Digital Commons Network^™

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

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.

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.

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.

Climate Change And Forest Governance: Lessons From Indonesia, Birkah Latif

Indonesia Law Review

Climate change and forest governance have always been discussed between scholars, governments and all stakeholders who engage in the issues. Discussions have been arisen from time to time on how devastating the impacts of environment loss caused by the acts of people. These impacts have brought people and countries to see the problems more seriously and attentively.

Identification Of Arabidopsis Gpat9 (At5g60620) As An Essential Gene Involved In Triacylglycerol Biosynthesis, Jay Shockey, Anushobha Regmi, Kimberly Cotton, Neil Adhikari, John Bowse, Philip D. Bates

Faculty Publications

The first step in the biosynthesis of nearly all plant membrane phospholipids and storage triacylglycerols is catalyzed by a glycerol-3-phosphate acyltransferase (GPAT). The requirement for an endoplasmic reticulum (ER)-localized GPAT for both of these critical metabolic pathways was recognized more than 60 years ago. However, identification of the gene(s) encoding this GPAT activity has remained elusive. Here, we present the results of a series of in vivo, in vitro, and in silico experiments in Arabidopsis (Arabidopsis thaliana) designed to assign this essential function to AtGPAT9. This gene has been highly conserved throughout evolution and is …

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

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

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

Aaron Smith, Appellant, Vs. Rocio Smith, Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the fourth District Court, Utah County Judge Fred D. Howard From an Award of Fees, Costs and Expenses

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

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLANT

On appeal from the Third Judicial District Court, Salt Lake County,
Honorable James T. Blanch, District Court No. 131903972

Johnny Wall is incarcerated.

Oral Argument Requested

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

Richard Specht, Appellant, Vs. The Town Of Big Water, A Utah Municipal Corporation; Paul And Debbie Hyde, Individuals. Appellees. : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

REPLY BRIEF OF APPELLANT

Appeal from the Sixth Judicial
District Court, Kane County,
Hon. Wallace A. Lee
District Court No. 040600075

Salt Lake City, Plaintiff/Appellee V. Rafael Reyes-Gutierrez, Defendant/Appellant. : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

REPLY BRIEF OF APPELLANT

Appeal from a judgment of conviction for one count of Retail Theft, a class A
misdemeanor, in violation of Utah Code §76-6-602 in the Third Judicial District, in and
for Salt Lake County, State of Utah, the Honorable Vernice Trease, presiding.

Appellant is not incarcerated

Lavon G. Cox, Petitioner/Appellant, V. Utah Labor Commission, St. George Truss Co., And Workers Compensation Fund, Respondents/Appellees. : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

REPLY BRIEF OF APPELLANT

Petition for Review from the Order Affirming ALJ's Decision by the Labor
Commissioner of Utah

State Of Utah, Plaintiff/Appellee, V. Roy D. Taylor, Defendant/Appellant. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Brief of Appellee

Appeal from convictions for possessionof a controlled
substance with intent to distribute, a first degree felony, and
possession of drug paraphernalia, a class B misdemeanor, in
the Fourth Judicial District, Wasatch County, the Honorable
Roger W. Griffin presiding

State Of Utah, Plaintiff/Appellee, V. Billy Rohwedder, Defendant/Appellant. : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

REPLY BRIEF OF THE APPELLANT

Appeal from a conviction for theft by receiving stolen property, a second
degree felony, failing to stop at the command of a law enforcemente officer
a third degree felony and failure to signal, a class A misdemeanor, in the
Third District Court, State of Utah, the Honorable Elizabeth A. Hruby-
Mills, Judge, presiding.