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2002

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James Harleston Linden, Petitioner And Appellant, Vs. The State Of Utah Department Of Corrections, And The State Of Utah Board Of Pardons And Parole, Respondent And Appellee : Reply Brief, Utah Court Of Appeals Jan 2002

James Harleston Linden, Petitioner And Appellant, Vs. The State Of Utah Department Of Corrections, And The State Of Utah Board Of Pardons And Parole, Respondent And Appellee : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

JAMES HARLESTON LINDEN, Petitioner and Appellant, vs. THE STATE OF UTAH DEPARTMENT OF CORRECTIONS, and THE STATE OF UTAH BOARD OF PARDONS AND PAROLE, Respondent and Appellee,

Appellate Court No. 20020912-CA


Licensees In Landoccupiers' Liability Law - Should They Be Exterminated Or Resurrected, Osborne M. Reynolds Jr. Jan 2002

Licensees In Landoccupiers' Liability Law - Should They Be Exterminated Or Resurrected, Osborne M. Reynolds Jr.

Oklahoma Law Review

No abstract provided.


A Deadly Cure: The Supreme Court's Dangerous Medicine In Ferguson V. City Of Charleston, George M. Dery Iii Jan 2002

A Deadly Cure: The Supreme Court's Dangerous Medicine In Ferguson V. City Of Charleston, George M. Dery Iii

Oklahoma Law Review

No abstract provided.


City Of Orem, Plaintiff/Appellee, V. Jonathan D. Cornejo, Defendant/Appellant : Brief Of Appellee, Utah Court Of Appeals Jan 2002

City Of Orem, Plaintiff/Appellee, V. Jonathan D. Cornejo, Defendant/Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

CITY OF OREM, Plaintiff/Appellee, v. JONATHAN D. CORNEJO, Defendant/Appellant. APPELLEE'S BRIEF Appellate No. 20021030-CA Trial Court No. 021201235 Priority No. 2


Utah V. Robert Barney : Brief Of Appellee, Utah Court Of Appeals Jan 2002

Utah V. Robert Barney : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPEAL FROM A CONDITIONAL GUILTY PLEA TO UNLAWFUL POSSESSION OF A CONTROLLED SUBSTANCE WITH INTENT TO PRODUCE, A THIRD DEGREE FELONY, IN VIOLATION OF UTAH CODE ANN. § 58-37-8(l)(a)(i) (Supp. 2001); IN THE FOURTH JUDICIAL DISTRICT COURT OF UTAH COUNTY, STATE OF UTAH, THE HONORABLE GUY R. BURNINGHAM PRESIDING


The State Of Utah V. Ernesto Hernandez : Brief Of Appellee, Utah Court Of Appeals Jan 2002

The State Of Utah V. Ernesto Hernandez : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

AN APPEAL FROM A CONVICTION FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL WITH A PASSENGER UNDER SIXTEEN YEARS OF AGE IN THE VEHICLE, A CLASS A MISDEMEANOR IN VIOLATION OF UTAH CODE ANN. § 41-6-44 (1999), IN THE THIRD DISTRICT COURT, SALT LAKE COUNTY, THE HONORABLE ANN BOYDEN PRESIDING.


Salt Lake City V. Ricklen Nobis : Brief Of Appellant, Utah Court Of Appeals Jan 2002

Salt Lake City V. Ricklen Nobis : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

BRIEF OF THE APPELLANT Appeal from a conviction on one count of Driving Under the Influence of Alcohol a class B misdemeanor, in the Third District Judicial Court, in and for Salt Lake County, State of Utah, Honorable William W. Barrett presiding.


Mervyn's California, Petitioner/Appellant Vs. Utah Labor Commission And Marion E. App, Respondents/Appellee : Brief Of Respondent, Utah Court Of Appeals Jan 2002

Mervyn's California, Petitioner/Appellant Vs. Utah Labor Commission And Marion E. App, Respondents/Appellee : Brief Of Respondent, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

MERVYN'S CALIFORNIA, Petitioner / Appellant, vs. UTAH LABOR COMMISSION and MARION E. APP, Respondents / Appellee. Court of Appeals Case No. 20020583 Judge:


Bahman Dadgari V. Niloofar Bakti : Brief Of Appellant, Utah Court Of Appeals Jan 2002

Bahman Dadgari V. Niloofar Bakti : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Plaintiff's Appeal Form a Final Order of the Third Judicial District Court, the Honorable Michael Burton Presiding


Albert Sandberg V. Lehman, Jensen & Donahue : Brief Of Appellee, Utah Court Of Appeals Jan 2002

