Law Commons^™

Extraterritorial Application And Customary Norm Assessment Of Non-Refoulement: The Legality Of Australia's 'Turn-Back' Policy, James Mansfield

The University of Notre Dame Australia Law Review

This article considers whether the Commonwealth Government’s border protection policy of turning back asylum seeker boats breaches its international obligation not to refoule refugees, as imposed under the Refugee Convention art 33(1). In addressing this issue the article examines whether art 33(1) applies extraterritorially, and whether a similar obligation has become embedded in customary international law. The conclusions reached are applied to specific situations where Australia has returned refugees.

Alternative Restrictions Of Sex Offenders' Social Media Use & The Freedom Of Speech, Norah M. Sloss

Catholic University Journal of Law and Technology

No abstract provided.

Patricia Beckman, An Individual, Plaintiff, Counterclaim Defendant, And Appellant Vs. Cybertary Franchising, Inc.; Franchise Foundry, Llc; And Christian Faulconer, An Individual, Defendants, Counterclaimant (As To Cybertary), And Appellees. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLEES

Appeal from the Fourth Judicial District Court of
Utah County
The Honorable Darold J. McDade, District Court Judge

Internal Policing Of The Enduring Issue Of Racism In Professional Team Sports, Chris Davies, Neil Dunbar

The University of Notre Dame Australia Law Review

The issue of racism is one that is covered by both international treaties and domestic legislation. Most major sports, however, now have internal regulations, usually reflecting the treaties and legislation. Case studies from Australian, English and European sport, in particular, football, basketball, cricket and rugby league, indicate that the internal regulations have been effective in dealing with racism issues in those sports. The issues have involved players, managers, coaches, owners, officials and spectators, with the latter representing the main problem area for sport. The reasons for this are that it can be harder to identify the culprits and there is …

Is The Health Star Rating System A Thin Response To A Fat Problem? An Examination Of The Constitutionality Of A Mandatory Front Package Labeling System, Mariette Brennan

The University of Notre Dame Australia Law Review

The Commonwealth of Australia has begun the implementation of a new front package labelling system for packaged food products. Despite calls from various health groups advocating for a mandatory front package labelling system, the Commonwealth opted for a voluntary system that relies on the goodwill of individual companies for its implementation. In discussing Australia’s obesity epidemic that has given rise to a need for front package labelling, this paper examines the constitutionality of mandatory front package labelling requirements. It argues that as the Commonwealth Government has the requisite jurisdiction to make the system mandatory it should forego voluntary implementation in …

From Cause To Responsibility: R2p As A Modern Just War, Zamaris Saxon, Lara Pratt

The University of Notre Dame Australia Law Review

This article examines the relationship between just war theory and the modern principle of responsibility to protect (R2P). In the absence of the principle’s clear use as a justification for the use of force, this article considers two situations which prompted debate about the applicability of the principle - the UN Security Council authorised no-fly-zone in Libya in 2011 and the decision not to use force in Syria in 2012. The article’s core message is that the debates about R2P suggest that rather than view R2P as a ‘new’ principle of international law, it should be viewed as a modern …

10 Jahre Ugp-Richtlinie: Erfahrungen Und Perspektiven, Berlin, 7–8 May 2015, Monika Namysłowska, Agnieszka Jabłonowska

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

Berlin, 7–8 May 2015

Entire Issue Vol. 4 No. 8

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

Vol. 4(8)

Limits Of The Powers Of Inspection Of The European Commission In The Light Of The Recent Case Law Of The European Court Of Justice, Marta Michałek-Gervais

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

The article analyzes the selected limits of the powers of inspection of the European Commission in the light of recent case law of the Court of Justice of the European Union, ie. cases Nexans and Deutsche Bahn. The author discusses the obligation to state reasons for decisions ordering inspections, problematic issues related to the abuse of the Commission’s powers of inspection (fishing expeditions or the practice of subsequent review of entirely copied storage media at the Commission’s premises) and the question of the results of exceeding of the limits of the Commission’s powers of inspection. In conclusion the author suggests …

