Digital Commons Network^™

Pee-To-Park: Should Public High School Students Applying For On-Campus Parking Priviledges Be Required To Pass A Drug Test, Jared M. Hartman

Journal of Law and Health

This note will address the concerns raised by suspicionless drug-testing programs in public high schools by ultimately arguing that public policy considerations should be factored into the Supreme Court's balancing test, and that such considerations will weigh and balance against expanding drug-testing programs to contexts beyond those already upheld by the Supreme Court. At the least, this note will argue that the Groveport Madison drug-testing program, imposed on students applying for on-campus parking privileges, should not be upheld. However, before this argument can be properly asserted, a number of pertinent topics must be discussed. Section II of this note will …

Theories Of Therapeutic Evolution For Juvenile Drug Courts In The Face Of The Onset Of The Co-Occurrence Of Mental Health Issues And Substance/Alcohol Abuse, David L. Harvey Iii

Journal of Law and Health

The purpose of this Note is to review two specific and newly emerging therapeutic courts: juvenile mental health courts and juvenile drug courts. It will explain how and why a mental health element should be implemented into the juvenile drug court system. Part II of this Note will give a historical and procedural overview of juvenile drug courts. These procedures will draw mainly from the newly formed Medina County Juvenile Drug Court, located in Medina, Ohio. Part III will explain the origination and procedures currently employed by juvenile mental health courts, as they relate specifically to Santa Clara's Court for …

Preservation Of Agricultural Lands Through Land Use Planning Tools And Techniques, Elisa Paster

Natural Resources Journal

No abstract provided.

Eminent Domain For Private Development - An Irrational Basis For The Erosion Of Property Rights, Benjamin D. Cramer

Case Western Reserve Law Review

No abstract provided.

Lara, Lawrence, Supreme Court Litigation, And Lessons From Social Movements, Kevin Washburn

Faculty Scholarship

United States v. Lara was hailed as a victory for Indian tribes because it upheld tribal criminal jurisdiction over non-member Indians. Lawrence v. Texas was hailed as a victory for the gay rights movement because it upheld the due process right of gays to be protected from criminal prosecutions for consensual sexual acts done in private within their own homes. Despite dramatically different contexts, the two cases share a common thread: both are cases in which interested groups achieved important successes by marshalling broad support for their arguments at the briefing stage which helped pave the way for Supreme Court …

Psychopaths In The Courtroom: A Preliminary Report On Judicial Sentencing For Violent Offenses, John Traxler

McNair Scholars Journal

Every day, judges are faced with making decisions about a defendant’s potential risk as it relates to setting bail, sentencing, and a variety of other contexts. In making these decisions, judges must balance issues of fairness and protection of the individual rights of the accused with protection of society from dangerous predators who may commit future acts of physical or sexual violence. As professionals who are not specifically trained in violence assessment, judges must rely on others, including probation agents, attorneys, and expert witnesses, for information to assist in their decision-making. Through expert witnesses and up-to-date training of criminal justice …

The Death Penalty--An Obstacle To The "War Against Terrorism"?, Thomas M. Mcdonnell

Vanderbilt Journal of Transnational Law

September 11 seared our collective memory perhaps even more vividly than December 7, 1941, and has evoked a natural demand both for retribution and for measures to keep us safe. Given the existing statutory and judicial authority for capital punishment, the U.S. Government has to confront the issue whether to seek the death penalty against those who are linked to the suicide attacks or to the organization that sponsored them or both. Meting out the death penalty to international terrorists involves difficult moral, legal, and policy questions. The September 11 crimes were not only domestic crimes, but also international ones. …

Prison Work, Wages, And Catholic Social Thought: Justice Demands Decent Work For Decent Wages, Even For Prisoners, William P. Quigley

Santa Clara Law Review

No abstract provided.

Two Wrongs Make A Right: Hybrid Claims Of Discrimination, Ming Hsu Chen

Publications

This Note reinterprets and recontextualizes the pronouncement in Employment Division v. Smith (Smith II) that exemptions from generally applicable laws will not be granted unless claims of free exercise are accompanied by the assertion of another constitutional right. It argues that when Arab American Muslims, and others who are of minority race and religion, bring claims for exemption from generally applicable laws on the basis of free exercise and equal protection principles, they ought to be able to invoke Smith II's hybridity exception, thus meriting heightened judicial scrutiny and increased solicitude from courts.

