Digital Commons Network^™

Robert W. Dunlap And Kathy L. Dunlap V. Stitching Mayflower Mountain Fonds, A Netherlands Association; Mayflower Recreational Fonds, A Netherlands Association; Consolidated Mayflower Mines, Inc., A Utah Corporation; Cooperative Centrale Raiffeisen Borenleenbank, B.A., A Netherlands Corporation; Newpark Mining Co., A Dissolved Utah Corporation; And Murray First Thrift And Loan Co., A Utah Corporation : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

BRIEF OF APPELLANTS Appeal from Judgment Entered on May 10,2004, In Civil No. 000600204 in the Third Judicial District Court for the State of Utah, Summit County, Honorable Robert K. Hilder
Appeal No. 20040433-CA Case No. 000600204

Michael L. Hendry, Douglas Bassett, Five T Corporation V. Unidyn Financial Management Corporation, Douglas Longfellow, G. Lawrence Critchfield, Paul Christensen, Wespac Holdings, Llc, Ken Morgan, Western Real Estate Investment Trust, Inc. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPEAL FROM SUMMARY JUDGMENT IN THE THIRD JUDICIAL DISTRICT COURT OF SALT LAKE COUNTY, STATE OF UTAH The Honorable Roger S. Dutson, District Judge

W. Scott Jepson, Rn Vs. Department Of Commerce, Division Of Occupational And Professional Licensing : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Appeal from a Final Order (June 16, 2003) of The Division of Occupational and Professional Licensing [DOPL], and from an Order on Review (July 30, 2004) of the Department of Commerce upholding DOPL's Order of an illegal post trial change of Utah Controlled Substances Act Rule - R156-37-502(4) made without complying with Utah Administrative Rule Making Act, §63-46a-3(2)(c), (3), (4)(d), (6), (7)(a)(i),(b), (8)(b), and DOPL's retrospective application of its illegal Rule change to Appellant's acts of April 2002, making Appellant's then legal acts illegal and Ordering Appellant to commit future criminal acts. The Honorable Steven Eklund, ALJ, Presiding at DOPL …

John Brent Braegger V. Utah Dept. Of Public Safety, Workers Compensation Fund Of Utah And/Or Employers Reinsurance Fund And Labor Commission Of Utah : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPELLANT JOHN BRENT BRAEGGER BRIEF ON HIS PETITION FOR REVIEW

State Of Utah V. George Isaac Hernandez : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

No abstract provided.

Lorin Blauer V. Utah Department Of Workforce Services : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Court of Appeals Case No. 20040848-C : Third District Court No. 040900221 Judge Leslie A. Lewis Priority No. 14

Marion Snow And Roger Snow V. Richard A. Irion, M.D. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

BRIEF OF APPELLANTS MARION AND ROGER SNOW Case No.: 20040850-CA Third Judicial District Court Civil No.: 040908601 (Judge Glenn K. Iwasaki) Appeal from Order Granting Defendant's Motion to Dismiss Without Prejudice entered by the Third Judicial District Court per the Honorable Glenn K. Iwasaki, District Court Judge, on September 27, 2004.

Campbell Soup Company In 2004 (A), Roger R. Schnorbus

Robins School of Business White Paper Series, 1980-2022

As fiscal 2004[1] began, Doug Conant, the President and CEO of the Campbell Soup Company could take pride in the results of his 3-year transformation plan instituted in fiscal 2001 to revitalize the company. The key initiatives of the plan were to restore revenue and profitability growth and stimulate shareholder wealth.

Conant, who became President and CEO in January of 2001, called the plan, “the single most comprehensive commitment to revitalization ever undertaken in the 132-year history of Campbell Soup Company.”

The financial results achieved in fiscal 2002, the first year of the plan, were a mixed bag. Although net …

A History Of The Wyoming Sales Tax And How Lawmakers Chose It From Among Serverance Taxes, An Income Tax, Gambling, And A Lottery, Phil Roberts

Wyoming Law Review

No abstract provided.

Civil Domestic Violence Protection Orders In Wyoming: Do They Protect Victims Of Domestic Violence, Sean D. Thueson

Wyoming Law Review

No abstract provided.

Air Quality Issues In Coalbed Methane Development, Mary A. Throne

Wyoming Law Review

No abstract provided.

Gathered Fragments Vol. Xv Number 1

Gathered Fragments

No abstract provided.

