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1992

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Limits Of First Amendment Rights, Troy Salisbury Jan 1992

Limits Of First Amendment Rights, Troy Salisbury

Brigham Young University Prelaw Review

Under the First Amendment of the Constitution such rights as the freedom of speech and assembly and other basic rights are set forth. People often feel that unpopular groups such as flag-burners or skinheads should have their First Amendment rights limited. Often individuals find it hard to tolerate the radical opinions of these groups. Nevertheless, their rights can only be restricted if, in the course of their actions, they directly infringe upon the rights of others. This point can be better illustrated by discussing a hypothetical situation in which a group's rights would have to be limited.

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Kidwatching Going Beyond The Language Of The Test, Abha Gupta Jan 1992

Kidwatching Going Beyond The Language Of The Test, Abha Gupta

Teaching & Learning Faculty Publications

A study examined the linguistic forms in the discourse of speakers during a language test to indicate why they use certain specific forms over others. Ten children were given the Grammatical Analysis of Elicited Language--Simple Sentence Level Test (GAEL), a language proficiency test for hearing-impaired children in the age group of 4 to 8 years. Three students were videotaped during administration of the test, and the other students' final responses (omitting the intermediate discourse) were recorded. Some of the test items on which the maximum number of children deviated from the target response were analyzed for common traits and classified …

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Role Of Imitation In Language Assessment Tests, Abha Gupta Jan 1992

Role Of Imitation In Language Assessment Tests, Abha Gupta

Teaching & Learning Faculty Publications

A study investigated whether imitation plays a significant role in the acquisition of grammar. Three 6- to 8-year-old hearing-impaired children were administered the Grammatical Analysis of Elicited Language--Simple Sentence Level Test (GAEL), which is designed to evaluate hearing-impaired children's use of grammatical aspects of spoken and/or signed English. Subjects' verbal responses to the "imitated" component (in which subjects were asked to say just what the tester said) of the GAEL were transcribed and analyzed. Results indicated that imitated speech is neither longer nor grammatically more advanced than non-imitated, spontaneous speech. Findings suggest that the children produced "unique" language structures to …

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Economic Analysis, Insider Trading, And Game Markets, Boyd Kimball Dyer Jan 1992

Economic Analysis, Insider Trading, And Game Markets, Boyd Kimball Dyer

Utah Law Review

The analysis of the stock market developed in this Article agrees with the view that trading in the stock market by public investors is a zero sum game in which no one investor gains without a corresponding loss to another. It also agrees that in this zero sum game, an inside trader "plays with percentage dice." Since the prohibition against insider trading can only limit and not eliminate insider trading, the obvious question is "why would investors consent to play in a crooked game?" This Article breaks new ground by answering this question. To describe the stock market as a …

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Biased Evidence Rules: A Framework For Judicial Analysis And Reform, Randolph N. Jonakait Jan 1992

Biased Evidence Rules: A Framework For Judicial Analysis And Reform, Randolph N. Jonakait

Utah Law Review

Biased evidence rules, those that permit one party to use a kind or class of evidence while prohibiting the other from using it, give adversaries unequal weapons. Truth seems less likely to emerge from an adversarial testing when participants do not have the same devices to demonstrate strengths and weaknesses in the competing claims. Since a good evidence law should aid the determination of truth, neutral evidence rules should be required. In reality, however, all evidence principles are not impartial between the parties. The Federal Rules of Evidence sometimes grant evidentiary mechanisms to just one class of parties. Although principles …

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A Step Backwards In Products Liability Law- The Utah Supreme Court And Comment, Adam F. Trupp Jan 1992

A Step Backwards In Products Liability Law- The Utah Supreme Court And Comment, Adam F. Trupp

Utah Law Review

Recently, in Grundberg v. Upjohn Co.1 the Utah Supreme Court adopted a broad formulation of comment k to section 402A of the Restatement (Second) of Torts ("comment k").2 In so doing, the court placed Utah in the small group of jurisdictions providing immunity from strict liability design defect claims to all prescription drugs approved by the Food and Drug Administration. By precluding a cause of action in strict liability for injuries arising from dangerously designed drugs, the Grundberg decision unduly restricts the scope of strict products liability claims. The purpose of this Comment is to provide a tour through the …

