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2001

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A Clash Between Commercial Speech And Individual Privacy: U.S. West V. Fcc, Andrew Dymek Jan 2001

A Clash Between Commercial Speech And Individual Privacy: U.S. West V. Fcc, Andrew Dymek

Utah Law Review

In recent years, the public has become increasingly concerned over threats to privacy posed by the commercial use of personal data. In response, Congress has enacted, or is considering, legislation to protect sensitive transactional data in diverse commercial fields. However, because the use of customer data may lead to greater market shares and profits, companies have zealously advocated their countervailing interests. When lobbying fails to dilute privacy legislation, companies may increasingly rely on a relatively new weapon: the First Amendment commercial speech doctrine. In a "harbinger" of future clashes between privacy and commercial speech, a divided Tenth Circuit ruled in …

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Utah's Gang Enhancement Statute: Did The Legislature Create A Sentencing Factor As It Intended Or Did It Unwittingly Create An Element Of The Offense?, M. Scott Smith Jan 2001

Utah's Gang Enhancement Statute: Did The Legislature Create A Sentencing Factor As It Intended Or Did It Unwittingly Create An Element Of The Offense?, M. Scott Smith

Utah Law Review

The Utah Legislature, hoping to deter gang-related criminal activity, created a sentencing enhancement to increase the minimum jail time of group criminal actors. This sentencing enhancement was to operate as a sentencing factor-upon a finding by the sentencing judge that the criminal actor had acted "in concert with two or more persons" in committing a particular crime, the sentencing judge was to increase the penalty. The Lopes majority, however, concluded that the Utah Legislature had unwittingly created an element of the offense rather than a sentencing actor. As such, the "in concert" requirement had to be pleaded in the indictment …

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Failed Markets, Failing Government, Or Both? Learning From The Unintended Consequences Of Utah Consumer Credit Law On Vulnerable Debtors, Christopher L. Peterson Jan 2001

Failed Markets, Failing Government, Or Both? Learning From The Unintended Consequences Of Utah Consumer Credit Law On Vulnerable Debtors, Christopher L. Peterson

Utah Law Review

Although for millennia the Western tradition looked upon the taking of interest with a jaundiced eye, consumer credit has become an integral and accepted part of the American economy. Nevertheless, throughout the twentieth century federal and state government institutions have struggled with the dual needs of facilitating creditors' business ventures and simultaneously protecting vulnerable debtors from onerous obligations.

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Punishing The Saints For Their "Peculiar Institution": Congress On The Constitutional Dilemmas, L. Rex Sears Jan 2001

Punishing The Saints For Their "Peculiar Institution": Congress On The Constitutional Dilemmas, L. Rex Sears

Utah Law Review

The palpable connection between Mormon polygamy and that political subdivision of the Union that was first Utah Territory, and then the State of Utah, proved a fertile source of constitutional perplexity, and over time, generated a significant body of constitutional debate in Congress. The lessons taught by reviewing these debates are not all positive. The debates over exclusion and expulsion stand as an alarming illustration of how the flames of popular prejudice can push congressional majorities to embrace what had but recently been constitutionally unthinkable. Likewise, Congress's eventual acceptance of the myth that polygamists could be disfranchised for their criminal …

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Youth Interrogations And The Utah Constitution, Troy L. Booher Jan 2001

Youth Interrogations And The Utah Constitution, Troy L. Booher

Utah Law Review

Currently there are two approaches to determining whether youth act voluntarily to waive Miranda rights or confess to crimes, per se rules and totality tests. As they are applied, neither approach is fully adequate. Per se rules can cripple legitimate law enforcement efforts to interrogate youth by demanding that third parties become involved. Also, there is no guarantee that those who are present on behalf of youth, especially parents, will act in the best interest of youth. Moreover, some youth simply are as capable as adults of voluntarily both waiving Miranda rights and confessing to crimes, and per se rules …

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Master's Programs In Metal Health Counseling And School Guidance Counseling Student Handbook 2001-2002, Nova Southeastern University Jan 2001

Master's Programs In Metal Health Counseling And School Guidance Counseling Student Handbook 2001-2002, Nova Southeastern University

College of Psychological Services / College of Psychology Postgraduate Student and Course Catalogs

No abstract provided.

