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State Of Utah V. One 1983 Pontiac : Brief Of Respondent, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from the Judgment of the First Judicial District Court in and for Cache County, State of Utah, the Honorable VeNoy Christoffersen presiding.

State Of Utah V. Danny Richards : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

APPEAL FROM A JUDGMENT AND SENTENCE FOR ASSAULT, A CLASS B MISDEMEANOR, IN THE THIRD JUDICIAL DISTRICT, IN AND FOR SALT LAKE COUNTY STATE OF UTAH, THE HONORABLE JAY E. BANKS, JUDGE, PRESIDING.

State Of Utah V. Danny Richards : Brief Of Respondent, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

APPEAL FROM THE SENTENCE IMPOSED FOR SIMPLE ASSAULT, IN THE THIRD JUDICIAL DISTRICT COURT IN AND FOR SALT LAKE COUNTY, STATE OF UTAH, THE HONORABLE JAY E. BANKS, JUDGE, PRESIDING.

The State Of Utah V. Gerald W. Deitman And Albert D. Lozano : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from a conviction and judgment of burglary felony of the third degree and theft, a felony in the second degree, in the Third Judicial District Court in and for Salt Lake County, State of Utah, the Honorable Homer F. Wilkinson presiding.

The State Of Utah V. Gerald W. Deitman And Albert D. Lozano : Brief Of Respondent, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

APPEAL FROM CONVICTION OF BURGLARY AND THEFT, THIRD DEGREE FELONIES, IN VIOLATION OF UTAH CODE ANN. § 76-6-20 2 (197 8) AND UTAH CODE ANN. § 76-6-412 (1978), IN THE THIRD JUDICIAL DISTRICT COURT IN AND FOR SALT LAKE COUNTY, STATE OF UTAH, THE HONORABLE HOMER F. WILKINSON, PRESIDING.

Vouchers And Steering, Vincent A. Blasi

Faculty Scholarship

Does the Establishment Clause require that educational voucher programs not be designed in a manner that encourages parents to choose religious schools over secular alternatives? If there is such an "anti-steering" principle implicit in the First Amendment, how should courts elaborate and enforce it?

In this response, I will compare how Professors Lupu and Tuttle and the Court majority in Zelman v. Simmons-Harris, the decision last June upholding the Cleveland voucher plan, answer these important questions. I will evaluate their analyses at three levels: (1) basic Establishment Clause values and priorities; (2) doctrinal standard for identifying impermissible favoritism toward …

Policing Disorder: Can We Reduce Serious Crime By Punishing Petty Offenses?, Bernard E. Harcourt

Faculty Scholarship

Punishment in these late modem times is marked by two striking developments. The first is a stunning increase in the number of persons incarcerated. Federal and state prison populations nationwide have increased from less than 200,000 in 1970 to more than 1,300,000 in 2000, with another 600,000 persons held in local jails.1 Today, approximately 2 million men and women are incarcerated in prisons and jails in this country.The intellectual rationale for this increase is provided by "incapacitation theory''-the idea that a hardcore 6 percent of youths and young adults are responsible for the majority of crime and that locking up …

Afterword: The Question Of Linkage, Jagdish N. Bhagwati

Faculty Scholarship

Commenting on the papers in this symposium is paradoxically a difficult task. The authorsare remarkably distinguished and one can only learn from what they write. Indeed, I have learned much from them (especially from Dean David Leebron's splendid clarification of several aspects of linkage, a paper that shows that he should have been an Oxford philosopher if only he had not been such a successful legal scholar). Yet it is easy for an invited commentator to be overwhelmed by despair because the authors write for the most part as if in a research vacuum. There is little attempt at relating …

Expanding The Evidentiary Frame For Cooperating Witnesses, Daniel C. Richman

Faculty Scholarship

One telling feature of this conference as a whole has been the extent to which speakers have focused on the cooperation dynamic outside the courtroom. Prosecutors should take more pains to avoid suborning or even unconsciously encouraging perjury by the cooperator who is looking for a lower sentence. Courts and disciplinary authorities should ensure that such pains are taken.

