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Kirkpatrick Macdonald V. Michael Nielsen : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPEAL FROM THE RULING AND ORDER, DATED JANUARY 10,2006; THE JUDGMENT, DATED JANUARY 24,2006; AND THE RULING AND ORDER, DATED JUNE 2,2006 OF THE HONORABLE BRUCE C. LUBECK

Citibank (South Dakota) Na V. R. John Forte : Rebuttal, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

REBUTTAL

Appeal from the Ruling of The Honorable Terry Christiansen, Presiding Third District Court of Salt Lake County, State of Utah

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 …

Criminal Law - Have Drug Dogs Taken A Bite Out Of The Fourth Amendment - Illinois V. Cabelles, Mervin Mecklenburg

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.

Impact Of The College Of Allied Health Professions On The Local Economy, Semoon Chang

Internet Journal of Allied Health Sciences and Practice

Contributions made by allied health programs to the local community extend beyond quality health care. Estimated in this paper are the economic contributions that the College of Allied Health Professions at the University of South Alabama makes to the economy of Mobile County, Alabama, in which the College is located. Economic impact is defined as only those expenditures that are brought to the local economy from outside by the existence of the College, excluding any expenditures that simply change hands in the local economy. Expenditures generated by the existence of the College have the following three groups: expenditures made by …

Cultural Sensitivity Beyond Ethnicity: A Universal Precautions Model, Deborah Dysart Gale

Internet Journal of Allied Health Sciences and Practice

Cross-cultural healthcare research has grown exponentially in recent years, focusing primarily on the healthcare-related needs of ethnic and linguistic minorities. However, by approaching cultural sensitivity from an ethnic/linguistic perspective, the practitioner runs the risk of relying on essentialized or stereotyped accounts of cultural groups, as well as overlooking the needs of other groups (e.g., gays, elderly, physically challenged) that may validly be viewed as cultures and profitably studied with the tools of cross-cultural scholarship. This essay argues that Hofstede’s paradigm of cultural dimensions can serve as a useful foundation for providing culturally sensitive care following the model of Universal Precautions …

Electronic Clinical Records For Physiotherapists, Christine Barry, Mark Jones, Karen Grimmer

Internet Journal of Allied Health Sciences and Practice

Purpose: This pilot study compared traditional (paper-based) and electronic (computerized) clinical physiotherapy records. The content of the records and the software’s user acceptability were considered. Methods: A neuro-musculoskeletal patient scenario involving two encounters (initial and follow-up) was scripted and role-played to each of three experienced physiotherapists (A, B and C). Participants assessed the patient and made traditional clinical records. After basic training in an electronic record system, they repeated the assessments and made electronic records via a laptop computer. Three experienced physiotherapists (A, D and E) each used their usual method to write a clinical report and an electronic record …

Temporal Processing In The Exponential Integrate-And-Fire Model Is Nonlinear, Joanna R. Wares, Todd W. Troyer

Department of Math & Statistics Faculty Publications

The exponential integrate-and-fire (EIF) model was introduced by Fourcaud-Trocme et al. (2003) as an extension of the standard leaky integrate-and-fire model (LIF). Here, the nonlinearity in the EIF model’s temporal response to square-wave inputs is investigated. Comparing the time course of onset and offset responses revealed that offset responses have a steeper initial slope, but a slower approach to equilibrium. A linear systems analysis performed for these square-wave inputs indicates that at frequencies above ~40 Hz, gain was slightly smaller for square-wave inputs, but phase did not change significantly relative to simulations in which the corresponding sinusoids were presented in …

Freedom Of Information Laws In The Digital Age: The Death Knell Of Information Privacy, Ira Bloom

Richmond Journal of Law & Technology

With technology, everything just comes faster, smarter, and meaner. But the basics remain the same.

How Does My Work Become Our Work? Dilution Of Authorship In Scientific Papers, And The Need For The Academy To Obey Copyright Law, Sean B. Seymore

Richmond Journal of Law & Technology

Professors enjoy a world of extensive institutional autonomy and individual academic freedom. Universities and courts defer to a professor’s judgment for “genuinely academic decisions” unless they depart from academic norms. Universities, courts, and professional societies should intervene, however, when academic norms and custom do not comport with the law.