Albert Sandberg V. Lehman, Jensen & Donahue : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPEAL FROM THE THIRD JUDICIAL DISTRICT COURT, SALT LAKE COUNTY, STATE OF UTAH HONORABLE MICHAEL K. BURTON, DISTRICT JUDGE CIVIL NO. 000908925


State Of Utah V. Timothy Scott Bird : Brief Of Appellant, Utah Court Of Appeals Jan 2002

State Of Utah V. Timothy Scott Bird : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Case No. 20020114-CA Priority No. 2 BRIEF OF APPELLANT APPEAL FROM THE THIRD DISTRICT JUDICIAL COURT, SALT LAKE COUNTY, STATE OF UTAH, FROM A ORDER REVOKING PROBATION AFTER A CONVICTION OF BEFORE THE HONORABLE MICHAEL K. BURTON.


Fourth Amendment Seizure - Getting Cuffed And Stuffed For Not Wearing A Seat Belt - Atwater V. City Of Lago Vista, 121 S. Ct. 1536, Sam Cantrell Jan 2002

Fourth Amendment Seizure - Getting Cuffed And Stuffed For Not Wearing A Seat Belt - Atwater V. City Of Lago Vista, 121 S. Ct. 1536, Sam Cantrell

Wyoming Law Review

No abstract provided.


Juvenile Record Expunction: The Rehabilitating Remedy, Lori M. Nehls Jan 2002

Juvenile Record Expunction: The Rehabilitating Remedy, Lori M. Nehls

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Protecting America First: Deporting Aliens Associated With Designated Terrorist Organizations That Have Committed Terrorism In America In The Face Of Actual Threats To National Security, Dana B. Weiss Jan 2002

Protecting America First: Deporting Aliens Associated With Designated Terrorist Organizations That Have Committed Terrorism In America In The Face Of Actual Threats To National Security, Dana B. Weiss

Cleveland State Law Review

In light of the devastation and destruction caused by the September 11th attacks and the remaining imminent threat of more attacks in this country, this Note proposes legislation that would provide for removal of aliens who are merely associated with a known terrorist organization that has committed acts of terrorism in the United States. Part II outlines the Immigration and Naturalization Services (INS) legislation in effect at the time of the attacks and the rationale behind prohibiting deportation for mere association with a known terrorist organization. Part III discusses newly enacted legislation strengthening deportation laws, which do not go as …


Do Public Policy Grounds Still Exist For Vacating Arbitration Awards?, Judith Stilz Ogden Jan 2002

Do Public Policy Grounds Still Exist For Vacating Arbitration Awards?, Judith Stilz Ogden

Hofstra Labor & Employment Law Journal

No abstract provided.


There's Got To Be A Better Way: Retribution Vs. Restoration, Jenna Lopes Jan 2002

There's Got To Be A Better Way: Retribution Vs. Restoration, Jenna Lopes

All Volumes (2001-2008)

By examining the historical treatment of punishment and the results of those practices, we can more accurately diagnose the problems and prescribe the proper remedies. It is time that we focus on healing instead of simply treating the symptoms with catastrophic intervention. As with medicine, if a problem is detected and treated early the probability of recovery and a healthy life are much higher than beginning treatment after the body has become critically ill. I propose a holistic approach to the problem of crime and punishment and here, specifically, focus on the alternative to current correctional practices. The practice of …


Lawyer Ethics Code Drafting In The Twenty-First Century, Nancy J. Moore Jan 2002

Lawyer Ethics Code Drafting In The Twenty-First Century, Nancy J. Moore

Hofstra Law Review

No abstract provided.


Rethinking Regulatory Reform After American Trucking, Daniel A. Farber Jan 2002

Rethinking Regulatory Reform After American Trucking, Daniel A. Farber

Pace Law Review

No abstract provided.


Commentary: Public Health And Civil Liberties In An Era Of Bioterrorism, Lawrence O. Gostin Jan 2002

Commentary: Public Health And Civil Liberties In An Era Of Bioterrorism, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

Safeguarding the public's health, safety, and security took on new meaning and urgency after the attacks on the World Trade Towers in New York and the Pentagon in Washington, D.C., on September 11, 2001. The subsequent intentional dispersal of anthrax through the U.S. postal system resulted in five confirmed deaths, hundreds treated, and thousands tested. The potential for new, larger, and more sophisticated attacks have created a sense of vulnerability. National attention has urgently turned to the need to detect and react rapidly to bioterrorism as well as to naturally occurring infectious diseases.


Winter 2002 Jan 2002

Winter 2002

University of Richmond Magazine

No abstract provided.


