Law Commons^™

State Of Utah V. Irene Garcia : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

Appeal from a conviction for distribution of or arranging to distribute a controlled substance, a first degree felony, in the Third Judicial District, Salt Lake County, the Honorable Vernice Trease presiding

The Fundamentalist Church Of Jesus Christ Of Latter-Day Saints V. Thomas C. Horne; Bruce R. Wisan; Mark Shurtleff; Hon. Denise Posse Lindberg, And Richard Jeeop Ream, Thomas Samuel Steed; Don Ronald Fischer, Dean Joseph Barlow, Watler Scott Fischer, Richard Gilbert, And Brent Jeffs : Brief Of Defendant-Appellant Thomas C. Horne Arizona Attorney General's Opening Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

Matter on Certified Question

State Of Utah V. David W. Ward : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

Appeal from a conviction for aggravated assault, a third degree felony, in the Fourth Judicial District, Wasatch County, the Honorable Derek P. Pullan presiding.

Express Recovery Services, Inc. V. Luonda Davis : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

APPEAL FROM THE THIRD DISTRICT COURT, IN AND FOR SALT LAKE COUNTY, STATE OF UTAH JUDGE BRUCE LUBECK

Utah V. Epps : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

No abstract provided.

Kevin E. Kendall V. Discover Bank : Reply Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

This is an appeal from a summary judgment order, entered May 9, 2012, from the Second Judicial District Court, Farmington Department

Kevin E. Kendall V. Discover Bank : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

This is an appeal from a summary judgment order, entered May 9, 2012, from the Second Judicial District Court, Farmington Department

Islam In The (Inter)National, Lama Abu-Odeh

Georgetown Law Faculty Publications and Other Works

Islam, Muslims, and Islamic law have become an intense American pre-occupation since September 11, 2001. Since then, much literature has been written in academia and public culture alike, deciphering the Muslim and the Islamic, bestsellers sold, careers made, and expertise claimed, solicited, and generously offered.

Unsurprisingly, another type of literature coincided with the rise of the literature on Islam and the Islamic, namely, the one on national security. Sometimes, this literature paralleled and intersected with that on the Islamic, with both fields claiming the same experts, though for the most part, the latter commanded its own independent list of bestsellers, …

The Clinical Mission Of Justice Readiness, Jane H. Aiken

Georgetown Law Faculty Publications and Other Works

Law schools strive to teach students to be practice ready. That noble goal, however, is not enough. Because of the powerful role that lawyers play in society, educators must also teach students to be “justice ready.” Justice ready graduates are able to recognize injustice and appropriately evaluate the consequences of their actions in a way that mere practice readiness does not teach. The traditional law school curriculum fails to teach justice readiness, instead inculcating in students a penchant for the status quo—an unjust and unchanging social order. Clinical education is the solution for creating justice ready graduates. Its use of …

Peak Alarm Company V. Salt Lake City Corp : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

On Appeal From the Third Judicial District Court, In and For Salt Lake County, State of Utah, Case No. 050906433

Douglas Bates V. Utah Association Of Realtors, Et Al. : Brief Of Respondent, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

On appeal from the Third Judicial District Court Case No. 110901893 The Honorable John Paul Kennedy Presiding

Douglas Bates V. Utah Association Of Realtors; Christopher Kyler; Charles Smalley; Salt Lake Board Of Realtors; Northern Wasatch Association Of Realtors; Wasatch Front Regional Mls; Bryan R. Kohler; Michael J. Ostermiller; Jillinda Bowers; Brady Long Dba Equity Real Estate; Thomas Johnson; Randall Wall; Sandra Hoover; And Does 1-60 Inclusive : Brief Of Defendants/ Appellees Wasatch Front Regional Mls, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

Appeal from a Final Order of the Third Judicial District Court for Salt Lake County, State of Utah, the Honorable John Paul Kennedy Presiding

The Fundamentalist Church Of Jesus Christ Of Latter Day Saints V. Thomas C. Horne, Bruce R. Wisan, Mark L. Shurtleff, Hon. Denise P. Lindberg, And Intervenors, Et Al. : Legal Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

UTAH ATTORNEY GENERAL MARK L. SHURTLEFF'S FIRST BRIEF ON CERTIFIED QUESTION OF LAW FROM THE UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT

Renae Nicol V. Department Of Workforce Services, Workforce Appeals Board, And Wells Fargo Bank : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

REPLY BRIEF ORAL ARGUMENT REQUESTED.

Utah V. Epps : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

No abstract provided.

Behavioral Approaches To Corporate Law, Donald C. Langevoort

Georgetown Law Faculty Publications and Other Works

This chapter reviews the challenges associated with developing a plausible theory of why psychological "heuristics and biases" might persist in high-stakes business settings. Specific attention is given to issues of loyalty on corporate boards, behavioral finance, and corporate cultures.

Who Should Protect The Forest: Conservation Easements In The Forest Legacy Program, Jessica Owley, Stephen J. Tulowiecki

Articles

No abstract provided.

Neoliberal Land Conservation And Social Justice, Jessica Owley

Articles

No abstract provided.

