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State V. Smart Appellant's Brief Dckt. 47310

Not Reported

No abstract provided.

Hill V. State Appellant's Reply Brief Dckt. 46780

Not Reported

No abstract provided.

State V. Black Respondent's Brief Dckt. 46802

Not Reported

No abstract provided.

State V. Leonard Appellant's Reply Brief Dckt. 46867

Not Reported

No abstract provided.

State V. Anderson Appellant's Brief Dckt. 47024

Not Reported

No abstract provided.

State V. Cunningham Appellant's Brief Dckt. 47092

Not Reported

No abstract provided.

Heading Towards An Effective Mechanism For The Protection Of Collective Interests Of Consumers – Some Comments On The Proposal For A Directive On Representative Actions, Jagna Mucha

Yearbook of Antitrust and Regulatory Studies

In April 2018, the European Commission introduced a long awaited Proposal for a Directive on represented actions, which aims to modernize the existing European collective redress system. The aim of this paper is to answer the question whether the solutions put forward in this Proposal will improve the landscape of collective redress in the EU. For this purpose, I analyse the existing model of collective consumer redress in the EU, as set forth by Directive 98/27/EC, Directive 2009/22/ EC and Recommendation 2013/396/EU; I also evaluate it from the perspective of its functionality with special consideration of key problematic issues. Against …

The Polish Leniency Programme And The Implementation Of The Ecn+ Directive Leniency-Related Standards In Poland, Patrycja Szot

Yearbook of Antitrust and Regulatory Studies

This publication discusses the current state of the Polish leniency programme and the amendments required in order to implement the ECN+ Directive (in particular in the area of specific conditions for leniency, individual sanctions, protection of leniency statements or leniency plus) as well as harmonisation flaws (primarily lack of one-stop-shop, universal language, failure to lay down rules regulating the reduction of fines or fully coordinating rules on immunity from individual sanctions, lack of harmonisation regarding applications in non-cartel cases). The author’s view is that the Polish system in broad terms corresponds to the majority of the harmonised standards owing to …

The Implementation Of The Ecn+ Directive In Hungary And Lessons Beyond, Katalin J. Cseres

Yearbook of Antitrust and Regulatory Studies

In order to facilitate national competition authorities (NCAs) in their application of EU competition rules, the EU legislator adopted Directive 2019/1/EU. The Directive’s aim is to empower the competition authorities of the Member States to be more effective enforcers of competition law and to ensure the proper functioning of the internal market. The so-called ECN+ Directive introduces minimum harmonisation rules allowing competition authorities to have common investigative, decision-making (notably fining decisions) and enforcement powers. The Directive, furthermore, sets minimum safeguards for the NCAs’ independence, accountability and resources as well as harmonizes leniency programmes including the coordination of national leniency programmes …

Editorial Foreword, Grzegorz Materna, Anna Piszcz

Yearbook of Antitrust and Regulatory Studies

No abstract provided.

New Scenarios Of The Right Of Defence Following Directive 1/2019, Marialaura Rea

Yearbook of Antitrust and Regulatory Studies

The purpose of this paper is to analyze the effects of Article 3 of Directive 1/2019 when transposing it by Member States. The incompleteness and vagueness of Article 3 of Directive 2019/1 could cause non-harmonization in the various EU Member States, especially those in Eastern Europe, of the right of defence for the defendant party in the antitrust procedure. More specifically, to avoid this effect, Member States must adapt to European standards. In doing so, the paper intends to shed some light on how the right of defence is protected by the European Commission during competition proceedings.

