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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 …


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 …


General Description, Causes And Prevention Of Corruption Crimes, Q Abdurasulova Dec 2018

General Description, Causes And Prevention Of Corruption Crimes, Q Abdurasulova

ProAcademy

The article describes the concept of corruption, a general description of corruption o ffen sesa n d the reasons for the crime and its prevention.


The Issues Of Implementation Into The Legislation Of The Republic Of Uzbekistan Certain Provisions Of Article 53 Of The Un Convention Against Corruption, U Nigmadjanov Dec 2018

The Issues Of Implementation Into The Legislation Of The Republic Of Uzbekistan Certain Provisions Of Article 53 Of The Un Convention Against Corruption, U Nigmadjanov

ProAcademy

This article addresses the issue of implementation to the legislation of the Republic of Uzbekistan certain provisions of Article 53 of the UN Convention against Corruption on criminal assets recovery in terms of permitting foreign state to initiate civil suits in the courts of the member states to establish ownership of property acquired through corruption offenses. The author analyzed the existing mechanism for filing civil claims for recognition of ownership of assets by foreign states in the courts of the Republic of Uzbekistan, as well as solving civil suit within criminal proceedings.


Con Stitution - Th E G U A R A N Tee Of Th E Pro Tectio N Of Human Rights, F Raximov Dec 2018

Con Stitution - Th E G U A R A N Tee Of Th E Pro Tectio N Of Human Rights, F Raximov

ProAcademy

This article emphasizes that along with the fact that the Constitution of the Republic of Uzbekistan is the legal basis for the main tasks of ensuring independence, peace and stability in the country, the issue of protecting the rights and freedoms of citizens has become its substance. Laws, which have been adopted in accordance with the Basic Law, primarily aimed at improving the protection of the interests of individuals and citizens, as well as its guarantees. In addition, the latest reforms in the judicial and legal system as well as the issues of their implementation in law enforcement practice have …


Some Opinions On The Subjective Signs Of Complicity In A Crime, A Otajonov Dec 2018

Some Opinions On The Subjective Signs Of Complicity In A Crime, A Otajonov

ProAcademy

The article studies scientific-practical analysis of conditions connected with subjective sides of the criminal complicity institute and proposals aimed at uniform application of law norms in law-enforcement practice are developed.


C O N Stitu Tio N - T H E G U A R A N T E E Of T H E P R O T Ec T Io N Of H U M An R Ig H T S, Sh Qulmatov Dec 2018

C O N Stitu Tio N - T H E G U A R A N T E E Of T H E P R O T Ec T Io N Of H U M An R Ig H T S, Sh Qulmatov

ProAcademy

This article emphasizes that along with the fact that the Constitution of the Republic of Uzbekistan is the legal basis for the main tasks of ensuring independence, peace and stability in the country, the issue of protecting the rights and freedoms of citizens has become its substance. Laws, which have been adopted in accordance with the Basic Law, primarily aimed at improving the protection of the interests of individuals and citizens, as well as its guarantees. In addition, the latest reforms in the judicial and legal system as well as the issues of their implementation in law enforcement practice have …


Legal Content And Frameworks Of Application Of The Privileges And Immunities Of The Representative Offices Of International Organizations In Member States, Sh Raxmanov Dec 2018

Legal Content And Frameworks Of Application Of The Privileges And Immunities Of The Representative Offices Of International Organizations In Member States, Sh Raxmanov

ProAcademy

This article examines the legal content and frameworks of the application of the privileges and immunities of the representative offices of international organizations in member states. It contains a detailed analysis and deliberation of the legal basis of privileges and immunities of representative offices of international organizations in Member States. The article tries to clarify and highlight the most pressing issues concerning the application of privileges and immunities of representations of international organizations, and propose some practical solutions to those issues.


