Digital Commons Network^™

State Of Utah V. Elizabeth M. Deseelhorst : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

REPLY BRIEF OF APPELLANT APPEAL FROM A JUDGMENT OF THE THIRD JUDICIAL DISTRICT COURT HONORABLE ROYAL I. HANSEN.

John York And Lisa York V. Tom Heal Commercial Real Estate, Inc., And Walker And Company Real Estate : Reply Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

REPLY BRIEF OF APPELLANT AN APPEAL FROM JUDGMENT IN FAVOR OF THE APPELLEE, IN THE FOURTH JUDICIAL DISTRICT COURT IN UTAH COUNTY, UTAH, THE HONORABLE ANTHONY W. SCHOFIELD PRESIDING

Mountain West Surgical Center, Llc And Mountainwest Medical Properties, Llc V. Hospital Corporation Of Utah, Dba Lakeview Hospital : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Appeal from the Second District Court, Davis County, Utah Judge Thomas L. Kay Presiding

Richard D. Grint V. Trimco Molding And/Or Argonaut Insurance, And The Utah Labor Commission : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

No abstract provided.

Emergency Physicians Integrated Care V. Salt Lake County : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

ON APPEAL FROM SUMMARY JUDGMENT ENTERED BY THE THIRD JUDICIAL DISTRICT COURT, SALT LAKE COUNTY, STATE OF UTAH SALT LAKE DEPARTMENT, THE HON. PAUL G. MAUGHAN

Emergency Physicians Integrated Care V. Salt Lake County, A Political Subdivision Of The State Of Utah : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

AN APPEAL FROM SUMMARY JUDGMENT ENTERED BY THE THIRD JUDICIAL DISTRICT COURT, SALT LAKE COUNTY, STATE OF UTAH, SALT LAKE DEPARTMENT, the Hon. Paul G. Maughan presiding. (Trial Court Case No. 030901884)

Stephen H. Schwartz, Et Al V. Brad Adair, Southern Utah Title Company, And Ray Spencer : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

BRIEF OF APPELLEES Appeal from a Summary Judgment entered on March 13, 2006 in the Sixth District Court, Kane County, State of Utah Judge David L. Mower, Presiding.

Dangerous Bodies: The Regulation And Contestation Of Women's Sexuality At The Movies In Virginia, Melissa Ooten

Women, Gender and Sexuality Studies Faculty Publications

In 1922, the General Assembly of Virginia created a motion-picture censorship board to regulate out of popular culture images its cultural arbiters ruled detrimental to state officials' attempts to modernize and "clean up" the image of Virginia. On-screen depictions of women's sexuality repeatedly fell prey to the board's "protectionist" ideology, by which censors argued that their work "protected" society's most vulnerable citizens. In reality, such an ideology served as an extension of state power to keep subjective, realistic portrayals of these already marginalized citizens out of popular culture in order to justify their continued status as "second-class" citizens within the …

The Need To Revisit The Neil V. Biggers Factors: Suppressing Unreliable Eyewitness Identification, Suzannah B. Gambell

Wyoming Law Review

No abstract provided.

Conservation Easements - Preserving Privately Owned Natural Habitats: Guidance For Interpreting, Nicholas M. Agopian

Wyoming Law Review

No abstract provided.

Constitutional Law - When States Break Promises: Defining Property Interests In The Procedural Due Process Context, Town Of Castle Rock V. Gonzales, Mackenzie Williams

Wyoming Law Review

No abstract provided.

Teaching The Ethical Foundations Of Economics: The Principles Course, Jonathan B. Wight

Economics Faculty Publications

When we analyze the source of humor, one ingredient is surely incongruity, the juxtaposition of opposites. So when Tom Lehrer, the consummate Harvard mathematician, openly calls for plagiarism, this is funny because it is exactly the opposite of what we expect - it is absurd. And yet, from the viewpoint of modern economics, is plagiarism really so absurd? We teach our students to maximize short-term profits (in a moral vacuum). We drill them that producers minimize private costs of production (without reference to ethical codes of conduct). We expect economic agents to operate with atomistic selfishness, assuring them that this …

