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2010

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Articles 9091 - 9120 of 11501

Full-Text Articles in Law

Should I Stay Or Should I Go - Covenants Not To Compete In A Down Economy: A Proposal For Better Advocacy And Better Judicial Opinions, Kate O'Neill Jan 2010

Should I Stay Or Should I Go - Covenants Not To Compete In A Down Economy: A Proposal For Better Advocacy And Better Judicial Opinions, Kate O'Neill

UC Law Business Journal

This article is an effort to think about covenants not to compete from a theoretical and practical standpoint. Employee covenants not to compete generate a lot of legal disputes perhaps, in part, because they often bite when an employment relationship is already on the rocks and then they extend their restraints out past the time of any productive exchange between the parties. Employee covenants not to compete also generate scores of academic articles because there are always new cases to write about and because covenants dwell on a fault line that runs between freedom of contract and substantive control over …


Repeat Player Vs. One-Shotter: Is Victory All That Obvious, Bahaar Hamzehzadeh Jan 2010

Repeat Player Vs. One-Shotter: Is Victory All That Obvious, Bahaar Hamzehzadeh

UC Law Business Journal

This study tests Marc Galanter's theory in his work entitled Why the 'Haves' Come Out Ahead: Speculations on the Limits of Legal Change. In his article, Galanter argues that classes of litigants with the greatest resources and the lowest relative risk in litigation have the highest rates of success in court. Galanter explains his theory by categorizing litigants as either repeat players or oneshotters. Repeat players consist of litigants who generally have the most resources and the lowest relative risk, and one-shotters consist of litigants who generally have the least resources and the greatest relative risk. To test his theory, …


The Governance Of Contemporary Sovereign Wealth Funds, Yvonne C. L. Lee Jan 2010

The Governance Of Contemporary Sovereign Wealth Funds, Yvonne C. L. Lee

UC Law Business Journal

Recent contemporary sovereign wealth funds developments, viewed against the historical backdrop of international law and practice, particularly foreign investment law and practice, underscore the inter-action between economics, law and politics. This article first introduces the issues that have emerged as a result of sovereign wealth funds contemporary investments and observes how sovereign wealth funds and recipient countries have reacted to these developments. It proposes a model of sovereign wealth fund governance based on consultation, cooperation and coordination. This model draws on the experience of current deliberative fora such as the G20 summits and the International Working Group of Sovereign Wealth …


Every Rose Has Its Thorn: A New Approach To Deaccession, Andrew W. Eklund Jan 2010

Every Rose Has Its Thorn: A New Approach To Deaccession, Andrew W. Eklund

UC Law Business Journal

In January 2009, Brandeis University announced that it planned to sell off the entire art collection of the Rose Art Museum. The purpose of this Note is to compare the situation at Brandeis against three previously-suggested methods of dealing with "deaccession," the sale of artwork by museums, and to suggest a fourth, hybrid approach to deaccession. The approach takes elements of the other models, and based on the American Association of Museum's Code of Ethics for Museums, proposes a new standard. Part I gives an overview of the American Association of Museum's Code of Ethics for Museums and a brief …


Lights, Camera, Sanction - Whether A Proposed Anti-Paparazzi Ordinance Would Limit Investigative Journalism In The News Business, Shelly Rosenfeld Jan 2010

Lights, Camera, Sanction - Whether A Proposed Anti-Paparazzi Ordinance Would Limit Investigative Journalism In The News Business, Shelly Rosenfeld

UC Law Business Journal

While the value of paparazzi-driven journalism is very low, it would be a detriment to the public if paparazzi regulations would potentially limit, or even have a chilling effect on valuable investigative news, merely because there were similar ways the two acquired information. Certain newsgathering torts permit one to consider the newsworthiness, and hence public interest of the stories in question in evaluating the claim. Just as a driver who runs a red light on the way to visit a sick relative in the hospital has still broken the law, if a reporter breaks the more stringent regulations imposed on …


Evolution And Effectiveness Of Independent Directors In Indian Corporate Governance, Umakanth Varottil Jan 2010

Evolution And Effectiveness Of Independent Directors In Indian Corporate Governance, Umakanth Varottil