What's interesting is how little attention has been given to changing what happens in front of the jury. Since our assignment has been to think "outside of the box" (which usually means proposing something interesting but really wrong or dangerous), I'd …

Facing The Urban Future After September 11, 2001, Richard Briffault

Faculty Scholarship

In this essay I would like to address briefly four issues of importance to local governments raised by the September 11 attack and its aftermath. These issues are the role of local governments in addressing questions of public safety and preparedness; the relations among local governments within a region in responding to terrorism; the role of the federal government in the local response to terrorism; and the implications of September 11 for the structures and functions of local government. These issues are interconnected. Certainly, an effective local response to the public safety challenge posed by terrorism will require more coordinated …

New Death Penalty Debate: What's Dna Got To Do With It, James S. Liebman

Faculty Scholarship

The nation is engaged in the most intensive discussion of the death penalty in decades. Temporary moratoria on executions are effectively in place in Illinois and Maryland, and during the winter 2001 legislative cycle legislation to adopt those pauses elsewhere cleared committees or one or more houses of the legislature, not only in Connecticut (passed the Senate Judiciary Committee) and Maryland (where it passed the entire House, and the Senate Judiciary Committee) but in Nevada (passed the Senate) and Texas (passed committees in both Houses). In the last year, abolition bills have passed or come within a few votes of …

Racial Justice: Moral Or Political?, Kendall Thomas

Faculty Scholarship

Nearly one hundred years ago, W.E.B. DuBois predicted that the problem of the 20th century would be the problem of the color line. Were he writing today, DuBois might well conclude that in the U.S., the problem of the coming century will be the problem of the color-bind. Although Americans arguably remain "the most 'race-conscious' people on earth," our national conversation about "race" now stands at an impasse. Our ways of talking, or refusing to talk, about race increasingly speak past the racialized dilemmas of educational equity, affirmative action, poverty, welfare reform, housing, lending, labor and employment discrimination, health …

Unf Journal Winter 2002, University Of North Florida

UNF Journal

A university periodical for alumni and friends of the University of North Florida.

Economic Development, Competition Policy, And The World Trade Organization, Bernard Hoekman, Petros C. Mavroidis

Faculty Scholarship

At the recent WTO ministerial meeting in Doha, Qatar, WTO members called for the launch of negotiations on disciplines relating to competition, on the basis of explicit consensus on modalities to be agreed at the 5th WTO ministerial in 2003. Discussions in WTO since 1997 have revealed little support for ambitious multilateral action. Proponents of WTO antitrust disciplines currently propose an agreement that is limited to ‘core principles’ – nondiscrimination, transparency, and provisions banning ‘hard core’ cartels. We argue that an agreement along such lines will create compliance costs for developing countries while not addressing the anticompetitive behavior of firms …

A Broken System, Part Ii: Why There Is So Much Error In Capital Cases And What Can Be Done About It, James S. Liebman, Jeffrey A. Fagan, Andrew Gelman, Valerie West, Garth Davies, Alexander Kiss

Faculty Scholarship

There is growing awareness that serious, reversible error permeates America’s death penalty system, putting innocent lives at risk, heightening the suffering of victims, leaving killers at large, wasting tax dollars, and failing citizens, the courts and the justice system.

Our June 2000 Report shows how often mistakes occur and how serious it is: 68% of all death verdicts imposed and fully reviewed during the 1973-1995 study period were reversed by courts due to serious errors.

Analyses presented for the first time here reveal that 76% of the reversals at the two appeal stages where data are available for study were …

Measured Interpretation: Introducing The Method Of Correspondence Analysis To Legal Studies, Bernard E. Harcourt

Faculty Scholarship

Professor Harcourt develops and advocates a method to more rigorously measure and evaluate how qualitative “social meaning” variables relate to legal practices and public policies. The method integrates in-depth qualitative interviews with an experimental free associational component, map analysis of the interviews, and a methodology, correspondence analysis, that remains little known in the United States despite its acceptance in other parts of the world. Correspondence analysis, according to Professor Harcourt, is a tool that allows researchers to visually represent the relationship between structures of social meaning and the contexts and practices within which they are embedded. This method opens up …

