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1997

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State Of Utah V. Brenda F. Ellingsworth : Reply Brief, Utah Court Of Appeals Jan 1997

State Of Utah V. Brenda F. Ellingsworth : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

REPLY BRIEF OF APPELLANT Appeal from a judgment and conviction for Workers' Compensation Insurance Fraud, a 3rd degree felony, in violation of Utah Code Ann. § 35-1-109 (Supp. 1994), in the Third Judicial District Court, First Division, in and for Salt Lake County, State of Utah, the Honorable Stephen Henriod, Judge, presiding.


State Of Utah V. Michael James Fisk, Iii : Brief Of Appellant, Utah Court Of Appeals Jan 1997

State Of Utah V. Michael James Fisk, Iii : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

BRIEF OF DEFENDANT-APPELLANT MICHAEL JAMES FISK III

INTERLOCUTORY APPEAL FROM ORDER OF THE THIRD JUDICIAL DISTRICT COURT OF SALT LAKE COUNTY, STATE OF UTAH (HONORABLE STEPHEN I HENROID)


John Armijo. Andrea Armijo V. William Figueroa, Karen Figueroa, John Does 1-10 : Brief Of Appellant, Utah Court Of Appeals Jan 1997

John Armijo. Andrea Armijo V. William Figueroa, Karen Figueroa, John Does 1-10 : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

BRIEF OF THE APPELLANT

APPEAL OF THE FINAL ORDER AND JUDGMENT FOR EVICTION ENTERED JUNE 3, 1997 IN THE THIRD JUDICIAL DISTRICT COURT BY THE HONORABLE JUDGE PHILLIP K. PALMER, PRESIDING.


James Cassidy V. The Salt Lake County Fire Civil Service Council : Brief Of Appellant, Utah Court Of Appeals Jan 1997

James Cassidy V. The Salt Lake County Fire Civil Service Council : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

BRIEF OF APPELLANT JAMES CASSIDY APPEAL FROM THE THIRD DISTRICT COURT, SALT LAKE COUNTY HONORABLE HOMER F. WILKINSON DISTRICT JUDGE


Boyd J. Brown And Interwest Aviation Corporation V. David K. Richards & Company And David K. Richards : Brief Of Appellant, Utah Court Of Appeals Jan 1997

Boyd J. Brown And Interwest Aviation Corporation V. David K. Richards & Company And David K. Richards : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPEAL FROM THE JUDGMENT OF THE THIRD DISTRICT COURT, SALT LAKE COUNTY, DISTRICT JUDGE KENNETH RIGTRUP BY DISTRICT JUDGE STEPHEN L. HENRIOD, PRESIDING


William Anthony Kraatz V. Heritage Imports, A Utah Corpration, Dba Heritage Honda, O. Bryan Wilkinson And Jeffrey J. Wilkinson : Brief Of Appellant, Utah Court Of Appeals Jan 1997

William Anthony Kraatz V. Heritage Imports, A Utah Corpration, Dba Heritage Honda, O. Bryan Wilkinson And Jeffrey J. Wilkinson : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

No abstract provided.


Epperson V. Utah State Retirement Board : Brief Of Appellant, Utah Court Of Appeals Jan 1997

Epperson V. Utah State Retirement Board : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

LAMONT EPPERSON, Petitioner/ Appellant, Petition for Review v. : UTAH STATE RETIREMENT BOARD, Case No. 970075-CA Respondent/Appellee. Priority No. 14


Thomas S. "Steve" And Nancy C. Brown, Dennis K. Cloward, And Joseph T. Bowers V. Sandy City Board Of Adjustment And Sandy, A Political Subdivision Of Utah : Brief Of Appellant, Utah Court Of Appeals Jan 1997

Thomas S. "Steve" And Nancy C. Brown, Dennis K. Cloward, And Joseph T. Bowers V. Sandy City Board Of Adjustment And Sandy, A Political Subdivision Of Utah : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Petition for Review of Decision by the Sandy City Board of Adjustment Upheld by the Third Judicial Court, the Hon. Dennis R. Frederick Presiding


David K. Mast, Plaintiff-Appellant Vs. Brent Overson, Defendent-Appellee : Reply Brief, Utah Court Of Appeals Jan 1997

David K. Mast, Plaintiff-Appellant Vs. Brent Overson, Defendent-Appellee : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

IN THE UTAH COURT OF APPEALS —000O000— DAVID K. MAST, Plaintiff-Appellant vs. BRENT OVERSON, Defendant-Appellee. APPELLANT'S REPLY BRIEF ON APPEAL : Appellate No. 970586-CA : Priority Number 15 -oooOooo— Appeal from the Order of the Third District Court, Salt Lake County, The Honorable Judge William A. Thorne


Employment Law: Mckennon V. Nashville Banner Publishing Co. And After-Acquired Evidence--A Convincing Resolution To Employer/Employee Misconduct Or An Incomplete Assessment Of The Issue?, William D. Fisher Jan 1997

Employment Law: Mckennon V. Nashville Banner Publishing Co. And After-Acquired Evidence--A Convincing Resolution To Employer/Employee Misconduct Or An Incomplete Assessment Of The Issue?, William D. Fisher

Oklahoma Law Review

No abstract provided.


