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2000

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Marvin W. Hansen V. Reuel S. Kohler : Brief Of Respondent, Utah Supreme Court Jan 2000

Marvin W. Hansen V. Reuel S. Kohler : Brief Of Respondent, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

BRIEF OF INTERVENING DEFENDANTS AND RESPONDENTS APPEAL FROM JUDGMENT OF DISTRICT COURT OF BOX ELDER COUNTY HONORABLE VeNOY CHRISTOFFERSON, JUDGE


State Of Utah In The Interest Of Michael Gene Tanner, Jr. V. Unkown : Brief Of Respondent, Utah Supreme Court Jan 2000

State Of Utah In The Interest Of Michael Gene Tanner, Jr. V. Unkown : Brief Of Respondent, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

APPEAL FROM THE JUDGMENT OF THE SECOND DISTRICT JUVENILE COURT OF SALT LAKE COUNTY, STATE OF UTAH, THE HONORABLE REGNAL W. GARFF, JR., PRESIDING


Mary Buzianis V. Beneficial Homes, Inc., Ron Gibb : Brief Of Respondent, Utah Supreme Court Jan 2000

Mary Buzianis V. Beneficial Homes, Inc., Ron Gibb : Brief Of Respondent, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from the judgment of the Third Judicial District Court of Tooele County. Gordan R. Hall, District Judge, Presiding


Suzanne Roderick V. Nathan Ricks, Ray Zoll; Douglas T. Castleton; Abaco Publishing, Abaco Installers, And John Does I-X : Reply Brief, Utah Supreme Court Jan 2000

Suzanne Roderick V. Nathan Ricks, Ray Zoll; Douglas T. Castleton; Abaco Publishing, Abaco Installers, And John Does I-X : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal From a Final Judgment of the Third Judicial District Court of Salt Lake County, Utah The Honorable Frank G. Noel


Suzanne Roderick V. Nathan Ricks, B. Ray Zoll, Douglas T. Castleton, Abaco Publishing, And Abaco Installers : Brief Of Appellant, Utah Supreme Court Jan 2000

Suzanne Roderick V. Nathan Ricks, B. Ray Zoll, Douglas T. Castleton, Abaco Publishing, And Abaco Installers : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal From a Final Judgment of the Third Judicial District Court of Salt Lake County, Utah The Honorable Frank G. Noel


Peter Ennenga V. Unknown : Reply Brief, Utah Supreme Court Jan 2000

Peter Ennenga V. Unknown : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

THIS IS AN APPEAL FROM THE ORDER OF SUSPENSION ENTERED BY THE HONORABLE STEPHEN HENROID, JUDGE OF THE THIRD JUDICIAL DISTRICT, SALT LAKE COUNTY


Rt Nielson Company V. Merrill Cook, Merrill Cook For Congress Committee : Brief Of Appellee, Utah Supreme Court Jan 2000

Rt Nielson Company V. Merrill Cook, Merrill Cook For Congress Committee : Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from the Third Judicial District Court In and For Salt Lake County, State of Utah, Honorable Sandra N. Peuler


Housing Authority Of The County Of Salt Lake V. John Thomas Snyder : Brief Of Appellee, Utah Supreme Court Jan 2000

Housing Authority Of The County Of Salt Lake V. John Thomas Snyder : Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

ON APPEAL FROM THE JUDGMENT ENTERED BY THE THIRD JUDICIAL DISTRICT COURT, SALT LAKE COUNTY, STATE OF UTAH, MURRAY DEPARTMENT, HONORABLE MICHAEL K. BURTON PRESIDING


Housing Authority Of The County Of Salt Lake V. John Thomas Snyder : Amicus Brief, Utah Supreme Court Jan 2000

Housing Authority Of The County Of Salt Lake V. John Thomas Snyder : Amicus Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

APPEAL FROM A JUDGMENT ENTERED BY THE THIRD DISTRICT COURT, SALT LAKE COUNTY, MURRAY DEPARTMENT, Hon. Michael K. Burton


Willie M. Salas V. The Industrial Commission Of Utah, Eaton Metal Products Company, And The State Insurance Fund : Brief Of Respondent, Utah Supreme Court Jan 2000

Willie M. Salas V. The Industrial Commission Of Utah, Eaton Metal Products Company, And The State Insurance Fund : Brief Of Respondent, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from the Industrial Commission of Utah.


