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Full-Text Articles in Law
The Political Balance Of Power Over The Military: Rethinking The Relationship Between The Armed Forces, The President, And Congress, Geoffery S. Corn, Eric Talbot Jensen
The Political Balance Of Power Over The Military: Rethinking The Relationship Between The Armed Forces, The President, And Congress, Geoffery S. Corn, Eric Talbot Jensen
Faculty Scholarship
Recent events related to the planning and execution of the war in Iraq, most notably the perceived 2003 "firing" of then Army Chief of Staff Eric Shinseki, have raised concerns over the effect of Executive Branch dominance of the military and how that dominance impacts the ability of Congress to obtain timely and important information. Such actions, perceived to discourage members of the military from providing candid views to Congress when they differ with the Administration, even if implied instead of express, strike at the very core of the founder's intent to balance military power within the national government. The …
Of Breaches Of The Peace, Home Invasions, And Securities Fraud, A. Christine Hurt
Of Breaches Of The Peace, Home Invasions, And Securities Fraud, A. Christine Hurt
Faculty Scholarship
No abstract provided.
The Bluebook At Eighteen: Reflecting And Ratifying Current Trends In Legal Scholarship, A. Christine Hurt
The Bluebook At Eighteen: Reflecting And Ratifying Current Trends In Legal Scholarship, A. Christine Hurt
Faculty Scholarship
No abstract provided.
The Icj's Uganda Wall: A Barrier To The Principle Of Distinction And An Entry Point For Lawfare, Eric Talbot Jensen
The Icj's Uganda Wall: A Barrier To The Principle Of Distinction And An Entry Point For Lawfare, Eric Talbot Jensen
Faculty Scholarship
The intermixing of combatants with civilians while engaging in hostilities violates one of the most fundamental principles of the law of armed conflict: the principle of distinction. This bedrock principle of the law of war requires those involved in conflict to mark themselves so they can be distinguished from those who are not involved in combat. The most common method of compliance is for combatants to wear a uniform. By requiring distinction, both combatants and civilians know who is involved in the combat and who is not. Derogation from the principle of distinction is among the most serious issues facing …
Post-Conflict Reconstruction, Eric Talbot Jensen
Post-Conflict Reconstruction, Eric Talbot Jensen
Faculty Scholarship
No abstract provided.
Accommodating Concerns For International Law And Proper Governance, David H. Moore
Accommodating Concerns For International Law And Proper Governance, David H. Moore
Faculty Scholarship
No abstract provided.
Contracts As Organizations, D. Smith, Brayden King
Contracts As Organizations, D. Smith, Brayden King
Faculty Scholarship
Empirical studies of contracts have become more common over the past decade, but the range of questions addressed by these studies is narrow, inspired primarily by economic theories that focus on the role of contracts in mitigating ex post opportunism. We contend that these economic theories do not adequately explain many commonly observed features of contracts, and we offer four organizational theories to supplement – and in some instances, perhaps, challenge – the dominant economic accounts. The purpose of this Article is threefold: first, to describe how theoretical perspectives on contracting have motivated empirical work on contracts; second, to highlight …
Lana Gean Anderton V. Carl Lyle Anderton : Reply Brief Of Appellant, Utah Court Of Appeals
