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2018

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Full-Text Articles in Law

California Divided: The Restrictions And Vulnerabilities In Implementing Sb 54, 26 Asian Am. L.J. ___ (Forthcoming In 2019)., Nicholas Pavlovic, Jerome Ma Dec 2018

California Divided: The Restrictions And Vulnerabilities In Implementing Sb 54, 26 Asian Am. L.J. ___ (Forthcoming In 2019)., Nicholas Pavlovic, Jerome Ma

Immigration Law & Policy Practicum Projects

United States Immigration and Customs Enforcement (“ICE”) significantly relies on state and local personnel and resources to carry out enforcement of immigration law. California Senate Bill 54 (“SB 54”), the “California Values Act,” is California’s attempt to disentangle local law enforcement from federal civil immigration enforcement.

This Article offers an in-depth evaluation of SB 54’s mechanics; identifies vulnerabilities that exist despite SB 54 and potential means for law enforcement agencies (“LEAs”) to combat these issues; and comments on how local individual LEAs and the California Department of Corrections and Rehabilitation have chosen to exercise the discretion to comply (or not …


Guns, Knives, And Swords: Policing A Heavily Armed Arizona, Shawn E. Fields Dec 2018

Guns, Knives, And Swords: Policing A Heavily Armed Arizona, Shawn E. Fields

Scholarly Works

Arizona is widely recognized as the most permissive state in the country for public weapons possession. In 2010, then-Governor Jan Brewer famously removed all permitting requirements for public concealed carry of firearms, making Arizona only the third "constitutional carry " state in the nation. Also in 2010, and to much less fanfare, Arizona became the first state to prohibit local governments from enacting any regulations restricting the sale or possession of knives of any kind, including swords, maces, and other exotic blades. Today, Arizona remains the only state in the country with virtually no restrictions on the public concealed carry …


Reflections On The Christchurch Massacre: Incorporating A Critique Of Islamophobia And Twail, Cyra Akila Choudhury Dec 2018

Reflections On The Christchurch Massacre: Incorporating A Critique Of Islamophobia And Twail, Cyra Akila Choudhury

Faculty Publications

On March 15, 2019 in Christchurch, New Zealand, a white supremacist entered a mosque full of worshippers and gunned down over 50 people. He was welcomed into the house of worship as Muslim immigrants and converts were about to start their Friday prayers. News of the attack spread quickly across the globe. Social media news feeds and online sources provided near-instantaneous updates. There were calls to prioritize the lives and stories of the victims and survivors. Although there were calls not to glorify or even humanize the shooter, people understandably professed interest in his writings and his motivation. Once it …


Accessing Accountability: Exploring Criminal Prosecution Of Male Guards For Sexually Assaulting Female Inmates In U.S. Prisons, Elana M. Stern Dec 2018

Accessing Accountability: Exploring Criminal Prosecution Of Male Guards For Sexually Assaulting Female Inmates In U.S. Prisons, Elana M. Stern

University of Pennsylvania Law Review

No abstract provided.


State Of Utah, Plaintiff/Petitioner, V. Calvin Paul Stewart, Defendant/Respondent : Reply Brief, Utah Supreme Court Dec 2018

State Of Utah, Plaintiff/Petitioner, V. Calvin Paul Stewart, Defendant/Respondent : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

Reply Brief of Petitioner

On Writ of Certiorari to the Utah Court of Appeals


In Re: Mary Doe And Jane Doe, Petitioners : Brief, Utah Supreme Court Dec 2018

In Re: Mary Doe And Jane Doe, Petitioners : Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

BRIEF OF AMICUS CURIAE PARR BROWN GEE & LOVELESS, P.C.
IN SUPPORT OF PETITIONERS


Salt Lake County, Duchesne County, Uintah County, Washington County, And Weber County, Political Subdivisions Of The State Of Utah, Plaintiffs-Appellants, V. State Of Utah, Delta Air Lines, Inc. And Skywest Airlines, Inc., Defendants-Appellees : Brief Of Appellee, Utah Supreme Court Dec 2018

