Global ETD Search
Search theses and dissertations gathered from participating repositories worldwide. Every result links back to the library that holds it. No account is needed.
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Showing 1 to 20 of 152 for “"Legal Studies"”.
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From obscuring transcendentalism to functional openness in European Court of Justice scholarship
… law by the Court of Justice. Inspired by the legal realism and critical legal studies approaches studied during my advanced master's degree, I called for more openness regarding the normative foundations underlying such scholarship.
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A Narrative Analysis of Korematsu v. United States
This thesis studies the Supreme Court decision, Korematsu v. United States, 323 U.S. 214 (1944) and its historical context, using a narrative perspective and reviewing aspects of narrative viewpoints with reference to legal studies in order to introduce the present study as a method of assessing …
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Descent: American Individualism, American Blackness and the Trouble with Invention
… offers new perspectives on the work of legal theorist Duncan Kennedy in critical legal studies – by way of Ralph Waldo Emerson – and the black music-centered theories of black aesthetics elaborated in the cultural and literary criticism of Amiri Baraka, Nathaniel Mackey and Fred Moten, …
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Reorganizing Bankrupt Companies: Comparing the Alternatives Under Saudi Arabian and American Bankruptcy Law
… endeavor to contribute to the relative dearth of legal studies dealing with troubled companies in Saudi Arabia. Those few studies that do examine the Bankruptcy Preventive Settlement (BPS) system and the Commercial Court Law (CCL) system in Articles 125-129 do not provide much depth of analysis. …
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Legal Education through a Social Justice Lens: A Framework for Teaching Law in the South African Context
… legitimate to prioritize social justice in the Legal Education discipline. Three sets of literature support this argument. First, South African higher education policy, which emphasizes the need to produce graduates who are able to contribute to societal transformation. Second, the University of …
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Liability for animals a comparative study: south African and German law
The field of' Liability for Animals' appears at first sight to be only of minor interest to academics. This, however, is a false syllogism as incidents involving animals are frequent, and courts constantly deal with claims regarding damages for injuries caused by animals. Indeed, in many countries …
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The United Nations Security Council: ways out of the Veto-Dilemma
… initiated by Russia without any international legal legitimacy. Russia is a permanent member of the most powerful international executive body in the world - the United Nations Security Council (UNSC). As a permanent member, Russia holds the power to block draft resolutions of the UNSC with a …
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Insurance in the Islamic Legal System : A Comparative Study of Insurance and Risk from a Tort and Contract Law Perspective.
… one of the most controversial issues in Islamic legal studies. Several edicts have concluded that insurance is incompatible with Islamic ethos and legal precept, but the mere official recitation of these edicts, from time to time, did nothing to reinforce the proscriptive argument as much as …
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Protecting the environment using the GATT Article XX: chasing shadows
Economic development is at the heart of the World Trade Organisation There is little doubt that trade liberalisation has had some positive effects on the global economy. However, there is considerable agreement on the fact that economic growth may also co me at the expense of environmental …
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When equality and freedom of contract meet: a consideration of the horizontal application of the Bill of Rights
… difficult question that must be answered by all legal systems which have accepted human rights as binding upon their law. To answer this question a State has to make fundamental ideological decisions, both as to its role in society and the individual citizen's right to self-autonomy. Is law to be …
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International Legal Consequences of the Construction of a Barrier by Israel in the West Bank
… Court of Justice in The Hague on the legal consequences of Israel's construction of a 'Barrier' between itself and the West Bank and East Jerusalem. 1 The Secretary General of the United Nations transmitted the request for the advisory opinion to the Court in a letter dated December 8, …
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An analysis of the approach adopted by the South African Constitutional Court to the right to equality and non-discrimination in the five decisions concerning section 8 of the interim Constitution compared to the approach adopted by the Belgian Court of Arbitration
Since time immemorial, equality is a concept which has been the subject of philosophical debate and political contest. Today, democratic society proclaims itself to be committed to the values of openness, democracy, freedom and equality. In South Africa and in Belgium, equality is a fundamental …
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Public Interest Environmental Litigation: A Comparative Study of Locus Standi Requirements in South Africa and Zambia
… environmental rights and the liberalisation of legal standing requirements occurred in South Africa with the enactment of the interim democratic constitution of 1994 which eventually progressed into the final constitution of 1996. Zambia only legislated environmental rights and liberalised the …
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Academic dishonesty: the link between academics and the law
There have been many studies done and much research completed on the problem of academic dishonesty at the college and university level. However, there is a dearth of studies done on academic dishonesty as it relates to the legal issues and trends related to higher education administration. The …
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The Relationship Between Laws Regulating Use of Mobile Communication Devices by Young Drivers and Crash Fatalities
… Hellinga, Strouse, & Farmer, 2010). Existing studies, however, have been limited by various design features. This study employs time-series methods to explore whether laws prohibiting use of MCDs by young drivers effectively reduce crash fatalities. The quasi-experimental design relies on an …
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The effect of stronger intellectual property protection on technological innovation in developing countries: the case of Lesotho
Intellectual property (IP) is one of the legal subjects which is increasingly receiving attention, but about which little is generally known outside specialised legal circles. 1 This is because IP in itself has always been an integral part of the general economic social and cultural development …
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The public policy exception to the enforcement of foreign arbitral awards under the New York convention
Commercial arbitration is one of the most commonly used methods of resolving disputes in the international business arena. The attributes of arbitration that provide an impetus for growth are multivariate. This includes party autonomy, speed, economy, the pool of available arbitrators, consistency, …
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Examining copyright infringement and liability in Generative Artificial Intelligence training and use: a legal perspective in South Africa and beyond
Once again, humanity has welcomed technological advancement, this time around artificial intelligence, with mixed reactions. The creative industry is no exception to this rapidly evolving technology, with generative AI (genAI) deepening its claws in the creative industry. What lies within the …
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