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The State Of Utah, Respondent, Vs. Dennis J Garcia, Petitioner, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

On Petition for a Writ of Certiorari to the Utah Court of Appeals

Cover, Masthead & Contents

Journal of Civil Law Studies

No abstract provided.

Les Termes Comme Miroir Et Loupe D’Une Société? L’Exemple Du Code Civil Italien, Enrica Bracchi

Journal of Civil Law Studies

La langue est souvent le vecteur de concepts et de visions propres à une société ou une partie de celle-ci ; c’est à travers la langue que se dévoilent les contradictions, le refus ou l’assentiment par rapport à de nouvelles réalités sociales et sociétales, qui peuvent être réglementées par le droit. Le droit, quant à lui, se sert de la langue pour nommer ces réalités et la terminologie juridique ou parajuridique devient d’une part un miroir qui reflète des tendances et des variations et d’autre part une loupe car elle amplifie les contrastes et les points de détail concernant certaines …

Translating The Charitable Affectation In Private Law, Anne-Sophie Hulin

Journal of Civil Law Studies

Traduire sans trahir, voilà la difficulté du traducteur comme celle du comparatiste. Comment garantir que les notions, une fois passées au filtre juridique, ne subissent pas une certaine altération, et ne perdent par là un peu d’elles-mêmes? Cet article s’intéresse donc à un genre particulier de traduction où des concepts universels se voient convertis en notions juridiques. Dans le cas précis de la philanthropie, la traduction se révèle moins aisée en droit civil qu’en common law au point de s’interroger de la capacité de ce premier à accueillir les mécanismes philanthropiques. Il en ressort alors que les traditions juridiques n’ont …

Ruminations Around The Dictionary Of The Civil Code, Alain Levasseur

Journal of Civil Law Studies

No abstract provided.

Jersey: Vocabularies Of Coûtume And Code, Steven Pallot

Journal of Civil Law Studies

The Channel Islands were an integral part of the Duchy of Normandy until 1204 when King John lost Continental Normandy to the French King, Philip Augustus. Jersey and Guernsey did not submit to the jurisdiction of the French King but retained allegiance to the King in England as Duke of Normandy. The customary laws of the Islands retain their Norman root to this day in spite of strong legal and cultural influences from England in the 19^thand 20Centuries. A rich legal vocabulary in both French and English has evolved in these mixed legal jurisdictions.

This article examines the …

A Dialogue To Conclude A Conference On Legal Translation:Synthèse À Deux Voix, Matthias Martin, Olivier Moréteau

Journal of Civil Law Studies

No abstract provided.

Brazil: The Difficult Path Toward Democratization Of Civil Law, Lucas Abreu Barroso, Pablo Malheiros Da Cunha Frota, Brígida Roldi Passamani, Lúcio Moreira Andrade

Journal of Civil Law Studies

The Federal Constitution of 1988 reinstated the democratic rule of law in Brazil. Based on fundamental rights, the “Citizen’s Constitution” shaped the model of a welfare State, which objectives consist in the construction of a free, just and solidary society, the eradication of poverty and substandard living conditions and the promotion of the well-being of all, without prejudice as to origin, race, sex, color, age and any other forms of discrimination. From this context, the constitutional idealization of family democracy emerges, specifically represented in this paper by the recognition of civil union be-tween people of the same sex as family …

China: Fragmented Rights And Tragedy Of Anticommons:Evidence From China’S Coastal Waters, Bing Shui

Journal of Civil Law Studies

The ownership of, and rights to, coastal waters are exhibited on a cumulative scale ranging from commons-like to private use. As an example of a natural resource with complex and interlinked ecosystems, coastal waters give rise to many kinds of legal norms and pol-icy instruments. As shown by my investigation of China’s coastal waters, people are willing to pay for legal rights which guarantee exclusive access, regardless of the relatively high cost. The statistical data further reveals that, when coastal waters are divided, there is a negative correlation between fragmentation of the seas and sea-based production. Therefore, based on the …

Complete V.9 No.2

Journal of Civil Law Studies

No abstract provided.