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Court Rulemaking In Utah Following The 1985 Revision Of The Utah Constitution, Kent R. Hart Jan 1992

Court Rulemaking In Utah Following The 1985 Revision Of The Utah Constitution, Kent R. Hart

Utah Law Review

In 1985, Utah revised its constitution to grant the Utah Supreme Court power to make rules of procedure and evidence for the courts of the State. The new article eight, section four of the Utah Constitution ("Section Four") provides in part: "The Supreme Court shall adopt rules of procedure and evidence to be used in the courts of the state and shall by rule manage the appellate process" Prior to 1985 and the adoption of Section Four, the legislature possessed authority to adopt rules of procedure and evidence, but delegated that aiithority to the supreme court. Section Four establishes the …

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Recent Developments In Utah Law, Utah Law Review Staff Jan 1992

Recent Developments In Utah Law, Utah Law Review Staff

Utah Law Review

The Recent Developments in Utah Law section consists of brief expositions of selected noteworthy cases decided recently by the Utah Supreme Court and the Utah Court of Appeals, and selected statutes enacted by the 1991 Utah Legislature. Each Development is essentially self-contained.

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Desuetude, Due Process, And The Scarlet Letter Revisited, Cory R. Chivers Jan 1992

Desuetude, Due Process, And The Scarlet Letter Revisited, Cory R. Chivers

Utah Law Review

American courts do not often mention the obscure civil law doctrine known as the doctrine of desuetude.' Under its tenets, courts may abrogate statutes that have fallen into disuse. American courts do not employ the doctrine, however. The "American Rule" is that disuse, or desuetude, does not give courts the power to nullify or disregard a statute. One simple explanation for the American Rule is that courts normally do not abrogate legislative enactments without a constitutional violation, and courts have not viewed desuetude as a constitutional issue. However, as Professor Bickel observed exactly three decades ago, the doctrine of desuetude …

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Rights Of Privacy-An Analytical Model For The Negative Rights Of Attribution, R. David Grant Jan 1992

Rights Of Privacy-An Analytical Model For The Negative Rights Of Attribution, R. David Grant

Utah Law Review

The negative rights of attribution intended for artists by the provisions of the Berne Convention are: (1) the right of an artist to prevent continued attribution of a work of art that has been modified to the detriment of the artist's reputation; (2) the right of an artist to prevent attribution of a work of art not created by the artist; and (3) the right of the artist to remain anonymous or to use a pseudonym in connection with a work of art created by the artist. The right of an artist to prevent continued attribution of a work of …

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Wilson V. Seiter. An Unsatisfying Attempt At Resolving The Imbroglio Of Eighth Amendment Prisoners' Rights Standards, Arthur B. Berger Jan 1992

Wilson V. Seiter. An Unsatisfying Attempt At Resolving The Imbroglio Of Eighth Amendment Prisoners' Rights Standards, Arthur B. Berger

Utah Law Review

The Cruel and Unusual Punishments Clause of the Eighth Amendment to the United States Constitution is of murky philosophical genesis, has been the subject of discordant interpretation, and has an uncertain fate. Like several other provisions of the Constitution, such as the due process guarantees of the Fifth and Fourteenth Amendments, the meaning of the Cruel and Unusual Punishments Clause, as well as the standards by which alleged violations are judged, has evolved over time. Yet, notwithstanding its enigmatic nature and praxis, the clause has been an historically important source of rights for those resident in our nation's prisons.

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Florida V. Bostick: The Fourth Amendment-Another Casualty Of The War On Drugs, Christian J. Rowley Jan 1992

Florida V. Bostick: The Fourth Amendment-Another Casualty Of The War On Drugs, Christian J. Rowley

Utah Law Review

"Our Nation, we are told, is engaged in a 'war on drugs.'" Unfortunately, the war on drugs has prompted many police departments, government agencies, and members of the public to promote extremely oppressive anti-drug tactics. Some of the individuals immersed in the "drug war" implicitly justify these new, constitutionally marginal police measures as necessary in light of the seriousness of the national drug problem. The current United States Supreme Court has apparently reached a similar conclusion.

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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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