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2017

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State Of Utah, Plaintiff/Appellee, V. Adam Zakaria Ahmed, Defendant/Appellant. : Brief Of Appellee, Utah Court Of Appeals Dec 2017

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

Utah Court of Appeals Briefs (2007– 2019)

Brief of Appellee

Appeal from a conviction for possession of a controlled
substance with intent to distribute, a third degree felony, in
the Third Judicial District, Salt Lake County, the Honorable
Paul Parker presiding


State Of Utah, Plaintiff/Appellee, Vs. Jennifer Oryall, Defendant/Appellant. : Brief Of Appellant, Utah Court Of Appeals Dec 2017

State Of Utah, Plaintiff/Appellee, Vs. Jennifer Oryall, Defendant/Appellant. : 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, FROM A CONVICTION OF DRIVING UNDER THE INFLUENCE OF
ALCOHOL/DRUGS, A THIRD DEGREE FELONY,
BEFORE THE HONORABLE JUDGE JAMES TAYLOR

Appellant is not currently incarcerated on this case


State Of Utah, Plaintiff/Appellee, Vs. Jennifer Oryall, Defendant/Appellant. : Reply Brief, Utah Court Of Appeals Dec 2017

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

Utah Court of Appeals Briefs (2007– 2019)

REPLY BRIEF OF APPELLANT

APPEAL FROM THE FOURTH DISTRICT COURT, UTAH COUNTY, STATE OF
UTAH, FROM A CONVICTION OF DRIVING UNDER THE INFLUENCE OF
ALCOHOL/DRUGS, A THIRD DEGREE FELONY,
BEFORE THE HONORABLE JUDGE JAMES TAYLOR

ORAL ARGUMENT REQUESTED

Appellant is not currently incarcerated on this case


The State Of Utah, Plaintiff/Appellee, V. Jeremy Bowden, Defendant/Appellant : Brief Of Appellant, Utah Court Of Appeals Dec 2017

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

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLANT

Appeal from a judgment of conviction for one count of Attempted
Aggravated Murder, a first degree felony, in violation of Utah Code 76-5-202,
one count of Receiving or Transferring Stolen Motor Vehicle, Trailer, or
Semitrailer, a second degree felony, in violation of Utah Code 41-1a-1316, one
count of Obstructing Justice, a second degree felony, in violation of Utah Code
76-8-306(1), four counts of Felony Discharge of a Firearm, a third degree felony,
in violation of 76-10-508.1, and one count of Fail to Stop at Command of Law
Officer, a class A misdemeanor, in violation of Utah Code …


State Of Utah, Plaintiff/Appellee, V. Steven Williams, Defendant/Appellant : Brief Of Appellant, Utah Court Of Appeals Dec 2017

State Of Utah, Plaintiff/Appellee, V. Steven Williams, Defendant/Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLANT

On appeal from the Third Judicial District Court, Salt Lake County,
Honorable Richard D. McKelvie, presiding
Defendant is incarcerated


Heartwood Home Health & Hospice, Llc, Plaintiff/Appellant, V. Rita Huber And Glenna Molyneux, Defendants/Appellees : Brief Of Appellee, Utah Court Of Appeals Dec 2017

Heartwood Home Health & Hospice, Llc, Plaintiff/Appellant, V. Rita Huber And Glenna Molyneux, Defendants/Appellees : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

OPENING BRIEF OF APPELLANT

Appeal from a Judgment
Entered by the Third Judicial District Court,
Honorable John Paul Kennedy Presiding


Heartwood Home Health & Hospice, Llc, Plaintiff/Appellant, V. Rita Huber And Glenna Molyneux, Defendants/Appellees : Reply Brief, Utah Court Of Appeals Dec 2017

Heartwood Home Health & Hospice, Llc, Plaintiff/Appellant, V. Rita Huber And Glenna Molyneux, Defendants/Appellees : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

REPLY BRIEF OF APPELLANT

Appeal from a Judgment
Entered by the Third Judicial District Court,
Honorable John Paul Kennedy Presiding


Exploitative Abuse Of A Dominant Position In The Bulgarian Energy Markets, Miroslava Marinova, Kremena Yaneva-Ivanova Dec 2017

Exploitative Abuse Of A Dominant Position In The Bulgarian Energy Markets, Miroslava Marinova, Kremena Yaneva-Ivanova

Yearbook of Antitrust and Regulatory Studies

In the last few years the behavior of undertakings operating in the regulated utility markets, such as energy, water and communications, has been in the focus of the Bulgarian Competition Authority (hereinafter, BCA). Typically, these companies are dominant due to their exclusive licenses to operate in a certain territory and thus the contents of their contractual relationships with customers are often defined in general terms and conditions (hereinafter, GTCs) adopted or approved by the respective sector regulator. Most or all aspects of their pricing policy is also subject to sector regulation. By analysing critically two landmark decisions of the BCA …


