Digital Commons Network^™

Terry Mitchell, Plaintiff, V. Richard Warren Roberts, Defendant. : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Plantiff Terry Mitchell’s Responsive brief in support of
an affirmative answer to questions certified by the
Untited States District Court

From the United States District Court, District of Utah,
Before Magistrate Judge Evelyn J. Furse
No. 2:16-cv-00843-EJF

The Applicability Of The Decisional Conflict Scale In Nursing Home Placement Decision Among Chinese Family Caregivers: A Mixed Methods Approach, Yu-Ping Chang, Loralee Sessanna, Joanne Kraenzle Schneider

Asian/Pacific Island Nursing Journal

This study aimed to 1) examine relationships between uncertainty, perceived information, personal values, social support, and filial obligation among Chinese family caregivers faced with nursing home placement of an older adult family member with dementia; and 2) describe the applicability of the Decisional Conflict Scale in nursing home placement decision making among Chinese family caregivers through the integration of quantitative and qualitative data.

We used a mixed-methods approach. Quantitative data analysis consisted of descriptive and correlational statistics. We utilized a thematic analysis for the qualitative data. Data transformation and data comparison techniques were used to combine qualitative and quantitative data. …

Digitalcommons@Lesley Quarterly Report & Impact Infographic - December 2017, Philip M. Siblo-Landsman

Library Reports

Lesley University's institutional repository (IR) continues to grow since it's launch in May 2017. This report discusses the addition of new collections including the migration of an academic journal, and the addition of two conferences. It also discusses the outreach efforts of the digital team and comments on the download metrics and how they indicate the demographics of users accessing Lesley scholarly and creative works. An infographic is included to provide a visual report of these metrics and to highlight the impact of Lesley scholarship.

A Study Of Kentucky School District Websites: They’Re Colorful And Informative….But Are They Ada Compliant?, John A. Huss, Shannon Eastep

Kentucky Teacher Education Journal: The Journal of the Teacher Education Division of the Kentucky Council for Exceptional Children

An often-overlooked component of a school district website is the necessity for that website to be accessible to those with disabilities, while following the guidelines of the Americans with Disabilities Act (ADA) and Section 508 of the Workforce Rehabilitation Act. This study investigated the accessibility of school district websites in Kentucky by selecting a random sample of 50 school districts and analyzing their home pages using WAVE (Web Accessibility Versatile Evaluator), which reports accessibility violations by annotating a copy of the page that was evaluated and presenting embedded icons and indicators to disclose breaches with ADA. Out of 50 districts, …

The Efficacy Of Teacher Made Special Education Referrals In Appalachian And Non-Appalachian Schools Of Kentucky, John T. Elliott

Kentucky Teacher Education Journal: The Journal of the Teacher Education Division of the Kentucky Council for Exceptional Children

This quantitative study utilized a causal-comparative research design to determine the difference in efficacy between teacher made special education referrals in Appalachian and non-Appalachian schools of Kentucky. Data were provided from the 2014-2015 academic year. A total of 109 Kentucky schools provided data for the study. This study will help educators better understand multi-disciplinary referrals for special education as they relate to referral efficacy as based upon student qualification rates. This quantitative study determined the difference between special education qualification rates for teacher made referrals in Appalachian and non-Appalachian schools in the state of Kentucky.

Cover, Masthead & Contents

Journal of Civil Law Studies

No abstract provided.

Editorial

Journal of Civil Law Studies

No abstract provided.

Notarial Acts As Written Evidence: Towards A Convergence Between Civil Law And Common Law Systems, Angelo Chianale

Journal of Civil Law Studies

This article studies the contrast between civil and common law systems regarding the significance of the notarial act. According to conventional scholarship, in the former, civil procedure requires written evidence and the notarial act is the strongest kind of evidence. In the latter, however, civil procedure requires oral evidence and the notarial act has no specific relevance. This article examines the extent of these two main principles: a) in civil law systems the notarial act is full evidence of the extrinsic and a document can be challenged only with an action for falsity; and b) in common law systems the …

The Reluctance Of Civil Law Systems In Adopting The Ucc Article 9 “Without Breach Of Peace” Standard—Evidence From National And International Legal Instruments Governing Secured Transactions, Asress Adimi Gikay, Cătălin Gabriel Stănescu

Journal of Civil Law Studies

One of the defining features of the Uniform Commercial Code Article 9 is the secured creditor’s ability to take possession of the collateral upon the debtor’s default “without breach of peace.” This standard is meant to protect the debtor from abusive secured creditors, the meaning of which has been shaped by courts on a case-by-case basis.

