Open Access. Powered by Scholars. Published by Universities.®

Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

Discipline
Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 197821 - 197850 of 545582

Full-Text Articles in Law

Paige Christine Farnsworth V. Loren Kelly Farnsworth : Brief Of Appellee, Utah Court Of Appeals Jan 2011

Paige Christine Farnsworth V. Loren Kelly Farnsworth : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

IN THE UTAH COURT OF APPEALS PAIGE CHRISTINE FARNSWORTH, Petitioner and Appellee, vs. LOREN KELLY FARNSWORTH, Respondent and Appellant. Appellate No: 20110317-CA APPELLANT'S REPLY BRIEF APPEAL FROM A FINAL JUDGMENT OF THE SEVENTH DISTRICT COURT OF EMERY COUNTY, JUDGE DOUGLAS B. THOMAS. McKette H. Allred POBox57 Castle Dale, UT 84513 Attorney for Petitioner/Appellee Don M. Torgerson #10318 Samuel P. Chiara #7829 CHIARA & TORGERSON, PLLC 453 East Main Street, Suite 100 P.O. Box 955 Price, Utah 84501 Telephone: (435) 637-7011 Facsimile: (435) 636-0138 Attorneys for Respondent/Appellant

Go to article

Ruth B. Hardy Revocable Trust, Delcon Corporation Profit Sharing Plan Fbo A. Wesley Hardy Aka Delcon Corp. Psp Fbo A. W. Hardy, Finesse P.S.P., Mjs Real Properties Llc Aka Mjs Real Properties, Uintah Investments, Llc Aka Uintah Investments David D. Smith, Steven Condie, David L. Johnson, Berrett Psp, Vw Professional Homes Psp, Ty Thomas, And D.R.P. Management Psp V. Eagle Mountain Lots, L.L.C., Aka Eagle Mountain Lots, Llc, Grant Bybee, Bbands, Llc, Robert A. Jones Dba Bbands, Llc, The Circle Of Builders, Llc., Royal Richards, Steven T. Gyuro, Aka Tom Gyuro, Eagle Mountain City And John Does I-X : Brief Of Appellee, Utah Court Of Appeals Jan 2011

Ruth B. Hardy Revocable Trust, Delcon Corporation Profit Sharing Plan Fbo A. Wesley Hardy Aka Delcon Corp. Psp Fbo A. W. Hardy, Finesse P.S.P., Mjs Real Properties Llc Aka Mjs Real Properties, Uintah Investments, Llc Aka Uintah Investments David D. Smith, Steven Condie, David L. Johnson, Berrett Psp, Vw Professional Homes Psp, Ty Thomas, And D.R.P. Management Psp V. Eagle Mountain Lots, L.L.C., Aka Eagle Mountain Lots, Llc, Grant Bybee, Bbands, Llc, Robert A. Jones Dba Bbands, Llc, The Circle Of Builders, Llc., Royal Richards, Steven T. Gyuro, Aka Tom Gyuro, Eagle Mountain City And John Does I-X : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

APPEAL FROM ORDER OF THE FOURTH JUDICIAL DISTRICT COURT, UTAH COUNTY, THE HONORABLE STEVEN L. HANSEN, GRANTING APPELLEES' MOTION FOR SUMMARY JUDGMENT AND DENYING EAGLE MOUNTAIN CITY'S MOTION FOR SUMMARY FILED JUDGMENT.

Go to article

The Parallel Law Of Lawyering In Civil Litigation, Andrew M. Perlman Jan 2011

The Parallel Law Of Lawyering In Civil Litigation, Andrew M. Perlman

Suffolk University Law School Faculty Works

Civil litigators are increasingly governed by a body of law that is similar, but not identical, to existing rules of professional conduct. For example, Rule 26(b)(5)(B) of the Federal Rules of Civil Procedure and Rule 4.4(b) of the Model Rules of Professional Conduct both address a lawyer’s obligations upon receiving an inadvertently disclosed privileged document. Model Rule 4.4(b), however, only requires the receiving lawyer to notify the sender of the mistake, whereas the civil procedure rule imposes additional obligations, including a duty to return the inadvertently disclosed document. Scholars, as well as the Model Rules themselves, recognize that parallel law …

Go to article

Can Public Nuisance Law Protect Your Neighborhood From Big Banks?, Kermit J. Lind Jan 2011

Can Public Nuisance Law Protect Your Neighborhood From Big Banks?, Kermit J. Lind

Law Faculty Articles and Essays

This article considers how the law of public nuisance might be applied to protect neighborhoods from the destructive forces of the mortgage crisis. For more than thirty years I have been a close observer and a participant in community development at the neighborhood level in Cleveland, Ohio. I now supervise a law school clinical practice that provides legal counsel to an array of nonprofit community development corporations that, for more than thirty-five years, have been renewing housing and neighborhood sustainability in a city going through major social and economic change.

