Digital Commons Network^™

Piecemeal Harmonisation Through The Damages Directive? Remarks On What Received Too Little Attention In Relation To Private Enforcement Of Eu Competition Law, Anna Piszcz

Yearbook of Antitrust and Regulatory Studies

On 11 June 2013, the European Commission adopted a package of measures to tackle the lack of an efficient and coherent private enforcement system of EU competition law in its Member States. In particular, a draft Damages Directive was proposed in order to meet the need for a sound European approach to private enforcement of EU competition law in damages actions. The Damages Directive was ultimately adopted on 26 November 2014. This paper explores some aspects of private antitrust enforcement which have not received sufficient attention from the EU decision-makers during the long preparatory and legislative works preceding the Directive. …

Access To Documents In Antitrust Litigation – Eu And Croatian Perspective, Vlatka Butorac Malnar

Yearbook of Antitrust and Regulatory Studies

The paper analyses access to documents in cartel-based damages cases from the EU and Croatian perspective. It considers all relevant EU and Croatian legislation and case-law primarily focusing on the expected impact of the newly enacted Damages Directive. It is argued that the new rules on access to documents provided by the Directive will not necessarily have a significant impact on damages proceedings following cartel decisions issued by the Commission. This is due to the introduction of an absolute ban on the disclosure of leniency statements and settlement submissions via a ‘maximum harmonization’ rule. This conclusion is drawn from statistic …

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 …

Antitrust Damages Actions In Ukraine: Current Situation And Perspectives, Anzhelika Gerasymenko, Nataliia Mazaraki

Yearbook of Antitrust and Regulatory Studies

The article gives an overview of Ukrainian legislation and experiences concerning antitrust damages actions. The analysis has led to a number of conclusions: private claims are rare in Ukraine due to difficulties in obtaining evidence, high legal costs, and lacking confidence in the Ukrainian court system. The paper gives examples of Ukrainian private antitrust enforcement practice and provides a statistical analysis of the dynamics of ‘compensated’ damages caused by antitrust infringements in Ukraine. The value of ‘compensated’ damages is compared to the value of the economic effect of stopping antitrust infringements, as well as to the value of the overall …

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

Catholic University Journal of Law and Technology

No abstract provided.

The Defend Trade Secrets Act Of 2015, S. 1890, H.R. 3326, 114th Congress (2015), Joseph K.C. Doukmetzian

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

Catholic University Journal of Law and Technology

No abstract provided.

Unaccompanied & Denied: Regional Legal Framework For Unaccompanied Minors Asylum Seekers (Umas), Rohaida Nordin, Jennifer Whelan, Saidatul Nadia Abd. Aziz, Meerah Deiwi Rajagopal

Indonesia Law Review

Unaccompanied minor asylum seekers are vulnerable and thus, provided special international law protections. However, in reality, they are being mistreated as illegal immigrants and on the receiving end of ethnic violence, discrimination, restrictions in enjoyment of their rights duly recognised by international human rights law. This article identifies legislative, policy and support mechanisms which encompass the minimum UMAS guardianship standards at international law and which are evidence-based from best practice models for the provision of guardians for UMAS internationally. It presents situation of UMAS in relation to human rights violations with emphasis on the legal framework and practices in Australia …

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 …

Pengaruh Strategi Pembelajaran Problem Based Learning Dan Inkuiri Terbimbing Terhadap Keterampilan Metakognitif, Berpikir Kritis, Dan Hasil Belajar Kognitif Siswa Sma, Riski Fitriyani, Aloysius Duran Corebima, Ibrohim Ibrohim

Jurnal Pendidikan Sains

The purpose of this study is to determine the effect of Problem Based Learning (PBL) strategy and guided inquiry towards metacognitive skills, critical thinking, and cognitive learning outcomes students. This research uses an experimental class that uses Problem Based Learning (PBL) strategy and guided inquiry, and class control using conventional learning strategy. Analysis of data using Anacova after normality and homogeneity test carried out. The results showed that: (1) Problem Based Learning (PBL) strategy influenced the metacognitive skills of students at SMAN Ambulu-Jember, (2) Problem Based Learning (PBL) strategy to influence critical thinking of students at SMAN Ambulu-Jember, (3) Problem …

Hubungan Keterampilan Metakognitif Dan Kemampuan Berpikir Kritis Dengan Hasil Belajar Biologi Siswa Sma Dalam Pembelajaran Problem Based Learning (Pbl), Eva Nurul Malahayati, Aloysius Duran Corebima, Siti Zubaidah

Jurnal Pendidikan Sains

The objectives of this study are to analyze: (1) the correlation of metacognitive skill and critical thinking ability with biology student learning outcomes experiencing study of Problem Based Learning, and (2) the contribution of metacognitive skill and critical thinking ability towards students’ Biology learning outcomes. Data analysis by double linear regression technique showed that: (1) there is a correlation between metacognitive skill and critical thinking ability with biology student learning outcomes, and (2) the critical thinking ability give more contribution than metacognitive skill toward students’ Biology learning outcomes.

