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2004

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State Of Utah V. Robert Brian Pedockie : Brief Of Petitioner, Utah Supreme Court Jan 2004

State Of Utah V. Robert Brian Pedockie : Brief Of Petitioner, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

BRIEF OF PETITIONER

ON WRIT OF CERTIORARI TO THE UTAH COURT OF APPEALS


State Of Utah V. Alex Montiel : Brief Of Respondent, Utah Supreme Court Jan 2004

State Of Utah V. Alex Montiel : Brief Of Respondent, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

BRIEF OF RESPONDENT

WRIT OF CERTIORARI FOLLOWING THE COURT OF APPEALS' AFFIRMANCE OF DEFENDANT'S CONVICTION FOR AGGRAVATED ROBBERY, A FIRST DEGREE FELONY, IN VIOLATION OF UTAH CODE ANN. § 76-6-302 (1999), WITH A GANG ENHANCEMENT PURSUANT TO UTAH CODE ANN. § 76-3-203.1 (SUPP. 2001), IN THE THIRD JUDICIAL DISTRICT COURT, IN AND FOR SALT LAKE COUNTY, STATE OF UTAH, THE HONORABLE TIMOTHY R. HANSON PRESIDING


Florida Asset Financing Corporation V. Utah Labor Commission; Employer's Reinsurance Fund; And Robert W. Williams, An Individual : Brief Of Appellee, Utah Supreme Court Jan 2004

Florida Asset Financing Corporation V. Utah Labor Commission; Employer's Reinsurance Fund; And Robert W. Williams, An Individual : Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

BRlEF of RESPONDENT, UTAH LABOR COMMISSION Review by Certiorari from the Utah Court of Appeals


State Of Utah V. Richard Norris : Reply Brief, Utah Supreme Court Jan 2004

State Of Utah V. Richard Norris : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

APPEAL FROM THE UTAH COURT OF APPEAL'S JUDGMENT IN STATE V. NORRIS, 2004 UT APP 267, 97 P.3D 732, THAT THE COMMUNICATIONS FRAUD STATUTE IS NOT UNCONSTITUTIONALLY OVERBROAD; THE STATE APPEALS FROM THE HOLDING THAT A CHALLENGE TO THE CONSTITUTIONALITY OF A STATUTE IS JURISDICTIONAL IN NATURE.


Keri Lynne Jones Jones V. Cheryl Pike Barlow : Unknown, Utah Supreme Court Jan 2004

Keri Lynne Jones Jones V. Cheryl Pike Barlow : Unknown, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Jones v. Barlow, Case No. 20040932 Notice of Recently Issued Supplemental Authority


State Of Utah V. Shayne E. Todd : Brief Of Respondent, Utah Supreme Court Jan 2004

State Of Utah V. Shayne E. Todd : Brief Of Respondent, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

BRIEF OF RESPONDENT

ON WRIT OF CERTIORARI TO THE UTAH COURT OF APPEALS


State Of Utah V. Larry Neil Beckstead : Reply Brief, Utah Supreme Court Jan 2004

State Of Utah V. Larry Neil Beckstead : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

REPLY BRIEF OF PETITIONER

ON WRIT OF CERTIORARI TO THE UTAH COURT OF APPEALS


State Of Utah V. Larry Niel Beckstead : Brief Of Petitioner, Utah Supreme Court Jan 2004

State Of Utah V. Larry Niel Beckstead : Brief Of Petitioner, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

ON WRIT OF CERTIORARI TO THE UTAH COURT OF APPEALS


Brittney Fenn, On Behalf Of Herself, And All Others Similarly Situated, Plaintiff And Appellee, Vs. Mleads Enterprises, Inc., And John Does One Through Ten Whose True Names Are Unknown, Defendants And Appellants : Brief Of Appellee, Utah Supreme Court Jan 2004

Brittney Fenn, On Behalf Of Herself, And All Others Similarly Situated, Plaintiff And Appellee, Vs. Mleads Enterprises, Inc., And John Does One Through Ten Whose True Names Are Unknown, Defendants And Appellants : Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

