Recent berkeleylaw_jmeil items

Prospects for Cooperation and Dispute Over Water in the Middle East

Wed, 24 Oct 2018 00:00:00 +0000

Prospects for Cooperation and Dispute Over Water in the Middle East

Reinterpreting Article ID: Seeking Viable Solutions to the Palestinian Refugee Anomaly

Wed, 24 Oct 2018 00:00:00 +0000

Reinterpreting Article ID: Seeking Viable Solutions to the Palestinian Refugee Anomaly

Islamic Finance in the Gulf: A Practitioner's Perspective

Wed, 24 Oct 2018 00:00:00 +0000

Islamic Finance in the Gulf: A Practitioner's Perspective

Power and Perception: The Special Tribunal for Lebanon

Wed, 24 Oct 2018 00:00:00 +0000

Power and Perception: The Special Tribunal for Lebanon

Persuasion and Authority in Islamic Law

Wed, 24 Oct 2018 00:00:00 +0000

Persuasion and Authority in Islamic Law

Islamic Law and Crime in Contemporary Courts

Wed, 24 Oct 2018 00:00:00 +0000

Islamic Law and Crime in Contemporary Courts

Techniques and Limits of Legal Reasoning in Shari'a Today

Wed, 24 Oct 2018 00:00:00 +0000

Techniques and Limits of Legal Reasoning in Shari'a Today

Law as Faith, Faith as Law: The Legalization of Theology in Islam and Judaism in the Thought of Al-Ghazali and Maimonides

Wed, 24 Oct 2018 00:00:00 +0000

Law as Faith, Faith as Law: The Legalization of Theology in Islam and Judaism in the Thought of Al-Ghazali and Maimonides

Punitive House Demolitions in the West Bank: The Hague Regulations, Geneva Convention IV, and a Jus Cogens Bypass

Wed, 24 Oct 2018 00:00:00 +0000

Punitive House Demolitions in the West Bank: The Hague Regulations, Geneva Convention IV, and a Jus Cogens Bypass

The Revelance of Contemporary Islamic Finance

Wed, 24 Oct 2018 00:00:00 +0000

The Revelance of Contemporary Islamic Finance

Who Says Shari'a Demands the Stoning of Women - A Description of Islamic Law and Constitutionalism

Wed, 24 Oct 2018 00:00:00 +0000

Who Says Shari'a Demands the Stoning of Women - A Description of Islamic Law and Constitutionalism

Freedom Thwarted: Israel’s Illegal Attack on the Gaza Flotilla

Wed, 24 Oct 2018 00:00:00 +0000

Freedom Thwarted: Israel’s Illegal Attack on the Gaza Flotilla

Islamic Legal Histories

Wed, 24 Oct 2018 00:00:00 +0000

Islamic Legal Histories

Forgiveness in Islamic Ethics and Jurisprudence

Wed, 24 Oct 2018 00:00:00 +0000

Forgiveness in Islamic Ethics and Jurisprudence

Litigating the Arab-Israeli Conflict: The Politicization of U.S. Foreign Courtrooms

Wed, 24 Oct 2018 00:00:00 +0000

Litigating the Arab-Israeli Conflict: The Politicization of U.S. Foreign Courtrooms

Islamic Finance: Principle before Profit

Wed, 24 Oct 2018 00:00:00 +0000

Islamic Finance: Principle before Profit

The Legacy of the 1951 Refugee Convention and Palestinian Refugees: Multiple Displacements, Multiple Exclusions

Wed, 24 Oct 2018 00:00:00 +0000

Article 1D of the 1951 Refugee Convention singles out individuals who receive aid from UN agencies, and specifically applies to Palestinian refugees receiving aid from the UN Refugee and Works Agency (UNRWA). While Article 1D was first introduced to afford Palestinian refugees heightened protection, national courts have often interpreted this clause to leave Palestinian refugees without protection. More than 60 years after the initial refugee crisis, how does this provision affect displaced Palestinians today? This paper shows that the haphazard interpretation of Article 1D has often left Palestinian refugees without protection and that this lack of protection has been exacerbated for Palestinians fleeing the crisis in Syria. One solution would be to enable the UNHCR to take on some of the protective functions that used to be provided by the now-defunct UN Conciliation Commission for Palestine.

