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Utah Business Insurance Company V. Workers Compensation Fund : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from the Third Judicial District Court in and for Salt Lake County, Utah

Utah Business Insurance Company V. Workers Compensation Fund : Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from Entry of Judgement by the Honorable Paul G. Maughan, Third District Court Judge

Jon Van De Grift V. Utah : Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from a final judgment and order of the Third Judicial District Court, Honorable Paul G. Maughan, Presiding

The Fair Value Accounting Debate And The Future Of The Profession, Kristina Ann Bowers

Honors Program Theses

In 2006 and 2007, new accounting statements were issued that expanded fair value accounting, which have led to a debate that extends beyond the accounting profession to the rest of the business community. While fair value accounting is not a new concept or accounting practice, the new requirements related to the statements, combined with the recent credit crisis that started in 2007, have caused many companies and users of the financial statements to argue whether or not current fair value accounting practices should be continued.

Risk Management Plans For University Athletic Facilities, Brittney Donlin

Honors Program Theses

Researching available literature on the specific topic of risk management planning for athletic facilities indicates that there is a dearth of work in this area1 . This finding is surprising given the number of people attending college and professional athletic events each weekend and recent history of violent incidents, such as the shootings in Tucson, Northern Illinois University and Virginia Polytechnic Institute (VPI). The limited articles available in this area provide an explanation of risk management processes and methodologies related to controlling campus risks, mostly focusing on the insuring of physical property against the perils of fire, wind, water and …

Integrated Marketing Communications Plan For Hospiceadeasy, Megan Elizabeth Horn

Honors Program Theses

HospiceADEASY is an online store where hospices can purchase high-quality, pre-produced, customizable hospice promotional materials. Available materials include billboards, brochures, e-marketing materials, print advertisements, 30-second radio ads and 30-second TV ads. HospiceADEASY is operated by ME&V, a full-service marketing, advertising and fundraising agency. ME&V has a wealth of experience in hospice marketing, fundraising, higher education marketing, healthcare marketing and more. This plan sets out the steps HospiceADEASY should take to increase its sales and reach a wider audience. It covers all the bases from traditional direct mail advertising to new forms of online communications and can be implemented, in full …

Scholarship Management System, Eric Irvin Sauser

Honors Program Theses

The following document is my personal reflection looking back at the process to develop the Scholarship Management System. I will begin by offering a high‐level overview of the system as well as why I chose the project for my honors thesis. I will then explain the steps I took to complete the project as well as the functionality included in the system. I will close by assessing the value of the system to the users and provide a statement of my personal gains as a result of this project.

Beyond Individualism In Law And Economics, Robert B. Ahdieh

Faculty Scholarship

The study of law and economics was built upon two pillars. The first is the familiar assumption of individual rationality. The second, less familiar, is the principle of methodological individualism. Over the last twenty years, law and economics has largely internalized behavioral critiques of the rationality assumption. By contrast, the field has failed to appreciate the implications of growing challenges to its methodological individualism. Where social norms shape individual choices, network externalities are strong, coordination is the operative goal, or information is a substantial determinant of value, a methodology strongly oriented to the analysis of individuals overlooks at least as …

The Flaws Of Foreign Affairs Legalism, Daniel Abebe, Eric A. Posner

Faculty Scholarship

Foreign affairs legalism, the dominant approach in academic scholarship on foreign relations law, holds that courts should abandon their traditional deference to the executive in foreign relations, and that courts and Congress should take a more activist ole in foreign relations than they have in the past. Foreign affairs legalists believe that greater judicial involvement in foreign relations would curb executive abuses and promote adherence to international law. This Article argues that foreign affairs legalism rests on implausible assumptions about the incentives and capacities of courts. In U.S. history, the executive has given more support to international law than the …

United States Of America, Michael B. Gerrard, Gregory E. Wannier

Faculty Scholarship

The prospect of carbon liability in the United States is a relatively recent phenomenon. It is only in the last decade that US environmental lawyers and policy-makers have begun to turn their attention to climate change, as climate-related litigation has surged, government action on several fronts has begun, and climate change has generally been recognised as a factor to consider in decision-making across the economy. This chapter lays out existing options to establish liability for greenhouse gas (‘GHG’) emissions along legislative, regulatory and judicial channels.

