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Northgate Village Development, Lc, A Utah Limited Liability Company, Plaintiff/Appellant V. City Of Orem, A Municipal Corporation And Political Subdivision Of The State Of Utah, Defendant/Appellee. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLEE

APPEAL FROM A DECISION OF THE FOURTH JUDICIAL DISTRICT COURT,
UTAH COUNTY, STATE OF UTAH
HONORABLE LYNN W. DAVIS

Everett P. Wilson Jr., And Darla Wilson, Appellees/Respondents, Vs. Cade M. Krueger; Educators Mutual Insurance Association, Appellant/Petitioner Vs. Cade M. Krueger, 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

Office Of Professional Conduct, Petitioner And Appellant V. Richard Lajeunesse, Respondent And Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

This is an appeal from the Third Judicial District Court Salt Lake Department, Salt Lake County, State of Utah, Judge Andew Stone

Introduction, Angela Olivia Burton

City University of New York Law Review

No abstract provided.

The Effectiveness Of National Collective Management Organization Regulation, Agus Sardjono, Brian Amy Prastyo, Derezka G. Larasati

Indonesia Law Review

Law Number 28 of 2014 concerning Copyright in Article 89 provides for two National Collective Management Organizations (briefly referred to as LMKN), both of which represent the interests of Authors and the Owners of Related Rights. Both of the said organizations possess the authority to impose, collect, and distribute royalty obtained from commercial users. The Minister of Law and Human Rights inaugurated commissioners assigned to the said Authors’ LMKN and Related Rights LMKN. The LMKN is bound to have an operational effect on previously existing LMKs in Indonesia. Therefore, the objective of this study is to assess whether the existing …

A Journey Through The Health Care Safety Net, Brietta R. Clark

Saint Louis University Law Journal

No abstract provided.

Outfront Media, Llc, Tka Cbs Outdoor, Plaintiff And Appellant, V. Salt Lake City Corporation; Corner Property, L.C., And Utah Outdoor Advertising, Inc., Defendants And Appellees., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

No abstract provided.

Inequity In Private Child Custody Litigation, Dale Margolin Cecka

City University of New York Law Review

No abstract provided.

Current Population Status Of A Locally Endemic Springsnail (Hydrobiidae: Pyrgulopsis Bedfordensis) In Montana, David M. Stagliano

Western North American Naturalist

The Bedford springsnail (Pyrgulopsis bedfordensis) is one of only 2 species of the genus Pyrgulopsis discovered east of the northern Continental Divide and appears restricted to one spring in central Montana. Due to its endemism, this species was placed on the Montana Species of Concern list as S1, critically imperiled. Despite the snail’s rarity, nothing was known of this population’s characteristics; it was last sampled in 1999. In 2015, I quantitatively sampled this population using a Hess sampler (n = 3) over a 40-m reach to determine the snail’s benthic density and describe the associated macroinvertebrate community. …

Fashion And Female Beat Identity In The Writing Of Jones, Johnson, And Di Prima, Raven J. See

CLCWeb: Comparative Literature and Culture

In her article "Fashion and Female Beat Identity in the Writing of di Prima, Johnson, and Jones" Raven J. See discusses how the women writers of the Beat Generation have become iconically defined by their fashion choices. Clothing and accessories offer Beat women a means to construct and express their identity and Diane di Prima, Joyce Johnson, and Hettie Jones write about fashion in their narratives of self-creation. Like their male contemporaries, Beat women make style choices that allow them to reject mainstream culture and identify within Beat subculture. However, these women write about their decisions to accept or reject …

Utopia In Progress In Di Prima's Revolutionary Letters, Estíbaliz Encarnación-Pinedo

CLCWeb: Comparative Literature and Culture

In her article "Utopia in Progress in di Prima's Revolutionary Letters" Estíbaliz Encarnación-Pinedo describes Diane di Prima's Revolutionary Letters (1971) within the context of social transformation and spatiality studies. In the context of the socio-political revolt and utopian revival of the 1970s, di Prima's utopia is grounded in reality and in progress; and it needs people's help and strength to be attained. In the first section of the article Pinedo analyzes a group of letters which serve as "tips" or a "how-to" guide to prepare for a revolution and in the second part she considers letters in which glimpses …

Reflection On The Legality Of "Private" Discrimination In Light Of Recent Social And Economic Changes In Ethiopia, Mekonnen Firew Ayano

Journal Articles

No abstract provided.