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Vol. 79, No. 1: Full Issue, Denver University Law Review Jan 2001

Vol. 79, No. 1: Full Issue, Denver University Law Review

Denver Law Review

No abstract provided.

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Is It Constitutional And Will It Be Effective: An Analysis Of Mandatory Hiv Testing Of Pregnant Women, Dorian L. Eden Jan 2001

Is It Constitutional And Will It Be Effective: An Analysis Of Mandatory Hiv Testing Of Pregnant Women, Dorian L. Eden

Health Matrix: The Journal of Law-Medicine

No abstract provided.

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2001-2002 Graduate Catalog, Armstrong Atlantic State University Jan 2001

2001-2002 Graduate Catalog, Armstrong Atlantic State University

Armstrong Office of the Registrar: Graduate Catalogs (Archived)

No abstract provided.

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Defending Courts: A Brief Rejoinder To Professors Fried And Rosenberg, David C. Vladeck Jan 2001

Defending Courts: A Brief Rejoinder To Professors Fried And Rosenberg, David C. Vladeck

Georgetown Law Faculty Publications and Other Works

Harvard Professors David Rosenberg and Charles Fried have presented a provocative, sweeping critique of the theoretical foundations of tort liability that leaves virtually no aspect of our current tort system untouched, or perhaps more accurately, unscathed. Their article throws down the gauntlet to defenders of traditional tort law. For instance, Rosenberg and Fried take aim at the jury system, arguing that ex post liability rules created by juries are inefficient and should be replaced, whenever possible, by ex ante liability rules set by legislative bodies. And they attack the idea that compensation plays a legitimate role in structuring our tort …

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Changing The Rules: Public Access To Dependency Court, Kathleen S. Bean Jan 2001

Changing The Rules: Public Access To Dependency Court, Kathleen S. Bean

Denver Law Review

No abstract provided.

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Job Reference Immunity Statutes: Prevalent But Irrelevant, Markita D. Cooper Jan 2001

Job Reference Immunity Statutes: Prevalent But Irrelevant, Markita D. Cooper

Journal Publications

This Article posits that current reference immunity statutes are of little use in encouraging employers to provide references. Although legislation ostensibly protects employers in most states, "name, rank and serial number," "no-comment," and neutral reference policies continue to prevail as standard practice regarding job references. Generally, the existing statutes leave the common law in place, so that reference claims may be adjudicated under statutory standards and common law standards. This Article proposes that the field would be clarified if the statutes were the exclusive law governing liability for job reference claims under state law.

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The Anatomy Of An Institutionalized Emergency: Preventive Detention And Personal Liberty In India, Derek P. Jinks Jan 2001

The Anatomy Of An Institutionalized Emergency: Preventive Detention And Personal Liberty In India, Derek P. Jinks

Michigan Journal of International Law

Despite many indications of an emerging transnational consensus on the scope of human rights law, fundamental disagreements persist. These disagreements are, in many respects, structured around important cleavages in the international community such as: North/South, East/West, and capitalist/socialist. Whether these cleavages are understood as cultural, economic, or political, international lawyers must develop a better understanding of the specific practices that generate divergent interpretations of human rights standards. Without such an understanding, these factions seem to underscore an irreducibly political conception of human rights. Indeed, the prospects of a global "community of law" turn on the degree to which fundamental differences …

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State Of Utah V. James W. Mooney, Aka James W.F.E.; Linda T. Mooney, And Oklevueha Earthwalks Native American Church Of Utah, Inc. : Brief Of Appellant, Utah Supreme Court Jan 2001

State Of Utah V. James W. Mooney, Aka James W.F.E.; Linda T. Mooney, And Oklevueha Earthwalks Native American Church Of Utah, Inc. : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

ADDENDUM TO BRIEF OF APPELLANTS Interlocutory Appeal from the Fourth Judicial District Court, Utah County, State of Utah, Judge Gary D. Stott

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Emotional Distress Issues Raised By The Release Of Toxic And Other Hazardous Materials, Conrad G. Tuohey, Ferdinand V. Gonzalez Jan 2001

Emotional Distress Issues Raised By The Release Of Toxic And Other Hazardous Materials, Conrad G. Tuohey, Ferdinand V. Gonzalez

Santa Clara Law Review

No abstract provided.