Table Of Contents

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

Table of Contents

‘Turnover-Related-Premium’, ‘Rebate’ And ‘A Charge Other Than Commercial Margin’. The Principle Expressed In Resolution Of Supreme Court Of Poland Of 18.11.2015 (Iii Czp 73/15) And Its Practical Application, Joanna Affre, Piotr Skołubowicz

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

The article weighs arguments essential for the answer to the juridical question, which the Supreme Court of Poland has been asked, whether rebate is a “charge other than commercial margin” from Article 15 par. 1 p. 4 of the Act on Combating Unfair Competition. Authors agree with the Supreme Court that the rebate is not a charge other than commercial margin, although they express doubts concerning statement that not every turnover-related-premium is a rebate. Furthermore, authors analyse judicature’s assessment of the practice of including various premiums/ bonuses/discounts in contracts and conditions which have to be fulfi lled to assess them …

If You Can’T Beat Them, Join Them Lawfully – Consortium Bidding In The View Of The Polish Competition Act, Małgorzata Salitra

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

The article presents some problematic issues due to the assessment of consortium bidding in the view of the Polish Competition Act. Competition law does not forbid consortium bids. Consortium bids can often be organised in a way that complies with competition law. The paper show that consortium bidding may give rise to competition concerns when one consortium member or a subset of the consortium members could fulfil the requirements of the tender competition or the contract on its own. The next part focus to identify the pro-competitive benefits that result from joint bidding and assess whether those pro-competitive benefits outweigh …

Case Comment To The Judgment Of The European Court Of Human Rights Of 2 October 2014 In Case Delta Pekárny A.S. V. The Czech Republic (Application No. 97/11), Bartosz Turno, Emilia Wardęga

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

No abstract provided.

Case Comment To The Judgement In Case C-583/13 P Deutsche Bahn Ag And Others V. Commission, Katarzyna Manteuffel

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

No abstract provided.

Analysis Of Issues Related To Regulation On Relations Between Suppliers Of Food And Agricultural Products And Multiple Retailers, Based On Solutions Proposed In Bill On Unfair Commercial Practices Submitted By The Polish Peoples’S Party, Joanna Affre

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

Article contains review of the solutions included in bill on combating the unfair commercial practices of the entrepreneurs conducting trade of agricultural and food products, against the suppliers of those products, submitted during the previous cadence of Polish Parliament by the group of deputies of Polish People’s Party. Authors assess the bill critically, as drawn up inappropriately, not suiting the current law system and establishing the state control over the process of contracting on food market sector. The Article describes the “unfair commercial practices”, in particular the new way of regulation on the issue of the slotting fees. Authors analyse …

Kara Cattani, As Trustee Of The Oates Family Trust, Plaintiff/Appellant, V. Lyle Drake; Durham, Jones, & Pinegar, P.C., A Utah Professional Corporation; Daniel Maynard; And Maynard Cronin Erickson Curran & Sparks, P.L.C. Defendants/Appellees. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLEE DANIEL MAYNARD AND
MAYNARD CRONIN ERICKSON CURRAN & SPARKS, P.L.C.

Appeal from the Fifth Judicial District Court for Washington County, State of Utah
Judge Pamela G. Heffernan, Presiding

Salt Lake City, Plaintiff And Appellee, V. Rafael Reyes-Gutierrez, Defendant And Appellant. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Brief of Appellee

Appeal from a judgment of conviction for one count of Retail Theft, a class A
misdemeanor, in violation of Utah Code §76-6-602 in the Third Judicial District, in and
for Salt Lake County, state of Utah, the Honorable Vernice Trease, presiding.

Hey America! Let's Get Smart: The Need For A Reliable Modern Smart Electrical Grid Resistance To Cyberattacks, Richard J. Kisielowski Ii

Catholic University Journal of Law and Technology

No abstract provided.

Masthead

Catholic University Journal of Law and Technology

No abstract provided.