Bringing Ireland Up To Par: Incorporating The European Convention For The Protection Of Human Rights And Fundamental Freedoms, Katherine Lesch Bodnick Jan 2002

Bringing Ireland Up To Par: Incorporating The European Convention For The Protection Of Human Rights And Fundamental Freedoms, Katherine Lesch Bodnick

Fordham International Law Journal

In the Good Friday Agreement of 1998, the Irish government committed to incorporating the European Convention for the Protection of Human Rights and Fundamental Freedoms (“ECHR”) into Ireland's domestic law. Ireland's promise to promote human rights is consistent with the Good Friday Agreement. Although the government agreed to incorporate the ECHR by October 1999, it has yet to be incorporated because Attorney-General Michael McDowell and Minister of Justice John O'Donoghue could not decide how to do so. This Note examines the manner in which Ireland should incorporate the ECHR into Irish domestic law. Part I of this Note discusses background …


9/11: Usa And Uk, Philip A. Thomas Jan 2002

9/11: Usa And Uk, Philip A. Thomas

Fordham International Law Journal

This Article is based on the inviolability of the legal principles underlying rule of law and explores the ways in which various governments have responded. In addition, it considers the importance of the legislative processes, recognizing that the failure to honor them leaves open the door to executive exploitation and the misuse of power. It also reflects on the efficiency of anti-terrorist legislation. Does this legislation stop, deter or punish criminals; is it "comfort legislation" directed towards producing and maintaining public confidence; or is it counter-productive through the alienation of innocent victims and ethnic, religious and immigrant groups?


Premeditation And Deliberation In California: Returning To A Distinction Without A Difference, Suzanne Mounts Jan 2002

Premeditation And Deliberation In California: Returning To A Distinction Without A Difference, Suzanne Mounts

University of San Francisco Law Review

No abstract provided.


The Theory Of The Waiver Scale: An Argument Why Parents Should Be Able To Waive Their Children's Tort Liability Claims, Robert S. Nelson Jan 2002

The Theory Of The Waiver Scale: An Argument Why Parents Should Be Able To Waive Their Children's Tort Liability Claims, Robert S. Nelson

University of San Francisco Law Review

No abstract provided.


Editor's Note, Brian P. Marron Jan 2002

Editor's Note, Brian P. Marron

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


2002 Calendar Year Report To The Rio Grande Compact Commission, Hal D. Simpson, John R. D'Antonio, Joe G. Hanson, Bill Ruth Jan 2002

2002 Calendar Year Report To The Rio Grande Compact Commission, Hal D. Simpson, John R. D'Antonio, Joe G. Hanson, Bill Ruth

Law of the Rio Chama

No abstract provided.


Guilt By Association: Proposition 21'S Gang Conspiracy Law Will Increase Youth. Violence In California, Lizabeth N. De Vries Jan 2002

Guilt By Association: Proposition 21'S Gang Conspiracy Law Will Increase Youth. Violence In California, Lizabeth N. De Vries

University of San Francisco Law Review

In March 2000, Proposition 21 enacted two revisions to the California Penal Code that dramatically altered the identification and punishment of fringe-offenders. First, a defendant need not be a member to be charged as an active participant in a gang. Second, and most importantly, Proposition 21 enacted a conspiracy law allowing gang participants to be charged as co-conspirators for any crime a fellow gang member commits. Under this newly created conspiracy theory, a juvenile may now be sentenced for a gang-related crime in which he did not participate.


Past Violence, Future Danger?: Rethinking Diminished Capacity Departures Under Federal Sentencing Guidelines Section 5k2.13, Eva E. Subotnik Jan 2002

Past Violence, Future Danger?: Rethinking Diminished Capacity Departures Under Federal Sentencing Guidelines Section 5k2.13, Eva E. Subotnik

Faculty Publications

Under section 5K2.13 of the Federal Sentencing Guidelines, a judge is permitted to reduce a defendant's sentence on the grounds of diminished capacity. Most courts construing this provision have ruled that defendants whose offenses involved violence or the threat of violence are ineligible for a reduction in sentence. This Note argues that such an interpretation, which makes past violence a proxy for predicting future dangerousness, is problematic. Medically or psychologically treated, defendants may no longer pose a danger to society. This Note urges that, in accordance with section 5K2.13's language and history, courts should focus more broadly on whether the …


Community Prosecutors, Anthony V. Alfieri Jan 2002

Community Prosecutors, Anthony V. Alfieri

Articles

No abstract provided.


Why Sharks May Have Nothing To Fear More Than Fear Itself: An Analysis Of The Effect Of Human Attitudes On The Conservation Of The Great White Shark, Romney Philpott Jan 2002

Why Sharks May Have Nothing To Fear More Than Fear Itself: An Analysis Of The Effect Of Human Attitudes On The Conservation Of The Great White Shark, Romney Philpott

Colorado Environmental Law Journal

No abstract provided.