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2014

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Institution
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Articles 1 - 30 of 16312

Full-Text Articles in Law

What Impact The Supreme Court’S Recent Hobby Lobby Decision Might Have For Lgbt Civil Rights?, Vincent Samar Jan 2016

What Impact The Supreme Court’S Recent Hobby Lobby Decision Might Have For Lgbt Civil Rights?, Vincent Samar

Vincent Samar

Abstract

What Impact the Supreme Court’s Recent Hobby Lobby

Decision Might Have for LGBT Civil Rights?

Vincent J. Samar

The U.S. Supreme Court’s recent decision in the Hobby Lobby case has created shockwaves of concern among civil rights groups questioning whether for-profit corporations can assert a religious exemption from civil rights legislation under a 1993 federal law, the Religious Freedom Restoration Act. The matter is of particular concern in the LGBT community given the possible impact it could have on services traditionally offered to those getting married as more and more states legalize same-sex marriage. Though the Court’s conservative majority …


Medical Staff Boot Camp, Rick D. Barton Dec 2014

Medical Staff Boot Camp, Rick D. Barton

Center for Health Law Policy and Bioethics

No abstract provided.


Schooling The Supreme Court, Christine Chabot Dec 2014

Schooling The Supreme Court, Christine Chabot

Faculty Publications & Other Works

Supreme Court Justices' uniform professional backgrounds have drawn increasing criticism. Yet it is unclear how diverse professional training would affect the Court's decisions. This Article offers the first empirical analysis of how Justices with diverse professional training vote: It examines a unique period when Justices with formal legal education sat with Justices who entered the profession by reading the law alone.

The study finds that Justices' levels of agreement and politically independent voting vary significantly according to their professional training. In cases which divided the Court, Justices who shared the benefit of formal legal education (1) voted together more often …


Dangerous Diagnoses, Risky Assumptions, And The Failed Experiment Of “Sexually Violent Predator” Commitment, Deirdre M. Smith Dec 2014

Dangerous Diagnoses, Risky Assumptions, And The Failed Experiment Of “Sexually Violent Predator” Commitment, Deirdre M. Smith

Oklahoma Law Review

In its 1997 opinion, Kansas v. Hendricks, the U.S. Supreme Court upheld a law that reflected a new model of civil commitment. The targets of this new commitment law were dubbed “Sexually Violent Predators” (SVPs), and the Court upheld indefinite detention of these individuals on the assumption that there is a psychiatrically distinct class of individuals who, unlike typical recidivists, have a mental condition that impairs their ability to refrain from violent sexual behavior. And, more specifically, the Court assumed that the justice system could reliably identify the true “predators,” those for whom this unusual and extraordinary deprivation of liberty …


The Promise And Peril Of The Anti-Commandeering Rule In The Homeland Security Era: Immigrant Sanctuary As An Illustrative Case, Trevor George Gardner Dec 2014

The Promise And Peril Of The Anti-Commandeering Rule In The Homeland Security Era: Immigrant Sanctuary As An Illustrative Case, Trevor George Gardner

Saint Louis University Public Law Review

No abstract provided.


Federated Capital Corporation Dba Federated Financial Corporation Of America, Plaintiff/Appellant, Vs. Arnella M. Abraham, Individually And Dba Weststar Properties, Inc., Defendant/Appellee. : Brief Of Appellant, Utah Court Of Appeals Dec 2014

Federated Capital Corporation Dba Federated Financial Corporation Of America, Plaintiff/Appellant, Vs. Arnella M. Abraham, Individually And Dba Weststar Properties, Inc., Defendant/Appellee. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

BRIEF OF APPELLANT

ON APPEAL FROM THE THIRD JUDICIAL DISTRICT COURT, UTAH
COUNTY, STATE OF UTAH, BEFORE THE HONORABLE KEITH KELLY


Federated Capital Corporation Dba Federated Financial Corporation Of America, Plaintiff/Appellant, Vs. James N Shaw \Dba\ Alpha Blinds Dist Defendant/Appellee. : Brief Of Appellant, Utah Court Of Appeals Dec 2014