Contemporary Islamic Law and Finance: The Tradeoff between Brand-Name Distinctiveness ad Convergence

Wed, 24 Oct 2018 00:00:00 +0000

Contemporary Islamic Law and Finance: The Tradeoff between Brand-Name Distinctiveness ad Convergence

Arab Media Regulations: Identifying Restraints on Freedom of the Press in the Laws of Six Arabian Peninsula Countries

Wed, 24 Oct 2018 00:00:00 +0000

Arab Media Regulations: Identifying Restraints on Freedom of the Press in the Laws of Six Arabian Peninsula Countries

China's Failed War on Terror: Fanning the Flames of Uighur Separatist Violence

Wed, 24 Oct 2018 00:00:00 +0000

China's Failed War on Terror: Fanning the Flames of Uighur Separatist Violence

In the Best Interests of the Group: Religious Matching under Israeli Adoption Law

Wed, 24 Oct 2018 00:00:00 +0000

In the Best Interests of the Group: Religious Matching under Israeli Adoption Law

Baghdad Booksellers, Basra Carpet Merchants, and the Law of God and Man: Legal Pluralism and the Contemporary Muslim Experience

Wed, 24 Oct 2018 00:00:00 +0000

Baghdad Booksellers, Basra Carpet Merchants, and the Law of God and Man: Legal Pluralism and the Contemporary Muslim Experience

Learning from the Unique and Common Challenges: Clinical Legal Education in Jordan

Wed, 24 Oct 2018 00:00:00 +0000

Learning from the Unique and Common Challenges: Clinical Legal Education in Jordan

The Egyptian Second Republic: The Future of Litigating Islam Before the Supreme Constitutional Court

Wed, 24 Oct 2018 00:00:00 +0000

The Egyptian Second Republic: The Future of Litigating Islam Before the Supreme Constitutional Court

Iran: The Formation of Trans Identity and Possible Paths Toward the Acceptance of Greater Gender “Deviance”

Wed, 24 Oct 2018 00:00:00 +0000

The Islamic Republic of Iran is painted by “Western media” as a peculiar site for the legality and regulation of sex reassignment surgery and transgender and transsexual identities. This Article argues that Iran’s position on trans issues is not as peculiar or phenomenal as Western media frequently claims. In Section I, I provide a general history of gender and sexual performance in Qajar Iran. I then explain how Iranian-Western interactions helped create heteronormalization in Iran. Finally, I discuss the Islamic Republic of Iran and its effect on formulations of gender and sex. In Section II, I discuss Iran’s legal-medical-religious sex reassignment framework for those who identify as trans. In Section III, I discuss trans advocacy in Iran, including why trans persons largely seek entitlements rather than rights. In Section IV, I argue that Iranian trans and other gender “deviant” persons are the best situated to affect their situation. I explore the possibilities of liberatory...

Islamic Finance in the Current Financial Crisis

Wed, 24 Oct 2018 00:00:00 +0000

Islamic Finance in the Current Financial Crisis

A Brief History of Coptic Personal Status Law

Wed, 24 Oct 2018 00:00:00 +0000

A Brief History of Coptic Personal Status Law

The Legal Clinic is More Than a Sign on the Door: Transforming Law School Education in Revolutionary Egypt

Wed, 24 Oct 2018 00:00:00 +0000

The Legal Clinic is More Than a Sign on the Door: Transforming Law School Education in Revolutionary Egypt

Restorative Justice in Islam: Should Qisas Be Considered a Form of Restorative Justice?

Wed, 24 Oct 2018 00:00:00 +0000

Restorative Justice in Islam: Should Qisas Be Considered a Form of Restorative Justice?

Silencing the Arab Spring with Co-opted Counterterrorism

Wed, 24 Oct 2018 00:00:00 +0000

Silencing the Arab Spring with Co-opted Counterterrorism

Judicial Reform in Afghanistan: Towards a Holistic Understanding of Legitimacy in Post-Conflict Societies

Wed, 24 Oct 2018 00:00:00 +0000

Judicial Reform in Afghanistan: Towards a Holistic Understanding of Legitimacy in Post-Conflict Societies