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- Keyword
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- Congressional override (1)
- Congressional silence (1)
- Cultural heritage (1)
- Game theory (1)
- Inherent sovereignty (1)
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- Jurisdiction (1)
- Law and economics (1)
- Legislative override (1)
- Merrion v. Jicarilla Apache Tribe (1982) (1)
- Model (1)
- Native American religious freedom (1)
- Pivotal politics (1)
- Positive political theory (1)
- Right to exclude (1)
- Sacred sites (1)
- Spatial model (1)
- Statutory interpretation (1)
- Transaction costs (1)
Articles 1 - 15 of 15
Full-Text Articles in Law
Congressional Silence And The Statutory Interpretation Game, Paul Stancil
Congressional Silence And The Statutory Interpretation Game, Paul Stancil
Faculty Scholarship
This Article explores the circumstances under which the federal legislative apparatus may be unable to respond to a politically objectionable statutory interpretation from the Supreme Court. The Article builds upon existing economic models of statutory interpretation, for the first time incorporating transaction costs into the analysis. The Article concludes by identifying recent real-world disputes in which transaction costs constrained Congress and the President from overriding the Court.
Prosper Team, Inc. V. Workforce Appeals Board, Department Of Workforce Services, And Matt Davis : Brief Of Petitioner, Utah Court Of Appeals
Prosper Team, Inc. V. Workforce Appeals Board, Department Of Workforce Services, And Matt Davis : Brief Of Petitioner, Utah Court Of Appeals
Utah Court of Appeals Briefs (2007– )
PETITION FOR REVIEW FROM THE SEPTEMBER 30, 2010 DECISION OF THE UTAH WORKFORCE APPEALS BOARD, DEPARTMENT OF WORKFORCE SERVICES' AWARD OF UNEMPLOYMENT BENEFITS
Close Enough For Government Work: The Committee Rulemaking Game, Paul Stancil
Close Enough For Government Work: The Committee Rulemaking Game, Paul Stancil
Faculty Scholarship
Procedural rules in U.S. courts often have predictable and systemic substantive consequences. Yet the vast majority of procedural rules are drafted, debated, and ultimately enacted by a committee rulemaking process substantially removed from significant legislative or executive supervision. This Article explores the dynamics of the committee rulemaking process through a game-theoretical lens. The model reveals that inferior players in the committee rulemaking game - advisory committees, the Standing Committee on Rules of Practice and Procedure, the Judicial Conference and the Supreme Court - are sometimes able to arbitrage Congressional transaction costs to obtain results at odds with the results Congress …
Do U.S. Courts Discriminate Against Treaties?: Equivalence, Duality, And Treaty Non-Self-Execution, David H. Moore
Do U.S. Courts Discriminate Against Treaties?: Equivalence, Duality, And Treaty Non-Self-Execution, David H. Moore
Faculty Scholarship
No abstract provided.
Scott Ockey And Catherine Condas V. Iron Mountain Alliance, Inc., Iron Mountain Holding Group L.C., Iron Mountain Associates, Llc, White Pine Associates, Inc., George Condas, Nick J. Condas, Chris Condas, Ellen Bayas, John Lehmer, Alexandra Ockey, John Condas, Susi Kontgis, Marina Condas, Hermione Bayas, Ellen Ockey-Johnson, Keith Kelley, Walt Brett And Tom Guald: Reply Brief, Utah Court Of Appeals
Utah Court of Appeals Briefs (1996–2006)
Appeal from the Third Judicial District Court, Summit County The Honorable Robert K. Hilder
Kitches And Zorn V. Yong Woo Kim : Reply Brief, Utah Court Of Appeals
Kitches And Zorn V. Yong Woo Kim : Reply Brief, Utah Court Of Appeals
Utah Court of Appeals Briefs (1996–2006)
Appeal from the Final Order of the Second Judicial District Court of Davis County, State of Utah The Honorable Rodney S. Page, District Court Judge
Kathleen G. Arnovick, Valerie L. Cox, Henry B. Wansker V. Respondent : Brief Of Respondent, Utah Supreme Court
Kathleen G. Arnovick, Valerie L. Cox, Henry B. Wansker V. Respondent : Brief Of Respondent, Utah Supreme Court
Utah Supreme Court Briefs (2000– )
On Appeal from the Findings of Fact and Final Determination of the Executive Committee of the Utah State Bar
