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2009

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Nickerson Company V. Weyher Construction Co. Llc, Energy West Mining Co., Genwal Resources Inc., And Employers Mutual Casualty Co, John Does 4 &5 : Brief Of Appellant, Utah Court Of Appeals Jan 2009

Nickerson Company V. Weyher Construction Co. Llc, Energy West Mining Co., Genwal Resources Inc., And Employers Mutual Casualty Co, John Does 4 &5 : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

No abstract provided.


Kelari Mecham V. Labor Commission; Scott's Roustabout Service; Travelers Insurance Co.; And Employers Reinsurance Fund : Unknown, Utah Court Of Appeals Jan 2009

Kelari Mecham V. Labor Commission; Scott's Roustabout Service; Travelers Insurance Co.; And Employers Reinsurance Fund : Unknown, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

RESPONSE BRIEF OF SCOTT'S ROUSTABOUT SERVICE AND TRAVELERS INSURANCE CO.


Manuel Romero V. Alice Romero : Brief Of Appellant, Utah Court Of Appeals Jan 2009

Manuel Romero V. Alice Romero : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

APPEAL FROM DIVORCE DECREE ENTERED BY THE THIRD JUDICIAL DISTRICT COURT, SALT LAKE COUNTY HONORABLE TERRY CHRISTIANSEN


Gilbert Development Corporation V. Wardley Corporation : Brief Of Appellant, Utah Court Of Appeals Jan 2009

Gilbert Development Corporation V. Wardley Corporation : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

On appeal from a judgment of the Fifth District Court for Washington County The Honorable G. Rand Beacham


Real Feminists For Motherhood Coalition, Petitioner V. Virginia, Bridget Leanne Welborn Jan 2009

Real Feminists For Motherhood Coalition, Petitioner V. Virginia, Bridget Leanne Welborn

Richmond Journal of Law and the Public Interest

JUSTICE KENNEDY delivered the opinion of the Court, in which CHIEF JUSTICE ROBERTS, and JUSTICES BREYER, STEVENS, and THOMAS joined. CHIEF JUSTICE ROBERTS filed a concurring opinion, in which JUSTICE THOMAS joined. JUSTICE SCALIA filed a dissenting opinion, in which JUSTICE ALITO joined. JUSTICE GINSBERG filed a dissenting opinion, in which JUSTICE SOUTER joined. Since this Court decided Roe v. Wade in 1973,1 we received numerous requests to reconsider the validity of that ruling or to otherwise limit its application. Petitioner renews this request, asking us to discard our much maligned and now limited Roe doctrine. After struggling with this …


Protecting Neglect: The Constitutionality Of Spiritual Healing Exemptions To Child Protection Statutes, Scott St. Amand Jan 2009

Protecting Neglect: The Constitutionality Of Spiritual Healing Exemptions To Child Protection Statutes, Scott St. Amand

Richmond Journal of Law and the Public Interest

This comment examines the historically uncertain balance between an individual's right to freely exercise his religious beliefs and the state's countervailing interest to protect the welfare of its youngest and most vulnerable citizens. By detailing the history of this fragile relationship through its statutory and judicial renderings, this comment will illustrate that spiritual exemptions to child protection statutes violate the Establishment Clause of the First Amendment, as well as the Equal Protection Clause of the Fourteenth Amendment, and conflict directly with multiple landmark Supreme Court decisions.


New Options For Child Support Payments, Sue K. Varon, Jennifer Varon Jan 2009

New Options For Child Support Payments, Sue K. Varon, Jennifer Varon

Richmond Journal of Law and the Public Interest

Non-custodial parents pay child support in a variety of ways. Divorced parents should be provided with all possible options for making these payments. Some new options have emerged both in the public and private sectors.


Domino Effect Of The Current Economic Crisis, Sue K. Varon, Martin S. Varon Jan 2009

Domino Effect Of The Current Economic Crisis, Sue K. Varon, Martin S. Varon

Richmond Journal of Law and the Public Interest

The deepening recession, increased unemployment, and stalled housing market have negatively impacted the financial situation of most clients of the family lawyer. Many clients' homes are underwater because of declining values. Those divorcing couples fortunate enough to have equity in their most significant marital asset, their home, are unable to sell it. Combined with the plummeting value of retirement accounts, practitioners are looking at marital asset balance sheets that are nothing less than bleak.


