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1992

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State V. Ramirez- Strengthening Utah's Standard For Admitting Eyewitness Identification Evidence, Anne E. Whitehead Jan 1992

State V. Ramirez- Strengthening Utah's Standard For Admitting Eyewitness Identification Evidence, Anne E. Whitehead

Utah Law Review

Traditionally, the credibility of eyewitness identifications has been left to the jury, and the procedure used to obtain an out-of-court identification affected the weight, rather than the admissibility, of the identification at trial. Over the past 100 years, however, psychological research on memory and perception has highlighted the fact that "in most cases eyewitness testimony is partially unreliable and highly susceptible to numerous influences." Furthermore, this growing body of scientific research has challenged the presumption that jurors have the ability to understand the problems inherent in eyewitness identifications.

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Naomi Wolf, The Beauty Myth: Howimages Of Beauty Are Used Against Women, Anne C. Levy Jan 1992

Naomi Wolf, The Beauty Myth: Howimages Of Beauty Are Used Against Women, Anne C. Levy

Utah Law Review

What has happened to the ideal world which the "liberated" woman of the '70s envisioned for herself in the ensuing decades? That vision has been replaced with a harsh reality. Today, the world presents her not with the opportunity to experience the joy of continued movement toward self-fulfillment, power, and prestige, but rather with a need to constantly struggle to overcome gnawing and unsatisfiable feelings of inadequacy and low selfesteem reinforced by an ideal which always exceeds her grasp. Far from having attained the goals of the early women's movement, the woman of the '90s is more tired than energetic, …

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Lloyd Burton, American Indianwater Rights And The Limits Of Law, John S. Harbison Jan 1992

Lloyd Burton, American Indianwater Rights And The Limits Of Law, John S. Harbison

Utah Law Review

Is it not the case that these citizens are faced with severe and complicated resource-allocation problems in need of solutions? That when it takes a decade or more to resolve these problems under our current system, we have not much to lose. That the costs may not be more than those we currently bear, and if they are they may be worth paying? That the plethora of state and federal agencies and courts grappling with these problems is a source of substantial ineffectiveness itself? And I would summon Lon Fuller one last time: the demand on our imagination is "a …

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Intergenerational Responsibility And Family Obligation: On Sharing, Lee E. Teitelbaum Jan 1992

Intergenerational Responsibility And Family Obligation: On Sharing, Lee E. Teitelbaum

Utah Law Review

The question of what family members owe to each other has become acute for a number of reasons: some demographic; some economic; and some social. The issue, of course, is an old one. During the sixteenth century, support for those who were disabled through youth (typically orphans and abandoned children), age, or infirmity was first a matter for private charity and, when that failed, became a matter of local responsibility. However, the cost of local responsibility was soon recognized, and recognition was swiftly followed by efforts to minimize the public obligation by, for example, punishing those who were "voluntarily" disabled-vagrants …

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The Problem Of Proxies With Interests Of Their Own: Toward A Better Theory Of Proxy Decisions, John Hardwig Jan 1992

The Problem Of Proxies With Interests Of Their Own: Toward A Better Theory Of Proxy Decisions, John Hardwig

Utah Law Review

Patient autonomy is the cornerstone of our medical ethics. Given this commitment to autonomy, proxy decisions will always strike us as problematic; it is always more difficult to ensure that the wishes of the patient are embodied in treatment decisions when someone else must speak for the patient. And proxy decisions are especially disturbing when we fear that the proxy's judgment is tainted by his own interests, so that the proxy is covertly requesting the treatment he wants the patient to have, rather than the treatment the patient would have wanted. This problem of interested proxies is exacerbated by the …

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Bioethics And The Family. The Cautionary View From Family Law, Carl E. Schneider Jan 1992

Bioethics And The Family. The Cautionary View From Family Law, Carl E. Schneider

Utah Law Review

This attempt to glean lessons for bioethics from family law has yielded no determinate answers or easy principles. I have suggested that family law has recently struggled to avoid the standards problems. Yet I have argued that each method of doing so is itself importantly flawed and sharply limited. I must confess that, if anything, this survey has been too pessimistic, that it has looked more assiduously for the drawbacks than the benefits of each approach. I should also say that my survey has confined itself to examining broad approaches, rather than seeking the surely valuable lessons to be learned …

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The Roles Of The Family In Making Health Care Decisions For Incompetent Patients, Leslie P. Francis Jan 1992

The Roles Of The Family In Making Health Care Decisions For Incompetent Patients, Leslie P. Francis

Utah Law Review

This Article is about the roles of the family in making health care decisions for incompetent patients. It argues that complex moral reasons call for the participation of families in decision making for incompetents. However, these moral reasons do not support a single model of the family's role for all incompetents. Rather, they suggest important differences among the roles family members should play in decision making for different kinds of incompetent patients: formerly competent adults, never competent adults, or infants and children.

