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John Fletcher Pendergrass V. Board Of Pardons And H. L. Haun, Curtis L. Garner, And M. R. Sibbett, As Members Of The Utah Board Of Pardons : Unknown, Utah Court Of Appeals

Utah Court of Appeals Briefs (through 1995)

No abstract provided.

Jo-Ann Kilpatrick, George L. Gonzales, Joseph C. Lee, Davaid B. Lee, Marilyn D. Lee, Sidney W. Foulger, Clayton F. Foulger, Bryant F. Foulger, Brent K. Pratt, And Mwt Corporation V. Wiley, Rein & Fielding, And Richard E. Wiley : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (through 1995)

APPEAL FROM THE ORDER OF THE THIRD JUDICIAL DISTRICT COURT, HONORABLE GLENN K. IWASAKI PRESIDING, SALT LAKE CITY, STATE OF UTAH

Twyla K. Young And Heidi Ann Hamilton V. Stephen A. Regan : Brief Of Respondent, Utah Court Of Appeals

Utah Court of Appeals Briefs (through 1995)

No abstract provided.

Twyla K. Young, And Heidi Ann Hamilton V. Stephen A. Regan : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (through 1995)

Appellant's Brief

APPEAL FROM AN ORDER OF SUPPORT DATED JANUARY 27, 1994

Bear River Mutual Insurance Company V. Mike Jacobsen And Utah Valley Community College, A Body Politic Of The State Of Utah : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (through 1995)

Appeal from an Order of Judgment of Dismissal Entered in the Third Judicial District Court in and for Salt Lake County, State of Utah, Honorable Tyrone E. Medley, presiding

Dean W. Crowther V. Bryan Mower : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (through 1995)

BRIEF OF APPELLANT On Appeal from the Third Judicial District Court in Summit County, State of Utah. The Honorable David S. Young, Judge.

Roland Holman, Andersen's Ford, Inc. V. Callister, Duncan And Nebeker, Greene, Callister, And Nebeker : Petition For Rehearing, Utah Court Of Appeals

Utah Court of Appeals Briefs (through 1995)

Petition for Rehearing

Zoll And Branch, P.C. V. Alan Asay : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (through 1995)

On appeal from the Summary Decision and Order, entered by the court on July 21, 1993, and the Order Augmenting Judgment and Releasing Cash Bond to Alan Asay, entered by the court on August 2, 1993. Both Orders were entered by the Third Judicial District Court for the State of Utah, Judge Michael R. Murphy.

Salt Lake City, Corp. V. Robert Vasquez : Brief Of Respondent, Utah Court Of Appeals

Utah Court of Appeals Briefs (through 1995)

Brief of Respondent

Woodhaven Apartments V. Bertha Washington : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (through 1995)

APPEAL FROM THE THIRD CIRCUIT COURT SALT LAKE COUNTY, WEST VALLEY DEPARTMENT HONORABLE WILLIAM A. THORNE, PRESIDING

One Piece Of The Collection Development Puzzle: Issues In Drafting Format Selection Guidelines, Jonathan A. Franklin

Librarians' Articles

New electronic formats have made collection development decisions more complex. Mr. Franklin discusses how to incorporate a library's primary goals and resource limitations into library-specific format selection guidelines, and proposes criteria to help selectors choose the appropriate format for specific resources. A format selection checklist is appended. para This paper won the student division of the American Association of Law Libraries / LexisNexis Call for Papers Award in 1994.

The Evolution Of Implied Warranties In Commercial Real Estate Leases, Paula C. Murray

University of Richmond Law Review

Landlord-tenant law has undergone a major change since it was first developed in England in the Middle Ages. During feudal times, the lease was considered a conveyance of real property. The landlord transferred possession of the property and in return the tenant paid rent. The lease covenants existed independently of each other. Thus, if the landlord breached the lease, the tenant was not relieved of his obligation to pay rent. The landlord owed no obligation to the tenant other than the assurance of quiet enjoyment of the property. The tenant bore all the risk of the physical condition of the …

America's Offshore Refugee Camps, Harold Hongju Koh

University of Richmond Law Review

America's offshore refugee camps rank among the most startling, yet invisible, features of United States foreign policy in the post-Cold War era. Since 1991, our Government has almost continuously maintained tent cities holding thousands of men, women, and children, surrounded by rolls of razor-barbed wire, amid the sweltering heat of the U.S. Naval Base at Guantanamo Bay, Cuba, and the former Panama Canal Zone. Those incarcerated in the camps have witnessed birth and death, hope and despair, and untold waves of frustration and tedium.