Antitrust: Systemcare, Inc. V. Wang Laboratories Corp.: Evaluating Unilateral Behavior In The Tenth Circuit, Michael R. Barnett Jan 1997

Antitrust: Systemcare, Inc. V. Wang Laboratories Corp.: Evaluating Unilateral Behavior In The Tenth Circuit, Michael R. Barnett

Oklahoma Law Review

No abstract provided.


Garbage In, Garbage Out: Court Confusion About The Dormant Commerce Clause, Stanley E. Cox Jan 1997

Garbage In, Garbage Out: Court Confusion About The Dormant Commerce Clause, Stanley E. Cox

Oklahoma Law Review

No abstract provided.


Arbitration: Shaffer V. Jeffery: The Oklahoma Supreme Court Rejects The Separability Doctrine And Takes A Step Back In The Enforcement Of Arbitration Clauses Under Oklahoma Law, John Douglas Stiner Jan 1997

Arbitration: Shaffer V. Jeffery: The Oklahoma Supreme Court Rejects The Separability Doctrine And Takes A Step Back In The Enforcement Of Arbitration Clauses Under Oklahoma Law, John Douglas Stiner

Oklahoma Law Review

No abstract provided.


Introduction: How Can Property Be Political?, Zev Trachtenberg Jan 1997

Introduction: How Can Property Be Political?, Zev Trachtenberg

Oklahoma Law Review

No abstract provided.


The Politics Of Property Rights, John D. Echeverria Jan 1997

The Politics Of Property Rights, John D. Echeverria

Oklahoma Law Review

No abstract provided.


The Public Interest In Private Property Rights, James L. Huffman Jan 1997

The Public Interest In Private Property Rights, James L. Huffman

Oklahoma Law Review

No abstract provided.


An Oklahoma Slant To Environmental Protection And The Politics Of Property Rights, Drew L. Kershen Jan 1997

An Oklahoma Slant To Environmental Protection And The Politics Of Property Rights, Drew L. Kershen

Oklahoma Law Review

No abstract provided.


What's Competence Got To Do With It: The Right Not To Be Acquitted By Reason Of Insanity, Justine A. Dunlap Jan 1997

What's Competence Got To Do With It: The Right Not To Be Acquitted By Reason Of Insanity, Justine A. Dunlap

Oklahoma Law Review

No abstract provided.


Employment Law: Report A Crime, Lose Your Job: The Oklahoma Supreme Court Reins In The Public Policy Exception In Hayes V. Eateries, Inc., M. Derek Zolner Jan 1997

Employment Law: Report A Crime, Lose Your Job: The Oklahoma Supreme Court Reins In The Public Policy Exception In Hayes V. Eateries, Inc., M. Derek Zolner

Oklahoma Law Review

No abstract provided.


Volume 50 1997 Jan 1997

Volume 50 1997

Oklahoma Law Review

No abstract provided.


The Shaping Force Of Corporate Law In The New Economic Order, Jeffrey N. Gordon Jan 1997

The Shaping Force Of Corporate Law In The New Economic Order, Jeffrey N. Gordon

University of Richmond Law Review

I am very grateful for the opportunity afforded by this Allen Chair lecture. I grew up in Richmond. During my formative years, between zero and two, my family lived in an apartment on Grace Street, and my mother would push me in the stroller around the block of Lombardy and Grace, where the T.C. Williams Law School was once located. Given all we know about psychology, it surely must be the case that the subliminal suggestion of legal studies at that crucial time accounts for my present occupation as a law professor.


The Technically Skilled Worker And The Corporation: Dagwood, Dilbert And Beyond, Nancy J. Jensen Jan 1997

The Technically Skilled Worker And The Corporation: Dagwood, Dilbert And Beyond, Nancy J. Jensen

University of Richmond Law Review

Corporate America finds itself in a sea of change. This change is the result of many factors including rapid technological developments so revolutionary that some have suggested that a third industrial revolution, the Age of Informatics, is at hand. Dynamic and profound changes in corporate organiza- tions abound as a result of the numerous leveraged buyouts of the 1980s and globalization of the world economy.


