Law Commons^™

Evan Johnson, Objector And Appellant. Vs. Kent L. Jones, State Engineer, State Engineer And Appellee, And Provo River Water Users Association, Metropolitan Water District Of Salt Lake & Sandy, Utah Lake Distributing Company, Central Utah Water Conservancy District, And The United States Of America, Affected Parties And Appellees. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

IN THE MATTER OF THE GENERAL
DETERMINATION OF THE RIGHTS TO
THE USE OF WATER, BOTH SURFACE
AND UNDERGROUND WITHIN THE
DRAINAGE AREA OF THE UTAH
LAKE AND JORDAN RIVER IN UTAH,
SALT LAKE, DAVIS, SUMMIT,
WASATCH, SANPETE AND JUAB
COUNTIES.

BRIEF OF APPELLEE UTAH STATE ENGINEER

Appeal from the Order Granting Motion for Summary Judgment of
Objection filed by Evan Johnson of the
Third Judicial District Court, Salt Lake County,
Honorable Laura Scott, Civil No. 360057298

Quintavalle: The Quandary In Bioethics, Lisa Cherkassky

Journal of Law and Health

The case of R. (Quintavalle) v. Human Fertilisation Embryology Authority (and Secretary of State for Health) presents a handful of legal problems. The biggest legal query to arise from the case is the inevitable harvest of babies, toddlers and very young children for their bone marrow. This article unpacks the judicial story behind Quintavalle to reveal how the strict provisions of the Human Fertilisation and Embryology Act 1990 - namely ‘suitable condition’ under schedule 2 paragraph 1(1)(a) and ‘treatment services’ and ‘assisting’ under section 2(1) - were widely misinterpreted to introduce the social selection of embryos into law. The legal …

Healer, Witness, Or Double Agent? Reexamining The Ethics Of Forensic Psychiatry, Matthew U. Scherer

Journal of Law and Health

In recent years, psychiatrists have become ever more prevalent in American courtrooms. Consequently, the issue of when the usual rules of medical ethics should apply to forensic psychiatric encounters has taken on increased importance and is a continuing topic of discussion among both legal and medical scholars. A number of approaches to the problem of forensic psychiatric ethics have been proposed, but none adequately addresses the issues that arise when a forensic encounter develops therapeutic characteristics. This article looks to the rules governing the lawyer-client relationship as a model for a new approach to forensic psychiatric ethics. This new model …

Mending Invisible Wounds: The Efficacy And Legality Of Mdma-Assisted Psychotherapy In United States' Veterans Suffering With Post-Traumatic Stress Disorder, Jonathan Perry

Journal of Law and Health

Though Veteran Affairs has provided crucial life sustaining—and often lifesaving—treatments to returning soldiers, the substantial and ever-increasing rates of veteran suicides, drug addictions, and criminal behavior indicate a need for broader options in treatment. One of the most profound discoveries uncovered through MDMA-assisted psychotherapy research is MDMA’s facilitation of the alleviation of addictive behavior in subjects, and, as a result, an alleviation of addictions in general. Addiction is one of the key symptoms of post-traumatic stress disorder (PTSD) and drug abuse plays a large role in the other afflictions suffered by veterans, namely criminal activity and a high rate of …

Funding Long-Term Services And Supports (Ltss) For Working Aged Disabled Americans, Helen L. Rapp

Journal of Law and Health

There are a multitude of dilemmas faced today by over 3 million significantly disabled Americans, many of whom depend on Medicaid for Long-Term Services and Supports (LTSS) in obtaining the services they need to simply live. While the landmark 1990 Americans with Disabilities Act (ADA) has done a lot to improve the lives of people with disabilities, the reality is that using Medicaid as the vehicle for funding LTSS places unreasonable restrictions on disabled people who want to live independent lives and be as successful as possible.

The Federal Government must change funding for LTSS in order to provide disabled …

Beps And The New International Tax Order, Allison Christians

BYU Law Review

Nations across the world are currently engaged in a coordinated international effort, ostensibly to curb excessive tax avoidance by the world’s biggest multinational companies. This Article contends, however, that the most likely impact will be to entrench a monopoly held by a small number of rich countries over the policymaking processes that created the tax avoidance problem to begin with. To examine this contention and probe possible solutions to it, the Article considers the legal and institutional components of the coordination project, by situating them historically and analyzing their multi-functionality as both norm diffusion and institutional reinforcement mechanisms. The Article …

Competitiveness, Tax Base Erosion, And The Essential Dilemma Of Corporate Tax Reform, Kimberly A. Clausing

BYU Law Review

Label contradicts reality for the U.S. international corporate tax system. The U.S. system is typically labeled as a worldwide tax system with a statutory rate of 35%, both uncommon features among our trading partners. Yet these markers of the U.S. tax system do not accurately describe reality, where multinational firms routinely face far lower effective tax rates and little, if any, tax is collected on foreign income. Understanding this discrepancy between label and reality is essential to evaluate recent policy debates surrounding corporate inversions and the competitiveness of the U.S. international tax system. Although there is an essential policy tradeoff …

Inversions, Related Party Expenditures, And Source Taxation: Changing The Paradigm For The Taxation Of Foreign And Foreign-Owned Businesses, Julie A. Roin

BYU Law Review

The disconnect between the rules for the taxation of domestic businesses and foreign and foreign-owned businesses operating in the United States both diminishes the federal treasury and distorts taxpayer and business behavior. Yet bringing the sets of rules into closer coordination is no simple task. This Article examines many of the solutions proffered in the academic literature and details the difficulties and trade-offs that each entails.

Is The Internet Rotting Oklahoma Law?, Lee F. Peoples

Tulsa Law Review

No abstract provided.

