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2001

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Institution
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Articles 6901 - 6930 of 9191

Full-Text Articles in Law

Providing Counsel To Children In Dependency Proceedings In Florida, Michael J. Dale Jan 2001

Providing Counsel To Children In Dependency Proceedings In Florida, Michael J. Dale

Nova Law Review

No abstract provided.


Children Should Be Seen And Heard In Florida Custody Determinations, Randi L. Dulaney Jan 2001

Children Should Be Seen And Heard In Florida Custody Determinations, Randi L. Dulaney

Nova Law Review

No abstract provided.


Nova Law Review 26, 1 Jan 2001

Nova Law Review 26, 1

Nova Law Review

No abstract provided.


Bifurcation In Personal Injury Cases: Should Judges Be Allowed To Use The "B" Word, Dan Cytryn Jan 2001

Bifurcation In Personal Injury Cases: Should Judges Be Allowed To Use The "B" Word, Dan Cytryn

Nova Law Review

No abstract provided.


Genealogy Of A State-Engineered “Model Minority”: “Not Quite/Not White” South Asian Americans, Tayyab Mahmud Jan 2001

Genealogy Of A State-Engineered “Model Minority”: “Not Quite/Not White” South Asian Americans, Tayyab Mahmud

Faculty Articles

This is review essay based on Vijay Prashad, The Karma of Brown Folk (Minneapolis: University of Minnesota Press 2000). It engages the saga of immigration of South Asian to the United States. A primary focus is on the matrix of identity formation within the grammar of imperialism. It explores how modern regimes of power/knowledge constitute racialized subjects. The deployment of the "model minority" discourse is examined as it relates to South Asian Americans. Structures of power and strategies of resistance among South Asian Americans are highlighted and it is argued that building solidarities among all subordinated is the only viable …


I Know That I Taught Them How To Do That, Laurel Oates Jan 2001

I Know That I Taught Them How To Do That, Laurel Oates

Faculty Articles

Teachers have complained for years that students could not transfer their skills from one class to another, and employers have complained that the students could not apply the skills they learned in class to real world tasks. This article delves into the issues involved in students acquiring skills and the ability to transfer those to skills to similar tasks. The article describes the four steps involved in transfer identified by researchers: problem representation, search and retrieval, mapping, and application.


Barbara June Flannery V. Jerold Frank Flannery : Brief Of Appellant, Utah Supreme Court Jan 2001

Barbara June Flannery V. Jerold Frank Flannery : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

BRIEF OF PLAINTIFF-APPELLANT Appeal from a judgment of the Second Judicial District in and for Davis County, Honorable Thornley K. Swan, Judge


Freed Finance Company V. Stoker Motor Company, A Utah Corporation; Roland E. Gisnburg And James A. Kohn; Utah State Tax Commission; Uted States Of America; And Atex Corporated, A Utah Corporation : Brief Of Appellant, Utah Supreme Court Jan 2001

Freed Finance Company V. Stoker Motor Company, A Utah Corporation; Roland E. Gisnburg And James A. Kohn; Utah State Tax Commission; Uted States Of America; And Atex Corporated, A Utah Corporation : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from Summary Judgment of Foreclosure of Real Estate Mortgage District Court of Salt Lake County, Utah, Honorable Stewart M. Hanson, Jr. District Judge


Reid D. Bench And Alta M. Bench V. Erma Pace : Petition For Rehearing And Brief In Support Thereof, Utah Supreme Court Jan 2001

Reid D. Bench And Alta M. Bench V. Erma Pace : Petition For Rehearing And Brief In Support Thereof, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

No abstract provided.


State Of Utah, Joann Lorraine Clark V. Mark Thomas Clark : Response To Petition For Rehearing, Utah Supreme Court Jan 2001

State Of Utah, Joann Lorraine Clark V. Mark Thomas Clark : Response To Petition For Rehearing, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from the District Court of Weber County, State of Utah, the Honorable Calvin Gould, presiding.


Herbert Burton And Florence Burton V. Alan H. Coombs, Carla H. Coombs, Four Seasons Motor Inn. Inc., And Four Seasons Motor Inn Ii, Inc. : Brief Of Respondent, Utah Supreme Court Jan 2001

Herbert Burton And Florence Burton V. Alan H. Coombs, Carla H. Coombs, Four Seasons Motor Inn. Inc., And Four Seasons Motor Inn Ii, Inc. : Brief Of Respondent, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

No abstract provided.


Merrill Bean Chevrolet, Inc. V. State Tax Commission Of Utah : Brief Of Appellant, Utah Supreme Court Jan 2001

Merrill Bean Chevrolet, Inc. V. State Tax Commission Of Utah : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

No abstract provided.


