Open Access. Powered by Scholars. Published by Universities.®

Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

2001

Discipline
Institution
Keyword
Publication
Publication Type
File Type

Articles 7171 - 7200 of 9191

Full-Text Articles in Law

Margaret Ann Fake V. James D. Fake : Brief Of Appellant, Utah Supreme Court Jan 2001

Margaret Ann Fake V. James D. Fake : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

BRIEF OF APPELLANT APPEAL FROM JUDGMENT OF THE THIRD JUDICIAL DISTRICT COURT OF SALT LAKE COUNTY Bryant H. Croft, Presiding


Vanda Holman Naylor V. Melvin Charles Naylor : Brief Of Appellant, Utah Supreme Court Jan 2001

Vanda Holman Naylor V. Melvin Charles Naylor : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

BRIEF OF APPELLANT Appeal from the judgment of the Third Judicial District Court in and for Salt Lake County, State of Utah, in favor of Plaintiff and Respondent and against Defendant and Appellant, dated May 25th, 1976. Honorable Stewart M. Hanson, Judge


Andrew G. Kish V. Ernest D. Wright, Et Al. : Brief Of Appellant, Utah Supreme Court Jan 2001

Andrew G. Kish V. Ernest D. Wright, Et Al. : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Issue Presented on Appeal Whether Third District Court for Utah has jurisdiction in an action brought under 42 U.S.C. Sections 1983 and 28 U.S.C. Section 1343.


The State Of Utah V. Richard H. Nickles : Brief Of Appellant, Utah Supreme Court Jan 2001

The State Of Utah V. Richard H. Nickles : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

The appellants, Richard H. Nickles and Margaret K. Nickles, appeal from the conviction and judgment of Aggravated Arson, a felony in the Second Degree, and Insurance Fraud, a felony in the Second Degree, in the Third Judicial District Court in and for Salt Lake County, State of Utah, the Honorable Peter F. Leary presiding.


Thelma Koer V. Mayfair Markets Dba Grand American Markets, Nka Arden Farms, Co. : Brief Of Respondent, Utah Supreme Court Jan 2001

Thelma Koer V. Mayfair Markets Dba Grand American Markets, Nka Arden Farms, Co. : Brief Of Respondent, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

No abstract provided.


State Of Utah V. Joseph Morgan : Brief Of Appellant, Utah Supreme Court Jan 2001

State Of Utah V. Joseph Morgan : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

APPEAL FROM THE ORDER RESENTENCING RESPONDENT IN THE THIRD JUDICIAL DISTRICT COURT, IN AND FOR SALT LAKE COUNTY, STATE OF UTAH, THE HONORABLE STEWART M. HANSON, JUDGE, PRESIDING.


Contracts Funding And Mortgage Exchange V. Darrel D. Maynes : Brief Of Respondent, Utah Supreme Court Jan 2001

Contracts Funding And Mortgage Exchange V. Darrel D. Maynes : Brief Of Respondent, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

APPEAL FROM THE JUDGMENT OF THE DISTRICT COURT OF SALT LAKE COUNTY HONORABLE STEWART M. HANSON, JUDGE


Cyprus In Europe: Seizing The Momentum Of Nice, Patrick R. Hugg Jan 2001

Cyprus In Europe: Seizing The Momentum Of Nice, Patrick R. Hugg

Vanderbilt Journal of Transnational Law

In December 2000 the European Council Summit in Nice fulfilled the promise for European Union enlargement made at the Helsinki Summit the year before. The leaders of the EU Member States reaffirmed their commitment to the accession of the applicant countries, making possible the broad re-unification of the continent under democratic rule of law and free market economies. This Article focuses specifically on the accession of the island of Cyprus, Europe's remaining divided state, poised strategically between East and West. The island's armed stand-off presents the clearest example of legal conflict between two ethnic communities in a discrete geographical territory, …


The Secondary Effects Of Environmental Justice Litigation: The Case Of West Dallas Coalition For Environmental Justice V. Epa, Gregg P. Macey, Lawrence E. Susskind Jan 2001

The Secondary Effects Of Environmental Justice Litigation: The Case Of West Dallas Coalition For Environmental Justice V. Epa, Gregg P. Macey, Lawrence E. Susskind

Faculty Scholarship

No abstract provided.


