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The State Of Utah V. Lisa Victoria Corwell : Brief Of Petitioner, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

ON WRIT OF CERTIORARI TO THE UTAH COURT OF APPEALS

Jacobsen Construction V. Teton Builders : Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

APPEAL FROM AN INTERLOCUTORY ORDER OF

THE THIRD JUDICIAL DISTRICT COURT FOR SALT LAKE COUNTY

HONORABLE ROBERT K. HILDER, DISTRICT COURT JUDGE

Jacobsen Construction V. Teton Builders : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

APPEAL FROM AN INTERLOCUTORY ORDER OF

THE THIRD JUDICIAL DISTRICT COURT FOR SALT LAKE COUNTY,

HONORABLE ROBERT K. HILDER, DISTRICT JUDGE

Jacobsen Construction Company, Inc., A Utah Corporation, Plaintiff And Appellee, Vs. Teton Builders, A Wyoming Corporation, And Thomas R. Hunter, An Individual, Defendants And Appellants : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

JACOBSEN CONSTRUCTION COMPANY, INC., a Utah corporation, Plaintiff and Appellee, vs. TETON BUILDERS, a Wyoming corporation, and THOMAS R. HUNTER, an individual, Defendants and Appellants. APPELLANTS' REPLY BRIEF Supreme Court No. 20030727-SC APPEAL FROM AN INTERLOCUTORY ORDER OF THE THIRD JUDICIAL DISTRICT COURT FOR SALT LAKE COUNTY, HONORABLE ROBERT K. HILDER, DISTRICT JUDGE

Tyler Hansen And The Workers Compensation Fund Of Utah V. Amanda S. Eyre And The Nature And The Conservancy : Brief Of Petitioner, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

ON CERTIORARI FROM A DECISION OF THE UTAH COURT OF APPEALS

Tyler Hansen And The Workers Compensation Fund Of Utah, Plaintiffs And Petitioners, V. Amanda S. Eyre And The Nature Conservancy, Defendants And Respondents : Brief Of Respondent, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

TYLER HANSEN and THE WORKERS COMPENSATION FUND OF UTAH, Plaintiffs and Petitioners, v. AMANDA S. EYRE and THE NATURE CONSERVANCY, Defendants and Respondents. BRIEF OF RESPONDENT THE NATURE CONSERVANCY Supreme Court Case No.: 20030731-SC Court of Appeals Case No.: 20020498-CA ON CERTIORARI TO THE UTAH COURT OF APPEALS

Gary Machan V. Unum Life Insurance Company Of America : Reply Brief Of Co-Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Certification From the U.S. District Court for the District of Utah, Civil No. 2:00 CV 904PGC Honorable Paul G. Cassell, Presiding

Gary Machan V. Unum Life Insurance Company Of America : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Certification Order from the Honorable Paul G. Cassell, United States District Court, District of Utah, Central Division

Gary Machan V. Unum Life Insurance Company Of America : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

BRIEF OF CO-APPELLANT UNUM LIFE INSURANCE COMPANY OF AMERICA.

Russell Packard Development, Inc., A California Corporation; And Lawrence M. Russell, An Individual V. Joel M. Carson, An Individual; William Bustos, An Individual; And John Thomas, An Individual : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal on Certiorari from the Utah Court of Appeals Judges Billings, Thorne, and Bench.

Byron Child Christiansen And Merrilee Christiansen, Husband And Wife V. Farmers Insurance Exchange : Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

BRIEF OF PLAINTIFFS/APELLEES BYRON CHILD CHRISTIANSEN AND MERRILEE CHRISTIANSEN ON THE INTERLOCUTORY APPEAL FROM THE THIRD DISTRICT COURT, HONORABLE JOSEPH C. FRATTO, JR.

Holly Wayment V. Clear Channel Broadcasting Inc., And Jon Fischer, And Patrick Benedict : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

No abstract provided.

Holly Wayment V. Clear Channel Broadcasting Inc, And Jon Fischer, And Patrick Benedict : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

No abstract provided.

State Of Utah V. Miguel Angel Lara : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

No abstract provided.

