Law Commons^™

State Of Utah, Plaintiff/Appellee, Vs. Michael Rowan And Rebecca George, Defendants/Appellants, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from a final order dismissing the charges against defendants, which dismissal was entered on the ground that the district court's orders suppressing evidence substantially impaired the prosecution's cases, in the Fourth Judicial District, Utah County, the Honorable Derek P. Pullan presiding

State Of Utah, Plaintiff/Appellant, Vs. Michael Rowan & Rebecca George, Defendant/Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

State's appeal from the Fourth District Court, Utah County, state of Utah, from order of dismissal of charges against defendants after the trial court granted defendants' motion to suppress, before the Honorable Derek P. Pullan

State Of Utah, Plaintiff/Appellant, Vs. Michael Rowan & Rebecca George, Defendant/Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

State's appeal from the Fourth District Court, Utah County, state of Utah, from order of dismissal of charges against defendants after the trial court granted defendants' motion to suppress, before the Honorable Derek P. Pullan

State Of Utah, Plaintiff/Petitioner, V. Manuel Antonio Lujan, 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. Manuel Antonio Lujan, Defendant/Respondent, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

On Writ of Certiorari to the Utah Court of Appeals

State Of Utah, Appellant, V. Manual Antonio Lujan, Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

On Writ of Certiorari to the Utah Court of Appeals

Conditions For The Initiation Of Inspections Or Searches In Antitrust Cases Conducted Under The Competition Act And The Requirements Of Article 8 Of The European Charter Of Human Rights, Grzegorz Materna

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

The article presents the conditions for the initiation of inspection or search in antitrust cases conducted under the Act on Competition and Consumer Protection and the requirements of Article 8 of the European Charter of Human Rights. Basing on the latest jurisprudence of the Court of Human Rights, in particular on judgement in case no. 97/11 Delta Pekárny a.s. v. the Czech Republic, the author presents conditions for compliance of inspections and searches aimed at obtaining evidence of possible anti-competitive practices with the right to respect for private life and home. On this basis the conclusions are made on the …

Case Comment To The Judgement In Cases C-399/10 P And C-401/10 P Bouygues I Bouygues Télécom V. Commission, Aleksandra Kłoczko

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

No abstract provided.

Marta Michałek, Right To Defence In Eu Competition Law: The Case Of Inspections, Wydawnictwo Naukowe Wydziału Zarządzania Uw, Warsaw 2015, S. 431, Krystyna Kowalik-Bańczyk

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

No abstract provided.

When The Violation Of Competition Is Legally Discovered? The Limits Of Inspections, Maciej Bernatt

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

From the Volume Editor

Extending Copyright Protection To Combat Free-Riding By Digital News Aggregators And Online Search Engines, Nancy J. Whitmore

Catholic University Journal of Law and Technology

No abstract provided.

Should Indonesia Accede To The 1951 Refugee Convention And Its 1967 Protocol?, Dita Liliansa, Anbar Jayadi

Indonesia Law Review

Being a non-party to the 1951 Convention relating to the Status of Refugees (“1951 Refugee Convention”) and 1967 Protocol relating to the Status of Refugees (“1967 Protocol”), Indonesia does not have legal obligations to provide permanent resettlement for asylum seeker and/or refugee. However, as a transit country for those seeking shelter in Australia, Indonesia undergoes a myriad of issues resulting from illegal entrance by asylum seeker and/or refugee. Besides having neither legal framework nor domestic mechanism to handle asylum seekers and/or refugee, Indonesia’s immigration law identifies every foreigner including asylum seeker and refugee who unlawfully enter Indonesia’s territory into the …

Unsettling: Syrian Refugees And The Struggle To Resettle, Marguerite Ward

Capstones

The federal government oversees a complex program to help Syrian refugees come to the U.S.. But the effort does not always live up to all its promises, potentially making the path more difficult for refugees striving to adapt to their new homeland.

Police Misconduct Towards The Transgender Community, Carlotta Mohamed

Capstones

Kristen Lovell, a black transgender woman and activist, takes precautions everyday as she rides the subway from the Bronx to Manhattan for work. “I know there are people who are intolerant of trans people or have some chip on their shoulder because I exist, and I’m a firm believer in self-defense,” said Lovell, 35, program coordinator at the Metropolitan Community Church of New York. “It could be because I’m black, it could be because I’m trans...they just feel like slicing my face today. I don’t know."

