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2016

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Erik Jensen, Appellee, V. Intermountain Healthcare, Inc., Ihc Health Services, Inc. Dba Lds Hospital, And Ihc Health Services, Inc. Dba Intermountain Medical Group, Appellants., Utah Supreme Court Dec 2016

Erik Jensen, Appellee, V. Intermountain Healthcare, Inc., Ihc Health Services, Inc. Dba Lds Hospital, And Ihc Health Services, Inc. Dba Intermountain Medical Group, Appellants., Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

On appeal from the interlocutory order of the Third Judicial District Court, Salt lake County, Honorable barry G. Lawrence, District Court No. 150900735


2010-1 Radc/Cadc Venture, Llc, As Succesors In Interest Ot America West Bank, Plaintiff And Appelle, V. Dos Lagos, Llc, A Utah Limited Liability Company, Mellon Valley, Llc, A Utah Limitied Liability Company, Roland Neil Family Limited Partnership; Roland N. Walker, An Individual And Sally Walker, An Individual, Defendants And Appellants, Utah Supreme Court Dec 2016

2010-1 Radc/Cadc Venture, Llc, As Succesors In Interest Ot America West Bank, Plaintiff And Appelle, V. Dos Lagos, Llc, A Utah Limited Liability Company, Mellon Valley, Llc, A Utah Limitied Liability Company, Roland Neil Family Limited Partnership; Roland N. Walker, An Individual And Sally Walker, An Individual, Defendants And Appellants, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from the Utah Court of Appeals


State Of Utah, Plaintiff/Petitioner, V. James Christopher Mccallie, Defendant/Respondent., Utah Supreme Court Dec 2016

State Of Utah, Plaintiff/Petitioner, V. James Christopher Mccallie, Defendant/Respondent., Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

On Writ of Certiorari to the Utah Court of Appeals


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


Thomas D. Boyle, Respondent/Appellee V. Clyde Snow & Sessions, P.C., Petitioner/Appellant, Utah Supreme Court Dec 2016

Thomas D. Boyle, Respondent/Appellee V. Clyde Snow & Sessions, P.C., Petitioner/Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

On Writ of Certiorari to the Utah Court of Appeals


Thomas D. Boyle, Respondent/Appellee V. Clyde Snow & Sessions, P.C., Petitioner/Appellant, Utah Supreme Court Dec 2016

Thomas D. Boyle, Respondent/Appellee V. Clyde Snow & Sessions, P.C., Petitioner/Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

On Writ of Certiorari to the Utah Court of Appeals


Lisa Penunuri And Barry Siegwart, Plaintiffs/ Appellants, Vs. Sundance Partners, Ltd; Sundance Holdings, Llc; Sundance Development Corp; Robert Redford; Redford 1970 Trust; Rock Mountain Outfitters, L.C.; And Does I-X. Defendants And Appellees., Utah Supreme Court Dec 2016

Lisa Penunuri And Barry Siegwart, Plaintiffs/ Appellants, Vs. Sundance Partners, Ltd; Sundance Holdings, Llc; Sundance Development Corp; Robert Redford; Redford 1970 Trust; Rock Mountain Outfitters, L.C.; And Does I-X. Defendants And Appellees., Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

ON CERTIORARI FROM UTAH COURT OF APPEALS The Honorable Frederick Voros, Presiding


Kari L. Baumann, Plaintiff/Appellant, V. The Kroger Company Dba Smith's Pharmacy #40063; And Gregory P. Tayler, M.D., Defendants/Appellees, Utah Supreme Court Dec 2016

Kari L. Baumann, Plaintiff/Appellant, V. The Kroger Company Dba Smith's Pharmacy #40063; And Gregory P. Tayler, M.D., Defendants/Appellees, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

APPEAL FROM UTAH COURT OF APPEALS AFFIRMING ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT AND ORDER OF FINAL JUDGMENT ENTERED IN THE FOURTH DISTRICT COURT, WASATCH COUNTY, STATE OF UTAH, THE HONORABLE FRED D. HOWARD PRESIDING ORAL ARGUMENT REQUESTED


Lisa Penunuri And Barry Siegwart, Plaintiffs/ Appellants, Vs. Sundance Partners, Ltd; Sundance Holdings, Llc; Sundance Development Corp; Robert Redford; Redford 1970 Trust; Rock Mountain Outfitters, L.C.; And Does I-X. Defendants And Appellees., Utah Supreme Court Dec 2016

Lisa Penunuri And Barry Siegwart, Plaintiffs/ Appellants, Vs. Sundance Partners, Ltd; Sundance Holdings, Llc; Sundance Development Corp; Robert Redford; Redford 1970 Trust; Rock Mountain Outfitters, L.C.; And Does I-X. Defendants And Appellees., Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

