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Salt Lake City V. Jeff Nelson : Brief Of Respondent, Utah Court Of Appeals

Utah Court of Appeals Briefs (through 1995)

BRIEF OF RESPONDENT SALT LAKE CITY Appeal from criminal convictions of Battery and Destruction of Property in the Third Circuit Court (nee Fifth Circuit Court) for Salt Lake City Honorable Floyd H. Gowans, Judge

The British And American Experiences From The Perspective Of A Neutral, Eric J. Schmertz

Hofstra Labor & Employment Law Journal

No abstract provided.

Westmoreland V. Cbs: The Law Of War And The Order Of Battle Controversy, Stephen B. Young

Vanderbilt Journal of Transnational Law

This Article will contend that the law of war obligated Westmoreland to accept lower numbers for the military Order of Battle because the persons under consideration for inclusion were arguably noncombatant civilians entitled to the protections that the law of war reserved for nonbelligerents. To support this conclusion, this Article will first discuss the necessary distinction, as embodied in the law of war, between combatants and noncombatants. Next, it will discuss the circumstances of combat that Westmoreland discovered when United States forces entered the war to fight one-on-one with Vietnamese Communist units. It will then discuss Westmoreland's personal obligations under …

Images Of Violence In Labor Jurisprudence: The Regulation Of Picketing And Boycotts, 1894-1921, Dianne Avery

Journal Articles

No abstract provided.

Beyond Criticism, Guyora Binder

Journal Articles

During the 1980’s, Critical Legal Studies was frequently criticized for offering no policy prescriptions. This essay explained critical scholars’ reluctance to propose policy as a reflection of their epistemological and political critiques of instrumentalist policy analysis. Because critical scholars saw both causal relationships and interests as highly contingent on normative assumptions, they were skeptical of claims that well-intentioned law reforms would benefit the interests of the poor and the powerless. Valuing democratic participation, critical legal scholars were also reluctant to define the interests of the powerless for them. The essay proceeded to argue that critical legal scholars should see instrumentalism …

Swiss Bank Secrecy And United States Efforts To Obtain Information From Swiss Banks, Elliot A. Stultz

Vanderbilt Journal of Transnational Law

The United States has utilized numerous techniques to penetrate bank secrecy, with varying degrees of success. The United States and Switzerland have signed several agreements relating to bank secrecy and its role in United States criminal investigations. These efforts have allowed United States authorities to obtain normally privileged information in numerous investigations over the past ten years, although some confusion as to what information is available still exists today.

Two recent events have expanded the scope of information available to United States investigators and alleviated some of the confusion. In November 1987 the United States and Switzerland exchanged a Memorandum …

Recent Development, Christopher A. Walker

Vanderbilt Journal of Transnational Law

On February 28, 1985, the United States Environmental Protection Agency (EPA or Agency) proposed rules governing the incineration of liquid organic hazardous wastes at sea. By providing specific criteria governing at-sea incineration' the proposed rules would modify the provisions of the Ocean Dumping regulations. After more than a year of discussions among waste handlers, the EPA, and citizen and environmental groups over the merits and risks of at-sea incineration the EPA promulgated the rules. The EPA's rulemaking process drew an immediate and heated response from the public, and attracted the attention of several Congressional committees. Three years after proposing the …

International Propaganda And Developing Countries, Adeno Addis

Vanderbilt Journal of Transnational Law

This Article will use the term propaganda in its negative sense and explore its impact on developing nations' capacity for self-determination. Following a brief suggestion about a workable definition in Part II, Part III isolates the particular threat that propaganda poses for developing nations. Part IV then surveys the fractured history of international propaganda regulation. Part V examines the relationship between self-determination and propaganda, with specific reference to disinformation and what will be termed "structural propaganda." Individual state responses to propaganda are outlined in Part VI. Part VII explores the same issue on the international level and suggests the creation …

Deference And Its Dangers: Congress' Power To "Define ... Offenses Against The Law Of Nations", Charles D. Siegal

Vanderbilt Journal of Transnational Law

This Article has not sought to argue that we are today bound to the framers' limited conception of the law of nations. The way that law develops has changed dramatically in 200 years; there is no reason to believe that the framers would not have supported an evolving definition of offenses against the law of nations. And, even if they did not, an originalist interpretation of the offenses clause is still not warranted. Nor has this Article argued that Congress has no leeway in defining offenses; its points are less strict.

