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2016

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Enervest, Ltd., Appellant, V. Utah State Engineer, And Michael Carlson, Appellees, Utah Court Of Appeals Dec 2016

Enervest, Ltd., Appellant, V. Utah State Engineer, And Michael Carlson, Appellees, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

On Appeal from the Eighth Judicial District Court, Honorable Samuel P. Chiara, No. 560800056


Jeramery Mcelhaney And Mary Mcelhaney, Petitioners/Appellees, V. The City Of Moab And Moab City Council, Respondents/Appellants, Utah Court Of Appeals Dec 2016

Jeramery Mcelhaney And Mary Mcelhaney, Petitioners/Appellees, V. The City Of Moab And Moab City Council, Respondents/Appellants, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the Order on Appeal of Moab City Council Decision to Deny Conditional Use Permit of the Seventh Judicial Court, Case No. 140700048, Judge Lyle R. Anderson


Enervest, Ltd. Successor In Interest To Bill Barrett Corp., Appellant, Vs. Michael Carson, Appellee, Utah Court Of Appeals Dec 2016

Enervest, Ltd. Successor In Interest To Bill Barrett Corp., Appellant, Vs. Michael Carson, Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

An appeal from an order of the Eighth District Court, Judge Samuel P. Chiara


State Of Utah, Plaintiff/Appellee, V. Saul Martinez, Defendant/Appellant : Brief Of Appellee, Utah Court Of Appeals Dec 2016

State Of Utah, Plaintiff/Appellee, V. Saul Martinez, Defendant/Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Brief of Appellee

Appeal from convictions for attempted murder, a first-degree
felony, possession of a dangerous weapon by a restricted
person, a second-degree felony, aggravated assault, a third-
degree felony, and three counts of felony discharge of a
firearm, third-degree felonies, in the Third Judicial District,
Salt Lake County, the Honorable Richard McKelvie presiding


State Of Utah, Plaintiff/Appellee, V. Christopher Kim Leech, Defendant/Appellant : Brief Of Appellee, Utah Court Of Appeals Dec 2016

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

Utah Court of Appeals Briefs (2007– 2019)

Brief of Appellee

Appeal from convictions for one count of aggravated murder,
two counts of aggravated kidnapping, two counts of
aggravated robbery, and one count of obstructing justice, all
first degree felonies, in the Third Judicial District, Salt Lake
County, the Honorable Randall N. Skanchy presiding

Oral Argument Requested


The State Of Utah, Plaintiff/Appellee, V. Christopher Kim Leech, Defendant/Appellant : Brief Of Appellant, Utah Court Of Appeals Dec 2016

The State Of Utah, Plaintiff/Appellee, V. Christopher Kim Leech, Defendant/Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLANT

Appeal from convictions for one count of aggravated murder, a first degree
felony, in violation of Utah Code 76-5-202; two counts of aggravated
kidnapping, first degree felonies, in violation of Utah Code 76-5-302; two counts
of aggravated robbery, first degree felonies, in violation of Utah Code 76-6-302;
and one count of obstructing justice, a first degree felony, in violation of Utah
Code 76-8-306(1), in the Third Judicial District Court, in and for Salt Lake
County, State of Utah, the Honorable Randall Skanchy presiding.

Appellant is incarcerated.


State Of Utah, Plaintiff/Appellee, V. Cullen Christopher Carrick, Defendant/Appellant : Brief Of Appellee, Utah Court Of Appeals Dec 2016

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)

Second Supplemental 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


Outfront Media, Llc, Fka 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 Dec 2016

Outfront Media, Llc, Fka 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.


Ryan Uresk Harvey, Rocks Off, Inc. And Wild Cat Rentals, Inc., Plaintiffs/Appellants, Vs. Ute Indian Tribe Of The Uintah And Ouray Reservation, Et Al., Defendants/Appellees., Utah Court Of Appeals Dec 2016

Ryan Uresk Harvey, Rocks Off, Inc. And Wild Cat Rentals, Inc., Plaintiffs/Appellants, Vs. Ute Indian Tribe Of The Uintah And Ouray Reservation, Et Al., Defendants/Appellees., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLEES DINO RAY CESSPOOCH, JACKIE LaROSE, AND SHEILA WOPSOCK IN THEIR INDIVIDUAL CAPACITIES AND D. RAY C. ENTERPRISES LLC. AND LaROSE CONSTRUCTION COMPANY, INC.


