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Acer 2000-2001 Annual Report, Australian Council For Educational Research (Acer)

ACER Annual Reports

No abstract provided.

The Cycles Of Statutory Interpretation, Adrian Vermeule

University of Chicago Law Review

This Article advances an explanation of interpretive change--the fact that the Supreme Court frequently changes the nominal formulation of its rules for statutory interpretation, and to some degree changes its actual interpretive practice as well. The prevailing styles of explanation attribute interpretive change to exogenous shocks such as a change in the party composition of the legislature or a string of judicial appointments. The Article criticizes the exogenous explanatory style on methodological grounds, and advances an alternative model that attributes interpretive change to endogenous shifts in the expectations of actors in the interpretive system. In particular, the Article develops a …

Toward A New Legal Realism (Reviewing Behavioral Law And Economics By Cass R. Sunstein), Daniel A. Farber

University of Chicago Law Review

No abstract provided.

Freed Finance Company V. Stoker Motor Company, A Utah Corporation; Roland E. Gisnburg And James A. Kohn; Utah State Tax Commission; Uted States Of America; And Atex Corporated, A Utah Corporation : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from Summary Judgment of Foreclosure of Real Estate Mortgage District Court of Salt Lake County, Utah, Honorable Stewart M. Hanson, Jr. District Judge

Herbert Burton And Florence Burton V. Alan H. Coombs, Carla H. Coombs, Four Seasons Motor Inn. Inc., And Four Seasons Motor Inn Ii, Inc. : Brief Of Respondent, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

No abstract provided.

Merrill Bean Chevrolet, Inc. V. State Tax Commission Of Utah : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

No abstract provided.

Kent W. Holman And Alfred G. Kesler, Dba Golden Spike Reality And Construction V. Blair W. Sorenson And Marjean Sorensen : Unknown, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

No abstract provided.

Bank Of Pleasant Grove V. Earl A. Johnson & Beth R. Johnson: Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from a Judgment of The Fourth District Court of Utah County, Honorable Maurice Harding, Judge.

Fred N. Hobson V. Panguitch Lake Corporation : Unknown, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

NEWLY UNCOV OF HOBSON R ED CASES "ONDENTS APPEAL FROM THE JUDGMENT OF THE SIXTH JUDICIAL DISTRICT COURT FOR GARFIELD COUNTY. STATE OF UTAH Honorable Ferdinand Erickson, Judge

John Leach V. Norma B. Anderson And Valley Bank And Trust Company : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from a Judgment of the Third District Court of Salt Lake County, Honorable James S. Sawaya, Judge

Non-Predictability Of Abdominal Strength And Function With Trunk Manual Muscle Testing In Patients With Low Back Pain, Eric C. Shamus

Graduate Student Dissertations, Theses, Capstones, and Portfolios

The purpose of this study was to determine the ability of the Clarkson and Gilewich manual muscle test of trunk flexion and rotation to predict abdominal muscle strength and function in patients with low back pain. In examining movement and function, physical therapists routinely test muscle strength.

The participants consisted of thirty-one adults with complaints of low back pain. For each subject, five tests were conducted. A manual muscle test of trunk flexion and rotation, dynamometer measurement of trunk flexion strength, and lumbar stabilization during a partial curl up and single leg slide were performed. Pearson product correlational statistics were …

Lochner, Liquor, And Longshoremen: A Puzzle In Progressive Era Federalism, Barry Cushman

Journal Articles

In 1890, the Supreme Court shocked and thrilled the civilized world with the announcement that dry states could not prohibit the sale of liquor shipped in from outside the state. So long as the out-of-state goods remained in their "original packages," the Court held they retained their character as interstate commerce subject only to federal regulation. The consequences for the cause of local sobriety were, predictably, catastrophic. The proliferation in temperance territory of "original package saloons," at which one could purchase liquor free from the superintendence of local liquor authorities, was appalling to dry eyes. Members of Congress immediately proposed …

The Effects Of Hamilton's Power Writing Strategy On The Writing Test Scores Of Fourth-Grade Hispanic And Haitian Esol Students, Ann Elizabeth Jackman

Graduate Student Dissertations, Theses, Capstones, and Portfolios

The writing test scores of linguistically and culturally diverse students in Southeast Florida have been consistently lower than those of mainstream students. This quantitative, experimental study investigated the effects of the Power Writing (Hamilton, 1997) strategy on the writing test scores of fourth-grade Hispanic and Haitian ESOL students. Four null hypotheses were tested: (a) There is no significant difference between the pretest and posttest scores of the experimental group. (b) There is no significant difference between the posttest scores of the experimental and control groups. (c) There is no significant difference between the scores of the Hispanic and Haitian students. …