UC Law Business Journal

The purpose of this Article is two-fold: (i) to identify the rationale for the emergence of independent directors by tracing their evolution in the U.S. and the U.K. where they originated; and (ii) to examine the transplantation of that concept into India with a view to evaluating the effectiveness of independent directors in that country. This Article finds that there are significant differences in the corporate ownership structures and legal systems between the countries of origin of independent directors on the one hand and India on the other. Due to the diffused shareholding structures in the U.S. and the U.K., …


Confusing Bundling With Tying Under Article 82 Ec: Batteries Included Or It Only Comes With Fries, Robert M. Schwartz Jan 2010

Confusing Bundling With Tying Under Article 82 Ec: Batteries Included Or It Only Comes With Fries, Robert M. Schwartz

UC Law Business Journal

"Bundling" and "tying" are terms commonly used to describe business practices engaged in by undertakings at every level of economic power. In nine separate instances the Court of First Instance in its Microsoft Decision held that the Commission had established Microsoft Corporation's practice of "abusive bundling"(the first time a Community Court had used the term). The CFI also upheld the Commission's findings by indiscriminately referring to them as either "tying" or "bundling" and justifying the result because it "can be deduced both from the very concept of bundling and from the case-law...". Shortly after the Commission issued its Guidance on …


Four Key Elements To Successful Financial Regulatory Reform, Reza Dibadj Jan 2010

Four Key Elements To Successful Financial Regulatory Reform, Reza Dibadj

UC Law Business Journal

The most recent crisis on Wall Street presents our nation with an extraordinary opportunity to begin a conversation about the economic and social policies that have led to the financial meltdown we have witnessed over the past few years. In keeping with the timely and crucial theme of the Hastings Business Journal's 2009 Symposium, this Article does not chronicle the crisis, but rather focuses on the lessons it might hold in getting "beyond the bailout." To mitigate, or perhaps even avoid, future disasters I argue that policymakers should focus on remedying four pernicious facilitators to scandal: dissemination of untruthful or …


Joseph W. Dellapenna And Joyeeta Gupta, Eds., The Evolution Of The Law And Politics Of Water, Meghana Shah Jan 2010

Joseph W. Dellapenna And Joyeeta Gupta, Eds., The Evolution Of The Law And Politics Of Water, Meghana Shah

Water Law Review

No abstract provided.


John A. Lyon V. Donald W. Bryan, M.D. : Brief Of Appellee, Utah Court Of Appeals Jan 2010

John A. Lyon V. Donald W. Bryan, M.D. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

PLAINTIFF'S APPEAL FROM AN ORDER DENYING A MOTION FOR NEW TRIAL, ENTERED BY THE SECOND JUDICIAL DISTRICT COURT, THE HONORABLE MICHAEL D. LYON, PRESIDING


Alliant Techsystems, Inc. V. Salt Lake County Board Of Equalization, Utah State Tax Commission, And Granite School District : Brief Of Appellee, Utah Court Of Appeals Jan 2010

Alliant Techsystems, Inc. V. Salt Lake County Board Of Equalization, Utah State Tax Commission, And Granite School District : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the Final Order of the Third Judicial District Court, State of Utah, Honorable Jon M. Memmott, Tax Judge, Presiding


The State Of Utah V. Randall Matthew Relyea : Reply Brief, Utah Court Of Appeals Jan 2010

The State Of Utah V. Randall Matthew Relyea : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from an interlocutory order granting a motion to exclude Intoxilyzer results in the Fourth Judicial District Court of Utah, Utah County, the Honorable Samuel D. McVey presiding.


State Of Utah V. Antonie Darnell Harris : Brief Of Appellee, Utah Court Of Appeals Jan 2010

State Of Utah V. Antonie Darnell Harris : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from a conviction for the lesser-included offense of assault, a Class B misdemeanor, in the Third Judicial District Court of Utah, Salt Lake County, the Honorable Terry Christiansen presiding.


In The Matter Of The Estate Of Rosemary Cosby V. : Brief Of Appellant, Utah Court Of Appeals Jan 2010

In The Matter Of The Estate Of Rosemary Cosby V. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLANTS'.


