Digital Commons Network^™

State V. Bolton Appellant's Brief Dckt. 46264

Not Reported

No abstract provided.

State V. Hall Respondent's Brief Dckt. 45955

Not Reported

No abstract provided.

State V. Speth Respondent's Brief Dckt. 46061

Not Reported

No abstract provided.

State V. Ward Respondent's Brief Dckt. 46087

Not Reported

No abstract provided.

The Comprehensive Cancer Control National Partnership Celebrates The 20th Anniversary Of The National Comprehensive Cancer Control Program, National Chair

Michigan Journal of Public Health

No abstract provided.

Rethinking Isds, George Kahale Iii

Brooklyn Journal of International Law

The author is Chairman of Curtis, Mallet-Prevost, Colt & Mosle LLP and has acted as lead counsel for respondent states in many investor-state arbitrations, including several of the cases referred to herein. His article won the 2019 Burton Award for Distinguished Legal Writing.

Against Aviation Orthodoxy: India's Foreign Investment Regime For The Airline Industry, Jae Woon Lee, Umakanth Varottil

Brooklyn Journal of International Law

The foreign investment regime governing the airline industry has been the subject matter of considerable debate. Our goal in this article is to supplement the literature by embarking on an analysis of the foreign investment regime in India and to cautiously suggest that India’s new regulatory reforms could be a harbinger for other states. A study of the foreign investment regime in the airline industry in India is both interesting and timely, for at least two reasons. First, India has nearly everything that bodes well for the growth of an aviation market, and it is one of the fastest growing …

Pursuing A Universal Threshold For Regulating Incitement To Discrimination, Hostility Or Violence, Rebecca Meyer

Brooklyn Journal of International Law

The International Covenant on Civil and Political Rights (ICCPR) recognizes that although the right to freedom of expression is essential, it is not absolute. The ICCPR prohibits speech that incites to discrimination, hostility, or violence. The provision prohibiting such speech is important to protect individuals and communities. Yet, not all countries are adequately enforcing its mandate. Such countries are letting inciting speech spread and, in some instances, violence has ensued. Conversely, some countries are taking enforcement too far, using the criminalization of inciting speech as a tool to silence political dissent. In light of the divergent interpretations—each problematic in its …

Analyzing The Potential For Universal Disarmament Of Autonomous Weapons Systems Or How I Learned To Stop Working And Love The Killer Robot, Frank Nicholas Kelly

Brooklyn Journal of International Law

Lethal autonomous weapons systems (LAWS) have recently become the subject of debate among scholars, world leaders, nongovernmental organizations (NGOs), and the popular media. While the dangers of autonomous robotics have existed for decades in science fiction, technology has only recently made the implementation of robots capable of military combat a real possibility. With the advent of this technology, many government leaders, politicians, scientists, and business leaders are advancing the argument that just because autonomous weapons can exist does not mean they should. Some countries, however, have demonstrated a strong interest in the continued developing LAWS, making universal disarmament unlikely. This …

Armenia And Azerbaijan's Struggle With Occupation In Nagorno-Karabakh, Carolyn Morway

Brooklyn Journal of International Law

The corrupt occupation of Nagorno-Karabakh and its surrounding areas has resulted in displaced civilians, chaotic military violence, poor judicial law-making, and hostile international relations. Analyzing the international law of occupation’s purposes and its humanitarian requirements illustrates that there is a need for change. Set against the backdrop of Nagorno-Karabakh’s precarious situation, the international community should take this opportunity to reformulate the international law of occupation with sovereignty and humanitarian principles guiding the change. The effort could prevent another such “frozen conflict.”

From Discretion To Law: Rights-Based Concerns And The Evolution Of International Sanctions, Christopher Roberts

Brooklyn Journal of International Law

This Article considers the manner in which rights-based concerns have increasingly impacted upon the nature of international sanctions regimes. First, this Article considers two better-known instances of this impact—the manner in which general sanctions became more targeted, and the manner in which due process concerns came to receive greater respect in the context of targeting decisions. Following these investigations, this Article turns to explore a third, under-recognized development—the gradual evolution of a sense that sanctions may be required in certain instances. It explores this development by highlighting the growing scope of understandings of responsibility within various bodies of public international …

Moving From Management To Termination: A Case Study Of Prolonged Occupation, David Hughes

Brooklyn Journal of International Law

In 2017, the Israeli occupation of the Palestinian territories reached a half-century in duration. This reignited a conversation amongst legal scholars. In articles and books, lawyers questioned the efficacy of occupation law. They asked whether it had become an anachronism. Across Israel and the Palestinian territories, those that directly invoke the law of occupation sought a more effective means of adapting the law to meet the exigencies of a fifty-year-old occupation. The accompanying debates recalled questions concerning the legal treatment of prolonged occupation. This article seeks to fundamentally alter the recurring discourse. Built around a detailed case study of Israel’s …