Judicial Construction In The Wake Of The Nation's S & (And) L Crisis: Build A Better Status And The Fdic Will Beat A Path To Your Courtroom, Alison L. Drake

Cleveland State Law Review

This note proposes that the Fifth Circuit's opinion in handling these claims provides a better rationale than the Ninth Circuit's opinion. The first factor examined is the degree of control exercised by the corporate officer(s) who had been aware of the financial woes that the outside professionals allegedly overlooked. The second factor discussed is whether the insiders' misconduct was for or against the institution. Finally, policy considerations will be evaluated to determine whether the FDIC should be accorded the special status that immunizes it from defenses which could have been asserted against the failed thrift through imputation from the thrift's …

In Brief

In Brief

Table of Contents:

• Masthead
• The Dean Reports
• Commencement 1994
• Topping Off
• Focus on Phoenix
• John Eastwood '96, Connecting with China
• Sidney Picker, Jr., More About Russia
• Hosting a Russian Visitor
• Robert D. Storey '64, Remarks to an Entering Class
• Nine New Benchers
• Tax Program Gets New Director
• 1994 Law Alumni Weekend
• Building Dedication
• Celebrating our HERitage
• Faculty Notes
• Class Notes
• 1995 Alumni Weekend
• Alumni Publications
• In Memoriam
• Continuing Legal Education
• Calendar of Events

In Brief

In Brief

Table of Contents:

• Masthead
• The Dean Reports: The Future of the Legal Profession
• Wilbur C. Leatherberry, CWRU Looks at Health Care Reform
• Maxwell J. Mehlman, The National Health Reform Conference
• Leslie Ann Stein '94, Fordham Foundation Fellow
• Candice Hoke, Constitutional Obstacles to National Health Reform
• Wilbur C. Leatherberry, Universal Coverage Includes High-Risk, Unhealthy People
• Andrew P. Morriss, Administrative Law, Economics, and Health Care Reform
• Spencer Neth, The Clinton Proposals for Medical Malpractice Litigation
• Focus on Buffalo
• Sidney Picker, Jr., The Russian Connection: The Beat Goes on
• A Visitor from Ukraine (Roulko)
• Ronald J. Coffey, St. Petersburg Paradoxes
• Arthur Rabin, '94, …

The Commercial Speech Doctrine: An Analysis Of The Consequences Of Basing First Amendment Protections On The "Public Interest", Steven M. Simpson

NYLS Law Review

No abstract provided.

Aggressive Panhandling Legislation And Free Speech Claims: Begging For Trouble, Charles Mitchell

NYLS Law Review

No abstract provided.

Coercive Conciliation: Judge Paul W. Alexander And The Movement For Therapeutic Divorce, J. Herbie Difonzo

Hofstra Law Faculty Scholarship

At mid-point in the twentieth century, the American divorce system was universally acknowledged a failure. The conception that divorce was a process through which "innocent" spouses proved marital "fault" in an adversary proceeding against their erring partners, whereupon the state "punished" the "guilty" spouses by issuing a divorce decree, existed only in the insular mind of appellate opinions. Prior to the California divorce revolution of 1969, many American jurisdictions had passed incompatibility statutes and living apart laws in an effort to slow the mounting divorce rate by substituting neutral factors for the traditional requirement of proving fault. Incompatibility statutes were …

The Case For State Pollution Taxes, Richard L. Ottinger

Elisabeth Haub School of Law Faculty Publications

Pollution taxes are a sound environmental instrument. The principal means of controlling pollution in the United States is by command and control regulation, setting standards or limits on emissions and requiring particular pollution control technologies. Command and control regulation of pollution, while necessary to assure pollution reductions, has its limits. While much more certain of reducing pollution than pollution taxes would be, controls tend to be set only at levels that are politically acceptable. Seldom are the full social costs of pollution eliminated in pollution control standards, except where particularly noxious products are banned outright, such as the prohibitions against …

Audience Discussion

Hofstra Law Review

No abstract provided.