Emotional Distress Issues Raised By The Release Of Toxic And Other Hazardous Materials, Conrad G. Tuohey, Ferdinand V. Gonzalez Jan 2001

Emotional Distress Issues Raised By The Release Of Toxic And Other Hazardous Materials, Conrad G. Tuohey, Ferdinand V. Gonzalez

Santa Clara Law Review

No abstract provided.


Online Dispute Resolution Systems: The Future Of Cyberspace Law, Lan Q. Hang Jan 2001

Online Dispute Resolution Systems: The Future Of Cyberspace Law, Lan Q. Hang

Santa Clara Law Review

No abstract provided.


Book Review [Leveling The Playing Field: How The Law Can Make Sports Better For Fans], Santa Clara Law Review Jan 2001

Book Review [Leveling The Playing Field: How The Law Can Make Sports Better For Fans], Santa Clara Law Review

Santa Clara Law Review

No abstract provided.


State Courts And Republican Government, Hans A. Linde Jan 2001

State Courts And Republican Government, Hans A. Linde

Santa Clara Law Review

No abstract provided.


Plebiscites, The Guaranty Clause, And The Role Of The Judiciary, James M. Fischer Jan 2001

Plebiscites, The Guaranty Clause, And The Role Of The Judiciary, James M. Fischer

Santa Clara Law Review

No abstract provided.


Ethics Year In Review, Christine V. Williams Jan 2001

Ethics Year In Review, Christine V. Williams

Santa Clara Law Review

No abstract provided.


Resolving The Clash Between Trademarks And Domain Names, William H. Brewster, James A. Trigg, James A. Trigg Jan 2001

Resolving The Clash Between Trademarks And Domain Names, William H. Brewster, James A. Trigg, James A. Trigg

Santa Clara Law Review

No abstract provided.


The Sec's Auditor Independence Rule: Missing The Boat On Independence, Mark A. Gullotta Jan 2001

The Sec's Auditor Independence Rule: Missing The Boat On Independence, Mark A. Gullotta

Santa Clara Law Review

No abstract provided.


American Democracy And Minority Rule: How The United States Can Reform Its Electoral Process To Ensure One Person, One Vote, Roberta A. Yard Jan 2001

American Democracy And Minority Rule: How The United States Can Reform Its Electoral Process To Ensure One Person, One Vote, Roberta A. Yard

Santa Clara Law Review

No abstract provided.


Fair Use Doctrine And The Digital Millennium Copyright Act: Does Fair Use Exist On The Internet Under The Dmca?, Anna Claveria Brannan Jan 2001

Fair Use Doctrine And The Digital Millennium Copyright Act: Does Fair Use Exist On The Internet Under The Dmca?, Anna Claveria Brannan

Santa Clara Law Review

No abstract provided.


Class Dismissed: The Conservative Class Action Revolution Of The Texas Supreme Court., Russell T. Brown Jan 2001

Class Dismissed: The Conservative Class Action Revolution Of The Texas Supreme Court., Russell T. Brown

St. Mary's Law Journal

Historically, Texas plaintiffs enjoyed tremendous flexibility in gaining certification for class action lawsuits because of a liberal approach employed by Texas trial courts. Because certification assignment occurred early in the judicial proceedings, Texas case law encouraged trial courts to grant certification of a class. Putative classes chose to seek relief in state court because of the state’s lax view regarding class actions, particularly when compared to federal courts. Concerns arose throughout Texas about the growing liberal methodology courts used to evaluate putative classes during certification. Federal influence, state lobbies, and legislative pressure led the Texas judiciary, through application of the …


Does Community Notification For Sex Offenders Violate The Eighth Amendment's Prohibition Against Cruel And Unusual Punishment - A Focus On Vigilantism Resulting From Megan's Law., Alex B. Eyssen Jan 2001

Does Community Notification For Sex Offenders Violate The Eighth Amendment's Prohibition Against Cruel And Unusual Punishment - A Focus On Vigilantism Resulting From Megan's Law., Alex B. Eyssen

St. Mary's Law Journal

Community notification of a sex offender’s presence may be violating the Eighth Amendment’s protection from Cruel and Unusual Punishment. Under Megan’s Law and other sex offender registration statutes, individuals that have completed a prison sentence for a sex crime may have to register as a sex offender. The information of the individual including his name, address, physical description, date of birth, social security number, employer, offense, and picture, is publicly disseminated. As an unintended consequence, individuals who have served their time may have to suffer additional punishment in the form of harassment, vigilantism, and violence.