Pengembangan Perangkat Pembelajaran Ipa Terpadu Berbasis Salingtemas Dan Inkuiri Terbimbing Untuk Membentuk Pemahaman Terintegrasi Peserta Didik Smp, Laila Khusnah, Ibrohim Ibrohim, Abdul Ghofur

Jurnal Pendidikan Sains

This research aims at (1) producing the science instructional materials for SMP based on salingtemas and guided inquiry to build the integrated understanding; (2) discovering the validity and reliability levels of the instructional materials, namely Syllabus, Lesson Plans (RPP), Assessment Instruments, and Students’ Worksheet (LKPD). This research used development research design 4D model suggested by Thiagarajan and limited only to the development level. The developed instructional materials are validated by the expert of instructional materials, the expert in the subject, the science teacher, then, the learning device tested on eight graders of SMPN 2 Jember to discover the readability of …

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 …

Perilaku Anomali Pasar Atas Akrual Konformitas Akuntansi-Pajak Dalam Konteks Modernisasi Sistem Perpajakan Di Indonesia, Sigit Wahyu Kartiko, Hilda Rossieta, Ratna Wardhani

Jurnal Akuntansi dan Keuangan Indonesia

This study aims to analyze the impact of modernization of taxation system and amendment of income tax law on the components of the book-tax conformity accruals, whether there are any differences in the earnings persistence of book-tax conformity accruals (which have higher tax conformity) and book-only accruals (which have lower tax conformity). This study also demonstrates whether the market anomalies occur on those accruals component in the context of taxation in Indonesia. By using 1.729 observations over the years of 2002-2014, this study shows that strategy in book-tax conformity accruals is generally income increasing, while strategy in book-only accruals is …

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

Is It Worthless To Be "Worth Less"? Ending The Exemption Of People With A Disability From The Federal Minimum Wage Under The Fair Labor Standards Act Notes, Alanna Sakovits

City University of New York Law Review

No abstract provided.

Selection Signatures In Four Lignin Genes From Switchgrass Populations Divergently Selected For In Vitro Dry Matter Digestibility, Shiyu Chen, Shawn M. Kaeppler, Kenneth P. Vogel, Michael D. Casler

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

Switchgrass is undergoing development as a dedicated cellulosic bioenergy crop. Fermentation of lignocellulosic biomass to ethanol in a bioenergy system or to volatile fatty acids in a livestock production system is strongly and negatively influenced by lignification of cell walls. This study detects specific loci that exhibit selection signatures across switchgrass breeding populations that differ in in vitro dry matter digestibility (IVDMD), ethanol yield, and lignin concentration. Allele frequency changes in candidate genes were used to detect loci under selection. Out of the 183 polymorphisms identified in the four candidate genes, twenty-five loci in the intron regions and four loci …

Ethical Discourse And Narrative Strategies In Yan's老师，好美 (To My Teacher, With Love), Zhuo Wang

CLCWeb: Comparative Literature and Culture

In her article "Ethical Discourse and Narrative Strategies in Yan's老师，好美 (To My Teacher, with Love)" Zhuo Wang discusses the way in which narrative converges with ethics at the site of a radical "ethical environment" in Geling Yan's novel. Wang focuses on how the novel's first-person confessional narration, third-person reflective narration, and online narration dialogue with and interrogate one another working together to bring forth Yan's reconsideration of the ethical dimensions of her text. Wang argues that the novel's personal and social ethics are embodied multiple narrative voices which altogether reflect on the close relationship between novels and ethical discourse …

Selected Bibliography For The Study Of Fiction And Ethics, Wenying Jiang

CLCWeb: Comparative Literature and Culture

No abstract provided.

