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Tom Gregory V. Mark Shurteff : Brief Of Amicus Curiae Utah Legislature, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

APPEAL FROM AN ORDER OF DISMISSAL ENTERED BY THE THIRD JUDICIAL DISTRICT COURT, THE HONORABLE L. A. DEVER PRESIDING

Salt Lake City Corporation V. All Taxpayers, Property Owners, And Citizens Of Salt Lake City, Utah, And Mark Shurtleff, Jordan River Restoration Network, Danny Potts, And Nancy L. Saxton, Hans Ehrbar, M. Ray Kingston, Lucy Knorr, And Raymond W. Wheeler, And Lucy Knorr : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

On Appeal from Third Judicial District Court, Salt Lake County, Honorable Robert Hilder Presiding, District Court Case No. 110901081

Can Public Nuisance Law Protect Your Neighborhood From Big Banks?, Kermit J. Lind

Law Faculty Articles and Essays

This article considers how the law of public nuisance might be applied to protect neighborhoods from the destructive forces of the mortgage crisis. For more than thirty years I have been a close observer and a participant in community development at the neighborhood level in Cleveland, Ohio. I now supervise a law school clinical practice that provides legal counsel to an array of nonprofit community development corporations that, for more than thirty-five years, have been renewing housing and neighborhood sustainability in a city going through major social and economic change.

The Statutory Pet Trust: Recommendations For A New Uniform Law Based On The Past Twenty-One Years, Shidon Aflatooni

Animal Law Review

Nearly three-fourths of American households include pets. Often, these pets are considered to be members of the family and are cared for as such. When a pet owner dies, however, questions often arise as to who will be responsible for continuing to care for the animals. Previously, probate and trust laws did not allow pet owners to provide for the care of their pets after death. In 1990, the National Conference of Commissioners on Uniform State Laws (NCCUSL) enacted the first pet trust statute in the Uniform Probate Code. Since then, the NCCUSL passed the Uniform Trust Code, which included …

Veterans Benefits In 2010: A New Dialogue Between The Supreme Court And The Federal Circuit, Paul R. Gugliuzza

American University Law Review

No abstract provided.

Group Well Child Care: An Analysis Of Cost, Hiromi Yoshida

Yale Medicine Thesis Digital Library

GROUP WELL CHILD CARE: AN ANALYSIS OF COST. Hiromi Yoshida, Ada M. Fenick, Marjorie S. Rosenthal. Section of General Pediatrics, Department of Pediatrics, Yale University, School of Medicine, New Haven, CT.

Group well child care is an innovative way to conduct health supervision visits that may allow pediatricians to better serve the needs of patients and their families. Outcomes of child development, maternal mental health, and emergency department utilization in group care are similar to those of individual care. Group well child care will be sustainable in practice only if it is cost neutral or cost saving.

The objective of …

Nearshore Alternative: Latin America's Potential In The Offshore Legal Process Outsourcing Marketplace, Kara D. Romagnino

University of Miami Inter-American Law Review

No abstract provided.

Transcript: Globalisation Of The Hague Children's Conventions With Emphasis On The Child Abduction Convention, William Duncan

Oklahoma Law Review

No abstract provided.

Warning, This Decision Will Increase The Cost Of Prescription Drugs: How The Supreme Court’S Misapplication Of Preemption Doctrine In Wyeth V. Levine Portends Devastating Consequences For Oklahoma, Tyler R. Barrett

Oklahoma Law Review

No abstract provided.

Dw's Cautionary Tale, John Mahoney, Cynthia Mccollum

William Mitchell Law Review

No abstract provided.

Stories Of Civil Rights Progress And The Persistence Of Inequality And Unequal Opportunity 1970-2010, Michael A. Wolff

William Mitchell Law Review

No abstract provided.

Revisions To Minnesota Domestic Violence Law Affords Greater Protection To Vulnerable Victims, Shannon M. Heim

William Mitchell Law Review

No abstract provided.

Malpractice Liability Related To Foreign Outsourcing Of Legal Services, Vincent R. Johnson, Stephen C. Loomis

Faculty Articles

The outsourcing of client-related tasks to service providers in other countries is likely to generate malpractice claims against American law firms. This Article discusses the wide range of theories under which an outsourcing American law firm may be liable for its own negligence or for the actions of outsourcing providers. These theories include negligence by the outsourcing law firm, vicarious liability for the conduct of independent contractors, and vicarious liability for the conduct of business partners.

Taking Ownership Of Legal Outcomes: An Argument Against Dissociation Paradigm And Analytical Gaming, Liaquat Ali Khan

Saint Louis University Law Journal

No abstract provided.

2011 Annual Report Usf St. Petersburg, Usf

USF Accountability Reports

No abstract provided.

Contributions And Limitations Of Empirical Research On Independence And Impartiality In International Investment Arbitration, Gus Van Harten

Articles & Book Chapters

The use of investment treaty arbitration to decide public law raises concerns about judicial independence and impartiality. These concerns arise from the absence of institutional safeguards of independence that are otherwise present in public law adjudication at the domestic or international level. In this article, opportunities to use empirical methods to study possible bias in investment arbitration are surveyed. The discussion includes a brief consideration of qualitative methods and a critique of two quantitative studies on outcomes in investment arbitration. The discussion then turns to the methodology of an ongoing project involving legal content analysis of decisions by investment treaty …

Wages, Work, Privilege, And Legal Education, Gene R. Nichol

Faculty Publications

No abstract provided.

