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A Great Writ Reduced: Why The Tenth Circuit’S Interpretation Of Congressional Intent And Supreme Court Precedent Portends Defeat For State Prisoners Seeking Federal Habeas Corpus Relief, Elizabeth J. Barnett

Oklahoma Law Review

No abstract provided.

Constitutionally Excluded Confessions: Applying America's Lessons To A Democratic Iraq, Joseph T. Thai

Oklahoma Law Review

No abstract provided.

A Jurisprudence Of Doubt: Missouri V. Seibert, United States V. Patane, And The Supreme Court's Continued Confusion About The Constitutional Status Of Miranda, Johnathan L. Rogers

Oklahoma Law Review

No abstract provided.

Habeas Corpus: Expired Conviction, Expired Relief: Can The Writ Of Habeas Corpus Be Used To Test The Constitutionality Of A Deportation Based On An Expired Conviction?, Joshua D. Smith

Oklahoma Law Review

No abstract provided.

Arlene Nolen V. Judy Hamaker-Mann : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

AN APPEAL FROM AN ORDER DENYING THE PETITIONER'S PETITION FOR JUDICIAL REVIEW OF SUSPENSION OF DRIVER LICENSE AND AFFIRMING THE DEPARTMENT OF PUBLIC SAFETY'S DECISION REVOKING THE PETITIONER'S DRIVER'S LICENSE FOR 18 MONTHS, IN THE SECOND JUDICIAL DISTRICT COURT OF UTAH, DAVIS COUNTY, LAYTON DEPARTMENT, THE HONORABLE THOMAS L. KAY PRESIDING

George M. Lee And Gerald Lee V. Miles Walter Langley : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

REPLY BRIEF OF APPELLANTS Appeal Upon the Granting of a Petition of Certiorari to the Utah Court of Appeals Concerning an Appeal from the Eighth District Court, Uintah County Judge A. Lynn Payne

The State Of Utah V. Lance Nelson : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

THIS APPEAL IS FROM A FINDING OF GUILTY OF ONE COUNT OF POSSESSION OF AN IMITATION CONTROLLED SUBSTANCE, A THIRD-DEGREE FELONY IN VIOLATION OF U.C.A. § 58-37B-4 (1953) AS AMENDED AND ONE COUNT OF POSSESSION OF DRUG PARAPHERNALIA, A CLASS B MISDEMEANOR IN VIOLATION OF U.C.A §58-37A-5(l) (1953) AS AMENDED. THE TRIAL COURT, SITTING WITH A JURY, FOUND THE DEFENDANT GUILTY ON ALL COUNTS IN THE SECOND JUDICIAL DISTRICT COURT IN AND FOR WEBER COUNTY, STATE OF UTAH, THE HONORABLE MICHAEL!). LYON PRESIDING.

State Of Utah V. Douglas Dale Jones : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

BRIEF OF APPELLEE APPEAL FROM AN ORDER REVOKING DEFENDANT'S PROBATION, FOLLOWING A CONVICTION FOR CRIMINAL NONSUPPORT, A THIRD DEGREE FELONY, IN VIOLATION OF UTAH CODE ANN. § 76-7-201(3), IN THE FIFTH JUDICIAL DISTRICT COURT OF UTAH, BEAVER COUNTY, THE HONORABLE PAUL D. LYMAN PRESIDING

State Of Utah V. Gary Christian Davis : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPEAL FROM A CONVICTION ON ONE COUNT EACH OF POSSESSION OF A DANGEROUS WEAPON BY A RESTRICTED PERSON, A SECOND DEGREE FELONY, IN VIOLATION OF UTAH CODE ANN. § 76-10-503(2)(a)(WEST 2004), POSSESSION OF A CONTROLLED SUBSTANCE WITHIN A DRUG FREE ZONE, A SECOND DEGREE FELONY, IN VIOLATION OF UTAH CODE ANN. § 58-37- 8(2)(a)(i)(WEST 2004), AND POSSESSION OF DRUG PARAPHERNALIA WITHIN A DRUG FREE ZONE, A CLASS A MISDEMEANOR, IN VIOLATION OF UTAH CODE ANN. § 58-37a- 5(1) (WEST 2004), IN THE FIFTH JUDICIAL DISTRICT COURT IN AND FOR WASHINGTON COUNTY, THE HONORABLE JAMES L. SHUMATE, PRESIDING

State Of Utah V. Gerald Steven Wallace : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

REPLY BRIEF OF PETITIONER ON CERTIORARI TO THE UTAH COURT OF APPEALS

Kevin Yardley V. Utah Department Of Corrections : Brief Of Respondent, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

BRIEF OF RESPONDENT

The State Of Utah V. James L. Robison : Brief Of Respondent, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

BRIEF OF RESPONDENT ON WRIT OF CERTIORARI TO THE UTAH COURT OF APPEALS.