Basic Questions Of Tort Law From A Comparative Perspective, Michael L. Wells

Journal of Civil Law Studies

No abstract provided.

Introduction, Angela Olivia Burton

City University of New York Law Review

No abstract provided.

However Kindly Intentioned: Structural Racism And Volunteer Casa Programs, Amy Mulzer, Tara Urs

City University of New York Law Review

No abstract provided.

From Mentor To Mentee, Hanzla Sheikh

UNH Today Archive

No abstract provided.

The Interaction Of Public And Private Enforcement Of Competition Law Before And After The Eu Directive – A Hungarian Perspective, Tihamer Toth

Yearbook of Antitrust and Regulatory Studies

The paper explores the changes the EU Directive on harmonizing certain rules governing actions for damages under national law for infringements of the competition law provisions will bring about in Hungary, with a special focus placed on damages liability rules, the interaction of public and private enforcement of these rules, and the importance of class actions. Amendments of the Competition Act introduced in 2005 and 2009 had created new rules to promote the idea of private enforcement even before the Directive was adopted. Some of these rules remain unique even now, notably the legal presumption of a 10% price increase …

The Principle Of Liability In Private Antitrust Enforcement In Selected European States In Light Of The Implementation Of The Damages Directive Into The Polish Legal System, Dominik Wolski

Yearbook of Antitrust and Regulatory Studies

In the vast majority of European countries, private antitrust enforcement falls under general rules of civil law. One of the issues to be discussed in relation to this type of litigation is the principle of liability, which exists in the given legal system, and its presumed impact on private enforcement. This problem has been debated in the course of the implementation works on the Damages Directive into the Polish legal system. A discussion on the principle of liability has taken place at least twice in this context. First, the issue was considered by the Civil Law Codification Commission and expressed …

Evaluation Of Pre-Accession State Aid In The Energy Sector. Case Comment To The Judgment Of The Court Of Justice Of 1 October 2015 Electrabel Sa, Dunamenti Erőmű Zrt. V European Commission (Case C 357/14 P), Tihamer Toth

Yearbook of Antitrust and Regulatory Studies

No abstract provided.

Front Matter

Journal of Digital Forensics, Security and Law

No abstract provided.

A New Distributed Chinese Wall Security Policy Model, Saad Fehis, Omar Nouali, Mohand-Tahar Kechadi

Journal of Digital Forensics, Security and Law

The application of the Chinese wall security policy model (CWSPM) to control the information flows between two or more competing and/or conflicting companies in cloud computing (Multi-tenancy) or in the social network, is a very interesting solution. The main goal of the Chinese Wall Security Policy is to build a wall between the datasets of competing companies, and among the system subjects. This is done by the applying to the subjects mandatory rules, in order to control the information flow caused between them. This problem is one of the hottest topics in the area of cloud computing (as a distributed …

Finding A Fair Land Dispute Settlement Mechanism Between Adat Law Community Vs. Investor, Ratih Lestarini

Indonesia Law Review

Land utilization for investment in local areas raises various land related problems that ends with conflicts within the community. A conflict that occurs, usually begins with the management of communal land “tanah ulayat” within the adat law community environment, and in this case, land utilization that is managed by the third party (investors). The basic problem is the difference of perception and expectations toward the company that exists in the land which is claimed by the community. Both parties have their own claim on the land based on each legal systems, in this situation adat law or local law faced …

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 …

Debunking The Relationship Between Law And Capitalism: How Corporate Governance Failures Contribute To The Financial Crisis In Indonesia?, Najmu Laila Sopian, Muhammad Yahdi Salampessy

Indonesia Law Review

The recent global financial catastrophe has raised questions about the relationship between corporate governance and the crisis. Many scholars attribute the crisis to the corporate failure and the Anglo-Saxon model of capitalism. Much of the literatures, however, tend to focus on examining the issue of financial crisis in the developed economy. Following up this line of literatures, this paper will extend the discussion of the role of corporate governance in financial crisis in the developing world. Using Indonesia as a case study, this paper will look at evidence that has emerged from the recent financial crisis regarding the failures of …

Masthead, Cleveland State Journal Of Law And Health

Journal of Law and Health

No abstract provided.