ON CERTIORARI FROM THE UTAH COURT OF APPEALS


State Of Utah, Plaintiff/Respondent, Vs. Desean Michael Goins, Defendant/Petitioner., Utah Supreme Court Dec 2016

State Of Utah, Plaintiff/Respondent, Vs. Desean Michael Goins, Defendant/Petitioner., Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

APPENDIX TO BRIEF ON CERTIORARI TO THE UTAH COURT OF APPEALS


Table Of Contents Dec 2016

Table Of Contents

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

Table of contents


Prohibition Of Pharmacy Advertising – The Origins And The Evaluation Of The Regulation, Joanna Wiszniewska Dec 2016

Prohibition Of Pharmacy Advertising – The Origins And The Evaluation Of The Regulation, Joanna Wiszniewska

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The main purpose of this paper is to present the origin of the introduction of the prohibition of pharmacy advertising into the Polish legal system. The first part discusses the reasons why the partial prohibition of pharmacy advertising, related to reimbursed drugs, was implemented in 2007. The paper then focuses on the absolute prohibition of the advertising of pharmacies and their operations introduced in 2012, which constitutes the strictest regulation of such kind in Europe. This will give the opportunity to critically examine both the law and its implementation. In conclusion, the current initiatives to abolish the regulation will be …


Legal Framework Governing Medicinal Advertisement In The Internet – A Critical Analysis, Mikołaj Rajca Dec 2016

Legal Framework Governing Medicinal Advertisement In The Internet – A Critical Analysis, Mikołaj Rajca

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

Advertising medicinal products en bloc generates a great deal of heated debate among professionals of various scientific orientations. In spite of this fact, on 2 July 2016, the Polish Minister of Health issued an ordinance summoning a special committee with the objective of preparing certain recommendations and references concerning, among others, advertising of medicinal products, dietary supplements and medical devices. The following article is structured so as to critically asses and analyze the legal framework governing the advertisement of medicinal products, with emphasis on their on-line advertisement. Particular significance is placed on: 1) the issue of pharmaceutical spam, including a …


Telemedicine Against The Background Of Polish Legal Rules - Opportunity Or Threat?, Monika Chojecka, Adam Nowak Dec 2016

Telemedicine Against The Background Of Polish Legal Rules - Opportunity Or Threat?, Monika Chojecka, Adam Nowak

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

Modern technology found in the diagnostic and treatment process of patients can be the future of medicine. This so-called “telemedicine” is also an important legislative issue. The article analyzes legal rules which are the cornerstone of this field in the Polish legal system. Special attention is placed on recent works devoted to the creation by the legislator of a new approach to the legal framework for telemedicine. The paper also contains an assessment of the effectiveness of the func-tioning of these legal solutions.


Seller’S Liability For A Hazardous Product Brought By Him Into Poland From Another Eu Member State – Doubts Arising From Cases Relating To Medical Devices, Ewa Rutkowska, Barbara Trabszys Dec 2016

Seller’S Liability For A Hazardous Product Brought By Him Into Poland From Another Eu Member State – Doubts Arising From Cases Relating To Medical Devices, Ewa Rutkowska, Barbara Trabszys

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The article presents the problem of the incompatibility of the manner of the implementation of the term ‘importer’ into Polish law with respect to the issue of liability for a hazardous product with the provisions of Directive 374/85, and the problems which arise as a result with regard to liability of sellers bringing a product into Poland from another EU Member State. The article provides a proposal for the interpretation of the term ‘importer’ under Article 4495 § 2 of the Civil Code, until the necessary legislative change is made that would ensure the compliance of the Polish law with …


Consequences Of The New Reimbursement Act For Patients And The Public Payer, Józef Haczyński, Zofia Skrzypczak Dec 2016

Consequences Of The New Reimbursement Act For Patients And The Public Payer, Józef Haczyński, Zofia Skrzypczak

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The Act on the Reimbursement of Medicines, Foodstuffs Intended for Particular Nutritional Uses and Medical Devices came into force on 1 January 2012. Its purpose was to transform the Polish medicine reimbursement so that the available public funds corresponded as closely as possible to the current social needs in the supply of refunded products. The consequence of the new reimbursement act – experienced painfully by patients - was a decrease in the share of reimbursement (and thus increase in patients’ contribution) in the value of the purchased medicine on prescription (Rx).


Limitations Of Internet Sales Of Otc Veterinary Medicinal Products, Magdalena Bąkowska Dec 2016

Limitations Of Internet Sales Of Otc Veterinary Medicinal Products, Magdalena Bąkowska

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The article presents binding legal provisions on the retail distribution and mail-order sales of veteri-nary medicinal products, which are the basis of the interpretations used by the Polish veterinary inspection and administrative courts whereby Internet sales of OTC veterinary medicinal products are not allowed under Polish law. The paper presents the legal background of this issue in order to assess the correctness of existing jurisprudence in this case. Additionally, the article comments on the expected changes to existing law in this field drafted at the EU level.