Directive (Eu) 2019/1 As Another Brick Into Empowerment Of Slovak Market Regulator, Hana Kováčiková

Yearbook of Antitrust and Regulatory Studies

The paper analyses the legal challenges brought to the Slovak competition law by Directive (EU) 2019/1 of the European Parliament and of the Council of 11 December 2018 to empower the competition authorities of the Member States to be more effective enforcers and to ensure the proper functioning of the internal market. The author selected particular issues from Slovak competition law and compares the state-of-the-art national situation with corresponding parts of this harmonising act. In the paper, specific attention will be given to compliance with safeguards, to the regulation of conflict of interest, to the examination of the effectiveness of …

Extending The Principle Of Economic Continuity To Private Enforcement Of Competition Law. What Lies Ahead For Corporate Restructuring And Civil Damages Proceedings After Skanska? Case Comment To The Judgement Of The Court Of Justice Of 14 March 2019 Skanska Industrial Solutions And Others (Case C-724/17), Vasiliki Fasoula

Yearbook of Antitrust and Regulatory Studies

In the tradition of civil law Member States, civil liability issues are linked to the legal entity that caused a damage, with the exception of lifting the corporate veil. The Finnish competition authority imposed fines to Finnish companies that participated in an asphalt cartel. Following that decision, an action for damages was lodged for infringement of Article 101 TFEU that ultimately led to the Skanska ruling. The European judge completes and specifies some ambiguities of the Damages Directive. From a holistic point of view of the objective pursued by both public and private enforcement of European competition law rules, the …

Competition Law Enforcement In Italy After The Ecn+ Directive: The Difficult Balance Between Effectiveness And Over-Enforcement, Giacomo Dalla Valentina

Yearbook of Antitrust and Regulatory Studies

Almost fifteen years after its adoption, the system of decentralized enforcement laid down in Regulation 1/2003 has shaped competition law in a way that could hardly be predicted, in terms of both magnitude and quality of the activities of National Competition Authorities. More recently, the so-called ‘ECN+ Directive’ was adopted to address the shortcoming of such system, namely a perceived lack of independence and accountability of several NCAs and a certain degree of divergence within the European Competition Network. In this scenario, the Italian Competition Authority has frequently been depicted as a well-equipped, independent and effective enforcer and – with …

Third Annual Conference: Innovation Economics For Antitrust Lawyers. London, 1 March 2019, Marcin Mleczko

Yearbook of Antitrust and Regulatory Studies

No abstract provided.

Collective Proceedings For Damages In Uk Competition Law Case Comment To The Judgment Merricks V Mastercard [2019] Ewca Civ 674, Kathryn Mcmahon

Yearbook of Antitrust and Regulatory Studies

Merricks v Mastercard [2019] is the first action under the newly developed ‘opt-out’ collective proceedings regime for aggregate damages under UK competition law to be considered by the UK Court of Appeal. It is significant for both the level of damages (£14 billion (€16 billion)) and the clarification of the legal test at the certification stage for the suitability for an aggregate award: the method for calculation of the aggregate damages and the sufficiency of evidence. The Court’s lowering of these thresholds importantly opens the door to future class actions and reasserts the importance of collective proceedings as a valuable …

Cumulative Enforcement Of European And National Competition Law And The Ne Bis In Idem Principle Case Comment To The Judgement Of Eu Court Of Justice Of 3 April 2019 Powszechny Zakład Ubezpieczeń Na Życie S.A. V Prezes Urzędu Ochrony Konkurencji I Konsumentów (Case C-617/17), Mario Libertini

Yearbook of Antitrust and Regulatory Studies

The judgement of EU Court of Justice in response to the request for a preliminary ruling by the Polish Supreme Court confirms that the principle of ne bis in idem, enshrined in Article 50 of the Charter of Fundamental Rights of the European Union, must be interpreted as not precluding a national competition authority from fining an undertaking in a single decision for an infringement of national competition law and for an infringement of Article 82 EC (now Article 102 TFEU). In that regard it can be concluded that the judgement does not have anything new and is just a …

Anna Piszcz And Adam Jasser (Eds.), Legislation Covering Business-To-Business Unfair Trading Practices In The Food Supply Chain In Central And Eastern European Countries, University Of Warsaw, Faculty Of Management Press 2019, 278 P., Václav Šmejkal

Yearbook of Antitrust and Regulatory Studies

No abstract provided.