Lana Gean Anderton V. Carl Lyle Anderton : Reply Brief Of Appellant, Utah Court Of Appeals
Utah Court of Appeals Briefs (1996–2006)
APPEAL FROM THE FINAL DECREE OF DIVORCE OF THE EIGHTH DISTRICT COURT IN AND FOR DUCHESNE COUNTY, ROOSEVELT DEPARTMENT, STATE Of UTAH, THE HONORABLE JOHN R. ANDERSON, PRESIDING
State Of Utah V. Taecia B. Prows : Brief Of Appellee, Utah Court Of Appeals
State Of Utah V. Taecia B. Prows : Brief Of Appellee, Utah Court Of Appeals
Utah Court of Appeals Briefs (1996–2006)
APPEAL FROM CONVICTIONS OF BURGLARY AND THEFT, IN THE SIXTH JUDICIAL DISTRICT, SANPETE COUNTY, THE HONORABLE DAVID L. MOWER PRESIDING
State Of Utah V. Richard W. Hight Jr. : Brief Of Appellant, Utah Court Of Appeals
State Of Utah V. Richard W. Hight Jr. : Brief Of Appellant, Utah Court Of Appeals
Utah Court of Appeals Briefs (1996–2006)
APPEAL FROM THE FOURTH DISTRICT, UTAH COUNTY STATE OF UTAH, FROM AN ORDER OF RESTITUTION BEFORE THE HONORABLE LYNN W. DAVIS
Monte Bambrough V. Maria Bambrough : Brief Of Appellee, Utah Court Of Appeals
Monte Bambrough V. Maria Bambrough : Brief Of Appellee, Utah Court Of Appeals
Utah Court of Appeals Briefs (1996–2006)
APPEAL FROM THE SECOND JUDICIAL DISTRICT COURT OF WEBER COUNTY JUDGE ERNIE W.JONES
Earl L. Cline Ii V. Judith Ann Forsyth : Brief Of Appellee, Utah Court Of Appeals
Earl L. Cline Ii V. Judith Ann Forsyth : Brief Of Appellee, Utah Court Of Appeals
Utah Court of Appeals Briefs (1996–2006)
Appeal from an Order granting a motion to dismiss and an Order imposing Rule 11 sanctions of the Third Judicial District Court, Utah County, State of Utah, the Honorable Sheila K. McCleve presiding
Margaret Kilpatrick V. Acands, Inc : Brief Of Appellant, Utah Court Of Appeals
Margaret Kilpatrick V. Acands, Inc : Brief Of Appellant, Utah Court Of Appeals
Utah Court of Appeals Briefs (1996–2006)
APPEAL FROM A FINAL JUDGMENT OF THE THIRD DISTRICT COURT, SALT LAKE COUNTY, STATE OF UTAH. THE HONORABLE GLENN K. IWASAKI PRESIDING
State Of Utah Vs. Joseph R. Fredrickson : Brief Of Appellant, Utah Court Of Appeals
State Of Utah Vs. Joseph R. Fredrickson : Brief Of Appellant, Utah Court Of Appeals
Utah Court of Appeals Briefs (2007– )
THIS APPEAL IS FROM A FINDING OF GUILTY BY A JURY OF TWO COUNTS OF POSSESSION WITH INTENT TO MANUFACTURE A CONTROLLED SUBSTANCE, A FIRST DEGREE FELONY; TWO COUNTS OF ENDANGERMENT, A THIRD DECREE FELONY; AND ONE COUNT OF POSSESSIONOF DRUG PARAPHERNALIA, A CLASS A. MISDEMEANOR, AND WAS SENTENCED TO TWO TERMS OF FIVE YEARS, WHICH MAY BE FOR LIFE IN THE UTAH STATE PRISON, TWO TERMS OF 0-5 YEARS IN PRISON, AND 365 DAYS IN JAIL, IN THE FIRST JUDICIAL DISTRICT COURT IN AND FOR BOX ELDER COUNTY, STATE OF UTAH, THE HONORABLE BEN HADFIELD PRESIDING. DEFENDANT/APPELLANT IS CURRENTLY …
Michael Reid Nielsen V. Lorenzo M. Spencer : Brief Of Appellee, Utah Court Of Appeals
Michael Reid Nielsen V. Lorenzo M. Spencer : Brief Of Appellee, Utah Court Of Appeals
Utah Court of Appeals Briefs (2007– )
THIS IS AN APPEAL FROM THE SECOND DISTRICT COURT, DAVIS COUNTY, STATE OF UTAH
Clearfield City V. Ryan William Hoyer : Reply Brief, Utah Court Of Appeals
Clearfield City V. Ryan William Hoyer : Reply Brief, Utah Court Of Appeals
Utah Court of Appeals Briefs (2007– )
REPLY BRIEF
APPEAL FROM THE SECOND JUDICIAL DISTRICT COURT IN AND FOR DAVIS COUNTY, THE HONORABLE JOPIN R. MORRIS, PRESIDING
Clearfield City V. Ryan William Hoyer : Brief Of Appellee, Utah Court Of Appeals
Clearfield City V. Ryan William Hoyer : Brief Of Appellee, Utah Court Of Appeals
Utah Court of Appeals Briefs (2007– )
BRIEF OF APPELLEE