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Does Community Notification For Sex Offenders Violate The Eighth Amendment's Prohibition Against Cruel And Unusual Punishment - A Focus On Vigilantism Resulting From Megan's Law., Alex B. Eyssen Jan 2001

Does Community Notification For Sex Offenders Violate The Eighth Amendment's Prohibition Against Cruel And Unusual Punishment - A Focus On Vigilantism Resulting From Megan's Law., Alex B. Eyssen

St. Mary's Law Journal

Community notification of a sex offender’s presence may be violating the Eighth Amendment’s protection from Cruel and Unusual Punishment. Under Megan’s Law and other sex offender registration statutes, individuals that have completed a prison sentence for a sex crime may have to register as a sex offender. The information of the individual including his name, address, physical description, date of birth, social security number, employer, offense, and picture, is publicly disseminated. As an unintended consequence, individuals who have served their time may have to suffer additional punishment in the form of harassment, vigilantism, and violence.

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State Of Utah V. Angie Brake : Brief Of Appellee, Utah Court Of Appeals Jan 2001

State Of Utah V. Angie Brake : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPEAL FROM A CONVICTION FOR ATTEMPTED POSSESSION OF A CONTROLLED SUBSTANCE, A CLASS A MISDEMEANOR, IN VIOLATION OF UTAH CODE ANN. § 58-37-8(2)(a)(i) (SUPP. 1999), IN THE FOURTH JUDICIAL DISTRICT COURT IN AND FOR SALT LAKE COUNTY, STATE OF UTAH, THE HONORABLE LYNN W. DAVIS, PRESIDING

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State Of Utah V. Robert Beltran And Dorothy Dee Carpenter : Brief Of Appellant, Utah Court Of Appeals Jan 2001

State Of Utah V. Robert Beltran And Dorothy Dee Carpenter : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Defendants'/Appellants' Appeal Brief

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Phillip Edward Miller V. G. Barton Blackstock : Reply Brief, Utah Court Of Appeals Jan 2001

Phillip Edward Miller V. G. Barton Blackstock : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Appellee/Cross-Appellant's Reply Brief

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Michael C.W. Hess V. G. Barton Blackstock : Brief Of Appellant, Utah Court Of Appeals Jan 2001

Michael C.W. Hess V. G. Barton Blackstock : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Appeal from the Final Judgment and Order Affirming Administrative Action from the Honorable Rodney S. Page of the Second Judicial District Court in and for Davis County, State of Utah

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Melinda Gilley V. G. Barton Blackstock, And The Department Of Public Safety, Office Of Drivers License Service : Brief Of Appellee, Utah Court Of Appeals Jan 2001

Melinda Gilley V. G. Barton Blackstock, And The Department Of Public Safety, Office Of Drivers License Service : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPEAL FROM THE THIRD JUDICIAL DISTRICT COURT IN AND FOR TOOELE COUNTY, STATE OF UTAH HONORABLE DAVID S. YOUNG

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Reflections On Human Rights And Civil Liberties In Light Of The United Kingdom's Human Rights Act 1998, Conor Gearty Jan 2001

Reflections On Human Rights And Civil Liberties In Light Of The United Kingdom's Human Rights Act 1998, Conor Gearty

University of Richmond Law Review

It seems at times as though the entire world has become ad- dicted to human rights. The United States has, of course, had its famed Bill of Rights for generations. The United Kingdom's Human Rights Act has recently come into force. That measure also applies to Northern Ireland, with human rights issues appearing in the Good Friday Agreement. Both Britain and Ireland have adopted the model of the European Convention on Human Rights and Fundamental Freedoms, a charter agreed to on November 4, 1950, by western European nations emerging from a dark age of fascist totalitarianism. The body which gave …

