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2014

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Articles 1 - 30 of 12634

Full-Text Articles in Law

Medical Staff Boot Camp, Rick D. Barton Dec 2014

Medical Staff Boot Camp, Rick D. Barton

Center for Health Law Policy and Bioethics

No abstract provided.


Dangerous Diagnoses, Risky Assumptions, And The Failed Experiment Of “Sexually Violent Predator” Commitment, Deirdre M. Smith Dec 2014

Dangerous Diagnoses, Risky Assumptions, And The Failed Experiment Of “Sexually Violent Predator” Commitment, Deirdre M. Smith

Oklahoma Law Review

In its 1997 opinion, Kansas v. Hendricks, the U.S. Supreme Court upheld a law that reflected a new model of civil commitment. The targets of this new commitment law were dubbed “Sexually Violent Predators” (SVPs), and the Court upheld indefinite detention of these individuals on the assumption that there is a psychiatrically distinct class of individuals who, unlike typical recidivists, have a mental condition that impairs their ability to refrain from violent sexual behavior. And, more specifically, the Court assumed that the justice system could reliably identify the true “predators,” those for whom this unusual and extraordinary deprivation of liberty …


Schooling The Supreme Court, Christine Chabot Dec 2014

Schooling The Supreme Court, Christine Chabot

Faculty Publications & Other Works

Supreme Court Justices' uniform professional backgrounds have drawn increasing criticism. Yet it is unclear how diverse professional training would affect the Court's decisions. This Article offers the first empirical analysis of how Justices with diverse professional training vote: It examines a unique period when Justices with formal legal education sat with Justices who entered the profession by reading the law alone.

The study finds that Justices' levels of agreement and politically independent voting vary significantly according to their professional training. In cases which divided the Court, Justices who shared the benefit of formal legal education (1) voted together more often …


2014 Year In Review: 2 Law Schools Welcome New Deans While A Third Experiences Abrupt Departure Dec 2014

2014 Year In Review: 2 Law Schools Welcome New Deans While A Third Experiences Abrupt Departure

Austen Parrish (2014-2022)

No abstract provided.


State Of Utah V. James C. Mccallie : Brief Of The Appellant, Utah Court Of Appeals Dec 2014

State Of Utah V. James C. Mccallie : Brief Of The Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from a convictoin for aggravated assault, a third degree felony in the Third District Court, State of Utah, the Honorable Denise P. Lindberg, Judge, presiding.


Federated Capital Corporation Dba Federated Financial Corporation Of America, Plaintiff/Appellant, Vs. Neal Deutsch, Individually And Dba Aone Media, Inc., Defendant/Appellee. : Reply Brief Of Appellant, Utah Court Of Appeals Dec 2014

Federated Capital Corporation Dba Federated Financial Corporation Of America, Plaintiff/Appellant, Vs. Neal Deutsch, Individually And Dba Aone Media, Inc., Defendant/Appellee. : Reply Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

REPLY BREIF OF APPELLANT

ON APPEAL FROM THE THIRD JUDICIAL DISTRICT COURT, UTAH
COUNTY, STATE OF UTAH, BEFORE THE HONORABLE KEITH KELLY


The Future Will Require Learning How To Exist In A Multicultural Society, Vanessa Lopez-Littleton Dec 2014

The Future Will Require Learning How To Exist In A Multicultural Society, Vanessa Lopez-Littleton

UCF Forum

Why should I have to tell my sons to respect the police?


Front Matter Dec 2014

Front Matter

City University of New York Law Review

No abstract provided.


Introduction: To Economic Justice Dec 2014

Introduction: To Economic Justice

City University of New York Law Review

No abstract provided.