Between A Hard Rock And A Hard Place: Politics, Midnight Regulations And Mining, Andrew P. Morriss, Roger E. Meiners, Andrew Dorchak

Faculty Scholarship

Since the California Gold Rush in 1848, the mining of hard rock minerals (e.g., gold, silver, and similar minerals) on public lands has been based on the principle that discovery and development of mineral resources led to private ownership, promoting exploration and discovery of mineral resources. As with other nineteenth century land disposal statutes, such as the various homestead laws, the General Mining Law of 1872 provides for provision of mineral rights and even fee simple title to land based on the satisfaction of conditions related to use of the land and does not require significant payments to the federal …

More Pieces Of The Ceo Compensation Puzzle, Franklin G. Snyder

Faculty Scholarship

No current issue in corporate governance is more hotly debated than the question, "Why are American CEOs paid such high salaries?" A recent and influential answer, dubbed the "managerial power" approach, has an appealing simplicity: CEOs so thoroughly control their firms' compensation-setting machinery that they simply pay themselves whatever they want, restrained only by the tenuous limits of their own avarice and the vague need to avoid public "outrage." As an explanation for a complex process, however, the simplistic managerial power approach is so flawed as to be nearly useless. The single most intriguing feature of CEO compensation for example, …

Institutionalization: What Do Empirical Studies Tell Us About Court Mediation?, Bobbi Mcadoo, Nancy A. Welsh, Roselle L. Wissler

Faculty Scholarship

In the 25 years since the Pound Conference, federal and state courts throughout the country have adopted mediation programs to resolve civil disputes. This increased use of mediation has been accompanied by a small but growing body of research examining the effects of certain choices in designing and implementing court-connected mediation programs.

This article focuses on the lessons that seem to be emerging from the available empirical data regarding best practices for programs that mediate non-family civil matters. Throughout the article, we consider the answers provided by research to three questions: (1) How does program design affect the success of …

Law And Judicial Duty, Philip A. Hamburger

Faculty Scholarship

Two hundred years ago, in Marbury v. Madison, Chief Justice Marshall delivered an opinion that has come to dominate modern discussions of constitutional law. Faced with a conflict between an act of Congress and the U.S. Constitution, he explained what today is known as "judicial review." Marshall described judicial review in terms of a particular type of "superior law" and a particular type of "judicial duty." Rather than speak generally about the hierarchy within law, he focused on "written constitutions."

He declared that the U.S. Constitution is "a superior, paramount law" and that if "the constitution is superior to any …

Of Legal Transplants, Legal Irritants, And Economic Development, Katharina Pistor, Daniel Berkowitz

Faculty Scholarship

The collapse of the socialist system has given way to unprecedented economic and legal reforms in the former socialist countries. Over the past decade they have enacted new legislation in all areas of the law, drawing heavily on legal models from developed market economies, including common law and civil law countries. While the transplanted laws now on the books is largely consistent with Western practice, the enforcement of these new laws is often ineffective (Berkowitz, Pistor, and Richard, 2003).

Making Markets: Network Effects And The Role Of Law In The Creation Of Strong Securities Markets, Robert B. Ahdieh

Faculty Scholarship

As Russia and other formerly socialist states construct market economies, the appearance of strong securities markets remains an unfulfilled expectation. Notwithstanding broad privatization of state-owned enterprises and the elimination of industrial subsidies - essential precursors to demand for capital-raising securities markets - stock markets in Central and Eastern Europe remain illiquid, inefficient, and unreliable.

Strong securities markets do not, it seems, neatly follow from the welfare-maximizing behavior of individuals and institutions. Nor can the appearance of securities markets be effectively dictated by government decree. Post-communist securities market transition therefore presents a puzzle: Do markets emerge, or must they be created? …

Agora (Continued): Future Implications Of The Iraq Conflict: Editors' Note, Lori Fisler Damrosch, Bernard H. Oxman

Faculty Scholarship

This Agora continues the discussion of future implications of the Iraq conflict begun in the previous issue of the Journal. While the contributions to the first installment of the Agora concentrated mainly on the decision to initiate combat against Iraq in spring 2003 and the implications thereof for the restraints on use of force in the UN Charter and customary international law, the present pieces shift the focus to the management of the transition within Iraq in the aftermath of the military intervention.

A Comment On Grutter And Gratz V. Bollinger, Lee C. Bollinger

Faculty Scholarship

Now that the Supreme Court has definitively resolved (at least for a generation) the issue of the constitutionality of affirmative action in American higher education, thereby continuing without major adjustment what has been the practice in our selective colleges and universities for more or less the last thirty years, it is easy to forget how different the United States would have looked in the years ahead if only one vote had shifted to the dissenting side. Just how precipitous and long-lasting the decline in racial and ethnic diversity would have been is a complicated matter, but that it would have …

Policy Recommendations For Dispute Prevention And Dispute Settlement In Transatlantic Relations: Legal Perspectives, George A. Bermann

Faculty Scholarship

The concrete case studies and general policy analyses that were the subject of inquiry in the conferences culminating in the present volume have predictably generated a series of distinctly legal – as well as political – reflections on dispute prevention and dispute settlement in the transatlantic arena. One of the merits of the dual (concrete and abstract) approach that has been adopted for these conferences is its capacity to provide a check against the risks that would result either from divorcing this study from the realities of disputes or from relying exclusively on potentially idiosyncratic dispute scenarios. The recommendations to …

What Caused Enron? A Capsule Social And Economic History Of The 1990s, John C. Coffee Jr.

