Law Commons^™

Cougar Canyon Loan, Llc, Appellee, V. The Cypress Fund, Llc, Cypress Management, Llc, Olympus Capital Alliance, Llc, Cypress Capital Iii, Llc, Robert N. Baxter, And Blair M. Walker, Appellants., Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

On appeal from the Third Judicial District Court, Salt Lake County, Honorable Robert P. Faust, District Court No. 130907106

What Ending The Flores Agreement On Detention Of Immigrant Children Really Means, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Functional Secrecy, Laura K. Donohue

Georgetown Law Faculty Publications and Other Works

Many theorists consider secrecy inimical to liberal democracy. Precise examination of the role that it plays in contemporary government, however, including its strengths and weaknesses, has been limited. This chapter, accordingly, lays out a functional theory of secrecy, considering its role in the three branches of government in four contexts: deliberation, information security, law, and adjudicatory processes. Whether and to what extent cloaking information advances the interests of the state and society varies according to how it operates in each category. First, deliberative secrecy carries significant advantages: it can facilitate informed debate and honest exchange, allowing individuals to alter their …

State Of Utah, Plaintiff/ Appellee V. Peterson Berson, Defendant / Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from concurrent prison sentences for attempted aggravated robbery and obstructing justice, in the Fourth Judicial District, Utah County, the Honorable Roger W. Griffin presiding

MARGARET P. LINDSAY, DOUGLAS J. THOMPSON, Utah County Public Defender Assoc., Appeals Division, Counsel for Appellant

CHRISTOPHER D. BALLARD, Assistant Solicitor General, SEAN D. REYES, Utah Attorney General, RHONDA GIVIDEN, Utah County Attorney's Office, Counsel for Appellee

Davis County, Plaintiff/ Appellant V. Johnson & Johnson; Janssen Pharmaceuticals, Inc, Defendants/Appellees : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Interlocutory appeal from an order of the Honorable David M. Connors in the Second Judicial District Court

Andrew G. Deiss (7184), Attorneys for Johnson & Johnson; Janssen Pharmaceuticals, Inc.

Douglas B. Thayer (8109), Attorneys for Davis County

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

Utah Supreme Court Briefs (2000–2020)

APPELLANT'S REPLY BRIEF

PUBLIC

Death Penalty Case

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

Jillian Scott, Appellant, V. Bradley Scott, Appellee., Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from the Third Judicial District Court Case No. 124903563 Salt Lake County, State of Utah The Honorable Robert P. Faust

Criminal Arrests In Clark County, Nevada, By Jurisdiction 2006-2016, Elia Del Carmen Solano-Patricio, Caitlin Saladino, William E. Brown Jr.

Criminal Justice

Criminal arrests in Southern Nevada are on a downward trend. Despite a record-setting influx in population across the Las Vegas Valley and the surrounding metro area, officers in each of Clark County’s police jurisdictions arrest fewer people every year. The present study utilizes the Arrest Trends Tool created by the Vera Institute of Justice and the FBI’s Uniform Crime Reporting (UCR) Program to measure the number of arrests made over ten years for a variety of illegal activities, including drug abuse, violence and murder, property crimes, sex crimes, alcohol-related crimes, theft, white collar crimes, and other offenses. This data set …

International Infection Control Training Partnerships: Experiences From The Egypt-University Of Louisville Collaboration, Amr Aboelnasr, Mohammad Tahboub, Dawn Balcom, Lynn Roser, Morgan Stanley, Stephen P. Furmanek, Ruth Carrico

Journal of Refugee & Global Health

Background: Healthcare-associated infection (HAI) is a global challenge that represent opportunities for international collaboration. Both the United States and Egypt prioritize HAI reduction as activities of public health importance. These shared priorities provide a foundation for interactive education and training.

Objective: In the fall 2018, The United States Agency for International Development (USAID) sought a US training site where a delegation of physicians and nurses from Egypt could receive experiential training regarding HAI and prevention. The objectives of this review are to: 1) outline the training components used for the US-Egypt collaboration held at the University of Louisville …

Let's Talk Protecting Endangered Species, Clifford J. Villa, Ty Bannerman, Will Cavin, Taylor Jones, Ari Biernoff

Faculty Scholarship

The Trump Administration recently changed Endangered Species Act regulations affecting how species are removed from endangered status and streamlining permits for the oil and gas and ranching industries. Environmentalists say the rules weaken protections. How could the new rules change industry and conservation in New Mexico?