When Congress determines that a certain set of actions …

Book Review Of The Law Of War, Linda A. Malone

Faculty Publications

No abstract provided.

Civil Liberties Guarantees When Indian Tribes Act As Majority Societies: The Case Of The Winnebago Retrocession, Charles F. Wilkinson

Publications

No abstract provided.

The South Pacific Nuclear Free Zone Treaty: Regional Autonomy Versus International Law And Politics, Matthew Lippman

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

The Conflict Between The Parental Kidnapping Prevention Act And The Extradition Act: Naming The Custodial Parent Both Legal Guardian And Fugitive Comment., Suzanne Y. Lepori

St. Mary's Law Journal

Abstract Forthcoming.

The President's Powers As Commander-In-Chief Versus Congress' War Power And Appropriations Power, Charles W. Bennett, Arthur B. Culvahouse, Geoffrey P. Miller, William Bradford Reynolds, William W. Van Alstyne

Faculty Publications

This joint work explores a variety of viewpoints all centered around the War Powers Resolution and its application to the situation in the Persian Gulf.

Nicaragua: United States Assistance To The Nicaraguan Human Rights Association And The Nicaraguan Resistance, Suzanne B. Goldberg, Lee Crawford, Kevin Reed, John Tennant

Faculty Scholarship

The question of providing aid to the Nicaraguan Resistance has been significant to United States human rights policy throughout the Reagan Administration. Although events have changed repeatedly during the winter of 1988, including a truce between the Nicaraguan Government and the Resistance and a Congressional decision not to provide military aid to the Resistance, the underlying policy issues remain constant. The Harvard Human Rights Yearbook presents two notes, infra, discussing the Military Construction Appropriations Act of 1987, which granted $100 million in aid to the Nicaraguan Resistance. The first note discusses the Nicaraguan Human Rights Association (Asociacidn Nicaraguense Pro-Derechos Humanos …

Corporate Takeovers: Who Wins; Who Loses; Who Should Regulate, John C. Coffee Jr., Joseph A. Grundfest, Roberta Romano, Murray L. Weidenbaum

Faculty Scholarship

On December 3, 1987, during its 11th Annual Policy Conference in Washington, DC, the American Enterprise Institute convened a panel discussion on "Corporate Takeovers and Insider Trading: Who Should Regulate?" The panelists were John C. Coffee, Jr., professor of law at Columbia University; Joseph A. Grundfest, commissioner at the Securities and Exchange Commission; Roberta Romano, professor of law at Yale Law School; and Murray L. Weidenbaum, Mallinckrodt Distinguished University Professor and director of the Center for the Study of American Business at Washington University. The panel was moderated by Christopher C. DeMuth, president of AEI. The following discussion is drawn …

The President’S Powers As Commander-In-Chief Versus Congress’ War Power And Appropriations Power, Charles Bennett, Arthur B. Culvahouse Jr., Geoffrey P. Miller, William Bradford Reynolds, William W. Van Alstyne

Faculty Scholarship

No abstract provided.

A Recommended Approach To Bail In International Extradition Cases, Jeffrey A. Hall

Michigan Law Review

This Note proposes such a consistent approach, arguing that courts in international extradition cases should focus on the accused's risk of flight rather than on the presence or absence of specific "special circumstances." Part I briefly discusses the international extradition process and outlines the important societal and individual interests at stake in the bail decision. Part II discusses the origin and evolution of the judicial approaches to bail in international extradition cases and demonstrates the inconsistency in the lower courts' treatment. Part III suggests an approach for making bail decisions in international extradition cases. It argues that the determinative factor …

A Guide To Critical Legal Studies, David L. Gregory

Duke Law Journal

Review of: A Guide to Critical Legal Studies. By Mark Kelman. Harvard University Press, Cambridge, Massachusetts and London, England, 1987.

