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2018

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Full-Text Articles in Law

California Divided: The Restrictions And Vulnerabilities In Implementing Sb 54, 26 Asian Am. L.J. ___ (Forthcoming In 2019)., Nicholas Pavlovic, Jerome Ma Dec 2018

California Divided: The Restrictions And Vulnerabilities In Implementing Sb 54, 26 Asian Am. L.J. ___ (Forthcoming In 2019)., Nicholas Pavlovic, Jerome Ma

Immigration Law & Policy Practicum Projects

United States Immigration and Customs Enforcement (“ICE”) significantly relies on state and local personnel and resources to carry out enforcement of immigration law. California Senate Bill 54 (“SB 54”), the “California Values Act,” is California’s attempt to disentangle local law enforcement from federal civil immigration enforcement.

This Article offers an in-depth evaluation of SB 54’s mechanics; identifies vulnerabilities that exist despite SB 54 and potential means for law enforcement agencies (“LEAs”) to combat these issues; and comments on how local individual LEAs and the California Department of Corrections and Rehabilitation have chosen to exercise the discretion to comply (or not …


Accessing Accountability: Exploring Criminal Prosecution Of Male Guards For Sexually Assaulting Female Inmates In U.S. Prisons, Elana M. Stern Dec 2018

Accessing Accountability: Exploring Criminal Prosecution Of Male Guards For Sexually Assaulting Female Inmates In U.S. Prisons, Elana M. Stern

University of Pennsylvania Law Review

No abstract provided.


Reflections On The Christchurch Massacre: Incorporating A Critique Of Islamophobia And Twail, Cyra Akila Choudhury Dec 2018

Reflections On The Christchurch Massacre: Incorporating A Critique Of Islamophobia And Twail, Cyra Akila Choudhury

Faculty Publications

On March 15, 2019 in Christchurch, New Zealand, a white supremacist entered a mosque full of worshippers and gunned down over 50 people. He was welcomed into the house of worship as Muslim immigrants and converts were about to start their Friday prayers. News of the attack spread quickly across the globe. Social media news feeds and online sources provided near-instantaneous updates. There were calls to prioritize the lives and stories of the victims and survivors. Although there were calls not to glorify or even humanize the shooter, people understandably professed interest in his writings and his motivation. Once it …


State Of Utah, Plaintiff/Petitioner, V. Calvin Paul Stewart, Defendant/Respondent : Reply Brief, Utah Supreme Court Dec 2018

State Of Utah, Plaintiff/Petitioner, V. Calvin Paul Stewart, Defendant/Respondent : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

Reply Brief of Petitioner

On Writ of Certiorari to the Utah Court of Appeals


In Re: Mary Doe And Jane Doe, Petitioners : Brief, Utah Supreme Court Dec 2018

In Re: Mary Doe And Jane Doe, Petitioners : Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

BRIEF OF AMICUS CURIAE PARR BROWN GEE & LOVELESS, P.C.
IN SUPPORT OF PETITIONERS


Salt Lake County, Duchesne County, Uintah County, Washington County, And Weber County, Political Subdivisions Of The State Of Utah, Plaintiffs-Appellants, V. State Of Utah, Delta Air Lines, Inc. And Skywest Airlines, Inc., Defendants-Appellees : Brief Of Appellee, Utah Supreme Court Dec 2018

Salt Lake County, Duchesne County, Uintah County, Washington County, And Weber County, Political Subdivisions Of The State Of Utah, Plaintiffs-Appellants, V. State Of Utah, Delta Air Lines, Inc. And Skywest Airlines, Inc., Defendants-Appellees : Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

Supplemental Brief of Appellee State of Utah

On appeal from the Third Judicial District Court
Judge Kara Pettit, District Court No. 170904525


Salt Lake County, Duchesne County, Uintah County, Washington County, And Weber County, Political Subdivisions Of The State Of Utah, Plaintiffs-Appellants, V. State Of Utah, Delta Air Lines, Inc. And Skywest Airlines, Inc., Defendants-Appellees : Reply Brief, Utah Supreme Court Dec 2018

Salt Lake County, Duchesne County, Uintah County, Washington County, And Weber County, Political Subdivisions Of The State Of Utah, Plaintiffs-Appellants, V. State Of Utah, Delta Air Lines, Inc. And Skywest Airlines, Inc., Defendants-Appellees : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

Supplemental Reply Brief of Appellee State of Utah

On appeal from the Third Judicial District Court
Judge Kara Pettit, District Court No. 170904525


In Re: Mary Doe And Jane Doe, Petitioners : Brief, Utah Supreme Court Dec 2018

In Re: Mary Doe And Jane Doe, Petitioners : Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

BRIEF OF AMICUS CURIAE UTAH LEGISLATURE

PUBLIC


The Inaugural Brooklyn Lecture On International Business Law: “Isds: The Wild, Wild West Of International Practice”, George Kahale Iii Dec 2018

The Inaugural Brooklyn Lecture On International Business Law: “Isds: The Wild, Wild West Of International Practice”, George Kahale Iii

Brooklyn Journal of International Law

The lecture was delivered on April 3, 2018 at Brooklyn Law School and was sponsored by the Dennis J. Block Center for the Study of International Business Law and the Brooklyn Journal of International Law.


