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2000

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Annual Survey Of Virginia Law: Corporate And Business Law, Peter E. Broadbent Jr., John E. Russell Jan 2000

Annual Survey Of Virginia Law: Corporate And Business Law, Peter E. Broadbent Jr., John E. Russell

University of Richmond Law Review

Virginia corporate and business law changes in the last year continue to challenge the practitioner to stay abreast of such developments in order to provide accurate advice to clients. This article summarizes the developments in the law in Virginia occurring from June 1999 through May 2000, with the legislative changes described based on Virginia General Assembly action in the 2000 session. Part II examines those legislative changes in corporate and business law (excluding public service corporation/public utility law issues). While many of the legislative changes are not significant, three new uniform laws (revised Article 9 of the Uniform Commercial Code …

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Annual Survey Of Virginia Law: Labor And Employment Law, Thomas M. Winn Iii Jan 2000

Annual Survey Of Virginia Law: Labor And Employment Law, Thomas M. Winn Iii

University of Richmond Law Review

This article discusses four principal areas of employment and labor law in which there was significant activity in Virginia's courts and/or the legislature over the past year: (1) public policy wrongful discharge; (2) negligent hiring, retention, and supervision; (3) employment references; and (4) covenants not to compete and the employee's fiduciary duties owed to the employer. Beyond the scope of this article are decisions rendered in other areas of law affecting the employment relationship, including workers' compensation, unemployment, wage payment, and public sector employment.

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Annual Survey Of Virginia Law: Taxation Law, Craig D. Bell Jan 2000

Annual Survey Of Virginia Law: Taxation Law, Craig D. Bell

University of Richmond Law Review

This article reviews significant, recent developments in the law affecting Virginia taxation. Each section covers recent judicial decisions and legislative changes over the past two years. The overall purpose of this article is to provide Virginia tax and general practitioners with a concise overview of the recent developments in Virginia taxation most likely to have an impact on Virginia practitioners. This article, however, will not discuss many of the numerous technical legislative changes to the State Taxation Code of Title 58.1.

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Our Imperial First Amendment, Paul D. Carrington Jan 2000

Our Imperial First Amendment, Paul D. Carrington

University of Richmond Law Review

I come to the First Amendment not as a member of the cogno- scenti, but as an observer of the secondary effects on judicial institutions of some interpretations of the Amendment made over the last thirty-five years or so. I deplore those specific effects and I will be direct in saying so. But in considering them, I have been struck by the extent of the federal courts' progress in subordinating to their own governance a wide range of other issues of great concern to citizens, all in the name of the First Amendment, a text intended to foster democratic institutions.

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State Of Utah V. Todd Michael Medsker : Brief Of Appellant, Utah Court Of Appeals Jan 2000

State Of Utah V. Todd Michael Medsker : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Appeal from a Plea of Guilty to One Count of Possession of a Controlled Substance, a Third Degree Felony taken by Judge Michael D. Lyon in the Second District Court of Morgan County.

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Linda Lou Coleman V. Kenneth Douglas Coleman : Reply Brief, Utah Court Of Appeals Jan 2000

Linda Lou Coleman V. Kenneth Douglas Coleman : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Appeal from the judgment and Amended Decree of Divorce entered in the Fourth Judicial District Court of Utah County, State of Utah, on or about August 30, 2000, the Honorable Gary D. Stott, District Court Judge presiding.

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The State Of Utah V. Jimmy Lloyd Cravens : Brief Of Appellant, Utah Court Of Appeals Jan 2000

The State Of Utah V. Jimmy Lloyd Cravens : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Appeal from a judgment of conviction for Threatening With Or Using Dangerous Weapon In Fight Or Quarrel, a Class A Misdemeanor, Utah Code Ann. § 76-10-506 (1992) and Threat Against Life Or Property , a Class B Misdemeanor Utah Code Ann. § 76-5-107 (1988),in the Third Judicial District Court in and for Salt Lake County, State of Utah, the Honorable Robin W. Reese presiding.