Salt Lake County, Duchesne County, Uintah County, Washington County, And Weber County, Political Subdivisions Of The State Of Utah, Plaintiffs-Appellants, V. State Of Utah, Delta Air Lines, Inc. And Skywest Airlines, Inc., Defendants-Appellees : Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

Supplemental Brief of Appellee State of Utah

On appeal from the Third Judicial District Court
Judge Kara Pettit, District Court No. 170904525


Salt Lake County, Duchesne County, Uintah County, Washington County, And Weber County, Political Subdivisions Of The State Of Utah, Plaintiffs-Appellants, V. State Of Utah, Delta Air Lines, Inc. And Skywest Airlines, Inc., Defendants-Appellees : Reply Brief, Utah Supreme Court Dec 2018

Salt Lake County, Duchesne County, Uintah County, Washington County, And Weber County, Political Subdivisions Of The State Of Utah, Plaintiffs-Appellants, V. State Of Utah, Delta Air Lines, Inc. And Skywest Airlines, Inc., Defendants-Appellees : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

Supplemental Reply Brief of Appellee State of Utah

On appeal from the Third Judicial District Court
Judge Kara Pettit, District Court No. 170904525


In Re: Mary Doe And Jane Doe. Petition To Allow Bar Admissions For Undocumented Immigrants, Proposed Rule 14-721, Petitioners : Brief, Utah Supreme Court Dec 2018

In Re: Mary Doe And Jane Doe. Petition To Allow Bar Admissions For Undocumented Immigrants, Proposed Rule 14-721, Petitioners : Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

BRIEF IN SUPPORT OF PETITIONERS BY LATINOJUSTICE AMICI


In Re: Mary Doe And Jane Doe, Petitioners : Brief, Utah Supreme Court Dec 2018

In Re: Mary Doe And Jane Doe, Petitioners : Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

BRIEF OF AMICUS CURIAE UTAH LEGISLATURE

PUBLIC


Roger B. Arave And Kimberly L. Arave; Janet Southwick, Trustee; Venture Development Group, Llc, Plaintiffs And Appellees, V. Pineview West Water Company Defendant And Appellant : Brief Of Appellant, Utah Supreme Court Dec 2018

Roger B. Arave And Kimberly L. Arave; Janet Southwick, Trustee; Venture Development Group, Llc, Plaintiffs And Appellees, V. Pineview West Water Company Defendant And Appellant : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

PRINCIPAL BRIEF OF APPELLANT

On appeal from the Second Judicial District Court, Weber County,
Honorable Ernie W. Jones, District Court No. 130907544

Oral Argument Requested


The Inaugural Brooklyn Lecture On International Business Law: “Isds: The Wild, Wild West Of International Practice”, George Kahale Iii Dec 2018

The Inaugural Brooklyn Lecture On International Business Law: “Isds: The Wild, Wild West Of International Practice”, George Kahale Iii

Brooklyn Journal of International Law

The lecture was delivered on April 3, 2018 at Brooklyn Law School and was sponsored by the Dennis J. Block Center for the Study of International Business Law and the Brooklyn Journal of International Law.


Rethinking Isds, George Kahale Iii Dec 2018

Rethinking Isds, George Kahale Iii

Brooklyn Journal of International Law

The author is Chairman of Curtis, Mallet-Prevost, Colt & Mosle LLP and has acted as lead counsel for respondent states in many investor-state arbitrations, including several of the cases referred to herein. His article won the 2019 Burton Award for Distinguished Legal Writing.