Implementing The Ecn+ Directive In Lithuania: Towards An Over-Enforcement Of Competition Law?, Gintarė Surblytė-Namavičienė

Yearbook of Antitrust and Regulatory Studies

In 2018, the ECN+ Directive was issued with a goal to grant stronger powers to national competition authorities while enforcing competition law. This article analyses how the legal provisions of the ECN+ Directive have already been implemented in the Lithuanian Law on Competition, and considers what further changes may need to be made in order to fully implement the ECN+ Directive in the national law. It elaborates on the legal challenges while implementing the aforementioned Directive and provides a critical view on some of the amendments that have already been made.

The Relationship Among Health Locus-Of-Control, Value Of Health, And Health Behavior In Adolescents, Phyllis K. More

Dissertations

This study explores selected personality factors which may explain part of the variance in health behavior in adolescents. Theoretical and empirical evidence suggested that internal health expectancy and high value of health should be related to adolescents' choices of health behavior. Health expectancy was measured by the Multidimensional Health Locus of Control Scales (Wallston, Wallston & DeVellis, 1978), value of health by the Value Survey (Wallston, Maides & Wallston, 1976), and adolescent health behavior by the Student Lifestyle Survey (McKillip & Taylor, 1979). The Student Lifestyle Survey measures ten components of health behavior as follows: (1) alcohol use, (2) smoking, …

Book Review Of Religion, History, And Place In The Origin Of Settled Life, Edited By Ian Hodder, Jane Peterson

Social and Cultural Sciences Faculty Research and Publications

No abstract provided.

Working Paper No. 39, Neoliberalism As A Variant Of Capitalism, Justin Pilarski

Working Papers in Economics

Economic systems evolve over time in adapting to the needs and deficiency of the system. This inquiry seeks to establish Neoliberalism as—in the language of Barry Clark—a variant of capitalism that evolved out of retaliation of the regulated variant of capitalism. We utilize Barry Clark’s work on the evolution of economic systems in establishing the pattern of adaptation in American capitalism. Then we establish and analyze the neoliberal variant of capitalism in how this evolution retaliated against the existing system rather than adapting the preceding variant. We then consider how the economics profession reacted when the neoliberal economic policies failed …

Bayesian Characterization Of Main-Sequence Binaries In The Old Open Cluster Ngc 188, Roger E. Cohen, Ted Von Hippel, Aaron M. Geller

Publications

The binary fractions of open and globular clusters yield powerful constraints on their dynamical state and evolutionary history. We apply publicly available Bayesian analysis tools to a UBV RIJHKS photometric catalog of the open cluster NGC 188 to detect and characterize photometric binaries along the cluster main sequence. This technique has the advantage of self-consistently handling photometric errors, missing data in various bandpasses, and star-by-star prior constraints on cluster membership. Simulations are used to verify uncertainties and quantify selection biases in our analysis, illustrating that among binaries with mass ratios >0.5, we recover the binary fraction to better than …

Numerical Simulation Of Spread And Infection Risk Of Respiratory Pathogens In The Aircraft Cabin, Jiaquan Lin, Fengshan Sun, Yachong Li

Journal of System Simulation

Abstract: In order to study the transmission law of respiratory pathogens through the breath of the sick passengers in the aircraft cabin and reduce the risk of infection, the numerical model of respiratory pathogens spread in Boeing737 economy cabin is established. The dynamic propagation process of respiratory pathogens released by the sick passenger is simulated. The risk of infection for other passengers is obtained. Taking SEI (Susceptible Exposure Index) as an evaluation index,,the seats with the least risk of infection for other passengers are obtained based on the simulated data by changing the seats of the sick passengers. Some seats …

Simulation And Analysis Of Supplying Station Line Selection And Impact With Real Information, Qiguang Lü, Maozeng Xu, Zhou Xiang