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The State Of Utah V. Leslie Gene Loya : Brief Of Appellant, Utah Court Of Appeals Jan 2000

The State Of Utah V. Leslie Gene Loya : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Appeal from a judgment of conviction for Possession of a Forgery Writing'Device, a third degree felony, in violation of Utah Code Ann. § 76-6-502 (1999). in the Third Judicial District Court in and for Salt Lake Counts'. State of Utah, the Honorable J. Dennis Frederick, Judge, presiding.

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Mark Graham V. Utah Air Quality Board : Reply Brief, Utah Court Of Appeals Jan 2000

Mark Graham V. Utah Air Quality Board : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

AN APPEAL FROM A FINAL ORDER OF THE UTAH AIR QUALITY BOARD (Case Below No. 9903004)

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Utah V. Jose Mario Jiminez : Brief Of Appellee, Utah Court Of Appeals Jan 2000

Utah V. Jose Mario Jiminez : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPEAL FROM CONVICTIONS FOR MANSLAUGHTER, A SECOND DEGREE FELONY, IN VIOLATION OF UTAH CODE ANN. § 76-5-205 (1996), AND TWO COUNTS OF ATTEMPTED MANSLAUGHTER, THIRD DEGREE FELONIES, IN VIOLATION OF UTAH CODE ANN. §§ 76-5-205 AND 76-4-101 (1996), IN THE THIRD JUDICIAL DISTRICT COURT IN AND FOR SALT LAKE COUNTY, STATE OF UTAH, THE HONORABLE ROBIN W. REESE, JUDGE, PRESIDING.

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Utah V. Jose Mario Jimenez : Brief Of Appellant, Utah Court Of Appeals Jan 2000

Utah V. Jose Mario Jimenez : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Appeal from a judgment of conviction for manslaughter with a firearm enhancement, a second degree felony offense in violation of Utah Code Ann. § 76-5-205 (1995), and two counts of attempted manslaughter with firearm enhancements, both third degree felony offenses in violation of Utah Code Ann. §§ 76-5-205 and 76-4-101 (1995), in the Third Judicial District Court in and for Salt Lake County, State of Utah, the Honorable Robin W. Reese, Judge, presiding.

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Brixen & Christopher Architects, P.C. A Utah Professional Corporation V. State Of Utah : Brief Of Appellant, Utah Court Of Appeals Jan 2000

Brixen & Christopher Architects, P.C. A Utah Professional Corporation V. State Of Utah : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

STATE'S APPEAL FROM A DECISION GRANTING A PETITION TO QUASH ANTITRUST CIVIL INVESTIGATIVE DEMAND IN THE THIRD DISTRICT COURT, SALT LAKE COUNTY, THE HONORABLE LESLIE A. LEWIS PRESIDING

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Eugene Francisconi V. Union Pacific Railroad Co. : Petition For Rehearing, Utah Court Of Appeals Jan 2000

Eugene Francisconi V. Union Pacific Railroad Co. : Petition For Rehearing, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Appeal from a Final Judgment of the Third Judicial District Court, in and for Salt Lake County, Judge Stephen L. Henriod.

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State Of Utah V. John Legg, Jr. : Brief Of Appellee, Utah Court Of Appeals Jan 2000

State Of Utah V. John Legg, Jr. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPEAL FROM A SENTENCE ENTERED ON A GUILTY PLEA TO ATTEMPTED RECEIVING OR TRANSFERRING A STOLEN VEHICLE, A THIRD DEGREE FELONY, IN VIOLATION OF UTAH CODE ANN. §§ 41-la-1316(2) (1999), 76-4-101 (1999), AND 76-4-102(3) (1999); BURGLARY OF A BUILDING, A THIRD DEGREE FELONY, IN VIOLATION OF UTAH CODE ANN. § 76-6-202 (1999); AND AGGRAVATED ASSAULT, A THIRD DEGREE FELONY, IN VIOLATION OF UTAH CODE ANN § 76-5-103 (1999), IN THE THIRD JUDICIAL DISTRICT COURT OF SALT LAKE COUNTY, STATE OF UTAH, THE HONORABLE J. DENNIS FREDERICK, PRESIDING

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Cory Dunn V. Valerie Dunn : Brief Of Appellant, Utah Court Of Appeals Jan 2000