Quintavalle: The Quandary In Bioethics, Lisa Cherkassky

Journal of Law and Health

The case of R. (Quintavalle) v. Human Fertilisation Embryology Authority (and Secretary of State for Health) presents a handful of legal problems. The biggest legal query to arise from the case is the inevitable harvest of babies, toddlers and very young children for their bone marrow. This article unpacks the judicial story behind Quintavalle to reveal how the strict provisions of the Human Fertilisation and Embryology Act 1990 - namely ‘suitable condition’ under schedule 2 paragraph 1(1)(a) and ‘treatment services’ and ‘assisting’ under section 2(1) - were widely misinterpreted to introduce the social selection of embryos into law. The legal …

Expansion Of Employee Wellness Programs Under Ppaca Creates Additional Barriers To Healthcare Insurance For Individuals With Disabilities, Amy B. Cheng

Journal of Law and Health

There are many barriers to healthcare for the general population that has been documented throughout the years, with one particularly affected group being individuals with disabilities. One identified healthcare barrier for individuals with disabilities is the inability to gain access to the healthcare system through health insurance. While many attempts have been made to resolve this issue, serious problems have yet to be resolved. The Patient Protection Affordable Care Act (PPACA) attempted to solve the issue by expanding Health Insurance Portability and Accountability Act of 1996’s (HIPAA) current regulations on employee wellness programs. The relevant regulations govern employee wellness programs …

Save Thousands Of Lives Every Year: Resuscitate The Peer Review Privilege, Alan G. Williams

Journal of Law and Health

Doctors make mistakes—preventable medical mistakes—that kill or seriously injure patients. The best way to reduce these preventable errors is through a medical peer review process typically referred to as a "morbidity and mortality conference." However, over the past twenty years, federal and state courts, state legislatures, and state voters have effectively gutted the morbidity and mortality conference (M&M) as a remedial and preventative tool, resulting in tens of thousands of unnecessary deaths every year. Doctors need our help restoring the effectiveness of M&Ms. Congress has created the means to do so; now, all the courts need do is use it. …

Healer, Witness, Or Double Agent? Reexamining The Ethics Of Forensic Psychiatry, Matthew U. Scherer

Journal of Law and Health

In recent years, psychiatrists have become ever more prevalent in American courtrooms. Consequently, the issue of when the usual rules of medical ethics should apply to forensic psychiatric encounters has taken on increased importance and is a continuing topic of discussion among both legal and medical scholars. A number of approaches to the problem of forensic psychiatric ethics have been proposed, but none adequately addresses the issues that arise when a forensic encounter develops therapeutic characteristics. This article looks to the rules governing the lawyer-client relationship as a model for a new approach to forensic psychiatric ethics. This new model …

Salt Lake City Corporation, Petitioner-Plaintiff-Appellee, V. Mark C. Haik, Respondent-Defendant-Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

An Appeal from the Third Judicial District court Case No. 140900915 The Honorable Andrew Stone presiding

Solomon's Wish, Erik Hoekstra

Faculty Work Comprehensive List

"For us today, it’s December 31—a day to look back and look forward. For some of us, it’s a day to ‘resolve’ ourselves with new sets of goals and aspirations—and maybe a prayerful ‘wish’ or two to God for the new year ahead."

Posting about ­­­­­­­­New Year's resolutions from In All Things - an online hub committed to the claim that the life, death, and resurrection of Jesus Christ has implications for the entire world.

http://inallthings.org/solomons-wish/

Banco Central De La Republica Argentina - 2016 Financial Statements, Argentina: Banco Central De La Repãºblica

Documents

No abstract provided.