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

Utah Supreme Court Briefs (2000–2020)

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

State Of Utah V. Mark A. Schoenfeld : Brief Of Defendant-Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from the Verdict and Conviction in the District Court of Salt Lake County, State of Utah, The Honorable Bryant H. Croft presiding.

Critical National Infrastructure, Philip C. Bobbitt

Faculty Scholarship

It's great to be home. I look out in this group. It may be the Philosophical Society, but it really looks to me like coming home. I see the Weinbergs, the Rostows. I went to law school because of Chris Dougherty. I have a "family" out here that I very seldom get to see, so it's a real rreac for me to be here.

For about a year and a half now, I've lived in Washington. If you visit Washington, a place you must go is the Library of Congress. And if you go to the Library of Congress, you …

The Challenges Of Globally Accessible Process, Peter L. Strauss

Faculty Scholarship

This chapter embraces the strategic use of the Internet for achieving new forms of transparency and participation in the regulatory cooperation process. It explores ‘the challenges of globally accessible process’ through the use of new information technologies. It holds that the incorporation of these technologies in agency processes at the US federal level has created possibilities for the most transparent, participatory, and broadly deliberative regulatory system in the world to become still more so. The Internet promises not merely to expand access to information about the substance and process of regulation, but also to ‘move the government closer to the …

Opening Remarks: Reclaiming Yesterday's Future, Kimberlé W. Crenshaw

Faculty Scholarship

Good morning colleagues, friends, and special guests of the Symposium. I have the unenviable task of welcoming you to the UCLA School of Law this morning, a task that under current circumstances carries with it for me quite a few mixed emotions.' I have struggled mightily over how I might convey to you that although my heart is heavy this morning, I am very pleased to see each of you. It is rather like opening the door to welcome close friends into your home which is in a state of utter disarray. Things are strewn all about, you look harried …

The Election Of Thomas Buergenthal To The International Court Of Justice, Lori Fisler Damrosch

Faculty Scholarship

For the first time since 1981, a new judge of United States nationality has taken office at the International Court of Justice. As the method for selection of this important judicial post is little known even within the international law profession, a brief note on how that process unfolded in 1999-2000 should be of interest to the Court's constituency.

Consultants' And Lawyers' Duties To Report Contamination, Michael B. Gerrard

Faculty Scholarship

A recent decision by the New York State Department of Environmental Conservation (DEC) expands the duty of environmental consultants to report contamination on their clients' land. The rationale of the decision might also apply to lawyers and to states beyond New York.

Many federal, state and municipal laws require spills of pollutants to be reported to the government. People have received criminal penalties, including jail time, as well as heavy civil fines, for violating some of these requirements. Almost all of these rules apply only to persons who own, operate, or are otherwise in charge of the polluting facility, or …

The Role Of Strategic Management Planning In Improving The Representation Of Clients: A Child Advocacy Example, Jane M. Spinak

Faculty Scholarship

This article will discuss my experience managing a legal organization representing children – the Juvenile Rights Division (JRD) that Schinitsky began thirty-eight years ago – by exploring the interactive role that organizational management plays in enhancing the quality of child client representation. Part I briefly examines two issues: the historic and systemic context of court-based practice within JRD and the way in which changes in child welfare law and policies since 1979 have affected the ability of lawyers to represent child clients through this court-based practice. Part II presents a model for restructuring organizational conventions and patterns in order to …

Trends In The Supply And Demand For Environmental Lawyers, Michael B. Gerrard

Faculty Scholarship

The boom times for environmental lawyers were the late 1980s and the early 1990s. The June 1990 issue of Money magazine called environmental law a "fast-track career." Two or three years of experience with the U.S. Environmental Protection Agency (EPA), a state environmental agency, the environmental units of the Justice Department, or a state attorney general's office were a ticket to a high-paying job in the private sector. Law students were clamoring to enter the field and law firms were scrambling to find experienced environmental lawyers, or to recycle newly underemployed antitrust lawyers into this burgeoning field.

Milton Handler: Teacher, Lance Liebman

Faculty Scholarship

I did not know Milton Handler until he was eighty-eight years old.Of course I knew of him. I had lived near the world of Philip Areeda and Steve Breyer, antitrust experts who knew very well that Milton had begun the study of competition law; had been in that founding generation of activist law scholars who implemented the realist vision by expanding the canon of common law courses – contracts, torts, property – to statutory and regulatory fields such as taxation, regulated industries, labor law, and corporations.