Richard G. Fordham V. Ryan Oldroyd : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPEAL FROM FINAL ORDER (SUMMARY JUDGMENT) OF THE THIRD JUDICIAL DISTRICT COURT OF SALT LAKE COUNTY, STATE OF UTAH (HONORABLE L.A. DEVER)

City Of Orem V. James H. Brown : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPEAL FROM THE MAY 18, 2005 ORDER OF THE THE FOURTH JUDICIAL DISTRICT - OREM COURT, UTAH COUNTY, THE HONORABLE JOHN C. BACKLUND

Sbs Telecommunications, Inc V. Public Service Commission Of Utah And Qwest Corporation : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

BRIEF OF PETITIONER SBS TELECOMMUNICATIONS, INC. APPEAL FROM FINAL ORDER OF PUBLIC SERVICE COMMISSION IN DOCKET NO. 04-049-06

Return Of The Great Writ: Judicial Review, Due Process, And The Detention Of Alleged Terrorists As Enemy Combatants, Benjamin Priester

Journal Publications

The federal government's reaction to the terrorist attacks of September 11, 2001, included a wide range of statutes, policies, and strategies for aggressively pursuing, capturing, detaining, and punishing not only the individuals directly responsible for the attacks, but also those who seek to carry out future attacks. The objective was no less ambitious than the elimination of the entire terrorist organization known as Al Qaeda, from its leaders like Osama bin Laden to its agents in the field. To accomplish this aim the government invoked the full range of its powers in foreign and domestic affairs: military force abroad, foreign …

Should Unnecessary Warnings Wrap A Suspect In The Panoply Of Miranda Protections, Ann F. Walsh

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Habeas Corpus - Aliens Detained At The United States Naval Base In Guantanamo Bay, Cuba, May Petition Federal Courts For Writs Of Habeas Corpus - Rasul V. Bush, 124 S. Ct. 2686 (2004), Rachel Rod

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Affirmative Action In The Workplace: Forty Years Later, Richard N. Appel, Alison L. Gray, Nilufer Loy

Hofstra Labor & Employment Law Journal

The authors, in order to sift through the increasingly muddy waters of affirmative action, provide an overview of the development of permissible preferential treatment based on race, national origin, or gender in the forty years since Title VII was enacted. The article discusses the state of the law for affirmative action plans adopted by government contractors as well as those that are judicially imposed. The focus of the piece is on the voluntary race, national origin and gender-conscious plans in the private sector. The authors conclude that although in the forty years since Title VII was enacted the validity of …

Employment Discrimination And The First Amendment: Case Analysis Of Catholic Charities, Kristen Colletta, Darya Kapulina

Hofstra Labor & Employment Law Journal

No abstract provided.

Innocence And The Sopranos, Seth D. Harris

NYLS Law Review

No abstract provided.

State Ex Rel., J.P.F., Janie Byalik

NYLS Law Review

No abstract provided.

State Sentencing Policy And New Prison Admissions, Ben Trachtenberg

University of Michigan Journal of Law Reform

As the academy's focus has turned to sentencing in the wake of Blakely v. Washington and United States v. Booker, most commentators have continued their benign neglect of actual sentencing practices as they occur in state courts, not to mention whether and how such policies are effective in achieving the goals of criminal justice.

This Note examines trends in state sentencing policies and prison populations from the perspective of a would-be state reformer hoping to decrease her state's prison budget. Economic pressures, efficiency arguments, and social justice claims have combined to cause some states to desire lower prison populations, …

The Layered Dispute Resolution Clause: From Boilerplate To Business Opportunity, Robert N. Dobbins

UC Law Business Journal

No abstract provided.

Authentic Democracy: Endowing Citizens With A Human Right In Their Genetic Information, Richard Cole

Hofstra Law Review

No abstract provided.

Preemption And Regulatory Failure, David C. Vladeck

Georgetown Law Faculty Publications and Other Works

This symposium was convened to address the growing and seemingly conflicting jurisprudence governing federal preemption of state damage actions. One way to evaluate the evolution of preemption law is to examine it through the lens of litigation under the preemption provision of the 1976 Medical Device Amendments ("MDA") to the federal Food, Drug, and Cosmetic Act - a provision that in many respects is typical of express preemption provisions in regulatory statutes and has spawned a high volume of litigation. The question raised in cases under the MDA is whether the Act's preemption provision nullifies state damage actions based on …

Have Your Cake And Eat It Too: A Proposal For A Layered Approach To Regulating Private Military Companies, Deven R. Desai

University of San Francisco Law Review

No abstract provided.

Imaginary Intent: The California Supreme Court’S Search For A Specific Legislative Intent That Does Not Exist, Jason Horst

University of San Francisco Law Review

No abstract provided.

The European Court Of Human Rights: What It Is, How It Works, And Its Future, Paul L. Mckaskle

University of San Francisco Law Review

No abstract provided.

Carpal Tunnel Syndrome Is Not An Injury In The Line Of Dangerous Duty: Workers’ Compensation For Peace Officers And The Need For Reform, Cassie Coleman

University of San Francisco Law Review

No abstract provided.