Federated Capital Corporation Dba Federated Financial Corporation Of America, Plaintiff/Appellant, Vs. James N Shaw \Dba\ Alpha Blinds Dist Defendant/Appellee. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

BRIEF OF APPELLANT

ON APPEAL FROM THE THIRD JUDICIAL DISTRICT COURT, UTAH
COUNTY, STATE OF UTAH, BEFORE THE HONORABLE DENISE P.
LINDBERG


Bank Of America, N.A. V. Samuel D. Adamson And Courtney D. Adamson And John Doe/Jane Doe/Occupant : Appellant's Replacement Brief, Utah Supreme Court Dec 2014

Bank Of America, N.A. V. Samuel D. Adamson And Courtney D. Adamson And John Doe/Jane Doe/Occupant : Appellant's Replacement Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

Appeal from a final Order of Dismissal of the Fifth Judicial District court, Saint George Department Washington County State of Utah by The Honorable Jeffrey C. WIlcox


State Of Utah, Appellee, Vs. D.G., Appellant A Person Under 18 Years Of Age., Utah Supreme Court Dec 2014

State Of Utah, Appellee, Vs. D.G., Appellant A Person Under 18 Years Of Age., Utah Supreme Court

Utah Supreme Court Briefs (2000– )

Appeal from an adjudication for aggravated sexual assault, a first degree felony punishable by fifteen-years-to life if committed by an adult, in violation of Utah Cose Section 76-5-405, see Utah Code 76-5-405 (2013), entered in the Third District Juvenile Court, in and for Salt Lake county, State of Utah, the Honorable Kimberly K. Hornak presiding. On certification to the Utah Supreme Court from the Utah Court of Appeals.


Viewpoint: Time To Abolish The 'Inquisitorial' Grand Jury System, Rachel A. Van Cleave Dec 2014

Viewpoint: Time To Abolish The 'Inquisitorial' Grand Jury System, Rachel A. Van Cleave

Publications

The U.S. criminal justice system is long overdue for reform and the best place to start is the institution of the criminal grand jury. This archaic aspect of our system was originally intended to protect individuals suspected of a crime by including people from the community as a check on those with the power of the state to enforce the law. The grand jury no longer serves this purpose and should be abolished.


The Future Will Require Learning How To Exist In A Multicultural Society, Vanessa Lopez-Littleton Dec 2014

The Future Will Require Learning How To Exist In A Multicultural Society, Vanessa Lopez-Littleton

UCF Forum

Why should I have to tell my sons to respect the police?


2014 Year In Review: 2 Law Schools Welcome New Deans While A Third Experiences Abrupt Departure Dec 2014

2014 Year In Review: 2 Law Schools Welcome New Deans While A Third Experiences Abrupt Departure

Austen Parrish (2014-2022)

No abstract provided.


Utah Physicians For A Healthy Environment And Friends Of Great Salt Lake, Petitioners/Appellants Vs. Executive Director Of The Utah Department Of Environmental Quality And The Director Of The Utah Division Of Air Quality, In Their Official Capacity, And The Utah Department Of Environmental Quality, The Utah Division Of Air Quality, Respondents/Appellees., Utah Court Of Appeals Dec 2014

Utah Physicians For A Healthy Environment And Friends Of Great Salt Lake, Petitioners/Appellants Vs. Executive Director Of The Utah Department Of Environmental Quality And The Director Of The Utah Division Of Air Quality, In Their Official Capacity, And The Utah Department Of Environmental Quality, The Utah Division Of Air Quality, Respondents/Appellees., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

No abstract provided.


Michael S. Robinson, Plaintiff/Appellant, Vs. Jones Waldo Holbrook & Mcdonough, P.C.; Stephen C. Clark, And Melissa M. Bean, Defendants/Appellees, Utah Court Of Appeals Dec 2014

Michael S. Robinson, Plaintiff/Appellant, Vs. Jones Waldo Holbrook & Mcdonough, P.C.; Stephen C. Clark, And Melissa M. Bean, Defendants/Appellees, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

This is an appeal from a ruling of the Hon. Charlene Barlow of the Third District Court Salt Lake County, State of Utah