Elevating Substance Over Procedure: The Retroactivity Of Miller V. Alabama Under Teague V. Lane, Brandon Buskey, Daniel Korobkin Dec 2014

Elevating Substance Over Procedure: The Retroactivity Of Miller V. Alabama Under Teague V. Lane, Brandon Buskey, Daniel Korobkin

City University of New York Law Review

This Article proposes a unique framework establishing that the United States Supreme Court’s decision in Miller v. Alabama, which forbids states from automatically sentencing juveniles to life imprisonment without any meaningful opportunity for release, must apply retroactively to hundreds of juveniles whose convictions and life sentences were already final at the time of the decision. Such a framework is timely and critical. The lower state and federal courts are divided on the question, and the Supreme Court is likely to settle the issue within the next year. The Article reviews how, absent guidance from the Supreme Court, a host of …


The Promise And Peril Of The Anti-Commandeering Rule In The Homeland Security Era: Immigrant Sanctuary As An Illustrative Case, Trevor George Gardner Dec 2014

The Promise And Peril Of The Anti-Commandeering Rule In The Homeland Security Era: Immigrant Sanctuary As An Illustrative Case, Trevor George Gardner

Saint Louis University Public Law Review

No abstract provided.


Federated Capital Corporation Dba Federated Financial Corporation Of America, Plaintiff/Appellant, Vs. Neal Deutsch, Individually And Dba Aone Media, Inc., Defendant/Appellee. : Brief Of Appellant, Utah Court Of Appeals Dec 2014

Federated Capital Corporation Dba Federated Financial Corporation Of America, Plaintiff/Appellant, Vs. Neal Deutsch, Individually And Dba Aone Media, Inc., Defendant/Appellee. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLANT

ON APPEAL FROM THE THIRD JUDICIAL DISTRICT COURT, UTAH
COUNTY, STATE OF UTAH, BEFORE THE HONORABLE KEITH KELLY


Federated Capital Corp. D.B.A. Federated Financial Corp Of America, Plaintiff/Appellant, Vs. Neal Deutsch, Dba Aone Media, Inc, Defendant/Appellee. : Brief Of Appellee, Utah Court Of Appeals Dec 2014

Federated Capital Corp. D.B.A. Federated Financial Corp Of America, Plaintiff/Appellant, Vs. Neal Deutsch, Dba Aone Media, Inc, Defendant/Appellee. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLEE

APPEAL FROM THE THIRD JUDICIAL DISTRICT COURT, SALT LAKE
COUNTY, STATE OF UTAH, THE HONORABLE KEITH KELLY, DISTRICT COURT NO. 139918085.


Federated Capital Corporation Dba Federated Financial Corporation Of America, Plaintiff/Appellant, Vs. Arnella M. Abraham, Individually And Dba Weststar Properties, Inc., Defendant/Appellee. : Reply Brief Of Appellant, Utah Court Of Appeals Dec 2014

Federated Capital Corporation Dba Federated Financial Corporation Of America, Plaintiff/Appellant, Vs. Arnella M. Abraham, Individually And Dba Weststar Properties, Inc., Defendant/Appellee. : Reply Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

REPLY BRIEF OF APPELLANT

ON APPEAL FROM THE THIRD JUDICIAL DISTRICT COURT, UTAH
COUNTY, STATE OF UTAH, BEFORE THE HONORABLE KEITH KELLY


Federated Capital Corporation Dba Federated Financial Corporation Of America, Plaintiff/Appellant, Vs. Rebecca Nazar, Individually And Dba Little Gift Shop, Defendant/Appellee. : Reply Brief, Utah Court Of Appeals Dec 2014

Federated Capital Corporation Dba Federated Financial Corporation Of America, Plaintiff/Appellant, Vs. Rebecca Nazar, Individually And Dba Little Gift Shop, Defendant/Appellee. : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

REPLY BRIEF OF APPELLANT

ON APPEAL FROM THE THIRD JUDICIAL DISTRICT COURT, UTAH
COUNTY, STATE OF UTAH, BEFORE THE HONORABLE KEITH KELLY


Federated Capital Corp. D.B.A. Federated Financial Corp. Of America, Plaintiff/Appellant, Vs. Rebecca Nazar, D.B.A. Beccas Little Gift Shop, Defendant/Appellee. : Brief Of Appellee, Utah Court Of Appeals Dec 2014

Federated Capital Corp. D.B.A. Federated Financial Corp. Of America, Plaintiff/Appellant, Vs. Rebecca Nazar, D.B.A. Beccas Little Gift Shop, Defendant/Appellee. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLEE

APPEAL FROM THE THIRD JUDICIAL DISTRICT COURT, SALT LAKE
COUNTY, STATE OF UTAH, THE HONORABLE KEITH KELLY, DISTRICT
COURT NO. 129909968.