Utah Department Of Public Safety, Driver's License Division V. Robot Aided Manufacturing Center Dba Explore Information Services And State Records Committee : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Appeal from the Findings of Fact, Conclusions of Law, Judgment and Order of the Honorable William B. Bohling, Judge of the Third Judicial District Court

Utah Department Of Public Safety, Driver's License Division V. Robot Aided Manufacturing Center, Inc. Dba Explore Information Services, And State Records Committee V. Robot Aided Manufacturing Center : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

BRIEF OF APPELLEE

John Gonzales V. G. Barton Blackstock, Bureau Chief Driver Control Bureau, Driver License Division, Department Of Public Safety, State Of Utah : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

BRIEF OF APPELLANT/PETITIONER Appeal from the final judgment of the Honorable Glenn K. Iwasaki, of the Third District Court, State of Utah, in and for Salt Lake County, Salt Lake Department, denying the Appellant/Petitioner's Petition for Judicial Review and upholding the suspension order issued by the Driver License Division suspending the Appellant/Petitioner's driving privileges for 18 months.

Young Electric Sign Company V. State Of Utah, Utah Department Of Transportation : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Brief of Appellant

State Of Utah V. Shawn R. Keith : Reply Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

REPLY OF APPELLANT KEITH

Salt Lake City V. Newman : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

No abstract provided.

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

Utah Court of Appeals Briefs (1996–2006)

Appeal from an Order of the Third Judicial District Court, Salt Lake County, State of Utah, the Honorable Leslie A. Lewis presiding, denying a motion to dismiss, partially granting a motion for summary judgment, and remanding claims to the Utah State Career Service Review Board

Gregory K. Chase V. Midvale City, Tim Start, And Tony Mason : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Appeal from a Summary Judgment entered in the Third Judicial District Court, Salt Lake County, State of Utah, Salt Lake Division, Honorable Timothy R. Hanson, Presiding

Eric M. Martineau V. City Of Orem : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

ON APPEAL FROM THE FOURTH DISTRICT COURT, OREM DEPARTMENT, HONORABLE JOHN C. BACKLAND, DISTRICT COURT JUDGE

State Of Utah V. Heather Jo Rodriguez : Brief Of Amici Curiae, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

ON WRIT OF CERTIORARI TO THE UTAH COURT OF APPEALS

Utah Department Of Public Safety, Driver's License Division V. Robot Aided Manufacturing Center, Inc. Dba Explore Information Services, And State Records Committee : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Appeal from the Findings of Fact, Conclusions of Law, Judgment and Order of the Honorable William B. Bohling, Judge of the Third Judicial District Court

Kerry Farrer V. Carrie Swasey : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Brief of Appellant

Appeal from an order of the eighth Judicial District Court of Duchesne County, State of Utah. Honorable John A. Anderson

Allen R. Ervin And Blanch Ervin V. Lowe's Companies, Inc. A North Carolina Corporation: Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPEAL FROM THE THIRD DISTRICT COURT, SALT LAKE COUNTY, HONORABLE SANDRA N. PEULER (ORAL ARGUMENT REQUESTED)

Allen D. Miller And Beverley B. Miller, On Behalf Of The Estate Of Robert Miller, Deceased V. Gastronomy, Inc. A Utah Corporation : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Appeal from Final Order In the Third Judicial District Court of Salt Lake County, State of Utah The Honorable Tyrone E. Medley, District Court Judge

Gonzales V. Blackstock : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

No abstract provided.

Young Electric Sign Company, Inc. V. Utah Department Of Transportation: Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Brief of Appellee

State Of Utah V. Shawn R. Keith : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPEAL FROM A JUDGEMENT, SENTENCE, STAY OF EXECUTION OF SENTENCE, ORDER OF PROBATION AND COMMITMENT WHICH WAS THE RESULT OF A PLEA OF "NO CONTEST" IN THE ABOVE MATTER OF THE OFFENSE OF DRIVING UNDER THE INFLUENCE OF ALCOHOL ON A CLASS A MISDEMEANOR, IN THE FIFTH JUDICIAL DISTRICT COURT, IN AND FOR IRON COUNTY, STATE OF UTAH, THE HONORABLE JUDGE EVES, PRESIDING.

Royene Aitken V. Utah Department Of Human Services : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Appellate Case No. 20040387-CA Appeal from "Decision and Final Agency Action," Step 6 entered by the Career Services Review Board on April 16, 2004.

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

Constitutional Law - Affirmative Action In Higher Education - Strict In Theory, Intermediate In Fact, Libby Huskey

Wyoming Law Review

No abstract provided.

Vulcan Historical Review 8 (Complete Issue), Vulcan Historical Review Staff

Vulcan Historical Review

No abstract provided.