Dispute About Homeopathy (Or Who Rules The Market?), Jarosław Sroczyński Dec 2016

Dispute About Homeopathy (Or Who Rules The Market?), Jarosław Sroczyński

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The article discusses the effects of rulings issued by the Court of Competition and Consumer Protection (SOKiK) and the Court of Appeal concerning homeopathy upon the scope of the powers of medical self-government to regulate markets. The author provides an analysis of these powers on the basis of competition law, since the latter intersects with pharmaceutical law and laws regulating the professional activities of doctors. The author draws attention to the fact that depriving the competition authority – the UOKiK President – of the power to scrutinize the activities of professional self-government bodies may lead to adverse effects for competition …


System Of Fixed Prices For The Sale Of Prescription-Only Medicinal Products For Human Use By Phar-Macies As A Measure Having Equivalent Effect To A Quantitative Restriction On Imports. Case Comment To The Judgment Of The Court Of Justice Of The European Union Of 19 October 2016 In Case C 148/15: Deutsche Parkinson Vereinigung Ev V. Zentrale Zur Bekämpfung Unlauteren Wettbewerbs Ev, Tomasz Kaźmierczak Dec 2016

System Of Fixed Prices For The Sale Of Prescription-Only Medicinal Products For Human Use By Phar-Macies As A Measure Having Equivalent Effect To A Quantitative Restriction On Imports. Case Comment To The Judgment Of The Court Of Justice Of The European Union Of 19 October 2016 In Case C 148/15: Deutsche Parkinson Vereinigung Ev V. Zentrale Zur Bekämpfung Unlauteren Wettbewerbs Ev, Tomasz Kaźmierczak

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

No abstract provided.


Pay-For-Delay Agreements As “By Object” Violations Of Competition Law. Case Comment To The Judgment Of The General Court Of 8 September 2016 In Case T-472/13 H. Lundbeck A/S And Lundbeck Ltd V. European Commission, Paulina Wosik Dec 2016

Pay-For-Delay Agreements As “By Object” Violations Of Competition Law. Case Comment To The Judgment Of The General Court Of 8 September 2016 In Case T-472/13 H. Lundbeck A/S And Lundbeck Ltd V. European Commission, Paulina Wosik

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

No abstract provided.


Anti-Competitive Agreement Between Undertakings On The Domestic Market Of In-Vitro Fertilization Services. Case Comment To The Decision Of The President Of The Offi Ce Of Competition And Consumer Protection (Uokik) No. Rlo 4/2016 Of 1 September 2016, Emilia Kasjanowicz Dec 2016

Anti-Competitive Agreement Between Undertakings On The Domestic Market Of In-Vitro Fertilization Services. Case Comment To The Decision Of The President Of The Offi Ce Of Competition And Consumer Protection (Uokik) No. Rlo 4/2016 Of 1 September 2016, Emilia Kasjanowicz

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

Anti-competitive agreement between undertakings on the domestic market of in-vitro fertilization services. Case comment to the decision of the President of the Office of Competition and Consumer Protection (UOKiK) No. RLO 4/2016 of 1 September 2016


Institutions Of The Pharmaceutical Market, Ed. R. Stankiewicz, Wolters Kluwer, Warsaw 2016, Tadeusz Skoczny Dec 2016

Institutions Of The Pharmaceutical Market, Ed. R. Stankiewicz, Wolters Kluwer, Warsaw 2016, Tadeusz Skoczny

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

No abstract provided.


Rafał Stankiewicz, Krajowe Systemy Ochrony Zdrowia A Unia Europejska. Przykład Polski [National Healthcare Systems Vs. The European Union. The Polish Example] Wyd. Wolters Kluwer, Warszawa 2016, Ss. 455 (Mirosław Pawełczyk)., Mirosław Pawełczyk Dec 2016

Rafał Stankiewicz, Krajowe Systemy Ochrony Zdrowia A Unia Europejska. Przykład Polski [National Healthcare Systems Vs. The European Union. The Polish Example] Wyd. Wolters Kluwer, Warszawa 2016, Ss. 455 (Mirosław Pawełczyk)., Mirosław Pawełczyk

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

No abstract provided.


