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2006

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State Of Utah V. Moses Shepherd : Brief Of Appellant, Utah Court Of Appeals Jan 2006

State Of Utah V. Moses Shepherd : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPEAL FROM THE FOURTH DISTRICT COURT UTAH COUNTY, STATE OF UTAH, FROM A CONVICTION OF AGGRAVATED BURGLARY, A FIRST DEGREE FELONY, BEFORE THE HONORABLE LYNN W. DAVIS


Lorin Blauer V. Utah Department Of Workforce Services, An Angency Of The State Of Utah, And Utah Career Service Review Board : Reply Brief, Utah Court Of Appeals Jan 2006

Lorin Blauer V. Utah Department Of Workforce Services, An Angency Of The State Of Utah, And Utah Career Service Review Board : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

No. 20060702-CA Agency Decision No. 9CSRB83 Priority No. 14 REPLY BRIEF Petition for review of final agency decisions by the Career Service Review Board dated June 28,2006 and July 27,2006 in Agency Proceeding No. 9CSRB83


Lorin Blauer V. Department Of Workforce Services, An Agency Of The State Of Utah, And Utah Career Service Review Board : Brief Of Petitioner, Utah Court Of Appeals Jan 2006

Lorin Blauer V. Department Of Workforce Services, An Agency Of The State Of Utah, And Utah Career Service Review Board : Brief Of Petitioner, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Petition for review of final agency decisions by the Career Service Review Board dated June 28,2006 and July 27,2006 in Agency Proceeding No. 9CSRB83


Lorin Blauer V. Utah Department Of Workforce Services, An Agency Of The State Of Utah, And Utah Career Service Review Board: Brief Of Respondent, Utah Court Of Appeals Jan 2006

Lorin Blauer V. Utah Department Of Workforce Services, An Agency Of The State Of Utah, And Utah Career Service Review Board: Brief Of Respondent, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Brief of Department of Workforce Services Petition for Judicial Review of Decision and Final Agency Action of the Utah Career Service Review Board


The State Of Utah V. Edgar Jose Montero : Brief Of Appellant, Utah Court Of Appeals Jan 2006

The State Of Utah V. Edgar Jose Montero : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

BRIEF OF APPELLANT Appeal from a judgment of convictions for murder, a first degree felony offense under Utah Code Ann. § 76-5-203 (2003); aggravated assault, a third degree felony offense under Utah Code Ann. § 76-5-103(l)(b) (2003); and possession/purchase of a dangerous weapon, a third degree felony offense under Utah Code Ann. § 76-10- 503(3)(a) (2003), entered in the Third Judicial District Court, in and for Salt Lake County, State of Utah, the Honorable Stephen L. Henriod, presiding.


State Of Utah V. Nathaniel Thomas Yount : Brief Of Appellee, Utah Court Of Appeals Jan 2006

State Of Utah V. Nathaniel Thomas Yount : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Brief of Appellee Appeal from a conviction for driving under the influence of alcohol and/or a controlled substance, a third degree felony, in the Fifth Judicial District Court of Utah, Beaver County, the Honorable G. Michael Westf all presiding
Case No. 20060901-CA


Miguel David Gedo V. Shacke' Rose : Brief Of Appellant, Utah Court Of Appeals Jan 2006

Miguel David Gedo V. Shacke' Rose : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

BRIEF OF APPELLANT. ON APPEAL FROM THE FOURTH DISTRICT COURT.


The Need To Revisit The Neil V. Biggers Factors: Suppressing Unreliable Eyewitness Identification, Suzannah B. Gambell Jan 2006

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

Wyoming Law Review

No abstract provided.


Cultural Sensitivity Beyond Ethnicity: A Universal Precautions Model, Deborah Dysart Gale Jan 2006

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 …


Illegal Peace?: An Inquiry Into The Legality Of Power-Sharing With Warlords And Rebels In Africa, Jeremy I. Levitt Jan 2006

Illegal Peace?: An Inquiry Into The Legality Of Power-Sharing With Warlords And Rebels In Africa, Jeremy I. Levitt

Journal Publications

When warlords use violence to coerce democratically constituted governments to share power, does power-sharing simply become a euphemism for "guns for jobs"? Which legal rules, if any, govern peace agreements in internal conflicts? Specifically, which rules regulate power-sharing? Are the aims of peace, justice, and adherence to the rule of law attainable, let alone compatible, with coerced political transitions where warlords force democratically constituted or legitimate governments to share power?