Cory Dunn V. Valerie Dunn : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPEAL FROM THE SECOND JUDICIAL DISTRICT COURT IN AND FOR WEBER COUNTY STATE OF UTAH HONORABLE PARLEY R. BALDWIN PRESIDING

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Utah Department Of Environmental Quality, Division Of Drinking Water And Kevin Brown : Brief Of Appellant, Utah Court Of Appeals Jan 2000

Utah Department Of Environmental Quality, Division Of Drinking Water And Kevin Brown : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPEAL FROM A JUDGMENT AND ORDER DENYING TRIAL DE NOVO OF THE THIRD DISTRICT COURT OF TOOELE COUNTY THE HONORABLE DAVID S. YOUNG

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Utah Department Of Environmental Quality, Division Of Drinking Water, Kevin Brown V. Golden Gardens Water Company : Brief Of Appellee, Utah Court Of Appeals Jan 2000

Utah Department Of Environmental Quality, Division Of Drinking Water, Kevin Brown V. Golden Gardens Water Company : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Appeal from a Judgment and Order of The Third District Court of Tooele County The Honorable David S. Young

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State Of Utah V. Charles Wallace : Brief Of Appellee, Utah Court Of Appeals Jan 2000

State Of Utah V. Charles Wallace : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

AN APPEAL FROM CONVICTIONS FOR ATTEMPTED TAMPERING WITH EVIDENCE, A THIRD DEGREE FELONY, IN VIOLATION OF UTAH CODE ANN. § 76-8-510 (1995), ASSAULT AGAINST A POLICE OFFICER, A CLASS A MISDEMEANOR, IN VIOLATION OF UTAH CODE ANN. § 76-5-102.4 (1995), DRIVING WITH ANY MEASURABLE CONTROLLED SUBSTANCE IN THE BODY, A CLASS B MISDEMEANOR, IN VIOLATION OF UTAH CODE ANN. § 41-6-44.6 (1998), AND OTHER MISDEMEANORS AND INFRACTIONS, IN THE EIGHTH JUDICIAL DISTRICT COURT OF UTAH, DAGGETT COUNTY, THE HONORABLE A. LYNN PAYNE PRESIDING

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Dan Henry Tijerina, Sr. V. Utah State Board Of Pardons; Paul Sheffield; Gerals Cook; And Various John Does : Brief Of Appellee, Utah Court Of Appeals Jan 2000

Dan Henry Tijerina, Sr. V. Utah State Board Of Pardons; Paul Sheffield; Gerals Cook; And Various John Does : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

On Appeal from the Judgment of the Third Judicial District Court in and for Salt Lake County, State of Utah Honorable J. Dennis Frederick District Court Judge

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Gary And Kathleen Mcfadden V. Russell J. Diefenderfer And Paula Diefenderfer: Brief Of Appellee, Utah Court Of Appeals Jan 2000

Gary And Kathleen Mcfadden V. Russell J. Diefenderfer And Paula Diefenderfer: Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPEAL FROM FINAL ORDER OF THE THIRD DISTRICT COURT FROM THE HONORABLE GLENN K. IWASAKI

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State Of Utah V. Angela Rasmussen : Brief Of Appellee, Utah Court Of Appeals Jan 2000

State Of Utah V. Angela Rasmussen : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPEAL FROM A CONVICTION FOR ROBBERY, A SECOND DEGREE FELONY, IN VIOLATION OF UTAH CODE ANN. § 76-6-301 (1999), IN THE THIRD JUDICIAL DISTRICT COURT IN AND FOR SALT LAKE COUNTY, STATE OF UTAH, THE HONORABLE J. DENNIS FREDERICK, PRESIDING

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The State Of Utah V. Jon Donald Hamling : Brief Of Appellant, Utah Court Of Appeals Jan 2000

The State Of Utah V. Jon Donald Hamling : 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) (1998) and Utah Code Ann. § 76-4-101 (1999), in the Third Judicial District Court in and for Salt Lake County, State of Utah, the Honorable J. Dennis Frederick, Judge, presiding.