Kent W. Holman And Alfred G. Kesler, Dba Golden Spike Reality And Construction V. Blair W. Sorenson And Marjean Sorensen : Unknown, Utah Supreme Court Jan 2001

Kent W. Holman And Alfred G. Kesler, Dba Golden Spike Reality And Construction V. Blair W. Sorenson And Marjean Sorensen : Unknown, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

No abstract provided.


Richard R. Black, Patricia Black V. Dr. James S. Boyce : Petition For Rehearing, Utah Supreme Court Jan 2001

Richard R. Black, Patricia Black V. Dr. James S. Boyce : Petition For Rehearing, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from Judgment of the Fourth Judicial District Court of Utah County, Honorable George E. Ballif, Judge


Bank Of Pleasant Grove V. Earl A. Johnson & Beth R. Johnson: Reply Brief, Utah Supreme Court Jan 2001

Bank Of Pleasant Grove V. Earl A. Johnson & Beth R. Johnson: Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from a Judgment of The Fourth District Court of Utah County, Honorable Maurice Harding, Judge.


Leah M. Daly V. George F. Daly : Brief Of Respondent, Utah Supreme Court Jan 2001

Leah M. Daly V. George F. Daly : Brief Of Respondent, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from the Interlocutory Decree and Orders of the Third Judicial District Court in and for Salt Lake County, State of Utah, Honorable James S. Sawaya, Judge, presiding.


Fred N. Hobson V. Panguitch Lake Corporation : Unknown, Utah Supreme Court Jan 2001

Fred N. Hobson V. Panguitch Lake Corporation : Unknown, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

NEWLY UNCOV OF HOBSON R ED CASES "ONDENTS APPEAL FROM THE JUDGMENT OF THE SIXTH JUDICIAL DISTRICT COURT FOR GARFIELD COUNTY. STATE OF UTAH Honorable Ferdinand Erickson, Judge


Sammy Lee White V. John W. Turner And Herbert Middleton : Brief Of Appellant, Utah Supreme Court Jan 2001

Sammy Lee White V. John W. Turner And Herbert Middleton : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from a denial of appellants' motion to dismiss, in the Third Judicial District Court, Salt Lake County, State of Utah, the Honorable Hal G. Taylor, presiding.


John Leach V. Norma B. Anderson And Valley Bank And Trust Company : Reply Brief, Utah Supreme Court Jan 2001

John Leach V. Norma B. Anderson And Valley Bank And Trust Company : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from a Judgment of the Third District Court of Salt Lake County, Honorable James S. Sawaya, Judge


Moral Nuisances, John Copeland Nagle Jan 2001

Moral Nuisances, John Copeland Nagle

Journal Articles

Nuisance law provides a remedy for activities that substantially interfere with the use and enjoyment of one's land. Most nuisance cases today involve environmental pollution or unwanted noises, sights, or smells. Historically, though, nuisance law had a much broader application that regulated brothels, saloons, and gambling parlors - what I call moral nuisances.

I articulate a theory of moral nuisances that applies when (1) a substantial and legally cognizable interference with a landowner's use or enjoyment of his or her land is caused by (2) an action that is regarded as immoral by a reasonable person within the community (3) …


Lochner, Liquor, And Longshoremen: A Puzzle In Progressive Era Federalism, Barry Cushman Jan 2001

Lochner, Liquor, And Longshoremen: A Puzzle In Progressive Era Federalism, Barry Cushman

Journal Articles

In 1890, the Supreme Court shocked and thrilled the civilized world with the announcement that dry states could not prohibit the sale of liquor shipped in from outside the state. So long as the out-of-state goods remained in their "original packages," the Court held they retained their character as interstate commerce subject only to federal regulation. The consequences for the cause of local sobriety were, predictably, catastrophic. The proliferation in temperance territory of "original package saloons," at which one could purchase liquor free from the superintendence of local liquor authorities, was appalling to dry eyes. Members of Congress immediately proposed …


Intent To Use: A Failed Experiment?, Amy B. Cohen Jan 2001

Intent To Use: A Failed Experiment?, Amy B. Cohen

Faculty Scholarship

When Congress enacted the Trademark Law Revision Act of 1988 ("TLRA"), it made the first truly radical change in trademark law since the passage of the Lanham Act in 1946. By adding Section 1(b) to the Lanham Act allowing applications for federal trademark registration to be based on an intent to use the mark, Congress for the first time provided a way to apply for federal trademark registration before actual use of a trademark. Congress made this change to bring United States law into closer conformity with the practice elsewhere in the world where use is not a prerequisite to …


Transforming The Debate: Why We Need To Include Transgender Rights In The Struggles For Sex And Sexual Orientation Equality, Taylor Flynn Jan 2001