The Pulpit Initiative: Fighting To Return America's First Freedom To Her Churches, David Abbondanza Jan 2009

The Pulpit Initiative: Fighting To Return America's First Freedom To Her Churches, David Abbondanza

Richmond Journal of Law and the Public Interest

This Comment looks at the foundational principles of the Pulpit Initiative and examines first, whence the need for a change came, and second, whether it is likely to come about. Part 11 examines the historical developments that resulted in the 1954 amendment banning pastors from speaking on candidates from the pulpit. Part III focuses on the ADF and its rationale for bringing about change along with the constitutional reasoning behind its arguments. Part IV provides some concluding remarks surrounding this initiative's likely future and whether the ADF and its associated pastors stand a chance of succeeding against the United States …


Adopting A New Approach To Medical Information For Adoptees, Jessica Marie Yoke Jan 2009

Adopting A New Approach To Medical Information For Adoptees, Jessica Marie Yoke

Richmond Journal of Law and the Public Interest

Some estimates indicate that at least six million adoptees lived in the United States in 1997. "After factoring in birth parents and adoptive parents for each adoptee, the number of persons directly affected by the adoption process grows to over [twenty-four million] persons." States conducted many of these adoptions privately, particularly those that did not occur recently, so the parties remain anonymous to one another. Thus, an enormous number of Americans are now struggling in a system built on antiquated law that is not very useful, and in fact might be harmful. This Comment proposes a solution to this overlooked …


Til Proposition 8 Do Us Part: The Rise And Fall Of Same-Sex Marriage In California, Addie V. Kies Jan 2009

Til Proposition 8 Do Us Part: The Rise And Fall Of Same-Sex Marriage In California, Addie V. Kies

Richmond Journal of Law and the Public Interest

This Note examines the California Supreme Court's decision in In re Marriage Cases, which legalized same-sex marriage in the state. Part II traces the history of same-sex marriage legislation in California, including the impact of Proposition 22. Part III summarizes the procedural background of In re Marriage Cases and analyzes the court's opinion. Part IV discusses Proposition 8's role in reversing In re Marriage Cases and explains the lawsuits pending against it. Part V suggests an alternative compromise to the same-sex marriage debate.


Douglas Stewart Carter V. State Of Utah : Reply Brief, Utah Court Of Appeals Jan 2009

Douglas Stewart Carter V. State Of Utah : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

REPLY BRIEF OF APPELLANT.


Hi-Country Estates Homeowners Association V. Foothills Water Company : Brief Of Appellee, Utah Court Of Appeals Jan 2009

Hi-Country Estates Homeowners Association V. Foothills Water Company : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the Third Judicial District Court, Salt Lake County, State of Utah The Honorable Stephen Roth


Nancy M. Wood V. Eastern Utah Broadcasting, Workers Compensation Fund And Utah Labor Commission : Reply Brief, Utah Court Of Appeals Jan 2009

Nancy M. Wood V. Eastern Utah Broadcasting, Workers Compensation Fund And Utah Labor Commission : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

REPLY BRIEF OF THE APPELLANT Case No. 20090440 Petition for Review front the Order on Remand From Utah Court of Appeals of the Appeals Board of the Utah Labor Commission


Acknowledgment, Katherine Wallmeyer Payne Jan 2009

Acknowledgment, Katherine Wallmeyer Payne

Richmond Journal of Law and the Public Interest

The Richmond Journal of Law and the Public Interest has had a very successful-if very busy-year. At the end of the summer, we published The General Assembly in Review, which was the Journal's first issue published in print. In the fall, we published an issue dedicated to campaign finance reform to correspond with the presidential election. We also hosted a public symposium on this topic, with two experts debating the merits of recent campaign finance reform measures. In the winter, we published an issue dealing with health care reform. And in the spring, we published an issue focused on family …