Arbitration Agreements And Actions For Antitrust Damages After The Cdc Hydrogen Peroxide Judgment, Katarzyna Sadrak Dec 2017

Arbitration Agreements And Actions For Antitrust Damages After The Cdc Hydrogen Peroxide Judgment, Katarzyna Sadrak

Yearbook of Antitrust and Regulatory Studies

On May 21st 2015, the Court of Justice of the European Union in CDC Hydrogen Peroxide decided whether the application of jurisdiction clauses in actions for damages impedes the effective enforcement of EU competition law. The CJ stayed silent, however, on how to treat arbitration clauses, which similarly to jurisdiction clauses, exclude a default court jurisdiction. The question of how to interpret arbitration agreements in the event of an antitrust violation and subsequent actions for damages remains thus unanswered. In light of the foreseen increase in private enforcement of EU competition law, this problem gains significance. This is because arbitration …


Insights From The Slovak Hybrid Mail Services Case. Case Comment To The Judgement Of The General Court Of 25 March 2015 And Order Of Court Of Justice Of The Eu Of 30 June 2016 Slovenská Pošta V Commission (Cases T-556/08, C-293/15p), Karolis Kačerauskas Dec 2017

Insights From The Slovak Hybrid Mail Services Case. Case Comment To The Judgement Of The General Court Of 25 March 2015 And Order Of Court Of Justice Of The Eu Of 30 June 2016 Slovenská Pošta V Commission (Cases T-556/08, C-293/15p), Karolis Kačerauskas

Yearbook of Antitrust and Regulatory Studies

The Slovak hybrid mail services case (or Slovenska posta case) is truly unique in EU jurisprudence. Within the last decade, the European Commission rarely applied Article 106(1) in conjunction with Article 102 TFEU to challenge competition distortions in individual cases. Thus Slovenska posta constitutes one of the rare examples of such enforcement. Slovenska posta also constitutes a very rare example of a judicial review of Commission decisions based on Article 106(1) and 102 TFEU. Slovenska posta is only the second case when European courts were called upon to review the application of Article 106(1) and 102 TFEU by the Commission …


The State Of Utah, Plaintiff/Appellee, V. Jeremy Bowden, Defendant/Appellant : Reply Brief, Utah Court Of Appeals Dec 2017

The State Of Utah, Plaintiff/Appellee, V. Jeremy Bowden, 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 count of Attempted Aggravated
Murder, a first degree felony, in violation of Utah Code 76-5-202, one count of
Receiving or Transferring Stolen Motor Vehicle, Trailer, or Semitrailer, a second
degree felony, in violation of Utah Code 41-1a-1316, one count of Obstructing
Justice, a second degree felony, in violation of Utah Code 76-8-306(1),four
counts of Felony Discharge of Firearm, a third degree felony, in violation of Utah
Code 76-10-508.1, and one count of Fail to Stop at Command of Law Officer, a
class A misdemeanor, in violation of Utah …


State Of Utah, Plaintiff/Appellee, V. Jacquan David Wilson, Defendant/Appellant : Reply Brief, Utah Court Of Appeals Dec 2017

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


State Of Utah, Plaintiff/Appellee, V. David Bryce Jones, Defendant/Appellant : Brief Of Appellant, Utah Court Of Appeals Dec 2017

State Of Utah, Plaintiff/Appellee, V. David Bryce Jones, Defendant/Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Brief of Appellant

Appeal from convictions for abuse, neglect or exploitation of a vulnerable
adult, and unlawful dealing of property by a fiduciary, both second degree
felonies, in the Third Judicial District, Salt Lake County, the Honorable James
T. Blanch presiding.


State Of Utah, Plaintiff/Appellee, V. Reynaldo Thomas Martinez, Defendant/Appellant : Brief Of Appellee, Utah Court Of Appeals Dec 2017

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


Kathy Engle, Petitioner/Appellant V. Wende M. Throne, Respondent Judy Engle, Petitioner Eldean Roy Engle, Petitioner Britta Lynn Wilcken, Petitioner Alexa Thayer, Petitioner And Bullock Law Firm, Former Counsel To The Estate Appellees : Brief Of Appellant, Utah Court Of Appeals Dec 2017

Kathy Engle, Petitioner/Appellant V. Wende M. Throne, Respondent Judy Engle, Petitioner Eldean Roy Engle, Petitioner Britta Lynn Wilcken, Petitioner Alexa Thayer, Petitioner And Bullock Law Firm, Former Counsel To The Estate Appellees : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLANT

PUBLIC

In the Matter of the Estate of Homer Engle

Appeal from the Third Judicial District Court, Salt Lake County, Utah,
from Probate, before the Honorable Judge Keith Kelly, District Court Judge
Case No. 103901948


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 Dec 2017

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 Dec 2017

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 Dec 2017

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 Dec 2017

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


Opening The Conversation: An Introduction To Open Educational Resources, Stacy Katz Dec 2017

Opening The Conversation: An Introduction To Open Educational Resources, Stacy Katz

Publications and Research

This column explores the concept of, and issues surrounding, Open Educational Resources (OER) for librarians.