The Price Is Rights: Getting The United Arab Emirates Up To International Speed In The Labor Law Department, Janae C. Cummings

Brooklyn Journal of International Law

Despite a rapidly growing economy and a tremendous accumulation of wealth, the United Arab Emirates has facilitated many human rights abuses against migrant workers from impoverished countries throughout the world. The UAE’s system of recruitment, payment and living conditions put already vulnerable populations in considerably worse economic conditions by exploiting their labor and creating significant barriers to challenging the unjust employment system. After being sold on the idea that migrating to the UAE would bring a semblance of economic advancement, many migrants find themselves in inhumane working conditions and debt from having to pay excessive amounts of money to recruitment …

The Roles Of Dental Professionals Team Among The Family Care Team Policy In Lower-Northern Region, Thailand, Supaporn Sangouam

Journal of Dentistry Indonesia

Objective: To determine the roles of dental personnel in the Family Care Team Policy in Lower–Northern region, Thailand. Methods: Purposively selected samples were collected from 15 dental personnel in the lower Northern region, Thailand, an in-depth, semistructured interview was conducted, and data were analyzed thematically. Results: The main roles of the dental professional team according to the Family Care Team Policy consisted of a continuous care role in the patient’s home, primary dental health services, risk screening and provision of services as needed, and health promotion and oral disease prevention. The most challenging role of the multidisciplinary dental professional team …

Cross-Cultural Adaptation And Psychometric Properties Of The Indonesian Version Of The Self-Regulation For Dental Home Care Questionnaire, Yuanita L. Rachmawati, Jolanta E. Loster, Bartłomiej W. Loster, Diah A. Maharani

Journal of Dentistry Indonesia

Few studies have reported the role of motivation in patient adherence to dental-care programmes or dental home care and prevention of oral disease, particularly in Indonesia. Objective: To cross-adapt the Self-Regulation for Dental Home Care Questionnaire (SRDHCQ) to the Indonesian version, and to study self-regulation for dental home care among adolescents. Methods: The SRDHCQ was cross culturally adapted to the Indonesian adolescents aged 12-13 years old to test its reliability and validity. Intraoral examination was conducted by a single examiner to analyse the number of decayed teeth. The SRDHCQ contains 22 questions with a 7-point scale, which comprises of integrated, …

Retraction Statement, Yuniardini S. Wimardhani

Journal of Dentistry Indonesia

No abstract provided.

Relationship Between Temporomandibular Disorder And Quality Of Sleep In A Sample Of Nurses In A Type C Private Hospital In Depok, West Java, Indonesia, David Maxwell, Fadhillah Nur Amalina, Ira Tanti

Journal of Dentistry Indonesia

Temporomandibular disorder can affect the quality of sleep. Objective: To analyze the association between temporomandibular disorder and quality of sleep among nurses in a type C private hospital using the ID-TMD and PSQI Indonesian version questionnaire. Methods: This cross-sectional study assessed the data of 92 nurses in Hasanah Graha Afiah Hospital, Depok City, West Java, Indonesia. Three questionnaires were administered to each hospital nurse. The ID-TMD questionnaire was used to evaluate temporomandibular disorder; the PSQI Indonesian version was used to evaluate quality of sleep. Results: T he results showed significant differences between temporomandibular disorder and quality of sleep among nurses …

Between Identity And Truth: A Christ-Centered Perspective On Emotion, Mauro Properzi

Issues in Religion and Psychotherapy

Emotions are receiving a lot of attention in both academic and popular circles. In fact, our culture is increasingly characterized by emotionality in thought, expression, and personal interaction, with some positive but also many negative consequences. How should Christians respond to these developments in the secular culture? A Christ-centered approach to the emotions is the general theological foundation on which we need to ground our reflections and decisions about their nature and significance. Specifi- cally, by deepening our understanding of Jesus’s teachings on His identity, telos, life-giving reality, and sanctifying power, as aptly described in John 14:6, we may experience …

2018-2019 Byu Law Review Masthead

BYU Law Review

No abstract provided.

