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2009

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Larry N. Long V. Ethics And Dicipline Committee Of The Utah Supreme Court : Brief Of Petitioner, Utah Supreme Court Jan 2009

Larry N. Long V. Ethics And Dicipline Committee Of The Utah Supreme Court : Brief Of Petitioner, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

On Petition for Review or Petition for Extraordinary Relief from a final Order of Discipline: Admonition, Order of Discipline: Public Reprimand, and Order of Discipline: Public Reprimand by Respondent Ethics and Discipline Committee of the Utah Supreme Court, OPC File Nos. 07-0497, 08-0049, and 08-0080.


Foreword: Entrepreneurism In A Flat, Green, Cash-Strapped World, Eric J. Gouvin Jan 2009

Foreword: Entrepreneurism In A Flat, Green, Cash-Strapped World, Eric J. Gouvin

Faculty Scholarship

On October 17, 2008, the Western New England College School of Law and School of Business jointly hosted the third annual Conference on Entrepreneurship and Community Economic Development (Conference). The Conference was sponsored by the Western New England College Law and Business Center for Advancing Entrepreneurship (Law and Business Center or Center) as one of its many educational outreach efforts and service projects. This issue of the Western New England Law Review provides a record of the Articles that were presented at the Conference. The Law and Business Center offers students an outstanding opportunity to apply, expand, and refine their …


State Of Utah V. Randy Fetch Jeffs : Amicus Brief, Utah Supreme Court Jan 2009

State Of Utah V. Randy Fetch Jeffs : Amicus Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

BRIEF OF AMICUS CURIA UTAH ASSOCIATION OF COUNTIES APPEAL FROM THIRD DISTRICT COURT OF THE STATE OF UTAH SALT LAKE COUN Y, SALT LAKE DEPARTMENT JUDGE LLIAM W. BARRETT


State Of Utah V. Randy Fetch Jeffs : Brief Of Appellant, Utah Supreme Court Jan 2009

State Of Utah V. Randy Fetch Jeffs : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Initial Brief of Appellant


State Of Utah V. Branson Parduhn : Brief Of Appellant, Utah Supreme Court Jan 2009

State Of Utah V. Branson Parduhn : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from an interlocutory order denying Defendant's Motion For Order In Re Expenses of Defense Representation, entered by the Honorable Royal Hansen, Third Judicial District Court, Salt Lake County, State of Utah. Defendant is not incarcerated in connection with this case. This is not an Anders brief.


State Of Utah V. Branson Parduhn : Brief Of Appellee, Utah Supreme Court Jan 2009

State Of Utah V. Branson Parduhn : Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

TNTERLOCUTORY APPEAL FROM THIRD DISTRICT COURT OF UTAH HONORABLE ROYAL I. HANSEN


State Of Utah V. Antony Davis : Amicus Brief, Utah Supreme Court Jan 2009

State Of Utah V. Antony Davis : Amicus Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

BRIEF OF AMICUS CURIAE, UTAH ASSOCIATION OF COUNTIES APPEAL FROM THIRD DISTRICT COURT OF THE STATE OF UTAH SALT LAKE COUNTY, SALT LAKE DEPARTMENT JUDGE VERNISE TREASE


A Shift Toward Gender Equality In Prosecutions: Realizing Legitimate Enforcement Of Crimes Committed Against Women In Municipal And International Criminal Law, Tamara F. Lawson Jan 2009

A Shift Toward Gender Equality In Prosecutions: Realizing Legitimate Enforcement Of Crimes Committed Against Women In Municipal And International Criminal Law, Tamara F. Lawson

Articles

A new era of law enforcement has emerged recognizing the importance of punishing gender-specific violence. This first wave of "gender-sensitive prosecutors" has changed the way crimes against women are handled in the criminal justice system. The enactment of gender neutralizing laws and policies has dramatically improved the enforcement of crimes against women and attempts to end the era of impunity. This Article addresses the changes in prosecutions and further considers international human rights treaties that require gender equality in law enforcement.

In criminal law, it is the willingness of a prosecutor to exercise his or her discretionary authority to file …


10 Tips For Getting Jurors To Talk, Maureen A. Howard Jan 2009

10 Tips For Getting Jurors To Talk, Maureen A. Howard

Articles

“Jury selection” is a misnomer because lawyers don’t actually get to “select” ideal jurors; they get a limited opportunity to “deselect” the worst prospective jurors. The goal of voir dire is to identify these jurors by uncovering their attitudes, beliefs, opinions, preconceptions, biases, and prejudices. To accomplish this, a lawyer has a difficult task: she must foster an honest, intimate conversation among strangers in a very public, formal environment.