Ohio's Modern Courts Amendment Must Be Amended: Why And How, Richard S. Walinski, Mark D. Wagoner Jr. Dec 2017

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 Dec 2017

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.


The Oral History Of Kenny Epstein, Unlv Gaming Law Journal, University Of Nevada, Las Vegas -- William S. Boyd School Of Law Dec 2017

The Oral History Of Kenny Epstein, Unlv Gaming Law Journal, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

UNLV Gaming Law Journal

Kenny Epstein has spent a lifetime working in the gaming industry. Beginning in 1966 at the newly opened Caesars Palace as a Baccarat shift boss, Epstein eventually purchased a stake in Jackie Gaughan’s El Cortez Hotel and Casino in the mid-seventies. Partnering with Gaughan and his son Michael, he helped build the Barbary Coast, Gold Coast, Orleans, and Suncoast. In 2007, Epstein purchased the El Cortez and continues to work as the casino’s chief executive officer today.


Policy Essay: Fostering The Acceptance And Inclusion Of Lgbtq Youth In The Child Welfare System: Considerations For Advancing Trauma Informed Responses For Lgbtq Youth In Care, Adam Mccormick, Karey Scheyd, Samuel Terrazas Dec 2017

Policy Essay: Fostering The Acceptance And Inclusion Of Lgbtq Youth In The Child Welfare System: Considerations For Advancing Trauma Informed Responses For Lgbtq Youth In Care, Adam Mccormick, Karey Scheyd, Samuel Terrazas

Journal of Family Strengths

LGBTQ youth are vulnerable to nearly all forms of childhood maltreatment and trauma and are disproportionately overrepresented in the child welfare system. Many LGBTQ youth in the child welfare system encounter a number of obstacles related to discrimination, rejection, placement instability, and further maltreatment. Despite recent insights and advances in the field of trauma informed care the trauma experiences of LGBTQ youth have largely gone unaddressed in major works and frameworks related to trauma informed care. The following article explores the unique trauma and maltreatment experiences of LGBTQ youth and provides considerations for enhancing and improving practice with LGBTQ youth …


From Tolerance And Diversity To Inclusion And Celebration; New Horizons For Infusing Queer Theory Into Communities, Laura Jean Mcguire Dec 2017

From Tolerance And Diversity To Inclusion And Celebration; New Horizons For Infusing Queer Theory Into Communities, Laura Jean Mcguire

Journal of Family Strengths

Tolerance and diversity are at times lauded as the essential terms for modern social justice movements. From school to community settings teachers, public figures, and political leaders throw these terms around to great applaud and acclaim. And yet who are we trying to serve by using these terms, and whose humanity is preserved through tolerance and diversity? In the following article I address the difference between the simplicity and shortcomings posed by tolerating and diversifying spaces to the more radical movements of inclusion and celebration. I unpack these frameworks through personal narratives concerning my field work and experiences as well …


Authentic Youth And Young Adult Partnerships: Broadening The Narrative Of Lgbtq Youth Homelessness, Jama Shelton, Christa Price, Phoebe Vancleefe Dec 2017

Authentic Youth And Young Adult Partnerships: Broadening The Narrative Of Lgbtq Youth Homelessness, Jama Shelton, Christa Price, Phoebe Vancleefe

Journal of Family Strengths

Lived experience generates knowledge not available through formal education and training. If lesbian, gay, bisexual, transgender, and questioning (LGBTQ) youth and young adults (YYA) experiencing homelessness are to be effectively engaged, their needs met, and their successful transition out of homelessness facilitated, they must be partners in the creation of solutions meant to help them. That means that everyone working to address LGBTQ YYA homelessness – including policymakers, government officials, advocates, researchers, and service providers – need to understand how to partner authentically with YYA experiencing homelessness. This article will introduce a framework for authentic YYA partnerships, describe the philosophy …


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 Dec 2017

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 Dec 2017

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.


Expert Commentary On The Future Of Esports From Seth Schorr, Unlv Gaming Law Journal, University Of Nevada, Las Vegas -- William S. Boyd School Of Law Dec 2017

Expert Commentary On The Future Of Esports From Seth Schorr, Unlv Gaming Law Journal, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

UNLV Gaming Law Journal

Seth Schorr is the chief executive officer of Fifth Street Gaming, LLC., which operates the Downtown Grand Las Vegas, as well as The Lucky Club Casino and Hotel and the Silver Nugget Casino and Event Center. Schorr is additionally known to be something of an eSports pioneer —serving as a board member of Millennial eSports, and organizer of various eSports events and tournaments in Downtown Las Vegas.


Safer Housing, University Of Dayton Dec 2017

Safer Housing, University Of Dayton

News Releases

To bring extra focus on health and safety for students, the University of Dayton will contract with the City of Dayton for a housing inspector dedicated to ensuring all properties in student neighborhoods meet zoning, housing and building codes.