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Henry C. Hopkins V. Utah Board Of Pardons : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (through 1995)

THIS IS AN APPEAL FROM THE THIRD DISTRICT COURT ORDER DISMISSING APPELLANT'S HABEAS CORPUS COMPLAINT

Utah V. Louis H. Knight : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (through 1995)

Appeal from a judgment and conviction for one count of incest, a third degree felony, in violation of Utah Code Ann. § 76-7-102, and two counts of sexual abuse of a child, second degree felonies, in violation of Utah Code Ann. § 76-5-401.1(1), in the Third Judicial District Court in and for Salt Lake County, State of Utah, the Honorable J. Dennis Frederick, Judge, presiding.

Annual Survey Of Virginia Law: Civil Practice And Procedure, George J. Dancigers, A. William Charters

University of Richmond Law Review

This article reviews recent developments and changes in legislation, case law, and Virginia Supreme Court Rules affecting civil litigation. Its scope does not extend to criminal procedure or to topics unique to equity practice.

Annual Survey Of Virginia Law: Criminal Law And Procedure, Steven D. Benjamin

University of Richmond Law Review

During the past year, the Virginia Court of Appeals continued to be the primary contributor to the development of substantive and procedural criminal law in Virginia. As it has in years past, the court ruled on numerous Fourth Amendment questions, particularly with respect to investigatory detention. Other significant rulings dealt with double jeopardy, discovery, due process, and trial procedure.

Annual Survey Of Virginia Law: Legal Issues Involving Children, Robert E. Shepherd Jr.

University of Richmond Law Review

Three events in the past year significantly impacted the way the legal system treats children. First, the family court experiment being conducted under the auspices of the Supreme Court of Virginia and the Judicial Council was concluded. Second, the General Assembly established a state-wide, community-based, inter-agency system to deliver services to children and youth. Third, the Virginia Supreme Court promulgated the first set of statewide rules governing proceedings in juvenile and domestic relations district courts. The year's other developments were not as systemic or far reaching as those above, although recommendations flowing from the Youth Services Commission's' legislatively-mandated study of …

Annual Survey Of Virginia Law: Workers' Compensation, Mary G. Commander

University of Richmond Law Review

This article reintroduces workers' compensation as a topic given periodic treatment in the Annual Survey of Virginia Law. Prior to the creation of the Virginia Court of Appeals, effective January 1, 1985, the law of workers' compensation had become static and predictable; accordingly, other areas were given priority in the Survey. This article covers selected significant developments in the law since 1985.

The Paradox Of United State Democracy, C. A. Gearty

University of Richmond Law Review

This program is about a paradox at the heart of American democracy. We take it for granted that elected officials, like President Bush and members of Congress, run America. In fact, many of the country's most important decisions are taken by nine unelected lawyers accountable to no one. It is a paradox which is increasingly under scrutiny as more and more Americans are coming to question the power of their Supreme Court.

The Role Of The Modern Supreme Court, Ronald D. Rotunda

University of Richmond Law Review

In The FederalistNo. 78, Alexander Hamilton examined the judicial department. He relied on that branch to safeguard the limitations drafted into the Constitution. While the judiciary is "incontestably" and "beyond comparison the weakest of the three departments of power," he conceded, nonetheless, the constitutional limitations on legislative excess "can be preserved in practice no other way than through the medium of courts of justice; whose duty it must be to declare all acts contrary to the manifest tenor of the constitution void."

The Sheep Lice Detection Test, Peter Morcombe

Journal of the Department of Agriculture, Western Australia, Series 4

Sheep farmers would agree it is difficult to find sheep lice when carrying out an inspection.

The lice detection test makes this task easier and helps farmers decide how to control lice. The test also helps community liaison groups with eradication of lice infestations in specific areas, and provides data for epidemiologists to monitor changes in prevalence of lice and efficacy of treatments. Tests are much cheaper than flock inspection on the farm.