Transforming The Debate: Why We Need To Include Transgender Rights In The Struggles For Sex And Sexual Orientation Equality, Taylor Flynn

Faculty Scholarship

The Author observes that sex and sexual orientation equality jurisprudence is premised upon the traditional understanding of "sex" as determined by anatomy at birth. The presumption typically following from this reduction of sex to anatomy is the notion that certain gendered attributes are inherent in biological male- or femaleness. The Author asserts that these erroneous and unduly narrow views significantly hamper courts' ability to address the core of sex and sexual orientation discrimination-hostility based on failure to conform to conventional gender norms. Surveying workplace, public accommodation, asylum, marriage, and custody cases, Flynn explains how conventional jurisprudence fails a wide array …


Modeling: Placing Persuasion In Context, Myra G. Orlen Jan 2001

Modeling: Placing Persuasion In Context, Myra G. Orlen

Faculty Scholarship

The Author discusses the use of a contextual model to teach persuasion and its proven success in first year classes at Western New England College School of Law.


The Political Economy Of Canada's "Widely Held" Rule For Large Banks, Eric J. Gouvin Jan 2001

The Political Economy Of Canada's "Widely Held" Rule For Large Banks, Eric J. Gouvin

Faculty Scholarship

All of the recent changes in foreign access to Canada's banking market have been essentially cosmetic-appearing to make foreign access more liberal while in reality changing the status quo very little. On one point, the so-called widely held rule, Canada does not even bother to pretend that its banking law is friendly to foreign entrants. Under this rule, no person or group may control ten percent or more of a Schedule I bank unless one first obtains the approval of the Minster of Finance. This rule makes foreign acquisition of a Schedule I bank virtually impossible. The widely held rule …


Has The Fog Cleared - Attorney Work Product And The Attorney-Client Privilege: Texas's Complete Transition Into Full Protection Of Attorney Work In The Corporate Context., Fred A. Simpson Jan 2001

Has The Fog Cleared - Attorney Work Product And The Attorney-Client Privilege: Texas's Complete Transition Into Full Protection Of Attorney Work In The Corporate Context., Fred A. Simpson

St. Mary's Law Journal

The following discussion in this Article fills the gaps in the substantive rules surrounding the attorney work product doctrine and the attorney-client privilege, thereby encouraging practitioners to utilize these tools more freely. Initially, the attorney-client privilege contemplated application only to individuals. As the rule developed in the United States, however, the scope of the privilege broadened until it included corporations. Since 1982, Texas has provided for the attorney-client privilege in Texas Rule of Civil Evidence 503.149. Notably, the Rule defined client in such a way as to include a corporation. Unlike the attorney-client privilege, the work product doctrine developed much …


No Taxation Without Realization: Srivastava V. Commissioner, The Fifth Circuit's Answer To Tax Treatment Of Attorney's Fees Under A Contingency Fee Agreement., Bernard J. Grant Iii Jan 2001

No Taxation Without Realization: Srivastava V. Commissioner, The Fifth Circuit's Answer To Tax Treatment Of Attorney's Fees Under A Contingency Fee Agreement., Bernard J. Grant Iii

St. Mary's Law Journal

Abstract Forthcoming.


Jury Erosion: The Effects Of Robinson, Havner, & (And) Gammill On The Role Of Texas Juries., Ricky J. Poole, Kimberly S. Keller Jan 2001

Jury Erosion: The Effects Of Robinson, Havner, & (And) Gammill On The Role Of Texas Juries., Ricky J. Poole, Kimberly S. Keller

St. Mary's Law Journal

Abstract Forthcoming.


Attorney Referral For Medical Treatment: A Wolf In Disguise., Martin J. Phipps Jan 2001

Attorney Referral For Medical Treatment: A Wolf In Disguise., Martin J. Phipps

St. Mary's Law Journal

Texas attorneys should be obligated to disclose whether they referred their client to a pre-selected physician. Plaintiff attorneys, however, have been allowed to withhold this information from the court arguing the information is privileged. The practice of using a pre-selected physician is unethical and unfairly prejudicial. If the attorney and physician have an agreement, the attorney is likely to send numerous clients to that specific physician in order to receive a discount. The physician in turn is likely to recommend medically unnecessary procedures in order to inflate money damages. Therefore, in order to prevent potential abuse between the attorney-physician relationship, …


Getting It Right From The Beginning: A Critical Examination Of Current Criminal Defense In Texas And Proposal For A Statewide Public Defender System., Rebecca Copeland Jan 2001

Getting It Right From The Beginning: A Critical Examination Of Current Criminal Defense In Texas And Proposal For A Statewide Public Defender System., Rebecca Copeland

St. Mary's Law Journal

Abstract Forthcoming.