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Women And The Promise Of Equal Citizenship, Jennifer S. Hendricks

Publications

Anticipating the decision in United States v. Morrison (2000), holding that the civil rights remedy of the Violence Against Women Act was not a legitimate exercise of Congress's power to enforce the Equal Protection Clause, this article argues that the Act could be upheld as an exercise of Congress's authority under the Citizenship Clause of the Fourteenth Amendment. Congress's authority under the Citizenship Clause is analogous to its authority under the "badges and incidents" doctrine of the Thirteenth Amendment, which allows Congress to provide protection from discriminatory violence. This theory would also guide interpretation of the act to focus on …

State Of Utah V. Ba Quang Tran : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Appeal from a Conviction of One Count of Murder, a First Degree Felony after a Jury Trial in the Second District Court of Weber County the Honorable Michael J. Glasmann Presiding

Carrie Johnson V. Jeffrey Don Johnson : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

AN APPEAL FROM THE SECOND DISTRICT COURT, SALT LAKE COUNTY, STATE OF UTAH, THE HONORABLE MICHAEL G. ALLPHIN, PRESIDING.

State Of Utah V. Kevin Andrew Unck : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

1. Nature of Proceeding Appeal

2. Appeal from the Second District Court- Ogden Court, Weber County. Before the Honorable Judge: Stanton M. Taylor

3. Argument priority (3) Appeals from habeas corpus petitions and other post-conviction proceedings

Joe W. Ruden, Jr. V. Betty Jo Ruden : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPEAL FROM THE SEVENTH DISTRICT COURT CARBON COUNTY, STATE OF UTAH JUDGE, DAVID K. HALLIDAY

Salt Lake City, A Municipal Corporation, Plaintiff And Appellee, Vs. Jennifer Kay Wood, Defendant And Appellant : Unknown, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

SALT LAKE CITY, A Municipal Corporation, Plaintiff and Appellee, vs. JENNIFER KAY WOOD, Defendant and Appellant

CITATION OF SUPPPLEMENTAL AUTHORITIES Case No. 981670-CA Priority No.2

Resource Use In The Trinational Sangha River Region Of Equatorial Africa: Histories, Knowledge Forms, And Institutions, Heather E. Eves, Rebecca Hardin, Stephanie Rupp

Yale School of the Environment Bulletin Series

This volume is based on an international conference, “Natural Resource Use Relations in the Trinational Sangha River Region of the Northwest Congo Basin,” held at Yale University in September 1997. In recognition of the bilingual context in which conservation occurs in the three countries of the Sangha region — Cameroon, Central African Republic, and Congo — all sessions of the conference were conducted simultaneously in French and English. This publication, which is a complete rendering of the conference papers and discussion sessions, is available in its entirety in both French and English.

Annual Survey Of Virginia Law: Technology And The Law, Diane E. Horvath, John S. Jung

University of Richmond Law Review

During its 1998 Session, the Virginia General Assembly passed forty-three bills related to technology that were signed into law. Of these, six bills were proposed by the Joint Commission on Technology and Science ("JCOTS"). This article summarizes several enacted bills and provides reference numbers for each bill discussed in the 1998 Acts of Assembly ("1998 Acts"). Given the breadth, depth, and speed of the technological revolution, the purpose of this article is to discuss succinctly the most significant 1998 legislative actions related to technology in areas of substantive law, practice, and procedure.

Understanding Compliance With International Environmental Agreements: The Baker's Dozen Myths, Edith Brown Weiss

University of Richmond Law Review

Until recently, little attention has been given to whether states and other actors comply with the agreements they negotiate. The assumption has been that most states comply with most international law most of the time. There is, however, strong reason to question this assumption. As was apparent in the Breard case, which involved implementation and compliance with the consular convention, states do not necessarily comply with the international agreements they join, particularly when they involve implementation at the provincial/state and local levels.