Taas And Gi Forum V. Texas Education Agency: A Critical Analysis And Proposal For Redressing Problems With The Standardized Testing In Texas., Blakely Latham Fernandez Jan 2001

Taas And Gi Forum V. Texas Education Agency: A Critical Analysis And Proposal For Redressing Problems With The Standardized Testing In Texas., Blakely Latham Fernandez

St. Mary's Law Journal

Texas’s use of the Texas Assessment of Academic Skills (TAAS) test as an accountability program has had numerous negative and far-reaching effects on minorities. Today, students in Texas public schools first take the TAAS test in the third grade. Students continue to take a form of the TAAS test each year, with the exit-level assessment initially given in the eleventh grade. Students must pass all four sections–Mathematics, English, Science, and Social Studies–in order to graduate and receive their high school diploma. Although devised to effectively motivate students, schools, and teachers with the goal of enhancing educational standards, the TAAS test …


Book Review, Harvey Gee Jan 2001

Book Review, Harvey Gee

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming


All Children Can Learn: Providing Equal Education Opportunities For Migrant Students, Michelle R. Holleman Jan 2001

All Children Can Learn: Providing Equal Education Opportunities For Migrant Students, Michelle R. Holleman

The Scholar: St. Mary's Law Review on Race and Social Justice

The United States Supreme Court ruled that once a state undertakes to provide children with educational opportunities, such education services must be available to all children on equal terms. However, even though all states must offer a public education system, certain classes of children are not receiving equal educational opportunities. Migrant children are one of the most disadvantaged groups in today’s education system. Some of the unique challenges these children face include interrupted schooling, limited English proficiency, poverty, lack of health and nutrition, pressures from work and family responsibilities, and a lack of parental involvement in their education. These hurdles …


The Educational Legacy Of Racially Restrictive Covenants: Their Long Term Impact On Mexican Americans, Christopher Ramos Jan 2001

The Educational Legacy Of Racially Restrictive Covenants: Their Long Term Impact On Mexican Americans, Christopher Ramos

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming


A Primer On The Sale Of Residence Tax Rules After The Proposed Regulations, Wayne M. Gazur Jan 2001

A Primer On The Sale Of Residence Tax Rules After The Proposed Regulations, Wayne M. Gazur

Publications

No abstract provided.


Nationalized Political Discourse, Robert F. Nagel Jan 2001

Nationalized Political Discourse, Robert F. Nagel

Publications

No abstract provided.


Federal Common Law, Cooperative Federalism, And The Enforcement Of The Telecom Act, Philip J. Weiser Jan 2001

Federal Common Law, Cooperative Federalism, And The Enforcement Of The Telecom Act, Philip J. Weiser

Publications

Congress increasingly has enacted cooperative federalism programs to achieve complex regulatory policy objectives. Such programs combine the authority of federal regulators, state regulators, and federal courts in creative and often pathmarking ways, but the failure of these actors to appreciate fully their respective roles threatens to undermine cooperative federalism's effectiveness. In this Article, Professor Philip Weiser develops a coherent vision of how federal courts should enforce cooperative federalism regulatory programs. In particular, he relates the rise and purpose of cooperative federalism to the federal courts' increased reluctance to make federal common law under the Erie doctrine and their greater deference …


Voting (Insincerely) In Corporate Law, Zohar Goshen Jan 2001

Voting (Insincerely) In Corporate Law, Zohar Goshen

Faculty Scholarship

Voting lies at the center of collective decision-making in corporate law. While scholars have identified various problems with the voting mechanism, insincere voting — in the forms of strategic voting and conflict of interests voting — is perhaps the most fundamental. This article shows that insincere voting distorts the voting mechanism at its core, undermining its ability to determine transaction efficiency. As further demonstrated, strategic and conflict of interests problems frequently coincide with one another: voting strategically often means being in conflict, and many fact patterns present aspects of both problems. Finally, this article claims that although the two problems …


Criminal Justice And The 1999-2000 U.S. Supreme Court Term, Christopher E. Smith Jan 2001

Criminal Justice And The 1999-2000 U.S. Supreme Court Term, Christopher E. Smith

North Dakota Law Review

No abstract provided.