Forced Marriage At The Cambodian Crossroads: Eccc Can Develop A New Crime Against Humanity, Cameron Christensen

BYU Law Review

No abstract provided.

The Proposed Restatement (Fourth) Of The Foreign Relations Law Of The United States: Treaties—Some Serious Procedural And Substantive Concerns, Leila Nadya Sadat

BYU Law Review

No abstract provided.

A Textual Approach To Treaty Non-Self-Execution, Michael D. Ramsey

BYU Law Review

No abstract provided.

Presidential Pronouncements Of Customary International Law As An Alternative To The Senate’S Advice And Consent, Eric Talbot Jensen

BYU Law Review

The Restatement (Fourth) of Foreign Relations Law of the United States has thus far focused on the status of treaties in United States law, and has not specifically considered the topic of customary international law. While the American Law Institute undoubtedly has good reasons for its approach, there is an emerging presidential practice that should catch the attention of the drafters and encourage them to make at least a small foray into customary international law’s impact on the domestic law of the United States. This practice consists of presidents proclaiming to the international community that certain provisions of treaties that …

Scott V. First Jud. Dist. Ct., 131 Nev. Adv. Op. 101 (Dec. 31, 2015), Adrian Viesca

Nevada Supreme Court Summaries

The Court determined that Carson City Municipal Code (“CCMC”) 8.04.050(1) is (1) unconstitutionally overbroad because it “is not narrowly tailored to prohibit only disorderly conduct or fighting words” and (2) vague because it lacked sufficient guidelines and gave the police too much discretion in its enforcement.

Everett P. Wilson Jr., And Darla Wilson, Plaintiffs/Appellees/Respondents, And Educators Mutual Insurance Association Plaintiff/Appellant/Petitioner, Vs. Cade M. Krueger Defendant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

CERTIORARI FROM THE UTAH COURT OF APPEALS' FEBRUARY 25, 2016, RULING REVERSING THE FINAL DECISION OF THE HONORABLE SAMUEL D. MCVEY OF THE UTAH FOURTH JUDICIAL DISTRICT COURT

Sean Kendall, Appellant, V Brett Olsen, Lt. Brian Purvis, Joseph Allen Everett, Tom Edmundson, George S. Pregman And Salt Lake City Corporation, Appellees, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from the Third Judicial District Court, Salt Lake County, Before the Honorable Heather Brereton and William Barrett

Utah Stream Access Coalition, A Utah Non-Profit Corporation, Plaintiff/Appellee, Vs. Vr Acquisitions Llc, A Delaware Limited Liability Company, Et Al., Defendants/Appellants, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from the Fourth Judicial District Court--Wasatch County Hon. Derek Pullan--Case No. 1-00500558

Utah Stream Access Coalition, Appellee/Cross-Appellant, V. Vr Acquisitions Llc And State Of Utah, Appellants/Cross-Appellees, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

On appeal from the Fourth Judicial District Court, Wasatch County, Honorable Derek P. Pullan, District Court No. 100500558

Utah Stream Access Coalition, A Utah Non-Profit Corporation, Plaintiff/Appellee, Vs. Vr Acquisitions Llc, A Delaware Limited Liability Company, Et Al., Defendants/Appellants, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from the Fourth Judicial District Court, Wasatch County, Honorable Derek Pullan, Judge Case #100500558

Pc Riverview, Llc, Respondent/Plaintiff, Vs. Hang Gaung Lin, D/B/A/ Golden Isle Restaurant And Xiao-Yan Cao, Petitioner/Defendants, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

No abstract provided.

State Of Utah, Plaintiff/Appellant, V. Michael Rowan And Rebecca George, Defendant/Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

No abstract provided.

