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Articles 211 - 240 of 40799
Full-Text Articles in Entire DC Network
Defending Worldwide Taxation With A Shareholder-Based Definition Of Corporate Residence, J. Clifton Fleming Jr., Robert J. Peroni, Stephen E. Shay
Defending Worldwide Taxation With A Shareholder-Based Definition Of Corporate Residence, J. Clifton Fleming Jr., Robert J. Peroni, Stephen E. Shay
BYU Law Review
This Article argues that a principled, efficient, and practical definition of corporate residence is necessary even if some form of corporate integration is adopted, and that such a definition is a key element in designing either a real worldwide or a territorial income tax system as well as a potential restraint on the inversion phenomenon. The Article proposes that the United States adopt a shareholder-based definition of corporate residence that is structured as follows: 1. A foreign corporation is a U.S. tax resident for any year if fifty percent or more of its shares, determined by vote or value, was …
Inversions, Related Party Expenditures, And Source Taxation: Changing The Paradigm For The Taxation Of Foreign And Foreign-Owned Businesses, Julie A. Roin
BYU Law Review
The disconnect between the rules for the taxation of domestic businesses and foreign and foreign-owned businesses operating in the United States both diminishes the federal treasury and distorts taxpayer and business behavior. Yet bringing the sets of rules into closer coordination is no simple task. This Article examines many of the solutions proffered in the academic literature and details the difficulties and trade-offs that each entails.
Contracts And Automation: Exploring The Normativity Of Automation In The Context Of U.S. Contract Law And E.U. Consumer Protection Directives, Daniel Barnhizer
Contracts And Automation: Exploring The Normativity Of Automation In The Context Of U.S. Contract Law And E.U. Consumer Protection Directives, Daniel Barnhizer
Yearbook of Antitrust and Regulatory Studies
Given a choice between two systems of contract rules, a court or legislature may have a normative obligation to adopt the rule that is more susceptible to coding and automation. This paper explores the ramifications of that normative proposition through the lens of multiple contract doctrines that traditionally involve “messy” judgments or multiple interacting judgments regarding which human beings are – arguably – capable of making finely nuanced analyses. Using the common law doctrine of unconscionability and Polish Civil Code Article 385 on unfair terms in consumer contracts, this paper explores the differences between contract rules that require human analysis …
Effectiveness Of Judicial Review In The Polish Competition Law System And The Place For Judicial Deference, Maciej Bernatt
Effectiveness Of Judicial Review In The Polish Competition Law System And The Place For Judicial Deference, Maciej Bernatt
Yearbook of Antitrust and Regulatory Studies
The article discusses the effectiveness and the intensity of judicial review in the Polish competition law system. First, it studies whether the judicial review offered by the 1st instance Court of Competition and Consumer Protection in Warsaw (SOKiK) is effective in practice. Next, the article analyzes whether Polish courts tend to defer to the findings of the Polish competition authority, UOKiK. Judgments of the Supreme Court concerning relevant market definition serve as case studies. Finally, the article discusses whether proceedings before the Polish competition authority ensure sufficient due process guarantees, the impartiality of decision-makers, and the overall expert character of …
Competition Law And State Aid For Failing Banks In The Eu And Its Specific Implications For Cee Member States, Virag Blazsek
Competition Law And State Aid For Failing Banks In The Eu And Its Specific Implications For Cee Member States, Virag Blazsek
Yearbook of Antitrust and Regulatory Studies
The bank bailouts following the global financial crisis of 2008 have been subject to prior approval of the European Commission (EC), the competition authority of the European Union. The EC was reluctant to reject rescue efforts directed at failing banks and so it consistently approved all such requests submitted by Member States. Out of the top twenty European banks, the EC authorized State aid to at least twelve entities. In this context, the paper outlines the gradually changing interpretation of EU State aid rules, the “temporary and extraordinary rules” introduced starting from late 2008, and the extension of the “no-State …
A Note On 2015 Developments In Polish Competition Law: Is It Really A Drive Towards The European Model?, Anna Piszcz
A Note On 2015 Developments In Polish Competition Law: Is It Really A Drive Towards The European Model?, Anna Piszcz
Yearbook of Antitrust and Regulatory Studies
Modern Polish competition law has become highly regulated and codified over the twenty five years of its existence and this article will provide readers with information relating to its recent developments of 2015. Separate subsections present a review of provisions on remedies in infringement decisions as well as settlements. A considerable part of this paper is designed to outline the peculiarities that characterize Poland’s new provisions on fines. Further on, the paper introduces readers to newest trends in the area of concentration control between undertakings. In addition, an assessment of recent developments and suggestions for a further development of Polish …
What Role For Eu Competition Law In Regulated Industries? Reflections On The Judgment Of The General Court Of 17 December 2015 Orange Polska V European Commission (Case T-486/11), Sandra Marco Colino
What Role For Eu Competition Law In Regulated Industries? Reflections On The Judgment Of The General Court Of 17 December 2015 Orange Polska V European Commission (Case T-486/11), Sandra Marco Colino
Yearbook of Antitrust and Regulatory Studies
No abstract provided.
