Analytical Review of Court Cases Considered with the Participation of Antimonopoly Authorities

Analysis of the legal positions of arbitration courts in cases of violation of antimonopoly legislation regarding the consideration of issues: the statute of limitations for bringing to administrative responsibility, the grounds for refusing to provide state preference, the consideration of complaints about the actions of bidders/operators carried out during the mandatory procedures applied in the bankruptcy case.Objective: to develop uniform approaches in law enforcement practice in cases of violation of antitrust laws.

COVID-19 Pandemic-Related Arguments in Polish Civil Litigation

The aim of this paper is to analyse the legal record on civil litigation from mid-March 2020 to mid-July 2021 and examine COVID-19 pandemic-related arguments in a sample of litigated cases heard in Polish courts, more precisely 41 cases. In an attempt to establish the number and types of court cases in which such arguments have been raised, the population of individual case records was accessed electronically from the Ordinary Courts Judgments Portal (Pol. Portal Orzeczeń Sądów Powszechnych). The analysed research material consists of texts of written justifications published along with rulings of courts of the first instance in the Portal, except for texts regarding criminal cases and widely understood labour cases. This paper refers to certain theoretical aspects of argument and argumentation. Then, it sheds light on the use of COVID-19 pandemic-related arguments by the parties involved in litigation—as reported by the courts in written justifications—considering, amongst others, whether those arguments were found convincing by the courts. Based on a survey of relevant cases, an attempt was made to identify categories of COVID-19 pandemic-related arguments of the parties involved in litigation, raised in their legal submissions. Also a look into the tendencies in this regard was taken to see whether any patterns emerge and it is possible (or not) to discern different trends in the analysed phenomena. The point of the analysis in this article is both descriptive and normative.

Key Issues for Teachers Regarding Legislation, Litigation, and Advocacy

Understanding the laws governing education and key education-related litigation is essential for teachers to interpret and apply. Once teachers have this legal framework of knowledge, they can effectively advocate for their students, schools, and themselves. This chapter will supply a historical overview of the laws relevant to education, key court cases, and the steps needed to become advocates while applying this knowledge. In addition, case studies embedded within the chapter will provide a snapshot of how the law and the outcome of critical litigation play out in real classroom scenarios.

Court Cases, Gay Rights, and Legislative Response

Few issues in American politics, sexual or otherwise, inspire as much passion as the struggle over civil rights for members of the LGBTQ community. The passion associated with this issue stems from a clash of values and social movements. The undeniable passion that suffuses the issue is apparent to anyone who has witnessed a public debate or read a court transcript on the subject. This chapter will focus on court cases that have played a role in creating rights for members of the LGBTQ community and subsequent legislative actions.

Beyond Tools and Procedures

As artificial intelligence (AI) is increasingly being deployed in almost all aspects of our daily lives, the discourse around the pervasiveness of algorithmic tools and automated decision-making appears to be almost a trivial one. This chapter investigates limits and opportunities within existing debates and examines the rapidly evolving legal landscape and recent court cases. The authors suggest that a viable approach to fairness, which ultimately remains a choice that organizations have to make, could be rooted in a new measurable and accountable responsible business framework.

Freedom of Religion and Marriage Equality

This chapter seeks to explain, as a descriptive matter, when, how, and why issues of religious freedom became part of the marriage equality debates. Using a historical context, the principle of religious freedom is examined, providing a provocative analysis of religious liberty cases and the ongoing role courts have played in this debate after the legalization of same-sex marriage in the United States through the 2015 Obergefell v. Hodges Supreme Court decision. A legal analysis is provided for Supreme Court cases.

Etika Keuangan Hamba Tuhan: Kajian Eksegetikal Terhadap 1 Timotius 6:3-10

The background of this article was the financial problems that occurred in the context of a clergy's life and ministries institution. There were court cases of clergies and church organizations due to legal disputes and asset issues. This article aimed to get ethical principles from biblical research according to the minister's life and how they related to money matters. The research question tried to answer was, what are the economic ethics principles for the ministers based on 1 Timothy 6:3-10? Method applied in this research was qualitative descriptive with a literature study approach. The authors used the exegetical method for some keywords in the focused text to elaborate and explain the text. The finance ethical principles for the ministers found are: not making a material gain as a purpose of the ministries, living with contentment, developing self-control, warding off materialism.

Types of infractions of trademark property rights. Аnalysis of judicial practice

Keywords: Property rights to the trademark, infractions of property rights, judicialpractice, protection of trademark rights, invalidation of the trademark certificate,early termination of the certificate The relevance of this article is that the largest number of legaldisputes in the sphere of intellectual property is disputes concerning violation of propertyrights for trademarks. The article examined the theoretical provisions of propertyrights for trademarks, as well as practical issues of violations of these rights. Specialattention is paid to the analysis of judicial practice concerning protection of rightsto trademarks. The categories of the mentioned cases have been highlighted and discussedin detail, statistical data and decisions have been made. It has been found thatthe overwhelming number of cases investigated concerns recognition of the Ukrainiantrademark certificate as invalid.The court cases on protection of rights to trademarks can be divided into severalcategories according to the claim requirements:1) On the recognition of the Ukrainian trademark certificate as invalid in whole orin part (for all or part of goods and/or services);2) On termination of infringement of intellectual property rights on the trademarkand obligation to take certain actions;3) On early termination of the Ukrainian trademark certificate in whole or in part(for all or part of goods and/or services);4) Other court cases. For example, the recognition of the non-legal patent ofUkraine for industrial design due to violation of rights for the registered trademark.The article contains detailed consideration of the mentioned categories of casesand statistical data about them.The analysis of judicial practice made it possible to establish the following statisticaldata: cases of invalidation of a trademark certificate are 47 %; cases on termination of infringementof rights to the trademark are 25 %; cases on early termination of the trademarkcertificate are 25 %; other cases on protection of rights to trademarks make 3 %.In addition, the analysis of court practice allowed to establish that 75 % of courtcases concerning protection of rights to trademarks are decided to satisfy the claim infull or in part.

The Tax Cuts and Jobs Act of 2017 and the Gig Economy: Why the Employee vs. Contractor Debate Matters More than Ever

The issue of whether workers are independent contractors or employees has become even more relevant with recently enacted and proposed legislation and court cases in many jurisdictions seeking to impose employee status on many Gig economy workforce participants, such as ride-share drivers. This article emphasizes that the U.S. income tax rules, especially after tax reform effective in 2018, makes employee status extremely tax-inefficient for these workers. This article explains the relevant tax law changes and provides various examples of typical settings to confirm that workers with even small relative work expenses are often better off as contractors from a tax point of view.

Pawned Horses: Risk and Liability in Fourteenth Century German Small-Credit Market

Many Jewish-Christian credit transactions relied on pawns as collateral, which presumably eliminated the risk in the case of debtors’ default. However, keeping and maintaining certain pawns involved particular risks that further complicated these transactions. This paper focuses on live pawns, specifically horses, where the safekeeping of the animal involved far greater difficulties and risks than with other valuable objects that were pawned with Jews. By tracing how legal norms and practices addressed some of the unique risks attached to receiving horses as pawns, this article will outline the expectations both Jews and Christians had when engaging in credit transaction secured by horses. Relying on responsa literature, urban legislation, and court cases from the late thirteenth to mid-fourteenth centuries, this analysis will discuss some of the complications relating to liability over live pawns, with the goal of demonstrating how a specific type of pawn, and its unique risks and benefits, reflects previous assumptions and expectations regarding risk and trust.