On Critical Legal Studies As Guerilla Warfare, Guyora Binder

Journal Articles

This sardonic 1987 essay defended Critical Legal Studies (CLS) against alarmist attacks from the right, claiming that CLS was dangerously subversive of the rule of law, and seemingly contradictory attacks from the left dismissing CLS as empty theorizing lacking any practical implications for reform. The essay responded that while CLS lacked proposals for legislative reform, it favored a highly participatory process of reform, drawn from experience in the student movements of the 1960’s. It distrusted state power and bureaucracy as engines of change, and favored community organization, civil society, and popular mobilization.

The Evolution Of Law: Continued, Alan Watson

Scholarly Works

In my book The Evolution of Law I sought to give a general theory of legal evolution based on detailed legal examples from which generalizations could be drawn, offering as few examples as were consistent with my case in order to present as clear a picture as possible. I was well aware as I was writing that some critics would regard the examples as mere isolated aberrations and for them and for other readers who, whether convinced of the thesis or not, would like further evidence, I want here to bring forward a few extra significant examples.

The Opinion Volume 28 Number 3 – September 30, 1987, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated September 30, 1987

The Comprehensive Anti-Apartheid Act: A Case Study In The Legality Of Economic Sanctions

Washington and Lee Law Review

No abstract provided.

Hawaii And The United States Supreme Court: Three Cases On Law, History, And The United States Constitution, William E. H. Tagupa

Pacific Studies

No abstract provided.

International Law And The Environment, Daniel Barstow Magraw

Proceedings of the Sino-American Conference on Environmental Law (August 16)

18 pages.

Contains 3 pages of references.

The Use And Abuse Of Expert Testimony In Product Liability Actions, Barry M. Epstein, Marc S. Klein

Seton Hall Law Review

No abstract provided.

Disorder In The Court: The Death Penalty And The Constitution, Robert A. Burt

Michigan Law Review

This article has two purposes. Its first aim is to trace the significance of these shifting characterizations of American society in the Justices' successive approaches to the death penalty by retelling the story of the Court's capital punishment jurisprudence. Its second purpose is to suggest that belief in implacable social hostility destroys the coherence of the judicial role in constitutional adjudication. America may indeed be an irreconcilably polarized society; I cannot dispositively prove or disprove the proposition. I mean only to claim that in constitutional adjudication a judge is obliged to act as if this proposition were false; and, moreover, …

Islamic Law, International Relations, And Human Rights: Challenge And Response, Abdullahi Ahmed An-Na'im

Cornell International Law Journal

No abstract provided.

Calculated Kindness: Refugees And American's Half-Open Door, 1945 To The Present, By Gil Loescher And John A. Scanlan, Arthur C. Helton

Indiana Law Journal

No abstract provided.

Vol. 10 No. 3 (1987): Pacific Studies Full Issue, The Jonathan Nāpela Center For Hawaiian And Pacific Islands Studies

Pacific Studies

Pacific Studies is published two times a year by The Jonathan Nāpela Center for Hawaiian and Pacific Studies, Brigham Young University Hawai‘i #1979, 55–220 Kulanui Street, Lāʻie, Hawai‘i 96762, but responsibility for opinions expressed in the articles rests with the authors alone. Subscription rate is US$40.00 yearly, payable to The Jonathan Nāpela Center for Hawaiian and Pacific Studies. The Jonathan Nāpela Center for Hawaiian and Pacific Studies (formerly The Pacific Institute) is an organization funded by Brigham Young University Hawai‘i. The Center assists the University in meeting its cultural and educational goals by undertaking a program of teaching, research, and …