Rhn Corporation, A Utah Corporation V. J. Alton Veibell And Willow Creek Water Company. C.C., A Utah Limited Liability Company: Reply Brief, Utah Supreme Court
Rhn Corporation, A Utah Corporation V. J. Alton Veibell And Willow Creek Water Company. C.C., A Utah Limited Liability Company: Reply Brief, Utah Supreme Court
Utah Supreme Court Briefs (2000– )
APPEAL FROM A FINAL ORDER AND JUDGEMENT OF THE FIRST JUDICIAL DISTRICT COURT OF BOX ELDER, UTAH HONORABLE Judge Ben Hadfield DATE OF ORDER April 13, 2001 Case No. 980100719
Sterling B. Cannon, George H. Maxwell, Dave Davis, Art Van Luyx, And Terry Teeples V. Stevens Schools Of Business, Inc. : Response To Petition For Rehearing, Utah Supreme Court
Sterling B. Cannon, George H. Maxwell, Dave Davis, Art Van Luyx, And Terry Teeples V. Stevens Schools Of Business, Inc. : Response To Petition For Rehearing, Utah Supreme Court
Utah Supreme Court Briefs (2000– )
Appeal from a Judgment of the District Court of Salt Lake County Honorable Stewart M. Hanson, Sr., Judge
Larry B. Rentmeister V. June R. Desilvia, James Howard Rentmeister, Donald Neil Rentmeister, Trustees Of The Estate Of Della Zillah C. Rentmeister : Brief Of Respondent, Utah Supreme Court
Larry B. Rentmeister V. June R. Desilvia, James Howard Rentmeister, Donald Neil Rentmeister, Trustees Of The Estate Of Della Zillah C. Rentmeister : Brief Of Respondent, Utah Supreme Court
Utah Supreme Court Briefs (2000– )
Appeal from the Judgment of the District Court of Weber County, Honorable Calvin Gould, Judge
Protecting The Sacred Sites Of Indigenous People In U.S. Courts: Reconciling Native American Religion And The Right To Exclude, Kevin J. Worthen
Protecting The Sacred Sites Of Indigenous People In U.S. Courts: Reconciling Native American Religion And The Right To Exclude, Kevin J. Worthen
Faculty Scholarship
The key to understanding current U. S. caselaw concerning the protection of Native American sacred sites is arguably found in the dissenting opinion of an eighteen-year old case involving not religious freedom, not sacred sites, and not cultural heritage - but the right of Indian tribes to impose severance taxes on non-tribal members who extract oil and gas from tribal lands. In Merrion v. Jicarilla Apache Tribe, Justice Stevens refused to join the majority’s conclusion that the inherent sovereignty of the Jicarilla Apache Tribe included the power to impose such a tax. In his view, a tribe’s authority to regulate …
West Valley City V. Lynn Poulsen : Reply Brief, Utah Court Of Appeals
West Valley City V. Lynn Poulsen : Reply Brief, Utah Court Of Appeals
Utah Court of Appeals Briefs (1996–2006)
No abstract provided.
Bagley Corporation And Gerald H. Bagley V. Virginia Beach Federal Savings And Loan Association,Guaranty Northstate, Northstate Savings And Loan Of Southern Pines, Atlantic Permanent Federal, Jefferson Savings And Loan, William T. Blair, Jr., William H. Bandy, Harry H. Knickerbocker, T. Linwood May, Nancy Bolten, John Livingstone, J. Rutherford, The Jeremy, Ltd., Jeremy Service Corporation, And Associated Title Company, Inc : Reply Brief, Utah Supreme Court
Utah Supreme Court Briefs (through 1999)
Appeal from an order dismissing plaintiff's derivative claims in the Third Judicial District, in and for Summit County, State of Utah, the Honorable Scott Daniels, District Court Judge, presiding.
Mont R. Anderson, Personal Representative Of The Estate Of Cloyd H. Brinkerhoff, Lena Brinkerhoff, And Mark J. Brinkerhoff V. Elsie Brinkeroff, Golda B. Adair, Warren Brinkerhoff, Arlene B. Goulding, John Does I Through V : Brief Of Appellant, Utah Court Of Appeals
Utah Court of Appeals Briefs (through 1995)
APPEAL FROM JUDGMENT OF THE SIXTH JUDICIAL DISTRICT COURT IN AND FOR KANE COUNTY, STATE OF UTAH.
Philip Timothy Dba Timothy Enterprises V. Ray W. Pease And Corrine Pease Dba Norco Drilling Service : Brief Of Respondent, Utah Supreme Court
Philip Timothy Dba Timothy Enterprises V. Ray W. Pease And Corrine Pease Dba Norco Drilling Service : Brief Of Respondent, Utah Supreme Court
Utah Supreme Court Briefs (through 1999)
APPEAL FROM SUMMARY JUDGMENT GRANTED ON BEHALF OF PLAINTIFF AGAINST DEFENDANTS RAY W. PEASE AND CORRINE PEASE IN THE SEVENTH JUDICIAL DISTRICT COURT IN AND FOR UINTAH COUNTY, STATE OF UTAH Honorable Richard C. Davidson, Presiding