Transforming The Debate: Why We Need To Include Transgender Rights In The Struggles For Sex And Sexual Orientation Equality, Taylor Flynn

Faculty Scholarship

The Author observes that sex and sexual orientation equality jurisprudence is premised upon the traditional understanding of "sex" as determined by anatomy at birth. The presumption typically following from this reduction of sex to anatomy is the notion that certain gendered attributes are inherent in biological male- or femaleness. The Author asserts that these erroneous and unduly narrow views significantly hamper courts' ability to address the core of sex and sexual orientation discrimination-hostility based on failure to conform to conventional gender norms. Surveying workplace, public accommodation, asylum, marriage, and custody cases, Flynn explains how conventional jurisprudence fails a wide array …

Has The Fog Cleared - Attorney Work Product And The Attorney-Client Privilege: Texas's Complete Transition Into Full Protection Of Attorney Work In The Corporate Context., Fred A. Simpson

St. Mary's Law Journal

The following discussion in this Article fills the gaps in the substantive rules surrounding the attorney work product doctrine and the attorney-client privilege, thereby encouraging practitioners to utilize these tools more freely. Initially, the attorney-client privilege contemplated application only to individuals. As the rule developed in the United States, however, the scope of the privilege broadened until it included corporations. Since 1982, Texas has provided for the attorney-client privilege in Texas Rule of Civil Evidence 503.149. Notably, the Rule defined client in such a way as to include a corporation. Unlike the attorney-client privilege, the work product doctrine developed much …

No Taxation Without Realization: Srivastava V. Commissioner, The Fifth Circuit's Answer To Tax Treatment Of Attorney's Fees Under A Contingency Fee Agreement., Bernard J. Grant Iii

St. Mary's Law Journal

Abstract Forthcoming.

Jury Erosion: The Effects Of Robinson, Havner, & (And) Gammill On The Role Of Texas Juries., Ricky J. Poole, Kimberly S. Keller

St. Mary's Law Journal

Abstract Forthcoming.

Attorney Referral For Medical Treatment: A Wolf In Disguise., Martin J. Phipps

St. Mary's Law Journal

Texas attorneys should be obligated to disclose whether they referred their client to a pre-selected physician. Plaintiff attorneys, however, have been allowed to withhold this information from the court arguing the information is privileged. The practice of using a pre-selected physician is unethical and unfairly prejudicial. If the attorney and physician have an agreement, the attorney is likely to send numerous clients to that specific physician in order to receive a discount. The physician in turn is likely to recommend medically unnecessary procedures in order to inflate money damages. Therefore, in order to prevent potential abuse between the attorney-physician relationship, …

Those Dangerous Student Prayers., Kelly J. Coghlan

St. Mary's Law Journal

Abstract Forthcoming.

Parental Rights In The Twenty-First Century: Parents As Full Partners In Education., Linda L. Schlueter

St. Mary's Law Journal

Abstract Forthcoming.

Interpreting Mineral And Royalty Deeds: The Legacy Of The One-Eighth Royalty And Other Stories., Laura H. Burney

St. Mary's Law Journal

Mineral and royalty deeds are notoriously difficult to interpret. Courts complicate the interpretive process in at least two ways. First, they produce opinions that fail to appreciate and explain unique oil and gas concepts. Second, they render deed records unreliable. A variety of title problems flow from this instability. However, a common trait is frequently encountered: the influence of the one-eighth royalty provision typically used for decades in oil and gas leases. Unfortunately, courts have failed to acknowledge this influence. For this reason, title litigation will continue to loom under the legacy of the one-eighth royalty, and title examiners will …

Argentina's Emerging Standard Of Intellectual Property Protection: A Case Study Of The Underlying Conflicts Between Developing Countries, Trips Standards, And The United States, Kimberly A. Czub

Case Western Reserve Journal of International Law

This is called an article in the print version, but it appears to be (a note) written by a law student.

