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Thoughts On Arbitrator Selection: Why My Father Was (Usually) A Good Choice, Robert H. Smit

Faculty Scholarship

Many of the letters, cards and emails of condolence that I received after my father, Professor Hans Smit, passed away last year were from lawyers who had appeared before my father, serving as arbitrator, in international arbitrations. Most said very nice things about my father, some over the top: “worthy of canonization,” “a force of nature,” “Odysseus,” an “icon.” Others were kind but more restrained (coming perhaps from attorneys whose clients fared less well before my father): “creative,” “indomitable,” “fair but scary.” One of my favorites, from a non-native English speaker, was even more neutral, describing my father simply as …

The Fundamentalist Church Of Jesus Christ Of Latter-Day Saints V. Thomas C. Horne; Bruce R. Wisan; Mark Shurtleff; And Hon. Denise Posse Lindberg; Et Al. : Opposition Brief Of Appellants, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

On Certification from the United States Court of Appeals for the Tenth Circuit CaseNos. 11-4049, 11-4050, 11-4053, 11-4059, 11-4066, 11-4071, 11-4072 & 11-4076 OPPOSITION BRIEF OF APPELLANTS' SPECIAL FIDUCIARY WISAN AND HONORABLE DENISE POSSE LINDBERG

The Fundamentalist Church Of Jesus Christ Of Latter-Day Saints V. Thomas C. Horne; Bruce R. Wisan; Mark Shurtleff; And Hon. Denise Posse Lindberg; Et Al. : Reply Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Review of Question of Law Certified by the United States Court of Appeals, Tenth Circuit

The Fundamentalist Church Of Jesus Christ Of Latter-Day Saints V. Thomas C. Horne; Bruce R. Wisan; Mark Shurtleff; And Hon. Denise Posse Lindberg; Et Al. : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

No abstract provided.

The Fundamentalist Church Of Jesus Christ Of Latter-Day Saints V. Thomas C. Horne; Bruce R. Wisan; Mark Shurtleff; And Hon. Denise Posse Lindberg; Et Al. : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

UTAH ATTORNEY GENERAL MARK L. SHURTLEFF'S REPLY BRIEF ON CERTIFIED QUESTION OF LAW FROM THE UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT

The Fundamentalist Church Of Jesus Christ Of Latter-Day Saints V. Thomas C. Horne; Bruce R. Wisan; Mark Shurtleff; And Hon. Denise Posse Lindberg; Et Al. : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

On Certification from the United States Court of Appeals for the Tenth Circuit Case Nos. 11-4049, 11-4050, 11-4053, 11-4059, 11-4066, 11-4071, 11-4072 & 11-4076 OPENING BRIEF OF APPELLANTS' SPECIAL FIDUCIARY WISAN AND HONORABLE DENISE POSSE LINDBERG

The Fundamentalist Church Of Jesus Christ Of Latter-Day Saints V. Thomas C. Horne; Bruce R. Wisan; Mark Shurtleff; And Hon. Denise Posse Lindberg, Et Al. : Opening Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Review of Question of Law Certified by the United States Court of Appeals, Tenth Circuit

Garza V. Burnett : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

No abstract provided.

Edwin B. Parry And Express Recovery Services V. Luonda M. Davis : Unknown, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

On appeal from the Third District Court of the < •; State of Utah, in County of Salt Lake a ON REVIEW FOR THE DISTRICT COURT OF APPEALS, THIRD DISTRICT CASE NOS. 20120284 and 110418042.

Mark L. Shurtleff V. Wisan : Unknown, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

The State of Utah and Utah Attorney General mark L. Shurtleff's Opening Brief on Appeal of Fee Orders of the Third Judicial District Court, Judge Denise P. Lindberg, Presiding.

R. Scott Reynolds V. Jeffrey G. Bickel And Tanner L.C. : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from a Final Order of the Third Judicial District Court, Salt Lake County, State of Utah Honorable Robert P. Faust

Delta Canal Company; Melville Irrigation Company; Abraham Irrigation Company; Deseret Irrigation Company; And Central Utah Water Company V. Frank Vincent Family Ranch Lc: Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

APPEAL FROM THE FOURTH DISTRICT COURT, MILLARD COUNTY, STATE OF UTAH THE HONORABLE JAMES BRADY

Don S. Redd V. Virginia Hill : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

BRIEF OF APPELLANT-DEFENDANT, VIRGINIA HILL

Delta Canal Company; Melville Irrigation Company; Abraham Irrigation Company; Deseret Irrigation Company; And Central Utah Water Company V. Frank Vincent Family Ranch Lc: Brief Of Appellants, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

An appeal from a judgment of the Fourth District Court, Millard County The Honorable James Brady

Why Do Corporations Donate? An Analysis Of Factors Affecting Corporate Philanthropy, Patrick Luensmann

Honors Program Theses

The purpose is to determine the influence of measureable economic variables on corporate philanthropy among the top 30 American companies between 2007 and 2009. The significant variables in the model, with a 10% significance level, are Net Income, Assets, Financial Leverage, PE Ratio, and Profit Margin. The model can account for 87.41% of the change between the two years.

