Law and Economics Commons^™

Comparative Approach To Inclusion Models In Social Policies In Mena Countries, Taoufik El Idrissi, Omar Raji, Zouhir Tassi, Anas Ouachani

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

Social inclusion policies in Global South countries vary widely according to political choices, historical contexts and development models. This paper provides a comparative analysis of inclusion models in social policies in the MENA region, drawing on human development theories and comparative institutionalism. It discusses three main paradigms: universalist inclusion, targeted inclusion and capacity-based inclusion. The analysis shows how inclusion logics are shaped by international agendas, internal political configurations and interactions between civil society and public actors. It also highlights the strengths and limits of each model in reducing social inequalities and opens a discussion on hybrid, locally grounded inclusive policies.

Editorial : Rethinking Public Policies And Management Practices Through The Lens Of Inclusion And Social Innovation, Fatima Zahra Alami, Adil Cherkaoui, Abdellatif Komat, Raja Temnati

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

This editorial introduces a special issue of the Moroccan Journal of Law, Economics and Management (REMADEG) devoted to selected contributions from the international conference “Rethinking Public Policies and Management Practices through the Lens of Inclusion and Social Innovation”, held on 13–14 February 2026 at the Faculty of Legal, Economic and Social Sciences of Ain Chock, Hassan II University of Casablanca. It presents the scientific context of the issue, the rigorous double-blind review process, and the main themes addressed by the eleven selected articles, including financial inclusion, social responsibility, public policy, social entrepreneurship, governance, territorial development and the inclusion of vulnerable …

Equality Before Tax Law, Charles Delmotte

Washington and Lee Law Review

The income tax code is riddled with exceptions—exclusions, rate preferences, and deductions—that reduce tax burdens for dominant majorities and powerful interest groups. These carveouts now amount to an astonishing $1.9 trillion, equivalent to 75 percent of all federal income tax revenue. By granting policymakers discretion to allocate tax exceptions, the tax system not only invites capture but also the weaponization of taxation against disfavored economic and political groups. Yet despite the central role of these exceptions, tax scholars have not articulated a principle requiring taxation according to general rules.

This Article bridges philosophy with insights from political economy to reveal …

Governing Algorithmic Attention: Attention Safeguard Models And The Cognitive Attentional Standard As System Level Interventions In Human Computer Interaction, Behavioral Economics, And Artificial Intelligence, Delante Clark

Graduate Scholarship and Creative Works

Algorithmic recommendation systems and interface designs shape attention by combining visually salient cues with uncertain reward timing and low friction interaction. These conditions can sustain anticipatory checking, extend time on task, and reduce natural disengagement points through patterns such as infinite scrolling and autoplay. This paper synthesizes research across neuroscience, human computer interaction, behavioral economics, and artificial intelligence to argue that attention capture is a predictable outcome of incentive driven design rather than an individual failure of self regulation. It advances the Attention Safeguard Models and the Cognitive Attentional Standard as system level interventions that regulate exposure conditions, pacing, and …

The Rise Of Options Contracts In Sports, The Post-Murphy Regulatory Conundrum, And Implications On Federalism, Scott Barboza

UNH Sports Law Review

The Supreme Court’s decision in Murphy v. N.C.A.A. dismantled the federal prohibition on state-authorized sports betting and returned its primary regulatory authority over to the states. Following Murphy, states adopted widely varying sports-betting regimes. At the same time, advances in financial technology and the growing popularity of prediction markets created a new form of event-based speculation operating outside the traditional sportsbook model. Platforms such as Kalshi began offering “yes-no” contracts tied to sporting outcomes through federally regulated exchanges overseen by the Commodity Futures Trading Commission, framing such products not as wagers, but as financial derivatives governed by the Commodity Exchange …

Reflections On Pretrained Chatbots, Hassan Essoussi

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

No one can deny the development of artificial intelligence which creates a new version of robots that is modern and sophisticated, such as pre-trained chatbots. These chatbots are based on linguistic models designed for continuous interaction between the chatbot and its user. They can be used to search for information from various sources, both scientific and non-scientific. Moreover, chatbots raise many fundamental problems and questions about how to protect users of this linguistic model on the one hand, the legal nature of pre-trained chatbots on the second hand, and the civil liability of this modern form and its differences from …

Digitalization Of Medicine Through Telemedicine: The Legal Framework And Medical Liability, Samira Krourou