Beyond Collective Bargaining: Modern Unions As Agents Of Social Solidarity, Gillian Lester

Faculty Scholarship

Trade unions in both North American and Europe have long embraced — at least rhetorically, but often manifestly — participation in the civic and political spheres as part of their mission. In recent years, however, unions — especially in America — have come to be seen by many, rightly or wrongly, as pursuing their own ‘special interests’. Unions possess the technology of social mobilization, but have often (and not unreasonably) focused their resources on grassroots organizing and local bargaining strategies. At a time when unions are seeking levers for revitalization, a promising path is for them to use their mobilization …

A Populist Threat To China's Courts?, Benjamin L. Liebman

Faculty Scholarship

Is the Chinese party-state too responsive to public opinion? In the case of the courts, this may be the case. Western literature has devoted extensive attention to the problems in the Chinese legal system, in particular in the courts, describing a system that continues to be undermined by a range of problems, from corruption to lack of competence to continued Communist Party intervention. Likewise, existing literature describes a legal system that often is unresponsive to individual demands for justice. In this chapter, I examine another possibility: that one impediment to the development of courts that are able to protect individual …

Comparative Law: Problems And Prospects, George A. Bermann, Patrick Glenn, Kim Lane Scheppele, Amr Shalakany, David V. Snyder, Elizabeth Zoller

Faculty Scholarship

The following is an edited transcript of the closing plenary session of the XVIIIth International Congress of Comparative Law. The session took place on Saturday, July 31, 2010, in Washington, D.C., at the conclusion of the week-long congress, which is held quadrennially by the International Academy of Comparative Law (Académie Internationale de Droit Comparé). The remarks were given in a mix of French and English, but for ease of reading the transcript below is almost entirely in English.

Organizational Representation And The Frontiers Of Gatekeeping, William H. Simon

Faculty Scholarship

I spend more than half of my Professional Responsibility (“PR”) survey course discussing issues distinctive to organizational clients. I do so in part to take into account the realities of practice. If we can generalize from John Heinz and Edward Laumann’s Chicago study, about sixty-five percent of lawyering time is devoted to organizational clients. Yet, the PR issues involved in representing organizational clients occupy a comparatively small portion of legal doctrine, casebooks, and scholarship.

Another reason I emphasize organizational clients is that recent developments in this sphere, especially in securities and tax, have great general interest.

Impartial Patents, Clarisa Long

Faculty Scholarship

Over the past decade or more, a rising sense of dissatisfaction with patent law has begun to creep across the patent community. A number of factors no doubt have contributed to this sense of dissatisfaction, among them the perception that patents are too often being enforced by “trolls” (if you don’t like them) or “nonpracticing entities” (if you want to remain neutral). Professor Parchomovsky and Mr. Mattioli propose a solution in which they create two new forms of patent protection that they call “quasi-patents” and “semi-patents” – or generically, “partial patents.” Partial patents are designed to be cheaper to obtain …

Toward A Geopolitics Of The History Of International Law In The Supreme Court – Remarks By Lori F. Damrosch, Lori Fisler Damrosch

Faculty Scholarship

I am pleased to have been one of the contributors to the forthcoming volume that provides the occasion for the present panel.' David Sloss and his co-editors, William Dodge and Michael Ramsey, deserve congratulations for coming up with a concept for a much-needed research project, for assembling a group of scholars from different disciplines, for organizing an authors' conference that was a model of collaborative interaction, and for exemplary editing of the papers. The volume examines an astounding number of cases involving international law at the Supreme Court and should become an indispensable reference for lawyers, scholars, and judges. The …

Louis Henkin (1917-2010), Lori Fisler Damrosch

Faculty Scholarship

Louis Henkin died in New York City on October 14, 2010, a few weeks short of his ninetythird birthday. He was in a class by himself at the intersection of international law, international politics, and the constitutional law of foreign relations in the second half of the twentieth century and the first years of the new millennium.

