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2017

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Articles 1 - 30 of 14138

Full-Text Articles in Law

North Korean Illicit Activities And Sanctions: A National Security Dilemma, Bruce E. Bechtol Jr. Dec 2017

North Korean Illicit Activities And Sanctions: A National Security Dilemma, Bruce E. Bechtol Jr.

Cornell International Law Journal

North Korea is a nation-state that for many years (including the years following the Cold War) has been off of the main radar for American foreign policy. Whether it was because the United States was worried about other issues such as problems in the Balkans in the 1990s, or fighting wars in Iraq and Afghanistan in the new millennium, challenges from the DPRK never seemed to be at the top of the priorities list with American foreign policy makers. This has now changed. It has become obvious to the world that North Korea has an active nuclear weapons program, and ...


The Race Against The Clock: A New Bill Providing Hope For Children Fighting The Ultimate Battle, Nicholas M. Fiorello Dec 2017

The Race Against The Clock: A New Bill Providing Hope For Children Fighting The Ultimate Battle, Nicholas M. Fiorello

Nova Law Review

Roughly forty-three children are diagnosed with cancer daily.. Approximately 1190 children are expected to die from pediatric cancer this year in the United States alone—as the disease is the leading cause of death in children and adolescents, ages 1U14, in the country.


Eyewitness Identification Performance On Showups Improves With An Additional-Opportunities Instruction: Evidence For Present–Absent Criteria Discrepancy, Andrew M. Smith, Gary L. Wells, R. C. L. Lindsay, Tiffany Myerson Dec 2017

Eyewitness Identification Performance On Showups Improves With An Additional-Opportunities Instruction: Evidence For Present–Absent Criteria Discrepancy, Andrew M. Smith, Gary L. Wells, R. C. L. Lindsay, Tiffany Myerson

Psychology Publications

We tested the proposition that when eyewitnesses find it difficult to recognize a suspect (as in a culprit-absent showup), eyewitnesses accept a weaker match to memory for making an identification. We tie this proposition to the basic recognition memory literature, which shows people use lower decision criteria when recognition is made difficult so as to not miss their chance of getting a hit on the target. We randomly assigned participant–witnesses (N = 610) to a condition in which they were told that if they did not believe the suspect was the culprit, they would have additional opportunities to make an ...


Are Publication And Citation Counts Reliable Indicators Of Research Productivity Or Impact?, Sean Rehaag Dec 2017

Are Publication And Citation Counts Reliable Indicators Of Research Productivity Or Impact?, Sean Rehaag

Articles & Book Chapters

Universities are increasingly using metrics such as publication and citation counts to measure faculty research productivity and impact, and to compare productivity and impact across departments and institutions. Canadian law schools are facing pressure to adopt similar metrics. In this article the author argues that publication and citation counts are not reliable indicators of research productivity or impact.


Environment, States, And International Organizations: The Role Of Global Environmental Conventions In Protecting The Environment, Natalia Escobar Pemberthy Dec 2017

Environment, States, And International Organizations: The Role Of Global Environmental Conventions In Protecting The Environment, Natalia Escobar Pemberthy

Graduate Doctoral Dissertations

Global environmental conventions are created to address and resolve global environmental problems. Assessments of the achievement of specific environmental goals, however, indicate that there is room for progress and that stronger collective action is required. Given that there are no empirical instruments to measure implementation and to determine the factors behind individual countries’ results, challenges emerge that require the expansion of existing analytical frameworks around environmental conventions and their role as global governance instruments. This study develops an empirical instrument – the Environmental Conventions Index – to assess the implementation of global environmental conventions, determining the main trends for both countries and ...


State Of Utah, Plaintiff/Appellee, V. Scott Alan Rasmussen Defendant/Appellant : Brief Of Appellant, Utah Court Of Appeals Dec 2017

State Of Utah, Plaintiff/Appellee, V. Scott Alan Rasmussen Defendant/Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

Brief of Appellant

Appeal from a conviction for one count of tax evasion, a
second degree felony, and three counts of failure to render a
tax return, a third degree felony, all in violation of Utah
Code Ann. 76-8-1101, in the Third Judicial District, Salt
Lake County, the Honorable Roger S. Dutson presiding.
Appellant is incarcerated.

