th And 21st Century, George B. Frisvold

Journal of Food Law & Policy

At the beginning of the 20th Century, the U.S. dairy industry was comprised of millions of small-scale operations producing for their own or for very local consumption. By the end of the 20th Century, the industry was dominated by large-scale producers marketing products via large cooperatives. Improvements in transportation, advances in animal breeding and feeding technologies, and scale economies have allowed the industry to be more competitive on global markets, where there is now active international trade in dairy products. Major government programs to support dairy farm income date back to Depression-era problems facing the industry. Federal programs to ...


Secured Transactions Law Reform In Japan: Japan Business Credit Project Assessment Of Interviews And Tentative Policy Proposals, Megumi Hara, Kumiko Koens, Charles W. Mooney Jr. 2021 Gakushuin University

Secured Transactions Law Reform In Japan: Japan Business Credit Project Assessment Of Interviews And Tentative Policy Proposals, Megumi Hara, Kumiko Koens, Charles W. Mooney Jr.

Faculty Scholarship at Penn Law

This article summarizes key findings from the Japan Business Credit Project (JBCP), which involved more than 30 semi-structured interviews conducted in Japan from 2016 through 2018. It was inspired by important and previously unexplored questions concerning secured financing of movables (business equipment and inventory) and claims (receivables)—“asset-based lending” or “ABL.” Why is the use of ABL in Japan so limited? What are the principal obstacles and disincentives to the use of ABL in Japan? The interviews were primarily with staff of banks, but also included those of government officials and regulators, academics, and law practitioners. The article proposes reforms ...


The Fair Distribution And Economic Efficiency In Positive Legal Systems And In Islam: A Comparative Perspective- عدالة التوزيع والكفاءة الاقتصادية في النظم الوضعية والإسلام, Prof. Abduljabbar Al-Sabhany 2021 College of Sharia and Islamic Studies - Yarmouk University - Jordan By

The Fair Distribution And Economic Efficiency In Positive Legal Systems And In Islam: A Comparative Perspective- عدالة التوزيع والكفاءة الاقتصادية في النظم الوضعية والإسلام, Prof. Abduljabbar Al-Sabhany

Journal Sharia and Law

This research investigates the relationship between economic efficiency and distributive Justice. Whereas economists from different schools have invariably agreed upon the necessity of achieving economic efficiency and succeeded in developing objective criteria to measure it, they are far away from reaching a similar agreement with regard to the intent of just distribution and its impact on efficiency.

This research explores a basic hypo thesis that just distribution is prerequisite for economic efficiency, and that Islam, in, in its just distributive system, actualizes that.

The paper investigates also the dimensions of fair (just) distribution in Islam showing that both considerations, "efficiency ...


The Concept Of Transparency In The Work Of The Courts And Its Role In The Administration Of Justice, ERKIN KUCHKARBAEVICH SABIROV 2021 Academy of the General Prosecution office

The Concept Of Transparency In The Work Of The Courts And Its Role In The Administration Of Justice, Erkin Kuchkarbaevich Sabirov

ProAcademy

The article examines the concept of transparency in the activities of the courts and its role in the administration of justice. Information about the private lives of persons who cannot be disclosed and will be heard in closed court shall be specified in detail and shall include personal audio and video recordings, photographs and films, electronic, digital and other documentary means in addition to personal correspondence and other personal messages. When the case is heard in closed session of the court, it should be borne in mind that the participation of persons under the age of sixteen is not allowed ...


Private Investment: Its Determents And Its Direc-Tors In The Islamic Economic System: A Comparative Study, Abduljabbar Al-Sabhany 2021 Faculty of Sharia and Islamic studies Yarmouk University Irbid-Jordan

Private Investment: Its Determents And Its Direc-Tors In The Islamic Economic System: A Comparative Study, Abduljabbar Al-Sabhany

Journal Sharia and Law

By discovering the basic relationships among private investment and others macroeconomics Variables, this research try to formulate an Islamic economic theory which consists with the economic doctrine of Islam.

This Study analyzed theoretically the effects of Islamic rules and values in the economy. The prohibiting of Riba (Interest), Iqtinaz (Hoarding) and the control of Alsarff (Exchange) will make the monetary system more efficient. The imposing of Zakah and prohibiting speculation will increase the supply of inactive capital.On the other hand the impacts of Islamic distribution system and the norms of consumption controlled with Islamic values raises the effective demand ...


