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State Of Utah, Plaintiff/Appellee, V. Reynaldo Thomas Martinez, Defendant/Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Brief of Appellee

Transferred appeal from convictions for aggravated robbery,
a first degree felony, and leaving the scene of an accident, a
class A misdemeanor, in the Third Judicial District, Salt Lake
County, the Honorable Paul B. Parker presiding

Thomas G. Martin, M.D., Plaintiff-Appellant, V. The University Of Utah; The University Of Utah College Of Pharmacy; The Utah Poison Control Center; Barbara Crouch; In Her Official And Individual Capacities; Diana Brixner, In Her Official And Individual Capacities; Erik Barton, In His Official And Individual Capacities; Stephen Hartsell, In His Individual And Official Capacities; Samuel Finlayson, In His Official And Individual Capacities; Heidi Thompson, In Her Official And Individual Capacities; Paula Peacock, In Her Official And Individual Capacities, And Does 1-10, In Their Official And Individual Capacities. Defendants-Appellees. : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

APPELLANT'S REPLY BRIEF

Appeal from the Third Judicial District Court
In and for Salt Lake County, State of Utah
The Honorable Andrew H. Stone

ORAL ARGUMENT REQUESTED

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

Utah Court of Appeals Briefs (2007– 2019)

OPENING BRIEF OF APPELLANT LABOR COMMISSION

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

The State Of Utah, Plaintiff/Appellee V. Adam Zakaria Ahmed, Defendant/Appellant. : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

REPLY BRIEF OF APPELLANT

Appeal from a judgment of conviction for Possession of a Controlled Substance
with Intent to Distribute, a Third Degree Felony, in violation of Utah Code
58-37-8(1)(a)(iii) (2016), in the Third Judicial District, in and for Salt Lake
County, State of Utah, the Honorable Paul Parker presiding.

Appellant is not incarcerated

Rodney B. Benson, Petitioner/Appellant, V. Utah Labor Commission, Utah Division Of Alcoholic Beverage Control, And Wcf Mutual Insurance Company (Wcf) Respondents/Appellees. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Response Brief of Appellees WCF Mutual Insurance Company and
Utah Division of Alcoholic Beverage Control

Ohio's Modern Courts Amendment Must Be Amended: Why And How, Richard S. Walinski, Mark D. Wagoner Jr.

Cleveland State Law Review

A 1968 amendment to the Ohio Constitution granted the Supreme Court of Ohio the authority to promulgate “rules governing practice and procedure” for Ohio courts. The amendment also provided that “[a]ll laws in conflict with such rules shall be of no further force or effect after such rules have taken effect” and that no rule may “abridge, enlarge, or modify any substantive right.”

Although the amendment was explicit about automatic repeal of existing laws, it says nothing about whether the General Assembly may legislate on a procedural matter after a court rule takes effect. That silence has caused enduring confusion. …

Table Of Contents, Editorial Board, Law School Faculty And Administration, Unlv Gaming Law Journal, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

UNLV Gaming Law Journal

No abstract provided.

A Moral Debate At The Invisible Rainbow: Thoughts About Best Practices In Servicing Lgbtq Students In Special Education, Bernardo E. Pohl Jr, Matthew Fugate, John Kelly

Journal of Family Strengths

Instead of occupying a marginal space within teacher preparation programs, special education courses and training should promote diversity in servicing marginalized groups such as lesbian, gay, bisexual, transgender, and questioning (LGBTQ) students. Within these programs, issues related to LGBTQ students should occupy a meaningful and formative space in the training of future teachers in special education. Often, special education teachers are at a loss about how to educate LGBTQ students with disabilities. Rethinking the role of special education and LGBTQ students with special needs within teacher education programs enables pre-service teachers to cultivate new values and attitudes that can enrich …

The Oral History Of A.J. "Bud" Hicks, Unlv Gaming Law Journal, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

UNLV Gaming Law Journal

A.J. “Bud”Hicks is known to be one of Nevada’s most experienced gaming law practitioners. He formerly served as the Chief Deputy Attorney General, representing the Nevada Gaming Control Board and the Nevada Gaming Commission. Today, Hicks continues to practice gaming law, working with clients that include publicly traded gaming companies, lenders of gaming operators, and others who seek to enter the gaming industry.

