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2014

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Full-Text Articles in Law

Schooling The Supreme Court, Christine Chabot Dec 2014

Schooling The Supreme Court, Christine Chabot

Faculty Publications & Other Works

Supreme Court Justices' uniform professional backgrounds have drawn increasing criticism. Yet it is unclear how diverse professional training would affect the Court's decisions. This Article offers the first empirical analysis of how Justices with diverse professional training vote: It examines a unique period when Justices with formal legal education sat with Justices who entered the profession by reading the law alone.

The study finds that Justices' levels of agreement and politically independent voting vary significantly according to their professional training. In cases which divided the Court, Justices who shared the benefit of formal legal education (1) voted together more ...


Medical Staff Boot Camp, Rick D. Barton Dec 2014

Medical Staff Boot Camp, Rick D. Barton

CHLB Scholarship

No abstract provided.


Viewpoint: Time To Abolish The 'Inquisitorial' Grand Jury System, Rachel A. Van Cleave Dec 2014

Viewpoint: Time To Abolish The 'Inquisitorial' Grand Jury System, Rachel A. Van Cleave

Publications

The U.S. criminal justice system is long overdue for reform and the best place to start is the institution of the criminal grand jury. This archaic aspect of our system was originally intended to protect individuals suspected of a crime by including people from the community as a check on those with the power of the state to enforce the law. The grand jury no longer serves this purpose and should be abolished.


Utah Physicians For A Healthy Environment And Friends Of Great Salt Lake, Petitioners/Appellants Vs. Executive Director Of The Utah Department Of Environmental Quality And The Director Of The Utah Division Of Air Quality, In Their Official Capacity, And The Utah Department Of Environmental Quality, The Utah Division Of Air Quality, Respondents/Appellees., Utah Court Of Appeals Dec 2014

Utah Physicians For A Healthy Environment And Friends Of Great Salt Lake, Petitioners/Appellants Vs. Executive Director Of The Utah Department Of Environmental Quality And The Director Of The Utah Division Of Air Quality, In Their Official Capacity, And The Utah Department Of Environmental Quality, The Utah Division Of Air Quality, Respondents/Appellees., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

No abstract provided.


State Of Utah, In The Interest Of B.L.D., (Dob: 6/28/1999), A Person Under 18 Years Of Age, Utah Court Of Appeals Dec 2014

State Of Utah, In The Interest Of B.L.D., (Dob: 6/28/1999), A Person Under 18 Years Of Age, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

Appeal from a dispositional order entered after an adjudication for one count of curfew violation, a juvenile status offense, see Davis County Code 9.08.010, entered in the Third District Juvenile Court, in and for Salt Lake County, State of Utah, the Honorable C. Dane Nolan presiding


The Future Will Require Learning How To Exist In A Multicultural Society, Vanessa Lopez-Littleton Dec 2014

The Future Will Require Learning How To Exist In A Multicultural Society, Vanessa Lopez-Littleton

UCF Forum

Why should I have to tell my sons to respect the police?


Massachusetts Community Mediation Center Grant Program: Fiscal Year 2014 Report & Evaluation, Susan Jeghelian, Madhawa Palihapitiya, Kaila O. Eisenkraft Dec 2014

Massachusetts Community Mediation Center Grant Program: Fiscal Year 2014 Report & Evaluation, Susan Jeghelian, Madhawa Palihapitiya, Kaila O. Eisenkraft

Massachusetts Office of Public Collaboration Publications

The Community Mediation Center Grant Program, funded by the commonwealth and administered by the state’s office of dispute resolution, was established to “promote the broad use of community mediation in all regions of the state” by awarding operating grants to eligible community mediation centers. This annual report describes the progress made in broadening access to community mediation by the grant program under the challenge of reduced state funding in FY 2014. Due to the funding cut, fewer centers were funded in FY 2014 compared to FY 2013, which reduced the quantity of services provided. However, the amount of money ...


2014 Year In Review: 2 Law Schools Welcome New Deans While A Third Experiences Abrupt Departure Dec 2014

2014 Year In Review: 2 Law Schools Welcome New Deans While A Third Experiences Abrupt Departure

Austen Parrish (2014-)

No abstract provided.