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 …


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 …


2016 Amendment Of The Czech Significant Market Power Act Of 2009, Petr Frischmann, Vaclav Šmejkal Dec 2016

2016 Amendment Of The Czech Significant Market Power Act Of 2009, Petr Frischmann, Vaclav Šmejkal

Yearbook of Antitrust and Regulatory Studies

The Significant Market Power Act (SMPA) adopted in 2009 regulates the assessment of, and the prevention of, the abuse of market power in the sale of agricultural and food products. The Act generated many controversies from the outset, survived legislative proposals for its abolition, to be finally amended in 2016. However, this kind of legislation failed to solve most of the problems and even managed to create additional controversies. The new amendment formally simplified the actual wording of the SMPA by transposing its numerous earlier appendixes, which contained an exemplary list of prohibited forms of SMP abuse, to the actual …


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.


Patricia Munoz, Petitioner/Appellee, Vs. Martin Carlos, Respondent/Appellant. : Brief Of Appellant, Utah Court Of Appeals Dec 2016

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

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLANT MARTIN CARLOS

Appeal from the Fourth District Court, Utah County, from an order for alimony
before the Honorable Judge Fred D. Howard

ORAL ARGUMENT IS REQUESTED


Fur Breeders Agricultural Cooperative Petitioner, V. Workforce Appeals Board Of The Utah Department Of Workforce Services Respondent. : Brief Of Appellee, Utah Court Of Appeals Dec 2016

Fur Breeders Agricultural Cooperative Petitioner, V. Workforce Appeals Board Of The Utah Department Of Workforce Services Respondent. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF RESPONDENT

Petition for Review of a Decision of the
Workforce Appeals Board of the
Department of Workforce Services,
State of Utah


In The Matter Of Evan O. Koller, An Incapacitated Person. : Brief Of Appellant, Utah Court Of Appeals Dec 2016

In The Matter Of Evan O. Koller, An Incapacitated Person. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

APPELLANT BRIEF OF KATHRYN PROUNIS

Appeal from a Final Decision by the First Judicial District Court, Cache County, Logan,
District, State of Utah, Judge Brandon Maynard, Presiding -- Civil No. 073100106


Candida ("Candy") S. Bahnmaier, Plaintiff/Appellant, Vs. Northern Utah Healthcare Corporation, Dba St. Mark's Hospital, A Corporation; Renel Rytting, An Individual. Defendants/Appellees. : Opening Brief Of Appellant, Utah Court Of Appeals Dec 2016

Candida ("Candy") S. Bahnmaier, Plaintiff/Appellant, Vs. Northern Utah Healthcare Corporation, Dba St. Mark's Hospital, A Corporation; Renel Rytting, An Individual. Defendants/Appellees. : Opening Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

OPENING BRIEF OF
APPELLANT

Appeal from the Third Judicial District Court, Salt Lake County, State of Utah
The Honorable James Gardner


Candida S. Bahnmaier, Plaintiff/Appellant, Vs. Northern Utah Healthcare Corporation, Dba St. Mark's Hospital, A Corporation; Renel Rytting, An Individual. Defendants/Appellees. : Brief Of Appellees, Utah Court Of Appeals Dec 2016

Candida S. Bahnmaier, Plaintiff/Appellant, Vs. Northern Utah Healthcare Corporation, Dba St. Mark's Hospital, A Corporation; Renel Rytting, An Individual. Defendants/Appellees. : Brief Of Appellees, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLEES
NORTHERN UTAH HEALTHCARE CORPORATION AND RENEL RYTTING

APPEAL FROM THE THIRD JUDICIAL DISTRICT COURT IN
AND FOR SALT LAKE COUNTY, STATE OF UTAH
THE HONORABLE JAMES GARDNER


Candida ("Candy") S. Bahnmaier, Plaintiff/Appellant, Vs. Northern Utah Healthcare Corporation, Dba St. Mark's Hospital, A Corporation; Renel Rytting, An Individual. Defendants/Appellees. : Reply Brief Of Appellant, Utah Court Of Appeals Dec 2016

Candida ("Candy") S. Bahnmaier, Plaintiff/Appellant, Vs. Northern Utah Healthcare Corporation, Dba St. Mark's Hospital, A Corporation; Renel Rytting, An Individual. Defendants/Appellees. : Reply Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

REPLY BRIEF OF APPELLANT

Appeal from the Third Judicial District Court, Salt Lake County, State of Utah
The Honorable James Gardner


Brett Wayment, Plaintiff/Appellee, Vs. Schneider Automotive Group, Llc, And Nate Wade Subaru, Defendant/Appellant. : Brief Of Appellant, Utah Court Of Appeals Dec 2016

Brett Wayment, Plaintiff/Appellee, Vs. Schneider Automotive Group, Llc, And Nate Wade Subaru, Defendant/Appellant. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLANT

APPEAL FROM THE THIRD DISTRICT COURT, SALT LAKE COUNTY,
JUDGE PAIGE PETERSEN


State Of Utah Plaintiff/Appellee V. Robert Earl Cline Defendant/Appellant : Brief Of Appellee, Utah Court Of Appeals Dec 2016

State Of Utah Plaintiff/Appellee V. Robert Earl Cline Defendant/Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLEE

An Appeal of the sentence following guilty pleas to Criminal Trespass,
a class A misdemeanor, in violation of Utah Code Ann. §76-6-
206(2)(B), and Stalking, a class A misdemeanor, in violation of Utah
Code Ann. §76-5-106.5 in the Third District Court, Salt Lake County,
State of Utah, the Honorable Keith A. Kelly presiding.