Transnational Environmental Law's Missing People, Natasha Affolder

All Faculty Publications

Legal scholars rely heavily on vocabularies of ‘actors’, ‘agents’, and ‘experts’ to account for the fact that law does not develop by itself. However, the identities, idiosyncrasies, and individual professional contributions of law’s people are rarely illuminated. This article suggests that the relative absence of people in transnational legal scholarship helps to explain some of its gaps. The task of bringing ‘human actors back on stage’ creates some new opportunities for transnational environmental law scholarship. It invites attention to both dominant and excluded voices. It offers a way of bridging the gap between the bureaucratic language of law and its …

The Effects Of Shareholder Primacy, Publicness, And “Privateness” On Corporate Cultures, Donald C. Langevoort

Georgetown Law Faculty Publications and Other Works

There is widespread belief in both scholarship and business practice that internal corporate cultures materially affect economic outcomes for firms. In turn, there is also a growing belief that corporate governance arrangements materially affect corporate cultures. If this is true, it suggests an intriguing three-link causal chain: governance choices influence corporate performance, at least in part via their effects on internal culture. This essay, written for the “Berle XI” symposium, explores that possibility. This subject is important to lawyers and legal scholars because of the symbiotic nature of law and governance, with an increasing risk of enhanced corporate criminal and …

Toward A 21st-Century International Tax Regime, Reuven S. Avi-Yonah

Law & Economics Working Papers

The OECD has been struggling to respond to countries that wish to tax large US technology companies on the basis of where their consumers live. The current OECD work program on digitalization is unlikely to produce a stable consensus or prevent countries from following the lead of France, India, Italy and the United Kingdom toward digital services taxes. The United States response should not be to target French, Indian, Italian or British companies for retaliation. Instead, the United States should consider adopting a sales-based formulary apportionment (SFA) solution that would apply to all large enterprises. Such a move is more …

Mmu: 08/26/19–09/01/19, Student Bar Association

Monday Morning Update

This Week at NDLS

• WELCOME BACK NDLS!!
• 1L to IrishLink-mandatory tutorial
• 2L & 3L IrishLink Q&A/Troubleshooting
• University Opening Mass and Picnic
• Daily Common Menu Specials
• Daily Mass Schedule
• IM Leagues signup
• ND Supreme Court Review: The Roberts Court in OT 2018--join the Federalist Society
• Professional headshots available

General Announcements

• Legal Writing Center–become a better writer
• Health & Wellness Center reminder
• How to put posters on the Law Library e-board

A Little Lagniappe (In Louisianna it means "a little something extra".)

• Sport Report
• Professor Spotlight–Rick Garnett

Vol. 57, No. 01 (August 26, 2019)

Indiana Law Annotated

No abstract provided.

Week Of August 26, 2019 - August 30, 2019, Benjamin N. Cardozo School Of Law

Today at Cardozo 2019

Events occurring this week have been sponsored by:

• Cardozo Office of Special Events

Compensation For Marine Environmental Damage From Ship-Source Pollution, Sinhyok Pak

Maritime Safety & Environment Management Dissertations (Dalian)

No abstract provided.

Analysis Of The Impact Of International Maritime Laws And Regulations On China's Ocean Fisheries, Canyang Gao

Maritime Safety & Environment Management Dissertations (Dalian)

No abstract provided.

August 24, 2019: Would I Help Donald Trump?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Would I Help Donald Trump?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Symposium: 50 Years With The 25th Amendment: Interpreting The Twenty-Fifth Amendment: Major Controversies, Harold Hongju Koh

ConLawNOW

In recent months, probably no constitutional provision has been more discussed, but less well understood, than Section Four of the Twenty-fifth Amendment. In its fifty-year history, the provision has never been triggered. But were that to happen, that constitutional provision could lead to the permanent separation of an American President from his powers and duties within less than one month. The Amendment's text raises numerous interpretive questions. This lecture functions as a reader's guide to Yale Law School Rule of Law Clinic's Reader's Guide to the Twenty-Fifth Amendment to the United States Constitution, which seeks to answer those questions. The …

Biomedical Ethics And Responsible Conduct Of Research, Katherine Mendis

Open Educational Resources

This course is an introduction to the moral challenges that arise in the design and execution of biomedical research and the development of medical interventions. A historical review segues into detailed examination of key ethical concepts and principles, as well as topics of particular concern. At the culmination of the semester, students apply their knowledge of research ethics to an ethical analysis of their MTM BioDesign projects.