This Article represents the first conscientious attempt to address these questions, present a conceptual framework for examining the legal and political efficacy of coercing democratically constituted governments into sharing power, …


Are We Responsible For Our Emotions And Moods?, Michael Schleifer, Miriam S. Mccormick Jan 2006

Are We Responsible For Our Emotions And Moods?, Michael Schleifer, Miriam S. Mccormick

Philosophy Faculty Publications

The short answer to the question in the title of this paper is "yes." Our thesis is that we are indeed responsible for our emotions and moods. We want to help children understand that just as they are responsible for what they do and say, or omit to do or say (along with the consequences of these acts), so are they responsible for much of their affective life. What remains is to explain what we mean by "responsibility," "emotions," and "moods."


The Cult Of Love, Michal Paul Jan 2006

The Cult Of Love, Michal Paul

All Volumes (2001-2008)

There can be no doubt that romantic love is, at a minimum, a cultural preoccupation; arguably, it closer resembles a frenzied obsession. Love is the subject of song lyrics, television shows, films, books, watercooler conversation, gossip, scandal, historic tragedy, and uncountable daydreams and fantasies. Type “romantic love” into a Google search and you will retrieve over 4,570,000 hits for websites featuring the topic. We even recognize a national holiday in its honor. Certainly one could say that love is an ultimate concern in American culture. Just how deep, though, is our devotion to its tenets? I argue that people live …


Sacred Heart University Magazine, Winter 2006, Sacred Heart University Jan 2006

Sacred Heart University Magazine, Winter 2006, Sacred Heart University

Sacred Heart University Magazine

No abstract provided.


Jury Instructions, Not Problematic Expert Testimony, In Child Sexual Assault Cases, Marina Moriarty Jan 2006

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

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Confronting Conventional Thinking: The Heuristics Problem In Feminist Legal Theory, Nancy Levit Jan 2006

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 …


Identity And Market For Loyalties Theories: The Case For Free Information Flow In Insurgent Iraq, Paul D. Callister Jan 2006

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 …


Unique Property: A Supplemental Annotated Bibliography, Nancy Levit Jan 2006

Unique Property: A Supplemental Annotated Bibliography, Nancy Levit

Faculty Works

This bibliography covers law review articles and supplemental A.L.R. entries published after 2002. For literature published from 1997-2002, see Nancy Levit & Robert RM. Verchick, Unique Property: An Annotated Bibliography, 18 J. Am. Acad. Matrim. Law. 589 (2004). A.L.R. entries, the titles of which are usually self-explanatory, are cited, but not annotated. Similarly, articles that concern only a single case or a single state are cited, but not annotated.


Rankings, Reductionism, And Responsibility , Frank Pasquale Jan 2006

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 Jan 2006

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. …


A Case Report Of Ecstasy-Induced Acute Hepatic Failure, Zeli̇ha Koçak Tufan, Cemal Bulut, Sami̇ Kinikli, Hasan Irmak, Gül R. Yilmaz, Ali̇ Pekcan Demi̇röz Jan 2006

A Case Report Of Ecstasy-Induced Acute Hepatic Failure, Zeli̇ha Koçak Tufan, Cemal Bulut, Sami̇ Kinikli, Hasan Irmak, Gül R. Yilmaz, Ali̇ Pekcan Demi̇röz

Turkish Journal of Medical Sciences

3,4-Methylenedioxymethamphetamine (MDMA), also known as "ecstasy", is a synthetic, psychoactive drug chemically similar to the stimulant methamphetamine and the hallucinogen mescaline. It can cause cognitive, physical, psychological and neurological side effects. Ecstasy-induced acute renal failure, liver damage and brain edema are reported in the literature. We report an MDMA-induced toxic hepatitis case which was thought to have viral origin.


Universal Design: An Educational Presentation For Occupational Therapy Students, Steve Fugere, Heather Grasser Jan 2006

Universal Design: An Educational Presentation For Occupational Therapy Students, Steve Fugere, Heather Grasser

Occupational Therapy Capstones

Purpose: Universal design is an emerging practice area within the profession of occupational therapy. Because universal design is an emerging area, educational resources on the topic are limited. If practitioners wish to work in this emerging area, more knowledge and skills need to be developed. The purpose of this scholarly project was to create a resource that could be used to educate occupational therapy students on universal design concepts. Information included in the presentation will help students understand the role of the occupational therapist in the design process.