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

This study examines telemedicine as a modern medical practice linked to the technological and informational advancements that humanity has witnessed and that have been positively integrated into the medical field. It has become possible to examine and treat patients without requiring their physical presence in a clinic or hospital, unlike the traditional approach, that necessitates the patient's presence and direct contact with their physician. Contemporary medical practice is no longer confined to examination and prescription alone; it has expanded to encompass more complex domains, notably enabling remote surgical interventions. In light of technological progress in medicine, it has become necessary …

The Notarial Profession Between Legal Roots And The Challenges Of Digital Modernization, Yassine Ait Ahmed

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

This paper focuses on returning to the origins of the legal regulation of the notarial profession, which is linked to the development of mechanisms for the protection of rights and systems governing legal transactions. This protection symbolizes one of the official functions of the State and is manifested in the field of evidence, as the documents issued by this authority, by virtue of the legal powers vested in it, enjoy the status of official (authentic) instruments. This status has been further strengthened with the adoption of digitization, which has required its development in order to meet the expectations of digital …

The Independence Of Supervisory Authorities: A Comparative Analysis Of Morocco's Law 09-08 And The European General Data Protection Regulation, Zakariyae Hamdani, Karim Seffar

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

The effectiveness of personal data protection presupposes the establishment of supervisory authorities endowed with substantial independence, guarantors of fundamental rights and capable of preventing the risks inherent in data processing. However, the comparison between the European GDPR and Moroccan Law No. 09-08 reveals a manifest institutional asymmetry. Indeed, European authorities operate within a substantially more comprehensive normative framework, characterised by enshrined autonomy, extended prerogatives and enhanced operational efficiency. Conversely, the Moroccan CNDP remains afflicted by structural deficiencies: institutional dependence, lack of coercive powers and budgetary insufficiency. Consequently, this comparative investigation aims to identify the cardinal principles likely to inform a …

Deepfake: A Practice On The Edge Of Legality, Bouthaïna Aaziz

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

Deepfakes – hyperrealistic videos manipulated using deep learning algorithms – raise significant legal challenges touching on human rights and legal governance. A deepfake usurps the identity of its victim to exploit their credibility and reputation. This article examines the applicable legal framework, first identifying pre-existing rules from Moroccan law (civil liability, personal data protection under Law No. 09-08, criminal provisions of the Penal Code and Press Law No. 88-13) that can be applied to deepfakes, and then advocating for the adoption of an adapted legal framework. The author distinguishes between creative deepfakes (requiring informed consent) and manipulative deepfakes (requiring criminal …

Gafam And Competition Law: The Premises Of Regulation, El Mahdi Taimouri

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

GAFAM are among those structural digital platforms whose ultra-dominant position in digital markets and the originality of their practices raise unprecedented competition issues. Their spontaneous tendency toward concentration results from the implementation of innovative business models based on massive data capture and exploitation through high-performance algorithms. The specificities inherent in these web giants raise questions about the ability of classical competition law rules to ensure efficient regulation. Indeed, competitive regulation of these platforms raises essential challenges and proves indispensable, even if the effective realization of such an undertaking appears laborious.

Requalification Of Employment Relations On Digital Platforms – Commentary On The Ruling Of The Social Chamber Of The French Court Of Cassation Of 4 March 2020, Appeal No. 19-13.316, Abdelhadi Al Hantali El Idrissi

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

Despite the efforts made by legislators to facilitate the task of qualifying the employment contract for judges, the judge's role in this qualification process remains primordial, as they face hybrid and increasingly complex situations that may fall into several contradictory contractual categories not anticipated by the law. This article examines a landmark ruling by the Social Chamber of the French Court of Cassation of 4 March 2020 (Appeal No. 19-13.316), in which the Court confirmed the requalification of a partnership contract between an Uber driver and the company into an employment contract. The analysis is structured around three complementary phases: …

From Legal Norms To Algorithmic Rules: Reflections On Blockchain And Smart Contracts, Yassine Dourhani, Fatim Ezzahra Boussetta

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

Blockchain technology and smart contracts are profoundly reshaping contract law by partially replacing traditional legal rules with algorithmic norms based on automation and self-execution. By embedding the parties' agreement into computer code deployed on a distributed ledger, these technologies promise enhanced security, certainty of performance, and the reduction of traditional intermediaries. However, this emerging algorithmic normativity confronts fundamental requirements of contract law, particularly those relating to validity, flexibility in the face of unforeseen events, and the protection of contracting parties. While automatic execution strengthens technical efficiency, it also exposes significant legal limitations, including the rigidity of code, the absence of …