The present lice detection test was developed by the Australian Wool Testing Authority (A WTA) and introduced as an integral part of the Western Australian Sheep Lice …

Breeding Better Malting Barleys, Ross Gilmour, Allen Tarr, Stefan Harasymow

Journal of the Department of Agriculture, Western Australia, Series 4

Development of new barley cultivars in Western Australia has substantially improved the grain yield and quality of the State's barley crop. This has increased returns to barley growers and enhanced Western Australia's reputation in export markets as a major supplier of barley for malting and feed.

The State exports more than 200, 000 t of malting barley, 60, 000 t of barley malt and 150, 000 t of feed barley each year.

The major challenge for the future is to develop new, high yielding cultivars with improved malting quality.

In this article, the authors discuss the achievements of the past; …

Contents, Department Of Agriculture And Food, Western Australia

Journal of the Department of Agriculture, Western Australia, Series 4

No abstract provided.

How To Reduce Spending On Land Conservation, Tim Negus

Journal of the Department of Agriculture, Western Australia, Series 4

Heavy spending on capital works for land conseroation is usually out of the question in the present financial climate, but the recession does not mean that landcare must be abandoned. There are many aspects of landcare that involve little or no extra cost. Soil conseroationist Tim Negus discusses them in this article.

The Juvenile Death Penalty In Washington: A State Constitutional Analysis, Bruce L. Brown

Seattle University Law Review

This Article first briefly examines the United States Supreme Court cases dealing with the juvenile death penalty. Second, the Article describes the history and structure of Washington's death penalty statute. Third, the Article analyzes whether the state constitution's ban on cruel punishment prohibits the imposition of the death penalty on juveniles.

Sepa: A Proposed Standard For Judicial Review Of Agency Decisions Not To Require Preparation Of A Supplemental Environmental Impact Statement, Lori Ann Terry

Seattle University Law Review

To enable citizens opposing projects and proponents defending projects to predict more accurately the results of litigation and to discourage spurious litigation, a more definitive standard of judicial review is necessary. This Article proposes a standard of judicial review that encompasses components of both the adequacy and negative threshold standards of judicial review. The proposed standard of review discourages lawsuits that are brought merely for purposes of delay while ensuring that the agency acted reasonably in making its determination. Before this new standard can be considered, the context in which it will operate must be reviewed. Part II of this …

Guilt As Management Technology: A Call To Heideggerian Reflection, Ladelle Mcwhorter

Philosophy Faculty Publications

Martin Heidegger was born in 1889 in Messkirch, Germany, a small town in the Black Forest. He died in 1976. As these dates indicate, Heidegger lived through a time when Western civilization was undergoing a series of upheavals probably now only dimly imaginable to those of us who are the products of them. His life spanned a technological revolution that changed even the most basic patterns of human (and certainly not only human) life in the industrialized world.

People With Disabilities And Their Federal Rights--Still Waiting After All These Years (Aka Discrimination Of People With Disabilities And Their Federal Rights - Still Waiting After All These Years), Peter Cubra

New Mexico Law Review

No abstract provided.

Law Alumni Newsletter | January 1992, North Carolina Central University School Of Law

Law Alumni Newsletter

No abstract provided.

Jacksonville, Riverport-Seaport, George E. Buker

Books

Jacksonville Riverport-Seaport. Part of the University of South Carolina's studies in maritime history series. University of South Carolina Press, 1992. PALMM

Scf-Mo And Monte Carlo Calculations Of Poly (Dimethylsiloxane), Shannon H. Brownfield, Jerry A. Darsey

Journal of the Arkansas Academy of Science

Self-consistent-field molecular orbital calculations are being used more and more extensively in determining the energies and properties of various confirmations of polymers. We are using the semi-quantum mechanical procedure MNDO (moderate neglect of differential overlap) to obtain various rotational conformations states of poly(dimethylsiloxane) (PDMS). Before calculation of these states, the molecule is geometrically optimized by using the ab initio procedure Guassian 86 at the 3-21G basis set level. Generations of 144 rotational states by rotating about two bonds simultaneously in increments of 30° were created. A potential energy surface was created from which Monte Carlo generated several polymer characteristics including …