BRITTNEY FENN, on behalf of herself, and all others similarly situated, Plaintiff and Appellee, vs. MLEADS ENTERPRISES, INC., and JOHN DOES one through ten whose true names are unknown, Defendants and Appellants

Supreme Court Case No.: 20041072-SC Appellate Case No.: 20030948-CA District Court Case No.: 030400108

APPELLEE'S OPPOSITION TO APPELLANTS' OPENING BRIEF


State Of Utah V. Trovon Donta Ross : Reply Brief, Utah Supreme Court Jan 2004

State Of Utah V. Trovon Donta Ross : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

This is the reply brief of appellant in an appeal from convictions for aggravated murder, a capital felony, attempted aggravated murder, a first degree felony, and failure to stop, a tliird degree felony, entered in the Second District Court of Davis County, State of Utah, the Honorable Rodney S. Page, Judge, presiding.


Vesttn Mortgage, Inc., Appellant And Petitioner And Plaintiff, Vs. First American Title Insurance Company, Appellee And Respondent And Defendant : Reply Brief, Utah Supreme Court Jan 2004

Vesttn Mortgage, Inc., Appellant And Petitioner And Plaintiff, Vs. First American Title Insurance Company, Appellee And Respondent And Defendant : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

VESTTN MORTGAGE, INC., Appellant/Petitioner and Plaintiff, vs. FIRST AMERICAN TITLE INSURANCE COMPANY, Appellee/Respondent and Defendant.

No. 20041132-SC

APPELLANT/PETITIONER'S REPLY BRIEF On Writ of Certiorari to the Utah Court of Appeals, Case No. 20030941-CA


Vestin Mortgage, Inc., Appellant/Petitioner And Plaintiff, Vs. First American Title Insurance Company, Appellee And Respondent And Defendant : Brief Of Appellant, Utah Supreme Court Jan 2004

Vestin Mortgage, Inc., Appellant/Petitioner And Plaintiff, Vs. First American Title Insurance Company, Appellee And Respondent And Defendant : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

VESTIN MORTGAGE, INC., Appellant/Petitioner and Plaintiff, vs. FIRST AMERICAN TITLE INSURANCE COMPANY, Appellee/Respondent and Defendant.

No. 20041132-SC

APPELLANT/PETITIONER'S OPENING BRIEF On Writ of Certiorari to the Utah Court of Appeals, Case No. 20030941-CA


Correction To "Breaking Of Thunderstorm-Generated Gravity Waves As A Source Of Short-Period Ducted Waves At Mesopause Altitudes", Jonathan B. Snively, Victor P. Pasko Jan 2004

Correction To "Breaking Of Thunderstorm-Generated Gravity Waves As A Source Of Short-Period Ducted Waves At Mesopause Altitudes", Jonathan B. Snively, Victor P. Pasko

Publications

No abstract provided.


Public Libraries And People In Jail, Kathleen De La Peña Mccook Jan 2004

Public Libraries And People In Jail, Kathleen De La Peña Mccook

School of Information Faculty Publications

Injustice anywhere is a threat to justice everywhere. We are caught in an inescapable network of mutuality, tied in a single garment of destiny. Whatever affects one directly, affects all indirectly.--Dr. Martin Luther King, Jr. Letter from Birmingham Jail, April 16, 1963. That detention can turn into a horror like that at Iraq's Abu Ghraib prison is hard to fathom, but incarceration of any sort always seems to exist on the edge of sanity, ready to transmute into grim, even fatal, encounters.[sup1] The inhumane treatment of prisoners in Iraq or Afghanistan is emblematic of the worst sort of pendulum swing …


Revisiting Standard-Setting Organizations' Patent Policies, Kraig A. Jakobsen Jan 2004

Revisiting Standard-Setting Organizations' Patent Policies, Kraig A. Jakobsen

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Wrongful Convictions: It Is Time To Take Prosecution Discipline Seriously, Ellen Yaroshefsky Jan 2004

Wrongful Convictions: It Is Time To Take Prosecution Discipline Seriously, Ellen Yaroshefsky

Hofstra Law Faculty Scholarship

No abstract provided.