Massachusetts Community Mediation Center Grant Program: Fiscal Year 2014 Report & Evaluation, Susan Jeghelian, Madhawa Palihapitiya, Kaila O. Eisenkraft Dec 2014

Massachusetts Community Mediation Center Grant Program: Fiscal Year 2014 Report & Evaluation, Susan Jeghelian, Madhawa Palihapitiya, Kaila O. Eisenkraft

Massachusetts Office of Public Collaboration Publications

The Community Mediation Center Grant Program, funded by the commonwealth and administered by the state’s office of dispute resolution, was established to “promote the broad use of community mediation in all regions of the state” by awarding operating grants to eligible community mediation centers. This annual report describes the progress made in broadening access to community mediation by the grant program under the challenge of reduced state funding in FY 2014. Due to the funding cut, fewer centers were funded in FY 2014 compared to FY 2013, which reduced the quantity of services provided. However, the amount of money per …


Masthead Dec 2014

Masthead

Louisiana Law Review

No abstract provided.


Difficulties With Sharing: A Proposal To Define The Voluntary Unit And Protect The Rights Of Surface Co-Owners And Mineral Servitude Holders In Louisiana, W. Drew Burnham Dec 2014

Difficulties With Sharing: A Proposal To Define The Voluntary Unit And Protect The Rights Of Surface Co-Owners And Mineral Servitude Holders In Louisiana, W. Drew Burnham

Louisiana Law Review

The article focuses on the co-ownership principles and nature of the mineral servitude in Louisiana. Topics discussed include the importance of implementing reforms in the Mineral Code, solutions for equitable remedies for surface co-owners, and the judicial opinion of the Supreme Court of Louisiana on the case Frost-Johnson Lumber Co. v. Sailing's Heirs.


Table Of Contents Dec 2014

Table Of Contents

Louisiana Law Review

No abstract provided.


Centripetal Forces: Multidistrict Litigation And Its Parts, Catherine R. Borden, Emery G. Lee Iii, Margaret S. Williams Dec 2014

Centripetal Forces: Multidistrict Litigation And Its Parts, Catherine R. Borden, Emery G. Lee Iii, Margaret S. Williams

Louisiana Law Review

The article focuses on various issues related to multidistrict litigation (MDL). Topics discussed include the regulation of MDL proceedings under the Multidistrict Litigation Act of 1968, the role of the U.S. lawyers in centralized proceedings of tag-along cases, and the role of panel of judges in adjudicating MDL.


State V. Louisiana Land & Exploration Co.: Louisiana Revised Statutes Section 30:29 And Its Effect On The Amount Of Remediation Damages Available To Plaintiffs, Julia L. Taylor Dec 2014

State V. Louisiana Land & Exploration Co.: Louisiana Revised Statutes Section 30:29 And Its Effect On The Amount Of Remediation Damages Available To Plaintiffs, Julia L. Taylor

Louisiana Law Review

The article discusses land contamination litigation at oil and gas exploration sites State v. Louisiana Land & Exploration Co. Topics discussed include claims for remediation of environmental damages, laws for mineral leases and remediation damages, and the judicial opinion of the Supreme Court of Louisiana on the cases related to environmental damages.


Testamentary Formalism In Louisiana: Curing Notarial Will Defects Through A Likelihood-Of-Fraud Analysis, George Holmes Dec 2014

Testamentary Formalism In Louisiana: Curing Notarial Will Defects Through A Likelihood-Of-Fraud Analysis, George Holmes

Louisiana Law Review

The article focuses on remedial doctrines applied by the U.S. courts in resolving issues of testamentary formalism. Topics discussed include analysis of the substantial compliance doctrine in Louisiana jurisprudence, laws signifying the importance of attestation and presence of witness, and the law for limiting validation of testator's intent through minimis errors.


Remanding Multidistrict Litigation, Elizabeth Chamblee Burch Dec 2014

Remanding Multidistrict Litigation, Elizabeth Chamblee Burch

Louisiana Law Review

The article focuses on the procedural, substantive, and communal benefits of remanding multidistrict litigation (MDL). Topics discussed include efforts of plaintiff's lawyer in increasing their fees by implementing various fee provisions in settlement, the views of Judge John G. Heyburn on remand of MDL, and the importance of remanding MDL cases in dispute resolution.