Against Aviation Orthodoxy: India's Foreign Investment Regime For The Airline Industry, Jae Woon Lee, Umakanth Varottil Dec 2018

Against Aviation Orthodoxy: India's Foreign Investment Regime For The Airline Industry, Jae Woon Lee, Umakanth Varottil

Brooklyn Journal of International Law

The foreign investment regime governing the airline industry has been the subject matter of considerable debate. Our goal in this article is to supplement the literature by embarking on an analysis of the foreign investment regime in India and to cautiously suggest that India’s new regulatory reforms could be a harbinger for other states. A study of the foreign investment regime in the airline industry in India is both interesting and timely, for at least two reasons. First, India has nearly everything that bodes well for the growth of an aviation market, and it is one of the fastest growing …


The Price Is Rights: Getting The United Arab Emirates Up To International Speed In The Labor Law Department, Janae C. Cummings Dec 2018

The Price Is Rights: Getting The United Arab Emirates Up To International Speed In The Labor Law Department, Janae C. Cummings

Brooklyn Journal of International Law

Despite a rapidly growing economy and a tremendous accumulation of wealth, the United Arab Emirates has facilitated many human rights abuses against migrant workers from impoverished countries throughout the world. The UAE’s system of recruitment, payment and living conditions put already vulnerable populations in considerably worse economic conditions by exploiting their labor and creating significant barriers to challenging the unjust employment system. After being sold on the idea that migrating to the UAE would bring a semblance of economic advancement, many migrants find themselves in inhumane working conditions and debt from having to pay excessive amounts of money to recruitment …


Armenia And Azerbaijan's Struggle With Occupation In Nagorno-Karabakh, Carolyn Morway Dec 2018

Armenia And Azerbaijan's Struggle With Occupation In Nagorno-Karabakh, Carolyn Morway

Brooklyn Journal of International Law

The corrupt occupation of Nagorno-Karabakh and its surrounding areas has resulted in displaced civilians, chaotic military violence, poor judicial law-making, and hostile international relations. Analyzing the international law of occupation’s purposes and its humanitarian requirements illustrates that there is a need for change. Set against the backdrop of Nagorno-Karabakh’s precarious situation, the international community should take this opportunity to reformulate the international law of occupation with sovereignty and humanitarian principles guiding the change. The effort could prevent another such “frozen conflict.”


El Papel De Transparencia Por Colombia En La Lucha Contra La Corrupción, Luisa Fernanda Sánchez González, Liliana Marcela Sastoque Martínez Dec 2018

El Papel De Transparencia Por Colombia En La Lucha Contra La Corrupción, Luisa Fernanda Sánchez González, Liliana Marcela Sastoque Martínez

Contaduría Pública

Transparencia por Colombia en sus dos décadas de existencia ha realizado aportes significativos para la lucha contra la corrupción, si bien es difícil establecer la cuantía de los actos de corrupción, podemos resaltar que el papel de esta ONG ha permitido que exista mejor y mayor acceso a la información por parte de la ciudadanía y esto se evidencia en el aumento de denuncias y en rechazos a través de las redes sociales y otros medios de comunicación a los actos de corrupción .En el presente artículo se describen algunos de los programas que esta entidad ha venido desarrollando en …


Northern Monticello Alliance, Llc, A Utah Limited Liability Company, Plaintiff/Appellant, V. San Juan County Commission, A Political Subdivision Of The State Of Utah And San Juan County, A Political Subdivision Of The State Of Utah. Defendants/Appellees. Sustainable Power Group, Llc And Latigo Wind Park, Llc, Intervening Respondents : Brief Of Appellant, Utah Court Of Appeals Dec 2018

Northern Monticello Alliance, Llc, A Utah Limited Liability Company, Plaintiff/Appellant, V. San Juan County Commission, A Political Subdivision Of The State Of Utah And San Juan County, A Political Subdivision Of The State Of Utah. Defendants/Appellees. Sustainable Power Group, Llc And Latigo Wind Park, Llc, Intervening Respondents : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

BRIEF OF NORTHERN
MONTICELLO ALLIANCE, LLC

Appeal from the Seventh Judicial District Court, San Juan County, Utah
The Honorable Lyle Anderson, District Court Judge


Safe Home Control, Inc., Plaintiff/Appellant, V. Jared Munday, Defendant/Appellee : Brief Of Appellee, Utah Court Of Appeals Dec 2018