Domain Knowledge And The Teaching Of Creative Legal Problem Solving, Stefan H. Krieger Jan 2004

Domain Knowledge And The Teaching Of Creative Legal Problem Solving, Stefan H. Krieger

Hofstra Law Faculty Scholarship

This article explores the relationship between students' knowledge of underlying legal doctrine and their ability to learn effective methods of practice in law school skills courses. One of the primary goals of skills training in law school, especially clinical legal education, is to teach students how to apply what they have learned in doctrinal courses in the “real world.” While much has been written about training students in proper methods of practice and problem solving in skills courses, little attention has been paid to the significance of doctrinal knowledge to this training. Reviewing recent cognitive psychology research on the development …


Securing Our Children’S Future: New Approaches To Juvenile Justice And Youth Violence, J. Herbie Difonzo Jan 2004

Securing Our Children’S Future: New Approaches To Juvenile Justice And Youth Violence, J. Herbie Difonzo

Hofstra Law Faculty Scholarship

Reviews the book "Securing Our Children's Future: New Approaches to Juvenile Justice and Youth Violence," by Gary S. Katzmann.


Beyond Formalism In Foreign Affairs: A Functional Approach To The Alien Tort Statute, Julian G. Ku, John Yoo Jan 2004

Beyond Formalism In Foreign Affairs: A Functional Approach To The Alien Tort Statute, Julian G. Ku, John Yoo

Hofstra Law Faculty Scholarship

This paper discusses the functional ability of federal courts to incorporate customary international law (CIL) through the vehicle of the Alien Tort Statute. In last Term's Sosa v. Alvarez Machain, the Supreme Court concluded that the Alien Tort Statute (ATS) is merely a jurisdictional statute, but also refused to stop the lower courts from allowing aliens to seek damages in federal court for certain international law violations.

We use the Court's under-theorized conclusion as an opportunity to move beyond largely inconclusive formalist debates about the ATS's text, structure, and history. Instead, we conduct a comparative institutional analysis of the …


Women, Globalization And Law: A Change Of World, Barbara Stark Jan 2004

Women, Globalization And Law: A Change Of World, Barbara Stark

Hofstra Law Faculty Scholarship

Globalization affects the social and political construction of a gendered "change of world" in four distinct but overlapping ways. First, globalization propels women into the public sphere of the marketplace. Like men, women need cash to survive in a global economy. Second, related but distinct, globalization weakens the public/private distinction. Traditional boundaries between the workplace and the home, the public sphere of the market and the private sphere of the family, become increasingly porous. Third, globalization increases women's visibility -through media exposure and through a growing body of sex-disaggregated UN data and its dissemination through the Internet. Researchers have noted …


In Praise Of Statutes Of Limitations In Sex Offense Cases, James Herbie Difonzo Jan 2004

In Praise Of Statutes Of Limitations In Sex Offense Cases, James Herbie Difonzo

Hofstra Law Faculty Scholarship

This Article explores what happens when spectacular scientific breakthroughs are administered within a criminal justice system whose stance of impartiality is often undermined by sloppy or tainted analysis and testimony as it copes with the pressure to resolve an enormous backlog of DNA samples. A hypothetical case involving the problems an attorney might face in representing a client many years after an accusation of rape serves as the frame for a discussion of both the serious issues and suggested reforms. After this Introduction, Part II reconsiders the policy behind statutes of limitations, both as originally understood and in light of …


Hydrologic Variability, Organic Matter Supply, Anddenitrification In The Garonne River Ecosystem, Michelle A. Baker, P. Vervier Jan 2004

Hydrologic Variability, Organic Matter Supply, Anddenitrification In The Garonne River Ecosystem, Michelle A. Baker, P. Vervier

Biology Faculty Publications

1. Groundwater nitrate contamination has become a worldwide problem as increasing amounts of nitrogen fertilisers are used in agriculture. Alluvial groundwater is uniquely juxtaposed between soils and streams. Hydrological connections among these subsystems regulate nutrient cycling.

