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Exploitative Abuse Of A Dominant Position In The Bulgarian Energy Markets, Miroslava Marinova, Kremena Yaneva-Ivanova

Yearbook of Antitrust and Regulatory Studies

In the last few years the behavior of undertakings operating in the regulated utility markets, such as energy, water and communications, has been in the focus of the Bulgarian Competition Authority (hereinafter, BCA). Typically, these companies are dominant due to their exclusive licenses to operate in a certain territory and thus the contents of their contractual relationships with customers are often defined in general terms and conditions (hereinafter, GTCs) adopted or approved by the respective sector regulator. Most or all aspects of their pricing policy is also subject to sector regulation. By analysing critically two landmark decisions of the BCA …

Arbitration Agreements And Actions For Antitrust Damages After The Cdc Hydrogen Peroxide Judgment, Katarzyna Sadrak

Yearbook of Antitrust and Regulatory Studies

On May 21st 2015, the Court of Justice of the European Union in CDC Hydrogen Peroxide decided whether the application of jurisdiction clauses in actions for damages impedes the effective enforcement of EU competition law. The CJ stayed silent, however, on how to treat arbitration clauses, which similarly to jurisdiction clauses, exclude a default court jurisdiction. The question of how to interpret arbitration agreements in the event of an antitrust violation and subsequent actions for damages remains thus unanswered. In light of the foreseen increase in private enforcement of EU competition law, this problem gains significance. This is because arbitration …

Insights From The Slovak Hybrid Mail Services Case. Case Comment To The Judgement Of The General Court Of 25 March 2015 And Order Of Court Of Justice Of The Eu Of 30 June 2016 Slovenská Pošta V Commission (Cases T-556/08, C-293/15p), Karolis Kačerauskas

Yearbook of Antitrust and Regulatory Studies

The Slovak hybrid mail services case (or Slovenska posta case) is truly unique in EU jurisprudence. Within the last decade, the European Commission rarely applied Article 106(1) in conjunction with Article 102 TFEU to challenge competition distortions in individual cases. Thus Slovenska posta constitutes one of the rare examples of such enforcement. Slovenska posta also constitutes a very rare example of a judicial review of Commission decisions based on Article 106(1) and 102 TFEU. Slovenska posta is only the second case when European courts were called upon to review the application of Article 106(1) and 102 TFEU by the Commission …

The State Of Utah, Plaintiff/Appellee, V. Jeremy Bowden, Defendant/Appellant : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

REPLY BRIEF OF APPELLANT

Appeal from a judgment of conviction for one count of Attempted Aggravated
Murder, a first degree felony, in violation of Utah Code 76-5-202, one count of
Receiving or Transferring Stolen Motor Vehicle, Trailer, or Semitrailer, a second
degree felony, in violation of Utah Code 41-1a-1316, one count of Obstructing
Justice, a second degree felony, in violation of Utah Code 76-8-306(1),four
counts of Felony Discharge of Firearm, a third degree felony, in violation of Utah
Code 76-10-508.1, and one count of Fail to Stop at Command of Law Officer, a
class A misdemeanor, in violation of Utah …

State Of Utah, Plaintiff/Appellee, V. Jacquan David Wilson, Defendant/Appellant : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

RELY BRIEF OF APPELLANT

Appeal from Sentence, Judgment, Commitment entered on November 16, 2017, in the
Second District Court, Davis County the Honorable Robert J. Dale, presiding

ORAL ARGUMENT CALENDARED

State Of Utah, Plaintiff/Appellee, V. David Bryce Jones, Defendant/Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Brief of Appellant

Appeal from convictions for abuse, neglect or exploitation of a vulnerable
adult, and unlawful dealing of property by a fiduciary, both second degree
felonies, in the Third Judicial District, Salt Lake County, the Honorable James
T. Blanch presiding.