The Pride Of The Common Law: Oklahoma's Struggle With The Prima Facie Tort Action, Matthew C. Kane, Ivan L. London

Tulsa Law Review

No abstract provided.

Waters Of The United States, Roni A. Elias

Tulsa Law Review

No abstract provided.

Table Of Contents

Tulsa Law Review

No abstract provided.

Faculty List

Tulsa Law Review

No abstract provided.

Introduction, Angela Olivia Burton

City University of New York Law Review

No abstract provided.

Front Matter

City University of New York Law Review

No abstract provided.

However Kindly Intentioned: Structural Racism And Volunteer Casa Programs, Amy Mulzer, Tara Urs

City University of New York Law Review

No abstract provided.

Safeguarding The Rights Of Parents With Intellectual Disabilities In Child Welfare Cases: The Convergence Of Social Science And Law, Robyn M. Powell

City University of New York Law Review

No abstract provided.

Ambivalence About Parenting: An Overview For Lawyers Representing Parents In Child Welfare Proceedings, Lisa Beneventano, Colleen Manwell

City University of New York Law Review

No abstract provided.

Family Defense And The Disappearing Problem-Solving Court, Jane M. Spinak

City University of New York Law Review

No abstract provided.

Biodiversity Beyond National Jurisdiction: Current Debate And Indonesia's Interest, Gulardi Nurbintoro, Haryo Budi Nugroho

Indonesia Law Review

The drafters of the 1982 UN Convention on the Law of the Sea (UNCLOS) have left behind a lacunae in terms of the regulations concerning Biodiversity in the Areas Beyond National Jurisdiction (BBNJ). As living organisms are found in the deep seabed in areas beyond national jurisdiction, as well as the utilization of marine genetic resources beyond national jurisdiction for commercial purposes, States are currently deliberating on the proper regime in dealing with the management and exploitation of the biodiversity. Some States argue that Part XI UNCLOS applies hence BBNJ is also part of the Common Heritage of Mankind. On …

The Effectiveness Of National Collective Management Organization Regulation, Agus Sardjono, Brian Amy Prastyo, Derezka G. Larasati

Indonesia Law Review

Law Number 28 of 2014 concerning Copyright in Article 89 provides for two National Collective Management Organizations (briefly referred to as LMKN), both of which represent the interests of Authors and the Owners of Related Rights. Both of the said organizations possess the authority to impose, collect, and distribute royalty obtained from commercial users. The Minister of Law and Human Rights inaugurated commissioners assigned to the said Authors’ LMKN and Related Rights LMKN. The LMKN is bound to have an operational effect on previously existing LMKs in Indonesia. Therefore, the objective of this study is to assess whether the existing …

R&D Tax Incentives--Growth Panacea Or Budget Trojan Horse?, Stephen E. Shay, J. Clifton Fleming Jr., Robert J. Peroni

Faculty Scholarship

No abstract provided.

Outfront Media, Llc, Fka Cbs Outdoor, Plaintiff And Appellant, V. Salt Lake City Corporation; Corner Property, L.C., And Utah Outdoor Advertising, Inc., Defendants And Appellees., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

No abstract provided.

Enervest, Ltd., Appellant, V. Utah State Engineer, And Michael Carlson, Appellees, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

On Appeal from the Eighth Judicial District Court, Honorable Samuel P. Chiara, No. 560800056

State Of Utah, Plaintiff/Appellee, V. Christopher Kim Leech, Defendant/Appellant. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

Brief of Appellee

Appeal from convictions for one count of aggravated murder,
two counts of aggravated kidnapping, two counts of
aggravated robbery, and one count of obstructing justice, all
first degree felonies, in the Third Judicial District, Salt Lake
County, the Honorable Randall N. Skanchy presiding

Oral Argument Requested

State Of Utah, Plaintiff/Appellee, V. Cullen Christopher Carrick, Defendant/Appellant. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

SUPPLEMENTAL BRIEF OF APPELLANT

Pursuant to the Order of the Utah Court of Appeals dated May 24, 2019, to provide
supplemental briefing on "the passcode to the garage" issue on Rule 23B remand

ORAL ARGUMENT REQUESTED

In The Matter Of Evan O. Koller, An Incapacitated Person. : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

REPLY BRIEF OF APPELLANT KATHRYN PROUNIS

Appeal from a Final Decision by the First Judicial Distric Court, Cache County, Logan,
District, State Of Utah, Judge Brandon Maynard, Presiding -- Civil No. 073100106

Phillip Grimm, An Individual, Plaintiff-Appellee, V. Dxna Llc, A Delaware Limited Liability Company, Defendant-Appellant. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

BRIEF OF APPELLEE AND CROSS-APPELLANT PHILLIP GRIMM

On Appeal from the Fifth Judicial District Court of Washington County,
Honorable Pamela G. Heffernan

National Title Agency, Llc, And William D. Rowley, Plaintiffs/Appellants, Vs. Jpmorgan Chase Bank, National Association, Defendant/Appellee. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

BRIEF OF THE APPELLEE

Appeal from the Third Judicial District Court, Salt Lake County, State of Utah
The Honorable Todd M. Shaughnessy

National Title Agency, Llc, A Utah Limited Liability Company; William D. Rowley, An Individual, Plaintiffs/Appellants, Vs. Jp Morgan Chase Bank, National Association, A Delaware Corporation, Defendant/Appellee. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

BRIEF OF APPELLANTS

Appeal from the Third District Court, Salt Lake County, from an Order Granting a
Motion to Dismiss and Denying a Motion to Amend Before Honorable Todd M.
Shaughnessy