State Of Utah V. James C. Mccallie : Brief Of The Appellant, Utah Court Of Appeals Dec 2014

State Of Utah V. James C. Mccallie : Brief Of The Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

Appeal from a convictoin for aggravated assault, a third degree felony in the Third District Court, State of Utah, the Honorable Denise P. Lindberg, Judge, presiding.


State Of Utah, Plaintiff/ Appellee, V. Cooper John Anthony Van Huizen, Defendant/ Appellant., Utah Court Of Appeals Dec 2014

State Of Utah, Plaintiff/ Appellee, V. Cooper John Anthony Van Huizen, Defendant/ Appellant., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

Appeal from the juvenile court's decision under the Seriou$ Youth Offender Act to bind Defendant over for trial in the district court on charges of aggraiated robbery and aggravated burglary, in the Second Judicial District Juvenile , Court Weber .County, the Honorable Michelle Jvl. Heward presiding ·


Cyber Sovereignty: The Way Ahead, Eric Talbot Jensen Dec 2014

Cyber Sovereignty: The Way Ahead, Eric Talbot Jensen

Faculty Scholarship

The last few years are full of reports of cyber incidents, some of which have caused significant damage. Each of these cyber events raise important questions about the role and responsibility of States with respect to cyber incidents. The answer to these questions revolves in large part around the international law doctrine of sovereignty. The extent to which nations exercise sovereignty over cyberspace and cyber infrastructure will provide key answers to how much control States must exercise and how much responsibility States must accept for harmful cyber activities when they fail to adequately do so. This article argues that States ...


Michael S. Robinson, Plaintiff/Appellant, Vs. Jones Waldo Holbrook & Mcdonough, P.C.; Stephen C. Clark, And Melissa M. Bean, Defendants/Appellees, Utah Court Of Appeals Dec 2014

Michael S. Robinson, Plaintiff/Appellant, Vs. Jones Waldo Holbrook & Mcdonough, P.C.; Stephen C. Clark, And Melissa M. Bean, Defendants/Appellees, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

This is an appeal from a ruling of the Hon. Charlene Barlow of the Third District Court Salt Lake County, State of Utah


State Of Utah, Plaintiff/ Appellee, V. Cooper John Anthony Van Huizen Defendant/ Appellant., Utah Court Of Appeals Dec 2014

State Of Utah, Plaintiff/ Appellee, V. Cooper John Anthony Van Huizen Defendant/ Appellant., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

Appeal from the bindover order entered by the Second District Juvenile Court, the Honorable Michelle Heward presiding, transferring Cooper John Anthony Van Huizen to the District Court, the Honorable Ernie Jones presiding, pursuant to the Serious Youth Offender statute, see Utah Code§ 78A-6-702 (2013).


The Duty To Manage Risk, A. Christine Hurt Dec 2014

The Duty To Manage Risk, A. Christine Hurt

Faculty Scholarship

No abstract provided.


Bank Of America, N.A. V. Samuel D. Adamson And Courtney D. Adamson And John Doe/Jane Doe/Occupant : Appellant's Replacement Brief, Utah Supreme Court Dec 2014

Bank Of America, N.A. V. Samuel D. Adamson And Courtney D. Adamson And John Doe/Jane Doe/Occupant : Appellant's Replacement Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

Appeal from a final Order of Dismissal of the Fifth Judicial District court, Saint George Department Washington County State of Utah by The Honorable Jeffrey C. WIlcox


State Of Utah, Appellee, Vs. D.G., Appellant A Person Under 18 Years Of Age., Utah Supreme Court Dec 2014

State Of Utah, Appellee, Vs. D.G., Appellant A Person Under 18 Years Of Age., Utah Supreme Court

Utah Supreme Court Briefs (2000– )

Appeal from an adjudication for aggravated sexual assault, a first degree felony punishable by fifteen-years-to life if committed by an adult, in violation of Utah Cose Section 76-5-405, see Utah Code 76-5-405 (2013), entered in the Third District Juvenile Court, in and for Salt Lake county, State of Utah, the Honorable Kimberly K. Hornak presiding. On certification to the Utah Supreme Court from the Utah Court of Appeals.