Timpanogos Hospital And Zurich American Insurance V. Tara Bishop And, Utah Labor Commission : Reply Brief, Utah Court Of Appeals Jan 2010

Timpanogos Hospital And Zurich American Insurance V. Tara Bishop And, Utah Labor Commission : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the Labor Commission of Utah Administrative Judge Richard M. La Jeunesse


Kilgore Pavement Maintenance, Llc, A Utah Limited Liability Company V. City Of West West Jordan : Brief Of Appellant, Utah Court Of Appeals Jan 2010

Kilgore Pavement Maintenance, Llc, A Utah Limited Liability Company V. City Of West West Jordan : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLANT KILGORE PAVEMENT MAINTENANCE, LLC APPEAL FROM THE THIRD JUDICIAL DISTRICT COURT, SALT LAKE COUNTY, JUDGE SANDRA PEULER CASE NO. 090901586


Carol L. Lowry Irrevocable Trust, Fred Lowry, And Does 1-10 V. G&L Enterprises Llc And Guy And Lynda Palmer : Reply Brief, Utah Court Of Appeals Jan 2010

Carol L. Lowry Irrevocable Trust, Fred Lowry, And Does 1-10 V. G&L Enterprises Llc And Guy And Lynda Palmer : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

APPEAL FROM SIXTH DISTRICT COURT, SANPETE COUNTY, UTAH JUDGE MARVIN BAGLEY


Capital Assests Financial Services V. Jordanelle Development Llc, Bruce Riches : Brief Of Appellant, Utah Court Of Appeals Jan 2010

Capital Assests Financial Services V. Jordanelle Development Llc, Bruce Riches : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appellate Brief of Appellant/Plaintiff


Amy B. Bott V. Jessie Lee Osburn : Brief Of Appellee, Utah Court Of Appeals Jan 2010

Amy B. Bott V. Jessie Lee Osburn : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

No abstract provided.


Ember Harrison V. Tiffany Thurston, An Individual, Tonya Rainey, An Individual, And John Does 1-10 : Reply Brief, Utah Court Of Appeals Jan 2010

Ember Harrison V. Tiffany Thurston, An Individual, Tonya Rainey, An Individual, And John Does 1-10 : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

APPEAL FROM AN ORDER DENYING RULE 60(b) MOTION TO SET ASIDE DISMISSAL OF THE FIFTH JUDICIAL DISTRICT COURT OF WASHINGTON COUNTY, STATE OF UTAH, THE HONORABLE ERIC A. LUDLOW


Skypark Airport Association Llc V. Jay Jensen : Reply Brief, Utah Court Of Appeals Jan 2010

Skypark Airport Association Llc V. Jay Jensen : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the Second District Court, Davis County, Judge Page


Casey Florence V. Chad Colbert : Brief Of Appellee, Utah Court Of Appeals Jan 2010

Casey Florence V. Chad Colbert : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

ON APPEAL FROM THE THIRD JUDICIAL DISTRICT COURT SALT LAKE COUNTY, STATE OF UTAH THE HONORABLE MICHELLE CHRISTUNSEN PRESIDING


Paul Mckinney Taylor V. Trisha Richard Taylor : Reply Brief, Utah Court Of Appeals Jan 2010

Paul Mckinney Taylor V. Trisha Richard Taylor : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the Third Judicial District Court, Tooele County Case No. 054300395DA. Honorable Stephen Henriod


Bear Hollow Restoration, Llc V. Public Service Commission Of Utah; Leon H. Saunders; Landmark Plaza Associates; Parley's Creek, Ltd.; Parley's Lane, Ltd.; Parley's Park; Sutart A. Knowles; Trilogy Limited, L.P.; Trilogy Asset Management, Inc.; Land & Water Resources, Inc.; Lawrence R. Knowles Irrevocable Trust; Leon H Saunders, Stuart A. Knowles And Trilogy Limited, L.P. Dba Sk Resources; Summit Water Distribution Company : Brief Of Appellee, Utah Court Of Appeals Jan 2010