A Literalist Proposes Four Modest Revisions To U.C.C. Article 3, Timothy R. Zinnecker

University of Richmond Law Review

I first taught a Payment Systems class during the fall of 1994. Not having taken the course in law school, and bringing very little "real world" experience in this area of commercial law to the classroom, I approached the task of teaching the course with some degree of fear and trepidation. I had already taught Secured Transactions, so I was familiar with the challenges of teaching a statutory course to a reluctant audience scarred by horror stories of their predecessors. I also audited a Payment Systems course taught by a colleague during the summer, so I had a good start …

Third Circuit: Gender, Race, And Ethnicity- Task Force On Equal Treatment In The Courts, Dolores K. Sloviter

University of Richmond Law Review

The March 1993 vote of the Judicial Conference of the United States endorsing the provision of the proposed Violence Against Women Act that encouraged circuit judicial councils to conduct studies with respect to gender bias in their respective circuits provided an official imprimatur of approval to such inquiries by the policy making body of the federal courts. Thereafter, the extent to which each federal circuit undertook to accept the invitation to proceed may have depended in large part on the zeal for the inquiry by the chief judge of the circuit or his or her delegated committee.

State Of Utah V. Ernest Sinju : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPEAL FROM A CONVICTION FOR ARRANGING TO DISTRIBUTE A CONTROLLED SUBSTANCE (MARIJUANA) IN A DRUG FREE ZONE, A SECOND DEGREE FELONY, IN VIOLATION OF UTAH CODE ANN. § 58-37-8(l)(a)(ii) & (8)(4) (1996 & Supp. 1998), IN THE FOURTH JUDICIAL DISTRICT COURT, UTAH COUNTY, THE HONORABLE RAY M. HARDING, PRESIDING

State Of Utah V. Barrett Wynn And Larry Smith : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

BRIEF OF APPELLANTS APPEAL FROM THE FINAL JUDGMENT OF THE SIXTH CIRCUIT COURT OF KANE COUNTY, UTAH HONORABLE DAVID L. MOWER, CIRCUIT JUDGE

Edward Esquivel, Deceased, Norma Esquivel, Richard Esquivel, Angel Esquivel, Edica Esquivel, And Ofelia Herrera V. Labor Commission Of Utah, Redd Roofing And Construction Co., And Cna Insurance Company: Brief Of Respondent, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Petition for Review of an Order of the Labor Commission Appeals Board of the State of Utah The Honorable Benjamin A. Sims Administrative Law Judge

Stephen A. Regan Dba The Grocery Store Vs. Karen Blount : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPEAL FROM AN ORDER AND JUDGMENT OF THE THIRD DISTRICT COURTOF SALT LAKE COUNTY, HONORABLE SHEILA K. McCLEVE

Carrie Johnson V. Jeffrey Don Johnson : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

AN APPEAL FROM THE SECOND DISTRICT COURT SALT LAKE COUNTY, STATE OF UTAH THE HONORABLE MICHAEL G. ALLPHIN, PRESIDING

Carrie Johnson V. Jeffrey Don Johnson : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Appeal from the Judgment of the Second District Court of Davis County, State of Utah, The Honorable Michael G. Allphin District Court Judge.

Darlene Collins, As Guardian Of Vickie L. Collins, An Incompetent Person V. Utah State Developmental Center, And The Utah State Department Of Human Services And The State Of Utah : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

BRIEF OF PLAINTIFF/APPELLANT DARLENE COLLINS, as guardian of VICKIE L. COLLINS, an incompetent person

APPEAL FROM THIRD DISTRICT COURT ORDER GRANTING DEFENDANT'S MOTION FOR DIRECTED VERDICT

ORAL ARGUMENT REQUESTED

Mark Graham V. Davis County Solid Waste Management, Energy Recovery Special Service District, The District's Administrative Control Board, And Legrand Bitter : Reply Brief Of Cross-Appellants, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

On Appeal from a Judgment of the Second Judicial District Court of Davis County, State of Utah, Honorable Jon M. Memmott, District Judge

Williamson V. Williamson : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

No abstract provided.

Gerald Mccoy, Frieda Mccoy V. Blue Cross And Blue Shield Of Utah : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPEAL FROM AN ORDER OF THE THIRD JUDICIAL DISTRICT COURT, SALT LAKE COUNTY, STATE OF UTAH, THE HONORABLE PAT B. BRIAN PRESIDING

Sonni Schwinn V. Utah Labor Commission And Aetna Life And Casualty Ins. Co. Dba Human Affairs International Co. Inc. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPEAL FROM THE UTAH LABOR COMMISSION'S "FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER BENJAMIN A. SIMS, ADMINISTRATIVE LAW JUDGE LB. #961162 (Oral Argument not requested)

Utah V. Kelly Ray Deboard : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Appeal from a judgment of conviction for Attempted Possession of a Controlled Substance, a class A misdemeanor, in violation of Utah Code Ann. § 58-37-8(2) (a) (i) (Supp. 1998), in the Third Judicial District Court in and for Salt Lake County, State of Utah, the Honorable Michael L. Hutchings, Judge, presiding.