Go to article

It's Good To Be Autonomous: Prospective Consent, Retrospective Consent, And The Foundation Of Consent In The Criminal Law, Jonathan Witmer-Rich Jan 2011

It's Good To Be Autonomous: Prospective Consent, Retrospective Consent, And The Foundation Of Consent In The Criminal Law, Jonathan Witmer-Rich

Law Faculty Articles and Essays

What is the foundation of consent in the criminal law? Classically liberal commentators have offered at least three distinct theories. J.S. Mill contends we value consent because individuals are the best judges of their own interests. Joel Feinberg argues an individual’s consent matters because she has a right to autonomy based on her intrinsic sovereignty over her own life. Joseph Raz also focuses on autonomy, but argues that society values autonomy as a constituent element of individual well-being, which it is the state’s duty to promote.The criminal law’s approach to the problem of non-contemporaneous consent—prospective consent and retrospective consent—casts a …

Go to article

Three Lies And A Truth: Adjudicating Maternity In Surrogacy Disputes, Browne C. Lewis Jan 2011

Three Lies And A Truth: Adjudicating Maternity In Surrogacy Disputes, Browne C. Lewis

Law Faculty Articles and Essays

Historically, courts were called on to answer the following question: What makes a man a legal father? Courts applied different presumptions to arrive at the answer. For example, if the case involved a married couple, the woman's husband was presumed to be the legal father.1 In situations involving an unmarried woman, the man who helped to conceive the child was the legal father. While paternity was being litigated, maternity was resolved-the woman who gave birth to the child was the child's legal mother. The phrase “momma's baby, papa's maybe” reflected society's attitude towards maternity. Since the woman who gave birth …

Go to article

Twenty Years Of Student Scholarship: Celebrating The Dalhousie Journal Of Legal Studies, Kim Brooks, Mark Lewis Jan 2011

Twenty Years Of Student Scholarship: Celebrating The Dalhousie Journal Of Legal Studies, Kim Brooks, Mark Lewis

Dalhousie Journal of Legal Studies

In the case of the Dalhousie Journal of Legal Studies that person was its first editor-in-chief, Ryerson Symons. In the production of the first volume, released in 1992, he was joined by an 11-person board of directors, a 30-person editorial board, a 10-person notes and comments editorial committee, a 12-person book reviews editorial committee, a large number of managers and assistants, five founding patrons, and a six-member advisory board. A lot of people were persuaded that the Journal had merit. I might continue on the theme of identifying the characteristics of successful projects. If a good project has an early …

Go to article

Veterans Benefits In 2010: A New Dialogue Between The Supreme Court And The Federal Circuit, Paul R. Gugliuzza Jan 2011

Veterans Benefits In 2010: A New Dialogue Between The Supreme Court And The Federal Circuit, Paul R. Gugliuzza

American University Law Review

No abstract provided.

Go to article

A Shot In The Arm: What A Modern Approach To Jacobson V. Massachusetts Means For Mandatory Vaccinations During A Public Health Emergency , Ben Horowitz Jan 2011

A Shot In The Arm: What A Modern Approach To Jacobson V. Massachusetts Means For Mandatory Vaccinations During A Public Health Emergency , Ben Horowitz

American University Law Review

No abstract provided.

Go to article

The Federal Circuit's Decision In Myriad: Isolated Dna Molecules Are Patentable Subject Matter, Seth R. Ogden Jan 2011

The Federal Circuit's Decision In Myriad: Isolated Dna Molecules Are Patentable Subject Matter, Seth R. Ogden

American University Law Review

No abstract provided.

Go to article

A Grotian Moment: Changes In The Legal Theory Of Statehood, Milena Sterio Jan 2011

A Grotian Moment: Changes In The Legal Theory Of Statehood, Milena Sterio

Law Faculty Articles and Essays

This article examines the Grotian Moment theory and its practical application toward the legal theory of statehood. To that effect, this article describes, in Part II, the notion of a Grotian Moment. In Part III, it examines the legal theory of statehood in its traditional form. Part IV describes changes in the legal theory of statehood brought about by the forces of globalization in a Grotian Moment manner. These changes include a new notion of state sovereignty and the accompanying right to intervention, the emergence of human and minority rights that sometimes affect state territorial integrity, the existence of de …