Bear Hollow Restoration, Llc V. Public Service Commission Of Utah; Leon H. Saunders; Landmark Plaza Associates; Parley's Creek, Ltd.; Parley's Lane, Ltd.; Parley's Park; Sutart A. Knowles; Trilogy Limited, L.P.; Trilogy Asset Management, Inc.; Land & Water Resources, Inc.; Lawrence R. Knowles Irrevocable Trust; Leon H Saunders, Stuart A. Knowles And Trilogy Limited, L.P. Dba Sk Resources; Summit Water Distribution Company : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Petition for Review of Order from the Public Service Commission of Utah


Federal Deposit Insurance Corporation, Sucessor-In-Interest To Cenetennial Bank, Inc., And Richard W. Jones, Trustee V. Gary D. Mcdonald, Lynnea J. Mcdonald, G&L Mac, Inc., Casey Florence And Bradford E. Taylor As Beneficiaries; Chad C. Shattuck And Stanford A. Graham, As Trustees; Gray Excavation, Inc. : Reply Brief, Utah Court Of Appeals Jan 2010

Federal Deposit Insurance Corporation, Sucessor-In-Interest To Cenetennial Bank, Inc., And Richard W. Jones, Trustee V. Gary D. Mcdonald, Lynnea J. Mcdonald, G&L Mac, Inc., Casey Florence And Bradford E. Taylor As Beneficiaries; Chad C. Shattuck And Stanford A. Graham, As Trustees; Gray Excavation, Inc. : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

APPEAL AND CROSS-APPEAL FROM MEMORANDUM DECISIONS OF OCTOBER 6,2009 AND DECEMBER 3, 2009 AND JUDGMENT ENTERED IN THE THIRD JUDICIAL DISTRICT COURT IN AND FOR SALT LAKE COUNTY, JUDGE ROBERT P. FAUST


Claudia Orr, Eugene Orr, On Behalf Of Their Deceased Son, Kevin Orr, Holly Orr V. Uintah County, State Of Utah : Brief Of Appellee, Utah Court Of Appeals Jan 2010

Claudia Orr, Eugene Orr, On Behalf Of Their Deceased Son, Kevin Orr, Holly Orr V. Uintah County, State Of Utah : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

On appeal from an order and final judgment of the Eighth Judicial District Court in and for Uintah County, the honorable A. Lynn Payne, District Court Judge


All Clean, Inc. Dba The Flood Co., A Utah Corporation V. Timberline Properties, A Utah General Partnership; James B. Farrell, An Individual; Farrell J. Dehart, An Individual; And John Or Jane Does 1-5; : Brief Of Appellee, Utah Court Of Appeals Jan 2010

All Clean, Inc. Dba The Flood Co., A Utah Corporation V. Timberline Properties, A Utah General Partnership; James B. Farrell, An Individual; Farrell J. Dehart, An Individual; And John Or Jane Does 1-5; : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

APPEAL FROM THE DECISION AND ORDER OF THE HONORABLE W. BRENT WEST OF THE SECOND JUDICIAL DISTRICT COURT OF WEBER COUNTY, STATE OF UTAH


Vilma Estrada V. Robin Mendoza, Fred W. Almanza, Feria Access Llc, Southern Management Professional Limited Liability Company, Does 1-50 : Brief Of Appellee, Utah Court Of Appeals Jan 2010

Vilma Estrada V. Robin Mendoza, Fred W. Almanza, Feria Access Llc, Southern Management Professional Limited Liability Company, Does 1-50 : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

APPEAL FROM A JUDGMENT CERTIFIED AS FINAL BY THE FOURTH DISTRICT COURT, HORORABLE CLAUDIA LAYCOCK


Fletcher Stumph V. Kimberly V. Everhart : Brief Of Appellant, Utah Court Of Appeals Jan 2010

Fletcher Stumph V. Kimberly V. Everhart : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

APPELLANT FLETCHER STUMPH'S OPENING BRIEF ON APPEAL Appeal from the Minute Entry/Order of the Third District Court, State of Utah, County of Salt Lake, The Honorable Judge Paul G. Maughan.


Heather E. Brussow V. William T. Webster : Brief Of Appellee, Utah Court Of Appeals Jan 2010

Heather E. Brussow V. William T. Webster : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the Third District Court, Salt Lake County, State of Utah, the Honorable Tyrone E. Medley.