Combating Terrorism As A Condition Of Preserving The Political Stability Of A Democratic Society, R Tlavberdiev Dec 2018

Combating Terrorism As A Condition Of Preserving The Political Stability Of A Democratic Society, R Tlavberdiev

ProAcademy

This article addresses the challenges of ensuring the protection of children involved in violent extremism and terrorism through the recruitment and exploitation of minors by extremist and terrorist groups. Based on the analysis conducted' the author proposes to continue the implementation of international standards for juvenile justice in Uzbekistan and to strengthen the role of international organizations in ensuring the protection of the rights and interests of children.


Approaches Of The Republic Of Uzbekistan To Combating Extremism Among The Youth, Sh Ruziev Dec 2018

Approaches Of The Republic Of Uzbekistan To Combating Extremism Among The Youth, Sh Ruziev

ProAcademy

In contemporary conflict ridden world the struggle against extremism within youth environment has become increasingly more multifaceted, preventive and unconditionally obligatory in the context of state youth policy implementation. The task of early prevention of the likelihood of adolescents and young people of Uzbekistan falling under the Influence of violent ideology !s carried out by Joint efforts of state and public organizations with the active involvement of the general public and, especially, its most active layer — the youth themselves. Such a comprehensive and integrated policy, which has its own internal and international aspects, represents a unique experience that has …


Feature Of Conclusion Of The Letter Of Credit Agreement In Business Activity, A Hidoyatullaev Dec 2018

Feature Of Conclusion Of The Letter Of Credit Agreement In Business Activity, A Hidoyatullaev

ProAcademy

In this article•, the issues of entering into letter of credit agreement by business entities in business activities have been discussed.


The Role Of E Ecutive Proceedings In The Legal System Of The Republic Of Uzbekistan Analysis And Discussion, A Hamidov Dec 2018

The Role Of E Ecutive Proceedings In The Legal System Of The Republic Of Uzbekistan Analysis And Discussion, A Hamidov

ProAcademy

The article outlines a brief review of the executive proceedings in the Republic of Uzbekistan and its role in the legal systemi, suggesting the codification of all relevant legislation and the implementation of the executive proceedings as a separate independent branch of law.


Strengthening The Procedural Status Of Persons Contributing To The Administration Of Justice In The New Civil Procedure Code, M Dustqoriev Dec 2018

Strengthening The Procedural Status Of Persons Contributing To The Administration Of Justice In The New Civil Procedure Code, M Dustqoriev

ProAcademy

This article highlights the issues and opinions concerning the definition of the group and the procedural status of the persons contributing to the administration of Justice as one of the participants of the civil process in the new edition of the Civil Procedure Code, as well as national and foreign expertise in this sphere.


General Description Of Crimes Related To Obstruction, Unlawful Interference In Business Activity, M Kurbanov Dec 2018

General Description Of Crimes Related To Obstruction, Unlawful Interference In Business Activity, M Kurbanov

ProAcademy

In this article the author conducted an analysis general characteristics of crimes related to obstruction, unlawful interference in business activities.


One Of The Main Tasks Of The Prosecution Bodies Is To Monitor The O Bservan Ce Of Legislation In The Field Of Protection Of The Rights Of En Trepren Eu Rs, A Komilov Dec 2018

One Of The Main Tasks Of The Prosecution Bodies Is To Monitor The O Bservan Ce Of Legislation In The Field Of Protection Of The Rights Of En Trepren Eu Rs, A Komilov

ProAcademy

This article outlines the necessity for continuous analysis of the legislation related to the protection of the rights of the entrepreneurs. Certain legislative documents that regulate the activities of the entrepreneurs are analyzed in the article.


Theoretical Aspects Of Facultative Signs Of The Objective Side Of Crime And Their Legal Significance, F Xudaykulov Dec 2018

Theoretical Aspects Of Facultative Signs Of The Objective Side Of Crime And Their Legal Significance, F Xudaykulov

ProAcademy

This article illustrates the theoretical aspects of facultative signs of the objective side of the crime and their legal significances, including the theoretical and practical problems of facultative signs of the objective side of the crime, which are specified in the Criminal Code of the Republic of Uzbekistan. In addition, proposals and recommendations are given for further Improvement of the criminal legislation of the Republic of Uzbekistan.