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

Utah Court of Appeals Briefs (2007– 2019)

Brief of Appellee

Transferred appeal from convictions for aggravated robbery,
a first degree felony, and leaving the scene of an accident, a
class A misdemeanor, in the Third Judicial District, Salt Lake
County, the Honorable Paul B. Parker presiding

Thomas G. Martin, M.D., Plaintiff-Appellant, V. The University Of Utah; The University Of Utah College Of Pharmacy; The Utah Poison Control Center; Barbara Crouch; In Her Official And Individual Capacities; Diana Brixner, In Her Official And Individual Capacities; Erik Barton, In His Official And Individual Capacities; Stephen Hartsell, In His Individual And Official Capacities; Samuel Finlayson, In His Official And Individual Capacities; Heidi Thompson, In Her Official And Individual Capacities; Paula Peacock, In Her Official And Individual Capacities, And Does 1-10, In Their Official And Individual Capacities. Defendants-Appellees. : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

APPELLANT'S REPLY BRIEF

Appeal from the Third Judicial District Court
In and for Salt Lake County, State of Utah
The Honorable Andrew H. Stone

ORAL ARGUMENT REQUESTED

Labor Commission Plaintiff-Appellant, V. Derek Price, Defendant-Appellee. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

OPENING BRIEF OF APPELLANT LABOR COMMISSION

Appeal from the Final Order of the Third Judicial District Court in
and for Salt Lake County, Honorable Su J. Chon
No. 126918635

The State Of Utah, Plaintiff/Appellee V. Adam Zakaria Ahmed, Defendant/Appellant. : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

REPLY BRIEF OF APPELLANT

Appeal from a judgment of conviction for Possession of a Controlled Substance
with Intent to Distribute, a Third Degree Felony, in violation of Utah Code
58-37-8(1)(a)(iii) (2016), in the Third Judicial District, in and for Salt Lake
County, State of Utah, the Honorable Paul Parker presiding.

Appellant is not incarcerated

Rodney B. Benson, Petitioner/Appellant, V. Utah Labor Commission, Utah Division Of Alcoholic Beverage Control, And Wcf Mutual Insurance Company (Wcf) Respondents/Appellees. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Response Brief of Appellees WCF Mutual Insurance Company and
Utah Division of Alcoholic Beverage Control

Ohio's Modern Courts Amendment Must Be Amended: Why And How, Richard S. Walinski, Mark D. Wagoner Jr.

Cleveland State Law Review

A 1968 amendment to the Ohio Constitution granted the Supreme Court of Ohio the authority to promulgate “rules governing practice and procedure” for Ohio courts. The amendment also provided that “[a]ll laws in conflict with such rules shall be of no further force or effect after such rules have taken effect” and that no rule may “abridge, enlarge, or modify any substantive right.”

Although the amendment was explicit about automatic repeal of existing laws, it says nothing about whether the General Assembly may legislate on a procedural matter after a court rule takes effect. That silence has caused enduring confusion. …

Table Of Contents, Editorial Board, Law School Faculty And Administration, Unlv Gaming Law Journal, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

UNLV Gaming Law Journal

No abstract provided.

A Moral Debate At The Invisible Rainbow: Thoughts About Best Practices In Servicing Lgbtq Students In Special Education, Bernardo E. Pohl Jr, Matthew Fugate, John Kelly

Journal of Family Strengths

Instead of occupying a marginal space within teacher preparation programs, special education courses and training should promote diversity in servicing marginalized groups such as lesbian, gay, bisexual, transgender, and questioning (LGBTQ) students. Within these programs, issues related to LGBTQ students should occupy a meaningful and formative space in the training of future teachers in special education. Often, special education teachers are at a loss about how to educate LGBTQ students with disabilities. Rethinking the role of special education and LGBTQ students with special needs within teacher education programs enables pre-service teachers to cultivate new values and attitudes that can enrich …

The Oral History Of A.J. "Bud" Hicks, Unlv Gaming Law Journal, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

UNLV Gaming Law Journal

A.J. “Bud”Hicks is known to be one of Nevada’s most experienced gaming law practitioners. He formerly served as the Chief Deputy Attorney General, representing the Nevada Gaming Control Board and the Nevada Gaming Commission. Today, Hicks continues to practice gaming law, working with clients that include publicly traded gaming companies, lenders of gaming operators, and others who seek to enter the gaming industry.