Ethereal Torts, Nancy Levit

Faculty Works

Tort litigation has extended liability over time and space, through toxic tort cases as well as unknown and perhaps unknowable risks in products liability cases. Different types of mass tort litigation have spawned different permutations of claims and theories. The movement toward multiple causation and accountability encompasses complex notions of responsibility among multiple parties to an occurrence. Modern torts have particularized mental-state requirements, and there has been a refinement in the approach to mental state generally. Finally, the judiciary's development of common law liability has been accompanied by an upheaval in the theoretical bases for tort liability: commentators have explored …

The Accounting Profession In The Courts, Denzil Y. Causey, Sandra A. Causey

MC Law Review

No abstract provided.

Giving Advice: Aba Formal Advisory Opinion 90-358, Jack L. Sammons

MC Law Review

No abstract provided.

Expert Witness Malpractice: A Solution To The Problem Of The Negligent Expert Witness, Carol Henderson Garcia

MC Law Review

No abstract provided.

Whose Corporation Is It, Anyway - Abolishing The Futility Exception In Derivative Litigation, Victor Arnell Dubose

MC Law Review

Comment

Altruistic Communities And The Responsible Use Of Legal Power, John W. Ragsdale Jr

Faculty Works

When an animate, conscious body - individual, collective, economic or political - is imbued with a strong central vision or focus, the ongoing actions of the body automatically become coordinated and subordinated to the dictates of that core imagery. When the center is affirmative and qualitative, then the body has a distinct capacity for self-sufficiency, endurance, and equilibrium. If, however, the central focus is negative or linear, then the capacity for internal homeostasis is greatly lessened. A core of fear, anger, or endless material craving can prompt the exercises of power that herein will be called irresponsible. Such exercises of …

Restoring The Common In The Law: Proposal For The Elimination Of Rules Prohibiting The Citation Of Unpublished Decisions In Kansas And The Tenth Circuit, Mark D. Hinderks, Steve A. Leben

Faculty Works

No abstract provided.

Mental Stress And Ohio Workers' Compensation: When Is A Stress-Related Condition Compensable, Fred J. Pompeani

Cleveland State Law Review

Recent national studies have confirmed that workplace stress knows no occupational boundaries and, moreover, threatens the psychological well-being of the United States work force. Stress-related claims are expected to increase through the 1990s, and recent commentators fear that this predicted increase in stress-based claims will destroy some states' workers' compensation systems. Because of the potential for fraudulent claims and costly litigation, many states have moved to define and limit the situations in which workers are eligible for stress-related benefits. Limitations have come in the form of legislative enactments or judicial decisions establishing specific requirements or restrictions regarding stress claims. The …

Section 1983 And The Collateral Source Rule, Linda L. House

Cleveland State Law Review

This note examines the different approaches to the application of the collateral source rule among federal and state courts entertaining §1983 actions and the principles which should be applied by courts to resolve the choice of law problem raised by the rule. The first section discusses the common law collateral source rule and recent state legislative alterations and abrogation of it. The second section explores current applications of the collateral source rule in federal and state courts entertaining §1983 actions. The third section suggests principles which should guide courts in their applications of the collateral source rule. This section further …

The Value Of Hebeler Children's School, Janet Lucille Smith

All Master's Theses

This thesis consists of a historical review of laboratory schools at Central Washington University. It is supplemented by the results of two informal surveys of in-service teachers who graduated from Central, along with present and retired faculty, administrators, teachers, and others connected and concerned with the education of teachers (see Appendices A and B). The surveys focus on the perception of the role of laboratory school experience in teacher preparation. Also included are interviews and correspondence with persons connected to Central and its laboratory schools (see Appendix C). Recommendations were given for opportunity to explore, study and identify the roles …

The Law Of Seaman Status Clarified, David W. Robertson

Journal of Maritime Law and Commerce

No abstract provided.