The Legal Challenges Of Blockchain In Relation To The Legal Professions, Hind Tak-Tak, Hanane Jalal

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

Blockchain technology was initially conceived as a disintermediation tool based on algorithmic trust, aiming to challenge the traditional role of trusted third parties in legal and economic relationships. By relying on distributed, immutable, and transparent ledgers, blockchain claims to offer an alternative to centralized institutions, particularly in the fields of evidence, contracts, and authentication. However, a legal analysis demonstrates that this promise of disintermediation remains largely relative. While blockchain enables technical certification of data and the automated execution of obligations through smart contracts, it does not ensure valid contract formation, effective protection of the weaker party, or compliance with the …

Editorial : Digital Law, Karim Seffar

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

This special issue of REMADEG explores the profound transformations undergone by law in the face of the digital revolution. The contributions interrogate the legal challenges posed by disruptive technologies, their implications for traditional legal institutions, and the normative responses needed to govern these transformations. Topics covered include blockchain and smart contracts, digital platform labor relations, GAFAM regulation through competition law, deepfakes, personal data protection authority independence, telemedicine liability, and pretrained conversational robots.

Civil Society Associations And The Environment, Mohamed Ali Mekouar

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

Presented in February 1987 and written in August of the same year, this paper examines the growing role of the associative movement in environmental protection, drawing on comparative law perspectives and situating the Moroccan case within the broader context of the global rise of environmental civil society. The author analyses the growth of environmental protection associations as a manifestation of a 'daily syndicalism' and a silent participatory revolution, reflecting the crisis of representative democracy and citizens' growing need for collective engagement in defence of their living environment, as attested by the emergence of global organisations such as IUCN, WWF, and …

The Institutional Means Of Environmental Protection In Morocco, Rachida Meziane

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

This article analyses the institutional apparatus established in Morocco for environmental protection, in a context where the framework law on environmental protection and enhancement exists only in draft form, making the role of existing administrative structures all the more decisive. The author systematically inventories the environmental competences distributed among the various ministries (Interior, Agriculture, Public Health, Urban Planning, Maritime Fisheries) and specialised bodies, highlighting the institutional fragmentation characteristic of the Moroccan administrative landscape in environmental matters and the absence of a coordinating authority with real intersectoral arbitration capacity. The analysis focuses on the concrete environmental attributions of the Ministry of …

The Hunting Charge, Omar Mounir

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

Written in the form of a deliberately polemical essay, this text challenges the very concept of the 'hunting permit' and proposes to replace it with that of the 'hunting charge', effecting a conceptual revolution with profound legal implications regarding the status of game and the rights and duties of hunters. The author denounces the dominant mentality of hunters who, armed with their paid permit, believe themselves authorised to harvest without limits or responsibilities, ignoring the biological cycles of game, the issues of species balance, and the fragility of the environment, and assimilating hunting to a simple 'purchased right' rather than …

Environmental Aspects Of The Fixed Link Project Across The Strait Of Gibraltar, Mohamed Ali Mekouar

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

Presented at the Seminar on Legal Aspects of the Europe-Africa Fixed Link Project across the Strait of Gibraltar (Madrid, December 1986), this report examines the environmental dimension of a project of unprecedented geopolitical, technical, and legal magnitude, whose impacts on the marine environment of the Strait remain largely understudied. The author notes that while feasibility studies have engaged significant scientific and technical resources, the ecological dimension has received only marginal attention, despite potentially considerable and irreversible impacts on the Strait's hydrodynamics, sedimentary flows, benthic and pelagic ecosystems, and marine species migration routes. The legal analysis examines Spain's and Morocco's international …

Law, Agriculture, And The Environment: Stimulating Production While Respecting Nature, Mohamed Ali Mekouar

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

Presented at the seminar on 'Environmental Protection and Rational Management of Natural Resources' in Meknes in June 1987, this paper interrogates the capacity of law to reconcile the imperative of stimulating agricultural production with the requirements of environmental protection, from a comparative law perspective. The author starts from the historically ambivalent relationship between agriculture and nature: while agriculture long benefited from natural generosity, it has in recent decades — under the effect of misdirected economic incentives and demographic pressure — become one of the principal sources of natural equilibrium degradation, soil and water pollution, and biodiversity destruction. The legal analysis …