Go to article

Employment, Sexual Orientation And Religious Beliefs: Do Religious Educational Institutions Have A Protected Right To Discriminate In The Selection And Discharge Of Employees?, Ralph D. Mawdsley Jan 2011

Employment, Sexual Orientation And Religious Beliefs: Do Religious Educational Institutions Have A Protected Right To Discriminate In The Selection And Discharge Of Employees?, Ralph D. Mawdsley

Law Faculty Articles and Essays

The life blood of religious educational institutions is their doctrinal statements and codes of conduct that set standards for employee and student life. The purpose of this paper is to examine the freedom of religious educational institutions to make employment decisions related to three homosexuality related areas: sexual orientation, same-sex sexual activity outside marriage, and same-sex marriage. At the core of the discussion is the basic question whether religious educational institutions have a protected right to enforce doctrinal statements or codes of conduct addressing one or more of these areas.

This paper will examine legal issues related to the ability …

Go to article

Memo On Revisions To Hb 125, David Forte Jan 2011

Memo On Revisions To Hb 125, David Forte

Law Faculty Articles and Essays

Forte's suggestions for revision to HB 125 – The Heartbeat Bill (2011-2012) appears on the Catholic Conference of Ohio website.

Go to article

Ppaca And Public Health: Creating A Framework To Focus On Prevention And Wellness And Improve The Public's Health, Gwendolyn R. Majette Jan 2011

Ppaca And Public Health: Creating A Framework To Focus On Prevention And Wellness And Improve The Public's Health, Gwendolyn R. Majette

Law Faculty Articles and Essays

On March 23, 2010, President Obama signed the Patient Protection and Affordable Care Act (PPACA), a major piece of health care reform legislation.This comprehensive legislation includes provisions that focus on prevention, wellness, and public health. Some, including authors in this symposium, question whether Congress considered public health, prevention, and wellness issues as mere afterthoughts in the creation of PPACA. As this article amply demonstrates, they did not.This article documents the extent of congressional consideration on public health issues based on personal experience working on the framework for health care reform--specifically, my experience as a Fellow for a member of the …

Go to article

Happiness In Business Or Law, Peter H. Huang Jan 2011

Happiness In Business Or Law, Peter H. Huang

Publications

This article provides a short introduction to recent happiness research and its applications to business or law that is organized as follows. Section I briefly considers: (1) troubling and not so troubling reservations about happiness research, and (2) how money and happiness are related. Section II concisely surveys two sets of applications of happiness research to business, namely: (1) workplace well-being and meaning, and (2) marketing. Section III succinctly reviews two categories of happiness research implications for law: (1) business regulation, and (2) law student and lawyer happiness.

Go to article

The Equal Protection Implications Of Government's Hateful Speech, Helen Norton Jan 2011

The Equal Protection Implications Of Government's Hateful Speech, Helen Norton

Publications

Under what circumstances should we understand government's racist or otherwise hateful speech to violate the Equal Protection Clause? Government speech that communicates hostility or animus on the basis of race, gender, national origin, sexual orientation, or other class status can facilitate private parties' discriminatory behavior, deter its targets from certain important opportunities or activities, and communicate a message of exclusion and second-class status. Contemporary equal protection doctrine, however, does not yet fully address the harms that such government expression potentially poses. The recent emergence of the Court's government speech doctrine--which to date has emphasized the value of government expression without …

Go to article

An Article I Theory Of The Inherent Powers Of The Federal Courts, Benjamin H. Barton Jan 2011

An Article I Theory Of The Inherent Powers Of The Federal Courts, Benjamin H. Barton

Catholic University Law Review

No abstract provided.

Go to article

A Standard For Salvation: Evaluating “Hybrid-Rights” Free-Exercise Claims, William J. Haun Jan 2011

A Standard For Salvation: Evaluating “Hybrid-Rights” Free-Exercise Claims, William J. Haun

Catholic University Law Review

No abstract provided.

Go to article

Domestic Violence: The Use Of Pro-Arrest Policies And Mandatory Prosecutions, Amy L. Beck Jan 2011

Domestic Violence: The Use Of Pro-Arrest Policies And Mandatory Prosecutions, Amy L. Beck

Senior Honors Theses

Domestic violence is a crime that affects millions of American families. Traditionally,
domestic violence was recognized by the general population and the courts as being a
private issue that should be handled within the boundaries of the family. Law
enforcement and the judicial system played a minimal role and generally maintained a
hands off policy in relation to domestic violence cases. Adding to this mentality of
privacy, the Fourth Amendment to the Constitution prohibits entering a residence without
probable cause. The Minneapolis domestic violence experiment attempted to measure
which police response was most beneficial. In order to empower victims and …

Go to article

Encouraging Private Investment In Energy Efficiency, Sarah B. Schindler Jan 2011

Encouraging Private Investment In Energy Efficiency, Sarah B. Schindler

Faculty Publications

Combating the negative effects of climate change requires finding ways to increase energy production while reducing energy demand. Every New England state has programs in place to encourage home and business owners to improve the energy efficiency of their buildings. Despite the clear fmancial benefits and environmental benefits that result from energy efficiency upgrades, most New Englanders have not taken advantage ofthe programs being offered by their states.