State Of Utah, Plaintiff/Appellee, Vs. Michael Rowan And Rebecca George, Defendants/Appellants, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from a final order dismissing the charges against defendants, which dismissal was entered on the ground that the district court's orders suppressing evidence substantially impaired the prosecution's cases, in the Fourth Judicial District, Utah County, the Honorable Derek P. Pullan presiding

State Of Utah, Plaintiff/Appellant, Vs. Michael Rowan & Rebecca George, Defendant/Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

State's appeal from the Fourth District Court, Utah County, state of Utah, from order of dismissal of charges against defendants after the trial court granted defendants' motion to suppress, before the Honorable Derek P. Pullan

State Of Utah, Plaintiff/Appellant, Vs. Michael Rowan & Rebecca George, Defendant/Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

State's appeal from the Fourth District Court, Utah County, state of Utah, from order of dismissal of charges against defendants after the trial court granted defendants' motion to suppress, before the Honorable Derek P. Pullan

State Of Utah, Plaintiff/Petitioner, V. Manuel Antonio Lujan, Defendant/Respondent, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

On Writ of Certiorari to the Utah Court of Appeals

State Of Utah, Plaintiff/Petitioner, V. Manuel Antonio Lujan, Defendant/Respondent, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

On Writ of Certiorari to the Utah Court of Appeals

State Of Utah, Appellant, V. Manual Antonio Lujan, Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

On Writ of Certiorari to the Utah Court of Appeals

Extending Copyright Protection To Combat Free-Riding By Digital News Aggregators And Online Search Engines, Nancy J. Whitmore

Catholic University Journal of Law and Technology

No abstract provided.

Narrative Ethics And Alterity In Adichie's Novel Americanah, Nora Berning

CLCWeb: Comparative Literature and Culture

In her article "Narrative Ethics and Alterity in Adichie's Novel Americanah" Nora Berning analyses Chimamanda Ngozi Adichie's novel through the lens of a narrative ethics of alterity. Focusing on the notion of alterity, Berning argues that a specific turn-of-the-century ethics emerges in contemporary fictions of migration in general and in intercultural novels in particular. An ethical genre in its own right, such twenty-first century fictions as Americanah generate a particular kind of ethical knowledge that revolves around questions of identity and alterity and around individual and collective perceptions of self and other. By addressing the interplay of "the ethics …

Ethics Of Counter Narrative In Delillo’S Falling Man, Qingji He

CLCWeb: Comparative Literature and Culture

In his article "Ethics of Counter-Narrative in DeLillo's Falling Man" Qingji He analyzes Don DeLillo's counter-narrative in his post-9/11 novel Falling Man. The objective is to show how ethical dimensions function fundamentally in formulating an appropriate counter-narrative and why DeLillo's counter-narrative echoes views expressed in his "In the Ruins of the Future." He argues that DeLillo's counter-narrative entails the necessity of ethical consciousness and responsibility. It is Giorgio Morandi's still life paintings instead of media representation that become pivotal in Lianne's transformative and redemptive process after the terrorist attack. Similarly, David Janiak's performance art and Richard Drew's picture …

Ethics Of Father And Son In Ri's 流域へ (Watershed Above) And Kaneshiro's Go, Inseop Shin, Jooyoung Kim

CLCWeb: Comparative Literature and Culture

In their article "Ethics of Father and Son in Ri's 流域へ (Watershed Above) and Kaneshiro's GO" Inseop Shin and Jooyoung Kim discuss the ethics of father and son as they appear in the two novels by Kaisei Ri and Kazuki Kaneshiro. In both narratives the protagonists suffer from ethical conflicts with their fathers during their struggle to find their identities. The father is port-rayed as a figure who determines the ethical choices the protagonists face when they pursue their own lives. Shin and Kim argue that Korean Japanese fiction is a narrative that folds these choices back on oneself. …

Hesse's Steppenwolf As Modern Ethical Fiction, Michał Koza

CLCWeb: Comparative Literature and Culture

In his article "Hesse's Steppenwolf as Modern Ethical Fiction" Michał Koza discusses the significance of "ethical fiction" in modern literature. Such fiction, according to Kant, Kierkegaard, and Nietzsche, are not only milestones of ethical thinking, but more importantly offer a narrative for self-creation as an ethical subject. Harry Haller, the protagonist of Hermann Hesse's Steppenwolf, is a man living on the border of modern subjectivity embodying a cultural and existential crisis. Koza argues that "ethical reading" enables one to see the relation between philosophy and literature that not only enter in a dialogue with each other, but also share …

Strangers In Their Own Lands: A Story Of Japanese Brazilians, Ken Aragaki

Capstones

Brazil is home to the largest Japanese community outside of Japan. Since the first dispatch of Japanese immigrants in 1908, more than 240,000 people moved from Japan to Brazil between the early 1900s and the 1970s. Many of them settled outside the city of São Paulo and started working as coffee farmers under unfamiliar and harsh conditions. Today, according to some estimates, more than 1.6 million people of Japanese descent live in Brazil.