Guidance On The Limits For The Use Of Restrictive Clauses In Commercial Lease Agreements – Once Again On Restrictions “By Object”. Case Comment To The Preliminary Ruling Of The Court Of Justice Of 26 No-Vember 2015 Sia ‘Maxima Latvija’ V Konkurences Padome (Case C-345/14), Olga Stefanowicz
Yearbook of Antitrust and Regulatory Studies
No abstract provided.
Occupational Skin Cancer And Precancerous Lesions, Fifinela Raissa, Githa Rahmayunita, Sri Linuwih Menaldi, Dewi Soemarko
Occupational Skin Cancer And Precancerous Lesions, Fifinela Raissa, Githa Rahmayunita, Sri Linuwih Menaldi, Dewi Soemarko
Journal of General - Procedural Dermatology and Venereology Indonesia
Occupational skin cancer and precancerous lesions are skin disorders caused by exposure to chemical carcinogens such as polycyclic hydrocarbons and arsenic, or radiation, such as ultraviolet light and ionizing light in the workplace. Annual increase in skin cancer incidence is believed to be related to various factors such as frequent intense sunlight exposure (i.e. at work, recreational activities, and sun-tanning habit), ozone depletion, an increase in number of geriatric population, and an increase of public awareness in skin cancer. The most common occupational skin cancers are basal cell carcinoma, squamous cell carcinoma, and melanoma. Examples of occupational precancerous lesion of …
Neural Leprosy: A Case Report, Alida Widiawaty, Emmy Soedarmi Sjamsoe-Daili, Taruli Olivia, Sri Linuwih Menaldi, Melani Marissa, Fitri Octaviana
Neural Leprosy: A Case Report, Alida Widiawaty, Emmy Soedarmi Sjamsoe-Daili, Taruli Olivia, Sri Linuwih Menaldi, Melani Marissa, Fitri Octaviana
Journal of General - Procedural Dermatology and Venereology Indonesia
Neural leprosy is characterized by neurological deficit without skin lesions, with a prevalence ranging from 1% to 17.7%. Diagnosis might be difficult and need a multidisciplinary approach. This is a case of axonal type motor and sensory polyradiculoneuropathy of the peripheral facial nerve. A 26-year-old woman was referred from the neurology clinic with facial paralysis, suspected as leprosy. Physical examinations were as follows: no skin lesions, left eye lagophthalmos, thickening of right lateral peroneal and bilateral posterior tibial nerves, sensory impairment, peripheral bilateral facial palsy, and wasting of bilateral distal small muscles of the hands, with normal autonomic function. Nerve …
State Of Utah, Plaintiff/Petitioner, V Ahn Tuam Pham, Defendant/Petitioner, Utah Supreme Court
State Of Utah, Plaintiff/Petitioner, V Ahn Tuam Pham, Defendant/Petitioner, Utah Supreme Court
Utah Supreme Court Briefs (2000–2020)
On Writ of Certiorari to the Utah Court of Appeals
Richard M. La Jeunesse V. Utah, Utah Supreme Court
Richard M. La Jeunesse V. Utah, Utah Supreme Court
Utah Supreme Court Briefs (2000–2020)
In the Third District Court, in and for Salt Lake County, State of Utah; Respondent's Trial Brief
Everett P. Wilson Jr. And Darla Wilson, Appellees/Respondents, And Educators Mutual Insurance Association, Appellant/Petitioner, Vs. Cade M. Krueger, Defendant, Utah Supreme Court
Everett P. Wilson Jr. And Darla Wilson, Appellees/Respondents, And Educators Mutual Insurance Association, Appellant/Petitioner, Vs. Cade M. Krueger, Defendant, Utah Supreme Court
