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2015

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Cover, Masthead & Contents Dec 2015

Cover, Masthead & Contents

Journal of Civil Law Studies

No abstract provided.


Invitation Au Voyage, Olivier Moréteau Dec 2015

Invitation Au Voyage, Olivier Moréteau

Journal of Civil Law Studies

No abstract provided.


Transatlantic Intercultural Legal Communication In The 19th Century: K.J.A. Mittermaier And The Schmidt Brothers, Carl And Gustavus, Kjell A. Modéer Dec 2015

Transatlantic Intercultural Legal Communication In The 19th Century: K.J.A. Mittermaier And The Schmidt Brothers, Carl And Gustavus, Kjell A. Modéer

Journal of Civil Law Studies

No abstract provided.


“Against Interpretation”? On Global (Non-)Law, The Breaking-Up Of Homo Juridicus, And The Disappearance Of The Jurist, Luca Siliquini-Cinelli Dec 2015

“Against Interpretation”? On Global (Non-)Law, The Breaking-Up Of Homo Juridicus, And The Disappearance Of The Jurist, Luca Siliquini-Cinelli

Journal of Civil Law Studies

This paper investigates the nullification of homo juridicus and the vanishing of the jurist in relation to the liberal global-order project and the emergence and spread of soft-networked channels of post-national governance. By inquiring into the shift from the individual’s active will to the sterile behavioural schemes prompted by the universalisation of liberalism and economic analysis of social interactions, it will be argued that the jurist and the (rule of) law are no longer needed in a post-national system of rational and mechanic causations. Through an analysis of Susan Sontag’s and Josef Esser’s accounts for and against the interpretative task, …


Dictionary Of The Civil Code, Jean-Claude Gémar Dec 2015

Dictionary Of The Civil Code, Jean-Claude Gémar

Journal of Civil Law Studies

No abstract provided.


James Robert Rawcliffe, Plaintiff And Appellant, V. Robert Anciaux. Et Al., Defendants And Appelles, Utah Court Of Appeals Dec 2015

James Robert Rawcliffe, Plaintiff And Appellant, V. Robert Anciaux. Et Al., Defendants And Appelles, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

On appeal from the Third District Court, Salt Lake County, State of Utah The Honorable Heather Brereton, District Court No. 140905252


Expectations Of The Exemplar: An Exploration Of The Burdens On Public School Teachers In The Absence Of Tenure, Jacqueline A. Meese Dec 2015

Expectations Of The Exemplar: An Exploration Of The Burdens On Public School Teachers In The Absence Of Tenure, Jacqueline A. Meese

City University of New York Law Review

No abstract provided.


Private Antitrust Enforcement: A New Era For Collective Redress?, Sofia Oliveira Pais Dec 2015

Private Antitrust Enforcement: A New Era For Collective Redress?, Sofia Oliveira Pais

Yearbook of Antitrust and Regulatory Studies

It will be argued in this article that the EU Recommendation on common principles for collective redress might have limited impact on the field of competition law due to: several uncertainties regarding the legal standing in class actions; difficulties in their funding; and the risk of forum shopping with cross-border actions. Neverthe-less, Belgium and Great Britain have recently introduced class actions into their national legal systems and addressed some of the difficulties which other Member States were experiencing already. It will also be suggested that the Portuguese model – the ‘Popular Action’ – and recent Portuguese practice may be considered …


Harmonising Private Enforcement Of Competition Law In Central And Eastern Europe: The Effectiveness Of Legal Transplants Through Consumer Collective Actions, Katalin J. Cseres Dec 2015

Harmonising Private Enforcement Of Competition Law In Central And Eastern Europe: The Effectiveness Of Legal Transplants Through Consumer Collective Actions, Katalin J. Cseres