Even honest jurors may give misleading answers during voir dire due to nervousness, inattention, faulty memory, or misunderstanding. The formal courtroom atmosphere can have a chilling effect at odds with the …


Northwest Arkansas: Point-In-Time Homeless Census, Kevin M. Fitzpatrick, Brad A. Mystol Jan 2009

Northwest Arkansas: Point-In-Time Homeless Census, Kevin M. Fitzpatrick, Brad A. Mystol

Homelessness

The goal of the present study is to provide Washington and Benton County government officials and homeless service providers with reliable empirical information on the current number of homeless, their characteristics, living circumstances, service use/needs and chronic conditions.


Introduction, Aals Symposium On Institutional Pluralism: The Role Of Religiously Affiliated Law Schools, John H. Garvey Jan 2009

Introduction, Aals Symposium On Institutional Pluralism: The Role Of Religiously Affiliated Law Schools, John H. Garvey

Scholarly Articles

No abstract provided.


Chapter 13 Plan Must Pay Adequate Protection Payments Prior To Attorney’S Fees, Brian Lacoff Jan 2009

Chapter 13 Plan Must Pay Adequate Protection Payments Prior To Attorney’S Fees, Brian Lacoff

Bankruptcy Research Library

(Excerpt)

In In re Dispirito, a decision of importance to Chapter 13 debtors’ attorneys, the Bankruptcy Court for the District of New Jersey ruled that an undersecured creditor was entitled not only to adequate protection payments, but that the section 507(b), 11 U.S.C. § 507(b) (2006), “super-priority” status of the inadequate adequate protection provided during the case meant that the Chapter 13 plan had to pay those amounts before paying any of the debtor’s attorneys fees. 371 B.R. 695, 695 (Bankr. D.N.J. 2007). This article will compare how the Dispirito court’s ruling compares to other bankruptcy court’s rulings. It …


Can Software Be A Bankruptcy Petition Preparer?, Thomas Szaniawski Jan 2009

Can Software Be A Bankruptcy Petition Preparer?, Thomas Szaniawski

Bankruptcy Research Library

(Excerpt)

Recently, in Reynoso v. United States (In re Reynoso) — a case of first impression for the Ninth Circuit that addressed the intersection of cyberspace and bankruptcy — the court held that a provider of web-based bankruptcy software was a bankruptcy petition preparer (“BPP”) under 11 U.S.C. section 110 and that under California law, the features and functionality of the software went beyond mere typesetting and constituted the unauthorized practice of law. Reynoso v. United States (In re Reynoso), 477 F.3d 1117 (9th Cir. 2007). In re Reynoso is significant because prior to this …


Leveraging Grantmaking: Understanding The Dynamics Of Complex Social Systems, David Peter Stroh Jan 2009

Leveraging Grantmaking: Understanding The Dynamics Of Complex Social Systems, David Peter Stroh

The Foundation Review

· The nonobvious interrelationships among elements in a complex system often thwart people’s best intentions to sustainably improve system performance.

· The complex, nonlinear problems that most foundations address can be solved most effectively by thinking systemically instead of linearly about these problems.

· Systems thinking offers a range of analytic tools to improve our capacity to think systemically, including ways to distinguish problem symptoms from root causes, reinforcing and balancing feedback, system archetypes, mental models, and system purpose and goals.

· Applying these tools enables us to target highleverage interventions that can lead to sustainable, system-wide improvement.

· These …


Reflections On Judge Barefoot Sanders, Edward Cloutman Jan 2009

Reflections On Judge Barefoot Sanders, Edward Cloutman

SMU Law Review

No abstract provided.


Fall 2009 Jan 2009

Fall 2009

University of Richmond Magazine

No abstract provided.


Success Or Failure?: Japan's National Strategy On Intellectual Property And Evaluation Of Its Impact From The Comparative Law Perspective, Toshiko Takenaka Jan 2009

Success Or Failure?: Japan's National Strategy On Intellectual Property And Evaluation Of Its Impact From The Comparative Law Perspective, Toshiko Takenaka

Articles

This short Article will discuss Japan's national IP strategy and changes brought to the IP system, focusing on features that follow the U.S. IP system. Additionally, it will review these changes from the comparative law perspective and evaluate whether the new system has accomplished its national strategy mission.


Richmond Law Magazine: Winter 2009, University Of Richmond Jan 2009

Richmond Law Magazine: Winter 2009, University Of Richmond

Richmond Law Magazine

Right Place, Right Time: New downtown center expands Law School connections with the Richmond community

The Feedback Loop: The effect of human behavior on the law

Court Appeal: Alumni clerks gain experience in federal appellate courts

Reaching Out: Minority students enrich the school and profession


Failure To Arrest: A Pilot Study Of Police Response To Domestic Violence In Rural Illinois , Sara R. Benson Jan 2009

Failure To Arrest: A Pilot Study Of Police Response To Domestic Violence In Rural Illinois , Sara R. Benson

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Proceedings Of The One Hundred Tenth Annual Meeting Of The North Dakota State Bar Association, North Dakota State Bar Association Jan 2009

Proceedings Of The One Hundred Tenth Annual Meeting Of The North Dakota State Bar Association, North Dakota State Bar Association

North Dakota Law Review

No abstract provided.