Optimal Deterrence And The Preference Gap, Brook Gotberg

BYU Law Review

It is generally understood that the way to discourage particular behavior in individuals is to punish that behavior, on the theory that rational individuals seek to avoid punishment. Laws aimed at deterring behavior operate on the assumption that increasing the likelihood of punishment, the severity of punishment, or both, will decrease the behavior. The success of these laws is evaluated by how much the targeted behavior decreases. The law of preferential transfers—which punishes creditors who have been paid prior to a bankruptcy filing at the expense of other, unpaid creditors—has been defended on the grounds that it deters a race …

Courts As Information Intermediaries: A Case Study Of Sovereign Debt Disputes, Sadie Blanchard

BYU Law Review

When foreign sovereigns default on their debt, creditors sometimes sue them. These creditors are sophisticated actors, and they know that if they sue, courts can do little to force a sovereign to satisfy a judgment. Why do they sue? This Article argues that these creditors sue because they use litigation to produce information about the debtor state or its government that induces third parties to sanction or refuse to deal with the state or the government. The ability to produce such information strengthens the litigating creditors’ bargaining position in settlement negotiations. Courts thus serve as information intermediaries that strengthen reputational …

Does Enforcement Reduce Voluntary Tax Compliance?, Leandra Lederman

BYU Law Review

Governments generally use enforcement methods, such as audits and the imposition of penalties, to deter noncompliance with tax laws. Although this approach is consistent with most economic modeling of tax compliance, some scholars caution that enforcement may backfire, “crowding out” taxpayers’ intrinsic motivations to pay taxes to such an extent that they reduce their tax payments. This Article analyzes the existing evidence to determine if this occurs. In fact, field studies suggest that enforcement tools, such as audits, are very effective deterrents. A few recent studies have found that audits have a negative effect on the subsequent tax payments of …

Situational Irony? How Implementing A Medicaid Block Grant Will Exacerbate Everything It Purports To Fix, Brent Miller

BYU Law Review

No abstract provided.

Cumulative Exposure To Solar Ultraviolet A & B Increases Apoptosis Of Peripheral Blood Cutaneous Lymphocyte Antigen (Cla)+ T-Lymphocytes In Outdoor Workers, Afif Nurul Hidayati, Saut Sahat Pohan, Widodo J. Pudjirahardjo, Isaac Effendy

Journal of General - Procedural Dermatology and Venereology Indonesia

Background: Exposure to ultraviolet A & B (UVA-UVB) plays a role in the survival of human life, but it may cause negative effects, such as immunosuppression and skin cancer. The effect of solar UVA-UVB exposure on apoptosis (Bax/Bcl-2 ratio) of peripheral blood cutaneous lymphocyte antigen (CLA)+ T-lymphocyte; the immune competent cells in the skin, has not been investigated. Apoptosis of peripheral blood CLA+ Tlymphocyte affects its function; which serves as the skin's resistance and is involved in infectious diseases, skin inflammation, and malignancies. This study observed the effect of solar UVA-UVB to apoptosis (Bax/Bcl2 ratio) of peripheral blood CLA+ …

Troy Michael Kell, Petitioner/Apellant, V. State Of Utah, Respondent/Appellee : Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Brief of Appellee

Appeal from the denial of a petition for post-conviction relief,
in the Sixth Judicial District, Sanpete County, the Honorable
Wallace Lee presiding

Troy Michael Kell, Petitioner/Appellant, V. Larry Benzon, Warden Of The Utah State Prison, Respondent/Appellee : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

APPELLANT'S BRIEF

PUBLIC

Death Penalty Case

Appeal from the Sixth Judicial District Court,
In and For Sanpete County, Honorable Wallace Lee

Salt Lake County, Duchesne County, Uintah County, Washington County, And Weber County, All Political Subdivisions Of The State Of Utah, Plaintiffs/Appellants, V. State Of Utah, Delta Air Lines, Inc., And Skywest Airlines, Inc., Defendants/Appellees : Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

SUPPLEMENTAL BRIEF OF
APPLLEES DELTA AIR LINES,
INC. AND SKYWEST AIRLINES,
INC.

ON APPEAL FROM THE THIRD JUDICIAL DISTRICT COURT,
SALT LAKE COUNTY, HONORABLE KARA PETTIT, DISTRICT JUDGE

Salt Lake County, Duchesne County, Uintah County, Washington County, And Weber County, Political Subdivisions Of The State Of Utah, Plaintiffs-Appellants, V. State Of Utah, Delta Air Lines, Inc. And Skywest Airlines, Inc., Defendants-Appellees : Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Supplemental Brief of Appellee State of Utah

On appeal from the Third Judicial District Court
Judge Kara Pettit, District Court No. 170904525

Salt Lake County, Duchesne County, Uintah County, Washington County, And Weber County, Political Subdivisions Of The State Of Utah, Plaintiffs/Appellants, V. State Of Utah, Delta Airlines, Inc. And Sky West, Inc., Defendants/Appellees : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

APPELLANTS' SUPPLEMENTAL REPLY BRIEF

Charlie W. Harrison And Trena Harrison, Plaintiffs/Appellants, V. Spah Family, Ltd; Stan E. Holland; And Paige Holland, Defendants/Appellees : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

APPELLANTS' REPLY BRIEF

Appeal From Seventh District Court,
Grand County, State of Utah
Civil No. 160700035
Judge Lyle R. Anderson