Journal of System Simulation

Abstract: The choice of routes and target stations of energy supply vehicles may lead to the demand cluster at the station and then induce traffic congestion, so it's necessary to analyze the effect of different choices of route and station. Based on the traffic real information, a multi-objective integer programming model is proposed in this paper, in which energy consumption and travel time of energy constrained vehicle is the optimization objective, and a two-stage genetic algorithm which aims to find optimal the route and station is designed. The simulation results based on the emPlant show that the optimal route …

Survey On Modeling And Simulation Of Internet Public Opinion In China, Mingxin Zhang

Journal of System Simulation

Abstract: Modeling and Simulation of Internet public opinion can analyze the causes of public opinion and its transmission path, track and predict the trend of public opinion, so as to improve the ability of public opinion guidance for its control departments. This paper reviews and analyses the existing research on Modeling and simulation of Internet public opinion. From the point of view of research directions, the current research covers many directions, mainly including the evolution mechanism of Internet public opinion and the effectiveness of guidance mechanism. From the point of view of research methods, domestic research on Internet public opinion …

Modeling And Simulation Of Coordination Relationship Between Rail And Bus Lines, Wang Jian, Danqing Shen, Ziyang Wang

Journal of System Simulation

Abstract: By analyzing the coordination relationship of the collinear edges between the rail lines and the bus lines, the coordination relationship considering the complementation and the competition is defined as the goal of maximizing the utilization rate of resources and capacity matching. After the analysis of the coordination and the competition, the calculation of the coordinated coefficient are presented. Considering the influence of the disruptions on the coordination, an adjustment method of the bus lines is proposed. Taking part of Wuhan City transit network as an example, the results show that the adjusted transit system has a higher degree of …

A Comparative Study Of Esl Children's Improvement In Reading, Writing, Listening, And Speaking Using The Grapeseed Program, Morgan Mainess

Honors Theses

GrapeSEED is a program currently administered in the Berrien Springs Public School System that is specifically designed to improve literacy (reading and writing), listening, and speaking skills for English as a Second Language (ESL) chi ldren. This study analyzed whether the GrapeSEED program would significantly improve participants' development when compared to their pre-tests. Empirical observational data was additionally collected at Mars Elementary during the 2018-2019 academic year. A statistical analysis indicated significant advancement in listening and literacy with increased improvement for younger participants in the GrapeSEED program.

Purpose

This study aimed to determine the improvement in participant's development in the …

Localized Dielectric Loss Heating In Dielectrophoresis Devices, Tae Joon Kwak, Imtiaz Hossen, Rashid Bashir, Woo-Jin Chang, Chung-Hoon Lee

Electrical and Computer Engineering Faculty Research and Publications

Temperature increases during dielectrophoresis (DEP) can affect the response of biological entities, and ignoring the effect can result in misleading analysis. The heating mechanism of a DEP device is typically considered to be the result of Joule heating and is overlooked without an appropriate analysis. Our experiment and analysis indicate that the heating mechanism is due to the dielectric loss (Debye relaxation). A temperature increase between interdigitated electrodes (IDEs) has been measured with an integrated micro temperature sensor between IDEs to be as high as 70 °C at 1.5 MHz with a 30 V_pp applied voltage to our ultra-low …

Chemical Constituent And Antimalarial Activity Based On Inhibition Of Heme Polymerization From Water Extract Of Yellow Root (Arcangelisia Flava L. Merr), Yatri Hapsari, Partomuan Simanjuntak, Wien Kusharyoto, Sumi Hudiyono

Chimica et Natura Acta

In developing countries, malaria remains a disease that can spread easily and caused death. Malaria is an infectious disease caused by Plasmodium sp involving female anopheles masquitos during its transmission. Arcangelisia flava L. Merr has been investigated earlier that it can inhibited P. falciparum growth. Method of antimalarial activity based on inhibition of heme polymerization can confirm one of the mechanism of antimalarial drugs. The aim of this research to study further antimalarial activity and IC50 based on inhibition of heme polymerization and determine the chemical constituent from water extract of A. flava L. Merr. This research was conducted through …