Staying Afloat In The Stream Of Commerce: Goodyear, Mcintyre, And The Ship Of Personal Jurisdiction, S. Wilson Quick

North Carolina Journal of International Law

No abstract provided.

On Legal Education And Reform: One View Formed From Diverse Perspectives, Robert J. Rhee

UF Law Faculty Publications

This article identifies two interconnected problems in legal education. First, legal education and practice are more disconnected than they should be, a reality which distinguishes law schools from other professional schools. The major flaw of legal education as the failure to produce more market-ready lawyers who have a mix of skills and knowledge to add value in a complex and challenging practice environment. Second, law school imposes large direct and opportunity costs on its students. These costs combine with the problem of a deficiency in academic training and post-graduation financing of additional training in the workplace to impose a growing …

Veterans Benefits In 2010: A New Dialogue Between The Supreme Court And The Federal Circuit, Paul R. Gugliuzza

UF Law Faculty Publications

The Supreme Court of the United States rarely grants certiorari in a veterans benefits case. Congress gave the United States Court of Appeals for the Federal Circuit exclusive jurisdiction over veterans appeals in 1988 but, until 2009, the Supreme Court had reviewed only two Federal Circuit veterans decisions. In the 2010 Term, however, the Court decided its second veterans case in less than two years. Although patent lawyers are familiar with a trend of increasing Supreme Court interest in the Federal Circuit’s work, little attention has been paid to the similar, albeit incipient, trend that may be emerging in the …

Helping Haiti In The Wake Of Disaster: Law Students As First Responders, Melissa Gibson Swain, Jonel Newman

Articles

No abstract provided.

Parental Involvement Laws And New Governance, Rachel Rebouché

UF Law Faculty Publications

The stated objectives of parental involvement laws are to protect the health and well-being of minors and to encourage dialogue between parents and adolescents about pregnancy options. Yet decades of studies urge that parental involvement laws do not meet these purposes. Adding to this research, a new ethnography of professionals who implement parental involvement statutes seeks to demonstrate how notice and consent laws and the judicial bypass work in practice. Over the last two years, a non-profit organization, the National Partnership for Women & Families, interviewed 155 lawyers, advocates, judges, health care providers, and court clerks who assist minors in …

Redefining Human Rights Lawyering Through The Lens Of Critical Theory: Lessons For Pedagogy And Practice, Caroline Bettinger-López, Davida Finger, Meetali Jain, Jonel Newman, Sarah Paoletti, Deborah M. Weissman

Articles

No abstract provided.

The Centrality Of Social Justice For An Academic Intellectual Property Institute, Steven D. Jamar, Lateef Mtima

SMU Law Review

No abstract provided.

Civil Evidence, Luis G. Zambrano

SMU Law Review

No abstract provided.

Lawyering And Lobbying: The Discipline Of Public Policy Advocacy, Levi D. Andrist, Joel Gilbertson

North Dakota Law Review

No abstract provided.

Evidence - Privilege Law - How Arkansas's New Rule Of Evidence Codifies "Selective Waiver" Of The Attorney-Client Privilege And Work-Product Protection And An Argument For A More Moderate Approach, Jonathan D. Mcfadden

University of Arkansas at Little Rock Law Review

No abstract provided.

A Primer On The History And Proper Drafting Of Qualified Domestic-Relations Orders, Terrence Cain

Law Faculty Scholarship

The divorce rate in the United States is slightly more than one-half the marriage rate. Divorce is a fact of life in this country, and will likely be so for the foreseeable future. On August 23, 1984, the divorce lawyer’s job got more complicated when Congress created the Qualified Domestic Relations Order ("QDRO") as part of some significant amendments to ERISA. QDROs are necessary because before those 1984 ERISA amendments, a lot of divorced persons discovered that they could be deprived of their marital or community property interest in their former spouses' retirement plans. For most divorcing couples, the two …

Some Thoughts On The State Of Women Lawyers And Why Title Vii Has Not Worked For Them, Theresa M. Beiner

Law Faculty Scholarship

This essay discusses why women lawyers have not been as successful in large firms in spite of graduating from law school in large numbers over the last twenty years. It begins by giving a snapshot of the state of women lawyers, including women lawyers of color. It includes stories and studies of women’s struggles at these firms. It also describes why Title VII has not worked to solve the problems associated with being a successful woman in a law firm. Finally, it suggests some potential solutions that may help women be more successful in these environments.

Contracts Meet Henry Ford, Barak Richman

Hofstra Law Review

Legal scholars and legal educators view contracts as a welfare-maximizing (or optimal risk-allocating) device for two or more parties. Because we cling to this principal-driven paradigm, we think of lawyers only as the proverbial “transaction cost engineers,” the loyal agents of parties to a transaction. And whenever we observe contracts that appear to be suboptimal, we blame agency costs.

We instead should apply the literature on organizational economics to understand the production of contracts by the modern law firm. This literature better illustrates how law firms organize, why they produce the products they do, and why those products sometimes exhibit …