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Gold's Gym International, Inc., Appellant, V. Clark Chamberlain And Brent Statham, Appellees. : Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

BRIEF OF APPELLEE CLARK CHAMBERLAIN

Gold's Gym International, Inc., Appellant, Vs. Clark Chamberlain And Brent Statham Vince Engle, Appellees. : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

GOLD'S GYM INTERNATIONAL,
INC.'S REPLY BRIEF

On Appeal from the Third Judicial District Court for Salt Lake County, State of Utah
Civil No. 090919785, Honorable T. M. SHAUGHNESSY

Keystone Insurance Agency, Llc, Plaintiff/Appellant, V. Inside Insurance, Llc, Shumway Insurance Group, Inc., Jonathan Shumway, Spencer Shumway, And Cabe Atkinson, Defendants/Appellees. : Reply Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Reply Brief of Appellant

An Appeal from Judgment Entered by the Fourth District Court,
Before the Honorable Christine Johnson

In The Matter Of The Discipline Of: Joann E. Bott, #5262 Appellee/Respondent. : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

APPELLANT'S REPLY BRIEF

John R. Latham, Plaintiff/Appellant, Vs. Office Of Recovery Services, Defendant/Appellee. : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

REPLY BRIEF OF APPELLANT JOHN R. LATHAM

On Appeal from a Final Judgment in the Third Judicial District Court
Case No. 160904935, The Honorable Richard McKelvie presiding

Healthbanc International, Llc, A New Hampshire Limited Liability Company, Bernard Feldman, An Individual, Plaintiffs, V. Synergy Worldwide, Inc., A Utah Corporation, And Nature's Sunshine Products, Incorporated, A Utah Corporation, Defendants. : Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

On certified question of law from the United States District Court for the District of
Utah, Honorable Jill N. Parrish, Case No. 2:16-cv-00135

Kirkpatrick Macdonald, Appellant, V. Lee Ann Macdonald (Nka Fahey), Appellee. : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

REPLY BRIEF OF APPELLANT

On Writ of Certiorari to the Utah Court of Appeals

On appeal from the Third Judicial District Court, Summit County,
Honorable Kara Pettit, District Court No. 104500031

Deborah Michelle Kiley, Debtor/Appellant, V. Mary M. Hunt, Trustee, Trustee/Appellee. : Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

BRIEF OF THE APPELLEE

In re: Deborah Michelle Kiley

Certification of Questions of State Law by the United States Bankruptcy Court for the
District of Utah
Before the Honorable Kevin R. Anderson, Federal Case No. 15-27838

Terry Mitchell, Plaintiff, V. Richard Warren Roberts, Defendant. : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Brief of Richard Warren Roberts

On certified question of law from the United States District Court,
District of Utah, Honorable Evelyn J. Furse, Case No. 2:16-cv-00843-EJF

Disobeying Courts’ Orders—A Comparative Analysis Of The Civil Contempt Of Court Doctrine And Of The Imageof The Common Law Judge, Carlo Vittorio Giabardo

Journal of Civil Law Studies

The aim of this article is to briefly tackle, from a comparative viewpoint, an academically quite overlooked topic: techniques of enforcement of lawful judgments. Despite a gradual convergence in many fields of law, common and civil law jurisdictions still maintain a striking diversity in the ways in which they react to non-compliance with court judgments. Whilst in common law tradition, failure to comply with a judicial order is considered civil contempt of court, in civil law countries this legal institution is simply unknown. Furthermore, it is only in civil law systems that failure to comply with a court judgment cannot …

Indonesia's Energy Security: Are We Securing It Right? Lesson Learned From The Eu, Afghania Dwiesta

Indonesia Law Review

Over the past few years, one of Indonesia’s state-owned enterprises, PLN, has conducted dialogues focusing on developing a new value-creative business model to transform itself, a sleepy regulated utility, into a truly competitive electricity service provider. However, efforts to preserve the prominence of the Country’s electricity sector have been ongoing as the sector is still experiencing sustained rolling blackouts, net import dependency and lack of transmission facility enforcement throughout the Indonesian archipelago. Such efforts have been varied from the incentivise policy and programs such as the Public-Private Partnership and the two phases of Fast Track Program. The reformation of electricity …

The Dutch Penal Code Under Review, Jeroen Martijn Ten Voorde

Indonesia Law Review

The Dutch Penal Code entered into force on September 1, 1886. Since then many parts of the Dutch Penal Code have been discussed. This article does not intend to provide an integral systematic overview of the Dutch Penal Code and the many changes it has been subjected to, but examines (in the first part of this article) it generally, with the aim of showing various arguments for a more thorough review of the Dutch Penal Code. Recognizing the need for revision of the Penal Code, the question arises as to what is meant by a revision. More clarity on what …

