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The President's Unconstitutional Treatymaking, David H. Moore Jan 2010

The President's Unconstitutional Treatymaking, David H. Moore

Faculty Scholarship

The President of the United States frequently signs international agreements but postpones ratification pending Senate consent. Under international law, a state that signs a treaty subject to later ratification must avoid acts that would defeat the treaty's object and purpose until the nation clearly communicates its intent not to join. As a result, the President in signing assumes interim treaty obligations before the treatymaking process is complete. Despite the pervasiveness of this practice, scholars have neglected the question of its constitutionality. As this Article demonstrates, the practice is unconstitutional. Neither the text, structure, nor history of the Constitution supports the …

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Fractured Membership: Deconstructing Territoriality To Secure Rights And Remedies For The Undocumented Worker, D. Carolina Nuñez Jan 2010

Fractured Membership: Deconstructing Territoriality To Secure Rights And Remedies For The Undocumented Worker, D. Carolina Nuñez

Faculty Scholarship

Relied upon but unwelcome, among us but uninvited, undocumented workers in the United States – now numbering over 8 million – labor on the border of inclusion and exclusion, between a status-based conception of membership and a territorial approach to membership. Although mere presence in the U.S. secures undocumented workers many of the same labor protections afforded to authorized workers, undocumented status often forecloses certain remedies otherwise available for employer breaches of those protections. Many commentators have criticized this effective status-based denial of rights to undocumented workers as inimical to the goals underlying labor and immigration law. While this Article …

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Still On The Border: The Fractured Membership Rights Of The Undocumented Worker, D. Carolina Nuñez Jan 2010

Still On The Border: The Fractured Membership Rights Of The Undocumented Worker, D. Carolina Nuñez

Faculty Scholarship

No abstract provided.

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Close Enough For Government Work: The Committee Rulemaking Game, Paul Stancil Jan 2010

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 …

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Governing The Presidential Nomination Commons, Brigham Daniels Jan 2010

Governing The Presidential Nomination Commons, Brigham Daniels

Faculty Scholarship

States jockeying to hold primaries and caucuses as early as possible has become the central theme of the presidential primary system. While the trend of racing to vote is not new, it has increased alarmingly. In 2008, more than half the states held contests by the first week of February. This free-for-all hurts the democratic process by encouraging uninformed voting, emphasizing the role of money in campaigns, and pressing candidates to rely on sound-bite campaigning. Because the presidential nomination is one of the most important decisions left to voters in the United States, this problem is well-recognized. It is also …

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Truth And Consequences: Mitt Romney, Proposition 8, And Public Reason, Frederick Mark Gedicks Jan 2010

Truth And Consequences: Mitt Romney, Proposition 8, And Public Reason, Frederick Mark Gedicks

Faculty Scholarship

Although formal religious tests for federal office are constitutionally prohibited, they have long been fact of political life in presidential elections. John Kennedy remains the only nonProtestant ever elected President. The "Judeo-Christian tradition" notwithstanding, no major party has ever nominated a Jew for president - let alone a Buddhist, Hindu, Mormon, Muslim, or unbeliever.

Against this electoral history, it was perhaps predictable that mainstream Christian commentators would feel free to legitimate religious attacks on Mitt Romney during the Republican presidential primaries on the ground that Mormonism is a "false" religion. Ironically, however, the Mormon church periodically intervenes in initiative and …

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The State Of Utah, By And Through Layton City, A Municipal Corporation V. Sherri Lee Tatton : Unknown, Utah Supreme Court Jan 2010

The State Of Utah, By And Through Layton City, A Municipal Corporation V. Sherri Lee Tatton : Unknown, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

No abstract provided.

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Nathan Nolan Jardine V. Office Of Professional Conduct : Brief Of Appellant, Utah Supreme Court Jan 2010

Nathan Nolan Jardine V. Office Of Professional Conduct : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from the decision of the Honorable Denise Lindberg, Third Judicial District Court, Salt Lake County.

