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2016

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Finding A Fair Land Dispute Settlement Mechanism Between Adat Law Community Vs. Investor, Ratih Lestarini Dec 2016

Finding A Fair Land Dispute Settlement Mechanism Between Adat Law Community Vs. Investor, Ratih Lestarini

Indonesia Law Review

Land utilization for investment in local areas raises various land related problems that ends with conflicts within the community. A conflict that occurs, usually begins with the management of communal land “tanah ulayat” within the adat law community environment, and in this case, land utilization that is managed by the third party (investors). The basic problem is the difference of perception and expectations toward the company that exists in the land which is claimed by the community. Both parties have their own claim on the land based on each legal systems, in this situation adat law or local law faced …


The Effectiveness Of National Collective Management Organization Regulation, Agus Sardjono, Brian Amy Prastyo, Derezka G. Larasati Dec 2016

The Effectiveness Of National Collective Management Organization Regulation, Agus Sardjono, Brian Amy Prastyo, Derezka G. Larasati

Indonesia Law Review

Law Number 28 of 2014 concerning Copyright in Article 89 provides for two National Collective Management Organizations (briefly referred to as LMKN), both of which represent the interests of Authors and the Owners of Related Rights. Both of the said organizations possess the authority to impose, collect, and distribute royalty obtained from commercial users. The Minister of Law and Human Rights inaugurated commissioners assigned to the said Authors’ LMKN and Related Rights LMKN. The LMKN is bound to have an operational effect on previously existing LMKs in Indonesia. Therefore, the objective of this study is to assess whether the existing …


Debunking The Relationship Between Law And Capitalism: How Corporate Governance Failures Contribute To The Financial Crisis In Indonesia?, Najmu Laila Sopian, Muhammad Yahdi Salampessy Dec 2016

Debunking The Relationship Between Law And Capitalism: How Corporate Governance Failures Contribute To The Financial Crisis In Indonesia?, Najmu Laila Sopian, Muhammad Yahdi Salampessy

Indonesia Law Review

The recent global financial catastrophe has raised questions about the relationship between corporate governance and the crisis. Many scholars attribute the crisis to the corporate failure and the Anglo-Saxon model of capitalism. Much of the literatures, however, tend to focus on examining the issue of financial crisis in the developed economy. Following up this line of literatures, this paper will extend the discussion of the role of corporate governance in financial crisis in the developing world. Using Indonesia as a case study, this paper will look at evidence that has emerged from the recent financial crisis regarding the failures of …


Cover, Cleveland State Journal Of Law And Health Dec 2016

Cover, Cleveland State Journal Of Law And Health

Journal of Law and Health

No abstract provided.


Masthead, Cleveland State Journal Of Law And Health Dec 2016

Masthead, Cleveland State Journal Of Law And Health

Journal of Law and Health

No abstract provided.


Quintavalle: The Quandary In Bioethics, Lisa Cherkassky Dec 2016

Quintavalle: The Quandary In Bioethics, Lisa Cherkassky

Journal of Law and Health

The case of R. (Quintavalle) v. Human Fertilisation Embryology Authority (and Secretary of State for Health) presents a handful of legal problems. The biggest legal query to arise from the case is the inevitable harvest of babies, toddlers and very young children for their bone marrow. This article unpacks the judicial story behind Quintavalle to reveal how the strict provisions of the Human Fertilisation and Embryology Act 1990 - namely ‘suitable condition’ under schedule 2 paragraph 1(1)(a) and ‘treatment services’ and ‘assisting’ under section 2(1) - were widely misinterpreted to introduce the social selection of embryos into law. The legal …


Expansion Of Employee Wellness Programs Under Ppaca Creates Additional Barriers To Healthcare Insurance For Individuals With Disabilities, Amy B. Cheng Dec 2016

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 Dec 2016

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 Dec 2016

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 …


State Of Utah, Plaintiff/Respondent, Vs. Desean Michael Goins, Defendant/Petitioner., Utah Supreme Court Dec 2016

State Of Utah, Plaintiff/Respondent, Vs. Desean Michael Goins, Defendant/Petitioner., Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

APPENDIX TO BRIEF ON CERTIORARI TO THE UTAH COURT OF APPEALS


Salt Lake City Corporation, Petitioner-Plaintiff-Appellee, V. Mark C. Haik, Respondent-Defendant-Appellant, Utah Supreme Court Dec 2016

Salt Lake City Corporation, Petitioner-Plaintiff-Appellee, V. Mark C. Haik, Respondent-Defendant-Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

An Appeal from the Third Judicial District court Case No. 140900915 The Honorable Andrew Stone presiding


Everett P. Wilson Jr. And Darla Wilson, Appellees/Respondents, And Educators Mutual Insurance Association, Appellant/Petitioner, Vs. Cade M. Krueger, Defendant, Utah Supreme Court Dec 2016

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

Utah Supreme Court Briefs (2000–2020)

From the Utah Court of Appeals February 25, 2016 ruling reversing the Final Decision of the Utah Fourth Judicial District Court


Solomon's Wish, Erik Hoekstra Dec 2016

Solomon's Wish, Erik Hoekstra

Faculty Work Comprehensive List

"For us today, it’s December 31—a day to look back and look forward. For some of us, it’s a day to ‘resolve’ ourselves with new sets of goals and aspirations—and maybe a prayerful ‘wish’ or two to God for the new year ahead."