Stuck In Ohio's Legal Limbo, How Many Mistrials Are Too Many Mistrials?: Exploring New Factors That Help A Trial Judge In Ohio Know Whether To Exercise Her Authority To Dismiss An Indictment With Prejudice, Especially Following Repeated Hung Juries, Samantha M. Cira

Cleveland State Law Review

Multiple mistrials following validly-prosecuted trials are becoming an increasingly harsh reality in today’s criminal justice system. Currently, the Ohio Supreme Court has not provided any guidelines to help its trial judges know when to make the crucial decision to dismiss an indictment with prejudice following a string of properly-declared mistrials, especially due to repeated hung juries. Despite multiple mistrials that continue to result in no conviction, criminal defendants often languish behind bars, suffering detrimental psychological harm and a loss of personal freedom as they remain in “legal limbo” waiting to retry their case. Furthermore, continuously retrying defendants cuts against fundamental …

France - The French Reform Of Contract Law: The Art Of Redoing Without Undoing, Mustapha Mekki

Journal of Civil Law Studies

No abstract provided.

Social Obligations Of Land Rights On Chinese Collective-Owned Land, Zhe Huang

Journal of Civil Law Studies

This article critically examines social obligations on Chinese collective-owned land. Current social responsibilities on Chinese collective-owned land are inadequate, ineffective, and distorted. Rural property right holders do not owe sufficient social burdens to society. As rural land regulators, rural collectives should have the authority to regulate and manage agricultural land use. Because of the vague and weak identity of rural collectives, collectives have limited authority and resources in restricting and regulating rural land use rights. As rural landowners, collectives violate their social responsibilities by misusing agricultural land and harming society. This article argues that for agricultural land, where physical characteristics …

Evelyn L. Wilson, The Justices Of The Supreme Court Of Louisiana 1865-1880, Georgia Chadwick

Journal of Civil Law Studies

No abstract provided.

Examining Attentional Control And Processing Speed Deficits As Underlying Mechanisms Of Neuropsychological Impairment In Schizophrenia, Mayte Forte

Graduate Masters Theses

Neuropsychological impairment is a key characteristic of schizophrenia (SZ), but its cognitive profile and underlying information processing mechanisms are not yet well understood. We compare patterns of neuropsychological functioning in 85 persons with SZ and 76 healthy controls across measures of intelligence, memory, and executive function. We then test the hypothesis that neuropsychological impairment in SZ is related to dual deficits in two related but distinct information processes: processing speed and attentional control. All research participants completed Wechsler Adult Intelligence Scale-Third Edition (WAIS-III), Wechsler Memory Scale Third Edition (WMS-III), and Wisconsin Card Sorting Test (WCST), all of which provided measures …

Maternity High Dependency Care In Obstetric Units Remote From Tertiary Referral Centres: Findings Of A Modified Delphi Study, A James, R Endacott, E Stenhouse

School of Nursing and Midwifery

Background. Increasing numbers of pregnant and postnatal women require higher levels of care, including maternity high dependency care (MHDC), due to comorbidities and/or obstetric complications. Up to 5% of women in the UK will receive MHDC, although there are varying opinions as to the defining features and definition of this care. Furthermore, some evidence suggests that the size and type of obstetric unit (OU) influences the way MHDC is provided. Objectives. The aim of this modified Delphi study was to ‘determine what constitutes high dependency care in OUs remote from tertiary referral centres’. The research objectives were to achieve a …

Labor Commission, Appellant/Cross-Appellee, V. Derek Price, Appellee/Cross-Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLEE / CROSS-APPELLANT DEREK PRICE