Rethinking Isds, George Kahale Iii Dec 2018

Rethinking Isds, George Kahale Iii

Brooklyn Journal of International Law

The author is Chairman of Curtis, Mallet-Prevost, Colt & Mosle LLP and has acted as lead counsel for respondent states in many investor-state arbitrations, including several of the cases referred to herein. His article won the 2019 Burton Award for Distinguished Legal Writing.


Against Aviation Orthodoxy: India's Foreign Investment Regime For The Airline Industry, Jae Woon Lee, Umakanth Varottil Dec 2018

Against Aviation Orthodoxy: India's Foreign Investment Regime For The Airline Industry, Jae Woon Lee, Umakanth Varottil

Brooklyn Journal of International Law

The foreign investment regime governing the airline industry has been the subject matter of considerable debate. Our goal in this article is to supplement the literature by embarking on an analysis of the foreign investment regime in India and to cautiously suggest that India’s new regulatory reforms could be a harbinger for other states. A study of the foreign investment regime in the airline industry in India is both interesting and timely, for at least two reasons. First, India has nearly everything that bodes well for the growth of an aviation market, and it is one of the fastest growing …


The Price Is Rights: Getting The United Arab Emirates Up To International Speed In The Labor Law Department, Janae C. Cummings Dec 2018

The Price Is Rights: Getting The United Arab Emirates Up To International Speed In The Labor Law Department, Janae C. Cummings

Brooklyn Journal of International Law

Despite a rapidly growing economy and a tremendous accumulation of wealth, the United Arab Emirates has facilitated many human rights abuses against migrant workers from impoverished countries throughout the world. The UAE’s system of recruitment, payment and living conditions put already vulnerable populations in considerably worse economic conditions by exploiting their labor and creating significant barriers to challenging the unjust employment system. After being sold on the idea that migrating to the UAE would bring a semblance of economic advancement, many migrants find themselves in inhumane working conditions and debt from having to pay excessive amounts of money to recruitment …


Steven Eric Graham Plaintiff/Appellant, Vs. Albertson's Llc Defendant/Appellee. : Reply Brief, Utah Supreme Court Dec 2018

Steven Eric Graham Plaintiff/Appellant, Vs. Albertson's Llc Defendant/Appellee. : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

REPLY BRIEF OF THE APPELLANT

Appeal from an Interlocutory Order of the Third Judicial District Court, Salt
Lake County, Honorable Heather Brereton, District Court No. 180900781

ORAL ARGUMENT REQUESTED


Benjamin Arriaga, Petitioner And Appellant, V. State Of Utah, Respondent And Appellee. : Brief Of Appellant, Utah Supreme Court Dec 2018

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

Utah Supreme Court Briefs (2000– )

PETITIONER'S OPENING BRIEF

On certiorari from Arriaga v. State, 2018 UT App 160 (August 23,
2018)

Petitioner Benjamin Arriaga is currently incarcerated.

ORAL ARGUMENT REQUESTED


Benjamin Arriaga, Petitioner, V. State Of Utah, Respondent. : Brief Of Appellee, Utah Supreme Court Dec 2018

Benjamin Arriaga, Petitioner, V. State Of Utah, Respondent. : Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

Brief of Respondent

On Writ of Certiorari to the Utah Court of Appeals


State Of Utah, Plaintiff/Petitioner, V. Calvin Paul Stewart, Defendant/Respondent. : Reply Brief, Utah Supreme Court Dec 2018

State Of Utah, Plaintiff/Petitioner, V. Calvin Paul Stewart, Defendant/Respondent. : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

Reply Brief of Petitioner

On Writ of Certiorari to the Utah Court of Appeals


In Re: Mary Doe And Jane Doe, Petitioners. : Brief, Utah Supreme Court Dec 2018

In Re: Mary Doe And Jane Doe, Petitioners. : Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

BRIEF OF AMICUS CURIAE UNIVERSITY OF UTAH,
S.J. QUINNEY COLLEGE OF LAW IN SUPPORT OF PETITIONERS


In Re: Mary Doe And Jane Doe, Petitioners. : Brief, Utah Supreme Court Dec 2018

In Re: Mary Doe And Jane Doe, Petitioners. : Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