Reflections, Asil Newsletter, William James Adams, Susam Baer, Lee C. Bollinger, Jacques Bourgeois, David D. Caron, Roger C. Cramton, Tomas Dumbrovsky, Claus-Dieter Ehlermann, Rosalyn Higgins, Nicholas Calcina Howson, Jon Henry Kouba, Panos Koutrakos, Peter Kresák, Hans Christian Krüger, Jeffrey S. Lehman, Pierre Mathijsen, William I. Miller, John A.E. Pottow, Li Qian, John Reitz, Gerald M. Rosberg, Joseph L. Sax, Detlev Vagts, Michel Waelbroeck, John M. Walker

Faculty Scholarship

The American Society of International Law Committee recommended that the Manley 0. Hudson Medal be awarded to Professor Eric Stein for his lifetime of significant contributions to international and comparative law. Stein, the Hessel E. Yntema Professor of Law, Emeritus, at the University of Michigan Law School, had been an active supporter of ASIL as Honorary Vice President, Counsellor, and Honorary Editor of, and frequent contributor to, the American Journal of International Law. His many books and articles established him as a leading thinker and writer on European Community law and on what he described in a famous article …

Baum Lecture 2010, Lee C. Bollinger

Faculty Scholarship

As part of the Baum Lecture Series at the University of Illinois College of Law, Columbia University President Lee C. Bollinger delivered a lecture on September 14, 2010, on the essential role of a global free press in providing the information needed to understand the many problematic issues we face as a result of globalization. In this presentation, President Bollinger addressed the challenges of maintaining high-quality institutions of American journalism with an international reporting capacity in the face of rapidly changing market forces. He further discussed America’s interest in seeing the rise of a free and independent press in nations …

The United States Supreme Court: An Introduction, Bert I. Huang

Faculty Scholarship

The Supreme Court of the United States has always occupied a center place in the comparative study of judicial institutional design and the role of courts. In this roundtable discussion, National Taiwan University College of Law is honored to have Professor Bert I. Huang from Columbia Law School, United States, who had served as the law clerk of Supreme Court Justice David H. Souter, to unveil the ways that the U.S. Supreme Court functions by introducing the certiorari process and the system of law clerks. Based on his own experience, Professor Huang provides his insight on the institution of law …

Building Pathways Of Possibility From Criminal Justice To College: College Initiative As A Catalyst Linking Individual And Systemic Change, Susan P. Sturm, Kate Skolnick, Tina Wu

Faculty Scholarship

Across the United States, communities, especially marginalized and low income communities, face challenges resulting from the “school-to-prison pipeline”—a continuum of conditions increasing the probability that people from such marginalized communities, particularly black men, will find themselves in prison rather than college.1 Dismantling this pipeline has become a significant national focus of advocates and policy makers. In New York City, a network has emerged in the last ten years to focus on building a new pipeline from criminal justice to college. This network focuses on rebuilding the lives of the over 70 thousand people who have fallen into the school-to-prison pipeline. …

The Fisk-Vanderbilt Master’S-To-Ph.D. Bridge Program: Recognizing, Enlisting, And Cultivating Unrealized Or Unrecognized Potential In Underrepresented Minority Students, Keivan G. Stassun, Susan P. Sturm, Kelly Holley-Bockelmann, Arnold Burger, David J. Ernst, Donna Webb

Faculty Scholarship

The Fisk-Vanderbilt Masters-to-Ph.D. Bridge Program is a model for substantially increasing the number of underrepresented minority students earning doctoral degrees in the physical sciences. The program presently leads the nation in master’s degrees in physics for African-Americans, and is one of the top ten producers of physics master’s degrees among all U.S. citizens. The program is on pace to become the nation’s top producer of underrepresented minority Ph.Ds. in physics, astronomy, and materials science. We summarize the main features of the program, including two of its core strategies: Partnering a minority-serving institution and a major research university through collaborative research, …

Feminism's Family, Clare Huntington

Faculty Scholarship

To take the pulse of feminist legal theory, a good place to start is family law. Feminist legal theory delves broadly and deeply into questions of structure and gendered assumptions in the law, but within this larger inquiry, feminist scholars perennially address issues that are the bread and butter of family law – domestic violence, reproductive freedom, compensation for care work, equal partnerships, and so on. Many family law scholars are engaged in an ongoing project of developing a critical understanding of the family by examining issues such as the role the family performs in society, the legal construction of …