In reforming their secured transactions laws to enhance access to credit, continental legal systems have shown great reception to Article 9 by adopting the unitary concept and functional approach to security interests, introducing private enforcement mechanisms, including various forms of self-help repossession. However, the …

What Medical Risks Should Physicians Disclose To Their Patients? Towards A Better Standard In American And French Medical Malpractice Law, Alina-Emilia Ciortea

Journal of Civil Law Studies

This essay discusses the historical and evolutionary back-ground of the doctrine of informed consent in medical malpractice cases in order to provide the reader with a detailed and a unique comparative perspective of the law in the United States and in France, along with some cross-references to other legal systems across the globe.

In order to achieve the desired goal, this paper conducts the analysis based on a hypothetical situation. Starting from these facts, the paper shows how and if the American and the French standards addressing the scope of the physician’s duty to disclose the risks intrinsic to the …

The Fourth Circuit’S Treatment Of Anunconventional Obligation Inwegmann V. Tramontin, Nathan W. Friedman

Journal of Civil Law Studies

No abstract provided.

Hooper V. Hero Lands Company, Christopher B. Ortte

Journal of Civil Law Studies

No abstract provided.

Complete V.10

Journal of Civil Law Studies

No abstract provided.

Full Issue, Iajbs Ateneo De Manila University

Journal of Management for Global Sustainability

No abstract provided.

A Decade Of Civilian Scholarship: The Role Of The Journal Of Civil Law Studies As A Bridge Between Louisiana And The Civil Law World, Agustín Parise

Journal of Civil Law Studies

No abstract provided.

Removal Of Organic Material In Free Water Surface Gravel Bed Filters, Aloyce Mayo

Tanzania Journal of Engineering and Technology (TJET)

The removal of organic material in free surface gravel bed filters was investigated and modelled. Two pilot wetland units of 7.5m x 1.5m x 0.7m were constructed adjacent to the University of Dar es Salaam waste stabilization ponds to receive maximum organic and hydraulic loading rates of less than 185 kg/ha/d and 110 l/m2/d, respectively. These units received wastewater of domestic characteristics from primary stabilization pond. The entire depth of 0.7 m of the wetland units were packed with gravel of size 8 ~ 25 mm and porosity of 35%. Samples were collected from the influent and effluent of wetland …

Open Access Competition In The Long-Distance Passenger Rail Services In Poland, Marcin Król

Yearbook of Antitrust and Regulatory Studies

This paper presents evidence of the head-on open access competition which took place on the market of long-distance passenger rail services in Poland in 2009-2015. The regional governments-owned challenger managed to raise its market share to more than 33% (2010) but eventually was forced out of the market (2015) due to a sudden change in its business strategy as well as the incumbent’s strategic pressure on the political and regulatory decision-makers. This case has not featured yet in the scientific discussion on the open access in the passenger rail markets in Europe and the main aim of this preliminary study …

Protection Of Consumers‘ Rights In Railway In The Slovak Republic, Matej Horvat, Hana Magurová, Maria Srebalová

Yearbook of Antitrust and Regulatory Studies

The paper focuses on railway services in the Slovak Republic and describes the organization of public administration in this area and its responsibility for protecting consumer rights. It analyses customers’ rights stipulated in the Slovak legislation and comes to a conclusion that they drive mainly from the EU law. The paper also presents a customer satisfaction survey regarding rail services in the Slovak Republic and several other EU states and proposes suggestions on how to improve customer satisfaction. The aim is to start a discussion on customers’ rights in the Slovak Republic because in the last couple of years the …

Book Review: Dragan Gajin, Tijana Kojovic Competition Law In Serbia, Kluwer Law International Bv, Netherlands, 2017, 168 P., Dragan Gajin

Yearbook of Antitrust and Regulatory Studies

No abstract provided.

Moisture Induced Deformations In Glulam Members - Experiments And 3-D Finite Element Model, Henry Meleki Kiwelu

Tanzania Journal of Engineering and Technology (TJET)

Experiments were performed on scaled glue laminated bending specimens to observe time dependent development of deformations during drying and wetting. Measurements determined changes in the average moisture content and external shape and dimensions between when specimens were placed into constant or variable climates. Alterations in the external shape and dimensions reflected changes in the average value and distribution of moisture and mechanosorptive creep in the glulam. The results are being used to develop a sequentially-coupled three-dimensional hygrothermal Finite Element (FE) model for predicting temporally varying internal strains and external deformations of drying or wetting solid wood structural components. The model …