Method: A literature review was conducted to examine the impact of the …


Body Mechanics Program For A Material Handling Environment, Jeremy Laine Jan 2006

Body Mechanics Program For A Material Handling Environment, Jeremy Laine

Occupational Therapy Capstones

A series of improper body mechanics can lead to injury with in a manual material handling environment (Hagan, 2001). Improper body mechanics are a result of poor work habits that negatively reinforce a worker. When a worker in a manual material handling environment conducts his or her essential job functions, while ambulating to do their job, certain behaviors negatively reward a worker such as completing their tasks faster or what is perceived as more efficient. These behaviors specifically include, but are not limited to: increasing job pace or reckless speed, twisting repetitively, bending at the pelvis, back extension, forceful action, …


The Next ‘New Wave’: Law-Genre Documentaries, Lawyering In Support Of The Creative Process, And Visual Legal Advocacy, Regina Austin Jan 2006

The Next ‘New Wave’: Law-Genre Documentaries, Lawyering In Support Of The Creative Process, And Visual Legal Advocacy, Regina Austin

Fordham Intellectual Property, Media and Entertainment Law Journal

This Article challenges stereotypes and misconceptions about law-genre documentaries. Part I will propose a working definition of law-genre documentaries because such a categorization is a necessary precursor to thinking or writing about the relevance of documentary films to lawyers, law students, and anyone interested in law and the pursuit of justice. The Article will go on from there to describe in Part II the various rhetorical or narrative styles or modes of filmmaking that documentarians employ. Although these styles or modes contribute to the impenetrability of documentary films, an understanding of their limitations can open up documentary films to critical …


Cupola, 2006, Western New England College Jan 2006

Cupola, 2006, Western New England College

Yearbooks

Western New England University was founded in 1919 as the Springfield Division of Northeastern University. The senior yearbooks bore the name of Northeastern University in some way until 1953. The yearbook was given its present day title, The Cupola, in 1961. Yearbooks contain photos of graduating seniors, campus events, student clubs and organizations, faculty and staff, athletic teams and events, and other memorable occasions from the academic year.


Publication List From D’Amour Library’S 4th Annual Faculty Authors’ Tea — Faculty Scholarship, 2005-2006, D'Amour Library Jan 2006

Publication List From D’Amour Library’S 4th Annual Faculty Authors’ Tea — Faculty Scholarship, 2005-2006, D'Amour Library

Faculty Publications - College of Arts and Sciences

4th Annual Faculty Authors' Tea


Helping Students Develop A Humanistic Philosophy Of Lawyering, Beth Cohen Jan 2006

Helping Students Develop A Humanistic Philosophy Of Lawyering, Beth Cohen

Faculty Scholarship

This Article considers the need to help students develop a cohesive philosophy of lawyering and suggests some ideas and methods to help introduce these concepts and concerns to students. Although this Article focuses primarily on aspects of the legal research and writing curriculum and pedagogy as well as professional development programs that can enhance the curriculum, the concepts are applicable and transferable to other subjects and courses. The purpose of this Article is to explore the issues raised by a conscious decision to help students consider and develop a beneficial philosophy of lawyering in areas including the development of legal …


2006-2007 Graduate Bulletin, Rochester Institute Of Technology Jan 2006

2006-2007 Graduate Bulletin, Rochester Institute Of Technology

RIT Digital Archives

No abstract provided.


Getting The Skinny: Fast Food Litigation Is Not A Legal Threat To Business, But It Should Be, J. Brad Reich Jan 2006

Getting The Skinny: Fast Food Litigation Is Not A Legal Threat To Business, But It Should Be, J. Brad Reich

Hofstra Labor & Employment Law Journal

No abstract provided.


Hostile Environment Sexual Harassment & First Amendment Content-Neutrality: Putting The Supreme Court On The Right Path, Peter Caldwell Jan 2006

Hostile Environment Sexual Harassment & First Amendment Content-Neutrality: Putting The Supreme Court On The Right Path, Peter Caldwell

Hofstra Labor & Employment Law Journal

No abstract provided.


(2006) Changing Conceptions Of The Child From The Renaissance To Post-Modernity: A Philosophy Of Childhood, David Kennedy Jan 2006

(2006) Changing Conceptions Of The Child From The Renaissance To Post-Modernity: A Philosophy Of Childhood, David Kennedy

Collected Papers of David Kennedy

In the eight essays that make up this volume David Kennedy offers provocative insights into what it means, has meant, and might mean in the future, to be a child. As we read him we feel the excitement of discovering truths that we want to think we knew all along. This book includes six essays on images of childhood and two extended reports on philosophical discussions he had with two groups of children. In each of those two reports on children’s thinking Kennedy interpolates his own reflections on the topics being discussed, on the methodology he is using, and on …