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Articles 46861 - 46890 of 55093
Full-Text Articles in Entire DC Network
Finding Justice In South African Labor Law: The Use Of Arbitration To Evaluate Affirmative Action, Carmen Morris Twyman
Finding Justice In South African Labor Law: The Use Of Arbitration To Evaluate Affirmative Action, Carmen Morris Twyman
Case Western Reserve Journal of International Law
No abstract provided.
Labor Law Reform--Southern Africa, Sarah Christie
Labor Law Reform--Southern Africa, Sarah Christie
Case Western Reserve Journal of International Law
No abstract provided.
Employment And Labor Law Reform In New Zealand, Richard A. Epstein
Employment And Labor Law Reform In New Zealand, Richard A. Epstein
Case Western Reserve Journal of International Law
No abstract provided.
Volume 33 Issue 3 (2001), Cwru Journal Of International Law
Volume 33 Issue 3 (2001), Cwru Journal Of International Law
Case Western Reserve Journal of International Law
No abstract provided.
International Law In Crisis: Seeking The Best Prosecution Model For Somali Pirates, Sandra L. Hodgkinson
International Law In Crisis: Seeking The Best Prosecution Model For Somali Pirates, Sandra L. Hodgkinson
Case Western Reserve Journal of International Law
No abstract provided.
The Impact Of Third-Party Financing On Transnational Litigation, Cassandra Burke Robertson
The Impact Of Third-Party Financing On Transnational Litigation, Cassandra Burke Robertson
Case Western Reserve Journal of International Law
No abstract provided.
Price Tag: West Bank Settlers' Terrorizing Of Palestinians To Deter Israeli Government Law Enforcement, Ori Nir
Case Western Reserve Journal of International Law
No abstract provided.
Climate Change And Crises Of International Law: Possibilities For Geographic Reenvisioning, Hari M. Osofsky
Climate Change And Crises Of International Law: Possibilities For Geographic Reenvisioning, Hari M. Osofsky
Case Western Reserve Journal of International Law
No abstract provided.
Municipal Waste Characteristics And Management In Pantai Dalam, Kuala Lumpur, Ratanam Andythaven
Municipal Waste Characteristics And Management In Pantai Dalam, Kuala Lumpur, Ratanam Andythaven
Student Works (2000-2009)
The primary purpose of this research was to study comprehensively the municipal waste generation (rate, quantity), waste characterization including (physical, chemical and biological parameters), heavy metal content, waste recovery and recycling, and socio economic aspects of municipal solid waste (MSW) generation and management in Taman Bukit Angkasa, Pantai Dalam, Kuala Lumpur and the surrounding areas. The waste characterization and management was determined with actual field observations coupled with questionnaire survey from a random sample of 250 households (200 flats houses, 25 long houses and 25 squatter residences). The quantification and other parameters (heavy metals, water extractable nutrients, nitrogen, pH, acidity, …
An Analysis Of Local Internet Relay Chat, It Ting Beh
An Analysis Of Local Internet Relay Chat, It Ting Beh
Student Works (2000-2009)
This study first examined the language convention features (emoticon and typographic) employed by the Internet Relay Chat (IRC) participants. Second, it examined the code-switching patterns and the communicative purposes in Malaysian IRC. Third, it analysed whether the strategies of the openings and closings are transferred from face-to-face communication to IRC. Six extracts, one-hour chat each, from the #mamak channel were analyzed to identify the above. Moreover, questionnaires were administered to five faculties in University of Malaya to support some of the findings. Sacks, Schegloff, and Jefferson's (1974) adjacency pair model and sequential location modeI were used as the framework to …
Concert Recording 2001-10-31, Marcus Bowles, Karri Altrogge, Jeannie Lee, Donald Bohanon, Mary Scott Spry, Zack Hodgson, Corey Walker, Jennifer Reinert, Kamara Turner, Angel Mauldin
Concert Recording 2001-10-31, Marcus Bowles, Karri Altrogge, Jeannie Lee, Donald Bohanon, Mary Scott Spry, Zack Hodgson, Corey Walker, Jennifer Reinert, Kamara Turner, Angel Mauldin
Concert Recordings & Programs
Restless / Rich O'Meara -- Reverie / William W. Wiedrich -- Duo concertant / Darius Milhaud -- Sonatine / Pierre Sancan -- Honor and arms / G.F. Handel -- Rhapsody for euphonium / James Curnow -- Fantasie / Georges Hue -- Alla Marcia / Arnold Cook
A "Primer" In Utah State Appellate Practice, Justice Michael J. Wilkins, Kristy L. Bertelsen, Matt Snow
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
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
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 …
Introduction, Utah Law Review
Introduction, Utah Law Review
Utah Law Review
On behalf of the Utah Law Review, I would like to welcome you to this year's Law Review Symposium and to offer a few comments that I hope will set the stage for today's presentations. This should be a wonderfully engaging and entertaining event and we are proud to support the growth of an area of legal scholarship that we anticipate will be incredibly influential and fruitful in the coming years. These papers collectively take an historical approach to classic legal cases. As such, they confront us with the question: why undertake an historical approach to legal studies?