Yearbook of Antitrust and Regulatory Studies

The aim of this paper is to critically analyze the manner of harmonizing private enforcement in the EU. The paper examines the legal rules and, more importantly, the actual enforcement practice of collective consumer actions in EU Member States situated in Central and Eastern Europe (CEE). Collective actions are the key method of getting compensation for consumers who have suffered harm as a result of an anti-competitive practice. Consumer compensation has always been the core justification for the European Commission’s policy of encouraging private enforcement of competition law. In those cases where collective redress is not available to consumers, or …


Collecting Evidence Through Access To Competition Authorities’ Files – Interplay Or Potential Conflicts Between Private And Public Enforcement Proceedings?, Anna Gulińska Dec 2015

Collecting Evidence Through Access To Competition Authorities’ Files – Interplay Or Potential Conflicts Between Private And Public Enforcement Proceedings?, Anna Gulińska

Yearbook of Antitrust and Regulatory Studies

Information asymmetry between claimants seeking damages for competition law violations and the alleged infringing undertaking(s) is a key problem in the development of private antitrust enforcement because it often prevents successful actions for damages. The Damages Directive is a step forward in the facilitation of access to evidence relevant for private action claims. Its focus lies on, inter alia, 3rd party access to files in proceedings conducted by national competition authorities (NCAs). The harmonization was triggered by the inconsistencies in European case-law and yet the uniform rules on access to documents held in NCAs’ files proposed in the Damages Directive …


The Interaction Of Public And Private Enforcement Of Competition Law In Lithuania, Rimantas Antanas Stanikunas, Arunas Burinskas Dec 2015

The Interaction Of Public And Private Enforcement Of Competition Law In Lithuania, Rimantas Antanas Stanikunas, Arunas Burinskas

Yearbook of Antitrust and Regulatory Studies

This paper provides a study of the interaction between public and private enforcement of Lithuanian antitrust law. The study refers to the Damages Directive. It has been found that private enforcement depends greatly on public enforcement of competition law. Therefore, their compatibility and balance are of great importance to antitrust policy. The Lithuanian NCA prioritises cases where an economic effect on competition does not have to be proven. This creates uncertainty about the outcome of private enforcement cases. Private enforcement in Lithuania is also in need of detailed rules on the identification of harm and causality. The analysis reveals how …


Submarine Cables, Cybersecurity And International Law: An Intersectional Analysis, Tara Davenport Dec 2015

Submarine Cables, Cybersecurity And International Law: An Intersectional Analysis, Tara Davenport

Catholic University Journal of Law and Technology

No abstract provided.


Oracle America, Inc. V. Google, Inc.,750 F.3d 1339 (Fed. Cir. 2014), Cert. Denied: Ideas, Methods, And Expression - Whose Innovation Is Protected?, Christopher J. Geissler Dec 2015

Oracle America, Inc. V. Google, Inc.,750 F.3d 1339 (Fed. Cir. 2014), Cert. Denied: Ideas, Methods, And Expression - Whose Innovation Is Protected?, Christopher J. Geissler

Catholic University Journal of Law and Technology

No abstract provided.


Explaining Crimmigration In Indonesia: A Discourse Of The Fight Against People Smuggling, Irregular Migration Control, And Symbolic Criminalization, Anugerah Rizki Akbari Dec 2015

Explaining Crimmigration In Indonesia: A Discourse Of The Fight Against People Smuggling, Irregular Migration Control, And Symbolic Criminalization, Anugerah Rizki Akbari

Indonesia Law Review

Controlling migration in the world's largest archipelago brings various challenges to Indonesian authorities that differ from other countries. The difficulties become even more complicated since Indonesia has been known as the most favorite transit country for people who want to migrate to Australia due to its strategic geographical location, which is situated between the continents of Asia and Australia and between the Pacific and Indian oceans. Following this, the decision of choosing the mechanism of criminal law to deal with irregular migration from the start leads Indonesia to its acknowledgment as a country who is vulnerable to the trend of …


Pricing Disintermediation: Crowdfunding And Online Auction Ipos, A. Christine Hurt Dec 2015

Pricing Disintermediation: Crowdfunding And Online Auction Ipos, A. Christine Hurt

Faculty Scholarship

No abstract provided.