APPEAL FROM A CONVICTION ON ONE COUNT OF UNLAWFUL POSSESSION OF PROTECTED WILDLIFE, AN INFRACTION, IN VIOLATION OF UTAH CODE ANN. § 23-20-3 (WEST 2004), IN THE SECOND JUDICIAL DISTRICT COURT IN AND FOR DAVIS COUNTY, THE HONORABLE JOHN R. MORRIS, PRESIDING
Marlene Yirak V. Dan\'S Super Markets : Brief Of Appellee, Utah Court Of Appeals
Marlene Yirak V. Dan\'S Super Markets : Brief Of Appellee, Utah Court Of Appeals
Utah Court of Appeals Briefs (2007– )
APPEAL FROM A SUMMARY JUDGMENT OF THE THIRD DISTRICT COURT, SALT LAKE COUNTY, STATE OF UTAH, THE HONORABLE ROBERT P. FAUST PRESIDING
Marlene Yirak V. Dan\'S Super Markets : Brief Of Appellant, Utah Court Of Appeals
Marlene Yirak V. Dan\'S Super Markets : Brief Of Appellant, Utah Court Of Appeals
Utah Court of Appeals Briefs (2007– )
APPEAL FROM A FINAL JUDGMENT OF THE THIRD DISTRICT COURT, SALT LAKE COUNTY, STATE OF UTAH, THE HONORABLE ROBERT P. FAUST PRESIDING
Earl L. Cline Ii V. State Of Utah, Et Al., Including Employees Listed As Various Does Below, And Edson F. Packer And Sharon B. Packer, Et Al And Julie Camp, Aka Julie Cline, And Dr. Natalie Malovich Et.Al., And Steve Wall, Et Al. And Vicki Sharp And Dr. Kevin Brown, And Associated Clinical And Counceling And Wall And Wall And Fred Bobo And Wasatch County Sheriffs Office And Officer Zeila Reid, And Dean Evans, And Does 1-40 : Brief Of Appellant, Utah Court Of Appeals
Utah Court of Appeals Briefs (2007– )
APPEAL FROM FOURTH DISTRICT COURT, Utah County JUDGE Howard Case number 050401710
Trugreen Companies V. Mower Brothers : Brief Of Respondent, Utah Court Of Appeals
Trugreen Companies V. Mower Brothers : Brief Of Respondent, Utah Court Of Appeals
Utah Court of Appeals Briefs (2007– )
ON CERTIFICATION FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH, PAUL G. CASSELL, DISTRICT JUDGE
William P. Ramey, Iii V. Salt Lake City Corporation : Brief Of Appellant, Utah Court Of Appeals
William P. Ramey, Iii V. Salt Lake City Corporation : Brief Of Appellant, Utah Court Of Appeals
Utah Court of Appeals Briefs (2007– )
Appeal from the Final Judgment of: The Honorable Glenn K. Iwasaki Third Judicial Trial court
Holladay Towne Center L.L.C. V. Brown Family Holdings L.C., A Utah Limited Liability Company : Brief Of Appellee, Utah Court Of Appeals
Holladay Towne Center L.L.C. V. Brown Family Holdings L.C., A Utah Limited Liability Company : Brief Of Appellee, Utah Court Of Appeals
Utah Court of Appeals Briefs (2007– )
APPEAL FROM MAY 1, 2007 JUDGMENT DISMISSING DEFENDANT'S COUNTERCLAIMS, HONORABLE JOHN PAUL KENNEDY
State Of Utah V. John Vonderhaar Haltom : Brief Of Appellee, Utah Court Of Appeals
State Of Utah V. John Vonderhaar Haltom : Brief Of Appellee, Utah Court Of Appeals
Utah Court of Appeals Briefs (2007– )
Appeal From an Order Made After Judgment Denying a Motion to Reduce the Degree of Conviction Pursuant to Utah Code Ann. § 76-3-402 (West Supp. 2007), Entered in the Third Judicial District Court, Salt Lake County, Utah, the Honorable Randall N. Skanchy, Presiding
State Of Utah V. Edward Walter Barela : Brief Of Appellant, Utah Court Of Appeals
State Of Utah V. Edward Walter Barela : Brief Of Appellant, Utah Court Of Appeals
Utah Court of Appeals Briefs (2007– )
THIS APPEAL IS FROM CONVICTION AND SUBSEQUENT SENTENCING TO POSSESSION OR USE OF A CONTROLLED SUBSTANCE (WITH PRIORS), A THIRD DEGREE FELONY, AND WAS SENTENCED TO AN INDETERMINATE TERM OF NOT LESS THAN ZERO AND WHICH MAY BE FOR FIVE YEARS AT THE UTAH STATE PRISON IN THE FIRST JUDICIAL DISTRICT IN AND FOR THE COUNTY OF CACHE, STATE OF UTAH, THE HONORABLE GORDON LOW PRESIDING. DEFENDANT IS CURRENTLY INCARCERATED IN THE UTAH STATE PRISON.
