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2016

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Theories Of Opiate Addiction In The Early Works Of Burroughs And Trocchi, Richard English Dec 2016

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 …

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The Cultural Translation Of Ginsberg's Howl In Turkey, Erik Mortenson Dec 2016

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 …

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Introduction To Global Beat Studies, Oliver Harris, Polina Mackay Dec 2016

Introduction To Global Beat Studies, Oliver Harris, Polina Mackay

CLCWeb: Comparative Literature and Culture

No abstract provided.

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Ginsberg's Translations Of Apollinaire And Genet In The Development Of His Poetics Of "Open Secrecy", Véronique Lane Dec 2016

Ginsberg's Translations Of Apollinaire And Genet In The Development Of His Poetics Of "Open Secrecy", Véronique Lane

CLCWeb: Comparative Literature and Culture

In her article "Ginsberg's Translations of Apollinaire and Genet in the Development of his Poetics of 'Open Secrecy'" Véronique Lane analyzes the extent to which the journals, letters and poems of Allen Ginsberg are marked by constant reference to literary models that give just as much weight to French as to American writers. Focusing on his long involvement with Guillaume Apollinaire and Jean Genet's works, Lane argues that Ginsberg meticulously constructed the genealogy of his poetry through a threefold strategy of literary quotation, translation and encryption. Uncovering this strategy through analysis of "Howl," "At Apollinaire's Grave," and "Death to Van …

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Race, Gender, And The Beats In Tan Magazine's "I Was A Victim Of The Beat Generation", Chelsea M. Stripe Dec 2016

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 …

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Boundary Spanning, Networking, And Sensemaking/Sensegiving: How Career Services Directors Enact Mid-Level Leadership, Linda Kent Davis Dec 2016

Boundary Spanning, Networking, And Sensemaking/Sensegiving: How Career Services Directors Enact Mid-Level Leadership, Linda Kent Davis

Graduate Doctoral Dissertations

This study seeks to understand higher education leadership overall by exploring how mid-level leadership is enacted by career services directors. Given that higher education institutions are facing a wide range of challenges that require an equally wide range of skills to address them, colleges and universities may need to become more inclusive regarding who contributes to institutional leadership. Mid-level leadership is defined in this study as a process of social interaction that originates with a middle manager and that cuts across functional areas and/or hierarchical levels to impact institutional goals. Three research questions frame the study: 1) How do career …

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Experiences Of Trust In Longer-Lasting Formal Youth Mentoring Relationships, Michelle Levine Dec 2016

Experiences Of Trust In Longer-Lasting Formal Youth Mentoring Relationships, Michelle Levine

Graduate Doctoral Dissertations

The purpose of this longitudinal qualitative study was to investigate youth experiences of trust and mentor experiences supporting youth trust in longer-term formal youth mentoring relationships. Trust was defined as youth relying on and confiding in their mentors based on experiences of mentor reliability, honesty, and emotional sensitivity and protection from emotional harm. Thematic analysis was conducted on interview data from a longitudinal dataset, involving analysis of narratives from interviews (n=147) with youth, mentors, and parents for mentoring matches that lasted at least two years. Overall, participants in this study identified multiple ways trust was experienced by youth and supported …

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2016-2017 Byu Law Review Masthead Dec 2016

2016-2017 Byu Law Review Masthead

BYU Law Review

No abstract provided.

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Beps And The New International Tax Order, Allison Christians Dec 2016

Beps And The New International Tax Order, Allison Christians

BYU Law Review

Nations across the world are currently engaged in a coordinated international effort, ostensibly to curb excessive tax avoidance by the world’s biggest multinational companies. This Article contends, however, that the most likely impact will be to entrench a monopoly held by a small number of rich countries over the policymaking processes that created the tax avoidance problem to begin with. To examine this contention and probe possible solutions to it, the Article considers the legal and institutional components of the coordination project, by situating them historically and analyzing their multi-functionality as both norm diffusion and institutional reinforcement mechanisms. The Article …

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Competitiveness, Tax Base Erosion, And The Essential Dilemma Of Corporate Tax Reform, Kimberly A. Clausing Dec 2016

Competitiveness, Tax Base Erosion, And The Essential Dilemma Of Corporate Tax Reform, Kimberly A. Clausing

BYU Law Review

Label contradicts reality for the U.S. international corporate tax system. The U.S. system is typically labeled as a worldwide tax system with a statutory rate of 35%, both uncommon features among our trading partners. Yet these markers of the U.S. tax system do not accurately describe reality, where multinational firms routinely face far lower effective tax rates and little, if any, tax is collected on foreign income. Understanding this discrepancy between label and reality is essential to evaluate recent policy debates surrounding corporate inversions and the competitiveness of the U.S. international tax system. Although there is an essential policy tradeoff …

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Defending Worldwide Taxation With A Shareholder-Based Definition Of Corporate Residence, J. Clifton Fleming Jr., Robert J. Peroni, Stephen E. Shay Dec 2016

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 …

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The Other Eighty Percent: Private Investment Funds, International Tax Avoidance, And Tax-Exempt Investors, Omri Marian Dec 2016

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 …

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Developing Countries In An Age Of Transparency And Disclosure, Diane Ring Dec 2016

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

BYU Law Review

No abstract provided.

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Inversions, Related Party Expenditures, And Source Taxation: Changing The Paradigm For The Taxation Of Foreign And Foreign-Owned Businesses, Julie A. Roin Dec 2016

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.