Comunicado Relativo Às Demonstrações Financeiras Do Bes A 31 De Dezembro De 2015, Banco Espirito Santo Dec 2015

Comunicado Relativo Às Demonstrações Financeiras Do Bes A 31 De Dezembro De 2015, Banco Espirito Santo

Documents

No abstract provided.


Proses Berpikir Mahasiswa Dalam Mengonstruksi Konsep Komposisi Fungsi, Sudirman Sudirman, Subanji Subanji, Akbar Sutawidjaja, Makbul Muksar Dec 2015

Proses Berpikir Mahasiswa Dalam Mengonstruksi Konsep Komposisi Fungsi, Sudirman Sudirman, Subanji Subanji, Akbar Sutawidjaja, Makbul Muksar

Jurnal Pendidikan Sains

The aim of this study was to describe the thought processes of students in constructing the concept of function composition. The subjects were students of the 2nd half of the course Basic Mathematics II. There are 9 students who were asked to complete the one-time function composition written and simultaneously saying out loud what they think. Furthermore, six students have been selected as subjects. Selection of subject considers their communication skills. From this research, it is found three types of the description of thought processes of students, namely: construction complete thinking structure type, construction complete pseudo-thinking structure type, and incomplete …


Benjamin Arriaga, Petitioner And Appellant, V. State Of Utah, Respondent And Appellee. : Brief Of Appellant, Utah Court Of Appeals Dec 2015

Benjamin Arriaga, Petitioner And Appellant, V. State Of Utah, Respondent And Appellee. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF THE APPELLANT

On appeal from the Third Judicial District Court, Salt Lake County,
Honorable Charlene Barlow, District Court No. 120404690

Mr. Arriaga is currently incarcerated.

ORAL ARGUMENT REQUESTED


Andrea P. Lindstrom, Petitioner/Appellant, V. Custom Floor Covering, Inc. Dba Carpets Of America, Inc., Respondent/Appellee. : Brief Of Appellee, Utah Court Of Appeals Dec 2015

Andrea P. Lindstrom, Petitioner/Appellant, V. Custom Floor Covering, Inc. Dba Carpets Of America, Inc., Respondent/Appellee. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF THE APPELLEE

Appeal from the First District Court, Cache County, Judge Thomas L. Willmore


Eagle Mountain City, Plaintiff/Appellant, Vs. Parsons Kinghorn & Harris, A Professional Corporation, Defendant/Appellee, Utah Court Of Appeals Dec 2015

Eagle Mountain City, Plaintiff/Appellant, Vs. Parsons Kinghorn & Harris, A Professional Corporation, Defendant/Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

On Appeal from a Judgment of the Fourth District Court of Utah County Honorable James Brady Presiding


Robben Ann Oldroyd, Petitioner/Appellant, V. Farrell Lynn Oldroyd, Respondent/Appellee. : Brief Of Appellant, Utah Court Of Appeals Dec 2015

Robben Ann Oldroyd, Petitioner/Appellant, V. Farrell Lynn Oldroyd, Respondent/Appellee. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Brief of Appellant

Appeal from Judgment Entered by the Second Judicial District Court,
Honorable Noel S. Hyde


State Of Utah, Plaintiff/Appellee, V. Johnny Brickman Wall, Defendant/Appellant : Brief Of Appellee, Utah Court Of Appeals Dec 2015

State Of Utah, Plaintiff/Appellee, V. Johnny Brickman Wall, Defendant/Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Brief of Appellee

Appeal from conviction for murder, a first degree felony, in the
Third Judicial District, Salt Lake County, the Honorable James
T. Blanch presiding


Front Matter Dec 2015

Front Matter

City University of New York Law Review

No abstract provided.


How Women's Organizations Are Changing The Legal Landscape Of Reproductive Rights In Latin America, Fabiola Carrión Dec 2015

How Women's Organizations Are Changing The Legal Landscape Of Reproductive Rights In Latin America, Fabiola Carrión

City University of New York Law Review

No abstract provided.