One Of These Things Is Not Like The Other: Analogizing Ageism To Racism In Employment Discrimination Cases, Rhonda M. Reaves

Journal Publications

The development of anti-discrimination law in the employment context was designed and applied with the elimination of race discrimination in mind. The expansion of anti-discrimination law to older workers has taken place within a legal system that encourages groups to present themselves as "similar to" African Americans. This article explores the difficulty of applying general anti-discrimination principles to the uniquely positioned group of older workers.

Unleashing “Instant Messaging” From Regulatory Oversight, Fernando R. Laguarda

Richmond Journal of Law & Technology

America Online, Inc. (“AOL”) and Time Warner Inc. announced their intention to merge on January 10, 2000. At that time, there was a great deal of excitement about combining these two companies and harnessing the power of an increasingly broadband Internet. In addition to the Federal Trade Commission (“FTC”) and Federal Communications Commission (“FCC”), more than one thousand local communities conducted their own reviews of the merger. The FTC identified “open access” to the Time Warner Cable platform as an issue meriting specific relief.

Brief Of Amici Curiae — Aca International

Richmond Journal of Law & Technology

ACA International (“ACA”), formerly known as the American Collectors Association, Inc., is the international trade association for credit and collection professionals. ACA’s members provide a wide variety of accounts receivable management services. Headquartered in Minneapolis, Minnesota, ACA represents the interests of approximately 5,300 third-party collection agencies, attorneys, credit grantors and vendor affiliates.

By The Book: Interpreting An Intake In A County Jail, Digiterp Communications

Course Materials

Guide to ASL interpreting for the booking of a person into a county jail, including consideration of how to prepare for entering the facility and what to expect in the interpreting situation.

A Narrative Inquiry Into The Experiences Of Individuals In The Midst Of Organizational Change: A Shift From Systems To Stories, Stanley M. Amaladas

Harold L. Hodgkinson Award for Outstanding Dissertation

This study explores how individuals understand and make meaning of their experiences while in the midst of radical organizational change. Empirical materials for this research were obtained though written stories and interviews of two groups of managers within the Canadian public sector who were themselves in the throes of organizational change. The findings of this study were analyzed through a three-dimensional-narrative-inquiry-space framework.

The results of this study (a) support the postmodernist notion of a recursive relationship between metaphors and stories, and (b) between metaphors/stories and experiences, namely that they dialectically inform, structure and maintain the other. It was also discovered …

Dry Bulk Tanker Material Sampling Device, Warren A. Wider

All Volumes (2001-2008)

The purpose of this project is to provide an easy to manufacture solution to sampling material from dry bulk tankers. A device was developed using basic design requirements. Once a design was created a CAD design was drawn to illustrate and prototype the device. This prototype was placed under rigorous testing to determine effectiveness. The end result provides a dry bulk sampling device for plant workers and/or truck drivers to sample the material in their tankers and send to the laboratory when unloading at a facility.

Beginning Reading Instruction In Massachusetts Public Schools: Research, Policy, And Teachers' Knowledge And Beliefs, Shayne B. Piasta

Fenwick Scholar Program

Research on reading acquisition and instruction has identified the incorporation of an explicit, systematic code-based approach into a comprehensive reading curriculum as most successful in teaching beginning readers, including those who are reading disabled (e.g., Adams, 1990; National Reading Panel, 2000; Pressley, 2002; Rayner, Foorman, Perfetti, Pesetsky, & Seidenberg, 2001). Yet, 70% of 4th grade students nationwide and 60% of such students in Massachusetts are not reading at proficient levels (National Assessment of Educational Progress, 2003), statistics which raise questions about how well the research is translated into educational policies and classroom practices. Over the course of my Fenwick year, …

Mandamus And Recusal: Promoting Public Confidence In The Judicial Process, Kiley Marie Corcoran

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Targeting The Criminally Depraved Mind: The Inherent Meaning Of A Vulnerable Victim Under Federal Sentencing Guideline Sec. 3a1.1, Madeline Yanford

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Have The Courts Forgotten Res Judicata: The Environmental Protection Agency's Use Of Legislation To Scrutinize Its State Delegates Challenges The Foundation Of Our Law, Mark P. Daly

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Preemption Doctrine - Preliminary Injunction Barring Implementation Of State Prescription Drug Coverage Program Deemed Reversible Error - Pharmaceutical Research And Manufacturers Of America V. Walsh, 123 S. Ct. 1855 (2003), Erin Mcgill Nobles

