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Moriah Lee Chesley, Petitioner/Appellee, Vs. Benjamin Wade Chesley, Respondent/Appellant. : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

REPLY BRIEF OF APPELLANT

Appeal from the Decree of Divorce in the Third Judicial District Court in and for Tooele
County, Judge Robert Adkins

Dean White, Petitioner/Appellant, Vs. Julie Dawn White, Respondent/Appellee, : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLANT

Appeal from the Fourth District Court, Utah County, State of Utah
The Honorable Judge McDade

Ryan Uresk Harvey, Rocks Off, Inc. And Wild Cat Rentals, Inc., Plaintiffs/Appellants, Vs. Ute Indian Tribe Of The Uintah And Ouray Reservation, Et Al., Defendants/Appellees., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLEES UTE INDIAN TRIBE OF UINTAH AND OURAY RESERVATION; L.C. WELDING & CONSTRUCTION, INC.; AND HUFFMAN ENTERPRISES, INC.

South Salt Lake City, Plaintiff/Appellee, V. S. Steven Maese, Defendant/Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Brief of Appellee

Appeal from convictions on two traffic offense infractions
in the Third Judicial District Court, Salt Lake County, the
Honorable Randall Skanchy presiding, wherein the
defendant's request for a jury trial on infraction charges
was denied.

State Of Utah, Plaintiff/Appellee, V. Jeremy Bowden, Defendant/Appellant. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Brief of Appellee

Appeal from convictions for attempted aggravated murder, a
first degree felony; receiving a stolen vehicle and obstruction
of justice, both second degree felonies; four counts of
discharging a firearm, all third degree felonies; and failure to
stop at the command of law enforcement, a class A
misdemeanor, in the Third Judicial District, Salt Lake County,
the Honorable Douglas Hogan presiding

Kraig T. Higginson, An Individual, And Mark Burdge, An Individual, Defendants/Appellants, Vs. Jacquelynn D. Carmichael And Megan M. Moss, As Personal Representatives Of The Estate Of James E Morton, Plaintiffs/Appellees. : Brief Of Appellants, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLANTS

Appeal from the Third Judicial District Court, Salt Lake County, State of Utah
The Honorable Royal Hansen

Sam Pino, Jeanne R. Thomas, Todd Palmer, And Jodie Palmer Plaintiffs/Appellants, Vs. Entity #4812420-0140, Commonly Known As The Well Corporation, A Utah Nonprofit Corporation Defendant/Appellee. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLANT

APPEAL FROM SUMMARY JUDGMENT
ENTERED IN THE UTAH THIRD JUDICIAL DISTRICT COURT,
SALT LAKE COUNTY, HONORABLE ROBERT FAUST

Thomas K. True And Melissa L. True, Appellants, V. Utah Department Of Transportation, Appellee. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

RESPONSE BRIEF

On appeal from a final judgment of the Second Judicial District Court,
Weber County, State of Utah, the Honorable Joseph M. Bean presiding

Conocophillips Company And Pioneer Pipe Line Company, Plaintiffs And Appellees, V. Utah Department Of Transporation And Ames Construction, Inc., Defendants And Appellants. : Brief Of Appellees, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLEES

On Appeal from the Second Judicial District Court, Davis County, State of
Utah, Honorable Thomas L. Kay, District Court No. 120700141

Richard Hardy Plaintiff And Appellant, V. Jeremy Montgomery, Julie Montgomery, Defendants And Appellees. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

OPENING BRIEF OF APPELLANTS

APPEAL FROM THE
TRIAL FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT
THE HONORABLE JUDGE HARMOND - SEVENTH JUDICIAL DISTRICT COURT
IN AND FOR CARBON COUNTY, STATE OF UTAH

Utah State Engineer; Central Utah Water Conservancy District; Metropolitan Water District Of Salt Lake And Sandy; Provo River Water Users Association; Utah Lake Distributing; And The United States Of America, Appellees V. Evan Johnson, Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

In the matter of the general determination of all the rights to the use of water, both
surface and underground, within the drainage area of the Utah Lake and Jordan River
in Utah, Salt Lake, Davis Summit, Wasatch, Sanpete, and Juab Counties, in Utah.
Juab-Goshen Valley Division, Goshen Valley Subdivision, Area 53, Book 1

ON APPEAL FROM THE THIRD JUDICIAL DISTRICT COURT, IN AND
FOR SALT LAKE COUNTY, UTAH (HON. LAURA SCOTT)