William Borghetti V. System & Computer Technology Inc. : Brief Of Appellee, Utah Court Of Appeals
William Borghetti V. System & Computer Technology Inc. : Brief Of Appellee, Utah Court Of Appeals
Utah Court of Appeals Briefs (2007– )
APPEAL FROM A FINAL JUDGMENT OF THE THIRD DISTRICT COURT, THE HONORABLE JOHN PAUL KENNEDY PRESIDING
Linda Anderson V. Glenn Hunter Thompson : Brief Of Appellant, Utah Court Of Appeals
Linda Anderson V. Glenn Hunter Thompson : Brief Of Appellant, Utah Court Of Appeals
Utah Court of Appeals Briefs (2007– )
Brief of Appellant
APPEAL FROM THE THIRD DISTRICT COURT FOR TOOELE COUNTY, UTAH JUDGE MARK S. KOURIS
Dolores Clayton, Frederick Clayton, The Estate Of Anthony Clayton, And Kellie Montoya V. Ford Motor Company : Brief Of Appellee, Utah Court Of Appeals
Dolores Clayton, Frederick Clayton, The Estate Of Anthony Clayton, And Kellie Montoya V. Ford Motor Company : Brief Of Appellee, Utah Court Of Appeals
Utah Court of Appeals Briefs (2007– )
BRIEF OF APPELLEE AND CROSS-APPELLANT
Asael Farr & Sons Company, A Corporation V. Truck Insurance Exchange A Reciprocal Or Inter-Insurance Exchange, Andrew L. Reed, Trustco Inc., A Corporation, Safeco Insurance Company, A Corporation, American States Insurance Co. A Corporation, Hartford Steam Boiler Inspection And Insurance Co. A Corporation, Stephen D. Kirchen, Central Bonds And Insurance Agency Inc. A Corporation, Auto-Owners Insurance Company A Corporation, Blackburn Jones Company, A Corporation, E. Kent Jones, Trinity Universal Insurance Company Of Kansas Inc., A Corporation, Trinity Universal Insurance Co., Unitrin Property And Casualty Insurance Group, A Corporation Or Common Enterprise : Brief Of Appellee, Utah Court Of Appeals
Utah Court of Appeals Briefs (2007– )
APPEAL FROM THE THIRD JUDICIAL DISTRICT COURT IN AND FOR SALT LAKE COUNTY, STATE OF UTAH, HONORABLE SANDRA N. PEULER Civil No. 0409013675
William Kurt Dobson V. Cindy Delaughter Cooper : Reply Brief, Utah Court Of Appeals
William Kurt Dobson V. Cindy Delaughter Cooper : Reply Brief, Utah Court Of Appeals
Utah Court of Appeals Briefs (2007– )
Appeal from a Summary Judgment rendered in the Third District Court Salt Lake County State of Utah Civil No. 050922651 Honorable Robert P. Faust, District Court Judge