Digital Commons Network^™

Ricky Lee Sanders V. Michael O. Leavitt : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

APPEAL FROM AN ORDER OF THE THIRD DISTRICT COURT, JUDGE HOMER F. WILKINSON

State Of Utah V. Jordan Vance Calliham : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

This is a direct appeal from a conviction for murder, a first degree felony, in violation of Utah Code Ann. § 76-5-203 (1996), in the Seventh Judicial District Court for San Juan County, the Honorable Lyie R. Anderson presiding.

Trillium Usa, Inc., Plaintiff And Appellant Vs. Board Of County Commissioners Of Broward County, Florida, Defendant And Appellee : Reply Brief Of The Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

APPEAL FROM THE RULING OF THE THIRD JUDICIAL DISTRICT COURT, SALT LAKE COUNTY, UTAH HONORABLE DAVID S. YOUNG

Trillium Usa V. Broward County : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from the Ruling of the Third Judicial District Court, Salt Lake County, Utah, Honorable David S. Young

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

Utah Supreme Court Briefs (2000–2020)

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

Kenneth Alan Banks; Susan Banks Baker; And Bransford Michael Banks V. Means : Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

APPEAL FROM THE FINAL JUDGMENT OF THE THIRD JUDICIAL DISTRICT COURT FOR SALT LAKE COUNTY HONORABLE FRANK G. NOEL, PRESIDING

Paul Houghton, Billie Henderson, Individually And Each As Representative Of A Class, Damien Henderson, Wayne Rubens, Ron Roes, And Susan Roes, Who Are Members Of These Classes, Similarly Situated V. Department Of Health, The Office Of Recovery Services, The Department Of Human Services, And The State Of Utah (The "State Defendants"), And Rod Betit, Director Of The Department Of Health And Director Of The Department Of Human Services; Emma Chacone, Executive Director Of The Office Of Recovery Services, John Does 1-50 And Jane Does 1-50 (The "Individual Defendants") : Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

BRIEF OF APPELLEES

Appeal from a Decision of the Third Judicial District Court, The Honorable Ronald Nehring

Leslie Alder & Jackie Jones V. Miles, Inc., Agfa Corporation, And Bayer Corporation : Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

APPEAL FROM THE THIRD JUDICIAL DISTRICT COURT OF SALT LAKE COUNTY, STATE OF UTAH, THE HONORABLE STEPHEN L. HENROID, DISTRICT JUDGE

Regal Insurance Company, A Division Of Windsor Group, Inc. V. Laurie Bott, Evan Bott, And The Estate Of Jesse Bott : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

APPEAL FROM JUDGMENT OF THIRD DISTRICT COURT IN AND FOR SALT LAKE COUNTY, JUDGE TIMOTHY R HANSON

Dorothy W. Brown, Widow Of Emmett L. Brown, Deceased V. Industrial Commission Of Utah, State Of Utah And State Insurance Fund : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from Supplemental Findings of Fact, Conclusions of Law and Order dated August 15, 1975, entered by the Industrial Commission of Utah, Richard G. Sumsion, Hearing Examiner.

E. A. Walton V. Tracy Loan And Trust Company, A Corporation; Salt Lake City, A Municipal Corporation Of Utah, George T. Hansen, J. A. Rockwood, W. E. Fife, Royal W. Daynes, And T. A. Schoenfeld, As Members Of The Board Of Adjustment, Salt Lake City : Brief Of Respondent, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from the District Court of the Third Judicial District, in and for Salt Lake County Hon. O. W. McConkie, Judge.

Lloyd A. Fry Company V. : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from the Decision and Orders of the Utah Air Conservation Committee, Utah State Division of Health

Lloyd A. Fry Company V. : Brief Of Respondent, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from the Decision and Orders of the Utah Air Conservation Committee, Utah State Division of Health

Robert D. Klein V. Mary Avalon Klein : Brief Of Respondent, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

APPEAL FROM THE JUDGMENT AND ORDER OF THE THIRD JUDICIAL DISTRICT COURT IN AND FOR SALT LAKE COUNTY HONORABLE G. HAL TAYLOR, DISTRICT JUDGE

Patterns Of Talk: A Micro-Landscape Perspective, Jerry Gale

The Qualitative Report

This paper provides a introduction to conversation analysis. CA is traced from its roots to ethnomethodology, and five features of talk are examined (turn taking procedures, adjacency pairs, presequences, formulations, and accounts). Clinical examples are provided. The relevance of CA to clinicians, researchers and supervisors is also discussed.