Fibonacci Or Quasi-Symmetric Phyllotaxis. Part Ii: Botanical Observations, Stéphane Douady, Christophe Golé Dec 2016

Fibonacci Or Quasi-Symmetric Phyllotaxis. Part Ii: Botanical Observations, Stéphane Douady, Christophe Golé

Mathematics Sciences: Faculty Publications

Historically, the study of phyllotaxis was greatly helped by the simple description of botanical patterns by only two integer numbers, namely the number of helices (parastichies) in each direction tiling the plant stem. The use of parastichy num- bers reduced the complexity of the study and created a proliferation of generaliza- tions, among others the simple geometric model of lattices. Unfortunately, these simple descriptive method runs into difficulties when dealing with patterns pre- senting transitions or irregularities. Here, we propose several ways of addressing the imperfections of botanical reality. Using ontogenetic analysis, which follows the step-by-step genesis of the pattern, …


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 …


Zb, N.A. D/B/A Zions First National Bank, Plaintiff And Appellee, V. Shayne D. Crapo, Defendant And Appellant, Utah Supreme Court Dec 2016

Zb, N.A. D/B/A Zions First National Bank, Plaintiff And Appellee, V. Shayne D. Crapo, Defendant And Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from the Third Judicial District of Salt Lake County The Honorable Barry Lawrence


Interview With Bettina Love: Creating Spaces That Matter, Meca Williams-Johnson Dec 2016

Interview With Bettina Love: Creating Spaces That Matter, Meca Williams-Johnson

National Youth Advocacy & Resilience Journal

This is an interview with Dr. Bettina Love on her work with the Kindezi Schools, a small, high-performing charter group in Atlanta, Georgia. Dr. Love’s thought provoking responses provide insight into the dynamics that make Kindezi Schools successful at reaching their students. Additionally, she shares concerns about the dilemma of Opportunity School Districts (OSD) and the schism OSD’s create in minority communities. Lastly, she shares how Kindezi became an opportunity school for Atlanta youth. This interview will be beneficial for parents, principals, teachers, and stakeholders who are interested in understanding how and why creating spaces to nurture student learning matters.


Letter From The Editor Dec 2016

Letter From The Editor

International Journal of Nuclear Security

No abstract provided.


Implementation Of The 1995 Middle East Resolution: A Vital Lifeline To The Extension And Success Of The Non-Proliferation Treaty, Haidy Y. Ghoname, Howard Lewis Hall Dec 2016

Implementation Of The 1995 Middle East Resolution: A Vital Lifeline To The Extension And Success Of The Non-Proliferation Treaty, Haidy Y. Ghoname, Howard Lewis Hall

International Journal of Nuclear Security

This study highlights the core non-proliferation dilemmas we face and suggests an effective mechanism for reviving the spirit and the hope of the Non-Proliferation Treaty. An indispensable key to the treaty calls for a rethinking of what we believe should be referred to as its four pillars: disarmament, non-proliferation, peaceful uses of nuclear energy, and implementation of the 1995 Middle East Resolution. We seek to contribute to the renaissance of the non-proliferation regime by addressing seven dilemmas that arise from the way various Non-Proliferation Treaty participants pursue the goals of the four pillars undergirding the treaty. This study highlights …


A New Pathway To Enhance The Nuclear Security Regime, Francesca Giovannini Dec 2016

A New Pathway To Enhance The Nuclear Security Regime, Francesca Giovannini

International Journal of Nuclear Security

The paper investigates the approach used by a new set of regional institutions, the Disaster Preparedness and Risk Management Organizations (DPRMOs), in strengthening regional governance and cooperation. It also inquires in what ways these new institutions might indirectly contribute to the establishment of a more cohesive global nuclear security framework. More specifically, through the examination of the case of Southeast Asia, the paper argues that these institutions, albeit without a specific and direct mandate to operate in the nuclear security domain, are fundamentally strengthening states’ capacity to assess risks and threats and to map vulnerabilities in timely fashion. They are …


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 …


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.