Public Funds And The Regulation Of Judicial Campaigns, Richard Briffault

Faculty Scholarship

Recent discussions of judicial election campaigns have been marked by two themes: (i) the growing costs of such campaigns, with concerns over the roles of large contributions and independent spending, the burden of fundraising for candidates, and the implications of campaign finance practices for judicial decision-making; and (ii) the changing nature of campaigning, as elections that were once “low-key affairs, conducted with civility and dignity,” have become increasingly politicized, marked by heated charges and sharp criticisms of the records and decisions of sitting judges. The two developments are surely intertwined, with the more bitter and hard-fought campaigns funded by rapidly …

Parallel Lives: Women's Rights And Lesbian Rights Litigation, Suzanne B. Goldberg

Faculty Scholarship

I love the title of this panel because it gave me a chance to think about the historical themes and emerging issues in law related to women's rights, which of course is a mere endless set of possibilities.

I spent much of the last decade doing lesbian and gay civil rights litigation, and the question that I will focus on today grows out of that work and is a comparative one or at least a relational one. The question is this: What is the relationship between women's rights litigation as it has evolved in the last thirty years and lesbian …

Unifying Commercial Law In The New Century, Lance Liebman

Faculty Scholarship

I join enthusiastically in the applause for Fred Miller's service as Executive Director of the National Conference of Commissioners on Uniform State Laws (NCCUSL). Without question, Fred is the outstanding contemporary embodiment of the passion that led fifty years ago to the achievement of a uniform commercial law among the American states. His work serves a worthy cause, and the American Law Institute (ALI) is proud to have been a partner in the venture and to have played its appropriate instruments in the orchestra that Fred has been conducting.

That said, and Fred's integrity, intelligence, and steadfastness appropriately noted, it …

Patent Signals, Clarisa Long

Faculty Scholarship

Courts and commentators often treat intellectual property as if the private value of the rights stemmed entirely from the control legal rules conferred over the protected subject matter. While the literature has devoted an enormous amount of time, paper, and ink to the discussion of whether legal rules grant the optimal amount of exclusivity, it has not considered whether it has been examining all the functions of patents This Article provides a new general framework for analyzing the function and effect of intellectual property rules. Rather than focusing on patents as a mechanism for privatizing information, this Article instead frames …

Trade And Poverty In The Poor Countries, Jagdish N. Bhagwati, T.N. Srinivasan

Faculty Scholarship

While freer trade, or “openness” in trade, is now widely regarded as economically benign, in the sense that it increases the size of the pie, the recent anti-globalization critics have suggested that it is socially malign on several dimensions, among them the question of poverty.

Their contention is that trade accentuates, not ameliorates, and that it deepens, not diminishes, poverty in both the rich and the poor countries. The theoretical and empirical analysis of the impact of freer trade on poverty in the rich and in the poor countries is not symmetric, of course. We focus here only on the …

The Future Of Reform: Campaign Finance After The Bipartisan Campaign Reform Act Of 2002, Richard Briffault

Faculty Scholarship

On March 27, 2002, President George W. Bush signed the Bipartisan Campaign Reform Act of 2002 ("BCRA" or "the Act") into law. The culmination of a protracted six-year legislative and political struggle, BCRA is the most significant change in federal campaign finance law since the early 1970s, when the Federal Election Campaign Act ("FECA") of 1971 and FECA Amendments of 1974 were adopted. The Act addresses a broad range of campaign finance issues, including fundraising on federal property, contributions by foreign nationals, donations to the presidential inauguration committee, electronic filing and Internet access to campaign disclosure reports, and penalties for …

Challenging A Tradition Of Exclusion: The History Of An Unheard Story At Harvard Law School, Luz E. Herrera

Faculty Scholarship

In a series of lectures at Harvard University, Professors Lani Guinier and Gerald Torres posited that people of color are the "miner's canary" in American society. Guinier and Torres argue that pursuing color blindness policies is dangerous because it ignores racial differences that affect every aspect of our society. According to Guinier and Torres, like the miner's canary that uses a call of distress to warn the miner of the hazardous atmosphere in the mine, the critiques people of color offer our institutions are warning signals to alert us to the presence of more systemic problems. Instead of relegating the …

Disputants' Decision Control In Court-Connected Mediation: A Hollow Promise Without Procedural Justice, Nancy A. Welsh

Faculty Scholarship

Professor Deborah Hensler suggests in the lead article of this Symposium issue that the courts' embrace of facilitative, interest-based mediation may have been ill-conceived. She argues that there is insufficient evidence to conclude that litigants are more satisfied with mediation than with adjudicative alternatives such as arbitration and trial. She also urges that there is sufficient evidence to show that litigants prefer processes that vest decision control in third parties. Both of these assertions are subject to challenge,' but this Comment will focus upon the significance of giving decision control to the disputants in consensual processes.