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Medical Ethics And Family Affairs, Jay A. Jacobson Jan 1992

Medical Ethics And Family Affairs, Jay A. Jacobson

Utah Law Review

I will explore how doctors regard their patients' family members in the process of making medical decisions. Two ethical considerations would seem to define potential ethical problems as they pertain to family members. These are physicians' obligations or duties toward family members and physicians' obligations of confidentiality to their patients. I will discuss ways in which physicians are guided or not guided with regard to these concerns and also speculate on how they behave and what factors might influence that behavior. I will do so from both a normative and a descriptive approach.

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Barnard V. Utah State Bar And Public Access To Private Entities Which Carry Out Governmental Functions: Is This Bar A Private Club?, David B. Dellenbach Jan 1992

Barnard V. Utah State Bar And Public Access To Private Entities Which Carry Out Governmental Functions: Is This Bar A Private Club?, David B. Dellenbach

Utah Law Review

Barnard carves out a significant 'exception to the cases liberally allowing public access to state bar records. One might argue that in light of Daily GazetteY- Sadler, and Florida's recent move to an open disciplinary process," the Barnard decision represents a step backward to the era of secrecy. Barnard is not a throwback to the former era, however, because it represents a situation in which there was little public interest in access, yet a significant interest in privacy. Courts and legislatures should compel public access from state bars because they carry out governmentally-delegated functions, not merely because they hope to …

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Johnson V. Morton Thiokol And Handbook Disclaimers: Allowing Employers To Have Their Cake And Eat It Too, Todd M. Shaughnessy Jan 1992

Johnson V. Morton Thiokol And Handbook Disclaimers: Allowing Employers To Have Their Cake And Eat It Too, Todd M. Shaughnessy

Utah Law Review

Utah recently joined the growing number ofjurisdictions that recognize limitations on employers' absolute right to terminate employees. This recognition signals a departure from the traditional rule that allowed an employer to terminate an employee for "no cause, good cause, or even cause morally wrong without fear of liability." In particular, the Utah Supreme Court recognized an implied contract exception to the employment-at-will rule. According to the implied contract exception, an employer's promissory representations, including those found in employee handbooks, may be used to limit the employer's absolute discretion to terminate an employment relationship.

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Causation In Fact In Omission Cases, David A. Fischer Jan 1992

Causation In Fact In Omission Cases, David A. Fischer

Utah Law Review

Cause in fact is fundamental to imposing liability in many kinds of civil and criminal actions. The term refers to the causal link between an act or omission and resulting damage or injury. Lawyers, judges, and scholars frequently think of cause in fact as a purely factual question, unaffected by policy issues, that can be resolved adequately under normal burden of proof rules. In contrast, proximate or legal cause rules are explicitly intended to implement policy decisions concerning how far to extend the scope of liability. In routine cases the determination of cause in fact appears to be simple and …

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Reconciliation Of Civil Rights And Civil Liberties After Rav. V. City Of St. Paul: Free Speech, Antiharassment Policies, Multicultural Education, And Political Correctness At Arizona State University, Charles R. Calleros Jan 1992

Reconciliation Of Civil Rights And Civil Liberties After Rav. V. City Of St. Paul: Free Speech, Antiharassment Policies, Multicultural Education, And Political Correctness At Arizona State University, Charles R. Calleros

Utah Law Review

Much has been written in recent years about the rise in racial hostility on college campuses, about "hate speech" codes and educational measures adopted by many public universities in response to the hostilities, and about the issues of free speech and "political correctness" raised thereby. The debate is unlikely to be quieted by the United States Supreme Court's decision in R.AV. v. City of St. Paul, which raises new doubts about the constitutionality of a great many campus antiharassment policies. Some scholars have approached these issues painfully, reluctantly choosing between dearly held principles of equality and freedom of expression. In …

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Index To Volume 1992, Editorial Board Jan 1992

Index To Volume 1992, Editorial Board

Utah Law Review

No abstract provided.

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The Ferrymen Of Elysium: Nostratic Eschatology And The Homeric Phaeacians, Erwin F. Cook Jan 1992

The Ferrymen Of Elysium: Nostratic Eschatology And The Homeric Phaeacians, Erwin F. Cook

Classical Studies Faculty Research

Belief that the Homeric Phaeacians belong to the afterlife is old; but its supporters have always found themselves in the minority. Friedrich Welcker, who first argued the point in 1833, held that the Phaeacians were ferrymen of the dead, and that Scheria was set in or near Elysium. Wilamowitz accepted Welcker's identification of the Phaeacians, and maintained that Arete and Alcinous were modeled on the underworld rulers Persephone and Hades. Rehearsal of the arguments advanced by these scholars reveals that the evidence has been incompletely and on occasion incorrectly applied; however, a modified version of their theory is still viable …

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The Complexity Of Software Testing, J. Paul Myers Jr. Jan 1992

The Complexity Of Software Testing, J. Paul Myers Jr.

