Law Commons^™

Aliens With Guns: Equal Protection, Federal Power, And The Second Amendment, Pratheepan Gulasekaram

Publications

The nexus between guns and alienage presents a window through which to assess the competing constitutional values embodied in the Equal Protection Clause, the federal foreign-affairs power, and the Second Amendment. This Article analyzes the application of equal-protection norms and the federal foreign-affairs power on federal and state statutes that restrict the ability of non-citizens to bear arms. Professor Gulasekaram argues that courts should evaluate alienage restrictions at both the state and federal level under a unified analytic framework that would attempt to reconcile both personhood norms, such as equality, and gate-keeping norms vindicated by reliance on federal-power doctrines. As …

Communicating During Emergencies: Toward Interoperability And Effective Information Management, Philip J. Weiser

Publications

The suboptimal state of communications technology used by public safety agencies has emerged as a high profile political issue. In most cases, public safety agencies are able only to communicate using antiquated networks, engineered solely for providing voice communications and unable to interoperate beyond a select number of users. This type of system fails to provide the type of economies of scale, network flexibility, or the broader functionalities routinely used by the military and private sector enterprises. The challenge facing policymakers is thus how to develop a next generation architecture for public safety and spur adoption of a new set …

Back To The Future: Is Form-Based Code An Efficacious Tool For Shaping Modern Civic Life?, Lolita Buckner Inniss

Publications

This Essay serves as a critique of the New Urbanism in general and of form-based code in particular as a tool of the New Urbanism. It may be true that form-based code offers more flexibility than traditional zoning schemes and thus may offer some respite from acknowledged ills such as social and racial divisions created by exclusionary zoning and other tools, and from the relative inutility of single or limited use districts. However, I will argue that these benefits are eclipsed by some of the problems of form-based code. Form-based code is frequently hailed as a back to the future …

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 2007, Extraordinary Sessions, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 2007, Volume 1, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

Property And Empire: The Law Of Imperialism In Johnson V. M'Intosh, Jedediah S. Purdy

Faculty Scholarship

Chief Justice Marshall's opinion in Johnson v. M'Intosh, 21 U.S. (8 Wheat.) 543 (1823), has long been a puzzle, both in its doctrinal structure and in long, strange dicta which are both triumphal and elegiac. In this Essay, I show that the opinion becomes newly intelligible when read in the context of the law and theory of colonialism, concerned, like the case itself, with the expropriation of continents and relations between dominant and subject peoples.

I examine several instances where the seeming incoherence of the opinion instead shows its debt to imperial jurisprudence, which rested on a distinction between …

The Attack On Marriage As The Union Of A Man And A Woman, Lynn D. Wardle

North Dakota Law Review

No abstract provided.

Custody And Parenting By Persons Other Than Biological Parents: When Non-Traditional Family Law Collides With The Constitution, Gary A. Debele

North Dakota Law Review

No abstract provided.

Bite Mark Analysis, Paul C. Giannelli

Faculty Publications

Courts have admitted bite mark comparison evidence in homicide, rape, and child abuse cases. By the 1980s, the technique had gained widespread judicial acceptance. Hundreds of cases have admitted this type of evidence, and no reported case has rejected it. Moreover, some courts speak of bite mark comparison as a "science." Indeed, its acceptance is so well-established that several courts have taken judicial notice of its reliability, implying that the validity of the technique is not subject to reasonable dispute.

Yet, the scientific foundations for bite mark comparisons has never been demonstrated. Such basic issues as the uniqueness of the …

The Tragedy Of Trips, Peter M. Gerhart

Faculty Publications

This Article argues that sound intellectual property policy requires not only that the policymaker establish an appropriate incentive for invention but also that the policymaker determine how the cost of that incentive should be distributed across various classes of consumers. It is the distributive dimension of intellectual property policy that makes existing international institutions such an unsound mechanism for determining global rules for intellectual policy--the policymakers are simply not able to make the appropriate kinds of decisions. I suggest some ways in which institutional structures can be modified to achieve a better balance.

Tribute To Professor Robert Lawry, Kevin C. Mcmunigal

Faculty Publications

Tribute to Professor Robert Lawry.