Legal Representation For Children In Protection Proceedings: Two Distinct Lawyer Roles Are Required, Donald N. Duquette Jan 2000

Legal Representation For Children In Protection Proceedings: Two Distinct Lawyer Roles Are Required, Donald N. Duquette

Articles

The thesis of this article is that it is a mistake to try to develop a single lawyer role for children in protection cases which tries to accommodate their developing capacities from infants to articulate teens. Sometimes a child needs a traditional attorney; sometimes a best interests advocate. We should adopt different standards for the different lawyer roles. Trying to define a single lawyer role for children of all ages and all capacities is an impossible task. This article argues that we should resolve the ambivalence not by adopting a client-directed or a best interests approach, but by having two …


High Speed Access: Micro Radio, Action, And Activism On The Internet, Ted M. Coopman Jan 2000

High Speed Access: Micro Radio, Action, And Activism On The Internet, Ted M. Coopman

Faculty Publications

During the spring and summer of 1999, the Low Power Radio Service Notice of Proposed Rulemaking (NPRM) by the Federal Communication Commission (FCC) recently drew a record number of responses. Several thousand people from all over the country participated in what has traditionally been the purview of major corporations and institutions, including 1120 individuals who signed the Micro Radio Empowerment Coalition comments. This paper examines that response and its implications for the micro radio and other activist movements. The Internet played an important role not only in filing responses, but in drafting and signing responses as well. For example, the …


Immunity Of Volunteer Health Care Providers In Texas: Bartering Legal Rights For Free Medical Care Comment, Gwendolyn Pulido Jan 2000

Immunity Of Volunteer Health Care Providers In Texas: Bartering Legal Rights For Free Medical Care Comment, Gwendolyn Pulido

The Scholar: St. Mary's Law Review on Race and Social Justice

Texas should not rely on Congress to cure the problem of indigent access to healthcare. Despite recent proposals to create a unified healthcare system, the United States continues to allow the welfare of its poor citizens to ride the wave of the free market. Unlike the U.S., several international declarations have acknowledged the inherent human right to healthcare including the World Health Organization (WHO), the United Nations Universal Declaration of Human Rights, and the United Nations’ adoption of the Covenant on Economic, Social, and Cultural Rights (The Covenant). Despite the recognition of a right to healthcare, there is still no …


Why Lawyers Have Often Worn Strange Clothes, Claimed To Work For Free--And Been Hated, Hugh D. Spitzer Jan 2000

Why Lawyers Have Often Worn Strange Clothes, Claimed To Work For Free--And Been Hated, Hugh D. Spitzer

Articles

Why have lawyers and judges always adorned themselves in ancient regalia? Obviously, they must symbolically transform themselves from private individuals into "law speakers" for the community. They become tools of a longstanding legal system, and special clothes offer clues to others (and reminders to themselves) that they have special responsibilities, both to their clients and to the community at large. The "retro" clothes that lawyers and judges wear also remind everyone that law is old that it isn't meant to change rapidly, and that it offers stability and predictability in a changing world.


Elder-Comp, L.L.C. - A Multi-Disciplinary Prototype For Tomorrow's Elder Law Practice, Michael J. Myers Jan 2000

Elder-Comp, L.L.C. - A Multi-Disciplinary Prototype For Tomorrow's Elder Law Practice, Michael J. Myers

South Dakota Law Review

No abstract provided.


William H. Simon: Thinking Like A Lawyer – About Ethics, William H. Simon, Robert D. Taylor, Bruce S. Ledewitz, Margaret K. Krasik, Sean P. Kealy Jan 2000

William H. Simon: Thinking Like A Lawyer – About Ethics, William H. Simon, Robert D. Taylor, Bruce S. Ledewitz, Margaret K. Krasik, Sean P. Kealy

Faculty Scholarship

This is the edited text of a panel discussion held as part of the legal ethics curriculum at Duquesne University Law School on October 24, 1999. The speakers have had the opportunity to update and correct this text; therefore, this printed version may deviate slightly from what was presented.