Computer Science Faculty Research

The futility of using a general-purpose metric to characterise 'the' complexity of a program has been argued to support the design of specific metrics for the different stages of the software life-cycle. An analysis of the module testing activity is performed, providing evidence of the absurdity of all-purpose metrics, as well as a methodical means with which to measure testing complexity. Several standard metrics are seen to serve as component measures for the intricacies of testing. The methodology is applied to compare traditional and adaptive means of testing. It is shown that previous informal arguments asserting the superiority of adaptive …

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When I Have Thumbs, Sean T. Ziebarth Jan 1992

When I Have Thumbs, Sean T. Ziebarth

Inscape

No abstract provided.

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E. Douglas Clark And Robert S. Clark, Fathers And Sons In The Book Of Mormon, Daniel Mckinlay Jan 1992

E. Douglas Clark And Robert S. Clark, Fathers And Sons In The Book Of Mormon, Daniel Mckinlay

Review of Books on the Book of Mormon 1989–2011

Review of Fathers and Sons on the Book of Mormon (1991), by E. Douglas Clark and Robert S. Clark.

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Robert Basil, Mary Beth Gehrman, And Tim Madigan, On The Barricades: Religion And Free Inquiry In Conflict, Louis Midgley Jan 1992

Robert Basil, Mary Beth Gehrman, And Tim Madigan, On The Barricades: Religion And Free Inquiry In Conflict, Louis Midgley

Review of Books on the Book of Mormon 1989–2011

Review of On the Barricades: Religion and Free Inquiry in Conflict (1989), edited by Robert Basil, Mary Beth Gehrman, and Tim Madigan.

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School Psychologists' Diagnosis Of Learning Disabilities: A Study Of Illusory Correlations, Judith Alison Gnys Jan 1992

School Psychologists' Diagnosis Of Learning Disabilities: A Study Of Illusory Correlations, Judith Alison Gnys

Open Access Dissertations

No abstract provided.

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Very Limited-View Reconstruction Of Three-Dimensional Tree-Like Structures, Iching Liu Jan 1992

Very Limited-View Reconstruction Of Three-Dimensional Tree-Like Structures, Iching Liu

Open Access Dissertations

No abstract provided.

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Family Background And Personality Factors Influencing Health-Related Attitudes And Behaviors Toward Medical Treatment, Virginia Ann Rockhill Jan 1992

Family Background And Personality Factors Influencing Health-Related Attitudes And Behaviors Toward Medical Treatment, Virginia Ann Rockhill

Open Access Dissertations

No abstract provided.

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Loss And Reclamation In "David Copperfield", Anderson Malvin Rearick Iii Jan 1992

Loss And Reclamation In "David Copperfield", Anderson Malvin Rearick Iii

Open Access Dissertations

No abstract provided.

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Development Of A Design For Service Methodology, Anantha K. Subramani Jan 1992

Development Of A Design For Service Methodology, Anantha K. Subramani

Open Access Dissertations

No abstract provided.

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Long-Term Creep Behavior Of Cohesive Marine Sediments Under Drained Conditions, Wen-Miin Tian Jan 1992

Long-Term Creep Behavior Of Cohesive Marine Sediments Under Drained Conditions, Wen-Miin Tian

Open Access Dissertations

No abstract provided.

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Bioaccumulation Of Pcb And The Effects Of Supplemented Diets In Striped Bass (Morone Saxatilis), Juei Shen Wang Jan 1992

Bioaccumulation Of Pcb And The Effects Of Supplemented Diets In Striped Bass (Morone Saxatilis), Juei Shen Wang

Open Access Dissertations

No abstract provided.

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Stormwater Modeling Of A Combined Sewer System, Rajat Roy Chaudhury Jan 1992

Stormwater Modeling Of A Combined Sewer System, Rajat Roy Chaudhury

Open Access Dissertations

No abstract provided.

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Abundance, Condition, Growth And Mortality Of Winter Flounder (Pleuronectes Americanus, Walbaum) Larvae In Narragansett Bay During Spring Of 1988, Einar Horleifsson Jan 1992

Abundance, Condition, Growth And Mortality Of Winter Flounder (Pleuronectes Americanus, Walbaum) Larvae In Narragansett Bay During Spring Of 1988, Einar Horleifsson

Open Access Dissertations

No abstract provided.

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Remote Acoustic Evaluation Of Seafloor Sediment Properties, Satchidananda Panda Jan 1992

Remote Acoustic Evaluation Of Seafloor Sediment Properties, Satchidananda Panda

Open Access Dissertations

No abstract provided.

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Justice In The Black Hawk War: The Trial Of Thomas Jose, Albert Winkler Jan 1992

Justice In The Black Hawk War: The Trial Of Thomas Jose, Albert Winkler

Faculty Publications

During Utah’s Black Hawk War 1865-1868 there were some instances of whites murdering Indians, and these people were never brought to trial. In 1866, Thomas Jose was brought to trial for killing an Indian, and he was convicted for murder. Even though his punishment was relatively mild, the justice system was made to work in defense of the Indians.

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Measurement Of Τ Decays Involving Η Mesons, M. Artuso, M. Thulasidas Jan 1992

Measurement Of Τ Decays Involving Η Mesons, M. Artuso, M. Thulasidas

Research Collection School Of Computing and Information Systems

No abstract provided.

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