Legal Dilemmas In Releasing Indonesia’S Political Prisoners, Daniel Pascoe

Indonesia Law Review

In May 2015, in an effort to foster peace in the restive Papua and West Papua Provinces, Indonesian President Joko ‘Jokowi’ Widodo granted clemency to five political prisoners, releasing them from sentences ranging from 20 years to life. The president also stated that there would be ‘a follow-up granting clemency or amnesty to other [political prisoners] in other regions’ (Jakarta Post, 10 May 2015). However, with up to 50 political prisoners still incarcerated in prisons around Indonesia (mostly Papuan and Moluccan separatists), Jokowi’s selective release policy faces several legal and political obstacles. This article outlines the various options open to …

Competition Merger Review For Cross-Border Mergers And Acquisitions In Indonesia, Zulheri Zulheri

Indonesia Law Review

This article aimed at expressing ideas on a legal construction of competition merger review (CMR) on Crossborder Mergers and Acquisitions (CBM&A) that have Indonesian legal dimension. The problem has been triggered by the lack of CMR guidelines for CBM&A to nurture a fair and sustainable business competition (FSBC). Consequently, the existing guideline is inadequate for reviewing CBM&A proposals which have a multi-jurisdiction dimension character. As a result, merging (gigantic) companies doing business in Indonesia have enormous opportunities to engage in anti-competitive behavior in the domestic market. In its turn, it brings the impact of reducing competition itself whereby national companies …

A Proposal For Fda Label Regulations And Uniform Certifications For Organic Non-Food And "Natural" Products, Allyson Bartolomeo

Barry Law Review

No abstract provided.

Bentuk-Bentuk Kekerasan Domestik Dan Permasalahannya (Studi Perbandingan Hukum Indonesia Dan Malaysia), Kuswardani -

Jurnal Hukum & Pembangunan

The paper is purposed to describe / explain criminal laws which regulate domestic violence and the problems happen in Indonesia. This study uses the comparison method which compare substance criminal law of Indonesia with criminal law of Malaysia. The study is focused in the subject matter from criminal law of substantive. The result point out that both of the two countries have had criminal law on domestic violence, Indonesia is regulated at The Act of Elimination of Domestic Violence No 23 of 2004, while Malaysia is appointed at Domestic Violence 1994, and this was amendment on February 20, 2012. This …

Tinjauan Atas Kebijakan Hukum Pidana Terhadap Penyuapan Di Sektor Privat Dalam Hukum Nasional Indonesia: Suatu Perbandingan Dengan Singapura, Malaysia Dan Korea Selatan, Vidya Prahassacitta

Jurnal Hukum & Pembangunan

Purpose of this research is to analyze private sector bribery penal policy in Indonesia. Although Indonesia ratified United Nation Convention Against Corruption, Indonesia has not implemented the convection’s provision of article 21 regarding the criminalization of private sector bribery. Analysis conducted using a functional method of comparative law from Konrad Zweigert and macro comparison against private sector bribery penal, which successfully applies in Singapore, Malaysia, and South Korea. Therefore, reflected from private sector bribery penal policy in Singapore, Malaysia, and South Korea thus Indonesia shall reformulate the private sector bribery provision which regulates in in current corruption act draft.

Fungsi Representasi Dewan Perwakilan Daerah Republik Imdonesia Sebagai Lembaga Perwakilan Daerah, Ryan Muthiara Wasti

Jurnal Hukum & Pembangunan

In the composition of the Indonesian constitution, DPD becomes a representative institution that has the duty to accommodate regional interests in political decisions. Its very important existence was not accompanied by the spirit of strict regulation in the legislation in Indonesia. This can be seen from the position and function of DPD which is weaker than the DPR. Law Number 17 of 2014 on the Composition, Status and Functions of the MPR, DPR, DPD and DPRD, which are the latest changes to the previous Susduk law, have not been able to address the need for more significant arrangements on the …

Peran Perguruan Tinggi Dalam Menumbuhkan Budaya Anti Korupsi Di Indonesia, Putra Perdana Ahmad Saifulloh

Jurnal Hukum & Pembangunan

Post – reform, anti – corruption agenda into a central theme of law enforcement in Indonesia. Corruption is crime that has personality and characteristic as an extraordinary crime. To eradicate corruption, Parliament and Government have made regulation of legislation and formed corruption eradication institution. The institution that is still trusted by public for doing corruption eradication is Corruption Eradication Commission (KPK). KPK formed because the corruption eradication is done by police and prosecutor have not optimal. The effort which has been done by KPK, Prosecutor and Police is action effort that requires a big budget. Corruption eradication will never succeed …

Membangun Transparansi Pengadaan Barang Dan Jasa Melalui Peningkatan Peran Ict Dalam Mereduksi Korupsi, Sabrina Dyah Nayabarani

Jurnal Hukum & Pembangunan

Corruption in goods and services procurement is one of the most frequent corruption in Indonesia. So, this article discuss about the role of information communication and technology (ICT) and its mechanism for improving transparency as an effort to prevent corruption. This study apply descriptive method, literature review, and analysis the research which have been done by preceding researcher. This article conclude that ICT is statistically significant for reducing corruption, but the implementation of that system should be needed further evaluation. There are some important things which need more evaluation, such as: sufficiency of skilled worker for operating e-procurement, user support, …