Exploration Of The Efficacy Of Class-Based Approaches To Racial Justice: The Cuban Context, An Latcrit Iv Symposium - Rotating Centers, Epanding Frontiers: Theory And Marginal Intersections- Forging Our Identity: Transformative Resistance In The Areas Of Work, Class, And The Law, Tanya K. Hernandez

Faculty Scholarship

The growing discord over the continuing use of race-conscious social justice programs in the United States has given rise to the consideration of replacing them with color-blind class-based affirmative action programs. Although there are a number of theoretical investigations into the proposal for class-based affirmative action, the discourse is short on practical assessments. This Article amplifies the class-based affirmative action debate by drawing lessons from Socialist Cuba's socioeconomic redistribution measures. Inasmuch as Socialist Cuba attempts to diminish racial disparities with the use of colorblind socioeconomic redistribution programs one can classify their strategy as a class-focused rather than a race-focused attack …

The Double Edged Sword Of Depersonalization: An Examination Of Depersonalization's Role In The Police Profession, Michael J. O'Connor

Dissertations and Theses @ UNI

The role of depersonalization is the central focus of this study. A major issue in examining the role of depersonalization is whether the present concept of burnout is an appropriate indicator of bumout for police officers. The commonly accepted conception of burnout is a process of emotional exhaustion that leads to depersonalization, followed by a reduction in work accomplishment. Depersonalization, by this conception, is a symptom of burnout. By definition,depersonalization is the psychological distancing of emotional and psychological trauma in stressful situations—a coping technique.

For police officers, depersonalization acts as a shield of emotional armor to maintain a sense of …

Creating Local Bibliographic Databases: New Tools For Evidence-Based Health Care, Jeremiah H. Sable, Beth G. Carlin, James E. Andrews, Maryellen C. Sievert

School of Information Faculty Publications

The Internet has created new opportunities for librarians to present literature search results to clinicians. In order to take full advantage of these opportunities, libraries need to create locally maintained bibliographic databases. A simple method of creating a local bibliographic database and publishing it on the Web is described. The method uses off-the-shelf software and requires minimal programming. A hedge search strategy for outcome studies of clinical process interventions is created, and Ovid is used to search MEDLINE. The search results are saved and imported into EndNote libraries. The citations are modified, exported to a Microsoft Access database, and published …

Load Optimization On The Wingate Anaerobic Test With College-Aged Females, Corey Steven Crane

Dissertations and Theses @ UNI

The purpose of the study was to determine which resistance loads would elicit maximal values of peak power output (PP), mean power output (MP) and fatigue index (FI) of college-age females. A second purpose was to examine the predictability of certain anthropometric and performance variables on the optimal load used for the Wingate Anaerobic Test. Twenty-one female volunteers, aged 20-27 years, performed a 10-second maximal cranking test, an area of muscle mass assessment of the thigh as well as three 30-second Wingate Anaerobic Power Tests (WAT) using loads of 75, 90 and 105 g/kg. The variables PP (W and W …

The Delegation Of Federal Power To International Organizations: New Problems With Old Solutions, Julian G. Ku

Hofstra Law Faculty Scholarship

This Article investigates the constitutional -basis for objections to United States participation in important international organizations like the WTO and the UN. The somewhat surprising conclusion is that the inchoate rage of the Seattle protestors has greater constitutional substance than most academic commentators would like to admit. Some international organizations have begun to acquire real powers from the federal government, and the future growth of international organizations is likely to support this trend. Moreover, the nature of these transfers raises serious constitutional doubts that the currently accepted view of constitutional interpretation cannot adequately address.

This Article proposes a framework for …

Choice, Tradition, And The New Genetics: The Fragmentation Of The Ideology Of Family, Janet L. Dolgin

Hofstra Law Faculty Scholarship

This article considers three broad contexts within which family law is being asked to consider the consequences for families of "new facts about biogenetic relationship." 0 The law's responses to these new facts suggest that Schneider's conclusions about the biogenetic dimension of kinship must be amended in characterizations of contemporary families. In particular, the monolithic ideology" of families that Schneider assumed at mid-century 12 has been appropriated by various interests, which have misrepresented fragments of it in its entirety. As a result, society and the law invoke certain aspects of the ideology of traditional families in some contexts, but not …

Supreme Court Federalism Decisions, Leon Friedman

Hofstra Law Faculty Scholarship

There are four areas in which the Supreme Court has in effect raised the power of federalism. The first of the four is the United States v. Lopez line of cases. Lopez involved a law passed by Congress, the Gun Free School Zone Act, which said that if you possess a gun within a thousand feet of a school zone you have violated a federal law, and it is a five-year felony. However, in 1995, the Supreme Court held that the, Act exceeded Congress' power under the Commerce Clause. The Supreme Court had not told Congress that they had gone …

Personhood, Discrimination, And The New Genetics, Janet L. Dolgin

Hofstra Law Faculty Scholarship

Decoding the human genome and identifying genetic sequences may provide, among other things, for the production of individually tailored drugs, for medicines without side effects, and perhaps eventually for gene therapy that will replace dysfunctional genes with genes that preclude or cure illness." But, the same developments threaten society with the potential for devastating biological accidents, with broad invasions of individual and communal privacy, and with "genetic" bigotry and the revival of eugenic policies.

