Law Commons^™

Kara Cattani, As Trustee Of The Oates Family Trust, Plaintiff/Appellant, V. Lyle Drake; Durham, Jones, & Pinegar, P.C., A Utah Professional Corporation; Daniel Maynard; And Maynard Cronin Erickson Curran & Sparks, P.L.C. Defendants/Appellees. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

BRIEF OF APPELLEE DANIEL MAYNARD AND
MAYNARD CRONIN ERICKSON CURRAN & SPARKS, P.L.C.

Appeal from the Fifth Judicial District Court for Washington County, State of Utah
Judge Pamela G. Heffernan, Presiding

Benjamin Arriaga, Petitioner And Appellant, V. State Of Utah, Respondent And Appellee. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

BRIEF OF THE APPELLANT

On appeal from the Third Judicial District Court, Salt Lake County,
Honorable Charlene Barlow, District Court No. 120404690

Mr. Arriaga is currently incarcerated.

ORAL ARGUMENT REQUESTED

State Of Utah, Plaintiff/Appellee, V. Johnny Brickman Wall, Defendant/Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

Brief of Appellee

Appeal from conviction for murder, a first degree felony, in the
Third Judicial District, Salt Lake County, the Honorable James
T. Blanch presiding

A Sufficiency-Of-The-Evidence Exception To The New York Appellate Preservation Rule, Matthew Bova

City University of New York Law Review

No abstract provided.

Radtalks: What Could Be Possible If The Law Really Stood For Black Lives?, Purvi Shah, Colette Pichon Battle, Vincent Warren, Alicia Garza, Elle Hearns, Carl Williams, Norris Henderson, Umi Selah, Maurice Mitchell

City University of New York Law Review

A Series of Talks Delivered at the Law for Black Lives Convening, Organized by the Bertha Justice Institute at the Center for Constitutional Rights

Designing A 21st Century Corporate Tax – An Advance U.S. Minimum Tax On Foreign Income And Other Measures To Protect The Base, Stephen E. Shay, J. Clifton Fleming Jr., Robert J. Peroni

Faculty Scholarship

The 21st Century has seen unprecedented levels of corporate tax aggressiveness and avoidance. This article continues our exploration of second best international tax reforms that would protect the U.S. corporate tax base and have some likelihood of adoption. In this case, we consider how a U.S. minimum tax on foreign income earned by a controlled foreign corporation should be designed to protect the United States against erosion of its corporate income tax base and to combat tax competition by low-tax intermediary countries. In the authors’ view, a minimum tax should be an interim levy that preserves the residual U.S. tax …

How Women's Organizations Are Changing The Legal Landscape Of Reproductive Rights In Latin America, Fabiola Carrión

City University of New York Law Review

No abstract provided.

When Judges Don't Follow The Law: Research And Recommendations, Michele Cotton

City University of New York Law Review

No abstract provided.

Expectations Of The Exemplar: An Exploration Of The Burdens On Public School Teachers In The Absence Of Tenure, Jacqueline A. Meese

City University of New York Law Review

No abstract provided.

Is It Worthless To Be "Worth Less"? Ending The Exemption Of People With A Disability From The Federal Minimum Wage Under The Fair Labor Standards Act Notes, Alanna Sakovits

City University of New York Law Review

No abstract provided.

The Progressives: Economics, Science, And Race, Herbert J. Hovenkamp

All Faculty Scholarship

This essay is a brief review of Thomas C. Leonard, Illiberal Reformers: Race, Eugenics, and American Economics in the Progressive Era (Princeton Univ. Press 2016).

Transparency And The Supreme Court—Can Employers Refuse To Disclose How Much They Pay For Health Care?, Nicholas Bagley, Christopher Koller

Articles

For decades, the prices that hospitals and physicians charge private insurers have been treated as trade secrets. Even though inflated prices are an enormous reason why health care is so much more expensive in the United States than in other countries, we have only a hazy picture of what those prices actually are.

Laguna Beach Pd Policy Manual

Subfederal Government Responses

No abstract provided.

Val Copper And Richard Cooper, Plaintiffs/Appellees, Vs. Nate Dressel And Jen Dressel, Defendants/Appellants : Brief Of Appellants, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

Appeal from a final order on a motion to set aside default judgment of the Fourth District Court, Utah County the Honorable Darold McDade

Ross Douthat’S Critique Of Modernity, Bruce Ledewitz

Hallowed Secularism

Blog post, “Ross Douthat’s Critique of Modernity“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Rocky Mountain Builders Supply, Inc., Dba Ck Builders Plaintiff/ Appellant, V. Steve Marks, Defendant/ Appellee., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

Appeal from Order of Dismissal of the Fourth District Court, Utah County The Honorable Samuel Mc Vey, District Court Judge, Presiding District Court Case

What Does Recent Neuroscience Tell Us About Criminal Responsibility?, Uri Maoz, Gideon Yaffe

Psychology Faculty Articles and Research

A defendant is criminally responsible for his action only if he is shown to have engaged in a guilty act—actus reus (eg for larceny, voluntarily taking someone else’s property without permission)—while possessing a guilty mind—mens rea (eg knowing that he had taken someone else’s property without permission, intending not to return it)—and lacking affirmative defenses (eg the insanity defense or self-defense). We therefore first review neuroscientific studies that bear on the nature of voluntary action, and so could, potentially, tell us something of importance about the actus reus of crimes.Then we look at studies of intention, perception of …

Los Problemas De Las Fronteras Humanitarias, Miriam Ticktin

Publications and Research

Resumen:

Este texto plantea un análisis crítico del papel de los discursos y prácticas humanitaristas en nuestra concepción de la migración y en las políticas públicas desarrolladas en relación a la movilidad poblacional a través de las fronteras internacionales. Se parte de la premisa de que el humanitarismo, aunque fuera bien intencionado, puede tener efectos perniciosos sobre la situación que se vive en las fronteras, especialmente si acaba por sustituir a la justicia y a los derechos que tienen los emigrantes. Para estudiar esta paradoja, el texto analiza, sucesivamente, varios problemas asociados a la acción humanitaria: el problema con la …

Trending @ Rwu Law: 12/29/2015: Dean Yelnosky's Post: Fourteen Weeks, Michael Yelnosky

Law School Blogs

No abstract provided.