ANSWERING BRIEF FOR THE UNITED STATES OF AMERICA

Carol H. Peterson, Trustee Of The Larry A. And Carol H. Peterson Family Trust, Uad, February 7, 2003, Plaintiff/Appellee, V. Mark A. Pierce; Julie D. Pierce, And John Does 1-5, Defendants/Appellants. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF THE APPELLEE

Appeal from the Fourth District Court, Millard County,
Judge Jennifer A. Brown

State Of Utah, Plaintiff/Appellee, V. Jeremy Bowden, Defendant/Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Brief of Appellee

Appeal from convictions for attempted aggravated murder, a
first degree felony; receiving a stolen vehicle and obstruction
of justice, both second degree felonies; four counts of
discharging a firearm, all third degree felonies; and failure to
stop at the command of law enforcement, a class A
misdemeanor, in the Third Judicial District, Salt Lake County,
the Honorable Douglas Hogan presiding

State Of Utah, Plaintiff/Appellee, V. Cullen Christopher Carrick, Defendant/Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLANT

Appeal from Sentence, Judgment, Commitment entered on March 1, 2016, in the First
District Court, Box Elder County, the Honorable Brandon J. Maynard, presiding

ORAL ARGUMENT REQUESTED

State Of Utah, Plaintiff/Appellee, V. Cullen Christopher Carrick, Defendant/Appellant : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

REPLY BRIEF OF APPELLANT

Appeal from Sentence, Judgment, Commitment entered on March 1, 2016, in the First
District Court, Box Elder County, the Honorable Brandon J. Maynard, presiding

ORAL ARGUMENT REQUESTED

Ambivalence About Parenting: An Overview For Lawyers Representing Parents In Child Welfare Proceedings, Lisa Beneventano, Colleen Manwell

City University of New York Law Review

No abstract provided.

Family Defense And The Disappearing Problem-Solving Court, Jane M. Spinak

City University of New York Law Review

No abstract provided.

Afterword, Matthew I. Fraidin

City University of New York Law Review

No abstract provided.

A Validated Tropical-Extratropical Flood Hazard Assessment For New York Harbor, Philip M. Orton, T. M. Hall, Stefan A. Talke, Alan F. Blumberg, Nickitas Georgas, S. Vinogradov

Civil and Environmental Engineering Faculty Publications and Presentations

Recent studies of flood risk at New York Harbor (NYH) have shown disparate results for the 100 year storm tide, providing an uncertain foundation for the flood mitigation response after Hurricane Sandy. Here we present a flood hazard assessment that improves confidence in our understanding of the region's present-day potential for flooding, by separately including the contribution of tropical cyclones (TCs) and extratropical cyclones (ETCs), and validating our modeling study at multiple stages against historical observations. The TC assessment is based on a climatology of 606 synthetic storms developed from a statistical-stochastic model of North Atlantic TCs. The ETC assessment …

Prohibition Of Pharmacy Advertising – The Origins And The Evaluation Of The Regulation, Joanna Wiszniewska

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The main purpose of this paper is to present the origin of the introduction of the prohibition of pharmacy advertising into the Polish legal system. The first part discusses the reasons why the partial prohibition of pharmacy advertising, related to reimbursed drugs, was implemented in 2007. The paper then focuses on the absolute prohibition of the advertising of pharmacies and their operations introduced in 2012, which constitutes the strictest regulation of such kind in Europe. This will give the opportunity to critically examine both the law and its implementation. In conclusion, the current initiatives to abolish the regulation will be …

Expansion Of Employee Wellness Programs Under Ppaca Creates Additional Barriers To Healthcare Insurance For Individuals With Disabilities, Amy B. Cheng

Journal of Law and Health

There are many barriers to healthcare for the general population that has been documented throughout the years, with one particularly affected group being individuals with disabilities. One identified healthcare barrier for individuals with disabilities is the inability to gain access to the healthcare system through health insurance. While many attempts have been made to resolve this issue, serious problems have yet to be resolved. The Patient Protection Affordable Care Act (PPACA) attempted to solve the issue by expanding Health Insurance Portability and Accountability Act of 1996’s (HIPAA) current regulations on employee wellness programs. The relevant regulations govern employee wellness programs …

Save Thousands Of Lives Every Year: Resuscitate The Peer Review Privilege, Alan G. Williams

Journal of Law and Health

Doctors make mistakes—preventable medical mistakes—that kill or seriously injure patients. The best way to reduce these preventable errors is through a medical peer review process typically referred to as a "morbidity and mortality conference." However, over the past twenty years, federal and state courts, state legislatures, and state voters have effectively gutted the morbidity and mortality conference (M&M) as a remedial and preventative tool, resulting in tens of thousands of unnecessary deaths every year. Doctors need our help restoring the effectiveness of M&Ms. Congress has created the means to do so; now, all the courts need do is use it. …