Purple Haze, Clare Huntington

Faculty Scholarship

It takes only a glance at the headlines every political season – with battles over issues ranging from abortion and abstinence-only education to same-sex marriage and single parenthood – to see that the culture wars have become a fixed feature of the American political landscape. The real puzzle is why these divides continue to resonate so powerfully. In Red Families v. Blue Families: Legal Polarization and the Creation of Culture, Naomi Cahn and June Carbone offer an ambitious addition to our understanding of this puzzle, illustrating pointedly why it is so hard to talk across the political divide. In a …

Kiobel And Corporate Immunity Under The Alien Tort Statute: The Struggle For Clarity Post-Sosa, Dorothy S. Lund

Faculty Scholarship

In September 2010, a two-judge Second Circuit majority ruled that corporations are immune from liability under the Alien Tort Statute (“ATS”). This statute, which grants aliens access to federal district courts, has emerged as a controversial tool for international norm enforcement in the last thirty years. The unexpected decision to foreclose corporate liability has generated a wave of criticism from human rights activists and international law scholars who claim that the decision is grounded in a fundamental misunderstanding of international law.

This commentary examines the Kiobel decision against other recent interpretations of the ATS, especially those following the Supreme Court’s …

In Memoriam: William J. Stuntz, Pamela S. Karlan, Michael J. Klarman, Martha Minow, Daniel C. Richman, Robert E. Scott, David Skeel, Carol Steiker

Faculty Scholarship

Bill made a lot of errors in his articles. I know that, because he told me so, often in graphic detail, sometimes years after writing them; sometimes days. As anyone familiar with Bill or his work knows, this sort of harsh self-criticism bespeaks not any laxity or insouciance on Bill’s part, or even a false modesty, but rather an intense commitment to intellectual rigor, and (even more astounding for a legal academic) actually “getting it right.”

The Challenges Of Developing Cross-Cultural Legal Ethics Education, Professional Development, And Guidance For The Legal Professions, Philip Genty

Faculty Scholarship

The broad goal of this paper is to describe the need, and provide a framework, for engaging in cross-cultural conversations among lawyers, law teachers, and others, who are using legal ethics as a vehicle for improving the legal professions and the delivery of legal services. All legal cultures struggle with the question of how to educate students and lawyers to be ethical professionals and how to regulate the legal profession effectively. The purpose of the cross-cultural conversations discussed in this paper would be to develop principles of legal ethics education, professional development, and regulation of the legal professions that can …

Maximizing Autonomy In The Shadow Of Great Powers: The Political Economy Of Sovereign Wealth Funds, Kyle Hatton, Katharina Pistor

Faculty Scholarship

Sovereign wealth funds ("SWFs") have received a great deal of attention since they appeared as critical investors during the global financial crisis. Reactions have ranged from fears of state intervention and mercantilism to hopes that SWFs will emerge as model long-term investors that will take on risky investments in green technology and infrastructure that few private investors are willing to touch. In this paper we argue that both of these reactions overlook the fact that SWFs are deeply embedded in the political economy of their respective sovereign sponsors. This paper focuses on four political entities that sponsor some of the …

Strategic Liability In The Corporate Group , Richard Squire

Faculty Scholarship

The typical large corporation divides itself into numerous subsidiaries but then overrides the liability barriers between them by having the subsidiaries and the parent company cross-guarantee each other's major debts. Previous scholarly theories of the corporate group cannot explain why. The leading theory posits that the subsidiaries make it easier for creditors to evaluate risk because they enable each creditor to lend against a discrete asset pool within the broader enterprise. But any such efficiency would be undercut by the guarantees, which transmit credit risk across subsidiary boundaries. This Article argues that the combination of subsidiaries and intragroup guarantees reflects …

International Antitrust Cooperation And The Preference For Nonbinding Regimes, Anu Bradford

Faculty Scholarship

Today, multinational corporations operate in increasingly international markets, yet antitrust laws regulating their competitive conduct remain national. Thus, corporations are subject to divergent antitrust regimes across the various jurisdictions in which they operate. This increases transaction costs, causes unnecessary delays, and raises the likelihood of conflicting decisions. The risks inherent in multi-jurisdictional regulatory review were prominently illustrated in the proposed GE/Honeywell acquisition, which failed following the European Union’s (“EU”) decision to prohibit the transaction despite its earlier approval in the United States. Inconsistent remedies imposed on Microsoft following parallel investigations by both the U.S. and EU authorities serve as another …