Culture Clash In The Quality Of Life In The Law: Changes In The Economics, Diversification And Organization Of Lawyering, Carrie Menkel-Meadow

Georgetown Law Faculty Publications and Other Works

There is no question that law practice has changed in recent decades. More lawyers work in larger units or newer forms of practice. Increasing numbers of lawyers come from previously excluded groups, including both women and minority demographic groups. After a period of economic boom there is general economic anxiety about the continued health and growth of the law "industry." This occurs as there is a general "speed up" in American work, the forms of law practice organization and billing for legal work are being renegotiated, and rates of dissatisfaction with the practice of law increase, especially among younger and …

The Word On Trial, Robin West

Georgetown Law Faculty Publications and Other Works

Milner Ball's extraordinary book, The Word and the Law, begins with a narrative account of "seven practices in law." The seven practitioners Ball brings to life for the reader share two powerful traits: they all, in quite different ways, use law to lessen the multiple sufferings of various communities of poor people, and they all, by doing so, strengthen the communities within which and for which they labor. The reader gains from these accounts not only a sympathetic understanding of the lives of seven lawyers, but a renewed sense of the possibilities their practices present. This can be put any …

Derrick Wyatt & Alan Dashwood, European Community Law, Laurence W. Gormley

Fordham International Law Journal

Despite the fact that the book's coverage of institutional and administrative EC law is not detailed enough to qualify it as the sole textbook for a general course, Wyatt & Dashwood must continue to form a standard part of any comprehensive reading list in undergraduate and postgraduate courses. However, recourse to Hartley, at least on the recommended list, will still be necessary. Despite this, Wyatt & Dashwood remains an excellent and practical selection for a substantive law course. Yet, Weatherill & Beaumont is more modern in its approach. Their wine has a different bouquet and taste, regarding both its discussion …

Canadian Lawyer Mobility And Law Society Conflict Of Interest, Alexander J. Black

Fordham International Law Journal

This Article discusses inter-jurisdictional mobility of lawyers in Canada, comparing Canadian practice to European Community ("Community" or "EC") reforms and U.S. practice. Ironically, the Community eschews using the label "federal" because the process of European unification is ongoing, yet the new regime for the transfer of lawyers between EC Member States is freer and less fettered than the transfer regimes in Canada. In the United States, the mobility of lawyers is dependent upon reciprocal agreements between state bar associations whereby qualification in one state bar permits direct entry to practice in other states. Hence, this Article compares the rules affecting …

Back From The Brink: Part Ii, Joel M. Gora

Touro Law Review

No abstract provided.

The National Probate Court Standards: The Role Of The Courts In Guardianship And Conservatorship Proceedings, Paula Hannaford-Agor, Thomas L. Hafemeister

Faculty Publications

In this article, Ms. Hannaford and Professor Hafemeister confront the issue of who will ensure that the needs of the growing elderly population are met. The authors provide a history and overview of guardianship proceedings and also provide, for the first time, a quantitative description of guardianship usage in the United States. The authors assert that guardianships and conservatorships remain effective ways to pro­tect the rights of the incompetent elderly person. Although these remedies create a legal right in the guardian to manage the financial and medical welfare of the elderly client, the authors argue that a lack of procedural …

International Human Rights, The Environment, And Indigenous Peoples, Robert K. Hitchcock

Colorado Environmental Law Journal

No abstract provided.

Book Review [Fatal Subtraction: The Inside Story Of Buchwald V. Paramount], Santa Clara Law Review

Santa Clara Law Review

No abstract provided.

The Sanist Lives Of Jurors In Death Penalty Cases: The Puzzling Role Of Mitigating Mental Disability Evidence, Michael L. Perlin

Articles & Chapters

No abstract provided.