Ben A. He teaches and writes primarily in the areas of criminal law and criminal procedure.
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He is particularly interested in the relationship between the criminal law's normative aims and the social construction of gender and sexuality. Prior to joining the ASU faculty, McJunkin represented clients in pre-indictment criminal investigations conducted by the Department of Justice and other federal agencies, and served as an Alumni Fellow at the University of Michigan Law School.
Henry F. Fradella is a professor in the School of Criminology and Criminal Justice at Arizona State University, where he also serves as the associate director of the school and the director of undergraduate programs.
Fradella researches the historical development of substantive, procedural, and evidentiary criminal law; the evaluation of law's effects on human behavior; the dynamics of legal decision-making; and the nature, sources, and consequences of variations and changes in legal institutions or processes. A Phoenix native, John manages the online presence for the Academy for Justice. As a web developer for several years, he has worked on a large variety of projects, assisting many different types of clients with their web development needs, from local small businesses to nationally and globally recognized brands.
When not in the office, he is a travel addict and you can find him enjoying the Arizona outdoors or planning the next adventure. AlmondAnderson asu. Dawn Walton, Esq. Walton asu. Bruce E. Meyerson Lecture William C. Canby Jr. Lecture John P. Morris Memorial Lecture.
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Student Testimonials Career Services Jobs. Continuing Legal Education Law for Life. The Academy for Justice envisions a criminal justice system where actual practices correspond with best practices. In the pursuit of criminal justice reform , the mission of the Academy is to pursue scholarly research, analyze and propose criminal laws, policies and practices, and bridge the gap between academia, policy makers, and members of the public.
It went on to sell over , copies, and has more than 6, ratings on Goodreads. Finn, a pen name for Mr. In both stories, the heroines call the police to check on their neighbors after witnessing something unsettling, but the police discount their accounts because they suspect the women of heavy drinking and being unhinged.
And the novels feature a nearly identical final twist: In each story, the teenager that the narrator is trying to protect turns out to be a manipulative psychopath, who tortures animals, has killed one or both birth parents, and then tried to kill the protagonist after confessing to the crimes. After this story was published, Mr.
Mallory sent to Ms. Joel on Sept. Some of the overlapping plot points, including the fact that both protagonists were fighting with their husbands about infidelity before the car crashes, and that the psychopathic teenager tortured animals, while not in the original outline, were contained in the October version. Joel confirmed that she received the outlines on those dates, which were prior to when Ms.
Denzil says she began writing her book. The final novels do feature additional, more subtle parallels. In an email response to questions from The Times, Ms.
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Still, Ms. Denzil feels that some readers might misjudge her book, and it frustrates her that some online reviewers mistakenly believe her book was published after Mr. Contrary to the Informant's allegations, Intel offers a 3 year limited warranty on all genuine Boxed Micro-processors.
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Under its new India specific warranty policy, it is only the 'warranty service' which cannot be availed in India if the Boxed Micro-processors are not purchased from Intel's authorised distributors in India. However, for such Boxed Micro-processors purchased from outside India, warranty service can be claimed from the place of purchase. As per Intel, such India specific warranty policy for Boxed Micro-processors of Intel is compatible with the Indian legal position. Reliance in this regard was placed on the decision of the Commission in Mr.
Ashish Ahuja v.
Intel has claimed that its new warranty policy is more permissive as under the same, Intel not only offers warranty on all genuine Boxed Micro-processors, whether purchased from authorised or unauthorised distributors, but also offers warranty service on all genuine Boxed Micro-processors at the place of purchase. Further, as per Intel, the legal position in India is that a manufacturer is entitled to refuse warranty service on products purchased from unauthorised distributors.
In this regard, reliance has been placed on a judgment of Ld. Samsung Electronics Co. Further, as per Intel, there is no violation of Section 4 2 c of the Act by Intel as the Informant itself, after change of warranty policy by Intel, has imported multiple Intel Boxed Micro-processors in India which evidently shows that there is no denial of market access by Intel. Intel has also stated that the information filed by the Informant lacks evidence and no contravention of Section 3 4 c , 3 4 d or 3 4 e is made out against Intel.