ORAL ARGUMENT REQUESTED


Thomas G. Martin, M.D., Plaintiff-Appellant, V. The University Of Utah; The University Of Utah College Of Pharmacy; The Utah Poison Control Center; Barbara Crouch; In Her Official And Individual Capacities; Diana Brixner, In Her Official And Individual Capacities; Erik Barton, In His Official And Individual Capacities; Stephen Hartsell, In His Individual And Official Capacities; Samuel Finlayson, In His Official And Individual Capacities; Heidi Thompson, In Her Official And Individual Capacities; Paula Peacock, In Her Official And Individual Capacities, And Does 1-10, In Their Official And Individual Capacities. Defendants-Appellees : Brief Of Appellant, Utah Court Of Appeals Dec 2017

Thomas G. Martin, M.D., Plaintiff-Appellant, V. The University Of Utah; The University Of Utah College Of Pharmacy; The Utah Poison Control Center; Barbara Crouch; In Her Official And Individual Capacities; Diana Brixner, In Her Official And Individual Capacities; Erik Barton, In His Official And Individual Capacities; Stephen Hartsell, In His Individual And Official Capacities; Samuel Finlayson, In His Official And Individual Capacities; Heidi Thompson, In Her Official And Individual Capacities; Paula Peacock, In Her Official And Individual Capacities, And Does 1-10, In Their Official And Individual Capacities. Defendants-Appellees : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

BRIEF OF APPELLANT

Appeal from the Third Judicial District Court
In and for Salt Lake County, State of Utah
The Honorable Andrew H. Stone

ORAL ARGUMENT REQUESTED


The State Of Utah, Plaintiff/Appellee, V. Jeremy Bowden, Defendant/Appellant : Brief Of Appellant, Utah Court Of Appeals Dec 2017

The State Of Utah, Plaintiff/Appellee, V. Jeremy Bowden, Defendant/Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

BRIEF OF APPELLANT

Appeal from a judgment of conviction for one count of Attempted
Aggravated Murder, a first degree felony, in violation of Utah Code 76-5-202,
one count of Receiving or Transferring Stolen Motor Vehicle, Trailer, or
Semitrailer, a second degree felony, in violation of Utah Code 41-1a-1316, one
count of Obstructing Justice, a second degree felony, in violation of Utah Code
76-8-306(1), four counts of Felony Discharge of a Firearm, a third degree felony,
in violation of 76-10-508.1, and one count of Fail to Stop at Command of Law
Officer, a class A misdemeanor, in violation of ...


Kathy Engle, Petitioner/Appellant V. Wende M. Throne, Respondent Judy Engle, Petitioner Eldean Roy Engle, Petitioner Britta Lynn Wilcken, Petitioner Alexa Thayer, Petitioner And Bullock Law Firm, Former Counsel To The Estate Appellees : Brief Of Appellant, Utah Court Of Appeals Dec 2017

Kathy Engle, Petitioner/Appellant V. Wende M. Throne, Respondent Judy Engle, Petitioner Eldean Roy Engle, Petitioner Britta Lynn Wilcken, Petitioner Alexa Thayer, Petitioner And Bullock Law Firm, Former Counsel To The Estate Appellees : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

BRIEF OF APPELLANT

PUBLIC

In the Matter of the Estate of Homer Engle

Appeal from the Third Judicial District Court, Salt Lake County, Utah,
from Probate, before the Honorable Judge Keith Kelly, District Court Judge
Case No. 103901948


Heartwood Home Health & Hospice, Llc,, Plaintiff/Appellant, V. Rita Huber, And Glenna Molyneux, Defendants/Appellees : Brief Of Appellee, Utah Court Of Appeals Dec 2017

Heartwood Home Health & Hospice, Llc,, Plaintiff/Appellant, V. Rita Huber, And Glenna Molyneux, Defendants/Appellees : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

APPELLEES' BRIEF

Appeal from the Third District Court, Salt Lake County from orders entered
by the Honorable John Paul Kennedy.