European Union Food Law Update, Nicole Coutrelis 2021 Coutrelis & Associates, Brussels

European Union Food Law Update, Nicole Coutrelis

Journal of Food Law & Policy

On March 31, 2006, the European Commission published Council Regulation (EC) No. 510/2006 On the Protection of Geographical Indications and Designations of Origin for Agricultural Products and Foodstuffs. This new regulation repealed Council Regulation (EEC) No. 2081/92 On the Protection of Geographical Indications and Designations of Origin for Agricultural Products and Foodstuffs mainly to bring Community law into conformity with the World Trade Organization (WTO) agreements and the findings of a recent WTO panel. Under the new Regulation, persons in third countries (non-European Union members) are entitled to address applications for the protection of geographic names and statements ...


United States Food Law Update, Michael Tingey Roberts, Margie Alsbrook 2021 Venable, LLP, Washington D.C.

United States Food Law Update, Michael Tingey Roberts, Margie Alsbrook

Journal of Food Law & Policy

This update summarizes some of the significant changes and developments in food law over the first half of 2006. Not every change in food law is included; instead, this update provides a starting point for scholars, practitioners, food industry members, and policymakers determined to understand the shaping of food law in modern society. Tracing the development of food law through these updates, which appear in each issue of the Journal of Food Law & Policy, also provides historical context for the development of significant food law issues over time. New developments in state law, while certainly important and deserving in attention ...


Creating Balance: Problems Within Dshea And Suggestions For Reform, Jennifer Akre Hill 2021 University of Arkansas, Fayetteville

Creating Balance: Problems Within Dshea And Suggestions For Reform, Jennifer Akre Hill

Journal of Food Law & Policy

The Dietary Supplement Health and Education Act of 1994 (DSHEA) was signed into law on October 25, 1994. At the signing, President Clinton endorsed the "intense efforts" of manufacturers and legislators to change the "treatment of dietary supplements under regulation and law." Further, the bill was signed with the hope that it would benefit consumers by permitting more access to dietary supplements and more choices for consumer directed healthcare. In support, politicians on both sides of the aisle claimed the DSHEA as a victory for consumer freedom, populist protection, and preventative medicine.


Beastly Bureaucracy' Animal Traceability, Identification And Labeling In Eu Law, Bernd M.J. van der Meulen, Annelies A. Freriks 2021 Wageningen University, the Netherlands

Beastly Bureaucracy' Animal Traceability, Identification And Labeling In Eu Law, Bernd M.J. Van Der Meulen, Annelies A. Freriks

Journal of Food Law & Policy

This contribution discusses animal traceability, identification and labeling requirements in European Union (EU) law. The requirements are lex specialis to more general requirements in EU food law. The aim is to set out this body of EU law and provide some understanding regarding its background. Along with the article by Margaret Rosso Grossman, it enables the reader to compare the EU system to the United States system.


Animal Identification And Traceability Under The Us National Animal Identification System, Margaret Rosso Grossman 2021 University of Illinois, Urbana-Champaign

Animal Identification And Traceability Under The Us National Animal Identification System, Margaret Rosso Grossman

Journal of Food Law & Policy

The identification of animals has a long history in the United States. Since the late nineteenth century, livestock producers have used brands to mark their animals. Ear tags and other marks now identify individual animals or animals from a specific producer, but not all livestock are identified to facilitate traceability.


Vertical Control, Herbert J. Hovenkamp 2021 University of Pennsylvania Law School

Vertical Control, Herbert J. Hovenkamp

Faculty Scholarship at Penn Law

Antitrust litigation often requires courts to consider challenges to vertical “control.” How does a firm injure competition by limiting the behavior of vertically related firms? Competitive injury includes harm to consumers, labor, or other suppliers from reduced output and higher margins.

Historically antitrust considers this issue by attempting to identify a market that is vertically related to the defendant, and then consider what portion of it is “foreclosed” by the vertical practice. There are better mechanisms for identifying competitive harm, including a more individualized look at how the practice injures the best placed firms or bears directly on a firm ...


Incentivized Torts: An Empirical Analysis, J. Shahar Dillbary, Cherie Metcalf, Brock Stoddard 2021 Northwestern Pritzker School of Law

Incentivized Torts: An Empirical Analysis, J. Shahar Dillbary, Cherie Metcalf, Brock Stoddard

Northwestern University Law Review

Courts and scholars assume that group causation theories deter wrongdoers. This Article empirically tests, and rejects, this assumption, using a series of incentivized laboratory experiments. Contrary to common belief and theory, data from over 200 subjects show that group liability can encourage tortious behavior and incentivize individuals to act with as many tortfeasors as possible. We find that subjects can be just as likely to commit a tort under a liability regime as they would be when facing no tort liability. Group liability can also incentivize a tort by making subjects perceive it as fairer to victims and society. These ...