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The Foreign Tax Credit War, Bret Wells Dec 2016

The Foreign Tax Credit War, Bret Wells

BYU Law Review

The government has been involved in a sustained war against objectionable foreign tax credit transactions. This war has caused the U.S. foreign tax credit regime to be riddled with complexity that spawns incoherent outcomes. The complexity contained in section 901 was created due to a legitimate concern: the threats posed by objectionable transactions that artificially generate excess foreign tax credits represent real policy problems. Since at least 1975, Congress and the Treasury Department have been convinced that the cross-crediting of excess foreign tax credits arising from “objectionable transactions” required a response in addition to simply relying on section 904. Thus, …

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Contracts And Automation: Exploring The Normativity Of Automation In The Context Of U.S. Contract Law And E.U. Consumer Protection Directives, Daniel Barnhizer Dec 2016

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 …

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Effectiveness Of Judicial Review In The Polish Competition Law System And The Place For Judicial Deference, Maciej Bernatt Dec 2016

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 …

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A Comparative Analysis Of The Collective Dominance Definition In Ukrainian And European Law – The Electricity Market Case, Kseniia Smyrnova Dec 2016

A Comparative Analysis Of The Collective Dominance Definition In Ukrainian And European Law – The Electricity Market Case, Kseniia Smyrnova

Yearbook of Antitrust and Regulatory Studies

This paper follows a comparative approach to the analysis of collective dominance doctrine and practice in the EU and the enforcement practice in Ukraine. The aim of this paper is to assess the compliance of the Ukrainian competition authority’s (AMCU) analysis of the national electricity market with EU law enforcement practice. The latter arises from Ukraine’s wider duty to fulfil its international law obligation to comply with EU competition rules, based on Article 18 of the Treaty establishing the Energy Community also taking into account the interpretative criteria developed in EU case law (according to Article 94 of the Association …

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Competition Law And State Aid For Failing Banks In The Eu And Its Specific Implications For Cee Member States, Virag Blazsek Dec 2016

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 …

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So Close, So Different – Regional Rail Transport In Poland, The Czech Republic And Slovakia, Marcin Król, Jakub Taczanowski Dec 2016

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.

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Merger Control In Georgia – National Legislation And Case Law Review, Solomon Menabdishvili Dec 2016

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 …

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Overview Of Kazakhstani New Anti-Monopoly Regulation, Alexander Korobeinikov Dec 2016

Overview Of Kazakhstani New Anti-Monopoly Regulation, Alexander Korobeinikov

Yearbook of Antitrust and Regulatory Studies

The main statute governing competition in Kazakhstan is the Entrepreneurial Code, first adopted in October 2015. Section 4 of the Code in particular is aimed at the protection of competition in Kazakhstan. It primarily deals with anti-competitive agreements and conduct, provides for a control system over economic concentrations, and regulates anti-monopoly investigations. The anti-monopoly provisions of the Code are enforced by the Committee on the Regulation of Natural Monopolies and Protection of Competition within the Ministry of the National Economy of the Republic of Kazakhstan and its regional departments located in each Kazakhstani region and its two main cities (Almaty …

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A Note On 2015 Developments In Polish Competition Law: Is It Really A Drive Towards The European Model?, Anna Piszcz Dec 2016

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 …

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Review Of The New Polish Model Of Abstract Control Of Standard Forms Of Agreements Concluded With Consumers, Paulina Korycińska-Rządca Dec 2016

Review Of The New Polish Model Of Abstract Control Of Standard Forms Of Agreements Concluded With Consumers, Paulina Korycińska-Rządca

Yearbook of Antitrust and Regulatory Studies

The Polish Act of 5 August 2015 amending the Act on Competition and Consumer Protection and certain other acts introduced several changes intended to strengthen consumer protection. Its substantial part concerns the abstract control of standard forms of agreements concluded with consumers. The Amendment Act of 2015 has completely changed the previous model of abstract control of standard forms of agreements concluded with consumers by replacing the court proceedings model with the administrative proceedings model. This article presents an analysis of Polish legal rules on the abstract control of standard forms of agreements concluded with consumers as amended by the …

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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 Dec 2016

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.

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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 Dec 2016

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.

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Antitrust Liability In The Context Of Online Platforms. Case Comment To The Preliminary Ruling Of The Court Of Justice Of 21 January 2016 ‘Eturas’ Uab V Lietuvos Respublikos Konkurencijos Taryba (Case C-74/14), Bartosz Targański Dec 2016

Antitrust Liability In The Context Of Online Platforms. Case Comment To The Preliminary Ruling Of The Court Of Justice Of 21 January 2016 ‘Eturas’ Uab V Lietuvos Respublikos Konkurencijos Taryba (Case C-74/14), Bartosz Targański

Yearbook of Antitrust and Regulatory Studies

No abstract provided.

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Piotr Semeniuk, Koncepcja Jednego Organizmu Gospodarczego W Prawie Ochrony Konkurencji [The Concept Of A Single Economic Unit In Competition Law], University Of Warsaw Faculty Of Management Press, Warsaw 2015, 325 P., Agata Jurkowska-Gomułka Dec 2016

Piotr Semeniuk, Koncepcja Jednego Organizmu Gospodarczego W Prawie Ochrony Konkurencji [The Concept Of A Single Economic Unit In Competition Law], University Of Warsaw Faculty Of Management Press, Warsaw 2015, 325 P., Agata Jurkowska-Gomułka

Yearbook of Antitrust and Regulatory Studies

No abstract provided.

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Occupational Skin Cancer And Precancerous Lesions, Fifinela Raissa, Githa Rahmayunita, Sri Linuwih Menaldi, Dewi Soemarko Dec 2016

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 …

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State Of Utah, Plaintiff/Petitioner, V Ahn Tuam Pham, Defendant/Petitioner, Utah Supreme Court Dec 2016

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

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