Environment, States, And International Organizations: The Role Of Global Environmental Conventions In Protecting The Environment, Natalia Escobar Pemberthy

Graduate Doctoral Dissertations

Global environmental conventions are created to address and resolve global environmental problems. Assessments of the achievement of specific environmental goals, however, indicate that there is room for progress and that stronger collective action is required. Given that there are no empirical instruments to measure implementation and to determine the factors behind individual countries’ results, challenges emerge that require the expansion of existing analytical frameworks around environmental conventions and their role as global governance instruments. This study develops an empirical instrument – the Environmental Conventions Index – to assess the implementation of global environmental conventions, determining the main trends for both …

Examining Attentional Control And Processing Speed Deficits As Underlying Mechanisms Of Neuropsychological Impairment In Schizophrenia, Mayte Forte

Graduate Masters Theses

Neuropsychological impairment is a key characteristic of schizophrenia (SZ), but its cognitive profile and underlying information processing mechanisms are not yet well understood. We compare patterns of neuropsychological functioning in 85 persons with SZ and 76 healthy controls across measures of intelligence, memory, and executive function. We then test the hypothesis that neuropsychological impairment in SZ is related to dual deficits in two related but distinct information processes: processing speed and attentional control. All research participants completed Wechsler Adult Intelligence Scale-Third Edition (WAIS-III), Wechsler Memory Scale Third Edition (WMS-III), and Wisconsin Card Sorting Test (WCST), all of which provided measures …

Stuck In Ohio's Legal Limbo, How Many Mistrials Are Too Many Mistrials?: Exploring New Factors That Help A Trial Judge In Ohio Know Whether To Exercise Her Authority To Dismiss An Indictment With Prejudice, Especially Following Repeated Hung Juries, Samantha M. Cira

Cleveland State Law Review

Multiple mistrials following validly-prosecuted trials are becoming an increasingly harsh reality in today’s criminal justice system. Currently, the Ohio Supreme Court has not provided any guidelines to help its trial judges know when to make the crucial decision to dismiss an indictment with prejudice following a string of properly-declared mistrials, especially due to repeated hung juries. Despite multiple mistrials that continue to result in no conviction, criminal defendants often languish behind bars, suffering detrimental psychological harm and a loss of personal freedom as they remain in “legal limbo” waiting to retry their case. Furthermore, continuously retrying defendants cuts against fundamental …

In The Matters Of The Name And Sex/Gender Change Of: Sean W. Childers-Gray, F.Ka, Jenny Pace, And Angie Rice, F.K.A., Arthur Edward Rice. : Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Supplemental Brief of Amicus Curiae
the Office of the Utah Attorney General

On appeal from the Second Judicial District Court
Honorable Noel S. Hyde, Nos. 163900359 and 163500015

The Huawei Case And Its Aftermath: A New Test For A New Type Of Abuse, Sofia Oliveira Pais

Yearbook of Antitrust and Regulatory Studies

Competition law sets limits on the exercise of intellectual property rights by dominant companies, namely in cases involving standard essential patents (SEPs). This article will examine the framework for SEP owners’ right to seek an injunction, discussing competitive problems that such situations may cause as well as the solutions adopted by the European Institutions,comparing them with the US and Japanese approach, and finally reflecting upon the opportunity for a new test for a new type of abuse. Although the three legal orders – US, EU and Japan – apply different laws establishing a general presumption against injunctions in SEPs encumbered …

Indonesia's Energy Security: Are We Securing It Right? Lesson Learned From The Eu, Afghania Dwiesta

Indonesia Law Review

Over the past few years, one of Indonesia’s state-owned enterprises, PLN, has conducted dialogues focusing on developing a new value-creative business model to transform itself, a sleepy regulated utility, into a truly competitive electricity service provider. However, efforts to preserve the prominence of the Country’s electricity sector have been ongoing as the sector is still experiencing sustained rolling blackouts, net import dependency and lack of transmission facility enforcement throughout the Indonesian archipelago. Such efforts have been varied from the incentivise policy and programs such as the Public-Private Partnership and the two phases of Fast Track Program. The reformation of electricity …