Safe Home Control, Inc., Plaintiff/Appellant, V. Jared Munday, Defendant/Appellee : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

BRIEF OF APPELLEE JARED MUNDAY

Appeal from Order Granting Motion to Set Aside Judgment and Granting Attorneys'
Fees, Safe Home Control, Inc. v. Munday, Case No. 160400579, Honorable Christine
Johnson, Presiding


Troy Michael Kell, Petitioner/Apellant, V. State Of Utah, Respondent/Appellee : Brief Of Appellee, Utah Supreme Court Dec 2018

Troy Michael Kell, Petitioner/Apellant, V. State Of Utah, Respondent/Appellee : Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

Brief of Appellee

Appeal from the denial of a petition for post-conviction relief,
in the Sixth Judicial District, Sanpete County, the Honorable
Wallace Lee presiding


Troy Michael Kell, Petitioner/Appellant, V. Larry Benzon, Warden Of The Utah State Prison, Respondent/Appellee : Brief Of Appellant, Utah Supreme Court Dec 2018

Troy Michael Kell, Petitioner/Appellant, V. Larry Benzon, Warden Of The Utah State Prison, Respondent/Appellee : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

APPELLANT'S BRIEF

PUBLIC

Death Penalty Case

Appeal from the Sixth Judicial District Court,
In and For Sanpete County, Honorable Wallace Lee


Salt Lake County, Duchesne County, Uintah County, Washington County, And Weber County, Political Subdivisions Of The State Of Utah, Plaintiffs/Appellants, V. State Of Utah, Delta Airlines, Inc. And Sky West, Inc., Defendants/Appellees : Brief Of Appellant, Utah Supreme Court Dec 2018

Salt Lake County, Duchesne County, Uintah County, Washington County, And Weber County, Political Subdivisions Of The State Of Utah, Plaintiffs/Appellants, V. State Of Utah, Delta Airlines, Inc. And Sky West, Inc., Defendants/Appellees : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

BRIEF OF APPELLANT SALT LAKE COUNTY, ET AL.

On appeal from an Order of the Third District Court,
Judge Kara Pettit, District Court No. 170904525


Salt Lake County, Duchesne County, Uintah County, Washington County, And Weber County, All Political Subdivisions Of The State Of Utah, Plaintiffs/Appellants, V. State Of Utah, Delta Air Lines, Inc., And Skywest Airlines, Inc., Defendants/Appellees : Brief Of Appellee, Utah Supreme Court Dec 2018

Salt Lake County, Duchesne County, Uintah County, Washington County, And Weber County, All Political Subdivisions Of The State Of Utah, Plaintiffs/Appellants, V. State Of Utah, Delta Air Lines, Inc., And Skywest Airlines, Inc., Defendants/Appellees : Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

BRIEF OF APPELLEES DELTA AIR
LINES, INC. AND SKYWEST
AIRLINES, INC.

ON APPEAL FROM THE THIRD JUDICIAL DISTRICT COURT,
SALT LAKE COUNTY, HONORABLE KARA PETTIT, DISTRICT JUDGE


Salt Lake County, Duchesne County, Uintah County, Washington County, And Weber County, Political Subdivisions Of The State Of Utah, Plaintiffs/Appellants, V. State Of Utah, Delta Airlines, Inc. And Sky West, Inc., Defendants/Appellees : Reply Brief, Utah Supreme Court Dec 2018

Salt Lake County, Duchesne County, Uintah County, Washington County, And Weber County, Political Subdivisions Of The State Of Utah, Plaintiffs/Appellants, V. State Of Utah, Delta Airlines, Inc. And Sky West, Inc., Defendants/Appellees : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

APPELLANT'S REPLY BRIEF


State Of Utah, Plaintiff/Appellee, V. Patrick Bobby Jr. Galindo, Defendant/Appellant : Reply Brief, Utah Court Of Appeals Dec 2018

State Of Utah, Plaintiff/Appellee, V. Patrick Bobby Jr. Galindo, Defendant/Appellant : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