Tangier And Kerouac's Oriental Experience In Liminality, Peggy Pacini

CLCWeb: Comparative Literature and Culture

In her article "Tangier and Kerouac's Oriental Experience in Liminality" Peggy Pacini discusses Kerouac's production derived from his Tangerian experience. Since the Tangier narratives have no existence of their own in the Duluoz Legend and are included in larger volumes about traveling and passing through, Pacini examines how this production cohered within the entire Legend and the terminology and world vision Kerouac had already fashioned. Focusing on two texts, "Big Trip to Europe" and "Passing through Tangiers, France and London," Pacini considers Kerouac's and his alter ego Duluoz's visions of Tangier and their journey to Tangier as many thresholds or …

Bowles's Up Above The World As Beatnik Murder Mystery, Greg Bevan

CLCWeb: Comparative Literature and Culture

In his article "Bowles's Up Above the World as Beatnik Murder Mystery" Greg Bevan discusses Paul Bowles's fourth and final novel, which at the time of its publication was met with mixed reactions from reviewers and its creator alike, and has seen relatively scanty critical attention in the years since. Gena Dagel Caponi perceives in the novel a reflection of Bowles's struggle for control, during the time of its writing, in the face of his wife Jane's terminal illness. Building on this insight, the current essay notes the same tension in the writings of the Beats—a movement with which Bowles …

The Greek Beat And Underground Scene Of The 1960s And 1970s, Eftychia Mikelli

CLCWeb: Comparative Literature and Culture

In her article "The Greek Beat and Underground Scene of the 1960s and 1970s" Eftychia Mikelli discusses the renewed interest in the Beat Generation in Greece. She argues that it is less known that the Beats exercised significant influence upon Greek underground literature and culture in the sixties and seventies, inspiring the development of a Greek Beat "hybrid." Bearing the influences of US-American Beat, new writing emerged which was also shaped by a distinctively Athenian social and cultural context, eventually leading to the formation of the Greek "Scene." This is the term by which Beat-influenced Greek artists, such as Spyros …

Arabic Music And Burroughs's The Ticket That Exploded, David M. Holzer

CLCWeb: Comparative Literature and Culture

In his article "Arabic Music and Burroughs's The Ticket That Exploded" David Holzer discusses how the experience of hearing Arabic music in Tangier and being exposed to the healing music of the Master Musicians of Joujouka, a remote village in the foothills of the Ahl Srif mountain range in Northern Morocco, significantly influenced both the writing of William Burroughs and his multi-media experiments. This essay considers what Arabic music and specifically that of Joujouka meant to Burroughs, with particular reference to The Ticket That Exploded (1962). Drawing on The Ticket, Burroughs’s letters, critical studies and biographical material, it …

The Road Trip As Artistic Formation In Defeo's Work, Frida Forsgren

CLCWeb: Comparative Literature and Culture

In her article "The Road Trip as Artistic Formation in DeFeo's Work" Frida Forsgren discusses previously unpublished photographic material documenting Jay DeFeo's road trip in Europe and North Africa in the 1950s. Forsgren argues that the Beat road trip is by no means an exclusively masculine enterprise and quest: DeFeo's journey helped open the door to her emancipation as a female artist and propelled her artistic development. Moreover, the global experience represented by the trip helped shape her local Beat milieu upon her return to San Francisco. While European, Medieval, Italian Renaissance, and Hebrew influences in DeFeo's oeuvre have been …

Selected Bibliography For The Study Of The Beat Generation, Oliver Harris, Polina Mackay

CLCWeb: Comparative Literature and Culture

No abstract provided.

Burroughs As A Political Writer?, Alexander Greiffenstern

CLCWeb: Comparative Literature and Culture

In his article "Burroughs as a Political Writer?" Alexander Greiffenstern discusses political elements in William S. Burroughs's work. Greiffenstern looks at Burroughs's text "The Coming of the Purple Better One" written for Esquire about the Democratic National Convention in Chicago 1968. By writing a surprisingly personal text, Burroughs might have captured something about the significance of the convention that many later historical accounts miss. In the end, Burroughs leaves the critical reader no other choice than to attempt a historical and political analysis.