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The State Of Utah V. Apotex Corporation; Baxter Healthcare Corporation; Boehringeringelheim Corporation; Mallinckrodt Inc.; Csl Behring; Forest Laboratories, Inc.; Morton Grove Pharmaceuticals, Inc.; Mutual Pharmaceutical Company, Inc.; Novartis Pharmaceuticals Corporation; Otsuka America, Inc.; Pfizer, Inc.; Qualitest Pharmaceuticals, Inc.; Schering-Plough Corporation; Schwarz Pharma Usa Holdings, Inc; Taro Pharmaceuticals Usa, Inc.; Upsher-Smith, Inc.; And Wyeth, Inc., : Brief Of Appellant, Utah Supreme Court Jan 2010

The State Of Utah V. Apotex Corporation; Baxter Healthcare Corporation; Boehringeringelheim Corporation; Mallinckrodt Inc.; Csl Behring; Forest Laboratories, Inc.; Morton Grove Pharmaceuticals, Inc.; Mutual Pharmaceutical Company, Inc.; Novartis Pharmaceuticals Corporation; Otsuka America, Inc.; Pfizer, Inc.; Qualitest Pharmaceuticals, Inc.; Schering-Plough Corporation; Schwarz Pharma Usa Holdings, Inc; Taro Pharmaceuticals Usa, Inc.; Upsher-Smith, Inc.; And Wyeth, Inc., : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

No abstract provided.

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Fred Danneman V. Holly Danneman : Brief Of Appellant, Utah Court Of Appeals Jan 2010

Fred Danneman V. Holly Danneman : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the Ruling and Order (Re: Ruling August 23, 2010) of the Third District Court, the Honorable Lynn W. Davis, presiding, which were entered on August 23, 2 010, and September 14, 2010, respectively.

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Fred Danneman V. Holly Danneman : Brief Of Appellee, Utah Court Of Appeals Jan 2010

Fred Danneman V. Holly Danneman : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the Ruling and Order of the Fourth District Court, The Honorable Lynn W. Davis, presiding, (Orders entered August 23, 2010 and September 14, 2010, respectively)

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Tom Watkins V. Henry Day Ford : Brief Of Appellant, Utah Court Of Appeals Jan 2010

Tom Watkins V. Henry Day Ford : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

APPEAL FROM THE OPINION OF THE COURT OF APPEALS FOR THE STATE OF UTAH FOLLOWING THE GRANT OF CERTIORARI BRIEF OF APPELLANT ON THE UTAH SUPREME COURT'S GRANT OF CERTIORARI ON THE UTAH COURT APPEAL'S REVERSAL AND REMAND, 2010 UT APP 243

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Gregory A. Lowrey V. Department Of Workforce Services, Workforce Appeals Board And Jacklyn Emmett Johnson : Reply Brief, Utah Court Of Appeals Jan 2010

Gregory A. Lowrey V. Department Of Workforce Services, Workforce Appeals Board And Jacklyn Emmett Johnson : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

APPEAL FROM A DECISION OF THE UTAH DEPARTMENT OF WORKFORCE SERVICES APPEALS BOARD

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Gregory A. Lowrey V. Workforce Appeals Board, Utah Department Of Workforce Services, And Jacklyn Emmett Johnson : Brief Of Respondent, Utah Court Of Appeals Jan 2010

Gregory A. Lowrey V. Workforce Appeals Board, Utah Department Of Workforce Services, And Jacklyn Emmett Johnson : Brief Of Respondent, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Petition for Review of a Decision of the Workforce Appeals Board of the Department of Workforce Services, State of Utah

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Tom Watkins V. Henry Day Ford : Reply Brief, Utah Court Of Appeals Jan 2010

Tom Watkins V. Henry Day Ford : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

APPEAL FROM THE OPINION OF THE COURT OF APPEALS FOR THE STATE OF UTAH FOLLOWING THE GRANT OF CERTIORARI REPLY BRIEF OF APPELLANT ON THE UTAH SUPREME COURT'S GRANT OF CERTIORARI ON THE UTAH COURT APPEAL'S REVERSAL AND REMAND, 2010 UT APP 243

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Utah First Federal Credit Union V. John Dudley : Brief Of Appellee, Utah Court Of Appeals Jan 2010

Utah First Federal Credit Union V. John Dudley : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLEE UTAH FIRST FEDERAL CREDIT UNION

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Nicholas Lindsey V. Unifund Ccr : Brief Of Appellant, Utah Court Of Appeals Jan 2010

Nicholas Lindsey V. Unifund Ccr : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Reply Brief of Appellant

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State Of Utah V. Stephen Bradley Adamson : Brief Of Appellee, Utah Court Of Appeals Jan 2010

State Of Utah V. Stephen Bradley Adamson : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

No abstract provided.

