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Volume V Issue 1 (January 2018)

1. Updating the Law of Trade Secrets in Saudi Arabia, Wahj Wazzan, Attorney at Law

Saudi Arabia is an Arab sovereign state which has been a member of WTO since 2005. Islam is the official religion and all laws must be compatible with the religion of Islam to enforce a rule in the country. Although Islam has never addressed intellectual property rights nor judicial remedies in the event of misappropriation, Islam is utterly reconcilable with providing protection regarding IP rights; specifically, trade secrets. Notwithstanding the new vision to become a developed country and lessen its dependency on oil, Saudi Arabia lacks an effective protection concerning trade secrets despite the considerable reliance by businesses on the law of trade secrets due to the fact that companies are facing a daily threat of losing the competitive edge. Some of the deficiencies in Saudi Arabia are unclear definition of trade secrets, the absence of cause of action, and inequitable remedies. For that reason, this article suggests ameliorating and amending the law of trade secrets in Saudi Arabia to provide secret owners with an advanced, efficient legal mechanism of safeguarding trade secrets. 

2. Breaking Perception of Islamic Monolithism, Fateman Elbader, Emory University

One of the biggest misconceptions about Islam is that Islam is the same everywhere. Contrary to much of the western thoughts that presuppose Islam to be a monolithic religion, Islam is extremely diverse. Even within unified Muslim communities, beliefs differ because Islam allows for each Muslim individual to choose his or her path to righteousness. While Islam sets the principles to be achieved, one is free to choose how they will be achieved. When considering the community at large, the variations of how Islam is practiced from one Muslim country to another can further illustrate the differences that exist among them.

In celebrating the diversity that exists in Islam, this paper will look at one example of an inherently Muslim practice that is treated differently across different Muslim jurisdictions: the practice of polygamy. In doing so, this paper will conclude that Islam is a religion of interpretation and is subject to cultural and historical influences. Treating the Muslim community as homogenous peoples is, therefore, unwarranted, as this paper will soon prove.

3. Reform of Judicial Independence Rules in Egypt, Sham Al Din Al Hajjaji, Independent Scholar, Egypt

This paper argues that judicial independence role in Egypt lacks any form of checks and balance, which reinstate the role of judicial autonomy over judicial independence. The judicial independence is a debatable issue in the contemporary history in Egypt. Judges, lawyers and activist called for judicial reform after the success of the 2011 Revolution. The paper proposes the Egyptian concept of judicial independence which reflects an understanding of autonomy rather than independence. There is a clear lack of understanding of checks-and-balance in theory and practice of judicial independence. The question of separation of powers and between the judiciary, the legislative and the executive imposes a call for reform for the role of the Minister of Justice, the Judicial Inspection Department, and the president of the primary court over judges. As a result, the research answers several questions regarding the formulation, organization and separation of power in the Egyptian judiciary.   

Comment:

4. Progressivism Agenda in Argentina, Denmark, United States by Maitte Barrientos, St. Thomas University School of Law

This comparative analysis is based on studies conducted in the United States, Argentina and Denmark. I initially chose these three countries because they are industrialized nations with an ever-growing number of transgender people looking to develop their rights. This study was undertaken with the primary goal of providing a comprehensive comparison of policy processes and change in the United States, Argentina and Denmark, particularly in the areas of health care accessibility and political rights. The secondary purpose of this study is to highlight the United States’ relatively slow progress in implementing timely, effective laws to protect a growing group of vulnerable individuals who deserve access to adequate legal protection.


 

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