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State Of Utah V. Marie S. Mckinnon : Brief Of Appellant, Utah Court Of Appeals Jan 2001

State Of Utah V. Marie S. Mckinnon : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPEAL FROM THE DISMISSAL OF A CHARGE OF FALSE NOTARIAL CERTIFICATION, A CLASS B MISDEMEANOR, IN THE FIRST JUDICIAL DISTRICT COURT, BOX ELDER COUNTY, THE HONORABLE BEN H. HADFIELD PRESIDING

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State Of Utah V. Marcy Ann Harris : Brief Of Appellant, Utah Court Of Appeals Jan 2001

State Of Utah V. Marcy Ann Harris : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPEAL FROM THE FIFTH DISTRICT JUDICIAL COURT, WASHINGTON COUNTY, STATE OF UTAH, FROM A CONVICTION OF DRIVING UNDER THE INFLUENCE OF ALCOHOL, A CLASS A MISDEMEANOR, BEFORE THE HONORABLE G. RAND BEACHAM

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Michael C. W. Hess V. G. Barton Blackstock : Brief Of Appellee, Utah Court Of Appeals Jan 2001

Michael C. W. Hess V. G. Barton Blackstock : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPEAL FROM THE SECOND JUDICIAL DISTRICT COURT IN AND FOR DAVIS COUNTY, STATE OF UTAH HONORABLE RODNEY S. PAGE

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Utah V. Rodney Lehi : Brief Of Appellee, Utah Court Of Appeals Jan 2001

Utah V. Rodney Lehi : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPEAL FROM A CONVICTION FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL, A THIRD DEGREE FELONY, IN VIOLATION OF UTAH CODE ANN. §41-6- 44 (SUPP. 1999), IN THE SEVENTH DISTRICT COURT, IN AND FOR SAN JUAN COUNTY, STATE OF UTAH, THE HONORABLE LYLE R. ANDERSON, PRESIDING

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State Of Utah V. Damon And Misty Comer : Brief Of Appellee, Utah Court Of Appeals Jan 2001

State Of Utah V. Damon And Misty Comer : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

AN APPEAL FROM A JUDGMENT OF CONVICTION FOR POSSESSION OF A CONTROLLED SUBSTANCE IN A DRUG-FREE ZONE, A SECOND DEGREE FELONY, IN VIOLATION OF UTAH CODE ANN. § 58-37-8 (SUPP. 2000), IN THE FIRST JUDICIAL DISTRICT COURT OF UTAH, BOX ELDER COUNTY, THE HONORABLE BEN H. HADFIELD PRESIDING

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Edward Rogers V. Stephen B. Mithcell And Burbidge And Mitchell : Brief Of Appellants, Utah Court Of Appeals Jan 2001

Edward Rogers V. Stephen B. Mithcell And Burbidge And Mitchell : Brief Of Appellants, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Appeal from the denial of a partial summary judgment and the granting of a partial summary Judgment rendered by Hon. L.A. Dever, Third Judicial District Court.

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It’S All About What You Know: The Specific Intent Standard Should Govern "Knowing" Violations Of The Clean Water Act, Randall S. Abate, Dayna E. Mancuso Jan 2001

It’S All About What You Know: The Specific Intent Standard Should Govern "Knowing" Violations Of The Clean Water Act, Randall S. Abate, Dayna E. Mancuso

Journal Publications

Part I of this Article examines the historical and conceptual foundations of the specific intent standard as applied both outside and within the environmental law context. Part II addresses the historical and conceptual foundations of the general intent standard, also outside and within the environmental law context. Part III reviews the history of the conflict between application of the specific intent and general intent standards in prosecutions for knowing violations of the Clean Water Act. Part IV presents arguments that support application of the specific intent standard to knowing violation cases under section 309(c)(2)(A) of the CWA. Part V analyzes …

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Birmingham In Black And White: Civil Rights Journalism In The Spring Of '63, Rhonda K. Mitchell Jan 2001

Birmingham In Black And White: Civil Rights Journalism In The Spring Of '63, Rhonda K. Mitchell

Vulcan Historical Review

pp. 40-50

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