Why Do Criminals Obey The Law? The Influence Of Legitimacy And Social Networks On Active Gun Offenders, Andrew V. Papachristos, Tracey L. Meares, Jeffery Fagan

Faculty Scholarship

Research on procedural justice and legitimacy suggests that compliance with the law is best secured not by mere threat offorce, but by fostering beliefs in the fairness of the legal systems and in the legitimacy of legal actors. To date, however, this research has been based on general population surveys and more banal types of law-violating behavior (such as unpaid parking tickets, excessive noise, etc.). Thus, while we know why the average citizen obeys the law, we do not have similar knowledge about populations most likely to commit serious violent crimes. This study fills that void by using a unique …

Post-9/11 Lawyers, Trevor C. W. Farrow

Articles & Book Chapters

Based on notes made by the author during a visit to the World Trade Center site in lower Manhattan.

Regulation And Theory: What Does Reality Have To Do With It, Laurel Terry

Faculty Scholarly Works

No abstract provided.

Nonbelievers And Government Speech, Caroline Mala Corbin

Articles

In the past few years, nonbelievers have become much more prominent in the United States. But while their visibility has increased, they are still a small minority, and they remain disliked, distrusted, and not truly American in the eyes of many. As a result, many nonbelievers are hesitant about disclosing their views, and those who do often face hostility and discrimination.

This Article argues that government religious speech such as "In God We Trust" or a Latin cross war memorial violates the Establishment Clause in part because it exacerbates the precarious position of nonbelievers in this country. One of the …

Disabling Racial Repetition, Zanita E. Fenton

Articles

No abstract provided.

Social Media And The Press, Lili Levi

Articles

The Internet and social media are transforming news as we knew it, yet the precise consequences of these changes are not yet clear. Journalists now rely on Twitter, crowdsourcing is available through social media, facts and stories are googled, traditional print newspapers have websites and reporter blogs, "open newsrooms" invite community participation in the editorial process itself, video from citizen journalists is commonly used in mainstream media storytelling, bloggers consider themselves journalists, and media consolidation marries entities like AOL and the Huffington Post. In turn, changes in the news-access practices of readers are increasingly influencing the length, breadth, and subjects …

Enhancing The Investor Appeal Of Renewable Energy, Felix Mormann

Articles

This Article introduces an investor-orented framework for the evaluation of renewable energy policy, applies these newly developed critea to a qualitative comparison of the primary policy instruments, and offers recommendations to enhance the investor appeal of renewable energy in the United States.

The multi-trillion dollar task of scaling-up renewable energy technologies to mitigate climate change, ensure energy security, and create green jobs is one of the most daunting challenges of the twenty-first century It is, in fact, too great a challenge for either the public or private sector to shoulder alone. Rather, public policy must catalyze private investment in renewable …

All Fact Is Beautiful Theory: The Romantic Philip Selznick, Robert Eli Rosen

Articles

Properly understood, Philip Selznick is a chastened romantic of the Left and is mischaracterized as a man of the Right. To Marx, Selznick added insights derived form Freud and Dewey. He was committed to the moral primacy of facts and the conditions under which they realized values. Selznick’s organicism is discussed and critiqued.

Love It Or Hate It, But For The Right Reasons: Pragmatism And The New Haven School's International Law Of Human Dignity, Hengameh Saberi

Articles & Book Chapters

This Article presents a novel understanding of pragmatism in the New Haven School of international law. The New Haven Jurisprudence is wrapped in layers of mystification and the scant accounts of its pragmatism in the literature are either entirely mistaken or only partially helpful, betray a vernacular or truncated understanding of pragmatism, and fail to engage with the internal, epistemic structure of the policy-oriented jurisprudence. In response, this Article uncovers a contradictory form of foundationalist pragmatism in the Yale Jurisprudence in a peculiar relationship between its contextualist and problem-solving promises and its unreflective normative commitments to a set of postulated …

Mabo Misinterpreted: The Unfortunate Legacy Of Legislative Distortion Of Justice Brennan’S Judgment, Kent Mcneil

Articles & Book Chapters

The High Court's bold decision in Mabo v Queensland [No 2] undoubtedly changed the legal landscape in Australia in very positive ways. For the first time, Australian common law acknowledged that the Indigenous peoples have land rights based on occupation of land in accordance with their traditional laws and customs. The Court denounced the racial discrimination inherent in past denial of these rights and outlined legal doctrines that could be used to resolve Indigenous land claims in present-day Australia. This led to the enactment of the Native Title Act 1993 (Cth) (NTA), by which the Commonwealth Parliament created a complex …

Embracing Administrative Common Law, Gillian E. Metzger

Faculty Scholarship

This Foreword begins with the descriptive claim that much of administrative law is really administrative common law: doctrines and requirements that are largely judicially created, as opposed to those specified by Congress, the President, or individual agencies. Although governing statutes exert some constraining force on judicial creativity, the primary basis of these judge-fashioned doctrines lies in judicial conceptions of appropriate institutional roles, along with pragmatic and normative concerns, that are frequently constitutionally infused and developed incrementally through precedent. Yet the judicially created character of administrative law is rarely acknowledged and often condemned by courts.

Turning from descriptive to more normative, …

Race And Selective Enforcement In Public Housing, Jeffrey Fagan, Garth Davies, Adam Carlis

Faculty Scholarship

Drugs, crime and public housing are closely linked in policy and politics, and their nexus has animated several intensive drug enforcement programs targeted at public housing residents. In New York City, police systematically conduct “vertical patrols” in public housing buildings, making tens of thousands of Terry stops each year. During these patrols, both uniformed and undercover officers systematically move through the buildings, temporarily detaining and questioning residents and visitors, often at a low threshold of suspicion, and usually alleging trespass to justify the stop. We use a case-control design to identify the effects of living in one of New York …