Law Commons^™

A Proposal To Regulate The International Contract Of Logistics Services Door-To-Door Including A Sea Leg, Claudia Cristina Mesa

World Maritime University Dissertations

No abstract provided.

Marital History And Retirement Security: An Empirical Analysis Of The Work, Family, And Gender Relationship, Lauren A. Martin Palmer

Graduate Doctoral Dissertations

This dissertation investigates the relationship between marital history and individuals’ retirement resources, namely Social Security, employer-sponsored pensions, and non-housing wealth. Prior research provides a foundation for understanding marriage’s positive relationship to retirement security, and suggests that marriage is financially beneficial and can even lessen some external factors that would otherwise damage a family’s financial situation. Yet changing demographics, with fewer people in first marriages and rising numbers of individuals experiencing divorce and choosing to remain unmarried, suggest our understanding of this relationship for today’s retirees may be limited. The purpose of this research is to identify which aspects of complex …

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– 2019)

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

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– 2019)

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

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/

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 …

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

Utah Court of Appeals Briefs (2007– 2019)

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

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

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, …

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.

Moultrie V. State, 131 Nev. Adv. Op. 93 (Dec. 24, 2015), Cassandra Ramey

Nevada Supreme Court Summaries

The Court of Appeals determined that the district court did not abuse its discretion by allowing the State to file an information by affidavit more than 15 days after the preliminary examination concluded, when the justice court committed an “egregious error,” and “the defendant was discharged but not prejudiced by the delay.” Further, the Court defines “egregious error” as when “a charge was erroneously dismissed or a defendant was erroneously discharged based on a magistrate’s error.” Due to the justice court’s egregious errors in the preliminary examination that resulted in appellant’s discharge, the Court found that the district court was …

In Re P.S., 131 Nev. Adv. Op. 95 (Dec. 24, 2015), Rob Schmidt

Nevada Supreme Court Summaries

The Supreme Court of Nevada held that under NRS § 62B.030 the district court has discretion over whether to conduct a hearing de novo after reviewing the recommendations of a master of the juvenile court when timely requested.

Newell V. State Of Nevada, 131 Nev. Adv. Op. 97 (December 24, 2015), Douglas H. Smith

Nevada Supreme Court Summaries

The holding of State v. Weddell is extended. Responding with deadly force to the commission of a felony per NRS § 200.160 is justified only when the person poses a threat of serious bodily injury. Short of such a threat, the amount of force used must be reasonable and necessary under the circumstances.

Diane Viel Ty And Jacob Lopez, Plaintiffs And Appellants, V. Ut Ah State Retirement Board And Pljblic Employees' Group Ter.11 Life Progr..'\11, Defendants And Appellees., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

On appeal from the Utah State Retirement Board, Agency Decision Number 13-12L

Leslie D. Mower, A11. Individual; Ld . I.Il, I.Lc, A Utah Limited Liability Company; Ld Ranch, Llc, N Utah Limited Liability Company, Plaintiffs/ Appellants, Vs. David R. Shv1pson, An Individual; Landmark Real Estate, Inc., A Utah Corporation; Wood Springs, Llc, A Utah Limited Liability Company; Pheasant Meadows, Llc, A Utah Lirnited Liability Company; Krjstin 1\1ackey, An Individual; Dean Mackey, An Individual; And Does 1- 10, Defendants/ Appellee., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appenl from the Final Judgment of the Fourth District Court, Utah County, Provo Division, The Honorr..ble Judge Lynn W. Davis

Is Originalism Our Law?, William Baude

Public Law and Legal Theory Working Papers

No abstract provided.

Michael J. Van Leeuwen, Plaintiff And Appellant, Vs. Bank Of America, N. A., Et Al. Defendants And Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the Third District Court, Salt Lake County, Judge Laura S. Scott

Are Legal Restrictions On Disparaging Personal Names Unconstitutional? In Re The Slants, Laura A. Heymann, Eric Goldman

Popular Media

No abstract provided.

Which Came First, People Or Pollution? A Review Of Theory And Evidence From Longitudinal Environmental Justice Studies, Paul Mohai, Robin Saha

Environmental Studies Faculty Publications

A considerable number of quantitative analyses have been conducted in the past several decades that demonstrate the existence of racial and socioeconomic disparities in the distribution of a wide variety of environmental hazards. The vast majority of these have been cross-sectional, snapshot studies employing data on hazardous facilities and population characteristics at only one point in time. Although some limited hypotheses can be tested with cross-sectional data, fully understanding how present-day disparities come about requires longitudinal analyses that examine the demographic characteristics of sites at the time of facility siting and track demographic changes after siting. Relatively few such studies …

Tim Carson, Petitioner/Appellee, V. Tom Barnes, Respondent/Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

This is a Direct Appeal from a Civil Stalking Injunction entered in the Third Judicial District Court in and for Tooele County, State of Utah, the Honorable Robert Adkins, presiding

The Interactive Dynamics Of Transnational Business Governance: A Challenge For Transnational Legal Theory, Stepan Wood, Kenneth W. Abbott, Julia Black, Burkard Eberlein, Errol E. Meidinger

Journal Articles

Conflict, convergence, cooperation, competition and other interactions among governance actors and institutions have long fascinated scholars of transnational law, yet transnational legal theorists’ accounts of such interactions are for the most part tentative, incomplete and unsystematic. Having elsewhere proposed an overarching conceptual framework for the study of transnational business governance interactions (TBGI), in this article we propose criteria for middle-range theory-building. We argue that a portfolio of theoretical perspectives on transnational governance interactions should account for the multiplicity of interacting entities and scales of interaction; the co-evolution of social agency and structure; the multiple components of regulatory governance; the role …

Newsroom: Logan On Volkswagen Emissions, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

The State Of Utah, Plaintiff/ Appel Lee, V. Douglas Ewald Isaacson, Defendant/ Appellant., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

An appeal from a judgment of conviction for one count of carrying a loaded concealed dat1gerous weapon, a class A misdemeanor, in violation of Utah Code section 76-L0-504(2), in the Third Judicial District, Salt Lake County, Utah, the Honorable Judge Willi.am Kendall presiding.