Digital Commons Network^™

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.

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 …

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 …

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 …

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.

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.

Biodiversity Beyond National Jurisdiction: Current Debate And Indonesia's Interest, Gulardi Nurbintoro, Haryo Budi Nugroho

Indonesia Law Review

The drafters of the 1982 UN Convention on the Law of the Sea (UNCLOS) have left behind a lacunae in terms of the regulations concerning Biodiversity in the Areas Beyond National Jurisdiction (BBNJ). As living organisms are found in the deep seabed in areas beyond national jurisdiction, as well as the utilization of marine genetic resources beyond national jurisdiction for commercial purposes, States are currently deliberating on the proper regime in dealing with the management and exploitation of the biodiversity. Some States argue that Part XI UNCLOS applies hence BBNJ is also part of the Common Heritage of Mankind. On …

Are You Wo(Man) Enough To Get Married?, Tiurma M. P. Allagan

Indonesia Law Review

The Indonesian Marriage Law states that marriage is a physical and spiritual relationship between a man and a woman as husband and wife in order to create an eternal happy family based on the Almighty God. This definition reflects that marriages in Indonesia must be between heterosexual couples. However, a question appears as to whether a man or a woman mentioned thereof includes a man and a woman who were hermaphrodite, intersex, or nowadays known as a person with Disorder of Sexual Development (DSD)? The case of AH whereby his marriage was cancelled by the Supreme Court in 2014 for …

Mining Law & Regulatory: Practice In Indonesia, Tri Hayati

Indonesia Law Review

Mining law, since before the Indonesian independence has already been a debatable topic between the business sector, Government, and other stakeholders until now. Several issues of mining law that have been debated among others, are: the form of concession and the authority for issuing mining licenses in relations with the right of state control stipulated under Article 33 paragraph (3) of the 1945 Indonesian Constitution, issues regarding taxes and royalties, environmental issues and other obligations. Since the enactment of Indische Mijn Wet 1899 until the enactment of Law No. 4 of 2009, these debates have yet to be settled; more, …

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 …

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

The Hostile Poison Pill, A. Christine Hurt

Faculty Scholarship

No abstract provided.

R&D Tax Incentives--Growth Panacea Or Budget Trojan Horse?, Stephen E. Shay, J. Clifton Fleming Jr., Robert J. Peroni

Faculty Scholarship

No abstract provided.

Kylie Lee Plaintiff/Appellant Vs. Kenneth Williams, And Moab Family Medicine, Defendants/Appellees : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF PLAINTIFF-APPELLATE

Appeal from the Judgment of the Seventh Judicial District Court,
Grand County
The Honorable Lyle R. Anderson, District Court Judge, Presiding
District Court Case No. 130700019

George K. Fadel, An Individual, Plaintiff, Vs. Deseret First Credit Union, A Federally Chartered Credit Union, Defendant. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLEE DESERET FIRST CREDIT UNION

Geneinne Ellen Davis, Petitioner/Appellant, Lewis Ray Davis, Decedent, Vs. Utah Labor Commission, Air Systems Inc. And/Or Acuity Mutual Insurance, Respondents/Appellees. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLEES

Patricia Munoz, Petitioner/Appellee, Vs. Martin Roberto Carlos-Moran, Respondent/Appellant. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLEE

APPEAL FROM A DECREE OF DIVORCE ENTERED BY THE
FOURTH DISTRICT COURT FOR UTAH COUNTY STATE OF UTAH,
JUDGE FRED D. HOWARD PRESIDING

Fur Breeders Agricultural Cooperative, (Employer No. 002612-0). Petitioner/Appellant, Vs. Department Of Workforce Services, Workforce Appeals Board, Respondent/Appellee. : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

REPLY BRIEF OF APPELLANT

APPEAL
Appeal from Decision of Workforce Appeals Board
Department of Workforce Services

Gary Lynn Armendariz, Petitioner/Appellant, Vs. Pixie Marie Armendariz, Respondent/Appellee. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLANT

Appeal from the Second District Court, Farmington
The Honorable John R. Morris, Presiding

Gary Lynn Armendariz, Petitioner/Appellant, Vs Pixie Marie Armendariz, Respondent/Appellee. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLEE

Appeal from the Second Judicial District Court, Davis County,
Farmington Department, State of Utah, Honorable John R. Morris

State Of Utah, Plaintiff/Appellee, V. Cullen Christopher Carrick, Defendant/Appellant. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Brief of Appellee

Appeal from a conviction for burglary, a second degree felony,
in the First Judicial District, Box Elder County, the Honorable
Brandon J. Maynard presiding

Phillip Grimm, An Individual, Plaintiff And Appellee / Cross-Appellant, V. Dxna Llc, A Delaware Limited Liability Company, Defendant And Appellant/Cross-Appellee : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

REPLY BRIEF OF CROSS-APPELLANT PHILLIP GRIMM

On Appeal from the Fifth Judicial District Court of Washington County,
Honorable Pamela G. Heffernan

Moriah Lee Chesley, Petitioner/Appellee, Vs. Benjamin Wade Chesley, Respondent/Appellant. : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

REPLY BRIEF OF APPELLANT

Appeal from the Decree of Divorce in the Third Judicial District Court in and for Tooele
County, Judge Robert Adkins

Dean White, Petitioner/Appellant, Vs. Julie Dawn White, Respondent/Appellee, : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLANT

Appeal from the Fourth District Court, Utah County, State of Utah
The Honorable Judge McDade