Human Cloning As The Other In Ishiguro's Never Let Me Go, Wen Guo

CLCWeb: Comparative Literature and Culture

In her article "Human Cloning as the Other in Ishiguro's Never Let Me Go" Wen Guo analyzes Kazuo Ishiguro's novel with focus on Ishiguro's analogy between human cloning and people of marginality in contemporary society. Guo discusses the novel's ambience of doubt and suspense and elaborates on how the theme of otherness is addressed by Ishiguro's mock-realism in a landscape of science fiction. Further, Guo analyses the "unhomely" Hailsham of the novel, the clones' self-pursuit, and their ethical attitudes. Guo argues that in Ishiguro's novel a person's ethical choices are determined by his/her situation which confirms Ishiguro's beliefs with …

The Murray Ledger And Times, December 31, 2015, The Murray Ledger And Times

The Murray Ledger & Times

No abstract provided.

Pengembangan Perangkat Pembelajaran Materi Dunia Tumbuhan Menggunakan Model Pembelajaran Inkuiri Terbimbing Untuk Siswa Sma, Ifa Muhimmatin, Ibrohim Ibrohim, Muhammad Amin

Jurnal Pendidikan Sains

The research aim is to produce a competent teaching material in the subject of Plantae regnum with guided inquiry model for ten graders of SMAN 1 Ngunut. 4D development models from Thiagarajan was used. Teaching materials were validated and applied to students in ten graders of SMAN 1 Ngunut. The assessing result of experts expressed that teaching’s material is valid. The result of development test in ten graders expressed that LKS and assessment are valid. Important note from development test was used to complete the quality of teaching’s material.

Pengungkapan Emisi Gas Rumah Kaca, Kinerja Lingkungan, Dan Nilai Perusahaan, Dian Yuni Anggraeni

Jurnal Akuntansi dan Keuangan Indonesia

The objective of this study is to investigate the impact of greenhouse gas (GHG) emissions disclosure and environmental performance on firm value, and then it examines the role of environmental performance in moderating the relationship between them. The analysis of this study uses moderated regression analysis with panel data. The sample consists of firms that listed in PROPER’s rank and BEI for 2010-2013. Consistent with legitimacy and signaling theory, the results show that GHG emissions disclosure has a positive impact on firm value, while environmental performance does not, except for the gold rank. Then, the PROPER’s rank that is a …

The Impact Of Governance Structure On The Port Performance : A Case Of Durban Port, Tshepiso Mokone

World Maritime University Dissertations

No abstract provided.

Startup Elsewhere, Michaela Ross

Capstones

Immigrants have made outsized contributions to American innovation and entrepreneurship, but the headwinds they face in the U.S. are now driving them to return to their native countries to startup their tech companies.

U.S. immigrants make up only 13% of the country’s overall population, but they have filed over a quarter of the country’s global patent applications, won a third of America’s Nobel prizes in the sciences in the last hundred years and make up over half of all computer science Ph.D. students in U.S. universities. Immigrants also build businesses at twice the rate of native-born Americans, and over the …

The Long Road Back, Brooke Williams

Capstones

This project is a documentary film about the criminal case of Lorenzo Johnson. Johnson was convicted of a murder in the mid-90s and sentenced to life imprisonment in the state of Pennsylvania. Johnson has always maintained his innocence. In 2012, a federal appeals court sided with Johnson and released him. He returned to his home state of New York to speak out against wrongful convictions. However, less than 6 months later, the Supreme Court decided Johnson's original conviction should be upheld and he was forced to return to prison to serve the remainder of his life without the possibility of …

Technical Efficiency Levels Of Rural Banks (Bprs) In West Java: A Stochastic Frontier Approach, Putu Natih

Economics and Finance in Indonesia

There is considerable evidence from around the world to support the idea that access to formal financial services is a key factor towards achieving poverty alleviation. The government of Indonesia has placed high importance on the issue of improved access to financial services and one feels that it would be appropriate to begin the process of analyzing effective financial inclusion initiatives with the existing Bank Perkreditan Rakyat (BPR) system. BPRs have long been an integral part of Indonesia's financial, economic, and social development. This research is focused on BPRs in West Java. In this research, the writer evaluates BPR performance …

Postmodern Exhibition Discourse: Anthropological Study Of An Art Display Case., Marta Wieczorek

All Works

The article studies tendencies in contemporary museum exhibitions and art display trends. While analysing current status quo of art in the museum context, it discusses the limitations of curatorial impact on the audience perception of the displayed objects. The paper presents a case study of a permanent museum exhibition with an added performance element. As argued in the article, such approach allows a stratified narrative and provokes a dialogue between the audience, performers, and curators, fully reflecting postmodern polyphonic tendency. The aim of the article is to comment on postmodern trends in museology, the status of the displayed art (object), …

The Proposed Restatement (Fourth) Of The Foreign Relations Law Of The United States: Treaties—Some Serious Procedural And Substantive Concerns, Leila Nadya Sadat

BYU Law Review

No abstract provided.