As per Intel, its authorised distributors are not exclusive in as much as they may sell Micro- processors of any other brand as well. Further, the prices at which they sell their Micro- Processors in India are also not set or controlled by Intel. Intel has further stated that the information does not demonstrate any AAEC in India or meets the requirements of Section 32 of the Act.
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Intel has averred that the entire claim of the Informant is based on Intel allegedly refusing to entertain its warranty service claims on two Boxed Micro-processors in India. As per Intel, the Informant had placed requests to replace 34 Micro-processors in toto. Out of the same, 29 were replaced by Intel, 3 were denied on the ground of being Tray Micro-processors and only on 2 Micro- processors, the Informant sought warranty service in India which was refused by Intel to be given in India.
Intel has submitted when these 2 refusals are seen in the light of the total import of Micro-processors made in India around 2. It is not uncommon in India for importers to import goods by underinvoicing; or to import old and salvaged parts disguised as new products. Even the Informant has imported such underinvoiced and old products including Intel Micro-processors, in violation of India's export-import 'EXIM' Policy and has been penalised for the same by the Commissioner of Customs Import.
Even otherwise, the Informant has been the subject of a variety of investigations. It is to protect its customers from such undervalued and old products, that Intel has its exclusive India- specific warranty policy.
Through such policy, Intel seeks to ensure that its customers purchase Intel's Boxed Micro-processors only through Intel's authorised distributors in Case No. Intel makes investment and incurs cost to ensure that its authorised distributors in India provide quality service to the customers. By procuring their requirements from authorised distributors, customers are aware that Intel Boxed Micro-processors purchased by them are authentic, new and not used products.
Thus, as per Intel, its India specific warranty policy has legitimate business justifications and the same does not impair genuine undistorted competition in any market. Further, as per Intel, by not disclosing such material facts to the Commission, the Informant has approached the Commission with unclean hands. Intel has also taken a technical objection with regard to the Affidavit filed by the Informant in support of its information and failure on the part of the Informant to file a certificate under Section 65B of the Indian Evidence Act, 'IEA' in support of certain documents relied upon by it as Annexures to its information.
On The learned counsel for the Informant also showed to the Commission a comparison of rates of Intel Boxed Micro-processors in different countries including in India in support of its contentions. Thereafter on The Commission has considered aforesaid submissions of the parties made in writing as well as orally during the preliminary conference and has analysed the documents and caselaws placed on record by both the parties. The Commission notes that the Informant has filed the present information alleging contravention of the provisions of both Sections 3 and 4 of the Act.
The Commission first proceeds to analyse the allegations of the Informant in terms of Section 4 of the Act. The Informant seems to be primarily aggrieved with the India specific warranty policy of Intel on its Boxed Micro-processors according to which, Intel does not provide warranty service within India for products that are not purchased in the country from its authorised Indian distributors. With regard to the relevant geographic market, the Commission notes that the Informant has alleged that Intel has changed its warranty policy specifically for India, thereby limiting purchases from Indian authorised distributors only for claiming Intel warranty service in India.
Given the fact that in the present case, the Indian market and Indian consumers seem to have been affected and the competition conditions within the territory of India are homogenous, the Commission is of the prima facie opinion that the relevant geographic market in the present case would be the 'territory of India'.
Therefore, the Commission prima facie opines that the relevant markets in the present case would be"the market for Boxed Micro-processors for Desktop PCs in the territory of India" and "the market for Boxed Micro-processors for Laptop PCs in the territory of India". In the present case also, the Informant has placed on Case No. Further, the Commission notes that segmented data with regard to the market share of Intel in the Boxed and Tray Micro-processors segment is not available on record. However, the Informant's documents on record show that the market share of Intel is at least three times the market share of its only competitor in the Micro-processors market i.
Further, the information available does not show that AMD specialises in either the Tray or the Boxed Micro-processor market. Therefore, it can safely be assumed that even in the segregated market of Boxed Micro-processors for Desktop and Laptop PCs respectively in the territory of India, Intel would be having a high market share. Furthermore, in terms of other factors stated in Section 19 4 of the Act such as significant economic power of Intel; dependence of consumers on Intel; high entry barriers in the market; no countervailing buying power etc.
Now that the dominant position of Intel in the delineated relevant markets is prima facie established, the Commission proceeds to analyse the allegations of abuse of dominance made by the Informant against Intel.