Posting about ­­­­­­­­New Year's resolutions from In All Things - an online hub committed to the claim that the life, death, and resurrection of Jesus Christ has implications for the entire world.

http://inallthings.org/solomons-wish/


Empowering Impoverished Youth Through Autonomous Community Outreach Strategies To Improve Learning And Academic Success, Michael S. Mucedola Dec 2016

Empowering Impoverished Youth Through Autonomous Community Outreach Strategies To Improve Learning And Academic Success, Michael S. Mucedola

National Youth Advocacy & Resilience Journal

Millions of students in the U.S. continue to live in varying degrees of poverty and the impact it has on learning and academic achievement cannot be understated. These students have specific learning needs as well as emotional and social challenges, and these must be accounted for by educators. Bridging the school system with the surrounding community through outreach strategies for students living in poverty has the potential to not only improve academic success, but the community in which they reside. The aim of this article was to examine the literature to ascertain specific needs of students living in poverty, identify …


Discussion In The College Classroom: Getting Your Students Engaged And Participating In Person And Online. Jay R. Howard, 2015, Jossey-Bass: San Francisco, 224 Pp., $38.00 (Hardcover)., Tiffany Flowers Dec 2016

Discussion In The College Classroom: Getting Your Students Engaged And Participating In Person And Online. Jay R. Howard, 2015, Jossey-Bass: San Francisco, 224 Pp., $38.00 (Hardcover)., Tiffany Flowers

Journal of Research Initiatives

Discussion in the college classroom is an important and timely book for college level instructors who want to improve, revise, and deliver engaging courses across disciplines. The purpose of this work is to help college instructors understand the purpose behind fostering classroom discussions. Issues related to participation, classroom management, and class facilitation is discussed within this work. College instructors who teach face-to-face and online courses will find the content of this book useful. In the next section of this review, the reviewer provides a detailed overview of each chapter in the book and discusses the importance of this body of …


Thomas K. True And Melissa L. True, Appellants, V. Utah Department Of Transportation, Appellee. : Reply Brief, Utah Court Of Appeals Dec 2016

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

Utah Court of Appeals Briefs (2007– 2019)

REPLY

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


Kylie Lee Plaintiff/Appellant Vs. Kenneth Williams, And Moab Family Medicine, Defendants/Appellees : Brief Of Appellant, Utah Court Of Appeals Dec 2016

Kylie Lee Plaintiff/Appellant Vs. Kenneth Williams, And Moab Family Medicine, Defendants/Appellees : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF PLAINTIFF-APPELLATE

Appeal from the Judgment of the Seventh Judicial District Court,
Grand County
The Honorable Lyle R. Anderson, District Court Judge, Presiding
District Court Case No. 130700019


George K. Fadel, An Individual, Plaintiff, Vs. Deseret First Credit Union, A Federally Chartered Credit Union, Defendant. : Brief Of Appellee, Utah Court Of Appeals Dec 2016

George K. Fadel, An Individual, Plaintiff, Vs. Deseret First Credit Union, A Federally Chartered Credit Union, Defendant. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLEE DESERET FIRST CREDIT UNION


Geneinne Ellen Davis, Petitioner/Appellant, Lewis Ray Davis, Decedent, Vs. Utah Labor Commission, Air Systems Inc. And/Or Acuity Mutual Insurance, Respondents/Appellees. : Brief Of Appellee, Utah Court Of Appeals Dec 2016

Geneinne Ellen Davis, Petitioner/Appellant, Lewis Ray Davis, Decedent, Vs. Utah Labor Commission, Air Systems Inc. And/Or Acuity Mutual Insurance, Respondents/Appellees. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLEES


Patricia Munoz, Petitioner/Appellee, Vs. Martin Roberto Carlos-Moran, Respondent/Appellant. : Brief Of Appellee, Utah Court Of Appeals Dec 2016

Patricia Munoz, Petitioner/Appellee, Vs. Martin Roberto Carlos-Moran, Respondent/Appellant. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLEE

APPEAL FROM A DECREE OF DIVORCE ENTERED BY THE
FOURTH DISTRICT COURT FOR UTAH COUNTY STATE OF UTAH,
JUDGE FRED D. HOWARD PRESIDING


Fur Breeders Agricultural Cooperative, (Employer No. 002612-0). Petitioner/Appellant, Vs. Department Of Workforce Services, Workforce Appeals Board, Respondent/Appellee. : Reply Brief, Utah Court Of Appeals Dec 2016