Child Protection Mediation Model Mediator Competencies, Kelly Browe Olson Co-Editor

Law Faculty Scholarship

The inspiration to develop “Child Protection Mediation Model Mediator Competencies” arose from the work completed on “The Guidelines for Child Protection Mediation,” referred to in this document as, “The Guidelines.” “The Guidelines” were developed by a diverse group of experts in the field of child protection mediation (CPM) who are members of the Child Welfare Collaborative Decision-Making Network (CWCDMN) convened under the auspices of the Association of Family and Conciliation Courts (AFCC). “The Guidelines” have been adopted by the AFCC and endorsed by the National Council of Juvenile and Family Court Judges and the Association for Conflict Resolution.

These “Child …

Operationalizing The Big Collective Collection: A Case Study Of Consolidation Vs Autonomy, Lorcan Dempsey, Constance Malpas, Mark Sandler

Copyright, Fair Use, Scholarly Communication, etc.

This is a discussion paper prepared in collaboration with the Big Ten Academic Alliance (BTAA) Library Initiatives. It presents a framework for operationalizing the BTAA collective collection. A collective collection is a collection managed collaboratively across a network of libraries. We have a very specific focus in this paper on the ”purchased” or print collection, acknowledging that other areas of library collections are sometimes managed collectively, digitized collections for example. The BTAA justifiably claims to be the premier academic collaboration in the US. Once described as “the world's greatest common market in education3,” it leverages the combined research and teaching …

It’S Just Like Prison: Is A Civil (Nonpunitive) System Of Immigration Detention Theoretically Possible?, René Lima-Martin, Danielle C. Jefferis

Denver Law Review

No abstract provided.

The Evolution Of Jury Research Methods: From Hugo Münsterberg To The Modern Age, Brian H. Bernstein, Amy J. Kleynhans

Denver Law Review

No abstract provided.

State Of Utah, Plaintiff/Appellee, V. Todd Robert Patton, Defendant/Appellant, Appellee Brief : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

On appeal from the Eighth Judicial District Court, Uintah County, Honorable Clark McClellan, District Court No. 171800757

Sean Reyes, UTAH ATTORNEY GENERAL, Attorney for Plaintiff/ Appellee State of Utah

Emily Adams (14937), ADAMS LEGAL LLC, Attorney for Defendant/ Appellant Todd Patton

State Of Utah State Of Utah, Plaintiff And, Appellee V. Todd Robert Patton, Defendant And, Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

On appeal from the Eighth Judicial District Court, Uintah County, Honorable Clark McClellan, District Court No. 171800757

Sean Reyes, Attorney for Plaintiff

Emily Adams, Attorney for Defendant/ Appellant Todd

Accounting For Awards: An Examination Of Juror Reasoning Behind Pain And Suffering Damage Award Decisions, Krystia Reed, Valerie P. Hans, Valerie F. Reyna

Denver Law Review

No abstract provided.

The Role Of Eyewitness Confidence And Prosecution/Defense Presentation In How Facial Composites Shape Juror Decision-Making, Rebecca E. Singh

Student Theses

Eyewitness testimony has been found to be an unreliable form of evidence (Loftus, Miller & Burns, 1978; Oswald & Coleman, 2007; Wells & Hasel, 2007; Loftus & Greenspan, 2017; Jaross, 2018; Wade, Nash, & Lindsay, 2018; Wixted, Mickes, & Fisher, 2018). Yet, this evidence is still used in the courts today, and, in fact, is perceived by jurors as important and compelling in comparison to other case factors (e.g., character evidence, physical evidence; Topp-Manriquez, McQuiston, & Malpass, 2014; Kabzińska, 2015). Additionally, eyewitnesses are sometimes requested to help create a facial composite of the suspect and, critically, these composites are then …

Firearms Law Workshop Mini-Symposium, Part Iii: Framing The Second Amendment: Gun Rights, Civil Rights, And Civil Liberties, Timothy Zick

Popular Media

No abstract provided.