2. We measured denitrification using an in situ acetylene‐block assay in a nitrate‐contaminated portion of the Garonne River catchment along a gradient of surface water–ground water mixing during high (snowmelt) and low flow.

3. During high flow (mid‐April to early June) the water table rose an average of 35 cm and river water penetrated the subsurface to a great extent in monitoring wells. Denitrification …


Two-Phase Species-Time Relationships In North American Land Birds, Ethan P. White Jan 2004

Two-Phase Species-Time Relationships In North American Land Birds, Ethan P. White

Biology Faculty Publications

The species-time relationship (STR) is a macroecological pattern describing the increase in the observed species richness with the length of time censused. Understanding STRs is important for understanding the ecological processes underlying temporal turnover and species richness. However, accurate characterization of the STR has been hampered by the influence of sampling. I analyzed species-time relationships for 521 breeding bird survey communities. I used a model of sampling effects to demonstrate that the increase in richness was not due exclusively to sampling. I estimated the time scale at which ecological processes became dominant over sampling effects using a two-phase model combining …


Embryo Donation: Unresolved Legal Issues In The Transfer Of Surplus Cryopreserved Embryos, Charles P. Kindregan Jr., Maureen Mcbrien Jan 2004

Embryo Donation: Unresolved Legal Issues In The Transfer Of Surplus Cryopreserved Embryos, Charles P. Kindregan Jr., Maureen Mcbrien

Villanova Law Review (1956 - )

No abstract provided.


Recent Case: The Third Circuit Holds That Pennsylvania Cannot Apply Its Ballot Access Law To Two Specific Candidates But Fails To Rule On The Law's Overall Constitutionality, Lauren Jean Mccloskey Jan 2004

Recent Case: The Third Circuit Holds That Pennsylvania Cannot Apply Its Ballot Access Law To Two Specific Candidates But Fails To Rule On The Law's Overall Constitutionality, Lauren Jean Mccloskey

Villanova Law Review (1956 - )

No abstract provided.


Making Eminent Domain Humane, Ralph Nader, Alan Hirsch Jan 2004

Making Eminent Domain Humane, Ralph Nader, Alan Hirsch

Villanova Law Review (1956 - )

No abstract provided.


Innocent Spouses: A Critique Of The New Tax Laws Governing Joint And Several Tax Liability, Lily Kahng Jan 2004

Innocent Spouses: A Critique Of The New Tax Laws Governing Joint And Several Tax Liability, Lily Kahng

Villanova Law Review (1956 - )

No abstract provided.


The Intersection Of Law And Medicine: The Case For Providing Federal Funding For Embryonic Stem Cell Research, Allison B. Newhart Jan 2004

The Intersection Of Law And Medicine: The Case For Providing Federal Funding For Embryonic Stem Cell Research, Allison B. Newhart

Villanova Law Review (1956 - )

No abstract provided.


Sarbanes-Oxley 307: Trusted Counselors Or Informers, M. Peter Moser, Stanley Keller Jan 2004

Sarbanes-Oxley 307: Trusted Counselors Or Informers, M. Peter Moser, Stanley Keller

Villanova Law Review (1956 - )

No abstract provided.


Local Governments That Purposely Delay Land Use Projects, What Law Applies - An Analysis Of United Artists Theatre Circuit, Inc. V. Township Of Warrington And The Substantive Due Process Tests As Applied By The Third Circuit, Shari K. Gekoski Jan 2004

Local Governments That Purposely Delay Land Use Projects, What Law Applies - An Analysis Of United Artists Theatre Circuit, Inc. V. Township Of Warrington And The Substantive Due Process Tests As Applied By The Third Circuit, Shari K. Gekoski

Villanova Law Review (1956 - )

No abstract provided.