Browsing III. Doctor of Juridical Science (S.J.D.) Dissertations by Creation Date
Now showing items 21-40 of 58
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Marginal Effect of Criminal Law and Tort Law on HIV Prevention
(2013)The purpose of this paper is to assess how laws that impose legal liability for exposing others to HIV affect public health in the United States and to provide guidance for future research efforts. As criminal law and tort ... -
Proposing a Deferential Standard of Review for the Inter-American Court of Human Rights: Proportionality, Determinatio, and The Principle of Subsidiarity
(2013)The author proposes to the Inter-American Court of Human Rights the adoption of a deferential standard of review to cases regarding human rights open to multiple instantiations. In doing so, he rejects proportionalist ... -
Compulsory Licensing of Pharmaceutical Patents in Developing Countries
(2014)Many low- and middle-income countries experience difficulty in using compulsory licensing as a measure to balance patent protection and access to medicines. These difficulties persist despite relevant efforts made by some ... -
Is Islamic Insurance Ready to Take the Lead?: A Case Study of Saudi Arabian Insurance Law
(2014)The focus of this thesis is Islamic insurance, which has generated significant debate within Saudi society. Insurance is a new phenomenon for Muslims in general, and for the Saudi society, in particular, because most Islamic ... -
The Negotiability of Debt in Islamic Finance: An Analytical and Critical Study
(2014)Islamic finance is a new, promising, and growing industry that serves Muslims and non-Muslims around the world. Many Western countries host Islamic financial institutions to benefit from Islamic financial businesses in ... -
A Legislative Model for Maternity and Parental Leave in Korea: Towards Gender Equality in Reconciling work and Childcare
(2014)This paper proposes a legislative model for maternity and parental leave in South Korea (hereinafter Korea) to realize gender equality in reconciling work and childcare. It recommends that Korea should replace its compulsory ... -
Extraordinary Measures: A Comparative Approach to Crafting a New Legal Framework for Preventive Detention of Suspected Terrorists
(2014)Preventive detention as a counter-terrorism tool is fraught with conceptual and procedural problems and risks of misuse, excess and abuse. Many have debated the inadequacies of the current legal frameworks for detention, ... -
Discursive Power: The Role of Government and the WHO in the New Public Health Paradigm
(2014)This dissertation focuses on discursive interactions among the individual, the market and the state in the public domain of deliberation in public health policies. This inquiry responds to the rise of the modern preventive ... -
The Protection of Non-Controlling Shareholders in the Acquisition of Controlling Shares
(2015)Kuwait seeks to become the financial hub of the Middle East. In pursuance of this vision, Kuwaiti lawmakers adopted foreign laws in the hope of producing results similar to those foreign nations. The application of some ... -
Toward Better Money Laundering Standards: A Critique of Money Laundering Standards Through the Lens of a Qatari Citizen
(2015)A problem and an issue with the institution and the clash of the modern legal system meant to combat money laundering and the realities on the ground. This is because the rules are made up of different legal frameworks ... -
The Kindness of Strangers and the Limits of the Law: The Moral and Legal Obligations of Bystanders to a Vulnerable Person in Need of Emergency Assistance
(2015)Reports of how some bystanders interact with victims on the scene of an emergency are shocking: instead of assisting or calling for help they take pictures of the victims on their cell phones. In the common law of torts ... -
A Collective Theory of Genocidal Intent
(2015)This dissertation seeks to develop an account of genocidal intent from a collectivist perspective. Drawing upon the two-layered structure of the crime of genocide composed of the ‘conduct level’ and ‘context level,’ this ... -
Effects of Familism on Corporate Practices in Family Businesses in Southeastern Mexico: Tools to Accomplish the Dream of Continuity
(2015)This dissertation discusses the effects of culture (in the form of Familism, which is described as a cultural pattern that privileges group over personal interests) in the decision making process of 10 family businesses ... -
Constitutionalism in the Arab World: Questions on Discourse Ideology, and Epistemology
(2015)Because “Law” is, in essence, a social construction, it cannot be examined separately from the social conditions that produced it. This dissertation looks at the importance of “discourse” as a social condition that ... -
Original Explication and Post-Liberal Constitutionalism: The Role of Intent and History In Judicial Enforcement of Teleological Constitutions
(2016)Most of the world’s constitutions fall between two main categories. First, framework constitutions that are mostly structural in nature. The majority of these constitutions can be characterized as liberal democratic, ... -
The Interdependence of Conflict of Laws and Piercing the Corporate Veil
(2016)This thesis explores the relationship between piercing the corporate veil and conflict of laws through an empirical research of judicial decisions rendered by U.S. courts for a three-year period between 1 January 2012 and ... -
The New Saudi Arabian Companies Law, And Its Failure to Protect Minority Shareholders in Public Joint Stock Companies
(2017)Minority shareholders in public companies represent a significant component of today’s corporate regulations. Numerous studies have illustrated how safeguarding them with decent protections could correspond to the development ... -
Comparative Analysis of Hybrid Enforcement of Securities Fraud in China
(2017)China has embarked on major economic liberalization reform with the ascension of former President Deng Xiaoping since the late 1970s, which reestablished its national securities markets during the early 1990s. Today, China ... -
Conflict in Cyberspace and International Law
(2017)In this dissertation, through four separately published articles, I address several contentious questions with regard to offensive cyberspace capabilities and the role of international law in the digital era. Offensive ...