End Matter, Vol. 75 No. 4 Dec 2015

End Matter, Vol. 75 No. 4

Western North American Naturalist

No abstract provided.


2015 Final Report: Status Of The Arizona Toad (Anaxyrus Microscaphus) In New Mexico, Mason J. Ryan, Ian M. Latella, Jacek Tomasz Giermakowski, Howard L. Snell Dec 2015

2015 Final Report: Status Of The Arizona Toad (Anaxyrus Microscaphus) In New Mexico, Mason J. Ryan, Ian M. Latella, Jacek Tomasz Giermakowski, Howard L. Snell

Biology Faculty & Staff Publications

In 2013, we initiated a field study to assess the status of the Arizona Toad (Anaxyrus microscaphus) in New Mexico. Herein we provide the results of three years (2013-2015) of range-wide population monitoring, a review of threat assessments, and several contributions to the basic ecology of the Arizona Toad in New Mexico. This work highlights the sensitivity of the species to abiotic factors and emphasizes the nature of annual population fluctuations in a variable environment. We provide analyses of environmental factors that influence toad reproductive behaviors, employ occupancy and detection modeling at breeding sites, and provide analyses of tadpole habitat …


Research News. Publications, 2015. Volume 2, University Of Mississippi. School Of Pharmacy, Soumyajit Majumdar Dec 2015

Research News. Publications, 2015. Volume 2, University Of Mississippi. School Of Pharmacy, Soumyajit Majumdar

Publications (2015-)

Publications that appeared during the period July 1 through December 15, 2015


Ethical Dilemma And Nihilism In Munro's "Passion", Xiying Liu, Hongbin Dai Dec 2015

Ethical Dilemma And Nihilism In Munro's "Passion", Xiying Liu, Hongbin Dai

CLCWeb: Comparative Literature and Culture

In their article "Ethical Dilemma and Nihilism in Munro's 'Passion'" Xiying Liu and Hongbin Dai discuss ethical issues in Alice Munro's short story "Passion." When attempting to escape the shackles of multiple ethical identities, the short story's protagonist Grace encounters dilemmas and in consequence makes wrong decisions with regard to the principle of ethics. The other protagonist of the story, Neil, commits suicide demonstrating that he breaks off all relationship with the world. Liu and Dai argue that Neil's death deconstructs Grace's ethical dilemmas and thus the narrative constructs a sense of nihilism. Liu and Dai posit that Munro's short …


Luo’S Ethical Experience Of Growth In Mo Yan's Pow!, Zhenzhao Nie Dec 2015

Luo’S Ethical Experience Of Growth In Mo Yan's Pow!, Zhenzhao Nie

CLCWeb: Comparative Literature and Culture

In his article "Luo's Ethical Experience of Growth in Mo Yan's Pow!" Zhenzhao Nie examines the protagonist's experience of self-discovery in the process of natural to ethical choice. Nie's analysis of the novel rests on the theoretical framework "ethical literary criticism" he developed. In the novel Luo's life is narrated in retrospect when he is attempting to become the disciple of a monk and al-though Luo does not find what he is searching for in religion, he arrives at a new stage in his life which is based on ethical principles. The young Luo is unable to make …


Ethical Dilemma And Ethical Epiphany In Mcewan’S The Children Act, Biwu Shang Dec 2015

Ethical Dilemma And Ethical Epiphany In Mcewan’S The Children Act, Biwu Shang

CLCWeb: Comparative Literature and Culture

In his article "Ethical Dilemma and Ethical Epiphany in McEwan's The Children Act" Biwu Shang attempts to explore the ethical nature of the child's welfare in Ian McEwan's novel. Shang examines the various legal cases processed by the British High Court judge Fiona Maye and the blood transfusion case of Adam Henry in particular. Shang argues that Maye adopts ethical criteria throughout the cases she deals with. More significantly, Adam's blood transfusion case and his consequential death lead Maye to her ethical epiphany related to the child's welfare: life is the fundamental welfare of the child and to protect …