Beat Contenders (Micheline, Sanders, Kupferberg), A. Robert Lee

CLCWeb: Comparative Literature and Culture

In his article "Beat Contenders (Micheline, Sanders, Kupferberg)" A. Robert Lee asks if we are in danger of too fixed a Beat canonization. That is, do the Usual Suspects—Ginsberg, Kerouac, and Burroughs, with Corso, Ferlinghetti, Cassady, and Snyder in the frame—assume too presiding a role? There is, for sure, rightly, increased recognition of Beat women writers and attention has been given to the Afro-Beat circuit and, indeed, to a wider multicultural roster to include Latino/a and Asian American authorship. Beat's international reach has won its place, from the United Kingdom and Continental Europe to Japan and Australia. Even so, other …

Theories Of Opiate Addiction In The Early Works Of Burroughs And Trocchi, Richard English

CLCWeb: Comparative Literature and Culture

In his article "Theories of Opiate Addiction in the Early Works of Burroughs and Trocchi" Richard English discusses William S. Burroughs's and Alexander Trocchi's representations of opiate addiction with special reference to their early writings. English examines the concept of homo heroin that can be attributed to Burroughs and lists and expounds its qualities. Among these are: immorality, criminality, mono-objectuality, self- and other-indifference, and, most importantly, the radical physical transformation into a new species, which Burroughs extends in Naked Lunch. English shows how homo heroin relates to Trocchi's conception of a heroin addict, which serves to illustrate that homo …

The Cultural Translation Of Ginsberg's Howl In Turkey, Erik Mortenson

CLCWeb: Comparative Literature and Culture

In his article "The Cultural Translation of Ginsberg's Howl in Turkey" Erik Mortenson examines three Turkish translations of Allen Ginsberg's poem Howl in order to explore the ways in which Ginsberg's poem becomes redeployed in new cultural contexts. Orhan Duru and Ferit Edgü's 1976 translation presents a more politicized Ginsberg that draws on his anti-establishment credentials as a social activist. This comes as little surprise, since in pre-1980 coup Turkey rebellion was thought in purely political terms of right verses left. Hakan Arslan's 1991 update provides a less political and more familiar Ginsberg, in keeping with a society that left …

Introduction To Global Beat Studies, Oliver Harris, Polina Mackay

CLCWeb: Comparative Literature and Culture

No abstract provided.

Race, Gender, And The Beats In Tan Magazine's "I Was A Victim Of The Beat Generation", Chelsea M. Stripe

CLCWeb: Comparative Literature and Culture

In her article "Race, Gender, and the Beats in Tan Magazine's 'I Was a Victim of the Beat Generation'" Chelsea Stripe discusses the "true to life" story of Sara Howard, a single African American mother who becomes pregnant by a white Beat and struggles to raise their child alone. On the one hand, "I Was a Victim of the Beat Generation" emphasizes the exploitative character of Beats' affinity for African American culture and of their attitudes toward women. Further, Howard's story critiques the social fluidity that Beat privilege allows. On the other hand, the story articulates conservative US-American middle class …

The Other Eighty Percent: Private Investment Funds, International Tax Avoidance, And Tax-Exempt Investors, Omri Marian

BYU Law Review

The taxation of private equity managers’ share of funds’ profits—the twenty percent “carried interest”—received much attention in academic literature and popular discourse. Much has been said and written about the fact that fund managers’ profits are taxed at preferred rates. But what about the other eighty percent of funds’ profits? This Article theorizes that the bulk of such profits are never taxed. This is a result of a combination of three factors: First, private equity, venture capital, and hedge funds (collectively, Private Investment Funds, or “PIFs”) are major actors in cross-border investment activity. This enables PIFs to take advantage of …

Developing Countries In An Age Of Transparency And Disclosure, Diane Ring

BYU Law Review

No abstract provided.

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

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 …

So Close, So Different – Regional Rail Transport In Poland, The Czech Republic And Slovakia, Marcin Król, Jakub Taczanowski

Yearbook of Antitrust and Regulatory Studies

The objective of this paper is to present three different models of regional railway passenger transport that emerged in the process of post-communist transition after 1989 in neighbouring countries: Poland, the Czech Republic and Slovakia. After an introduction, the second section of the paper shows the historical, spatial and socio-economic context of the analysis. The three resulting models are presented in the following section. This part of the paper is also devoted to the discussion of the developments, experiences and results obtained in Poland, the Czech Republic and Slovakia. The final section provides conclusions.

Merger Control In Georgia – National Legislation And Case Law Review, Solomon Menabdishvili

Yearbook of Antitrust and Regulatory Studies

Georgia has amended its Law on Competition in 2014 in order to fulfil its obligations set out by the Association Agreement with the European Union. Despite further approximations of its laws with those of the EU, some serious flaws remain. Merging parties are obliged to submit a prior notification to the Competition Agency of Georgia if their total turnover exceeds 20 million Georgian lari (GEL) or if the value of their assets exceeds 10 million GEL (7,692,307 EUR). One of the most interesting aspects of the Georgian merger control system rests in what the Competition Agency is authorised to do …