Asylum Seekers In A Non-Immigrant State And The Absence Of Regional Asylum Seekers Mechanism: A Case Study Of Rohingya Asylum Seekers In Aceh-Indonesia And Asean Response, Bilal Dewansyah, Wicaksana Dramanda, Imam Mulyana

Indonesia Law Review

The problem of asylum seekers has become a global humanitarian issue. Demands regarding the handling mechanisms based on the values of human rights is getting stronger voiced by the international community. In the Southeast Asian region, the number of ethnic Rohingya asylum seekers has increased and has started to demand settlement in non-immigrant countries like Indonesia. Although Indonesia does not have international obligations in handling asylum seekers, constitutionally, Indonesia has an obligation to guarantee the right of everyone to obtain asylum which has been included in the Constitution. In a global perspective, humanitarian issues in the handling of asylum seekers …

Dualism Of Judicial Review In Indonesia: Problems And Solutions, Hamid A. Chalid

Indonesia Law Review

Through the momentum of the third amendment of the 1945 Constitution of the Republic of Indonesia which was passed in 2001, Indonesia has officially adopted a dualistic judicial review system. Under such system, the authority to conduct judicial review is divided/spread to the two judicial organs, each with its own scope of review; namely, the Supreme Court/Mahkamah Agung reviews regulations below the level of Law (Undangundang), while the Constitutional Court/Mahkamah Konstitusi reviews the same against the Constitution (constitutional review). Seen from the theoretical and practical perspective adhered to by states which adopt the formation of the Constitutional Court (centered judicial …

Inquiry-Based Learning: Emirati University Students Choose Whatsapp For Collaboration, Robyn Albers, Christina Davison, Bradley Johnson

All Works

Considerable research has shown the value of Inquiry-Based Learning (IBL) regarding student engagement and motivation, depth of learning, and cognitive flexibility. Student collaboration is one component of this approach, since students must communicate and work together inside and outside of class time when engaging with an IBL project. Choosing a mobile learning tool can benefit student collaboration in so far as the tool enables anytime/anywhere collaborative learning. This study looked at how 118 Emirati undergraduate students in a government-sponsored university in the United Arab Emirates chose to collaborate in an IBL semester-long assignment. Unlike some approaches that dictate the technology …

Banco Central De La Republica Argentina - 2017 Financial Statements, Argentina: Banco Central De La Repãºblica

Documents

No abstract provided.

The Cotribution Of Universirty As An Agent Of Dual Education System (Psg) To Smk Student’S Industry Practice (Prakerin), Paul Igunda Machumu, Haris Anwar Syafrudie, Aji Prasetya Wibawa

Jurnal Pendidikan Sains

One of the newest and most well-known training patterns for developing students career in terms of skills and knowledge is Dual Education System. This gives an opportunity for the student to attend for the real practical work in the real environment where learning is the real task and activities which equip students with the required skills and knowledge. These tasks and activities are really done in industrial work practices areas where they provide the knowledge appropriate on the student’s field of expertise. One the industrial practices areas are Universities. A survey was conducted using a questionnaire consisting of eight aspects …

Bountiful City, Plaintiff/Appellee, V. Nathan David Baize, Defendant/Appellant. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLANT

Appeal from Post Sentencing Judgment / Commitment entered on February 10,2017, in
the Second District Court, Davis County, the Honorable Glen R. Dawson, presiding

ORAL ARGUMENT REQUESTED

Vivint Solar, Inc., A Delaware Corporation; And Arm Security, Inc., A Utah Corporation, Plaintiffs/Appellants, V. Douglas Robinson, An Individual, Defendant/Appellee. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLEE

Appeal from the Fourth District Court, Utah County, from an order granting summary
judgment and an award of attorney fees before the Honorable Thomas Low

State Of Utah, Plaintiff/Appellee, V. Jennifer Oryall, Defendant/Appellant. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Brief of Appellee

Appeal from convictions for driving under the influence of
controlled substances, in the Fourth Judicial District, Utah
County, the Honorable James R. Taylor, presiding

Labor Commission Plaintiff-Appellant, V. Derek Price, Defendant-Appellee : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

LABOR COMMISSION'S REPLY BRIEF AS APPELLANT AND
RESPONSE BRIEF AS CROSS-APPELLEE

Appeal from the Final Order of the Third Judicial District Court in
and for Salt Lake County, Honorable Su J. Chon
No. 126918635

Mary Ellen Robertson Petitioner/Appellee, V. Michael Stevens Respondent/Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLANT

ORAL ARGUMENT REQUESTED

On appeal from:
The Honorable Ernie W. Jones
Second Judicial District Court
District Court No. 154901439