Competition And Regulation In Dinamically Growing Sector Of Life Sciences, Marcin Kolasiński, Tadeusz Skoczny Dec 2016

Competition And Regulation In Dinamically Growing Sector Of Life Sciences, Marcin Kolasiński, Tadeusz Skoczny

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

From Volume Editors


The Price Of Being A Trans-Atlantic Hero: Struggles Of A Migrant Mother, Erica C. Davies Dec 2016

The Price Of Being A Trans-Atlantic Hero: Struggles Of A Migrant Mother, Erica C. Davies

Capstones

Migration is a huge part of Filipino culture. Economic hardship often force some Filipinos to leave their home and their families behind in order to provide a sustainable life. This decision has resulted in over 2 million OFWs, or Overseas Filipino Workers, around the globe. OFWs are local heroes, often braving long distances, sub-par working conditions, and long work hours away from their families for months or years at a time to make sure they are properly taken care of. In a world where the 9 to 5 is seen as common practice, the stories of two women show the …


A Qualitative Study Of Gender Issues Associated With Academic Mentoring In A Nigerian University., Oghoadena Clementina Osezua Dr Dec 2016

A Qualitative Study Of Gender Issues Associated With Academic Mentoring In A Nigerian University., Oghoadena Clementina Osezua Dr

Journal of Educational Research and Practice

There is an upsurge in the establishment of private and public universities in Nigeria. The development has opened up the need for quality and seasoned academics, but minimal opportunities exist for mentoring of young academics. This article explores the mentoring opportunities and challenges of young female academics faced in a male dominant university system. From an exploratory qualitative design, this article generates empirical evidence through structured a face-to-face interview with purposively selected 36 female academics. The participants were recruited from the Obafemi Awolowo University, a first-generation, public-owned university in Nigeria. A thematic analysis of the data revealed common challenges in …


The Empowering Effects Of Cooperative Development Among Indigenous Women In Southern Mexico, Dawn Mccarty 2212729, Damaris Cortez, Beth A. Bee Dec 2016

The Empowering Effects Of Cooperative Development Among Indigenous Women In Southern Mexico, Dawn Mccarty 2212729, Damaris Cortez, Beth A. Bee

Journal of Family Strengths

Abstract

The Zapatista uprising, rebellion, and ongoing attempts to create a new way of life inside Mexico is unique. While Zapatistas have purposely isolated themselves from the Mexican government, they are not isolated from surrounding communities. Zapatista influences can be seen in the practices and organization of cooperatives and in the altered role of indigenous women in the surrounding communities. This study focuses on four cooperatives: one located in the city of San Cristobal de las Casas, Mexico, and the others in rural surrounding areas. The selected collectives produce traditional artisan work, basic food staples, natural personal care products, …


Community-Based Partnerships: Collaboration And Organizational Partnerships In Criminal Justice, Meghan E. Hollis Dec 2016

Community-Based Partnerships: Collaboration And Organizational Partnerships In Criminal Justice, Meghan E. Hollis

Journal of Family Strengths

This research examined a collaborative communitypractitioner partnership involving many justice and non-justice system agencies in Tarrant County, Texas. The study examined the challenges of a community-based partnership for solving jail overcrowding issues and the overincarceration of mentally ill individuals. This research involved working with the behavioral and mental health providers, substance abuse services providers, health services providers, police, prosecutors, defense attorneys, judges, sheriff’s office, county administration, court administration, jail staff, reentry services providers and organizations, victim services organizations, and so many more. In this paper the focus is on the importance of reducing conflict between entities that see themselves as …


Micro-Meso-Macro Comparative Law: An Essay On The Methodology Of Comparative Law, Alessandro Romano Dec 2016

Micro-Meso-Macro Comparative Law: An Essay On The Methodology Of Comparative Law, Alessandro Romano

Chicago-Kent Journal of International and Comparative Law

There are strong analogies between the quest for a methodology of comparative law and the broader debate on the epistemology of social and natural sciences. In this vein, after having explored the dispute between holists and reductionists, I argue that the dichotomy between micro and macro comparative law ought to be abandoned. Building on the insights of social theory, I introduce a specific framework to bridge the two levels of enquiry through a meso analysis. This framework is applied to investigate the robustness of the findings of the legal origin theory.


On Saints, Sinners, And Sex In The Apocalypse Of Saint John And The Sefer Zerubbabel, Natalie Latteri Dec 2016

On Saints, Sinners, And Sex In The Apocalypse Of Saint John And The Sefer Zerubbabel, Natalie Latteri

Theology & Religious Studies

The Apocalypse of St. John and the Sefer Zerubbabel [a.k.a Apocalypse of Zerubbabel] are among the most popular apocalypses of the Common Era. While the Johannine Apocalypse was written by a first-century Jewish-Christian author and would later be refracted through a decidedly Christian lens, and the Sefer Zerubbabel was probably composed by a seventh-century Jewish author for a predominantly Jewish audience, the two share much in the way of plot, narrative motifs, and archetypal characters. An examination of these commonalities and, in particular, how they intersect with gender and sexuality, suggests that these texts also may have functioned similarly as …