Utah Supreme Court Briefs (2000–2020)
From the Utah Court of Appeals February 25, 2016 ruling reversing the Final Decision of the Utah Fourth Judicial District Court
Fire Insurance Exchange, Respondent, Vs. Robert Allen Oltmanns, Petitioner., Utah Supreme Court
Fire Insurance Exchange, Respondent, Vs. Robert Allen Oltmanns, Petitioner., Utah Supreme Court
Utah Supreme Court Briefs (2000–2020)
Appeal from Judgment of the Utah Court of Appeals, 2016 UT App 54
Enervest, Ltd. Successor In Interest To Bill Barrett Corp., Appellant, Vs. Michael Carson, Appellee, Utah Supreme Court
Enervest, Ltd. Successor In Interest To Bill Barrett Corp., Appellant, Vs. Michael Carson, Appellee, Utah Supreme Court
Utah Supreme Court Briefs (2000–2020)
Appeal from a summary judgment of the Eighth District Court, Judge Samuel P. Chiara
Enervest, Ltd., Appellant, V. Utah State Engineer, And Michael Carlson, Appellees, Utah Supreme Court
Enervest, Ltd., Appellant, V. Utah State Engineer, And Michael Carlson, Appellees, Utah Supreme Court
Utah Supreme Court Briefs (2000–2020)
Appeal from the Eighth Judicial District Court, in and for Duchesne County, State of Utah, Honorable Judge Samuel P. Chiara, District Court Judge
Fire Insurance Exchange, Plaintiff And Appellee, V. Robert Allen Otmanns, Defendant And Appellant., Utah Supreme Court
Fire Insurance Exchange, Plaintiff And Appellee, V. Robert Allen Otmanns, Defendant And Appellant., Utah Supreme Court
Utah Supreme Court Briefs (2000–2020)
APPEAL FROM A JUDGMENT OF THE UTAH.COURT OF AFPEALS, 2016 UT App 54
Gorl:>Ondooglas Womack, Petitioner!Appellani,' Vs. , St:J\Cy Lee'. Womack Lea Vitt And Nicholle Womack }Ibndrjcksoni, Respo11dents/ Ap,Pellees., Utah Supreme Court
Gorl:>Ondooglas Womack, Petitioner!Appellani,' Vs. , St:J\Cy Lee'. Womack Lea Vitt And Nicholle Womack }Ibndrjcksoni, Respo11dents/ Ap,Pellees., Utah Supreme Court
Utah Supreme Court Briefs (2000–2020)
WRIT OF CERTIORARI·OF THE UTAH COURT OF APPEAL'S
Gordon Douglas Womack, Appellant/Petitioner V. Stacey Lee Womack Leavitt And Nicholle Womack Hendricksom, Respondents/Appellees : Brief Of Appellees, Utah Supreme Court
Gordon Douglas Womack, Appellant/Petitioner V. Stacey Lee Womack Leavitt And Nicholle Womack Hendricksom, Respondents/Appellees : Brief Of Appellees, Utah Supreme Court
Utah Supreme Court Briefs (2000–2020)
Writ of Certiorari of the Utah Court of Appeal's Opinion Affirming the Eighth Judicial District, Duchesne County The Honorable Samuel P. Chiara
State Of Utah, Plaintiff/Petitioner, V. Thomas Randall Ainsworth, Defendant/Respondent., Utah Supreme Court
State Of Utah, Plaintiff/Petitioner, V. Thomas Randall Ainsworth, Defendant/Respondent., Utah Supreme Court
Utah Supreme Court Briefs (2000–2020)
On Writ of Certiorari to the Utah Court of Appeals
Zions First Naitonal Bank, Plaintiff-Appelle, V. Shayne D. Crapo, Defendant-Appellant., Utah Supreme Court
Zions First Naitonal Bank, Plaintiff-Appelle, V. Shayne D. Crapo, Defendant-Appellant., Utah Supreme Court
Utah Supreme Court Briefs (2000–2020)
Appeal from the Third District Court, Salt Lake County, from an Order Granting Summary Judgment Before Honorable Barry Lawrence
Zions First Naitonal Bank, Plaintiff-Appelle, V. Shayne D. Crapo, Defendant-Appellant., Utah Supreme Court
