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Articles 8191 - 8220 of 10558
Full-Text Articles in Law
State Of Utah V. Jacob Bennett : Reply Brief Of Appellant, Utah Court Of Appeals
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
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
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
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
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
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
Steven Mccowin V. Salt Lake City Corporation, Barry Rasmussen, Mark Hammond : Reply Brief Of Appellant, Utah Court Of Appeals
Steven Mccowin V. Salt Lake City Corporation, Barry Rasmussen, Mark Hammond : Reply Brief Of Appellant, 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 JUDGE GLENN K. IWASAKI
Steven Mccowin V. Salt Lake City Corporation, Barry Rasmussen, Mark Hammond : Brief Of Appellee, Utah Court Of Appeals
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
Environmental Law In The "New" Supreme Court, Robert Abrams
Environmental Law In The "New" Supreme Court, Robert Abrams
Journal Publications
In the 2006 term the United States Supreme Court issued plenary decisions in four environmental cases. As is usually the case, all four environmental cases that reached the Supreme Court presented nuanced questions of statutory interpretation, most of which were intertwined with administrative law issues. The decisions this term are of unusual importance, as all have significant aspects, either practical, precedential, or attitudinal. Additionally, two of the cases exhibit the 5-4 cleavage, so common in this term's decisions, in which Justice Kennedy is the outcome-determinative swing voter. On unusual occasions there are environmental cases decided by the Supreme Court that …
Illegal Peace? Power Sharing With Warlords In Africa, Jeremy I. Levitt
Illegal Peace? Power Sharing With Warlords In Africa, Jeremy I. Levitt
Journal Publications
This paper examines the legality of power-sharing in Africa with specific reference to the Accra and Lome accords, which brought about a fragile cessation of the conflicts in Liberian and Sierra Leone, respectively. It examines the future of international criminal law vis-a-vis power-sharing by prospectively examining gaps in state practice and rules that arguably permit the "crime of illegal peace" by insurrectionists, political elites, and moral guarantors. When warlords use violence to coerce democratically constituted governments to share power, does power-sharing simply become a euphemism for "guns for jobs"? Which legal rules, if any, govern peace agreements in internal conflicts? …
The Canine Metaphor And The Future Of Sentencing Reform: Dogs, Tails, And The Constitutional Law Of Wagging, Benjamin Priester
The Canine Metaphor And The Future Of Sentencing Reform: Dogs, Tails, And The Constitutional Law Of Wagging, Benjamin Priester
Journal Publications
Over the last seven years, in what is commonly referred to as the Apprendi line of cases, the United States Supreme Court has promulgated an audacious and controversial constitutional law of sentencing characterized by thinly veiled disdain for legislative sentencing reform measures and high regard for judicial discretion in punishing offenders. The Court's opinions have asserted that its newfound constitutional principle is necessary to safeguard defendants' Sixth Amendment right to trial by jury against legislative encroachment. In truth, the only interest being preserved is judges' assessment of their own importance. The doctrinal and practical effects of the new sentencing doctrine …
Climate Change, The United States, And The Impacts Of Arctic Melting: A Case Study In The Need For Enforceable International Environmental Human Rights, Randall S. Abate
Climate Change, The United States, And The Impacts Of Arctic Melting: A Case Study In The Need For Enforceable International Environmental Human Rights, Randall S. Abate
Journal Publications
Climate change is currently the most significant and daunting international environmental problem, with disproportionate and devastating impacts on indigenous groups. The plight of the Inuit is illustrative of a larger need to recognize and enforce international environmental human rights violations. Part I of this Article examines the evolution of various approaches to environmental human rights theories in (1) United States law, (2) international human rights law instruments, and (3) the laws of other nations. Part II considers the scientific evidence and legal theory underlying the Inuit petition before the Inter-American Commission on Human Rights and explores how this scenario underscores …
Walking The Beach To The Core Of Sovereignty: The Historic Basis For The Public Trust Doctrine Applied In Glass V. Goeckel, Robert Haskell Abrams
Walking The Beach To The Core Of Sovereignty: The Historic Basis For The Public Trust Doctrine Applied In Glass V. Goeckel, Robert Haskell Abrams
Journal Publications
In 2004, a split panel of the Michigan Court of Appeals announced its conclusion that Michigan littoral owners of property owned to the water's very edge and could exclude members of the public from walking on the beach. In that instant almost 3300 miles of the Great Lakes foreshore became, in theory and in law, closed to public use. The case became the leading flash point of controversy between the vast public and ardent private property rights groups. A little more than one year later, the Michigan Supreme Court reversed that ruling as errant on public trust grounds and returned …
Hurricane Katrina And Collective Identity: Seeing Through A "Her-Storical Lens", Deleso Alford Washington
Hurricane Katrina And Collective Identity: Seeing Through A "Her-Storical Lens", Deleso Alford Washington
Journal Publications
This paper will explore the black wombman's intersection of race, class, and sex during the early twentieth century, specifically as it relates to the pursuit of federal anti-lynching legislation. The central focus will be on the courageous efforts of black women to protect life by virtue of nommo, which means power of the spoken word.