BRIEF OF AMICUS CURIAE UTAH LEGISLATURE

PUBLIC


In Re: Mary Doe And Jane Doe, Petitioners. : Brief, Utah Supreme Court Dec 2018

In Re: Mary Doe And Jane Doe, Petitioners. : Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

JOINT REPLY BRIEF OF PETITIONERS MARY DOE, JANE DOE
AND THE UTAH STATE BAR


Troy Michael Kell, Petitioner/Appellant, V. Larry Benzon, Warden Of The Utah State Prison, Respondent/Appellee. : Brief Of Appellant, Utah Supreme Court Dec 2018

Troy Michael Kell, Petitioner/Appellant, V. Larry Benzon, Warden Of The Utah State Prison, Respondent/Appellee. : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

APPELLANT'S BRIEF

PUBLIC

Death Penalty Case

Appeal from the Sixth Judicial District Court,
In and For Sanpete County, Honorable Wallace Lee


Troy Michael Kell, Petitioner/Apoellant, V. State Of Utah, Respondent/Appellee. : Brief Of Appellee, Utah Supreme Court Dec 2018

Troy Michael Kell, Petitioner/Apoellant, V. State Of Utah, Respondent/Appellee. : Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

Brief of Appellee

Appeal from the denial of a petition for post-conviction relief,
in the Sixth Judicial District, Sanpete County, the Honorable
Wallace Lee presiding


Salt Lake County, Duchesne County, Uintah County, Washington County, And Weber County, Political Subdivisions Of The State Of Utah, Plaintiffs-Appellants, V. State Of Utah, Delta Air Lines, Inc. And Skywest Airlines, Inc., Defendants-Appellees. : Brief Of Appellee, Utah Supreme Court Dec 2018

Salt Lake County, Duchesne County, Uintah County, Washington County, And Weber County, Political Subdivisions Of The State Of Utah, Plaintiffs-Appellants, V. State Of Utah, Delta Air Lines, Inc. And Skywest Airlines, Inc., Defendants-Appellees. : Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

Brief of Appellee State of Utah

On appeal from the Third Judicial District Court
Judge Kara Pettit, District Court No. 170904525


Salt Lake County, Duchesne County, Uintah County, Washington County, And Weber County, Political Subdivisions Of The State Of Utah, Plaintiffs/Appellants, V. State Of Utah, Delta Airlines, Inc. And Sky West, Inc., Defendants/Appellees. : Brief Of Appellant, Utah Supreme Court Dec 2018

Salt Lake County, Duchesne County, Uintah County, Washington County, And Weber County, Political Subdivisions Of The State Of Utah, Plaintiffs/Appellants, V. State Of Utah, Delta Airlines, Inc. And Sky West, Inc., Defendants/Appellees. : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

APPELLANT'S SUPPLEMENTAL BRIEF


Salt Lake County, Duchesne County, Uintah County, Washington County, And Weber County, Political Subdivisions Of The State Of Utah, Plaintiffs/Appellants, V. State Of Utah, Delta Airlines, Inc. And Sky West, Inc., Defendants/Appellees. : Reply Brief, Utah Supreme Court Dec 2018

Salt Lake County, Duchesne County, Uintah County, Washington County, And Weber County, Political Subdivisions Of The State Of Utah, Plaintiffs/Appellants, V. State Of Utah, Delta Airlines, Inc. And Sky West, Inc., Defendants/Appellees. : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

APPELLANTS' SUPPLEMENTAL REPLY BRIEF


Salt Lake County, Duchesne County, Uintah County, Washington County, And Weber County, Political Subdivisions Of The State Of Utah, Plaintiffs-Appellants, V. State Of Utah, Delta Air Lines, Inc. And Skywest Airlines, Inc., Defendants-Appellees. : Reply Brief, Utah Supreme Court Dec 2018

Salt Lake County, Duchesne County, Uintah County, Washington County, And Weber County, Political Subdivisions Of The State Of Utah, Plaintiffs-Appellants, V. State Of Utah, Delta Air Lines, Inc. And Skywest Airlines, Inc., Defendants-Appellees. : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

Supplemental Reply Brief of Appellee State of Utah

On appeal from the Third Judicial District Court
Judge Kara Pettit, District Court No. 170904525


Johannah Bright, Lisa Tapp, And Pia Merlo-Schmucker, Appellees/Respondents, V. Sherman Sorensen, M.D.; Sorensen Cardiovascular Group; St. Mark's Hospital; And Ihc Health Services, Inc., Appellants/Petitioners. : Brief Of Appellant, Utah Supreme Court Dec 2018