Fur Breeders Agricultural Cooperative, (Employer No. 002612-0). Petitioner/Appellant, Vs. Department Of Workforce Services, Workforce Appeals Board, Respondent/Appellee. : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

REPLY BRIEF OF APPELLANT

APPEAL
Appeal from Decision of Workforce Appeals Board
Department of Workforce Services


Gary Lynn Armendariz, Petitioner/Appellant, Vs. Pixie Marie Armendariz, Respondent/Appellee. : Brief Of Appellant, Utah Court Of Appeals Dec 2016

Gary Lynn Armendariz, Petitioner/Appellant, Vs. Pixie Marie Armendariz, Respondent/Appellee. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLANT

Appeal from the Second District Court, Farmington
The Honorable John R. Morris, Presiding


Gary Lynn Armendariz, Petitioner/Appellant, Vs Pixie Marie Armendariz, Respondent/Appellee. : Brief Of Appellee, Utah Court Of Appeals Dec 2016

Gary Lynn Armendariz, Petitioner/Appellant, Vs Pixie Marie Armendariz, Respondent/Appellee. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLEE

Appeal from the Second Judicial District Court, Davis County,
Farmington Department, State of Utah, Honorable John R. Morris


State Of Utah, Plaintiff/Appellee, V. Cullen Christopher Carrick, Defendant/Appellant. : Brief Of Appellee, Utah Court Of Appeals Dec 2016

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

Utah Court of Appeals Briefs (2007– 2019)

Brief of Appellee

Appeal from a conviction for burglary, a second degree felony,
in the First Judicial District, Box Elder County, the Honorable
Brandon J. Maynard presiding


Phillip Grimm, An Individual, Plaintiff And Appellee / Cross-Appellant, V. Dxna Llc, A Delaware Limited Liability Company, Defendant And Appellant/Cross-Appellee : Reply Brief, Utah Court Of Appeals Dec 2016

Phillip Grimm, An Individual, Plaintiff And Appellee / Cross-Appellant, V. Dxna Llc, A Delaware Limited Liability Company, Defendant And Appellant/Cross-Appellee : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

REPLY BRIEF OF CROSS-APPELLANT PHILLIP GRIMM

On Appeal from the Fifth Judicial District Court of Washington County,
Honorable Pamela G. Heffernan


Kellie P. Sunday, (Nka, Kellie Weaver) Petitioner/Appellee V. Ernest J. Pease, Respondent/Appellant : Brief Of Appellee, Utah Court Of Appeals Dec 2016

Kellie P. Sunday, (Nka, Kellie Weaver) Petitioner/Appellee V. Ernest J. Pease, Respondent/Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

APPEAL OF SUPPLEMENTAL DECREE OF DIVORCE FROM THE THIRD JUDICIAL
DISTRICT OF SALT LAKE COUNTY, UTAH, HON. PAUL G. MAUGHAN

ERRATA
(BRIEF OF APPELLEE'S TABLE OF CONTENTS)


Moriah Lee Chesley, Petitioner/Appellee, Vs. Benjamin Wade Chesley, Respondent/Appellant. : Reply Brief, Utah Court Of Appeals Dec 2016

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 Dec 2016

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


Chad Eskelsen And Lorna Eskelsen, Plaintiffs And Appellants, Vs. Vaughn L. Hansen; Carolyn S. Hansen; Vc Holdings, Llc, A Utah Limited Liability Company; And Theta Investment Company, A Utah Corporation. Defendants And Appellees. : Reply Brief, Utah Court Of Appeals Dec 2016

Chad Eskelsen And Lorna Eskelsen, Plaintiffs And Appellants, Vs. Vaughn L. Hansen; Carolyn S. Hansen; Vc Holdings, Llc, A Utah Limited Liability Company; And Theta Investment Company, A Utah Corporation. Defendants And Appellees. : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

REPLY BRIEF OF APPELLANTS
CHAD ESKELSEN AND LORNA
ESKELSEN AND APPELLEE VC
HOLDINGS, LLC

Appeal from Final Order and Judgment of the Honorable Jeffery C. Wilcox of the
Fifth Judicial District Court in and for Washington County, State of Utah


Chad Eskelsen And Lorna Eskelsen, Plaintiffs And Appellants, V. Vaughn L. Hansen; Carolyn S. Hansen; Vc Holdings, Llc, A Utah Limited Liability Company; And Theta Investment Company, A Utah Corporation, Defendants And Appellees. : Brief Of Appellee, Utah Court Of Appeals Dec 2016

Chad Eskelsen And Lorna Eskelsen, Plaintiffs And Appellants, V. Vaughn L. Hansen; Carolyn S. Hansen; Vc Holdings, Llc, A Utah Limited Liability Company; And Theta Investment Company, A Utah Corporation, Defendants And Appellees. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF FOR APPELLEE
THETA INVESTMENT COMPANY

On appeal from a judgment of the Fifth District Court for Washington County,
The Honorable Jeffrey C. Wilcox