Healer, Witness, Or Double Agent? Reexamining The Ethics Of Forensic Psychiatry, Matthew U. Scherer

Journal of Law and Health

In recent years, psychiatrists have become ever more prevalent in American courtrooms. Consequently, the issue of when the usual rules of medical ethics should apply to forensic psychiatric encounters has taken on increased importance and is a continuing topic of discussion among both legal and medical scholars. A number of approaches to the problem of forensic psychiatric ethics have been proposed, but none adequately addresses the issues that arise when a forensic encounter develops therapeutic characteristics. This article looks to the rules governing the lawyer-client relationship as a model for a new approach to forensic psychiatric ethics. This new model …

Developing Countries In An Age Of Transparency And Disclosure, Diane Ring

BYU Law Review

No abstract provided.

Inversions, Related Party Expenditures, And Source Taxation: Changing The Paradigm For The Taxation Of Foreign And Foreign-Owned Businesses, Julie A. Roin

BYU Law Review

The disconnect between the rules for the taxation of domestic businesses and foreign and foreign-owned businesses operating in the United States both diminishes the federal treasury and distorts taxpayer and business behavior. Yet bringing the sets of rules into closer coordination is no simple task. This Article examines many of the solutions proffered in the academic literature and details the difficulties and trade-offs that each entails.

The Foreign Tax Credit War, Bret Wells

BYU Law Review

The government has been involved in a sustained war against objectionable foreign tax credit transactions. This war has caused the U.S. foreign tax credit regime to be riddled with complexity that spawns incoherent outcomes. The complexity contained in section 901 was created due to a legitimate concern: the threats posed by objectionable transactions that artificially generate excess foreign tax credits represent real policy problems. Since at least 1975, Congress and the Treasury Department have been convinced that the cross-crediting of excess foreign tax credits arising from “objectionable transactions” required a response in addition to simply relying on section 904. Thus, …

Effectiveness Of Judicial Review In The Polish Competition Law System And The Place For Judicial Deference, Maciej Bernatt

Yearbook of Antitrust and Regulatory Studies

The article discusses the effectiveness and the intensity of judicial review in the Polish competition law system. First, it studies whether the judicial review offered by the 1st instance Court of Competition and Consumer Protection in Warsaw (SOKiK) is effective in practice. Next, the article analyzes whether Polish courts tend to defer to the findings of the Polish competition authority, UOKiK. Judgments of the Supreme Court concerning relevant market definition serve as case studies. Finally, the article discusses whether proceedings before the Polish competition authority ensure sufficient due process guarantees, the impartiality of decision-makers, and the overall expert character of …

A Comparative Analysis Of The Collective Dominance Definition In Ukrainian And European Law – The Electricity Market Case, Kseniia Smyrnova

Yearbook of Antitrust and Regulatory Studies

This paper follows a comparative approach to the analysis of collective dominance doctrine and practice in the EU and the enforcement practice in Ukraine. The aim of this paper is to assess the compliance of the Ukrainian competition authority’s (AMCU) analysis of the national electricity market with EU law enforcement practice. The latter arises from Ukraine’s wider duty to fulfil its international law obligation to comply with EU competition rules, based on Article 18 of the Treaty establishing the Energy Community also taking into account the interpretative criteria developed in EU case law (according to Article 94 of the Association …

Competition Law And State Aid For Failing Banks In The Eu And Its Specific Implications For Cee Member States, Virag Blazsek

Yearbook of Antitrust and Regulatory Studies

The bank bailouts following the global financial crisis of 2008 have been subject to prior approval of the European Commission (EC), the competition authority of the European Union. The EC was reluctant to reject rescue efforts directed at failing banks and so it consistently approved all such requests submitted by Member States. Out of the top twenty European banks, the EC authorized State aid to at least twelve entities. In this context, the paper outlines the gradually changing interpretation of EU State aid rules, the “temporary and extraordinary rules” introduced starting from late 2008, and the extension of the “no-State …

So Close, So Different – Regional Rail Transport In Poland, The Czech Republic And Slovakia, Marcin Król, Jakub Taczanowski

Yearbook of Antitrust and Regulatory Studies

The objective of this paper is to present three different models of regional railway passenger transport that emerged in the process of post-communist transition after 1989 in neighbouring countries: Poland, the Czech Republic and Slovakia. After an introduction, the second section of the paper shows the historical, spatial and socio-economic context of the analysis. The three resulting models are presented in the following section. This part of the paper is also devoted to the discussion of the developments, experiences and results obtained in Poland, the Czech Republic and Slovakia. The final section provides conclusions.