As Japan became the world’s economic power, it sought foreign workers to fill its booming labor market. The government turned to Japanese Brazilians and started granting them …

How N.Y.’S Biggest For-Profit Nursing Home Group Flourishes Despite A Record Of Patient Harm, Jennifer Lehman

Capstones

How N.Y.'s Biggest For-Profit Nursing Home Group Flourishes Despite a Record of Patient Harm

The state’s “character-and-competence” reviews are supposed to weed out operators with histories of violations and fines— but regulators don’t always act on the full story.

A New Charter Challenges Popular Paradigms, Levi Sharpe

Capstones

Many popular charter schools in New York City, which are highly rated, are known for being heavy on test prep and rigid in structure. Success Academy, the largest charter network in New York City, is the paragon of this type of model. But these models, known as "no-excuse" charters can burn out teachers. Critics also say they squelch students' creativity and their desire to be in class. A New York Times article from April 2015 described Success’ “polarizing tactics," which lead to high teacher turnover. Six months later, The Times also reported on a Success Academy charter in Fort Greene …

Restaurant Owners Owing Millions Of Dollars To Workers Close Down, Only To Open Again Under Related Owners, Rajashree Chakravarty

Capstones

Many restaurants in New York city have cases registered against them for failing to adhere to the labor laws of the state. In most of the cases, workers demand the wage that they have lost over the course of their work but face a hard time retrieving the money from the employers. In many cases, the owners declare bankruptcy and close down the restaurant for the time being but open again under a different name or under the ownership of a related family member. Though the court cases are ruled in the workers’ favor, they do not get the money …

Silk Wings: The Making Of Noma, Sandra C. Lopez-Monsalve

Capstones

Silk Wings: The Making of Noma is a documentary that follows a group of aerialists, dancers and acrobats as they create an original new show. Conceived and directed by aerialist and choreographer Sara Zepezauer, Noma is a show that explores sight, sound, and movement.

Through beautifully shot performances and intimate interviews, the film follows Sara and her troupe through the path of creation and personal motivations. In this vibrant journey, Sara finds inspiration to cope with her father’s diagnosed carcinoma.

Silk Wings is a story about creativity, perseverance, hope and friendship.

Police Misconduct Towards The Transgender Community, Carlotta Mohamed

Capstones

Kristen Lovell, a black transgender woman and activist, takes precautions everyday as she rides the subway from the Bronx to Manhattan for work. “I know there are people who are intolerant of trans people or have some chip on their shoulder because I exist, and I’m a firm believer in self-defense,” said Lovell, 35, program coordinator at the Metropolitan Community Church of New York. “It could be because I’m black, it could be because I’m trans...they just feel like slicing my face today. I don’t know."

A Comparison Of Sign Searches, Live-Trapping, And Camera-Trapping For Detection Of American Badgers (Taxidea Taxus) In The Chihuahuan Desert, Robert L. Harrison

Western North American Naturalist

In communities where they occur, American badgers (Taxidea taxus) play important ecological, economic, and conservation roles. Central to understanding of badger ecology and management are estimates of badger population status. However, few studies have compared methods of detecting badgers for population surveys. I compared searches for burrows and diggings, live-trapping, and the use of automatic cameras at scent lures, bait stations, and anthropogenic permanent and temporary wildlife water sources in the Chihuahuan Desert of southern New Mexico. Searches for confirmed badger burrows and diggings yielded 0.14–0.88 detections per kilometer of transect. Badgers were trapped in 1.6% of trap-weeks. …