David K Gillett, An Individual, And Majestic Airlines Incorporated, A Utah Corporation, Plaintiffs/Appellants Vs. Boyd J Brown, An Individual, Sentry Financial Corporation, A Utah Corporation, And Sfc Aircraft Corp I, A Utah Corporation, Defendants/Appell, Utah Court Of Appeals Dec 2014

David K Gillett, An Individual, And Majestic Airlines Incorporated, A Utah Corporation, Plaintiffs/Appellants Vs. Boyd J Brown, An Individual, Sentry Financial Corporation, A Utah Corporation, And Sfc Aircraft Corp I, A Utah Corporation, Defendants/Appell, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

Appeal from the Third Judicial District Court in and for Salt Lake County The Honorable L.A. Dever, District Judge


Future War And The War Powers Resolution, Eric Talbot Jensen Dec 2014

Future War And The War Powers Resolution, Eric Talbot Jensen

Faculty Scholarship

Since its passage in 1973 over the veto of then-President Nixon, the War Powers Resolution (WPR) has been laden with controversy. Labeled as everything from ineffective to unconstitutional, the WPR has generally failed in its design to require notification and consultation to Congress by the President. Despite numerous proposals to amend the WPR, it continues to languish in the twilight of Executive war powers, and its future is bleak. With emerging technologies such as drones, cyber tools, nanotechnology, and genomics, the ineffectiveness of the WPR will prove even more profound. The WPR’s reliance on “armed forces” and “hostilities” as ...


Summary Of Sadler V. Pacificare Of Nevada, Inc., 130 Nev. Adv. Op. 98, Hayley Miller Dec 2014

Summary Of Sadler V. Pacificare Of Nevada, Inc., 130 Nev. Adv. Op. 98, Hayley Miller

Nevada Supreme Court Summaries

The Court determined (1) when stating a claim for a negligence action in which medical monitoring is sought as a remedy, a plaintiff may satisfy the injury requirement by alleging that additional medical monitoring is reasonably required beyond the standard recommendations.


Summary Of City Of Reno V. Int’L Ass’N Of Firefighters, 130 Nev. Adv. Op. 100, Scott Lundy Dec 2014

Summary Of City Of Reno V. Int’L Ass’N Of Firefighters, 130 Nev. Adv. Op. 100, Scott Lundy

Nevada Supreme Court Summaries

The Court concluded that the International Association of Firefighters’ (IAFF) grievance was not arbitrable under the parties’ collective bargaining agreement (CBA) because the CBA explicitly stated the City of Reno’s statutory right to lay off any employee due to a lack of funds. Thus, the district court did not have authority under NRS Chapter 38 to grant injunctive relief.


Summary Of Stockmeier V. Green, 130 Nev. Adv. Op. 99, Tom Stewart Dec 2014

Summary Of Stockmeier V. Green, 130 Nev. Adv. Op. 99, Tom Stewart

Nevada Supreme Court Summaries

The court determined that Nevada’s Chief Medical Officer’s examination of inmate diets and her resulting report to the Board fell well short of what was required by NRS 209.382(1)(b) in that included no analysis of the diets of general population inmates, addressed diets at only one of Nevada's correctional facilities, and generally lacked any indication as to how the required examination was conducted.


Report To The Legislature And To The Governor - Fiscal Year 2013-2014, Agricultural Labor Relations Board Dec 2014

Report To The Legislature And To The Governor - Fiscal Year 2013-2014, Agricultural Labor Relations Board

California Agencies

No abstract provided.


Ruth B. Hardy Revocable Trust; Delcon Corporation Profit Sharing Plan Fbo A. Wesley Hardy; Finesse P.S.P.; Mjs Real Properties Llc; Uintah Investments, Llc; David D. Smith; Steven Condie; David L. Johnson; Berrett Psp; Vw Professional Homes Psp; Ty Thomas; And D.R.P. Management Psp, Plaintiffs And Appellants, Vs. Mark Lee, Trustee Of The Rindlesbach Construction Inc. Profit Sharing Plan And Mark Lee Rindlesbach, Individually; Defendants And Appellees : Brief Of Appellants, Utah Court Of Appeals Dec 2014

Ruth B. Hardy Revocable Trust; Delcon Corporation Profit Sharing Plan Fbo A. Wesley Hardy; Finesse P.S.P.; Mjs Real Properties Llc; Uintah Investments, Llc; David D. Smith; Steven Condie; David L. Johnson; Berrett Psp; Vw Professional Homes Psp; Ty Thomas; And D.R.P. Management Psp, Plaintiffs And Appellants, Vs. Mark Lee, Trustee Of The Rindlesbach Construction Inc. Profit Sharing Plan And Mark Lee Rindlesbach, Individually; Defendants And Appellees : Brief Of Appellants, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

Appeal from the Order of Dismissal as to Mark Lee Rindlesbach Individually, dated December 4, 2012 , in the Third District Court, Salt Lake County, Utah, the Honorable Deno Himonas Presiding.