The Landscape Of Constitutional Property, Thomas W. Merrill Jan 2000

The Landscape Of Constitutional Property, Thomas W. Merrill

Faculty Scholarship

The Constitution contains two clauses that protect persons against governmental interference with their property. The Due Process Clause provides that "No person shall ... be deprived of life, liberty, or property, without due process of law." The Takings Clause adds, "nor shall private property be taken for public use, without just compensation." Both provisions appear to impose a threshold condition that a claimant have some "property" at stake before the protections associated with the Clause apply. Thus, under the Due Process Clause, it would seem that a claimant must have an interest in "property" (or in "life" or "liberty") before …


Living Trusts In The Unauthorized Practice Of Law: A Good Thing Gone Bad, Angela M. Vallario Jan 2000

Living Trusts In The Unauthorized Practice Of Law: A Good Thing Gone Bad, Angela M. Vallario

All Faculty Scholarship

An elderly man recently lost his wife and visits the lawyer's office for assistance in the administration of her estate. After the attorney expresses her condolences, she asks if his wife had a will. The client reaches into a brown shopping bag and retrieves a two-and-a-half inch black binder containing several trusts. The elderly gentleman and his deceased wife were told this would eliminate the expensive legal nightmare of probate. Unfortunately, like many others, this couple was victimized by a trust mill.


Adopting And Implementing Shared Services; Strategic Cost Management; Strategic Management Guidelines, Society Of Management Accountants Of Canada, American Institute Of Certified Public Accountants (Aicpa), Australian Society Of Certified Practising Accountants Jan 2000

Adopting And Implementing Shared Services; Strategic Cost Management; Strategic Management Guidelines, Society Of Management Accountants Of Canada, American Institute Of Certified Public Accountants (Aicpa), Australian Society Of Certified Practising Accountants

Guides, Handbooks and Manuals

No abstract provided.


Cpa's Guide To Tackling Tough Tax Issues For Nonprofit Organizations, Robert R. Lyons Jan 2000

Cpa's Guide To Tackling Tough Tax Issues For Nonprofit Organizations, Robert R. Lyons

Guides, Handbooks and Manuals

No abstract provided.


The History Of Electronic Mail In Litigation, Samuel A. Thumma, Darrel S. Jackson Jan 2000

The History Of Electronic Mail In Litigation, Samuel A. Thumma, Darrel S. Jackson

Santa Clara High Technology Law Journal

No abstract provided.


Public Utilities Commission, Sapna Iyer, Rebecca A. Richards, Monisha Ann Coelho, J. D. Fellmeth Jan 2000

Public Utilities Commission, Sapna Iyer, Rebecca A. Richards, Monisha Ann Coelho, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.


An Empirical Analysis Of Unit Trust Performance In Singapore, Joseph H. H. Chia, Yiu Kuen Tse Jan 2000

An Empirical Analysis Of Unit Trust Performance In Singapore, Joseph H. H. Chia, Yiu Kuen Tse

Research Collection School Of Economics

The Singapore government’s recent strategic plan to develop the financial sector has placed much emphasis on the fund management industry. In this paper we examine the unit trust performance in Singapore in the 90s. Our results show that fund managers in general performed poorly in security analysis and market timing. However, they performed fairly well in risk-adjusted returns and generally maintained well-diversified portfolios. We find that there is little consistency in the performance ranking of the evaluated portfolios, although there is evidence of repeat performance of some top funds. Our analysis also shows that fund managers could indeed make excess …


Henry Ozidel Wilson: A Chef's White Toque And A Judge's Black Robe (1910-1995), Morison Buck Jan 2000

Henry Ozidel Wilson: A Chef's White Toque And A Judge's Black Robe (1910-1995), Morison Buck

Morison Buck Biographies of Hillsborough County Judges

A biography of Judge Henry Wilson who served as the judge of the Civil Court of Record and then as Hillsborough County judge.