Gis And 3d Analysis Applied To Sea Turtle Mortalities And Navigation Channel Dredging, Bradley A. Shellito, Keith B. Lockwood

Virginia Journal of Science

Between 2000 and 2003 there were an increased number of documented sea turtle mortalities related to hopper dredging in the channels of the Chesapeake Bay. A pilot study was undertaken to create a bathymetric surface and three-dimensional model of the Cape Henry Channel using Geographic Information Systems (GIS) as a visualization tool to examine sea turtle mortalities in relation to the dredging. In Fall 2003, the US Army Corps of Engineers dredged the Thimble Shoals Federal Navigation Channel, and a more refined model was developed using this data. This project examines the growing concerns over sea turtle mortality rates and …

Integrated Solar Energy And Absorption Cooling Model For Hvac (Heating, Ventilating, And Air Conditioning) Applications In Buildings, Sharizal Shaik Ahmedullah

Dissertations, Master's Theses and Master's Reports - Open

The demands in production and associate costs at power generation through non renewable resources are increasing at an alarming rate. Solar energy is one of the renewable resource that has the potential to minimize this increase. Utilization of solar energy have been concentrated mainly on heating application. The use of solar energy in cooling systems in building would benefit greatly achieving the goal of non-renewable energy minimization.

The approaches of solar energy heating system research done by initiation such as University of Wisconsin at Madison and building heat flow model research conducted by Oklahoma State University can be used to …

Litigating Land Use In Massachusetts: Defining Municipalities' Legitimate Use Of Rate Of Development Restrictions, Janelle M. Austin

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Dropping The K-Bomb: A Compendium Of Kangaroo Tales From American Judicial Opinions, Parker B. Potter Jr.

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Prosecuting Sham Marriage Under 18 U.S.C. Sec. 1546: Is Validity Of Marriage Material, Brian Thomas

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Jury Instructions, Not Problematic Expert Testimony, In Child Sexual Assault Cases, Marina Moriarty

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Good Intentions Are Not Enough: The Argument Against A Higher Standard Of Proof In Capital Cases, Brian Zuanich

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Civil Rights - State Prisoners May Challenge Constitutionality Of Parole Procedures Under 42 U.S.C. Sec. 1983 - Wilkinson V. Dotson, 125 S. Ct. 1242 (2005), Rachel Rod

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Putting The Guesswork Back Into Capital Sentencing, Sean O'Brien

Faculty Works

In 1972, in Furman v. Georgia, the Supreme Court deemed it "incontestable" that a death sentence is cruel and unusual if inflicted "by reason of [the defendant's] race, religion, wealth, social position, or class, or if it is imposed under a procedure that gives room for the play of such prejudices." Arbitrary and discriminatory patterns in capital sentencing moved the Court to strike down death penalty statutes that required judges or juries to cast thumbs-up or thumbs-down verdicts against offenders found guilty of capital crimes. The issue of innocence was barely a footnote in Furman; the Court's concerns focused on …

Confronting Conventional Thinking: The Heuristics Problem In Feminist Legal Theory, Nancy Levit

Faculty Works

The thesis of The Heuristics Problem is that the societal problems about which identity theorists are most concerned often spring from and are reinforced by thinking riddled with heuristic errors. This article first investigates the ways heuristic errors influence popular perceptions of feminist issues. Feminists and critical race theorists have explored the cognitive bias of stereotyping, but have not examined the ways probabilistic errors can have gendered consequences. Second, The Heuristics Problem traces some of the ways cognitive errors have influenced the development of laws relating to gender issues. It explores instances in judicial decisions in which courts commit heuristic …

The Process Analysis And Critique Of The Digital Media Project "Cultivating Christian Minds And Character", Susan H. Maynor

Theses

This thesis will focus on the process analysis and critique of the digital media project, "Cultivating Christian Minds and Character," made for Westminster Christian Academy in the summer of 2005. It includes both the actual promotional video production and the written analysis.