Wendalyn Smith V. Wendalyn Ence : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

BRIEF OF APPELLEE

APPEAL FROM AN AMENDED FINAL JUDGMENT OF DECREE OF DIVORCE ENTERED AFTER REMAND, IN THE SECOND JUDICIAL DISTRICT COURT, IN AND FOR WEBER COUNTY, STATE OF UTAH, THE HONORABLE MICHAEL J. GLASMANN, PRESIDING

"A Tolerable Straight Line" : Non-Linear Narrative In Tristram Shandy, Daniel L. Hocutt

Master's Theses

The non-linear narrative of Laurence Sterne's Tri st ram Shandy demands attentive readers. Written under the influence of John Locke's Essay Concerning Human Understanding, the novel satirizes Lockean "associationism" and illustrates language's inability to express ideas accurately. In the novel, words seldom convey characters' intended meanings, yet Tristram uses language effectively to narrate "self" to his readers. Rather than having his mind's workings conform to the linear nature of traditional discourse, Tristram communicates associatively to intelligent, involved readers without imposing linearity. In this study I examine scholars' work to determine Tristram 's position on Locke's ideas and use Seymour Chatman …

The Declaration Of Independence In Constitutional Interpretation: A Selective History And Analysis, Charles H. Cosgrove

University of Richmond Law Review

In 1845, antislavery constitutionalist Lysander Spooner argued that the Declaration of Independence was originally a legal constitution with a direct bearing on how one ought to interpret the status of slavery under the Constitution of 1787. In 1889, the congressional act establishing the states of North Dakota, South Dakota, Montana, and Washington required that their state constitutions "not be repugnant to the Constitution of the United States and the Declaration of Independence," as if the two documents were of a piece. In 1995, attorney Christopher Darden argued to the jury in the O.J. Simpson criminal trial that slain victims Nicole …

Leaving The Door Ajar: The Supreme Court And Assisted Suicide, Melvin I. Urofsky

University of Richmond Law Review

In June, 1997, the Supreme Court ruled that a constitutional right to assisted suicide exists in neither the Due Process nor the Equal Protection Clauses of the Fourteenth Amendment. But while a federal right does not exist, the Court made it quite clear that the states had ample leeway in which to fashion law on this issue; moreover, the concurring opinions of five Justices strongly implied that, should the states enact legislation that would severely limit end-of-life choices, the Supreme Court would revisit the issue. Far from slamming the door shut on assisted suicide, the Court left it more than …

Mlb V. Slj: "Equal Justice" For Indigent Parents, Jason T. Jacoby

University of Richmond Law Review

The United States Supreme Court recently decided that a state may not, consistent with the Due Process and Equal Protection clauses of the Fourteenth Amendment, condition appeals from trial court decrees terminating parental rights on the affected parent's ability to pay record preparation fees. In M.L.B. v. S.L.J., the Supreme Court found that, just as a state may not block an indigent petty offender's access to an appeal afforded others, Mississippi may not deny M.L.B., because of her poverty, appellate review of the sufficiency of the evidence on which the trial court found her unfit to remain a parent.

The Rise Of Environmental Law In The Asian Region, Ben Boer

University of Richmond Law Review

In the past three decades, the realm of environmental law in many Western countries, and internationally, has grown from a small baby crying for attention to a full-fledged, articulate adult, participating in a wide variety of international, regional, and national fora concerning the protection of the environment and the management of our natural resources. More recently, in many non-Western countries and especially in Asia, environmental law has begun to enter into adulthood, manifested by significant legislative initiatives, judicial activism and a resulting environmental jurisprudence, and the establishment and growth of environmental and resource management agencies.

Museletter: Winter 1998, Allen Moye

Museletter

Table of Contents:

Welcome Back!

David Keats Heads to New York

Farewell, Allen by Joyce Manna Janto, Deputy Director of the Law Library

New Food and Drink Policy

Computer Bits & Bytes

Library Hours

Take Advantage of the Signs by Sally Wambold, Technical Services Librarian

Words of Wisdom...

Editor's Farewell & Thanks