Gold's Gym International, Inc., Appellant, V. Clark Chamberlain And Brent Statham Vince Engle, Appellees : Brief Of Appellant, Utah Supreme Court Dec 2017

Gold's Gym International, Inc., Appellant, V. Clark Chamberlain And Brent Statham Vince Engle, Appellees : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

GOLD'S GYM INTERNATIONAL
INC.'S SUPPLEMENTAL BRIEF

On Appeal from the Third Judicial District Court for Salt Lake County, State of
Utah Civil No. 090919785, Honorable T. M. SHAUGHNESSY


Kathy Engle, Appellant, V. Wende Throne, Special Administrator And Trustee, Judy Engle, Eldean Roy Engle, Britta Lynn Wilcken, Alexa Thayer, And Bullock Law Firm, Appellees : Brief Of Appellee, Utah Court Of Appeals Dec 2017

Kathy Engle, Appellant, V. Wende Throne, Special Administrator And Trustee, Judy Engle, Eldean Roy Engle, Britta Lynn Wilcken, Alexa Thayer, And Bullock Law Firm, Appellees : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

Brief of Appellee Wende Throne

*REDACTED PUBLIC RECORD*

In the Matter of the Estate of Homer Engle, deceased.

Appeal from April 12, 2017 Order Closing Probate Based on Court's Findings,
Conclusions, and Order Filed on April 7, 2017, in the Third Judicial District,
Salt Lake County, the Honorable Keith Kelly presiding.


State Of Utah, Plaintiff/Petitioner, V. Tracy Scott, Defendant/Respondent : Brief Of Appellee, Utah Supreme Court Dec 2017

State Of Utah, Plaintiff/Petitioner, V. Tracy Scott, Defendant/Respondent : Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

BRIEF OF RESPONDENT

CERTIORARI REVIEW ON A DECISION OF THE UTAH COURT OF APPEALS
FROM AN APPEAL FROM THE FOURTH DISTRICT COURT, UTAH COUNTY,
FOR A CONVICTION OF MURDER, FIRST DEGREE FELONY, BEFORE THE
HONORABLE DAVID MORTENSEN

ORAL ARGUMENT REQUESTED

Appellant is currently incarcerated on this case


In The Matters Of The Name And Sex/Gender Change Of: Sean W. Childers-Gray, F.K.A. Jenny Pace, Appellant, And Angie Rice, F.K.A. Arthur Edward Rice, Appellant : Brief Of Appellant, Utah Supreme Court Dec 2017

In The Matters Of The Name And Sex/Gender Change Of: Sean W. Childers-Gray, F.K.A. Jenny Pace, Appellant, And Angie Rice, F.K.A. Arthur Edward Rice, Appellant : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

BRIEF OF APPELLANTS

On appeal from the Second Judicial District Court,
Honorable Noel S. Hyde, District Court Nos. 163900359 and 163500015


Thomas D. Martin, M.D., Plaintiff-Appellant, V. University Of Utah, Et Al., Defendants-Appellees : Brief Of Appellee, Utah Court Of Appeals Dec 2017

Thomas D. Martin, M.D., Plaintiff-Appellant, V. University Of Utah, Et Al., Defendants-Appellees : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

APPELLEES' RESPONSE BRIEF

On appeal from a final judgment of the Third Judicial District Court,
Salt Lake County, State of Utah, Case No. 160906038,
the Honorable Andrew H. Stone presiding.