5 Legal Developments You May Have Missed In 2015, Donald Roth

Faculty Work Comprehensive List

Posting summarizing important, but less headline-making, developments in American law during the past year from In All Things - an online hub committed to the claim that the life, death, and resurrection of Jesus Christ has implications for the entire world.

http://inallthings.org/5-legal-developments-you-may-have-missed-in-2015/

Alan Hoskins, Jr., Plaintiff/Appellant, Vs. Ogden Auto Body, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

Appeal from the Second District Court,Weber County, State of Utah the Hon. Ernie W. Jones, Civil No. 130904256

Kings County, Et Al., Petitioners, V. Surface Transportation Board And United States Of America, Et Al., Proposed Amicus Curiae Brief Of Center For Biological Diversity In Support Of Neither Party For Abstention Or Reversal Of The Surface Transportation Board’S Decision, Helen H. Kang, Et Al.

Publications

IN THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

No. 15-71780 KINGS COUNTY, et al., Petitioners, v. SURFACE TRANSPORTATION BOARD and UNITED STATES OF AMERICA, Respondents, and CALIFORNIA HIGH-SPEED RAIL AUTHORITY Intervenor and Respondent.

No. 15-72570 DIGNITY HEALTH, Petitioner, v. SURFACE TRANSPORTATION BOARD and UNITED STATES OF AMERICA, Respondents, and CALIFORNIA HIGH-SPEED RAIL AUTHORITY Intervenor and Respondent. _______________________________________________________________ PROPOSED AMICUS CURIAE BRIEF OF CENTER FOR BIOLOGICAL DIVERSITY IN SUPPORT OF NEITHER PARTY FOR ABSTENTION OR REVERSAL OF THE SURFACE TRANSPORTATION BOARD’S DECISION

Newsroom: Logan On 2015'S Record Settlements, Roger Williams University School Of Law

Life of the Law School (1993- )

Also available @ http://law.rwu.edu/story/logan-2015s-record-settlements

Bust Out Without Breaking Up, Michael M. Oswalt

College of Law Faculty Publications

(Response to “Careful What You Wish For: A Critical Appraisal of Proposals to Rebuild the Labor Movement” by Lance Compa, originally published in New Labor Forum on December 28, 2015). Lance Compa is right: alt-labor relies heavily on union support, and it’s not self-sustaining. But the conclusion he draws—that it’s a lot of flash and no fix—is only half-right. The truth is, we should feel optimistic about “traditional” labor because of alt-labor, not in spite of it. The two futures are linked, and supporting alt-labor may be the smartest way for unions to put fuel to the flashes and get …

Justice In America: Diverting The Mentally Ill, Matthew J. D'Emic

City University of New York Law Review

No abstract provided.

December 25, 2015: Merry Christmas 2015, Bruce Ledewitz

Hallowed Secularism

Blog post, “Merry Christmas 2015“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Frand V. Compulsory Licensing: The Lesser Of The Two Evils, Srividhya Ragavan, Brendan Murphy, Raj Davé

Duke Law & Technology Review

This paper focuses on two types of licenses that can best be described as outliers—FRAND and compulsory licenses. Overall, these two specific forms of licenses share the objective of producing a fair and reasonable license of a technology protected by intellectual property. The comparable objective notwithstanding, each type of license achieves this end using different mechanisms. The FRAND license emphasizes providing the licensee with reasonable terms, e.g., by preventing a standard patent holder from extracting unreasonably high royalty rates. By contrast, compulsory licenses emphasize the public benefit that flows from enabling access to an otherwise inaccessible invention. Ultimately, both forms …

Frand V. Compulsory Licensing: The Lesser Of The Two Evils, Srividhya Ragavan, Brendan Murphy, Raj Davé

Faculty Scholarship

This paper focuses on two types of licenses that can best be describes as outlier - FRAND and compulsory licenses. Overall, these two specific forms of licenses share the objective of producing a fair and reasonable license of a technology protected by intellectual property. The comparable objective notwithstanding, each type of license achieves this end using different mechanisms. The FRAND license emphasizes providing the licensee with reasonable terms, e.g., by preventing a standard patent holder from extracting unreasonably high royalty rates. By contrast, compulsory liceses emphasize the public benefit that flows from enabling access to an otherwise inaccessible invention. Ultimately, …

Echoes From The Segregationist Past At Oral Argument, Mary Ellen Maatman

Mary Ellen Maatman

Berry V. State, 131 Nev. Adv. Op. No. 96 (Dec. 24, 2015), Brittany L. Shipp

Nevada Supreme Court Summaries

The issue before the Court was an appeal from a district court order dismissing a post-conviction petition for writ of habeas corpus. The Court reversed and remanded holding that the district court improperly discounted the declarations in support of the appellant’s petition, which included a confession of another suspect, whom the petitioner implicated as the real perpetrator at trial. The Court held that these declarations were sufficient to merit discovery, and an evidentiary hearing on Petitioner Berry’s gateway actual innocence claim.