An Institutional Emphasis, Lance Liebman

Faculty Scholarship

Professor Schwartz is an important scholar of the interface between the difficult moral concept of privacy and the new information technologies. Someday a book will tell the story of modem history through the lens of privacy: village lives well known to neighbors; the claims of the national state (taxes, military service); the social welfare state; and the possibilities and dangers of modem biology. As Paul Schwartz has written, DNA and other tools can tell us a great deal about ourselves and can improve our lives; they can also tell employers, drug companies, prospective in-laws, and the police things we prefer …

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.

Micropolitical Behavior Of Second Graders: A Qualitative Study Of Student Resistance In The Classroom, Angela Spaulding

The Qualitative Report

Micropolitics describes the ways in which individuals attempt to influence others in order to attain desired goals. This qualitative, micropolitical case study examines: (1) the micropolitical strategies of resistance that second grade students used to influence their teacher, (2) the students' goals for engaging in these micropolitical strategies, and (3) the consequences of the students' micropolitical influence on their teacher.

The Dislocated Textile Worker In Rural Alabama: A Portrait, Sharon G. Lankford-Rice

The Qualitative Report

This is a study that delves into the attitudes of the rural Alabama textile worker at the point of being laid off. The methodology and findings are discussed and a personal interview transcribed from a former dislocated worker concerning her feelings, attitudes, and aspirations on how the Job Training Partnership Act (JTPA) program has impacted her life and career.

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 …

Adieu To Electrocution, Deborah W. Denno

Faculty Scholarship

This Article contends that there is no moral or legal reason to retain electrocution, particularly because other execution methods are available. It is clear that at some point soon, electrocution will no longer exist in this country and, as a result, throughout the world. By eliminating this perplexing vestige, the other problems with the death penalty may appear all that more offensive.

Front Matter - Table Of Contents

Iowa Journal of Communication

No abstract provided.

Cyberviews: Internet Interviewing, Jo Kirch

Iowa Journal of Communication

E-mail interviews (cyberviews) were used to discern information about incest survivors. The Internet research process used for data collection is discussed in this article, including the benefits of Internet research, the method of initial contact, e-mail interviewing (cyberviewing), the development of the cyberview schedule, advantages of cyberviewing, problems encountered, and suggested solutions. Characteristics of the sample are also presented.

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 …

Supporting Survivors Of Sexual Assault: A Feminist Perspective, Geeta Cowlagi

Dissertations and Theses @ UNI

Sexual assault continues to be a serious problem in the United States and in Utah; one that exacts a heavy toll on the survivors as well as society in general. While the issue is an old one, there is still considerable debate around it. Indeed, the myths, misperceptions, and ignorance about the causes and effects of rape and sexual assault impede the recovery process for the survivors of sexual assault. The goal of this thesis is to support survivors of sexual assault in their recovery. The core of the thesis is a manual written for professionals who work with survivors …

An Investigation Of Student Understanding Of Light In Geometrical Optics: Relating Formalism To Conceptual Understanding Of The Physical Phenomena, Ekaterina Denissova

Dissertations and Theses @ UNI

This paper reports on a study of student understanding of the nature and properties of light prior to instruction and by the completion of a unit on geometrical optics in a General Physics II course at University of Northern Iowa. The emphasis of this study was placed on the ability to make connections between the formalism of physics and real world phenomena. The ability to apply appropriate concepts and principles from geometrical optics, including the drawing of ray diagrams, to predict and explain image formation and light behavior was chosen as the operational criterion to assess students' conceptual understanding. The …

Inner Presence, Amy L. Bailey

Dissertations and Theses @ UNI

What we believe constructs the person we are and will become, the ways and means we conduct our lives and form our sense of right and wrong at all levels inward and outward: politically, socially, and personally. My own beliefs, founded on my faith in God, have directed me in my work. This thesis exhibition is an exploration of how to express these beliefs visually. During my exploration, I had to alter and develop my own visual iconography to express my ideas of God. Conventional transcendent icons including the cross, the 1 Christ figure, and the Virgin Mary, have been …

Debating The Field Civil Code 105 Years Late, Andrew P. Morriss, Scott J. Burnham, James C. Nelson

Faculty Scholarship

In 1895, Montana adopted a version of the Field Civil Code--a massive law originally drafted by New York lawyer David Dudley Field in the early 1860s. The Civil Code (and its companion Political, Penal, and Procedural Codes) were adopted without debate, without legislative scrutiny, and without Montanans having an opportunity to grasp the enormity of the changes the Codes brought to the Montana legal system. In sponsoring this debate over whether to repeal the Civil Code, the Montana Law Review is finally giving Montana the opportunity to examine the merits of the Civil Code that she was denied 105 years …