Using available research, this …

Iowa Journal Of Communication, Volume 34, Number 2, Fall 2002 [Download Entire Issue]

Iowa Journal of Communication

No abstract provided.

Function Of The Heterocercal Tail In Sharks: Quantitative Wake Dynamics During Steady Horizontal Swimming And Vertical Maneuvering, C. D. Wilga, G. V. Lauder

Biological Sciences Faculty Publications

The function of the heterocercal tail in sharks has long been debated in the literature. Previous kinematic data have supported the classical theory which proposes that the beating of the heterocercal caudal fin during steady horizontal locomotion pushes posteroventrally on the water, generating a reactive force directed anterodorsally and causing rotation around the center of mass. An alternative model suggests that the heterocercal shark tail functions to direct reaction forces through the center of mass. In this paper, we quantify the function of the tail in two species of shark and compare shark tail function with previous hydrodynamic data on …

Silkworm Genomics - Progress And Prospects, J. Nagaraju, Marian R. Goldsmith

Biological Sciences Faculty Publications

The biology and genetics of silkworm, Bombyx mori, is the most advanced of any lepidopteran species. Its rich repertoire of genetic resources and potential applications in sericulture and as a model for other Lepidoptera led to the initiation of genomics research. During the past decade much effort has been made in the areas of marker development, and molecular maps have been constructed in standard strains with the use of RFLPs, RAPDs, ISSRs, STSs, and microsatellites. The potential applications of molecular markers and linkage maps include stock identification, Marker Assisted Selection (MAS), identification of Quantitative Trait Loci (QTL), and, ultimately, …

Graduate Recital In Piano: April 22, 2002, Allison Rae Dencklau

Dissertations and Theses @ UNI

Allison Rae Dencklau, pianist, presented her graduate piano recital on Monday, April 22, 2002, at 6:00 in the evening in Davis Hall of the Gallagher-Bluedorn Performing Arts Center at the University of Northern Iowa in Cedar Falls, Iowa This piano recital was given in partial fulfillment of the Master of Music degree with an emphasis in Piano Performance and Pedagogy. Ms. Dencklau's program included works by Haydn, Brahms, Liszt, and Ginastera. This abstract includes a brief discussion of the lives of the composers as well as backgrounds and musical highlights of the recital pieces.

Migration And Cultural Identity: Performing The Afro-Caribbean Woman's Struggle, Elvinet Samantha Wilson

Dissertations and Theses @ UNI

Current research suggests a relationship between cultural identity negotiation and the phenomenon of border crossing. While a wealth of literature exists on the topic of migration, few studies reflect a scope that includes in-depth analysis of the experiences of Afro-Caribbean women in the United States.Through ethnographic and autoethnographic methodologies, and using a feminist theoretical lens, this study explores issues relating to cultural identity negotiation in the lives of 10 Black women from Jamaica, The Bahamas, and Trinidad, who now reside in the Midwest region of the United States. Analysis based on a grounded theory approach, allowed themes to emerge from …

Classroom Analysis Of Ross Perot And Diversity Using C-Span As A Data Base, Jim Schnell

Iowa Journal of Communication

Goal: To enhance student understanding of variables that comprise and impact the process of defining what connotes sensitivity and insensitivity with diversity issues and how journalistic interpretation can affect our perception via mass media.

This article presents a unique means for classroom analysis of the blend of politics and diversity issues. A primary objective in the development of my classroom assignments is to construct activities that convey theoretical understanding and illustrate correlation between theory and real world application. Theory and the application of theory should be woven into the fabric of knowledge. The use of C-SPAN videotapes, available from the …