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Allen Steel Company V. Deseret Title Holding Corporation : Response To Petition For Rehearing, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appea] from, the Third .Judicial District Court in and for Salt Lake County, State of Utah The Honorable Scott Daniels, District Court Judge, Presidi ng

Allen Steel Company V. Deseret Title Holding Corporation : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

APPEAL FROM THE JUDGMENT OF THE THIRD JUDICIAL DISTRICT COURT OF SALT LAKE COUNTY, STATE OF UTAH THE HONORABLE SCOTT DANIELS, PRESIDING

Mark L. Johnson And Carol Ann Nielson, On Behalf Of Themselves And As Representatives Of All Others Similarly Situated V. Utah State Retirement Office, A Utah State Agency : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

APPEAL FROM THE SUMMARY JUDGMENT OF THE THIRD JUDICIAL DISTRICT COURT FOR SALT LAKE COUNTY, STATE OF UTAH HONORABLE JAMES S. SAWAYA, JUDGE.

The State Of Utah V. Lauren Scott Chancellor : Brief Of Respondent, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

APPEAL FROM THE JUDGMENT OF THE DISTRICT COURT OF DAVIS COUNTY, UPHOLDING THE CIRCUIT COURTS CONVICTIONS FOR DRIVING A MOTOR VEHICLE WITH A REVOKED LICENSE AND FAILURE TC OEEY A POLICE OFFICER, -TTF' HONORABLE RODNEY S. PAGE, PRESIDING

Saundra Brower And Frank Oscar Brower V. Dr. David W. Brown, And I.H.C. Hospitals, Inc., A Corporation, And I.H.C. Hospitals, Inc., A Corporation Valley View Medical Center : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

REPLY BRIEF OF APPELLANTS SAUNDRA BROWER AND FRANK OSCAR BROWER.

Saundra Brower And Frank Oscar Brower V. Dr. David W. Brown, And I.H.C. Hospitals, Inc., A Corporation, And I.H.C. Hospitals, Inc., A Corporation Dba Valley View Medical Center : Brief Of Respondent, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from the Judgment of the Fifth Judicial District Court, Iron County, Judge Allen B. Sorensen.

Saundra Brower And Frank Oscar Brower V. Dr. David W. Brown And I. H. C. Hospitals, Inc. : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

APPEAL FROM JUDGMENTS AND ORDER OF THE FIFTH JUDICIAL DISTRICT COURT OF IRON COUNTY, STATE OF UTAH, CASE No. 10202, Honorable Allen B. Sorensen, District Judge Ret., JUDGE

The State Of Utah V. Blaine D. Casper : Response To Petition For Rehearing, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

A REPLY TO A PETITION FOR RECONSIDERATION OF A PER CURIAM DECISION BY THE UTAH SUPREME COURT FILED FEBRUARY 27, 1986, IN AN APPEAL FROM A GUILTY PLEA AND CONVICTION OF AGGRAVATED BURGLARY, A FIRST DEGREE FELONY, AND AGGRAVATED ASSAULT, A THIRD DEGREE FELONY, IN THE THIRD JUDICIAL DISTRICT, SALT LAKE COUNTY, STATE OF UTAH, THE HONORABLE JAY E. BANKS, PRESIDING.

The State Of Utah V. Blaine D. Casper : Petition For Rehearing, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Petition for reconsideration of per curiam decision by the Utah Supreme Court filed February 27, 1986/in an appeal from a guilty plea and conviction of Aggravated Burglary, a felony of the First Degree, and Aggravated Assault, a felony of the Third Degree, 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. Paul A. Branch : Petition For Rehearing, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Petition for reconsideration of a decision by the Utah Supreme Court, Opinion No. 20557, filed September 17, 1987, in an appeal from a conviction and judgment for Aggravated Robbery, a first degree felony with firearms enhancement; Aggravated Assault, a third degree felony; Theft, a second degree felony and Being a Habitual criminal, a first degree felony, in the Third Judicial District Court in and for Salt Lake County, the Honorable Leonard H. Russon, Judge, presiding.

State Of Utah V. Paul Anthony Branch : Brief Of Respondent, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

APPEAL FROM CONVICTIONS OF AGGRAVATED ROBBERY, A FIRST DEGREE FELONY, AGGRAVATED ASSAULT, A THIRD DEGREE FELONY, THEFT, A SECOND DEGREE FELONY, AND OF BEING A HABITUAL CRIMINAL, IN THE THIRD JUDICIAL DISTRICT COURT IN AND FOR SALT LAKE COUNTY, STATE OF UTAH, THE HONORABLE LEONARD H. RUSSON, JUDGE, PRESIDING.

Utah V. Branch : Addenda, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Re: State v. Branch, Case No. 20557.

The State Of Utah V. Orlando F. Roybal : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from a conviction and judgment imposed for Possession of a Dangerous Weapon by a Restricted Person, a felony of the second degree, in the Third Judicial District, in and for Salt Lake County, State of Utah, the Honorable Homer F. Wilkinson, Presiding.

The State Of Utah V. Roberto Tarafa : Brief Of Respondent, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

APPEAL FROM CONVICTION OF TWO COUNTS OF THEFT BY RECEIVING, THIRD DEGREE FELONIES, IN VIOLATION OF UTAH CODE ANN. § 76-6-408 (1978), IN THE THIRD JUDICIAL DISTRICT COURT, IN AND FOR SALT LAKE COUNTY, STATE OF UTAH, THE HONORABLE J. DENNIS FREDERICK, PRESIDING.

The State Of Utah V. Roberto Tarafa : Brief Of Respondent, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

APPEAL FROM CONVICTION OF TWO COUNTS OF THEFT BY RECEIVING, THIRD DEGREE FELONIES, IN VIOLATION OF UTAH CODE ANN. § 76-6-408 (1978), IN THE THIRD JUDICIAL DISTRICT COURT, IN AND FOR SALT LAKE COUNTY, STATE OF UTAH, THE HONORABLE J. DENNIS FREDERICK, PRESIDING.

The State Of Utah V. Raymond Jeffrey Johnson : Brief Of Respondent, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

APPEAL FROM CONVICTION OF AGGRAVATED ROBBERY, A FIRST DEGREE FELONY, IN VIOLATION OF UTAH CODE ANN. S 76-6-302 (1978) THEFT, A SECOND DEGREE FELONY, IN VIOLATION OF UTAH CODE ANN. S 76-6-412 (1978) AND § 76-6-404 (1978) ,AND AGGRAVATED ASSAULT, A THIRD DEGREE FELONY, IN VIOLATION OF UTAH CODE ANN. § 76-5-103 (1978), IN THE THIRD JUDICIAL DISTRICT COURT IN AND FOR SALT LAKE COUNTY, STATE OF UTAH, THE HONORABLE LEONARD H. RUSSON, PRESIDING.

State Of Utah V. Raymond Jeffrey Johnson : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

APPEAL FROM A JUDGMENT AND COMMITMENT BY THE THIRD JUDICIAL DISTRICT COURT, SALT LAKE COUNTY, STATE OF UTAH, THE HONORABLE LEONARD H. RUSSON, JUDGE PRESIDING.

Victor Price V. Utah Power And Light Company, A Utah Corporation, And David Zserai : Brief Of Respondent, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from Judgment and Orders of the Seventh Judicial District Court of Emery County, The Honorable Judge, Boyd Bunnell, Presiding.

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 …