Decius S. Wade's Necessity For Codification, Andrew P. Morriss

Faculty Scholarship

Decius S. Wade, former Montana Territorial Supreme Court Justice and Code Commissioner, delivered this address to the Helena Bar Association on April 5, 1894. The address came slightly more than two years after Wade, as one of the three Code Commissioners, had reported draft Civil, Political, Penal, and Procedural Codes to the State Auditor and slightly less than one year before Governor John E. Rickards signed the four codes as passed by the Fourth Legislature. Wade's address came just after the Third Legislature, split three ways among the Democrats, Republicans, and Populists and unable to settle on United States Senators, …

Explaining Market Mechanisms, Thomas W. Merrill

Faculty Scholarship

In recent years, environmental regulation has seen a debate between supporters of traditional command-and-control regulation – a system of uniform pollution control standards – and proponents of a system of fees or permits for individual polluters known as market mechanisms. In this article, Professor Merrill considers two theories, wealth-maximization theory and distributional theory, that have been used to explain the emergence of market mechanisms in American environmental policy. He notes that (1) relatively few American environmental-enforcement programs have adopted market mechanisms; (2) those that exist overwhelmingly use grandfathered transferable permits instead of pollution taxes or auctioned permits; and (3) they …

Death Is The Whole Ball Game, Jeffrey A. Fagan, James S. Liebman, Valerie West

Faculty Scholarship

In Capital Appeals Revisited and The Meaning of Capital Appeals, Barry Latzer and James N.G. Cauthen argue that a study of capital appeals should focus only on overturned findings of guilt, and complain that in A Broken System we examine all overturned capital verdicts. But the question they want studied cannot provide an accurate evaluation of a system of capital punishment. By proposing to count only "conviction" error and not "sentence" error, Latzer and Cauthen ignore that if a death sentence is overturned, the case is no longer capital and the system of capital punishment has failed to achieve its …

How Persuasive Is Natural Law Theory?, Kent Greenawalt

Faculty Scholarship

This Article, in honor of John Finnis, evaluates the persuasiveness of one central element of natural law theory – its claim to an objective moral truth discoverable by reason. Although I stand outside the tradition, my interest in natural law theory goes back to my college days. John Finnis, especially in his work Natural Law and Natural Rights, has much enriched my understanding of moral, political, and legal philosophy. Prior to that book, natural lawyers and analytic jurists had little to say to each other; by and large, the members of each group had scant respect for the scholarly endeavors …

Are Mental States Relevant For Statutory And Constitutional Interpretation, Kent Greenawalt

Faculty Scholarship

Judges in the United States must interpret statutes and constitutions. Largely because these texts are framed in the English language, a language shared by legislators, judges, and other citizens, judges employ sufficiently common techniques to sustain a coherent practice. Lawyers can often say with some confidence how judges will construe particular legal provisions, and, when they have serious doubts, they can sketch the likely alternatives. But we are now in an era of sharp theoretical disagreement over what judges do when they interpret authoritative texts.

In difficult cases of statutory interpretation, are judges mainly trying to give language its ordinary …

Death Matters – A Reply To Latzer And Cauthen, James S. Liebman, Jeffrey A. Fagan, Valerie West

Faculty Scholarship

The legal treatment of capital punishment in the United States "rests squarely on the predicate that the penalty of death is qualitatively different from a sentence of imprisonment, however long. Death, in its finality, differs more from life imprisonment than a 100-year prison term differs from one of only a year or two. This predicate is among "the evolving standards of decency that mark the progress of a maturing society" and determine whether a punishment is "cruel and unusual" in violation of the Constitution. Because "'[f]rom the point of view of the defendant, [death] is different in both its severity …

Patterns Of Legal Change: Shareholder And Creditor Rights In Transition Economies, Katharina Pistor

Faculty Scholarship

This paper analyses changes in the legal protection of shareholder and creditor rights in 24 transition economies from 1990 to 1998. It documents differences in the initial conditions and a tendency towards convergence of formal legal rules as the result of extensive legal reforms. Convergence seems to be primarily the result of foreign technical assistance programs as well as of harmonisation requirements for countries wishing to join the European Union. The external supply of legal rules not withstanding, the pattern of legal reforms suggests that law reform has been primarily responsive, or lagging, rather than leading economic development. In comparison, …