Heal Utah, Et. Al., Plaintiffs/Appellants, V. Kane County Water Conservancy District, Et. Al. Defendant/Appellees., Utah Court Of Appeals Dec 2014

Heal Utah, Et. Al., Plaintiffs/Appellants, V. Kane County Water Conservancy District, Et. Al. Defendant/Appellees., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

An appeal from a judgment of the Seventh District Court sitting without a jury Judge George M. Hatmond, Jr.


Mead As (Mostly) Moot: Predictive Interpretation In Administrative Law, Ryan D. Doerfler Dec 2014

Mead As (Mostly) Moot: Predictive Interpretation In Administrative Law, Ryan D. Doerfler

Journal Articles

In National Cable & Telecommunications Ass’n v. Brand X Internet Services, the Supreme Court explained that, within the domain of unclear agency-administered statutes, a federal court is subordinate to an administering agency. When an administering agency


Homeland Self Storage Management Llc Order Appointing James F. Hart As Special Master For Financial Discovery, John J. Goger Dec 2014

Homeland Self Storage Management Llc Order Appointing James F. Hart As Special Master For Financial Discovery, John J. Goger

Georgia Business Court Opinions

No abstract provided.


What Are Transitions For? Atrocity, International Criminal Justice, And The Political, Paulo D. Barrozo Dec 2014

What Are Transitions For? Atrocity, International Criminal Justice, And The Political, Paulo D. Barrozo

Boston College Law School Faculty Papers

This essay offers an answer to the question of what societies afflicted by atrocities ought to transition into. The answer offered is able to better direct the evaluation of previous models and the design of new models of transitional justice. Into what, then, should transitional justice transition? I argue in this essay that transitional justice should be a transition into the political, understood in its robust liberalism version. I further argue that the most significant part of transitions ought to happen in the minds of the members of political communities, precisely where the less tangible and yet most important dimension ...


Summary Of Federal Insurance Co. V. Coast Converters, Inc., 130 Nev. Adv. Op. 95, Christian Spaulding Dec 2014

Summary Of Federal Insurance Co. V. Coast Converters, Inc., 130 Nev. Adv. Op. 95, Christian Spaulding

Nevada Supreme Court Summaries

In a dispute between an insured manufacturer and its insurer, the Supreme Court determined that contract interpretation is a question of law, which should be decided by the district court. Further, to determine which policy limit applies, the court must determine on what date the loss became manifest. The manifestation date is generally a question of fact to be decided by the jury, which the district court will apply and determine, as a matter of law, which policy limit applies.


Summary Of First Financial Bank, N.A. V. Lane, 130 Nev. Adv. Op. 96, Patrick Phippen Dec 2014

Summary Of First Financial Bank, N.A. V. Lane, 130 Nev. Adv. Op. 96, Patrick Phippen

Nevada Supreme Court Summaries

The Court determined that (1) the limitation in the second sentence of NRS 40.451 simply means a lender cannot recover in deficiency judgment actions for future advances secured but not paid at the time of default and (2) NRS 40.451 by itself does not contemplate successors in interest.


Summary Of Brant V. State, 130 Nev. Adv. Op. 97, Jaymes Orr Dec 2014

Summary Of Brant V. State, 130 Nev. Adv. Op. 97, Jaymes Orr

Nevada Supreme Court Summaries

The Court upheld that the exclusion of expert testimony is left to the district court’s wide discretion, except in cases of abuse of its discretion. Expert testimony must be relevant and reliable to be of assistance to the trier of fact. Because Brant could not present scientific or other evidence that his interrogation witness would demonstrate that Brant’s brain injury caused him falsely confess, the district court’s discretion would not be disturbed and the judgment was affirmed.