Symposium Panelist Transcripts Dec 2014

Symposium Panelist Transcripts

Louisiana Law Review

No abstract provided.


Awards Dec 2014

Awards

Louisiana Law Review

No abstract provided.


A Gunman’S Paradise: How Louisiana Shields Concealed Handgun Permit Holders While Targeting Free Speech And Why Other States Should Avoid The Same Misfire, Michael J. Lambert Dec 2014

A Gunman’S Paradise: How Louisiana Shields Concealed Handgun Permit Holders While Targeting Free Speech And Why Other States Should Avoid The Same Misfire, Michael J. Lambert

Louisiana Law Review

The article discusses development in the laws for concealed handgun permit in the U.S. Topics discussed include legal history of gun laws in Louisiana, the constitutionality of laws in context of the First Amendment of the U.S. Constitution, and various laws banning the permit of handgun in Louisiana.


Federated Capital Corporation Dba Federated Financial Corporation Of America, Plaintiff/Appellant, Vs. Neal Deutsch, Individually And Dba Aone Media, Inc., Defendant/Appellee. : Brief Of Appellant, Utah Court Of Appeals Dec 2014

Federated Capital Corporation Dba Federated Financial Corporation Of America, Plaintiff/Appellant, Vs. Neal Deutsch, Individually And Dba Aone Media, Inc., Defendant/Appellee. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

BRIEF OF APPELLANT

ON APPEAL FROM THE THIRD JUDICIAL DISTRICT COURT, UTAH
COUNTY, STATE OF UTAH, BEFORE THE HONORABLE KEITH KELLY


Federated Capital Corporation Dba Federated Financial Corporation Of America, Plaintiff/Appellant, Vs. Rebecca Nazar, Individually And Dba Little Gift Shop, Defendant/Appellee. : Reply Brief, Utah Court Of Appeals Dec 2014

Federated Capital Corporation Dba Federated Financial Corporation Of America, Plaintiff/Appellant, Vs. Rebecca Nazar, Individually And Dba Little Gift Shop, Defendant/Appellee. : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

REPLY BRIEF OF APPELLANT

ON APPEAL FROM THE THIRD JUDICIAL DISTRICT COURT, UTAH
COUNTY, STATE OF UTAH, BEFORE THE HONORABLE KEITH KELLY


Federated Capital Corp. D.B.A. Federated Financial Corp. Of America, Plaintiff/Appellant, Vs. Rebecca Nazar, D.B.A. Beccas Little Gift Shop, Defendant/Appellee. : Brief Of Appellee, Utah Court Of Appeals Dec 2014

Federated Capital Corp. D.B.A. Federated Financial Corp. Of America, Plaintiff/Appellant, Vs. Rebecca Nazar, D.B.A. Beccas Little Gift Shop, Defendant/Appellee. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

BRIEF OF APPELLEE

APPEAL FROM THE THIRD JUDICIAL DISTRICT COURT, SALT LAKE
COUNTY, STATE OF UTAH, THE HONORABLE KEITH KELLY, DISTRICT
COURT NO. 129909968.


State Of Utah V. James C. Mccallie : Brief Of The Appellant, Utah Court Of Appeals Dec 2014

State Of Utah V. James C. Mccallie : Brief Of The Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

Appeal from a convictoin for aggravated assault, a third degree felony in the Third District Court, State of Utah, the Honorable Denise P. Lindberg, Judge, presiding.


Federated Capital Corporation Dba Federated Financial Corporation Of America, Plaintiff/Appellant, Vs. Rebecca Nazar \Dba\ Beccas Little Gift Shop Defendant/Appellee. : Brief Of Appellant, Utah Court Of Appeals Dec 2014

Federated Capital Corporation Dba Federated Financial Corporation Of America, Plaintiff/Appellant, Vs. Rebecca Nazar \Dba\ Beccas Little Gift Shop Defendant/Appellee. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

BRIEF OF APPELLANT

ON APPEAL FROM THE THIRD JUDICIAL DISTRICT COURT, UTAH
COUNTY, STATE OF UTAH, BEFORE THE HONORABLE KEITH KELLY