"The Effect Of Basic Financial Literacy On Choice Of College Major": A Study Of Accounting And Education Majors At A Four-Year University In The Midwest, Austin Prescott Foster

Honors Program Theses

Previous studies have been done to gauge the level of financial literacy possessed by various cultural sub-groups, what students in different majors see as the driving forces behind what they want their career to be, and income inequalities between jobs. There is currently a gap in the literature with respect to whether knowing the yearly income of one's parent(s) plays a significant role in major choice. This research was conducted to determine whether disclosure of yearly income by parents influences their child's choice of college major.

The "Gateway" Problem In International Commercial Arbitration, George A. Bermann

Faculty Scholarship

Participants in international commercial arbitration have long recognized the need to maintain arbitration as an effective and therefore attractive alternative to litigation, while still ensuring that its use is predicated on the consent of the parties and that the resulting awards command respect. A priori, at least, all participants – parties, counsel, arbitrators, arbitral institutions – have an interest in ensuring that arbitration delivers the various advantages associated with it, notably speed, economy, informality, technical expertise, and avoidance of national fora, while producing awards that withstand judicial challenge and otherwise enjoy legitimacy.

National courts play a potentially important policing role …

The Law And Economics Of Fluctuating Criminal Tendencies And Incapacitation, Murat C. Mungan

Faculty Scholarship

Economic analyses of criminal law are frequently and heavily criticized for being unable to explain many criminal law rules and doctrines that people find intuitively just. Existing economic models cannot properly explain, for instance, why criminal law distinguishes between (i) repeat offenders and first-time offenders, (ii) murder and voluntary manslaughter, and (iii) remorseful and non-remorseful offenders.

In this Article, I propose a new and richer economic theory of crime that captures the rationales behind these practices, and potentially behind many other important criminal law principles and doctrines. Unlike an overwhelming majority of previous economic analyses, my theory accounts not only …

Intuition And Feminist Constitutionalism, Suzanne B. Goldberg

Faculty Scholarship

In any constitutional system, we must ask, as a foundational inquiry, when and why a government may distinguish between groups of constituents for purposes of allocating benefits or imposing penalties. For feminists and others with a stake in challenging inequalities, the rationales that a society deems acceptable for justifying these classifications are centrally important. Heightened scrutiny jurisprudence for sex-based and other distinctions may help capture some of the rationales that rest on stereotypes and outmoded biases. However, at the end of the day, whatever level of scrutiny is applied, the critical question at any level of review is whether, according …

Sovereign Wealth Funds And Global Finance, Katharina Pistor

Faculty Scholarship

This chapter focuses on a number of specific sovereign wealth funds (SWFs) whose portfolios indicate strong interests in finance both in their home countries and abroad. It first reviews empirical evidence that shows SWFs having been major investors in Western financial intermediaries for decades. It then considers the organization and governance of SWFs, with particular emphasis on the three main schools of thought as well as the predictions one can derive from them vis-à-vis the behavior of individual actors in the global financial network: economic theories, economic sociology, and political economy. It also presents case studies that “test” these theories …

Arbitration In The Roberts Supreme Court, George A. Bermann

Faculty Scholarship

The Supreme Court’s most recent set of arbitration law rulings — Stolt-Nielsen, S.A. v. AnimalFeeds Int’l, Rent-A-Center West v. Jackson, and AT&T Mobility v. Concepcion — merits all the attention it has been receiving. Taken collectively, the three decisions evidence the powerful commitment of a Supreme Court majority to arbitration as an alternative form of dispute resolution — a commitment so strong as to override important consumer welfare interests. At a minimum, the trilogy erects substantial barriers to the conduct of class arbitration, a form of arbitration that consumer advocates regard as essential to protecting consumer welfare.