Zions First Naitonal Bank, Plaintiff-Appelle, V. Shayne D. Crapo, Defendant-Appellant., Utah Supreme Court
Utah Supreme Court Briefs (2000–2020)
Appeal from the Third District Court, Salt Lake County, from an Order Granting Summary Judgment Before Honorable Barry Lawrence
2010-1 Radc/Cadc Venture, Llc, As Succesors In Interest Ot America West Bank, Plaintiff And Appelle, V. Dos Lagos, Llc, A Utah Limited Liability Company, Mellon Valley, Llc, A Utah Limitied Liability Company, Roland Neil Family Limited Partnership; Roland N. Walker, An Individual And Sally Walker, An Individual, Defendants And Appellants, Utah Supreme Court
Utah Supreme Court Briefs (2000–2020)
Appeal from the Utah Court of Appeals
State Of Utah, Plaintiff/Petitioner, V. James Christopher Mccallie, Defendant/Respondent., Utah Supreme Court
State Of Utah, Plaintiff/Petitioner, V. James Christopher Mccallie, Defendant/Respondent., Utah Supreme Court
Utah Supreme Court Briefs (2000–2020)
On Writ of Certiorari to the Utah Court of Appeals
Thomas D. Boyle, Respondent/Appellee V. Clyde Snow & Sessions, P.C., Petitioner/Appellant, Utah Supreme Court
Thomas D. Boyle, Respondent/Appellee V. Clyde Snow & Sessions, P.C., Petitioner/Appellant, Utah Supreme Court
Utah Supreme Court Briefs (2000–2020)
On Writ of Certiorari to the Utah Court of Appeals
Thomas D. Boyle, Respondent/Appellee V. Clyde Snow & Sessions, P.C., Petitioner/Appellant, Utah Supreme Court
Thomas D. Boyle, Respondent/Appellee V. Clyde Snow & Sessions, P.C., Petitioner/Appellant, Utah Supreme Court
Utah Supreme Court Briefs (2000–2020)
On Writ of Certiorari to the Utah Court of Appeals
Lisa Penunuri And Barry Siegwart, Plaintiffs/ Appellants, Vs. Sundance Partners, Ltd; Sundance Holdings, Llc; Sundance Development Corp; Robert Redford; Redford 1970 Trust; Rock Mountain Outfitters, L.C.; And Does I-X. Defendants And Appellees., Utah Supreme Court
Utah Supreme Court Briefs (2000–2020)
ON CERTIORARI FROM UTAH COURT OF APPEALS The Honorable Frederick Voros, Presiding
Kari L. Baumann, Plaintiff/Appellant, V. The Kroger Company Dba Smith's Pharmacy #40063; And Gregory P. Tayler, M.D., Defendants/Appellees, Utah Supreme Court
Kari L. Baumann, Plaintiff/Appellant, V. The Kroger Company Dba Smith's Pharmacy #40063; And Gregory P. Tayler, M.D., Defendants/Appellees, Utah Supreme Court
Utah Supreme Court Briefs (2000–2020)
APPEAL FROM UTAH COURT OF APPEALS AFFIRMING ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT AND ORDER OF FINAL JUDGMENT ENTERED IN THE FOURTH DISTRICT COURT, WASATCH COUNTY, STATE OF UTAH, THE HONORABLE FRED D. HOWARD PRESIDING ORAL ARGUMENT REQUESTED
Lisa Penunuri And Barry Siegwart, Plaintiffs/ Appellants, Vs. Sundance Partners, Ltd; Sundance Holdings, Llc; Sundance Development Corp; Robert Redford; Redford 1970 Trust; Rock Mountain Outfitters, L.C.; And Does I-X. Defendants And Appellees., Utah Supreme Court
Utah Supreme Court Briefs (2000–2020)
ON CERTIORARI FROM THE UTAH COURT OF APPEALS
State Of Utah, Plaintiff/Respondent, Vs. Desean Michael Goins, Defendant/Petitioner., Utah Supreme Court
State Of Utah, Plaintiff/Respondent, Vs. Desean Michael Goins, Defendant/Petitioner., Utah Supreme Court
Utah Supreme Court Briefs (2000–2020)
APPENDIX TO BRIEF ON CERTIORARI TO THE UTAH COURT OF APPEALS