Fergason V. Las Vegas Metropolitan Police Dept., 131 Nev. Adv. Op. 94 (Dec. 31, 2015), Lena Rieke

Nevada Supreme Court Summaries

The Court determined (1) the district court erred in granting summary judgment to the State because the State failed to present evidence demonstrating no genuine issue of material fact existed as to whether the funds it seized from petitioner’s bank accounts were subject to forfeiture as proceeds attributable to the petitioner’s commission of a felony; (2) the State’s forfeiture of funds seized from a bank account will not stand without evidence connecting the funds to criminal activity; and (3) NRS § 179.1173(4) requires the State to prove by clear and convincing evidence the property is subject to forfeiture.

The Court …

Piroozi V. Eighth Jud. Dict. Ct., 131 Nev. Adv. Op. 100 (Dec. 31, 2015), Jessie Folkestad

Nevada Supreme Court Summaries

Real parties in interest, Hurst and Abbington sought and obtained a pretrial order from the district court barring petitioners, Dr. Piroozi and Dr. Blahnik, from arguing comparative fault of settled defendants at trial and including those defendants’ names on the verdict forms. In granting the Writ of Mandamus filed by the petitioners, the Supreme Court of Nevada resolved a conflict between NRS 41.141(3) and NRS 41A.045, holding that NRS 41A.045 preempts NRS 41.141(3) and entitles a defendant to argue the percentage of fault of settled defendants at trial and to include the settled defendant’s names on the jury verdict form.

State V. Boston, 131 Nev. Adv. Op. 98 (Dec. 31, 2015), Nancy Snow

Nevada Supreme Court Summaries

The Court considers an appeal from a district court order granting a post-conviction petition for a writ of habeas corpus. Specifically, the Court considered whether the holding in Graham applies when an aggregate sentence imposed against a juvenile defender convicted of more than one nonhomicide offense is the equivalent of a life-without-parole sentence. The Court held that it does.

Loac And Artillery In Urban Areas: The Case Of Gaza 2014, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Masthead

Journal of Digital Forensics, Security and Law

No abstract provided.

Neurologists Look At Causes Of Baffling Brain Condition, Maggie Freleng

Capstones

It can be hard getting help for someone with mental illness, but almost impossible when that person doesn't think they are sick. At at least half of people with schizophrenia, for example, insist that the voices they hear are real. People who do not know they are ill often refuse therapy and medication -- and their symptoms can spiral out of control. Doctors call this lack of awareness anosognosia. Neurologists are trying to discover what causes this baffling condition--and how to treat it.

Daily Fantasy Sites Engage In A Legal War For Survival, Danni R. Santana

Capstones

Over the past two years, the world has changed its perception of daily fantasy sports. FanDuel and DraftKings have taken the world by storm, making huge profits off even the casual fans desire to win money everyday, instead of just once at the end of a season. Lawmakers have noticed and are eager to regulate the business or ban it altogether, as seen in New York. What was once a weekend hobby is now a multi-billion dollar business. A business lawmakers say is just another form of gambling and doesn't require skill.

The Policy Exploration Of The South African Exclusive Economic Zone /, Thulile Khanyile

World Maritime University Dissertations

No abstract provided.

Criminal Procedures And Sanctions Against Seafarers After Large-Scale Ship-Source Oil Pollution Accidents : A Human Rights Perspective, Anete Logina

World Maritime University Dissertations

The international maritime community is highly concerned about the unfair application of criminal procedures and sanctions against seafarers, particularly after large-scale ship-source oil pollution accidents, because such unfairness may cause severe negative consequences for individual seafarers and the shipping sector in broader terms. A lot of work has already been done towards the elimination of the respective unfairness. Yet, the unfair practice continues. This dissertation attempts to give new ideas as to how to facilitate the fair application of criminal procedures and sanctions against seafarers after large-scale ship-source oil pollution accidents.