Westminster Christian Academy, a non-denominational, private, Christian school in West County, produces a promotional video each year for the parents and for various other marketing needs throughout the school year. For the school year 2005-2006, the theme was cultivating Christian minds and character. Having been both a student and a teacher at this institution, it was an honor …

Identity And Market For Loyalties Theories: The Case For Free Information Flow In Insurgent Iraq, Paul D. Callister

Faculty Works

When monopoly control over the flow of information is lost, the unavoidable consequence is destabilization. Information flow through a society can be understood as a market - not a market exchanging cash for goods, but loyalty for identity. Hence the market is called the Market for Loyalties - so labeled by an economics of information theory first developed by Prof. Monroe Price, of Cardozo Law School, and Director of the Howard M. Squadron Program in Law, Media and Society, to explain government regulation of radio, TV, cable and satellite broadcasting.

In post-invasion Iraq, Saddam Hussein lost or monopoly control over …

Re-Thinking Alimony: The Aaml's Considerations For Calculating Alimony, Spousal Support Or Maintenance, Mary Kay Kisthardt

Faculty Works

The mission of the American Academy of Matrimonial Lawyers is "to encourage the study, improve the practice, elevate the standards and advance the cause of matrimonial law, to the end that the welfare of the family and society be protected." The AAML Comission was charged to analyze, critically review and make recommendations consistent with the mission of the Academy. After considering all available sources of information the Commission concluded that there are two significant and related problems associated with the setting of spousal support. The first is a lack of consistency resulting in a perception of unfairness. From this flows …

Rankings, Reductionism, And Responsibility , Frank Pasquale

Cleveland State Law Review

After discussing how search engines operate in Part I below, and setting forth a normative basis for regulation of their results in Part II, this piece proposes (in Part III) some minor, non-intrusive legal remedies for those who claim that they are harmed by search engine results. Such harms include unwanted high-ranking results relating to them, or exclusion from a page they claim it is their “due” to appear on. In the first case (deemed “inclusion harm”), I propose a right not to suppress the results, but merely to add an asterisk to the hyperlink directing web users to them, …

Propertization Metaphors For Bargaining Power And Control Of The Self In The Information Age, Daniel D. Barnhizer

Cleveland State Law Review

This Article argues that the threatening consequences of this commodification and propertization of consumers' electronic selves represent only part of the picture. Information era technological developments provide more tools than ever available before by which consumers can place boundaries around their right to consent and exclude others from that arena. Thus, Internet-based contracting allows consumers to access a broad range of bargaining power inputs to protect their power to withhold consent. Instead of an amorphous, indefinable quality of contracting parties, bargaining power may now be characterized as a series of discrete inputs that can be identified, evaluated, exchanged and owned. …

Improvident Extension Of Credit As An Extension Of Unconscionability: Discover Bank V. Owens And A Debtor's Rights Against Credit Card Companies , Terri Rebecca Daniel

Cleveland State Law Review

This Note will examine improvident extension of credit as an extension of unconscionability in consumer credit card lending. Part II of this Note will discuss the history and foundation of unconscionability. Part III will discuss the history and foundation of improvident extension of credit, as well as the many failed attempts to create a solution to the problem of improvident extension of credit in the United States. Part IV of this Note will analyze the current role of improvident lending in consumer credit and why no solution was reached in the 1970s. Part V will examine the increased need for …

Book Review: The Chief Purpose Of Universities: Academic Discourse And The Diversity Of Ideas, Erik M. Jensen

Cleveland State Law Review

Reviewing The Chief Purpose of Universities: Academic Discourse and the Diversity of Ideas, William M. Bowen and Michael Schwartz, Lewiston, N.Y., The Edwin Mellen Press (2005).

The Constitutional Significance Of Forgotten Presidents , Michael J. Gerhardt

Cleveland State Law Review

My hope is to clarify the forgotten constitutional legacies of a number of American Presidents. This is only a small sliver of constitutional law, but not an insignificant one at that. My aim is to examine how the Presidents we commonly dismiss as constitutionally insignificant actually helped to shape the future of constitutional law. How these Presidents (and their administrations) exercised power, even for as short a time as William Henry Harrison, changed the constitutional landscape. I do not intend to make the case for rating these Presidents higher than historians or others usually do or for overstating what they …