Some Issues Of Ualification Of Crimes Committed Under Motive Of Revenge, U Zakirova Dec 2018

Some Issues Of Ualification Of Crimes Committed Under Motive Of Revenge, U Zakirova

ProAcademy

This article covers the concept of the motive of revenge for a crime, its essence, as well as its influence on the qualification of a crime, including theoretical and practical problems of the motives of revenge for a crime, which are specified in the Criminal Code of the Republic of Uzbekistan, in addition, proposals and recommendations for further improvement of criminal legislation of Republic of Uzbekistan.


Major Privileges And Shortcomings Of Cryptocurrency In The Republic Of Uzbekistan, A Davronov Dec 2018

Major Privileges And Shortcomings Of Cryptocurrency In The Republic Of Uzbekistan, A Davronov

ProAcademy

This article explores the use of crypto assets in criminal activities, also analyzes the law on digital economy


The "Damned" In A Flashover State: Arson And The Use Of Scientific Methods And Expert Testimony In West Virginia, Christopher W. Maidona Dec 2018

The "Damned" In A Flashover State: Arson And The Use Of Scientific Methods And Expert Testimony In West Virginia, Christopher W. Maidona

West Virginia Law Review Online

The fire moved quickly through the house as Cameron Todd Willingham screamed for his children from the front porch. Inside the blaze were his three children. Firefighters arrived, uncoiled hoses, and aimed water at the raging fire. However, all three Willingham children died that night from smoke inhalation.

News of the December 23, 1991, tragedy spread throughout Corsicana, Texas. Meanwhile, investigators sought to determine what caused the fire. The investigators “toured the perimeter of the house, taking notes and photographs, like archeologists mapping out a ruin.” In the kitchen, they found smoke and heat damage—signs the fire had not originated …


The Bank Of New York Mellon Fka The Bank Of New York, As Trustee For The Certificateholders Cwmbs Series 2006-Hyb5, Plaintiff And Appellee, V. Paula A. Mitchell, Defendant And Appellant. America First Federal Credit Union, Pepperwood Homeowner's Association, And John Does 1-5, Defendants (Not Participating). : Brief Of Appellee, Utah Court Of Appeals Dec 2018

The Bank Of New York Mellon Fka The Bank Of New York, As Trustee For The Certificateholders Cwmbs Series 2006-Hyb5, Plaintiff And Appellee, V. Paula A. Mitchell, Defendant And Appellant. America First Federal Credit Union, Pepperwood Homeowner's Association, And John Does 1-5, Defendants (Not Participating). : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

APPELLEE'S BRIEF

Appeal from the Orders of the Third Judicial District Court
by The Honorable Todd Shaughnessy


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 (2000–2020)

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


Melanie Madsen Thatcher, Plaintiff And Appellee/Cross-Appellant, V. Michael Lang, Defendant And Appellant/Cross-Appellee : Reply Brief, Utah Court Of Appeals Dec 2018

Melanie Madsen Thatcher, Plaintiff And Appellee/Cross-Appellant, V. Michael Lang, Defendant And Appellant/Cross-Appellee : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

REPLY BRIEF OF APPELLANT AND
BRIEF OF CROSS-APPELLEE

On appeal from a judgment of the Fifth District Court for Washington County,
The Honorable G. Michael Westfall


Melanie Madsen Thatcher, Plaintiff And Appellee, V. Michael Lang, Defendant And Appellant : Brief Of Appellant, Utah Court Of Appeals Dec 2018

Melanie Madsen Thatcher, Plaintiff And Appellee, V. Michael Lang, Defendant And Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF FOR APPELLANT

On appeal from a judgment of the Fifth District Court for Washington County,
The Honorable G. Michael Westfall


Melanie A. Madsen Thatcher, Plaintiff/Appellee/Cross-Appellant, V. Michael Lang, Defendant/Appellant/Cross-Appellee : Brief Of Appellee, Utah Court Of Appeals Dec 2018