Reply Brief--PUBLIC/PRIVATE

On appeal from the Second Judicial District Court, Weber County,
Honorable Ernie Jones, District Court No. 161901398

Mr. Galindo is incarcerated


Salt Lake County, Duchesne County, Uintah County, Washington County, And Weber County, All Political Subdivisions Of The State Of Utah, Plaintiffs/Appellants, V. State Of Utah, Delta Air Lines, Inc., And Skywest Airlines, Inc., Defendants/Appellees : Brief Of Appellee, Utah Supreme Court Dec 2018

Salt Lake County, Duchesne County, Uintah County, Washington County, And Weber County, All Political Subdivisions Of The State Of Utah, Plaintiffs/Appellants, V. State Of Utah, Delta Air Lines, Inc., And Skywest Airlines, Inc., Defendants/Appellees : Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

SUPPLEMENTAL BRIEF OF
APPLLEES DELTA AIR LINES,
INC. AND SKYWEST AIRLINES,
INC.

ON APPEAL FROM THE THIRD JUDICIAL DISTRICT COURT,
SALT LAKE COUNTY, HONORABLE KARA PETTIT, DISTRICT JUDGE


Salt Lake County, Duchesne County, Uintah County, Washington County, And Weber County, Political Subdivisions Of The State Of Utah, Plaintiffs/Appellants, V. State Of Utah, Delta Airlines, Inc. And Sky West, Inc., Defendants/Appellees : Reply Brief, Utah Supreme Court Dec 2018

Salt Lake County, Duchesne County, Uintah County, Washington County, And Weber County, Political Subdivisions Of The State Of Utah, Plaintiffs/Appellants, V. State Of Utah, Delta Airlines, Inc. And Sky West, Inc., Defendants/Appellees : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

APPELLANTS' SUPPLEMENTAL REPLY BRIEF


The State Of Utah, Plaintiff/Appellee V. Joseph Crescencio Granados, Defendant/Appellant : Brief Of Appellant, Utah Court Of Appeals Dec 2018

The State Of Utah, Plaintiff/Appellee V. Joseph Crescencio Granados, Defendant/Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

BRIEF OF APPELLANT

An appeal from a judgment of conviction of attempted murder, a first
degree felony; failure to stop or respond at the command or police, a third degree
felony; criminal mischief: intentional damage, deface, or destroy property, a third
degree felony; possession or use of a controlled substance, class A
misdemeanor; use or possession of drug paraphernalia, a class B misdemeanor;
and possession of a dangerous weapon by a restricted, a second degree felony; in
the Third District Court, Salt Lake County, Utah, the Honorable Paul B. Parker,
presiding.

Appellant is incarcerated


State Of Utah Plaintiff/Appellee V. Jeremiah Ray Hart Defendant/Appellant : Brief Of Appellant, Utah Court Of Appeals Dec 2018

State Of Utah Plaintiff/Appellee V. Jeremiah Ray Hart Defendant/Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

BRIEF OF APPELLANT

APPEAL FROM A JUDGMENT AND CONVICTION OF AGGRAVATED
MURDER, OBSTRUCTING JUSTICE AND POSSESSION OF A DANGEROUS
WEAPON BY RESTRICTED PERSON IN THE THIRD DISTRICT COURT

The Defendant is Incarcerated in the Utah State Prison


Salt Lake County, Duchesne County, Uintah County, Washington County, And Weber County, Political Subdivisions Of The State Of Utah, Plaintiffs/Appellants, V. State Of Utah, Delta Airlines, Inc. And Sky West, Inc., Defendants/Appellees : Brief Of Appellant, Utah Supreme Court Dec 2018

Salt Lake County, Duchesne County, Uintah County, Washington County, And Weber County, Political Subdivisions Of The State Of Utah, Plaintiffs/Appellants, V. State Of Utah, Delta Airlines, Inc. And Sky West, Inc., Defendants/Appellees : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

APPELLANT'S SUPPLEMENTAL BRIEF