Digital Commons Network^™

Secundum Civilis: The Constitution As An Enlightenment Code, Derek Warden

Journal of Civil Law Studies

The American Constitution has been the subject of heated debate since its formation. This article simply introduces a new argument. It suggests that there exists a “form”1 of an Enlightenment era code, which is met by the Constitution, and that the requirements of this form can be derived from inspection of the three great codes of the time: the Prussian, the Austrian, and the French. It further notes that these requirements are (1) Roman law influence; (2) natural law influence; and (3) that they perform the same functions—they abrogate the prior laws on their respective subjects and they are “complete” …

Louisiana Property Law—The Civil Code, Cases And Commentary, Yaëll Emerich

Journal of Civil Law Studies

No abstract provided.

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

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

Transportation Alliance Bank, A Utah Banking Corporation, Plaintiff/Appellee, Vs. International Confections Company, Llc, An Ohio Limited Liability Company; Ng Acquisition, Llc, An Ohio Limited Liability Company; And Michael D. Ryan, And Individual, Defendants/Appellants, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the Third District Court, Salt Lake county, State of Utah The Hon. Laura S. Scott, Civil No. 140907314

A Sufficiency-Of-The-Evidence Exception To The New York Appellate Preservation Rule, Matthew Bova

City University of New York Law Review

No abstract provided.

When Judges Don't Follow The Law: Research And Recommendations, Michele Cotton

City University of New York Law Review

No abstract provided.

Radtalks: What Could Be Possible If The Law Really Stood For Black Lives?, Purvi Shah, Colette Pichon Battle, Vincent Warren, Alicia Garza, Elle Hearns, Carl Williams, Norris Henderson, Umi Selah, Maurice Mitchell

City University of New York Law Review

A Series of Talks Delivered at the Law for Black Lives Convening, Organized by the Bertha Justice Institute at the Center for Constitutional Rights

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.

Clean Bill Of Lading In Contract Of Carriage And Documentary Credit: When Clean May Not Be Clean, Časlav Pejović

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

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

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 …

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 …

Directive On Antitrust Damages Actions And Current Changes Of Slovak Competition And Civil Law, Ondrej Blazo

Yearbook of Antitrust and Regulatory Studies

Slovak competition law enforcement can be characterized by infrequency of leniency applications and near absence of private enforcement. As a result, the adoption of the Damages Directive is not likely to cause substantial breakthrough in Slovakia, be it with respect to the rate of leniency applications or in private enforcement. A comprehensive amendment of Slovak competition law took place in 2014. Changes introduced therein reflected, among other things, the practice of the European Commission regarding access to its file. A new approach was also introduced towards damages claims submitted against leniency applicants. The paper will first consider the question whether …

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.

Front Matter

Journal of Digital Forensics, Security and Law

No abstract provided.

Back Matter

Journal of Digital Forensics, Security and Law

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 …

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

Faculty Scholarship

No abstract provided.

Modelling And Simulation Of Surface Plasmonic Resonance In Photonic Crystal Fiber / Rifat Ahmmed Aoni, Ahmmed Aoni Rifat

Student Works (2010-2019)

Surface Plasmon Resonance (SPR) refers to the coupling between the electromagnetic wave and the surface plasmonic wave (SPW) on the surface between a metal and a dielectric medium. Since last decade, the SPR behavior is widely applied in prism based SPR sensor, which is bulky and not suitable for remote monitoring applications. To overcome this limitation, photonic crystal fiber (PCF) based SPR sensor had attained great attention with the advantages of easily launching light through the fiber, small-size and design flexibility. To establish the SPR phenomena, metal deposition is necessary. Nowadays, in most of the PCF-SPR sensors, metal is selectively …

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

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF THE APPELLEE

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

State Of Utah, Appellee, V. Victoria Fanton, Appellant : Reply Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from a jail sentence as a term of probation on convictions for second-degree felony robbery and third-degree felony possession of a controlled substance in the Fifth Judicial district, Iron ocunty, the Honorable Keith C. Barnes presiding