Melanie A. Madsen Thatcher, Plaintiff/Appellee/Cross-Appellant, V. Michael Lang, Defendant/Appellant/Cross-Appellee : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLEE / CROSS-APPELLANT

APPEAL FROM THE FIFTH DISTRICT COURT,
WASHINGTON COUNTY, STATE OF UTAH
THE HON. G. MICHAEL WESTFALL, CIVIL NO. 120500520


Northern Monticello Alliance, Llc, Petitioner And Appellant, Vs. San Juan County Commission Et Al., Respondents And Appellees. : Brief Of Appellee, Utah Court Of Appeals Dec 2018

Northern Monticello Alliance, Llc, Petitioner And Appellant, Vs. San Juan County Commission Et Al., Respondents And Appellees. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from a 28 February 2018 Order Denying Petitioner's Motion for Summary
Judgment and Granting Respondents' Cross-motion for Summary Judgment in the Utah
Seventh District Court, Monticello Department, San Juan County, by the Honorable Lyle
R. Anderson.

APPELLEES REQUEST ORAL ARGUMENT


State Of Utah, Plaintiff/Appellee, V. Patrick Bobby Jr. Galindo, Defendant/Appellant. : Brief Of Appellant, Utah Court Of Appeals Dec 2018

State Of Utah, Plaintiff/Appellee, V. Patrick Bobby Jr. Galindo, Defendant/Appellant. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Opening Brief--PUBLIC

On appeal from the Second Judicial District Court, Weber County,
Honorable Ernie Jones, District Court No. 161901398

Mr. Galindo is incarcerated


State Of Utah, Plaintiff/Appellee, V. Patrick Bobby Galindo, Jr., Defendant/Appellant. : Brief Of Appellee, Utah Court Of Appeals Dec 2018

State Of Utah, Plaintiff/Appellee, V. Patrick Bobby Galindo, Jr., Defendant/Appellant. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Brief of Appellee

Appeal from a conviction for attempted murder, a first degree
felony, and a guilty plea to possession of a firearm by a
restricted person, a second degree felony, in the Second
Judicial District, Weber County, the Honorable Ernie W. Jones
presiding


State Of Utah, Plaintiff/Appellee, V. Jeremiah Ray Hart, Defendant/Appellant. : Brief Of Appellee, Utah Court Of Appeals Dec 2018

State Of Utah, Plaintiff/Appellee, V. Jeremiah Ray Hart, Defendant/Appellant. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Brief of Appellee

Appeal from convictions for aggravated murder, a first degree
felony, obstructing justice, a second degree felony, and
possession of a dangerous weapon by a restricted person, a
second degree felony, in the Third Judicial District, Salt Lake
County, the Honorable Keith A. Kelly presiding


Stuart Wood And Laurie Wood, Plaintiffs And Appellants V. Kns International, L.L.C., A Utah Limited Liability Company And United Parcel Service, Inc., A Delaware Corporation, Defendants And Appellees. : Brief Of Appellant, Utah Court Of Appeals Dec 2018

Stuart Wood And Laurie Wood, Plaintiffs And Appellants V. Kns International, L.L.C., A Utah Limited Liability Company And United Parcel Service, Inc., A Delaware Corporation, Defendants And Appellees. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLANTS

Appeal from the Third District Court, Salt Lake County, Judge Bates


State Of Utah Plaintiff/Appellee V. Jeremiah Ray Hart Defendant/Appellant. : Reply Brief, Utah Court Of Appeals Dec 2018

State Of Utah Plaintiff/Appellee V. Jeremiah Ray Hart Defendant/Appellant. : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

REPLY BRIEF OF APPELLANT

APPEAL FROM A JUDGMENT AND CONVICTION OF AGGRAVATED
MURDER, OBSTRUCTING JUSTICE AND POSSESSION OF A DANGEROUS
WEAPON BY RESTRICTED PERSON IN THE THIRD DISTRICT COURT

The Defendant is Incarcerated in the
Utah State Prison