Legal Dilemmas In Releasing Indonesia’S Political Prisoners, Daniel Pascoe

Indonesia Law Review

In May 2015, in an effort to foster peace in the restive Papua and West Papua Provinces, Indonesian President Joko ‘Jokowi’ Widodo granted clemency to five political prisoners, releasing them from sentences ranging from 20 years to life. The president also stated that there would be ‘a follow-up granting clemency or amnesty to other [political prisoners] in other regions’ (Jakarta Post, 10 May 2015). However, with up to 50 political prisoners still incarcerated in prisons around Indonesia (mostly Papuan and Moluccan separatists), Jokowi’s selective release policy faces several legal and political obstacles. This article outlines the various options open to …

Competition Merger Review For Cross-Border Mergers And Acquisitions In Indonesia, Zulheri Zulheri

Indonesia Law Review

This article aimed at expressing ideas on a legal construction of competition merger review (CMR) on Crossborder Mergers and Acquisitions (CBM&A) that have Indonesian legal dimension. The problem has been triggered by the lack of CMR guidelines for CBM&A to nurture a fair and sustainable business competition (FSBC). Consequently, the existing guideline is inadequate for reviewing CBM&A proposals which have a multi-jurisdiction dimension character. As a result, merging (gigantic) companies doing business in Indonesia have enormous opportunities to engage in anti-competitive behavior in the domestic market. In its turn, it brings the impact of reducing competition itself whereby national companies …

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 …

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

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

State Of Utah, Plaintiff/Appellee, V. Jacquan David Wilson, Defendant/Appellant. : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

RELY BRIEF OF APPELLANT

Appeal from Sentence, Judgment, Commitment entered on November 16, 2017, in the
Second District Court, Davis County the Honorable Robert J. Dale, presiding

ORAL ARGUMENT CALENDARED

The State Of Utah, Plaintiff/Appellee, V. Adam Hillman, Defendant/Appellant. : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

REPLY BRIEF OF APPELLANT

Appeal from a judgment of conviction for one class-A misdemeanor count of
propelling bodily substance in violation of Utah Code 76-5-102.9(3), one class-
B misdemeanor count of interfering with arresting officer, in violation of Utah
Code 76-8-305, and one class-B misdemeanor count of failure to disclose
identity, in violation of Utah Code 76-8-301.5 in the Third Judicial District
Court, in and for Salt Lake County, State of Utah, the Honorable Royal Hansen
presiding.

Roger Bryner, Plaintiff-Appellant, V. Utah Attorney General's Office, Defendant-Appellee. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

RESPONSE BRIEF OF DEFENDANT

Appeal from the Final Order of the Third Judicial District Court in
and for Salt Lake County, Honorable Laura S. Scott, Presiding
Case No. 160906562

How Big Money Ruined Public Life In Wisconsin, Lynn Adelman

Cleveland State Law Review

This Article discusses how Wisconsin fell from grace. Once a model good government state that pioneered many democracy-enhancing laws, in a very short time, Wisconsin became a state where special interest money, most of which is undisclosed, dominates politics. This Article identifies several factors as being critical to Wisconsin’s descent. These include the state’s failure to nurture and build on the campaign finance reforms enacted in the 1970s and both the state’s and the United States Supreme Court’s failure to adequately regulate sham issue ads. As evidence of Wisconsin’s diminished status, this Article describes how several of the state’s most …

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

Utah Court of Appeals Briefs (2007– 2019)

APPELLEE'S BRIEF

Appeal from the State of Utah Second District Court
The Honorable Ernest W. Jones
Weber County, Ogden Division

Oral Argument Requested

Kathy Engle, Appellant, V. Wende Throne, Special Administrator And Trustee, Judy Engle, Eldean Roy Engle, Britta Lynn Wilcken, Alexa Thayer, And Bullock Law Firm, Appellees : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Brief of Appellee Wende Throne

*REDACTED PUBLIC RECORD*

In the Matter of the Estate of Homer Engle, deceased.

Appeal from April 12, 2017 Order Closing Probate Based on Court's Findings,
Conclusions, and Order Filed on April 7, 2017, in the Third Judicial District,
Salt Lake County, the Honorable Keith Kelly presiding.

State Of Utah, Plaintiff/Appellee, V. Scott Alan Rasmussen, Defendant/Appellant. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Brief of Appellee

Appeal from convictions for one count of tax evasion, a
second-degree felony, and three counts of failure to render a
tax return, third-degree felonies, in the Third Judicial District,
Salt Lake County, the Honorable Roger S. Dutson presiding