Broadening Narrow Perspectives And Nuisance Law: Protecting Ecosystem Services In The Acf Basin, Robert Haskell Abrams

Journal Publications

The political stalemate among the neighboring states of Georgia, Alabama, and Florida over the cooperative management of the Apalachicola-Chattahoochee-Flint (ACF) River Basin has been chronicled in numerous articles in the past. This Article will canvas parallel ground in relation to the ACF Basin. In addition, this Article will consider the usual mantra about why the legal deck appears to be stacked against the bottom of the basin where the principal benefits of the water are derived from the ecological systems that are supported by a more natural flow regime. After that, however, the Article will explain how the greatly expanded …

Reflecting On The Dream Of The Marathon Man: Black Dean Longevity And Its Impact On Opportunity And Diversity, Leroy Pernell

Journal Publications

At the beginning of the 2005-2006 academic year there was, what many viewed, as a comparatively bounteous crop of African-American deans of ABA-approved law schools. However, several changes during that year caused the crop to diminish rapidly. At the time of this writing, there are eighteen deans of color at American Bar Association approved law schools within the United States. Of these, fifteen are African-American and two are Latino. Of this number, five African-American deans are deans of law schools associated with historically black universities. These comments address, not necessarily the absolute number of African-American or Latino deans at any …

Ina C. Holman Family Trust : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

No abstract provided.

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

Eric Richard Alban V. Jenifer Alban : Reply Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Appeal from the Third Judicial District Court Tor Summit County, State of Utah. Honorable Bruce Lubeck, presiding

Mark F. Leppert V. Catherine L. Leppert : Reply Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

No abstract provided.

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

Just Looking, Mary Whisner

Librarians' Articles

While acknowledging that much of what librarians do is research focused on answering specific questions, Ms. Whisner suggests that there are virtues in being a "just looking" shopper of legal information. Browsing through resources such as blogs, Web sites, and newsletters allows librarians to build knowledge about what's available and to identify items that can be shared with patrons, colleagues, and themselves.

A Manual "To Inform Every Citizen", Mary Whisner

Librarians' Articles

Ms. Whisner examines the history and development of an "old friend" of many reference librarians, the United States Government Manual.

On Fun, Mary Whisner

Librarians' Articles

While acknowledging the many scholarly and thought-provoking contributions that Bob Berring has made in the areas of legal information and law librarianship, Ms. Whisner suggests that his ability to also make them fun is of equal, if not greater, importance.

The Pajama Way Of Research, Mary Whisner

Librarians' Articles

While acknowledging the attractions of being able to conduct legal research in the comfort of one's home-in your pajamas no less-Ms. Whisner notes what a student misses by relying solely on computer-assisted legal research systems. She encourages librarians to engage in outreach efforts that will not only alert patrons to services they might be missing but also persuade them the services would be helpful.

Nathan H. Merrill V. Utah Labor Commission, Vermax Of Flordia, Inc., Dba Dakota Cabinets, Workers Compensation Fund, And Wausau Business Insurance : Amicus Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

BRIEF OF AMICUS CURIAE WORKERS COMPENSATION FUND IN SUPPORT OF RESPONDENTS

Sonja Jensen V. James B. Stinson : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

No abstract provided.

State Of Utah V. Jacob Bennett : Reply Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Appeal from the Sentence, Judgment, Commitment, which was signed by the district court on April 6, 2004, and accordingly entered that same day in the Second District Court, Davis County, the Honorable Darwin C. Hansen, presiding.

State Of Utah V. Jacob Bennett : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Appeal from convictions of burglary, a second degree felony, and theft, a class A misdemeanor, in the Second Judicial District, Davis County, the Honorable Darwin C. Hansen presiding

State Of Utah V. Eric Pectol : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPEAL FROM A CONVICTION OF DISCHARGING A FIREARM FROM A VEHICLE, A THIRD DEGREE FELONY, IN THE SECOND DISTRICT COURT, WEBER COUNTY, THE HONORABLE PARLEY R. BALDWIN PRESIDING

Eric Richard Alban V. Jenifer Alban : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Appeal from the Third Judicial District Court for Summit County, State of Utah, Honorable Bruce Lubeck, Presiding

State Of Utah V. Greg Kocherhans : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPEAL FROM A CONVICTION OF ILLEGAL POSSESSION OF A CONTROLLED SUBSTANCE, A SECOND DEGREE FELONY, IN VIOLATION OF UTAH CODE ANN. § 58-37-8(2)(a)(I) (WEST SUPP. 2007), IN THE FOURTH JUDICIAL DISTRICT COURT, UTAH COUNTY, THE HONORABLE GARY D. STOTT PRESIDING

Steven Mccowin V. Salt Lake City Corporation, Barry Rasmussen, Mark Hammond : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPEAL FROM THE THIRD JUDICIAL DISTRICT COURT IN AND FOR SALT LAKE COUNTY, STATE OF UTAH HONORABLE GLENN K. IWASAKI