Robinson V. Shell Oil Co.: Policy-Not Ambiguity-Drives The Supreme Court's Decision To Broaden Title Vii's Retaliation Coverage, Barry T. Meek Jan 1997

Robinson V. Shell Oil Co.: Policy-Not Ambiguity-Drives The Supreme Court's Decision To Broaden Title Vii's Retaliation Coverage, Barry T. Meek

University of Richmond Law Review

Before the Supreme Court's pronouncement in Robinson v. Shell Oil Co., a majority of the circuit courts were blurring seemingly unambiguous language to expand Title VII's coverage to comport with amiable policy goals. Only policy justifications could explain the courts' willingness to cover postemployment retaliation based on language that prohibits an employer from discriminating "against his employees" and that further defines employees as those persons "employed by an employer." Clearly, the plain meaning of such language envisions that persons protected under Title VII have an existing employment relationship with the covered employer at the time of the alleged retaliatory conduct. …


Does Pretext Plus Age Equal The Sum Of The Judgement?, Susan Childers North Jan 1997

Does Pretext Plus Age Equal The Sum Of The Judgement?, Susan Childers North

University of Richmond Law Review

In deciding cases under the Age Discrimination in Employment Act (ADEA), several circuit courts of appeals have interpreted the tripartite test set forth in McDonnell Douglas v. Green to mean that a plaintiff could prevail in proving individual disparate treatment by proving a prima facie case and that the employer's proffered reasons were a pretext. The Third, Seventh and Eighth Circuits concluded that a showing that a proffered justification is pretextual is equivalent to a finding that the employer intentionally discriminated. In other words, "the plaintiff is entitled to judgment as a matter of law when, in the third stage …


The Adea In The Wake Of Seminole, Edward P. Noonan Jan 1997

The Adea In The Wake Of Seminole, Edward P. Noonan

University of Richmond Law Review

Everyone, regardless of their sex or race, has at least one thing in common, we all get older. Nonetheless, attitudes about our elders in society differ depending on the context. Sometimes the aged are considered wise; other times they are considered incompetent. In 1967, Congress attempted to combat age discrimination in the workplace with the Age Discrimination in Employment Act (ADEA or the Act). Congress found that older Americans faced "disadvantages in their efforts to retain employment" which consisted of arbitrary age limits on employment notwithstanding that person's skill and job performance. Further, Congress prohibited arbitrary age discrimination in a …


Annual Survey Of Virginia Law: Civil Practice And Procedure, David D. Hopper Jan 1997

Annual Survey Of Virginia Law: Civil Practice And Procedure, David D. Hopper

University of Richmond Law Review

Virginia courts and the General Assembly have effected several changes in civil practice and procedure during the past year. This article focuses on some significant developments and interests to the general litigation attorney.


Annual Survey Of Virginia Law: Administrative Procedure, Patricia L. Mckenney Jan 1997

Annual Survey Of Virginia Law: Administrative Procedure, Patricia L. Mckenney

University of Richmond Law Review

This article reviews recent developments in the law affecting administrative procedure in Virginia. The 1997 General Assembly made no substantive changes to the Commonwealth's fundamental law of administrative procedure, but it did make numerous amendments to agency law affecting administrative case decisions. Among the major changes to agency procedures include authorizing the Commissioner of Social Services to review local board eligibility decisions, extending the powers of health regulatory boards that govern the licensing of health professionals, and permitting the air, water and waste boards to implement mediation and voluntary dispute resolution proceedings.


Annual Survey Of Virginia Law: Property Law, Susan M. Pesner, Martin C. Conway Jan 1997

Annual Survey Of Virginia Law: Property Law, Susan M. Pesner, Martin C. Conway

University of Richmond Law Review

The year 1997 proved to be exceptional in the relatively quiet area of property law. After a number of failed attempts, bills addressing the unauthorized practice of law were finally presented to the General Assembly and passed. Effective July 1, 1997, the Commonwealth of Virginia will regulate residential real estate settlements for the first time in its 390-year history.


Annual Survey Of Virginia Law: Workers' Compensation, Daniel E. Lynch Jan 1997

Annual Survey Of Virginia Law: Workers' Compensation, Daniel E. Lynch

University of Richmond Law Review

There have been significant developments in the law of workers' compensation since 1995, when the Annual Survey of Virginia Law last included this topic. The past two years have seen many changes in Virginia workers' compensation through legislation by the General Assembly and by Virginia appellate court decisions. This article focuses on some of the most significant developments with respect to (I) occupational disease claims, (II) injury by accident claims, (III) benefits and coverage under the Workers' Compensation Act, (IV) third party claims, (V) the termination of wage benefits, and (VI) new legislation affecting workers' compensation.


Red Barn Development, L.C. A Utah Limited Liability Company Vs. Summit County A Body Corporate And Politic Of The State Of Utah: Brief Of Appellee, Utah Court Of Appeals Jan 1997

Red Barn Development, L.C. A Utah Limited Liability Company Vs. Summit County A Body Corporate And Politic Of The State Of Utah: Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

ADDENDUM TO BRIEF OF APPELLEE RED BARN DEVELOPMENT, L.C.