The dissertation starts with the clear definition and comprehensive …

Legal Framework And Mechanism Of Marine Fisheries Subsidies In The Aspects Of International Trade And Sustainable Development, Adijaya Yusuf, Melda Kamil Ariadno, Arie Afriansyah

Indonesia Law Review

Issues in fisheries have been regulated in various international conventions. The United Nations Convention on the Law of the Sea 1982 (UNCLOS 1982) has builta regime in the field of conservation and management of fishery resources based upon maritime zones or fish species that exist and available in this zone. However, UNCLOS 1982 only focuses on the issue of fisheries in the Exclusive Economic Zone (EEZ) and the high seas, thus it was not sufficient to overcome the problems of high frequent of fishing in maritime zones which are fully subject to the jurisdiction of coastal states, such as in …

Multiple Authorisation: The Legal Complexity Of Desentralisasi In Indonesia And The Potential Contribution Of Iias In Reducing Confusion, Michael Ewing-Chow, Junianto James Losari

Indonesia Law Review

Decentralisation system in Indonesia was introduced after the fall of the former President Soeharto with the objective of ensuring good governance and equitable development across all regions in the country. Unfortunately, the implementation of desentralisasi has been complicated. Some scholars have suggested that the model was flawed as it did not consider Indonesia’s context of less developed administrative institutions in the regions. Not only did desentralisasi cause headaches for the government, it also created confusion for foreign investors. Consequently, it affects the investment climate in the country and undermines the perception of Indonesia as an attractive place to invest in. …

Proposing An Integrative-Progressive Model In Handling Troubled Indonesian Overseas Workers In The Transit Area (A Socio-Legal Research In Tanjung Pinang City, Kepulauan Riau Province), Rina Shahriyani Shahrullah, Elza Syarief

Indonesia Law Review

Tanjung Pinang City of the Riau Islands Province (Provinsi Kepulauan Riau) is a transit area for the troubled Indonesian overseas workers from Singapore and Malaysia. The Indonesian National Board for the Placement and Protection of Indonesian Workers (Badan Nasional Penempatan dan Perlindungan Tenaga Kerja Indonesia/BNP2TKI) reported that 15,105 troubled Indonesian overseas workers were deported from January to November 2014 via Tanjung Pinang City. Previous research revealed that citizens of Tanjung Pinang City criticized the treatments given by the local government to the deported workers by reason that they were not the citizens of the Riau Islands Province, yet the local …

Designing A 21st Century Corporate Tax – An Advance U.S. Minimum Tax On Foreign Income And Other Measures To Protect The Base, Stephen E. Shay, J. Clifton Fleming Jr., Robert J. Peroni

Faculty Scholarship

The 21st Century has seen unprecedented levels of corporate tax aggressiveness and avoidance. This article continues our exploration of second best international tax reforms that would protect the U.S. corporate tax base and have some likelihood of adoption. In this case, we consider how a U.S. minimum tax on foreign income earned by a controlled foreign corporation should be designed to protect the United States against erosion of its corporate income tax base and to combat tax competition by low-tax intermediary countries. In the authors’ view, a minimum tax should be an interim levy that preserves the residual U.S. tax …

Limitation Of Liability For Maritime Claims : A South African Perspective, Wandile Zondo

World Maritime University Dissertations

The dissertation is a study of the South African limitation of liability for maritime

claims regime in relation to the International conventions on the subject. South

Africa is not a party to the limitation of liability international conventions. South

African limitation legislation is considered and compared to the International

conventions on certain aspects.

Judicial perspectives of certain aspects in relation to the concept of limitation of

liability, like, inter alia, onus of proof, conduct barring limitation and forum

shopping are discussed. In the South African limitation regime, shipowners can

discharge the onus by proving an absence of fault or privity. …

Existing Conventions And Unmanned Ships - Need For Changes?, Tomotsugu Noma

World Maritime University Dissertations

Driven by ambitious technological developments in automation, statistical figures illustrating that up to ninety per cent of maritime accidents are caused directly or indirectly by Human Element and last but not least by the aspiration to make shipping cos-effective, there are numerous ongoing research and technological developments to realize unmanned ships. In the light of those recent developments this dissertation studies if there is a necessity for changes of existing conventions when introducing unmanned ships into the current maritime transportation system. ’Unmanned ships’ is new trend and there are a lot of ongoing projects. However, there are still many topics …

Liability And Compensation Due To Transboundary Pollution Caused By Offshore Exploration And Exploitation : Imo Competence And Development Of Guidelines, Sebastian Pizarro Klein

World Maritime University Dissertations

The dissertation is an analysis on the problem of the prevailing legal lacuna regarding responsibility and liability due transboundary offshore pollution. The investigation starts with the examination of the discussion at IMO and its competence to regulate the offshore industry. Afterwards the discussion at the Legal Committee of IMO is analyzed through the different doctrines developed by the authors and the International Court of Justice. Based on a possible competence of the IMO, we introduce the discussion on which international instrument is appropriate to regulate the legal lacuna. Finally, in the concluding chapters, different international instruments are compared highlighting the …