Kedudukan Dan Kewenangan Komisi Yudisial Republik Indonesia Dan Perbandingannya Dengan Komisi Yudisial Di Beberapa Negara Eropa, Suparto -

Jurnal Hukum & Pembangunan

Reformation has given birth to the amendment on 1945 Constitution. One of the results of the third amendment of the constitution was the birth of Judicial Commission. The standing of Judicial Commission is very important, so structurally it is being positioned at the same level with the Supreme Court and the Constitutional Court. Yet, the Judicial Commission role is as an auxiliary body to the judicial power institutions. It only deals with the matters of honor, dignity, and behavior of the judges, not the judiciary institutions. Aside from that, Judicial Commission is not involved in the organization, human resources, administration, …

Finding Lost & Found: Designer’S Notes From The Process Of Creating A Jewish Game For Learning, Owen Gottlieb

Articles

This article provides context for and examines aspects of the design process of a game for learning. Lost & Found (2017a, 2017b) is a tabletop-to-mobile game series designed to teach medieval religious legal systems, beginning with Moses Maimonides’ Mishneh Torah (1180), a cornerstone work of Jewish legal rabbinic literature. Through design narratives, the article demonstrates the complex design decisions faced by the team as they balance the needs of player engagement with learning goals. In the process the designers confront challenges in developing winstates and in working with complex resource management. The article provides insight into the pathways the team …

V.1 No.11

Conservation Law Center Newsletter

No abstract provided.

Estate Of Adams V. Fallini, 132 Nev. Adv. Op. 81 (December 29, 2016), Krystina Viernes

Nevada Supreme Court Summaries

The Court considered whether a party may appeal a district court’s order granting an NRCP 60(b) motion to set aside a final judgment for fraud upon the court. The Court held the district court’s order interlocutory and may not be appealed until a final judgment is entered.The Court held that the district court was not barred from considering the NRCP 60(b) motion and the district court did not abuse its discretion in granting relief based on fraud upon the court.

. . . And Law?, John Henry Schlegel

Contributions to Books

Published as Chapter 18 in Searching for Contemporary Legal Thought, Justin Desautels-Stein & Christopher Tomlins, eds.

The locution “law and . . . (some other discipline)” implicitly asserts the primacy of legal doctrine and institutions narrowly conceived for coming to understand phenomena in which law takes a part. The ordinary story of American legal theory – formalism then realism then contemporary legal thought – can be understood to repeat the triumphalism implicit in “law and . . .” Of course, the story of American legal theory could possibly be read differently -- as a series of responses to the inability …

Mccrosky V. Carson Tahoe Reg’L Med. Ctr., 133 Nev. Adv. Op. 115 (Dec. 28, 2017), Xheni Ristani

Nevada Supreme Court Summaries

The Court determined that vicarious liability is not abrogated by NRS 41A.045or by settling with one tortfeasor, unless the settlement so provides. Further, whether an ostensible agency exception exists is a question of fact that must be determined by the jury. Finally, after finding that federal law preempts NRS 42.021, the Court reverted to the per se rule in Nevada that collateral source payments may not be admitted into evidence.

Boca Park Marketplace Syndications Grp., L.L.C. V. Higco, Inc., 133 Nev. Adv. Op. 114 (Dec. 28, 2017), Tamara Cannella

Nevada Supreme Court Summaries

The Court held the declaratory judgment exception to claim preclusion applies when the initial action sought only declaratory relief.

Segovia V. Eighth Judicial Dist. Court, 133 Nev. Adv. Op. 112 (Dec. 28, 2017), Alexis Wendl

Nevada Supreme Court Summaries

The Court determined that (1) the 2015 amendment that added “physician assistant” to NRS 41A was not intended to clarify the previous statute’s original intent; and (2) The 2015 Legislature intended for the 2015 amendment that added “physician assistant” to NRS Chapter 41A to apply prospectively.

Rodriguez V. State, 133 Nev. Adv. Op. 110 (Dec. 28, 2017), Natice Locke, Natice Locke

Nevada Supreme Court Summaries

The Court determined that both the inherently dangerous and the functional definitions apply to “deadly weapon,” and that the use of the functional definition does not go against the legislature’s intent in NRS 200.481.

Peck V. Zipf, 133 Nev. Adv. Op. 108 (Dec. 28, 2017), Jeff Chronister

Nevada Supreme Court Summaries

Under NRS 41A.071, a plaintiff’s malpractice claim must be dismissed if the claim is not accompanied by an expert affidavit, but NRS 41A.100(1) states that the expert affidavit need not be submitted if the medical malpractice claim is argued under the res ipsa loquitur doctrine. Because the appellant failed to prove that the instrument left in his body was the result of surgery, the claim was properly dismissed in that the claim did not satisfy the elements to permit the statutory exception of the res ipsa loquitur doctrine. Likewise, NRS 41A.071 does not violate the Equal Protection or Due Process …