ORAL ARGUMENT NOT REQUESTED


Labor Commission Plaintiff-Appellant, V. Derek Price, Defendant-Appellee : Reply Brief, Utah Court Of Appeals Dec 2017

Labor Commission Plaintiff-Appellant, V. Derek Price, Defendant-Appellee : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

LABOR COMMISSION'S REPLY BRIEF AS APPELLANT AND
RESPONSE BRIEF AS CROSS-APPELLEE

Appeal from the Final Order of the Third Judicial District Court in
and for Salt Lake County, Honorable Su J. Chon
No. 126918635


Mary Ellen Robertson Petitioner/Appellee, V. Michael Stevens Respondent/Appellant : Brief Of Appellant, Utah Court Of Appeals Dec 2017

Mary Ellen Robertson Petitioner/Appellee, V. Michael Stevens Respondent/Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

BRIEF OF APPELLANT

ORAL ARGUMENT REQUESTED

On appeal from:
The Honorable Ernie W. Jones
Second Judicial District Court
District Court No. 154901439


Kathy Engle, Petitioner/Appellant V. Wende M. Throne, Respondent Judy Engle, Petitioner Eldean Roy Engle, Petitioner Britta Lynn Wilcken, Petitioner Alexa Thayer, Petitioner And Bullock Law Firm, Former Counsel To The Estate Appellees : Brief Of Appellee, Utah Court Of Appeals Dec 2017

Kathy Engle, Petitioner/Appellant V. Wende M. Throne, Respondent Judy Engle, Petitioner Eldean Roy Engle, Petitioner Britta Lynn Wilcken, Petitioner Alexa Thayer, Petitioner And Bullock Law Firm, Former Counsel To The Estate Appellees : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

BRIEF OF APPELLEE, JUDY ENGLE

PUBLIC

In the Matter of the Estate of Homer Engle

Appeal from the Third Judicial District Court, Salt Lake County, Utah,
from Probate, before the Honorable Judge Keith Kelly, District Court Judge
Case No. 103901948


Michael Stevens, Appellant, V. Mary Ellen Robertson, Appellee : Brief Of Appellee, Utah Court Of Appeals Dec 2017

Michael Stevens, Appellant, V. Mary Ellen Robertson, Appellee : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

APPELLEE'S BRIEF

Appeal from the State of Utah Second District Court
The Honorable Ernest W. Jones
Weber County, Ogden Division

Oral Argument Requested


Ohio's Modern Courts Amendment Must Be Amended: Why And How, Richard S. Walinski, Mark D. Wagoner Jr. Dec 2017

Ohio's Modern Courts Amendment Must Be Amended: Why And How, Richard S. Walinski, Mark D. Wagoner Jr.

Cleveland State Law Review

A 1968 amendment to the Ohio Constitution granted the Supreme Court of Ohio the authority to promulgate “rules governing practice and procedure” for Ohio courts. The amendment also provided that “[a]ll laws in conflict with such rules shall be of no further force or effect after such rules have taken effect” and that no rule may “abridge, enlarge, or modify any substantive right.”

Although the amendment was explicit about automatic repeal of existing laws, it says nothing about whether the General Assembly may legislate on a procedural matter after a court rule takes effect. That silence has caused enduring ...


Stuck In Ohio's Legal Limbo, How Many Mistrials Are Too Many Mistrials?: Exploring New Factors That Help A Trial Judge In Ohio Know Whether To Exercise Her Authority To Dismiss An Indictment With Prejudice, Especially Following Repeated Hung Juries, Samantha M. Cira Dec 2017

Stuck In Ohio's Legal Limbo, How Many Mistrials Are Too Many Mistrials?: Exploring New Factors That Help A Trial Judge In Ohio Know Whether To Exercise Her Authority To Dismiss An Indictment With Prejudice, Especially Following Repeated Hung Juries, Samantha M. Cira

Cleveland State Law Review

Multiple mistrials following validly-prosecuted trials are becoming an increasingly harsh reality in today’s criminal justice system. Currently, the Ohio Supreme Court has not provided any guidelines to help its trial judges know when to make the crucial decision to dismiss an indictment with prejudice following a string of properly-declared mistrials, especially due to repeated hung juries. Despite multiple mistrials that continue to result in no conviction, criminal defendants often languish behind bars, suffering detrimental psychological harm and a loss of personal freedom as they remain in “legal limbo” waiting to retry their case. Furthermore, continuously retrying defendants cuts against ...