Federated Capital Corporation Dba Federated Financial Corporation Of America, Plaintiff/Appellant, Vs. James N Shaw \Dba\ Alpha Blinds Dist Defendant/Appellee. : Brief Of Appellant, Utah Court Of Appeals Dec 2014

Federated Capital Corporation Dba Federated Financial Corporation Of America, Plaintiff/Appellant, Vs. James N Shaw \Dba\ Alpha Blinds Dist Defendant/Appellee. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLANT

ON APPEAL FROM THE THIRD JUDICIAL DISTRICT COURT, UTAH
COUNTY, STATE OF UTAH, BEFORE THE HONORABLE DENISE P.
LINDBERG


Federated Capital Corporation Dba Federated Financial Corporation Of America, Plaintiff/Appellant, Vs. Rebecca Nazar \Dba\ Beccas Little Gift Shop Defendant/Appellee. : Brief Of Appellant, Utah Court Of Appeals Dec 2014

Federated Capital Corporation Dba Federated Financial Corporation Of America, Plaintiff/Appellant, Vs. Rebecca Nazar \Dba\ Beccas Little Gift Shop Defendant/Appellee. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLANT

ON APPEAL FROM THE THIRD JUDICIAL DISTRICT COURT, UTAH
COUNTY, STATE OF UTAH, BEFORE THE HONORABLE KEITH KELLY


State Of Utah, In The Interest Of B.L.D., (Dob: 6/28/1999), A Person Under 18 Years Of Age, Utah Court Of Appeals Dec 2014

State Of Utah, In The Interest Of B.L.D., (Dob: 6/28/1999), A Person Under 18 Years Of Age, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from a dispositional order entered after an adjudication for one count of curfew violation, a juvenile status offense, see Davis County Code 9.08.010, entered in the Third District Juvenile Court, in and for Salt Lake County, State of Utah, the Honorable C. Dane Nolan presiding


State Of Utah, Plaintiff/ Appellee, V. Cooper John Anthony Van Huizen, Defendant/ Appellant., Utah Court Of Appeals Dec 2014

State Of Utah, Plaintiff/ Appellee, V. Cooper John Anthony Van Huizen, Defendant/ Appellant., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the juvenile court's decision under the Seriou$ Youth Offender Act to bind Defendant over for trial in the district court on charges of aggraiated robbery and aggravated burglary, in the Second Judicial District Juvenile , Court Weber .County, the Honorable Michelle Jvl. Heward presiding ·


State Of Utah, Plaintiff/ Appellee, V. Cooper John Anthony Van Huizen Defendant/ Appellant., Utah Court Of Appeals Dec 2014

State Of Utah, Plaintiff/ Appellee, V. Cooper John Anthony Van Huizen Defendant/ Appellant., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the bindover order entered by the Second District Juvenile Court, the Honorable Michelle Heward presiding, transferring Cooper John Anthony Van Huizen to the District Court, the Honorable Ernie Jones presiding, pursuant to the Serious Youth Offender statute, see Utah Code§ 78A-6-702 (2013).


A Failing School District And A Failing Statute: How Breitenfeld V. School District Of Clayton And The Unaccredited District Tuition Statute Nearly Destroyed A Struggling School District And Disrupted The Education Of Its Students, Jonathan K. Hoerner Dec 2014

A Failing School District And A Failing Statute: How Breitenfeld V. School District Of Clayton And The Unaccredited District Tuition Statute Nearly Destroyed A Struggling School District And Disrupted The Education Of Its Students, Jonathan K. Hoerner

Saint Louis University Law Journal

No abstract provided.


The Diary Of An Ex-Con, Erica Edwards Dec 2014

The Diary Of An Ex-Con, Erica Edwards

Capstones

Evelyn Litwok talks about abuse that incarcerated people experience in prison and the punishment inmates face when they attempt to address it with administration.