In …

The Obligatory Structure Of Copyright Law: Unbundling The Wrong Of Copying, Shyamkrishna Balganesh

Faculty Scholarship

Courts and scholars today understand and discuss the institution of copyright in wholly instrumental terms. Indeed, given the forms of analysis that they routinely employ, one might be forgiven for thinking that copyright is nothing more than a comprehensive government-administered scheme for encouraging the production of creative expression and is therefore quite legitimately the subject matter of public law. While this instrumental focus may have the beneficial effect of limiting copyright’s unending expansion, it also serves as a source of distraction. It directs attention away from the reality that copyright is fundamentally a creation of the law and is thus …

Property As Modularity, Thomas W. Merrill

Faculty Scholarship

Professor Henry Smith’s Property as the Law of Things urges a return to an older conception of property as rights with respect to things – and justifies this in terms of a very new conception of property based on modularity. Throughout, he highlights the importance of information costs in determining the structure of property law, starting with a baseline of in rem rights of exclusion supplemented by governance rules to deal with exceptional situations. I fully agree with his emphasis on the centrality of things in the law of property, the in rem nature of property, the primacy of exclusion …

Securities Class Actions Against Foreign Issuers, Merritt B. Fox

Faculty Scholarship

This Article addresses the fundamental question of whether, as a matter of good policy, it is ever appropriate that a foreign issuer be subject to the U.S. fraud-on-the-market private damages class action liability regime, and, if so, by what kinds of claimants and under what circumstances. The bulk of payouts under the U.S. securities laws arise out of fraud-on-the-market class actions – actions against issuers on behalf of secondary market purchasers of their shares for trading losses suffered as a result of issuer misstatements in violation of Rule 10b-5. In the first decade of this century, foreign issuers became frequent …

Affirmative Action In Higher Education Symposium: Comment, Lee C. Bollinger

Faculty Scholarship

This issue – affirmative action in higher education – is an issue of enormous significance for the country. So I don't for a second treat this as just another conversation about an important legal question. I think this is one of those issues that define the country.

I'll tell you what I did as President of the University of Michigan, and in the course of that I'll try to explain the ways in which we formulated the cases that went to the Supreme Court and resulted in very important clarifications to the Fourteenth Amendment and affirmative action. Then I want …

Neuroscience And The Child Welfare System, Clare Huntington

Faculty Scholarship

Increasingly, scholars and policymakers are calling for programs that take a preventive approach to child abuse and neglect, rather than our current tendency to respond only after a crisis. There are significant social and economic arguments supporting this shift. The Nurse-Family Partnership, developed by David Olds and discussed in this symposium, illustrates how specific investments in family functioning can lower rates of child abuse and neglect, leading to a host of positive outcomes for children and society, from greater educational attainment to less involvement in the criminal justice system. Thinking about child well-being more broadly, the Nobel laureate James Heckman …

Federalizing Fiduciary Duty: The Altered Scope Of Officer Fiduciary Duty Following Orderly Liquidation Under Dodd-Frank, Dorothy S. Lund

Faculty Scholarship

The financial crisis of 2008 ushered in a new era of regulatory reform in the United States. The failure of several large banks prompted Congressional scrutiny ofthe U.S. bank regulatory system. Many critics highlighted the government's failure to intervene to prevent Lehman Brothers' insolvency, which resulted in economic turmoil not yet resolved. Against this backdrop, Congress enacted the Dodd-Frank Wall Street Reform and Consumer Protection Act ("Dodd-Frank") in July 2010.

Dodd-Frank mandates institutional changes to minimize economic instability and establishes regulatory processes to guide the government's response to future bank failures. At the heart of the regulation is the Orderly …

Automatic Document Classification In Small Environments, Jonathan David Mcelroy

Master's Theses

Document classification is used to sort and label documents. This gives users quicker access to relevant data. Users that work with large inflow of documents spend time filing and categorizing them to allow for easier procurement. The Automatic Classification and Document Filing (ACDF) system proposed here is designed to allow users working with files or documents to rely on the system to classify and store them with little manual attention. By using a system built on Hidden Markov Models, the documents in a smaller desktop environment are categorized with better results than the traditional Naive Bayes implementation of classification.

Dating The State: The Moral Hazards Of Winning Gay Rights, Katherine M. Franke

Faculty Scholarship

On August 1, 2009, a masked man dressed in black carrying an automatic weapon stormed into Beit Pazi in Tel Aviv, the home of the Aguda, the National Association of GLBT in Israel. He opened fire on a group of gay and lesbian teenagers who were meeting in the basement for "Bar-Noar," or "Youth Bar," killing two people and wounding at least ten others. This terrible act of violence attracted immediate national and international attention and condemnation. President Simon Peres declared the next day:

[T]he shocking murder carried out in Tel Aviv yesterday against youths and young people is a …

Accountability And The Bureau Of Consumer Financial Protection, Susan Block-Lieb

Faculty Scholarship

Some industry and political actors oppose the Consumer Financial Protection Bureau (CFPB) on the grounds that its institutional design ensures its lack of accountability. Specifically, opponents point to the CFPB’s regulatory and financial independence and to the fact that a single director heads the Bureau rather than a bipartisan panel of commissioners. But to focus on the Bureau’s financial independence and single director misses the distinctive political deal struck when Congress created the CFPB. The CFPB has been uniquely and intentionally structured to insulate it not only from interest group influence and executive interference, but also from congressional control, while …