E-Prescribing In A Changing Legal Environment, Jeff Todd

Richmond Journal of Law & Technology

Perhaps nothing permeates modern American society as much as prescription drugs. Evidence of this exists not just in television and magazine ads extolling the promises of Viagra and Nexium, but also in a few statistics. First, forty-six percent of Americans use at least one prescription drug daily. Further, in 2001, 3.1 billion prescriptions were issued in the United States at a cost of $132 billion. That amount is projected to increase to $414 billion by 2014.3 Such numbers explain the intensity of the recent political and legal debates surrounding prescription drugs, such as the importation of American pharmaceuticals from Canada …

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 …

Fiera, Guambra, Y Karichina!: Transgressing The Borders Of Community And Academy, Patricia Herrera

Theatre and Dance Faculty Publications

As Latinas with diverse biographies in and out of the university,¹ we share a commitment to actively engage with all of our communities. As students and teachers, we are expected to leave our personal lives out of our "intellectual" workspaces, causing feelings of isolation and fragmentation (hooks, 1994). We are concerned with the ways we can maintain a sense of connection and wholeness for our well-being and that of our communities. Our collaboration with the National Latina Health Organization's (NLH0)² Intergenerational Latina Health Leadership Project has enabled us to work toward this goal. This project provides a revolutionary …

A Closer Look: Signs For Sports, Postsecondary Education Consortium

Course Materials

Featuring vocabulary signs that might be used when teaching or interpreting sports such as football, basketball, baseball, track, and others.

Sacred Heart University Magazine, Winter 2006, Sacred Heart University

Sacred Heart University Magazine

No abstract provided.

Soul By Soul: Life Inside The Antebellum Slave Market, Brian Steele

Vulcan Historical Review

pp. 110-111

Front Matter, Jtaa Editors

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

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.

Gestational Carrier Agreements: Massachusetts Recognition Of The Parties' Choice Of Laws, Michelle-Kim Lee

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.

Working In The Best Interest Of Children: Facilitating The Collaboration Of Lawyers And Social Workers In Abuse And Neglect Cases, Mary Kay Kisthardt

Faculty Works

Working in the best interest of children in abuse and neglect cases is a daunting task for both lawyers and social workers. The legal system is inadequate to meet the myriad needs of children and families in crisis. Yet only under the authority of the legal system can social work and other mental health professions intervene in families on behalf of children. The juvenile court system has been buffeted historically by the competing values and methods of social work and law. The institution and its rules are still evolving today. This dynamic environment means that even if competition for "ownership" …

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 …

Biotechnology's Prescription For Patent Reform, Christopher M. Holman

Faculty Works

On June 8, 2005, Congressman Lamar Smith introduced H.R. 2795, the Patent Reform Act of 2005, aimed at improving the quality and certainty of issued patents, simplifying the patent procurement process, harmonizing U.S. law with international practice, and reining in abusive patent enforcement practices. Congress has set the legislation aside for the time being, but will likely revisit the issue again shortly. The biotechnology industry, one of the fastest growing sectors in the United States economy, strongly opposes many of the proposed reforms. This paper considers the Congressional testimonies of the Biotechnology Industry Organization ("BIO") and other representatives of biotechnology's …

On Wings Of Hope, Volume 10, No. 1, 2006, Phadp, Esther Brown, Darrell Grayson, Jeff Rieber, Omar D., Michael Maxwell, Hannah Jackson, Jimmy Davis, Cora (No Last Name Given)

On Wings of Hope

January–March edition. Includes A Christian Perspective, whose authors are listed elsewhere in this archive.

New Urbanist Zoning For Dummies, Michael Lewyn

Scholarly Works

No abstract provided.

Do Reverse Payment Settlements Violate The Antitrust Laws, Christopher M. Holman

Faculty Works

The term "reverse payment" has been used as shorthand to characterize a variety of diverse agreements between patent owners and alleged infringers that involve a transfer of consideration from the patent owner to the alleged infringer. Reverse payment settlements are particularly associated with drug patent challenges mounted by generic drug companies under the Hatch-Waxman Act. Many, including the Federal Trade Commission, would characterize these agreements as antitrust violations. However, courts have generally declined to find these agreements in violation of the antitrust laws based solely on the presence of a reverse payment.

This article begins in Section II with an …