The Economics Of Class Action Waivers, Albert H. Choi, Kathryn E. Spier 2021 University of Michigan Law School

The Economics Of Class Action Waivers, Albert H. Choi, Kathryn E. Spier

Articles

Many firms require consumers, employees, and suppliers to sign class action waivers as a condition of doing business with the firm, and the U.S. Supreme Court has endorsed companies’ ability to block class actions through mandatory individual arbitration clauses. Are class action waivers serving the interests of society or are they facilitating socially harmful business practices? This paper synthesizes and extends the existing law and economics literature by analyzing the firms’ incentive to impose class action waivers. While in many settings the firms’ incentive to block class actions may be aligned with maximizing social welfare, in many other settings ...


Slippery Fish: Enforcing Regulation When Agents Learn And Adapt, Andres Gonzalez Lira, Ahmed Mushfiq Mobarak 2021 Yale University

Slippery Fish: Enforcing Regulation When Agents Learn And Adapt, Andres Gonzalez Lira, Ahmed Mushfiq Mobarak

Discussion Papers

Attempts to curb undesired behavior through regulation gets complicated when agents can adapt to circumvent enforcement. We test a model of enforcement with learning and adaptation, by auditing vendors selling illegal fish in Chile in a randomized controlled trial, and tracking them daily using mystery shoppers. Conducting audits on a predictable schedule and (counter-intuitively) at high frequency is less effective, as agents learn to take advantage of loopholes. A consumer information campaign proves to be almost as cost-effective and curbing illegal sales, and obviates the need for complex monitoring and policing. The Chilean government subsequently chooses to scale up this ...


The Economic Interest Concept: A Historical And Policy Perspective, Edmund D. Fenton Jr., P. Michael Davis 2021 Eastern Kentucky University

The Economic Interest Concept: A Historical And Policy Perspective, Edmund D. Fenton Jr., P. Michael Davis

Journal of Natural Resources & Environmental Law

No abstract provided.


Consent By Registration: The "Back-Door Thief", Nate Arrington 2021 University of Arkansas, Fayetteville

Consent By Registration: The "Back-Door Thief", Nate Arrington

Arkansas Law Review

Consider this personal jurisdiction quandary: A growing Arizona company wants to start expanding into other states. The company is incorporated in Delaware and has its principal place of business in Arizona. It decides to make the leap and begins registering to do business in a few surrounding states, including New Mexico. The registration seems straightforward and does not mention anything about jurisdiction. After the registration, but before conducting any business in New Mexico, a Kentucky resident decides to sue the Arizona-based corporation. The suit is based on an alleged tort occurring in Utah, and the plaintiff files the lawsuit in ...


Stealth Governance: Shareholder Agreements And Private Ordering, Jill E. Fisch 2021 University of Pennsylvania Carey Law School

Stealth Governance: Shareholder Agreements And Private Ordering, Jill E. Fisch

Faculty Scholarship at Penn Law

Corporate law has embraced private ordering -- tailoring a firm’s corporate governance to meet its individual needs. Firms are increasingly adopting firm-specific governance through dual-class voting structures, forum selection provisions and tailored limitations on the duty of loyalty. Courts have accepted these provisions as consistent with the contractual theory of the firm, and statutes, in many cases, explicitly endorse their use. Commentators too support private ordering for its capacity to facilitate innovation and enhance efficiency.

Private ordering typically occurs through firm-specific charter and bylaw provisions. VC-funded startups, however, frequently use an alternative tool – shareholder agreements. These agreements, which have largely ...


A Lesson From Startups: Contracting Out Of Shareholder Appraisal, Jill E. Fisch 2021 University of Pennsylvania Carey Law School

A Lesson From Startups: Contracting Out Of Shareholder Appraisal, Jill E. Fisch

Faculty Scholarship at Penn Law

Appraisal is a controversial topic. Policymakers have debated the goals served by the appraisal remedy, and legislatures have repeatedly revised appraisal statutes in an effort to meet those goals while minimizing the cost and potential abuse associated with appraisal litigation. Courts have struggled to determine the most appropriate valuation methodology and the extent to which that methodology should depend on case-specific factors. These difficulties are exacerbated by variation in the procedures by which mergers are negotiated and the potential for conflict-of-interest transactions.

Private ordering offers a market-based alternative to continued legislative or judicial efforts to refine the appraisal remedy. Through ...


Data Autonomy, Cesare Fracassi, William Magnuson 2021 Texas A&M University School of Law

Data Autonomy, Cesare Fracassi, William Magnuson

Faculty Scholarship

In recent years, “data privacy” has vaulted to the forefront of public attention. Scholars, policymakers, and the media have, nearly in unison, decried the lack of data privacy in the modern world. In response, they have put forth various proposals to remedy the situation, from the imposition of fiduciary obligations on technology platforms to the creation of rights to be forgotten for individuals. All these proposals, however, share one essential assumption: we must raise greater protective barriers around data. As a scholar of corporate finance and a scholar of corporate law, respectively, we find this assumption problematic. Data, after all ...


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