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Collateral Order - Knee-Deep In Confusion: Its Continuing Saga - Sell V. United States, 123 S. Ct. 2174 (2003), Joon H. Chung

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Special Needs And Special Deference: Suspicionless Civil Searches In The Modern Regulatory State, Fabio Arcila

Scholarly Works

This Article examines the Supreme Court’s application of the "special needs" principle, which is part of its Fourth Amendment search and seizure jurisprudence, with an emphasis on suspicionless searches. It argues that both courts and commentators have insufficiently acknowledged the tension between the modern regulatory state, which is significantly dependent upon such searches, and adequately protecting liberty interests. The commentators who criticize the Court’s deference ignore that a deferential approach can be justified. Suspicionless civil searches, for example, are not necessarily incompatible with original intent. Moreover, the many proposals for reforming suspicionless civil search jurisprudence, such as reinvigorating the individualized …

Multidisciplinary Business Planning Firms: Expanding The Regulatory Tent Without Creating A Circus, Anthony J. Luppino

Faculty Works

Students studying business planning in an American law school should be told up front that a twenty-first century transactional lawyer rarely encounters a truly simple business transaction. Legal educators acknowledge the need to emphasize the complex, multidisciplinary nature of advising modern business clients. Law students must be introduced to the reality that transactional attorneys routinely collaborate with accountants, engineers, and other types of specialists and consultants to properly identify issues and address their clients' needs. Businesses - particularly firms comprised of entrepreneurs on tight budgets in terms of both time and money - benefit greatly when relevant information is accurately …

Georgia College & State University Nursing Program, Virginia Hayes, Natalie Bailey, Adele Barthe, Heidi Chaney, Aaron Cobb, Leslie Croxton, Jenny Eilers, Dylan Grace, Suann Greenwood, Phyllis Kent, Erin Landers, Amanda Mckie, Brandy Moseley, Nina Myers, Dana Thomas, Amanda Wheatley

The Corinthian

In order to evaluate the effectiveness of the Georgia College & State University (GC&SU) Nursing Program, a non-experimental, survey research study was conducted by senior nursing students in the Nursing Research class. The survey evaluated the teaching and learning strategies used in the program, the students' perceptions of preparedness for nursing after graduation, and the students' perceptions of the strengths and weaknesses of the GC&SU nursing curriculum. Each participant signed an informed consent form. Forty-five out of a possible 142 nursing students responded to the survey. A statistical analysis of the responses was conducted and comparisons of answers were analyzed …

The Proportionate Trading Model: Real Science Or Junk Science, Brian P. Murray

Cleveland State Law Review

The PTM has all the hallmarks of "real" science, using either a scientists' definition or that of the Daubert Court. From a scientist's perspective, it is a functional paradigm, serving as a working model. The practitioners in the field are engaged in "clean-up," for example, deciding which acceleration factor best fits observed data. Under the Daubert test, the PTM will assist the trier of fact, has been subjected to peer review (unlike the major critique), and has acceptable rates of error and general acceptance. Testifying experts may disagree as to which acceleration factor to use, but that is merely fair …

Striking A Balance: Finding A Place For Religious Conscience Clauses In Contraceptive Equity Legislation, Staci D. Lowell

Cleveland State Law Review

This note will attempt to address the interrelationship of the Pregnancy Discrimination Act and the First and Fourteenth Amendments in the context of contraceptive equity legislation. To that end, the note will examine states' definitions of a "religious employer" and make recommendations regarding statutory language that is broad enough to cover those organizations with conscientious objections to contraception but narrow enough to allow women to have ready access to contraceptive services. Following this introduction, Part II of the note will provide background information about both contraceptive equity and religious freedom. Part III will discuss current and proposed contraceptive equity legislation …

The Pot Calling The Kettle Black, Deidré Sanders

The Corinthian

Industrialized countries seem to look condescendingly at African societies that practice female clitorectomy, but the same people line their sons up to be circumcised soon after birth. A clitorectomy, also known as female genital mutilation (FGM), is defined as "a destructive, invasive procedure that is usually performed on girls before they reach puberty that removes part or all of the clitoris". There are many different types of female genital mutilation. The lesser of the three evils is called Sunna circumcision. The tip of the clitoris and/ or its covering, known as the prepuce, is removed. The second type is called …