Don’T Tread On Me…Online: The Fec Should Stay Out Of Free Internet-Based Political Speech, Timothy J. D’Elia

Catholic University Journal of Law and Technology

No abstract provided.

Implications For The Future Of Global Data Security And Privacy: The Territorial Application Of The Stored Communications Act And The Microsoft Case, Russell Hsiao

Catholic University Journal of Law and Technology

No abstract provided.

State Of Utah, Plaintiff/Appellee, V. Johnny Brickman Wall, Defendant/Appellant. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Brief of Appellee

Appeal from conviction for murder, a first degree felony, in the
Third Judicial District, Salt Lake County, the Honorable James
T. Blanch presiding

State Of Utah, Plaintiff And Appellee, V. Johnny Brickman Wall, Defendant And Appellant. : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

REPLY BRIEF OF APPELLANT

On appeal from the Third Judicial District Court, Salt Lake County,
Honorable James T. Blanch, District Court No. 131903972

Johnny Wall is incarcerated.

Oral Argument Requested

Andrea P. Lindstrom, Petitioner/Appellant, V. Custom Floor Covering, Inc. Dba Carpets Of America, Inc., Respondent/Appellee. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF THE APPELLANT

Appeal from the First District Court, Cache County, Judge Thomas L. Willmore

Camco Construction, Inc., A Corporation, Plaintiff, V. Utah Baseball Academy, Inc., A Corporation; Et Al., Defendants. And Other Related Causes Of Action : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

APPELLANTS' UTAH BASEBALL ACADEMY, INC., ATHLETIC
PERFORMANCE INSTITUTE, L.L.C., AND ROBERT KEYES'
OPENING BRIEF ON APPEAL

Appeal from the Final Judgment of the Third District Court, Salt Lake Court, Salt Lake County, Salt Lake
Division, The Honorable Judge Laura Scott, succeeding
The Honorable Judge Anthony Quinn, deceased

Camco Construction, Inc., A Corporation, Plaintiff, V. Utah Baseball Academy, Inc., A Corporation; Et Al., Defendants. And Other Related Causes Of Action : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

APPELLANTS' UTAH BASEBALL ACADEMY, INC., ATHLETIC
PERFORMANCE INSTITUTE, L.L.C., AND ROBERT KEYES'
REPLY BRIEF ON APPEAL

Appeal from the Final Judgment of the Third District Court, Salt Lake Court, Salt Lake County, Salt Lake
Division, The Honorable Judge Laura Scott, succeeding
The Honorable Judge Anthony Quinn, deceased

Patricia Beckman Plaintiff-Appellant, Vs. Cybertary Franchising, Llc, Franchise Foundry, Llc, And Christian Faulconer, Defendants-Appellees. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLANT PATRICIA BECKMAN

On Appeal from the Fourth Judicial District Court of Utah County
Honorable Darold McDade, District Court Judge

Patricia Beckman Plaintiff-Appellant, Vs. Cybertary Franchising, Llc, Franchise Foundry, Llc, And Christian Faulconer, Defendants-Appellees. : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

APPELLANT'S REPLY BRIEF

REPLY BRIEF OF APPELLANT PATRICIA BECKMAN

On Appeal from the Fourth Judicial District Court of Utah County
Honorable Darold McDade, District Court Judge

The State Of Utah, Plaintiff/Appellee, Vs. Ty William Mcleod, Defendant/Appellant. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appellant is not incarcerated.

Appeal from a judgment of conviction for possession of a controlled substance, a
class A misdemeanor, in violation of Utah Code 58-37-8(2)(a)(i), in the Third Judicial
District Court, in and for Salt Lake County, State of Utah, the Honorable James Blanch
presiding.

State Of Utah, Plaintiff/Appellee, V. Ty William Mcleod, Defendant/Appellant. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from a Sery plea to possession of a controlled
substance, a class A misdemeanor, in the Third Judicial
District, Salt Lake County, the Honorable James Blanch
presiding