Schools, Mandates, And Money: Education In The 2009 Session Of The Virginia General Assembly, Angela A. Ciolf, Sarah A. Geddes Jan 2009

Schools, Mandates, And Money: Education In The 2009 Session Of The Virginia General Assembly, Angela A. Ciolf, Sarah A. Geddes

Richmond Journal of Law and the Public Interest

This article will recount the development of this year's revisions to the 2008-2010 budget, examine the long-term implications of budgetary decisions affecting public education, and review notable pieces of substantive education legislation. It will also highlight the major features of the new Standards of Accreditation-implementing graduation rate accountability-and special education regulations. Finally, this article will offer a framework for analyzing the critical education-funding decisions likely to come before the 2010 General Assembly as Virginia continues to feel the effects of a global economic crisis.


Entry And Service Of Protective Orders In Virginia: Are You Really Protected, Susheela Varky Jan 2009

Entry And Service Of Protective Orders In Virginia: Are You Really Protected, Susheela Varky

Richmond Journal of Law and the Public Interest

According to the Virginia Department of State Police, there has been a legislative effort in 2008 and 2009 over the past two years to ensure that essential data from protective orders1 is entered into the Virginia Criminal Information Network ("VCIN") immediately upon the order's issuance. While data entry may seem like a dull topic, the following story highlights the dire significance of this seemingly mundane task.


Notable Bills Of The 2009 Session Of The Virginia General Assembly Jan 2009

Notable Bills Of The 2009 Session Of The Virginia General Assembly

Richmond Journal of Law and the Public Interest

Notable House and Senate Bills during the 2009 session of the Virginia General Assembly


Injury-In-Fact, Justice-In-Fiction: Toward A More Realistic Definition Of Injury In The Context Of Unenforced Criminal Laws, Jason R. Lafond Jan 2009

Injury-In-Fact, Justice-In-Fiction: Toward A More Realistic Definition Of Injury In The Context Of Unenforced Criminal Laws, Jason R. Lafond

Richmond Journal of Law and the Public Interest

This article argues that the "prosecution or the credible threat of prosecution" standard endorsed by the Supreme Court of the United States to analyze standing in challenges to criminal laws is too narrow. Part I seeks to counter the notion of unenforced criminal laws as "dead words" and "harmless empty shadows" by reviewing recent research from multiple disciplines, including psychology, sociology, and economics, which shows that unenforced laws have as strong an effect on individuals and society as prosecution or the threat of prosecution. Part II traces the history and rationale of the notion of standing and the requirement of …


Sabrina Rahofy V. Lynn Steadman, And Steadman Land And Livestock : Brief Of Appellee, Utah Court Of Appeals Jan 2009

Sabrina Rahofy V. Lynn Steadman, And Steadman Land And Livestock : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

APPEAL FROM ORDER BY THE FIFTH JUDICIAL DISTRICT COURT, HONORABLE JUDGE G. MICHAEL WESTFALL


Lowering The Bar: In Re Van Orden And The Constitutionality Of The 2006 Amendments To Missouri's Sexually Violent Predator Act, Lauren Standlee Jan 2009

Lowering The Bar: In Re Van Orden And The Constitutionality Of The 2006 Amendments To Missouri's Sexually Violent Predator Act, Lauren Standlee

Richmond Journal of Law and the Public Interest

Given the public's fear and anxiety regarding sex offenders, especially those who target children, society is predisposed to lock them up and throw away the key. To avoid reproach, however, our society must trust in our judicial processes and involuntarily commit only those who are found to be sexually violent predators beyond a reasonable doubt. Furthermore, the judicial system must unconditionally release sexually violent predators when they are deemed to no longer pose a danger to themselves or to others. The methods by which our society commits and holds such individuals implicate not only their behavior but also our own, …


Sabrina Rahofy V. Lynn Steadman : Brief Of Petitioner, Utah Court Of Appeals Jan 2009

Sabrina Rahofy V. Lynn Steadman : Brief Of Petitioner, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF PETITIONERS LYNN STEADMAN AND STEADMAN LAND & LIVESTOCK, LLC


Tom Watkins V. Henry Day Ford : Brief Of Appellee, Utah Court Of Appeals Jan 2009

Tom Watkins V. Henry Day Ford : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the Third Judicial District Court In and For Salt Lake County, State of Utah Judge Tyrone Medley Civil No. 050911728


Marlene Stone V. Richard Flint And Judy Flint : Brief Of Appellee, Utah Court Of Appeals Jan 2009

Marlene Stone V. Richard Flint And Judy Flint : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from Order Dismissing Respondent's Counterclaim Second Judicial District Court, Weber County, Ogden Department, State of Utah Michael D. Lyon, District Court Judge.