Faculty Scholarship

The sudden explosion of corporate accounting scandals and related financial irregularities that burst over the financial markets between late 2001 and the first half of 2002 e.g., Enron, WorldCom, Tyco, Adelphia, and others-raises an obvious question: why now? What explains the sudden concentration of financial scandals at this moment in time? Much commentary has rounded up the usual suspects and blamed the scandals on a decline in business morality, “infectious greed,” and similar subjective trends that cannot be reliably measured.

The Interface Of National Constitutional Systems With International Law And Institutions On Using Military Force: Changing Trends In Executive And Legislative Powers, Lori Fisler Damrosch

Faculty Scholarship

The perplexities of the twenty-first century over national decision-making in support of international security are an outgrowth of centuries-long trends concerning subordination of military power to constitutional control. Civilian control over the military has been inextricably connected with the strengthening of domestic constitutionalism and safeguards for citizens' liberties in many different democracies.

Along with the establishment of constitutional structures for regulating national military power, national constitutions have contributed to the evolution of contemporary international law prohibiting the use or threat of force in international relations. Milestones along this path begin with the French Constitution of 1791 – the first national …

Reflections On The Life And Work Of Justice Byron R. White, Lance Liebman

Faculty Scholarship

I am honored to be at this distinguished law school. Lee Irish and I were law clerks for Justice White the same year, at a time when a Justice only had two law clerks. Those were the days when the people older than us, who had been clerks when there was only one clerk in each office, would say, "You don't have the same experience, because the Justice is dealing with two of you so it is not as intense." Of course, now with as many as four clerks in each office, it is different still.

Lee and I had …

States And Internet Enforcement, Joel R. Reidenberg

Faculty Scholarship

This essay addresses the enforcement of decisions through internet instruments. The starting point is a brief justification of internet enforcement as the obligation of democratic states. Next, the essay argues that the movement to re-engineer the internet infrastructure by public and private actions also facilitates state enforcement of legal and policy decisions. The essay maintains that states will increasingly try to use network intermediaries such as payment systems and Internet Service Providers as enforcement instruments. Finally, and most importantly, the essay focuses on ways that states may harness the power of technological instruments such as worms, filters and packet interceptors …

Assessing Theories Of Global Governance: A Case Study Of International Antitrust Regulation, Anu Bradford

Faculty Scholarship

An effective, legitimate model of global governance must strike a delicate balance between national sovereignty and international cooperation. As such, governance on an international level is a constantly evolving discourse among multiple actors whose respective roles and influence vary across time and policy realms. The participation of multiple actors in global governance is widely recognized, but there is considerable disagreement as to the appropriate distribution of power among these participants and the optimal pattern for their interaction. We may never be able to construct an ideal global governance model. But the attempt to create such a model by examining the …

Use Of Ground-Based Canopy Reflectance To Determine Radiation Capture, Nitrogen And Water Status, And Final Yield In Wheat, Glen L. Ritchie

Publications

Ground-based spectral imaging devices offer an important supplement to satellite imagery. Hand-held, ground-based sensors allow rapid, inexpensive measurements that are not affected by the earth’s atmosphere. They also provide a basis for high altitude spectral indices. We quantified the spectral reflectance characteristics of hard red spring wheat (Triticum aestivum cv. Westbred 936) in research plots subjected to either nitrogen or water stress in a two year study. Both types of stress reduced ground cover, which was evaluated by digital photography and compared with ten spectral reflectance indices. On plots with a similar soil background, simple indices such as the normalized …

An Accuser-Obligation Approach To The Confrontation Clause, Sherman J. Clark

Articles

This Essay argues that the Confrontation Clause of the Sixth Amendment ought to be re-understood as primarily an accuser's obligation rather than primarily as a defendant's right. We demand that those who would perform this potentially dangerous, morally weighty, and symbolically loaded act-the act of accusation-be willing to do so face to face. We impose this requirement not only because out-of-court accusations are unreliable, though they may often be, but also in response to a deep, if inchoate, feeling that it is somehow beneath us inconsistent with our sense of who we want to be as a community-to allow witnesses …