Parent's Guide, 2009-2013, Illinois State University, Dean Of Students Office, Parent Services Jan 2009

Parent's Guide, 2009-2013, Illinois State University, Dean Of Students Office, Parent Services

Parent and Family Guide

Campus guide prepared by the Illinois State University Dean of Students Office's Parent Services Department


The Clinical Year, Stephen J. Ellmann Jan 2009

The Clinical Year, Stephen J. Ellmann

Articles & Chapters

This article makes the case for the value – and the feasibility, under current accreditation and related rules governing law schools - of a clinical rotation for law students, modeled on the rotations that are a key part of medical school education. The “clinical year,” which would engage students in almost full-time practice/study for their third year of law school, could be a significant step in building the complete apprenticeship that the Carnegie Foundation for the Advancement of Teaching has urged. It would also rely to a large extent on the supervision, and teaching, that adjunct law school faculty – …


The History Of The New York City Law Department: Fighting For The City By William E. Nelson, Ross Sandler Jan 2009

The History Of The New York City Law Department: Fighting For The City By William E. Nelson, Ross Sandler

Articles & Chapters

No abstract provided.


Diversity In Adr: More Difficult To Accomplish Than First Thought, F. Peter Philips Jan 2009

Diversity In Adr: More Difficult To Accomplish Than First Thought, F. Peter Philips

Articles & Chapters

No abstract provided.


Just What The Doctor Ordered: The Need For Cross-Cultural Education In Law School, Andrew King-Ries Jan 2009

Just What The Doctor Ordered: The Need For Cross-Cultural Education In Law School, Andrew King-Ries

Faculty Law Review Articles

This article urges law schools to follow their medical counterparts by incorporating cross-cultural education into their curricula.

Part II discusses the Grutter v. Bollinger decision and the Supreme Court's recognition of the benefits of diversity to legal education.

Part III highlights the changing demographics of the United States and how those demographics require immediate response from the legal academy.

Part IV considers the experience of medical education. This section begins by exploring a study of the medical profession conducted by the Institute of Medicine. The section then addresses medical schools' response to the Institute of Medicine report and the subsequent …


Bulletin Of The University Of San Diego School Of Law 2009-2011, University Of San Diego. School Of Law Jan 2009

Bulletin Of The University Of San Diego School Of Law 2009-2011, University Of San Diego. School Of Law

School of Law Course Catalogs (1954-2013)

70 pages : illustrations, photographs ; 18.5 x 28 cm


Foreign Direct Investment (Fdi) - Destination India, Muhammad Shakil Khan Jan 2009

Foreign Direct Investment (Fdi) - Destination India, Muhammad Shakil Khan

Business Review

Foreign Direct Investment (FDI) is becoming more and more revolutionary and happening phenomenon across the globe. The FDI is giving new hope and height to the economy of the nations across the frontiers of the countries. It is adding extra pace of economic growth and sustainability in terms of capital, human skills, machineries and equipment. FDI is not only enriching the Balance of Payments (BOP) but at the same time helping the nations in establishing the social bonds with other nations. The recent approval made on March7’2008 by the Ministry of Finance, Govt. of India, clearing 18 FDI proposals worth …


Indiana's Latest Study Of The Legal Needs Of The Poor, Amy Applegate, Monica A. Fennell Jan 2009

Indiana's Latest Study Of The Legal Needs Of The Poor, Amy Applegate, Monica A. Fennell

Articles by Maurer Faculty

No abstract provided.


The Devil Made Me Do It: The Corporate Purchase Of Insurance, Victor P. Goldberg Jan 2009

The Devil Made Me Do It: The Corporate Purchase Of Insurance, Victor P. Goldberg

Faculty Scholarship

Despite the fact that public corporations ought to be risk neutral, they often carry insurance. This note first considers why insurance (or more precisely, the package of services provided by insurance companies) might create value, regardless of the risk preferences of managers, shareholders, or other corporate stakeholders. One motive is that their contractual counterparties – buyers, lessors, and lenders – require that they carry insurance. Three explanations for why the requirement might be value enhancing are proposed.


The Law V. The Stranger: Language Interpretation And Legal Space In Lexington, Ky, Karen S. Kinslow Jan 2009

The Law V. The Stranger: Language Interpretation And Legal Space In Lexington, Ky, Karen S. Kinslow

University of Kentucky Master's Theses

This thesis examines the role of interpretation in legal encounter in Lexington, Kentucky. Through an analysis of legal and interpretation practices, this study seeks to ascertain how these practices may affect non-native or low-proficiency English speakers’ (LLPs) experiences with both federal and local laws and legal spaces. This place-based study involves in-depth qualitative research. Using the methodological framework of feminist geo-jurisprudence, this research contributes to our understanding of 1) the limits of the publicity of legal space and, more specifically, the ways in which language barriers can prevent legal inclusion; 2) local strategies and tactics for dealing with the challenges …