Jack W. Peterson V. D. Scott Jackson, Alan D. Allred, And Peterson Allred Jackson, P.C. : Reply Brief, Utah Court Of Appeals Jan 2009

Jack W. Peterson V. D. Scott Jackson, Alan D. Allred, And Peterson Allred Jackson, P.C. : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from a Judgment of the First Judicial District Court Cache County, Utah The Honorable Judge Kevin K. Allen Presiding


Stevens-Henager College V. Eagle Gate College, Provo College, Mosese Iongi, Trevor Smith, Wallace Rogers, Richard Horwitz, Steven Todd Knecht, And Jana Miller : Brief Of Appellee, Utah Court Of Appeals Jan 2009

Stevens-Henager College V. Eagle Gate College, Provo College, Mosese Iongi, Trevor Smith, Wallace Rogers, Richard Horwitz, Steven Todd Knecht, And Jana Miller : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLEES EAGLE GATE COLLEGE, PROVO COLLEGE AND JANA MILLER.


Korilee Lilly V. Aaron Matthew Lilly : Brief Of Appellee, Utah Court Of Appeals Jan 2009

Korilee Lilly V. Aaron Matthew Lilly : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLEE Appeal from the Third Judicial District Court, Salt Lake County, State of Utah, the Honorable Glenn K. Iwasaki.


Tonda Lynn Hampton V. Professional Title Services : Reply Brief, Utah Court Of Appeals Jan 2009

Tonda Lynn Hampton V. Professional Title Services : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

No abstract provided.


Hydroxyl Radical Is Produced Via The Fenton Reaction In Submitochondrial Particles Under Oxidative Stress: Implications For Diseases Associated With Iron Accumulation, Carin Thomas, Melissa M. Mackey, Amy A. Diaz, David P. Cox Jan 2009

Hydroxyl Radical Is Produced Via The Fenton Reaction In Submitochondrial Particles Under Oxidative Stress: Implications For Diseases Associated With Iron Accumulation, Carin Thomas, Melissa M. Mackey, Amy A. Diaz, David P. Cox

All Faculty Scholarship for the College of the Sciences

Mitochondrial dysfunction and reactive oxygen species (ROS) are often implicated in diseases involving oxidative stress and elevated iron. As mitochondria produce ATP by oxidative phosphorylation, ROS by-products are generated from the electron transport chain. Although superoxide and hydrogen peroxide have been thoroughly investigated, little evidence documents hydroxyl radical (HO•) production in mitochondria. In order to determine whether HO• is generated under oxidative stress conditions by a Fenton-type mechanism, bovine heart submitochondrial particles were examined for HO• in the presence and absence of iron ligands, antioxidant enzymes and HO• scavengers. HO• was measured as 2,3- and 2,5-dihydroxybenzoic acid (DHBA), using HPLC …


Biofuels: Potentials, Problems & Solutions, Richard L. Ottinger Jan 2009

Biofuels: Potentials, Problems & Solutions, Richard L. Ottinger

Elisabeth Haub School of Law Faculty Publications

Biofuels have the exciting potential of mitigating the grave threats of global warming, reducing the world's dependence on imported oil from insecure sources and of reducing the skyrocketing costs of oil that are threatening to undermine the world's economies and devastating the people in non-oil producing, developing countries. For the people in these countries, biofuel offer a promising road to enhance development since they use local materials, can provide local jobs, and do not require the import of expensive equipment and expertise. Brazil has been the pioneer in the use of biofuel, allowing it to eliminate its oil imports, becoming …