Go to article

An Evolving Foreclosure Landscape: The Ibanez Case And Beyond, Peter R. Pitegoff, Laura S. Underkuffler Jan 2011

An Evolving Foreclosure Landscape: The Ibanez Case And Beyond, Peter R. Pitegoff, Laura S. Underkuffler

Faculty Publications

Mortgage securitization, subprime lending, a persistently weak housing market, and an explosion of residential mortgage defaults – today’s homeowners and banks face a new and challenging landscape. Recently, courts in several states have issued decisions that alter the terrain for mortgage foreclosures. In Massachusetts, New Jersey, and New York, among other states, courts have dismissed foreclosure actions on the basis of what might seem to be highly technical deficiencies in the pleading or proof. The most well-known–and controversial–in this cluster of cases is U.S. Bank National Ass’n v. Ibanez, decided by the Supreme Judicial Court of Massachusetts this year. In …

Go to article

Shades Of Gray: The Life And Times Of A Free Family Of Color On The Texas Frontier, Jason A. Gillmer Jan 2011

Shades Of Gray: The Life And Times Of A Free Family Of Color On The Texas Frontier, Jason A. Gillmer

Minnesota Journal of Law & Inequality

No abstract provided.

Go to article

The Effects Of Legally Recognizing Same-Sex Unions On Health And Well-Being, Holning Lau, Charles Q. Strohm Jan 2011

The Effects Of Legally Recognizing Same-Sex Unions On Health And Well-Being, Holning Lau, Charles Q. Strohm

Minnesota Journal of Law & Inequality

No abstract provided.

Go to article

Parental Alienation Analysis, Domestic Violence, And Gender Bias In Minnesota Courts, Rita Berg Jan 2011

Parental Alienation Analysis, Domestic Violence, And Gender Bias In Minnesota Courts, Rita Berg

Minnesota Journal of Law & Inequality

No abstract provided.

Go to article

Regional Strategies For Racial Integration Of Schools And Housing Post-Parents Involved, Myron Orfield Jan 2011

Regional Strategies For Racial Integration Of Schools And Housing Post-Parents Involved, Myron Orfield

Minnesota Journal of Law & Inequality

No abstract provided.

Go to article

An Analysis Of The History And Hardship Experienced By Girls In The Las Vegas Juvenile Justice System, Ana Zuniga Jan 2011

An Analysis Of The History And Hardship Experienced By Girls In The Las Vegas Juvenile Justice System, Ana Zuniga

McNair Poster Presentations

Previous research has defined several factors as predictors to juvenile delinquency. Characteristics among the youth involved in criminal behavior include various home placements, running away, mental health problems, physical and sexual abuse, delinquency history, and family members with a delinquent background. These factors were analyzed in the current to observe whether the predictors were relevant to girls detained in the Las Vgeas juvenile justice system. While observing the data in this study, it appeared that predictors described in previous research were in fact present among this population. However, Further research should take an in depth look at these factors in …

Go to article

From Wood Treatment To Unequal Treatment: The Story Of The St. Regis Superfund Site, Madeline Gallo Jan 2011

From Wood Treatment To Unequal Treatment: The Story Of The St. Regis Superfund Site, Madeline Gallo

Minnesota Journal of Law & Inequality

No abstract provided.

Go to article

Racial Impact Statements: A Proactive Approach To Addressing Racial Disparities In Prison Populations, Catherine London Jan 2011

Racial Impact Statements: A Proactive Approach To Addressing Racial Disparities In Prison Populations, Catherine London

Minnesota Journal of Law & Inequality

No abstract provided.

Go to article

Masthead Vol. 29, Issue 1, Law & Inequality Editorial Board Jan 2011

Masthead Vol. 29, Issue 1, Law & Inequality Editorial Board

Minnesota Journal of Law & Inequality

No abstract provided.

Go to article

Expanding Frames Of Reference In The Work Life Policy Debate, Theodore Hall Jan 2011

Expanding Frames Of Reference In The Work Life Policy Debate, Theodore Hall

Student Works

No abstract provided.

Go to article

First Prev Next Last