Michael S. Robinson, Plaintiff/Appellant, Vs. Jones Waldo Holbrook & Mcdonough, P.C.; Stephen C. Clark, And Melissa M. Bean, Defendants/Appellees, Utah Court Of Appeals Dec 2014

Michael S. Robinson, Plaintiff/Appellant, Vs. Jones Waldo Holbrook & Mcdonough, P.C.; Stephen C. Clark, And Melissa M. Bean, Defendants/Appellees, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

This is an appeal from a ruling of the Hon. Charlene Barlow of the Third District Court Salt Lake County, State of Utah


Federated Capital Corporation Dba Federated Financial Corporation Of America, Plaintiff/Appellant, Vs. Arnella M. Abraham, Individually And Dba Weststar Properties, Inc., Defendant/Appellee. : Brief Of Appellant, Utah Court Of Appeals Dec 2014

Federated Capital Corporation Dba Federated Financial Corporation Of America, Plaintiff/Appellant, Vs. Arnella M. Abraham, Individually And Dba Weststar Properties, Inc., Defendant/Appellee. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLANT

ON APPEAL FROM THE THIRD JUDICIAL DISTRICT COURT, UTAH
COUNTY, STATE OF UTAH, BEFORE THE HONORABLE KEITH KELLY


Federated Capital Corp. D.B.A. Federated Financial Corp. Of America, Plaintiff/Appellant, Vs. James Shaw, Dba Alpha Blinds Dist, Defendant/Appellee. : Brief Of Appellee, Utah Court Of Appeals Dec 2014

Federated Capital Corp. D.B.A. Federated Financial Corp. Of America, Plaintiff/Appellant, Vs. James Shaw, Dba Alpha Blinds Dist, Defendant/Appellee. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLEE

APPEAL FROM THE THIRD JUDICIAL DISTRICT COURT, SALT LAKE
COUNTY, STATE OF UTAH, THE HONORABLE DENISE P. LINDBERG,
DISTRICT COURT NO. 139910356.


Bank Of America, N.A. V. Samuel D. Adamson And Courtney D. Adamson And John Doe/Jane Doe/Occupant : Appellant's Replacement Brief, Utah Supreme Court Dec 2014

Bank Of America, N.A. V. Samuel D. Adamson And Courtney D. Adamson And John Doe/Jane Doe/Occupant : Appellant's Replacement Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from a final Order of Dismissal of the Fifth Judicial District court, Saint George Department Washington County State of Utah by The Honorable Jeffrey C. WIlcox


Remanding Multidistrict Litigation, Elizabeth Chamblee Burch Dec 2014

Remanding Multidistrict Litigation, Elizabeth Chamblee Burch

Louisiana Law Review

The article focuses on the procedural, substantive, and communal benefits of remanding multidistrict litigation (MDL). Topics discussed include efforts of plaintiff's lawyer in increasing their fees by implementing various fee provisions in settlement, the views of Judge John G. Heyburn on remand of MDL, and the importance of remanding MDL cases in dispute resolution.


Difficulties With Sharing: A Proposal To Define The Voluntary Unit And Protect The Rights Of Surface Co-Owners And Mineral Servitude Holders In Louisiana, W. Drew Burnham Dec 2014

Difficulties With Sharing: A Proposal To Define The Voluntary Unit And Protect The Rights Of Surface Co-Owners And Mineral Servitude Holders In Louisiana, W. Drew Burnham

Louisiana Law Review

The article focuses on the co-ownership principles and nature of the mineral servitude in Louisiana. Topics discussed include the importance of implementing reforms in the Mineral Code, solutions for equitable remedies for surface co-owners, and the judicial opinion of the Supreme Court of Louisiana on the case Frost-Johnson Lumber Co. v. Sailing's Heirs.


Testamentary Formalism In Louisiana: Curing Notarial Will Defects Through A Likelihood-Of-Fraud Analysis, George Holmes Dec 2014

Testamentary Formalism In Louisiana: Curing Notarial Will Defects Through A Likelihood-Of-Fraud Analysis, George Holmes

Louisiana Law Review

The article focuses on remedial doctrines applied by the U.S. courts in resolving issues of testamentary formalism. Topics discussed include analysis of the substantial compliance doctrine in Louisiana jurisprudence, laws signifying the importance of attestation and presence of witness, and the law for limiting validation of testator's intent through minimis errors.