A "Primer" In Utah State Appellate Practice, Justice Michael J. Wilkins, Kristy L. Bertelsen, Matt Snow

Utah Law Review

Each year, many capable lawyers appear for the first time in cases before Utah appellate courts. Those lawyers with prior appellate experience in other jurisdictions, and those with no such head start, are faced equally with the somewhat daunting task of quickly getting a grip on the way we do things here. With that in mind, we have written this article, intending it to be a "primer" in Utah appellate practice generally. We do not intend to examine comprehensively all there is to know about appellatepractice. Rather, we intend this piece to be an introduction to Utah appellate procedure, a …

Divining The Framers' Intetions: The Immunity Stanadard For Criminal Proceedings Under The Utah Constitution, C. Albert Bowers

Utah Law Review

While a derivative use immunity regime may be constitutional in theory, the doctrine suffers from an unconstitutional breakdown in practice. Since Kastigar was decided, many jurisdictions have experimented with derivative use immunity. However, those jurisdictions that have carefully examined the practicality of the derivative use immunity doctrine have found it does not work in practice." The prosecution invariably uses the witness' compelled testimony against the witness in numerous and significant ways. While any one use may not be abhorrent in itself, when added together they culminate in an unconstitutional end. Although the Kastigar Court realized that the compelled witness should …

Tribute: Justice I. Daniel Stewart, Richard Cameron Blake

Utah Law Review

The curtain is now closed on Justice Stewart's remarkable performance on the Utah Supreme Court stage, opening the door for him to pursue other interests and influence the law in other ways. As is to be expected, his Court performance will be remembered differently by different people. Many will remember him as the "Thorough" (meaning "Slow") Justice; just as he went through ten drafts of discovery questions, he was famous at the Court for going through dozens of opinion drafts (fifty-one drafts is purportedly his maximum). One attorney approached me one day during my clerkship and said, "Tell the Judge …

Response: The Values Of Legal Archaeology, Judith L. Maute

Utah Law Review

Professor Threedy's ambitious undertaking has provided rich food for thought about this old fish tale. I commend her efforts and urge that she pursue the project further. Besides incorporating the contextual, historical, and biographical materials, I suggest she then step back for a perspective on contracts doctrine, theory, and policy. For the researcher, doing legal archaeology is arduous. When the product is complete, it yields great benefits to understanding the development of the law. I thank her for her labors.

Beyond Plessy: Space, Status, And Race In The Era Of Jim Crow, Barbara Y. Welke

Utah Law Review

In the 1896 case of Plessy v. Ferguson, the United States Supreme Court held that a Louisiana law requiring separate but equal accommodations on railroads for white and black passengers did not violate the Fourteenth Amendment to the U. S. Constitution. By the time of the Supreme Court's decision in Plessy every Southern state except the Carolinas and Virginia had a separate coach law similar to Louisiana's. By 1900, every Southern state required racial separation of white and black passengers on railroads. Within another decade, what is widely called "Jim Crow" applied to every aspect of Southern public life. In …

The Taxation Of Private Interests In Public Property: Toward A Unified Theory Of Property Taxation, John A. Swain

Utah Law Review

As traditional barriers in our economy continue to erode, once clear distinctions in industries, such as finance, telecommunications, and the media, are becoming blurred. Similarly, government and industry are combining forces in many non-traditional arenas. Consequently, the commercial use of government property is expanding rapidly. Although the existence of private interests in public grazing lands, forests, harbors, and airports is not new, public property is now being devoted to a myriad of expanded private uses. Resort hotels, research parks, office complexes, warehouses, and other traditional private sector improvements are being erected on public lands and titled to the government.' The …

Can Constitutional Error Be Harmless?, David R. Dow, James Rytting

Utah Law Review

Chapman v. California held that federal constitutional error in a state criminal proceeding does not require reversal if the state can establish that the error was harmless. Writing about Chapman several years after it was decided, Professor Daniel J. Meltzer observed that in fact the case had decided two propositions: first, that constitutional errors can be deemed. harmless; and second, that federal law determines the issue of harmlessness. Professor Meltzer then focused exclusively on the second proposition, concluding that it was sound. In this Article, we focus on the first. We will demonstrate that harmless error doctrine is conceptually incoherent. …

History And Application Of The Plain Error Doctrine In Utah, Robert J. Labrum

Utah Law Review

It is a general rule in the judicial system that any issues to be argued on appeal must first be raised in the court below. However, sometimes circumstances arise where despite counsel's failure to make proper objections, the appeal should be heard to further the interests of justice. The plain error doctrine is one of the tools that Utah appellate courts use to allow issues to be raised for the first time on appeal. Yet, in spite of the fact that the plain error doctrine has been recognized in Utah for over sixty years, Utah courts have had difficulty using …