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Ej Sutton V. Byer Excavating, Inc., A Utah Corporation, Lowell Construction Co., A Utah Corporation, James H. Diamond Concrete, A Utah Corporation, And John Does 1 Though 3 : Brief Of Appellee, Utah Court Of Appeals Jan 2010

Ej Sutton V. Byer Excavating, Inc., A Utah Corporation, Lowell Construction Co., A Utah Corporation, James H. Diamond Concrete, A Utah Corporation, And John Does 1 Though 3 : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

APPEAL FROM THE ORDER OF SUMMARY JUDGMENT OF THE THIRD DISTRICT COURT OF SALT LAKE COUNTY, HON. ROBERT K. HILDER.

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State Of Utah V. Stephen Bradley Adamson : Brief Of Appellant, Utah Court Of Appeals Jan 2010

State Of Utah V. Stephen Bradley Adamson : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

No abstract provided.

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State Of Utah V. Robert Michael Clark : Brief Of Appellee, Utah Court Of Appeals Jan 2010

State Of Utah V. Robert Michael Clark : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the denial of a motion to modify judgment filed three years after entry of guilty pleas and sentences for attempted issuance of a bad check and attempted theft by deception, third degree felonies, in the Third Judicial District Court of Utah, Salt Lake County, the Honorable Robin W. Reese presiding.

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Clark V. Utah : Brief Of Appellant, Utah Court Of Appeals Jan 2010

Clark V. Utah : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

No abstract provided.

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State Of Utah V. James Errol Campbell : Brief Of Appellant, Utah Court Of Appeals Jan 2010

State Of Utah V. James Errol Campbell : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

APPEAL FROM THE FOURTH DISTRICT COURT, UTAH COUNTY, STATE OF UTAH, FROM THE JUDGMENT, SENTENCE AND COMMITMENT ON ONE , COUNT OF POSSESSION OF A CONTROLLED SUBSTANCE, A THIRD DEGREE FELONY, BEFORE THE HONORABLE JUDGE SAMUEL McVEY

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State Of Utah V. Stephen Bradley Adamson : Brief Of Appellant, Utah Court Of Appeals Jan 2010

State Of Utah V. Stephen Bradley Adamson : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

No abstract provided.

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Tavis Mcarthur V. State Farm Mutual Automobile Insurance Company : Reply Brief, Utah Court Of Appeals Jan 2010

Tavis Mcarthur V. State Farm Mutual Automobile Insurance Company : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Regarding Certified Questions from the United States Court of Appeals For the Tenth Circuit Case No. 09-4239

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Utah First Federal Credit Union V. John S Dudley And John Does I-X : Addenda, Utah Court Of Appeals Jan 2010

Utah First Federal Credit Union V. John S Dudley And John Does I-X : Addenda, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

APPEAL FROM THE ENTIRE JUDGMENT OF THE THIRD DISTRICT COURT OF SALT LAKE COUNTY, UTAH, HONORABLE JUDGE DENO HIMONAS -- CASE NUMBER 100905635.

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State Utah V. James Errol Campbell : Brief Of Appellee, Utah Court Of Appeals Jan 2010

State Utah V. James Errol Campbell : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from a conviction for one count of possession of a controlled substance, a third degree felony, in the Fourth Judicial District Court, Utah County, the Honorable Samuel McVey presiding

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Tavis Mcarthur V. State Farm Mutual Automobile Insurance Company : Brief Of Appellee, Utah Court Of Appeals Jan 2010

Tavis Mcarthur V. State Farm Mutual Automobile Insurance Company : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

APPEAL ON CERTIFICATION FROM UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT

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Utah V. Campbell : Reply Brief, Utah Court Of Appeals Jan 2010

Utah V. Campbell : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

No abstract provided.

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State Of Utah V. Lynette Tibbets : Brief Of Appellee, Utah Court Of Appeals Jan 2010

State Of Utah V. Lynette Tibbets : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Brief of Appellee

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