APPEAL FROM THE THIRD JUDICIAL DISTRICT COURT IN
AND FOR SALT LAKE COUNTY, STATE OF UTAH,
THE HONORABLE SU CHON
CASE NO. 126918635

Thomas G. Martin, M.D., Plaintiff-Appellant, V. The University Of Utah; The University Of Utah College Of Pharmacy; The Utah Poison Control Center; Barbara Crouch; In Her Official And Individual Capacities; Diana Brixner, In Her Official And Individual Capacities; Erik Barton, In His Official And Individual Capacities; Stephen Hartsell, In His Individual And Official Capacities; Samuel Finlayson, In His Official And Individual Capacities; Heidi Thompson, In Her Official And Individual Capacities; Paula Peacock, In Her Official And Individual Capacities, And Does 1-10, In Their Official And Individual Capacities. Defendants-Appellees. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLANT

Appeal from the Third Judicial District Court
In and for Salt Lake County, State of Utah
The Honorable Andrew H. Stone

ORAL ARGUMENT REQUESTED

Heartwood Home Health & Hospice, Llc, Plaintiff/Appellant, Vs. Rita Huber And Glenna Molyneux, Defendants/Appellees. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

OPENING BRIEF OF APPELLANT

Appeal from a Judgment
Entered by the Third Judicial District Court,
Honorable John Paul Kennedy Presiding

Shane Nebeker, Appellant, Vs. Trisha Ann Orton, Appellee. : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

APPELLANT'S REPLY BRIEF

Muddy Boys, Inc., Petitioner, V. The Department Of Commerce Of The State Of Utah, Respondent. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

RESPONSE BRIEF OF RESPONDENT
DEPARTMENT OF COMMERCE

Appeal from the Final Agency Action of the Department of Commerce
No. DOPL-2015-605

The Eleventh Circuit Dreadlocks Ban And The Implications Of Race Discrimination In The Workplace, Jacqueline Frank

Barry Law Review

No abstract provided.

Substantive And Procedural Issues Of Cement Sector Investigations In Turkey, Hanna Stakheyeva, Ertugrul Canbolat

Yearbook of Antitrust and Regulatory Studies

In 2016, the Turkish Competition Authority (hereinafter, TCA) published the Cement Sector Inquiry Report (hereinafter, Cement Sector Report) following more than two years of market analysis. One of the reasons for conducting such a market inquiry was the fact that the implementation of competition rules and accuracy of the economic analysis by the TCA in cement cases were frequently criticized. In order to provide some guidance and have better understanding about the competitive dynamics of the cement market, the TCA initiated the inquiry in 2014. Another reason for the inquiry was the importance of the cement industry for the construction …

Thomas G. Martin, M.D., Plaintiff-Appellant, V. The University Of Utah; The University Of Utah College Of Pharmacy; The Utah Poison Control Center; Barbara Crouch; In Her Official And Individual Capacities; Diana Brixner, In Her Official And Individual Capacities; Erik Barton, In His Official And Individual Capacities; Stephen Hartsell, In His Individual And Official Capacities; Samuel Finlayson, In His Official And Individual Capacities; Heidi Thompson, In Her Official And Individual Capacities; Paula Peacock, In Her Official And Individual Capacities, And Does 1-10, In Their Official And Individual Capacities. Defendants-Appellees : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLANT

Appeal from the Third Judicial District Court
In and for Salt Lake County, State of Utah
The Honorable Andrew H. Stone

ORAL ARGUMENT REQUESTED

Labor Commission, Appellant/Cross-Appellee, Vs. Derek Price, Appellee/Cross-Appellant. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLEE / CROSS-APPELLANT DEREK PRICE

APPEAL FROM THE THIRD JUDICIAL DISTRICT COURT IN
AND FOR SALT LAKE COUNTY, STATE OF UTAH,
THE HONORABLE SU CHON
CASE NO. 126918635