Behind the concrete promises and threats that attend the new genetics lies another sort of change-more subtle than those more usually, and more easily, described and …

Soul For Sale: An Empirical Study Of Associate Satisfaction, Law Firm Culture, And The Effects Of Billable Hour Requirements, Susan Saab Fortney

Hofstra Law Faculty Scholarship

Although billable hour pressure has taken a toll on partners as well as associates, associates appear to be the most disenchanted casualties of the billable hour derby. In discussing attorney dissatisfaction, some authors have relied on the results of studies of law students and attorneys, noting that there is a limited amount of empirical data on the state of the profession. In an attempt to help fill the gap, I conducted an empirical study to gauge the effects of billable hour pressure and practices on the current crop of associates.

The information obtained in my study provides guidance in both …

The Evolving Judicial Role In Child Custody Disputes: From Fault Finder To Conflict Manager To Differential Case Management, Andrew Schepard

Hofstra Law Faculty Scholarship

The judiciary's role in divorce related child custody disputes has been transformed in the latter half of the twentieth century in response to the changing characteristics of American families, changing perceptions of the needs of children, and an overwhelming case load increase. The transformation occurred in two distinct phases, and a third is currently in process.

In Phase I, from the late 1960s (the beginning of widespread "no fault" divorce) to 1980, the child custody court was a fault finder functioning through adversary procedure. The court's job was to identify a single custodial parent and assign that parent primary legal …

Cardozo The [Small R] Realist, Richard D. Friedman

Reviews

In Part I of this Review, I will discuss aspects of Cardozo's life and character. In Part II, I will discuss Cardozo's jurisprudential theory as revealed in his lectures and essays. In Part IlI, I will suggest how we gain a better perspective on his judicial opinions by understanding not only that theory but also the man and his life.

Bankruptcy As A Vehicle For Resolving Enterprise-Threatening Mass Tort Liability, Alan N. Resnick

Hofstra Law Faculty Scholarship

A difficult challenge facing the American judicial system is providing for the fair and efficient resolution of litigation arising from mass tort liability. A mass tort involves a harmful act or series of acts by a company, such as the production of a defective product, that results in injuries to numerous victims--sometimes numbering into the thousands or hundreds of thousands. The most difficult cases are those involving “long-tail” mass torts, such as those relating to asbestos, where there is a long latency period between a person's use or exposure to a harmful product and the first manifestation of harm. Removal …

The First Bite Is Free: Employer Liability For Sexual Harassment, Joanna L. Grossman

Hofstra Law Faculty Scholarship

In June, 1998, the Supreme Court issued two decisions, Burlington Industries, Inc. v. Ellerth and Faragher v. City of Boca Raton that established new standards for employer liability for sexual harassment. Although the two cases presented different questions and factual predicates, the Court adopted a unified holding with respect to employer liability for supervisor harassment. Many commentators interpreted the new standards as a blow to employers based on the perception that employers would now be held accountable for workplace harassment without regard to their culpability.

The thesis of this article is that the conventional wisdom with respect to Faragher and …

Nutritional Assessment Of Rural Mossi People In Burkina Faso: A Comparison Of Pre- And Post-Harvest Status, Tamara Michelle Wood

UNF Graduate Theses and Dissertations

The purpose of this study was to compare the nutritional status of a rural population of Mossi people in Burkina Faso during the pre- and post-harvest seasons. Comparisons were made between the sample population and the American population, between the pre- and post-harvest seasons, between males and females in the sample population and between the various age groups in the sample population.

This nutritional assessment consisted of collecting demographical information, anthropometrical measurements such as weight and height, a clinical assessment to evaluate physiological signs of nutritional deficiencies and a food frequency questionnaire to describe the dietary practices of the population. …

Decision-Making In Ryan White Care Act Planning Bodies: An Analysis Of The Decision-Making Process Of The Joint Committee Of The Jacksonville Hiv/Aids Planning Council And Consortium, Andrea Clarkson Davis

UNF Graduate Theses and Dissertations

The purpose of this study was to determine which factors and the degree to which these factors influenced the Joint Committee when deciding how much money should be allocated to the different services funded by the Ryan White CARE Act. This study focused on the possible explicit and implicit factors influencing the decision-making process and interactions of the members of the HIV/AIDS Joint Prioritization & Allocation Committee in the decisions that were being made on behalf of the people who are infected and affected by this disease.

The methodology included a combination of quantitative and qualitative data, utilizing surveys, coding …