A Fish Story: Alaska Packers' Association V. Domenico, Debora L. Threedy
A Fish Story: Alaska Packers' Association V. Domenico, Debora L. Threedy
Utah Law Review
Although history is interesting for its own sake, the point of developing as fully as possible the history of the Alaska Packers' case is to contribute to our understanding of the law. This article attempts to do that by looking beyond the authoritative narrative enshrined in the judicial opinions to a more complete, and more complex, story. An important lesson that emerges from this work is the insidious way in which assumptions about how the world works influence litigation outcomes. Because District Judge De Haven assumed the "self-evident fact" that Alaska Packers would want the men to catch as many …
Response: The Values Of Legal Archaeology, Judith L. Maute
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
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 …
Afterword And Response: What Digging Does And Does Not Do, Patricia D. White
Afterword And Response: What Digging Does And Does Not Do, Patricia D. White
Utah Law Review
I wish that I could tell you that I had discovered incontrovertible evidence that Pearl Morris had moved to Alaska and undertaken to become a salmon fisherwoman. But I tried and I was unable to. So I am going to have to do something else. I suspect that I was asked to comment on Professor Welke's paper not because I am an historian, because I am not, and not because I have any particular insight to offer on either the Morris case or Plessy, because I do not. But rather because I have long been of the view that something …
Utah's Medicial Malpractice Prelitigation Panel: Exploring State Constitutional Arguments Against A Nonbinding Inadmissible Procedure, Heather Brann
Utah's Medicial Malpractice Prelitigation Panel: Exploring State Constitutional Arguments Against A Nonbinding Inadmissible Procedure, Heather Brann
Utah Law Review
The Utah Health Care Malpractice Act is on shaky ground under the Utah Constitution. To begin, the Utah Open Courts Clause preserves an historic guarantee of access to the courts and remedy for harm to one's person. The Malpractice Act violates both these provisions. The panel proceeding, as a prerequisite to the court's exercise of jurisdiction, delays and may deny access altogether. Where parties proceed to trial, the panel necessarily impairs remedies available only through formal discovery. The Malpractice Act's damage restrictions abrogate damages that were available at common law for medical malpractice without providing a quid pro quo for …
The Taxation Of Private Interests In Public Property: Toward A Unified Theory Of Property Taxation, John A. Swain
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
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
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 …
Revival Of Jeffersonian Democracy Or Resurgence Of Western Anger? The Emergence Of Collaborative Decision Making, Sydney F. Cook
Revival Of Jeffersonian Democracy Or Resurgence Of Western Anger? The Emergence Of Collaborative Decision Making, Sydney F. Cook
Utah Law Review
Standing on the rim of the San Rafel Swell, a visitor to southern Utah can see the contours of red sandstone open up across the horizon for almost sixty miles. The San Rafel Swell, a giant expanse of undeveloped land located at the gateway to canyon country in southern Utah, is at the center of the proposed San Rafel Swell National Heritage and Conservation Act ("the Act"). The Act outlines land management guidelines for an area of land in southern Utah that includes the San Rafel Swell as well as parts of Desolation and Labyrinth canyons. Supporters applaud the bill …
A Clash Between Commercial Speech And Individual Privacy: U.S. West V. Fcc, Andrew Dymek
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 …
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 …
The Right To Genetic Privacy? Are We Unlocking The Secrets Of The Human Genome Only To Risk Insurance And Employment Discrimination?, Nathalie Smith
The Right To Genetic Privacy? Are We Unlocking The Secrets Of The Human Genome Only To Risk Insurance And Employment Discrimination?, Nathalie Smith
Utah Law Review
Imagine the following: you are a healthy middle-aged adult. Breast, ovarian, or prostate cancer runs in your family. Knowing of your potential increased susceptibility to these diseases, your physician recommends that you participate in an ongoing, local research project. As your physician explains, the research project, which encourages enrollment of high-risk individuals and their families, bases participation on those with family histories such as yours. Upon enrollment, the research project uses a DNA based genetic test to detect the mutated gene' that increases your likelihood of developing the tested-for disease by eighty percent. Your physician is careful to point out …
More Than Mere Majorities, Saul Levmore
More Than Mere Majorities, Saul Levmore
Utah Law Review
Spontaneous law is less enamored with simple majorities than is much of formal law, at least in appellate courts, legislatures, the electoral college, and plebiscites, where simple majoritarianism is the common requirement for action. In contrast, young children who are asked to vote on a name for their athletic team are often observed entertaining numerous nominations and then raising their hands as each nomination is called out-with no apparent restriction on the number of times a given little hand may be raised. The winner is the option that attracts the most votes. Experienced adults are often startled when these young …
Children In Poverty: In Search Of State And Federal Constitutional Protections In The Wake Of Welfare "Reforms", April Land
Utah Law Review
According to the House Report that urged adoption of the Personal Responsibility and Work Opportunity Reconciliation Act, commenting on the predecessor to the current welfare system, the Report noted the "greatest tragedy of the welfare system is how it harms the Nation's children." Under the Personal Responsibility and Work Opportunity Reconciliation Act in support of which the Report was written, it is now anticipated that 1.3 million additional children will join the children already living in poverty in this country. There are more children in inadequate daycare and housing and more children are hungry. As the number of people finding …
Recent Developments In Utah Law, Utah Law Review Staff
Recent Developments In Utah Law, Utah Law Review Staff
Utah Law Review
No abstract provided.