Eulogy For Senator Thomas F. Eagleton, Mark Abels
Eulogy For Senator Thomas F. Eagleton, Mark Abels
Saint Louis University Law Journal
No abstract provided.
Appalachian Stereotypes And Mountain Top Removal, Jill M. Fraley
Appalachian Stereotypes And Mountain Top Removal, Jill M. Fraley
Scholarly Articles
The fight to save Appalachia from absolute devastation by mining companies has, thus far, been a losing battle. As the photographs recently published in Vanity Fair and Audubon so vividly proclaim, Appalachia—the great hidden forest of the United States—is still being laid to waste, mile by mile, despite the work of valiant activists. Although there have been numerous obstacles, the primary reason for failure is wrapped up in the image of Appalachia in the public consciousness. This single hurdle—the image of Appalachia—stands behind, buttressing numerous obstacles to ending mountain top removal mining.
Table Of Contents, Jtaa Editors
Table Of Contents, Jtaa Editors
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Masthead, Jtaa Editors
Masthead, Jtaa Editors
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Editor's Note, Jenna Phipps
Editor's Note, Jenna Phipps
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
After Crawford: Using The Confrontation Clause In Massachusetts Courts, David A. Lowy, Katherine Bowles Dudich
After Crawford: Using The Confrontation Clause In Massachusetts Courts, David A. Lowy, Katherine Bowles Dudich
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Why The Plain View Doctrine Should Not Apply To Digital Evidence, Rayming Chang
Why The Plain View Doctrine Should Not Apply To Digital Evidence, Rayming Chang
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Developing Wind Power Projects In Massachusetts: Anticipating And Avoiding Litigation In The Quest To Harness The Wind, Mike Koehler
Developing Wind Power Projects In Massachusetts: Anticipating And Avoiding Litigation In The Quest To Harness The Wind, Mike Koehler
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
James Otis, Paul Revere, A Routine Traffic Stop And The Massachusetts Supreme Judicial Court: When It Comes To Drug-Detection, It's Not Who Let The Dogs Out, It's Who Wouldn't, Ronen Morris
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Seeing The Light: Ignoring Collateral Economic Benefits To The Public When Enforcing Servitudes, Michael S. Schneider
Seeing The Light: Ignoring Collateral Economic Benefits To The Public When Enforcing Servitudes, Michael S. Schneider
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
State Of Confusion: The Hippa Privacy Rule And State Physician-Patient Privilege Laws In Federal Question Cases, Jenna Phipps
State Of Confusion: The Hippa Privacy Rule And State Physician-Patient Privilege Laws In Federal Question Cases, Jenna Phipps
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Constitutional Law - The Knock And Announce Rule Becomes Obsolete - Hudson V. Michigan, 126 S. Ct. 2159 (2006), Rachel Rediker
Constitutional Law - The Knock And Announce Rule Becomes Obsolete - Hudson V. Michigan, 126 S. Ct. 2159 (2006), Rachel Rediker
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Self-Incrimination And The European Court Of Human Rights: Procedural Issues In The Enforcement Of The Right To Silence, Mark Berger
Faculty Works
This article provides an analysis of the procedural aspects of the right to silence falling within Art. 6 of the European Convention on Human Rights. The author examines the jurisprudence of the European Court of Human Rights under the following areas: overview, appearance to answer questions, a demand for documents, false responses, warnings and adverse inferences. The subject is discussed at investigation stage, just prior to and during civil and criminal proceedings. The piece concludes with summaries of the jurisprudence in these varying circumstances.
Procedural Fairness: A Key Ingredient In Public Satisfaction, Kevin Burke, Steve Leben
Procedural Fairness: A Key Ingredient In Public Satisfaction, Kevin Burke, Steve Leben
Faculty Works
No abstract provided.
The Impact Of Human Gene Patents On Innovation And Access: Survey Of Human Gene Patent Litigation, Christopher M. Holman
The Impact Of Human Gene Patents On Innovation And Access: Survey Of Human Gene Patent Litigation, Christopher M. Holman
Faculty Works
In 2005, an article in the highly influential journal Science reported that roughly 20% of human genes are patented. This figure has been widely cited and at times over-interpreted. For example, a popular science fiction author warns the public that their bodies are "owned" by someone else. A bill was introduced in Congress in 2007 that would essentially seek to ban the patenting of DNA. The bill appears motivated in part by a perception that one-fifth of our genes are owned by somebody else, that these owners can do whatever they want with these genes, and that there is "nothing …
State V. John Scopes (The Monkey Trial), Douglas O. Linder
State V. John Scopes (The Monkey Trial), Douglas O. Linder
Faculty Works
The early 1920s found social patterns in chaos. Traditionalists, the older Victorians, worried that everything valuable was ending. Younger modernists no longer asked whether society would approve of their behavior, only whether their behavior met the approval of their intellect. Intellectual experimentation flourished. Americans danced to the sound of the Jazz Age, showed their contempt for alcoholic prohibition, debated abstract art and Freudian theories. In a response to the new social patterns set in motion by modernism, a wave of revivalism developed, becoming especially strong in the American South. Who would dominate American culture -- the modernists or the traditionalists? …