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Giving Mental Culpability The Bird: How State V. Bird Secures The Presumption That Traffic Offenses Are Strict Liability, Jonathan R. Hornok, Mariah L. Hornok Jan 2015

Giving Mental Culpability The Bird: How State V. Bird Secures The Presumption That Traffic Offenses Are Strict Liability, Jonathan R. Hornok, Mariah L. Hornok

Jonathan R. Hornok

The Utah Supreme Court, in its recent opinion in State v. Bird (Bird II), 2015 UT 7, 345 P.3d 1141, has put to rest a decade’s long error in Utah Traffic Code case law. Overturning prior Utah Court of Appeals precedent in State v. Vialpando, 2004 UT App 95, 89 P.3d 209, and State v. Bird (Bird I), 2012 UT App 239, 286 P.3d 11, the high court declared that traffic offenses are presumed to be strict liability.


The Alternative Investment Market: Helping Small Enterprises Grow Public, Jonathan R. Hornok Jan 2015

The Alternative Investment Market: Helping Small Enterprises Grow Public, Jonathan R. Hornok

Jonathan R. Hornok

The Alternative Investment Market (“AIM”) of the London Stock Exchange is a twenty-year experiment in light securities regulation for small companies. The empirical literature shows that the AIM underperforms premier exchanges; however, this literature should not be taken as evidence that the AIM experiment is a failure, rather that the AIM serves a unique niche. In contrast to companies listing on premier exchange, those listing on the AIM do not undergo significant changes in ownership, control, and leverage after an initial public offering (“IPO”). Instead, these changes occur over time, if the company grows. This Article argues, based on the …