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State Of Utah V. Jack V. Wilkinson : Brief Of Appellee, Utah Court Of Appeals Jan 2000

State Of Utah V. Jack V. Wilkinson : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

AN APPEAL FROM A JUDGMENT OF CONVICTION FOR POSSESSION OR USE OF METHAMPHETAMINE, A THIRD DEGREE FELONY, IN VIOLATION OF UTAH CODE ANN. 58-37-8(2)(A)(I)(1998), POSSESSION OR USE OF MARIJUANA, A CLASS B MISDEMEANOR, IN VIOLATION OF UTAH CODE ANN. 58-37-8(2)(A)(I)(1998), AND UNLAWFUL POSSESSION OF DRUG PARAPHERNALIA, A CLASS B MISDEMEANOR, IN VIOLATION OF UTAH CODE ANN. 58-37A-5(A)(1998), IN THE FOURTH JUDICIAL DISTRICT COURT OF UTAH, UTAH COUNTY, THE HONORABLE RAY M. HARDING, SR. PRESIDING.

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Kathyrn Collard V. Nagle Construction, Gary M. Nagle And Marilyn F. Nagle : Brief Of Appellant, Utah Court Of Appeals Jan 2000

Kathyrn Collard V. Nagle Construction, Gary M. Nagle And Marilyn F. Nagle : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Appeal from the judgment of the Third Judicial District Court of Salt Lake County, Honorable William B. Bohling

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Golden Eagle Oil Refinery, Inc. V. Woods Cross City : Reply Brief, Utah Court Of Appeals Jan 2000

Golden Eagle Oil Refinery, Inc. V. Woods Cross City : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Appeal from a Final Order of the Second Judicial District Court, in and for Davis County, Judge Jon M. Memmott

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Cynthia Driver V. Utah Department Of Health : Brief Of Appellee, Utah Court Of Appeals Jan 2000

Cynthia Driver V. Utah Department Of Health : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

BRIEF OF APPELLEE Appeal from Final Agency Order of October 4,2000, by which the Director of the Division of Health Care Financing, Utah Department of Health, adopted the Recommended Decision of the hearing officer to deny coverage under the Utah Medical Assistance Program.

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Cynthia Driver V. Utah Department Of Health, Division Of Health Care Financing : Brief Of Appellant, Utah Court Of Appeals Jan 2000

Cynthia Driver V. Utah Department Of Health, Division Of Health Care Financing : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

This is a petition for review of a final agency order issued by the Utah Department of Health, Division of HEALTH CARE Financing on October 4, 2000, finding Petitioner ineligible for coverage of medical bills under the Utah Medical Assistance Program.

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Salt Lake City V. Jonathan Lamar Archibald : Brief Of Appellee, Utah Court Of Appeals Jan 2000

Salt Lake City V. Jonathan Lamar Archibald : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Appeal from a conviction and judgment of the charge of Concealing Identity, a Class C Misdemeanor, in violation of Salt Lake City Code Section 11.04.100 (1996), in the Third District Court, Salt Lake Department, State of Utah, the Honorable Robin W. Reese, Judge, presiding.

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The State Of Utah V. Joyce Powell : Brief Of Appellee, Utah Court Of Appeals Jan 2000

The State Of Utah V. Joyce Powell : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPEAL FROM A CONVICTION FOR POSSESSION OF A CLANDESTINE LABORATORY IN A DRUG-FREE ZONE, A FIRST DEGREE FELONY, IN VIOLATION OF UTAH CODE ANN. § 58-37d-5 (Supp. 2001); IN THE FOURTH JUDICIAL DISTRICT COURT OF UTAH COUNTY, STATE OF UTAH, THE HONORABLE RAY M. HARDING, SR. PRESIDING

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Kathe C. Homer V. Stephen G. Homer : Brief Of Appellee, Utah Court Of Appeals Jan 2000

Kathe C. Homer V. Stephen G. Homer : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPELLANT'S APPEAL FROM THE ORDER DISMISSING PETITION TO MODIFY DECREE OF DIVORCE FOURTH JUDICIAL DISTRICT, UTAH COUNTY, UTAH, THE HONORABLE RAY HARDING, JR., PRESIDING

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