The "P" Word: Ohio Should Adopt The Uniform Premarital Agreements Act To Achieve Consistency And Uniformity In The Treatment Of Prenuptial Agreements, Jenna Christine Colucci Dec 2017

The "P" Word: Ohio Should Adopt The Uniform Premarital Agreements Act To Achieve Consistency And Uniformity In The Treatment Of Prenuptial Agreements, Jenna Christine Colucci

Cleveland State Law Review

Throughout the United States, courts have used inconsistent standards for the interpretation of prenuptial agreements. Under Ohio jurisprudence, courts are concerned with protecting the vulnerable spouse or the economically disadvantaged party. This legal standard acknowledges the unique relationship of the parties to the contract and will generally review the procedural and substantive components of the prenuptial agreement. Conversely, other courts are weary of interfering with the contractual freedom of the parties and will only invalidate a prenuptial agreement upon a showing of fraud, duress, or misrepresentation. The Uniform Premarital Agreement Act was drafted in 1983 to address the inconsistent treatment ...


Table Of Contents, Cleveland State Law Review Dec 2017

Table Of Contents, Cleveland State Law Review

Cleveland State Law Review

No abstract provided.


Editorial Dec 2017

Editorial

Journal of Civil Law Studies

No abstract provided.


Louis Victor De La Vergne (1938-2017), Agustín Parise Dec 2017

Louis Victor De La Vergne (1938-2017), Agustín Parise

Journal of Civil Law Studies

No abstract provided.


Notarial Acts As Written Evidence: Towards A Convergence Between Civil Law And Common Law Systems, Angelo Chianale Dec 2017

Notarial Acts As Written Evidence: Towards A Convergence Between Civil Law And Common Law Systems, Angelo Chianale

Journal of Civil Law Studies

This article studies the contrast between civil and common law systems regarding the significance of the notarial act. According to conventional scholarship, in the former, civil procedure requires written evidence and the notarial act is the strongest kind of evidence. In the latter, however, civil procedure requires oral evidence and the notarial act has no specific relevance. This article examines the extent of these two main principles: a) in civil law systems the notarial act is full evidence of the extrinsic and a document can be challenged only with an action for falsity; and b) in common law systems the ...


Social Obligations Of Land Rights On Chinese Collective-Owned Land, Zhe Huang Dec 2017

Social Obligations Of Land Rights On Chinese Collective-Owned Land, Zhe Huang

Journal of Civil Law Studies

This article critically examines social obligations on Chinese collective-owned land. Current social responsibilities on Chinese collective-owned land are inadequate, ineffective, and distorted. Rural property right holders do not owe sufficient social burdens to society. As rural land regulators, rural collectives should have the authority to regulate and manage agricultural land use. Because of the vague and weak identity of rural collectives, collectives have limited authority and resources in restricting and regulating rural land use rights. As rural landowners, collectives violate their social responsibilities by misusing agricultural land and harming society. This article argues that for agricultural land, where physical characteristics ...


France - The French Reform Of Contract Law: The Art Of Redoing Without Undoing, Mustapha Mekki Dec 2017

France - The French Reform Of Contract Law: The Art Of Redoing Without Undoing, Mustapha Mekki

Journal of Civil Law Studies

No abstract provided.


The Interaction Of Good Faith With Contract Performance, Dissolution, And Damages In The Louisiana Supreme Court, Jumoke Dara, Olivier Moréteau Dec 2017

The Interaction Of Good Faith With Contract Performance, Dissolution, And Damages In The Louisiana Supreme Court, Jumoke Dara, Olivier Moréteau

Journal of Civil Law Studies

No abstract provided.


Evelyn L. Wilson, The Justices Of The Supreme Court Of Louisiana 1865-1880, Georgia Chadwick Dec 2017

Evelyn L. Wilson, The Justices Of The Supreme Court Of Louisiana 1865-1880, Georgia Chadwick

Journal of Civil Law Studies

No abstract provided.