Johannah Bright, Lisa Tapp, And Pia Merlo-Schmucker, Appellees/Respondents, V. Sherman Sorensen, M.D.; Sorensen Cardiovascular Group; St. Mark's Hospital; And Ihc Health Services, Inc., Appellants/Petitioners. : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

BRIEF OF APPELANTS SHERMAN
SORENSEN, M.D. AND SORENSEN
CARDIOVASCULAR GROUP

On Consolidated Interlocutory Appeal from the Third District, Salt Lake County


Lisa Tapp, Plaintiff-Appellee, Vs. Sherman Sorensen, M.D.; Sorensen Cardiovascular Group; And Ihc Health Services, Inc., Defendant-Appellants. Johanna Bright, Plaintiff-Appellee Vs. Sherman Sorensen, M.D.; Sorensen Cardiovascular Group; And St. Mark's Hospital, Defendant-Appellants. Pia Merlo-Schmucker, Plaintiff-Appellee Vs. Sherman Sorensen, M.D.; Sorensen Cardiovascular Group; And St. Mark's Hospital, Defendant-Appellants. : Reply Brief, Utah Supreme Court Dec 2018

Lisa Tapp, Plaintiff-Appellee, Vs. Sherman Sorensen, M.D.; Sorensen Cardiovascular Group; And Ihc Health Services, Inc., Defendant-Appellants. Johanna Bright, Plaintiff-Appellee Vs. Sherman Sorensen, M.D.; Sorensen Cardiovascular Group; And St. Mark's Hospital, Defendant-Appellants. Pia Merlo-Schmucker, Plaintiff-Appellee Vs. Sherman Sorensen, M.D.; Sorensen Cardiovascular Group; And St. Mark's Hospital, Defendant-Appellants. : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

REPLY BRIEF OF APPELLANT
IHC HEALTH SERVICES, INC.

Appeal from the Third District Court
Case No. 170904956
Judge Barry Lawrence


Johanna Bright, Appellee, V. Sherman Sorensen, Md; Sorensen Cardiovascular Group, And St. Mark's Hospital, Appellants. Pia Merlo-Schmucker, Appellee, V. Sherman Sorensen, Md; Sorensen Cardiovascular Group, And St. Mark's Hospital, Appellants. Lisa Tapp, Appellee, V. Sherman Sorensen, Md; Sorensen Cardiovascular Group, And Ihc Health Services, Inc., Appellants. : Reply Brief, Utah Supreme Court Dec 2018

Johanna Bright, Appellee, V. Sherman Sorensen, Md; Sorensen Cardiovascular Group, And St. Mark's Hospital, Appellants. Pia Merlo-Schmucker, Appellee, V. Sherman Sorensen, Md; Sorensen Cardiovascular Group, And St. Mark's Hospital, Appellants. Lisa Tapp, Appellee, V. Sherman Sorensen, Md; Sorensen Cardiovascular Group, And Ihc Health Services, Inc., Appellants. : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

REPLY BRIEF OF APPELLANT
ST. MARK'S HOSPITAL


Roger B. Arave And Kimberly L. Arave; Janet Southwick, Trustee; Venture Development Group, Llc, Plaintiffs And Appellees, V. Pineview West Water Company Defendant And Appellant. : Brief Of Appellant, Utah Supreme Court Dec 2018

Roger B. Arave And Kimberly L. Arave; Janet Southwick, Trustee; Venture Development Group, Llc, Plaintiffs And Appellees, V. Pineview West Water Company Defendant And Appellant. : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

PRINCIPAL BRIEF OF APPELLANT

On appeal from the Second Judicial District Court, Weber County,
Honorable Ernie W. Jones, District Court No. 130907544

Oral Argument Requested


Salt Lake County, Duchesne County, Uintah County, Washington County, And Weber County, All Political Subdivisions Of The State Of Utah, Plaintiffs/Appellants, V. State Of Utah, Delta Air Lines, Inc., And Skywest Airlines, Inc., Defendants/Appellees : Reply Brief, Utah Supreme Court Dec 2018

Salt Lake County, Duchesne County, Uintah County, Washington County, And Weber County, All Political Subdivisions Of The State Of Utah, Plaintiffs/Appellants, V. State Of Utah, Delta Air Lines, Inc., And Skywest Airlines, Inc., Defendants/Appellees : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

REPLY BRIEF IN SUPPORT OF
APPELLEES DELTA AIR LINES,
INC. AND SKYWEST AIRLINES,
INC.'S SUPPLEMENTAL BRIEF

ON APPEAL FROM THE THIRD JUDICIAL DISTRICT COURT,
SALT LAKE COUNTY, HONORABLE KARA PETTIT, DISTRICT JUDGE