Role Of Jaffee V. Redmonds "Course Of Diagnosis Or Treatment" Condition In Preventing Abuse Of The Psychotherapist-Patient Privilege, Lynda W. Kenney Jan 2000

Role Of Jaffee V. Redmonds "Course Of Diagnosis Or Treatment" Condition In Preventing Abuse Of The Psychotherapist-Patient Privilege, Lynda W. Kenney

Georgia Law Review

The Supreme Court recognized the federal psychotherapist- patient privilege in Jaffee v. Redmond and conditioned its application on the existence of a "course of diagnosis or treatment" within which a psychotherapist and patient exchanged confidential communications. The Court expressly precluded trial courts from conditioning privilege application on the favorable balance of a given patient's need for privacy over the extent of evidentiary harm likely to be caused by applying the privilege. Doubting the sufficiency of Jaffee's "course of diagnosis or treatment"condition to prevent abusive application of the privilege,the First Circuit Court of Appeals recognized the crime-fraud exception to the privilege …


Cumulative Topic Index - Volumes 31-45, South Dakota Law Review Jan 2000

Cumulative Topic Index - Volumes 31-45, South Dakota Law Review

South Dakota Law Review

No abstract provided.


Telemedicine Application At The University Of Rochester Medical Center Strong Memorial Hospital In Conjunction With The New York State Department Of Corrections, Jeannine Christensen Jan 2000

Telemedicine Application At The University Of Rochester Medical Center Strong Memorial Hospital In Conjunction With The New York State Department Of Corrections, Jeannine Christensen

Theses

Telemedicine has been around for several years and it is inevitable that this technology will shape the current healthcare environment. Doctors are often faced with the challenges of the laws of time and distance. With the presence of telemedicine, the idea of having access to a physician at any given time becomes a reality. This paper will present an exciting concept of telemedicine for today and tomorrow with an emphasis on the advancement of health care delivery systems. This thesis will also attempt to present the cost saving factors that telemedicine can provide not only to patient care but also …


Class Action Accountability: Reconciling Exit, Voice, And Loyalty In Representative Litigation, John C. Coffee Jr. Jan 2000

Class Action Accountability: Reconciling Exit, Voice, And Loyalty In Representative Litigation, John C. Coffee Jr.

Faculty Scholarship

In two recent and highly technical decisions – Amchem Products v. Windsor and Ortiz v. Fibreboard Corp. – the Supreme Court has recognized that a serious potential for collusion exists in class actions and has outlined a concept of "class cohesion" as the rationale that legitimizes representative litigation. Although agreeing that a legitimacy principle is needed, Professor Coffee doubts that "class cohesion" can bear that weight, either as a normative theory of representation or as an economic solution for the agency cost and collective action problems that arise in representative litigation. He warns that an expansive interpretation of "class cohesion" …


The Singapore Legal System – History, Theory And Practice, Andrew B.L. Phang Jan 2000

The Singapore Legal System – History, Theory And Practice, Andrew B.L. Phang

Research Collection Yong Pung How School Of Law

Law is central to order and stability and, without order and stability, societal as well as economic viability (let alone progress) are impossible The alternative is 'rule of man', and all the dangers of fallibility and (consequently) despotism that that entails. One central difficulty has, of course, been the maintenance of the argument that law is consonant with objective truth for if the law does not in fact possess this quality, then the 'rule of law' turns out to be the 'rule of man' after all. However, it is difficult, on rational grounds at least, to reject the concept of …


Insurance Issues Related To Lateral Hire Musical Chairs, Susan Saab Fortney Jan 2000

Insurance Issues Related To Lateral Hire Musical Chairs, Susan Saab Fortney

Hofstra Law Faculty Scholarship

This article addresses the various insurance issues relating to lawyer mobility. Part I of this article introduces the topic by noting the heightened rate of lawyers making lateral moves and how insurance coverage has responded to an increasingly mobile legal labor force. Part II provides a brief historical perspective on insurer reaction to lateral hire claims. Part III analyzes specific policy provisions related to lateral hires for both the prior firm and the new firm. Part IV discusses how a firm and a lateral lawyer should study and address risks before consummating the move. Part V examines the problems related …