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Full-Text Articles in Law

Rhonda H. Malloy V. Mary Beth Malloy : Brief Of Appellee, Utah Court Of Appeals Jan 2011

Rhonda H. Malloy V. Mary Beth Malloy : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

ON APPEAL FROM THE SECOND DISTRICT COURT, WEBER COUNTY UTAH


Carlos Vorher V. Honorable Stephen Henriod : Brief Of Appellant, Utah Court Of Appeals Jan 2011

Carlos Vorher V. Honorable Stephen Henriod : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the decision of the Utah Court of Appeals holding that the district court made no mistake of law and did not abuse its discretion when it sentenced the Appellant more severely on his voyeurism conviction following his de novo trial than the justice court had sentenced. Petition for Writ of Certiorari was granted by this Court by order entered November 15, 2011.


Deron Brunson V. Bank Of New York Mellon : Brief Of Appellant And Demand For Transparency, Utah Court Of Appeals Jan 2011

Deron Brunson V. Bank Of New York Mellon : Brief Of Appellant And Demand For Transparency, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from a order denying a motion for temporary restraining order and dismissing case with prejudice. In the 3rd Judicial District Court, Salt Lake County, State of Utah, the Honorable Paul Maughan, Presiding.


Deron Brunson V. Bank Of New York Mellon : Brief Of Appellee, Utah Court Of Appeals Jan 2011

Deron Brunson V. Bank Of New York Mellon : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

IN THE UTAH COURT OF APPEALS DERON BRUNSON, Plaintiff and Appellant, v. THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATE HOLDERS CWALT, INC., ALTERNATIVE LOAN TRUST 2005-58 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-58, AND RECONTRUST COMPANY, N.A., GREEN TREE SERVICING, LLC, and JOHN DOES OF UNKNOWN NUMBER, Defendants-Appellees. Appellate Case No. 20110854 Trial Court Case No. 100913085 BRIEF OF APPELLEE GREEN TREE SERVICING, LLC Deron Brunson 138 E. 12300 S.#C-1 Draper, Utah 84020 Plaintiff-Appellant Darren K. Nelson, Esq. Michael D. Black, Esq. John P. Snow, Esq. PARR BROWN GEE & LOVELESS 185 …


State Of Utah V. Echo Marne Kurr : Brief Of Appellant, Utah Court Of Appeals Jan 2011

State Of Utah V. Echo Marne Kurr : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from a conviction for one count of Retail Theft, a Third Degree Felony, in violation of Utah Code Ann. § 76-6-602 in the Second District Court, State of Utah, the Honorable Noel S. Hyde, Judge, presiding.


State Of Utah V. Echo Marne Kurr : Brief Of Appellee, Utah Court Of Appeals Jan 2011

State Of Utah V. Echo Marne Kurr : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from a conviction for retail theft with prior convictions, a third degree felony, in the Second Judicial District Court of Utah, Weber County, the Honorable Noel S. Hyde presiding.


Schroeder Investments V. Clyde C. Edwards, Linda K. Edwards, Utah Department Of Transportation : Brief Of Appellant, Utah Court Of Appeals Jan 2011

Schroeder Investments V. Clyde C. Edwards, Linda K. Edwards, Utah Department Of Transportation : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

OPENING BRIEF OF APPELLANT


Provo City V. Department Of Workforce, Serices, Workforce Appeals Board, And Jason R. Smith : Reply Brief, Utah Court Of Appeals Jan 2011

Provo City V. Department Of Workforce, Serices, Workforce Appeals Board, And Jason R. Smith : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from decision of the Workforce Appeals Board affirming the decision of an administrative law judge allowing unemployment benefits to Jason Smith


North Fork Special Service District V. Bennion : Reply Brief, Utah Court Of Appeals Jan 2011

North Fork Special Service District V. Bennion : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

APPEAL FROM A FINAL ORDER OF SUMMARY JUDGMENT OF THE FOURTH DISTRICT COURT, IN AND FOR UTAH COUNTY, STATE OF UTAH, THE HONORABLE STEVEN L. HANSEN PRESIDING


North Fork Special Service District V. Robert Bennion : Brief Of Appellant, Utah Court Of Appeals Jan 2011

North Fork Special Service District V. Robert Bennion : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

APPEAL FROM A FINAL ORDER OF SUMMARY JUDGMENT OF THE FOURTH DISTRICT COURT, IN AND FOR UTAH COUNTY, STATE OF UTAH, THE HONORABLE STEVEN L. HANSEN PRESIDING.


Penny R. Hartle V. Donald Hartle : Brief Of Appellee, Utah Court Of Appeals Jan 2011

Penny R. Hartle V. Donald Hartle : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

No abstract provided.


Bv Lending, Llc V. Jordanelle Special Service District : Reply Brief, Utah Court Of Appeals Jan 2011

Bv Lending, Llc V. Jordanelle Special Service District : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from a Final Order of the Fourth Judicial District Court for Wasatch County, Judge Derek P. Pullan Presiding Civil No. 100500444


State Of Utah V. Julio I. Martinez : Brief Of Appellant, Utah Court Of Appeals Jan 2011

State Of Utah V. Julio I. Martinez : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

No abstract provided.


State Of Utah V. Julio I. Martinez : Brief Of Appellee, Utah Court Of Appeals Jan 2011

State Of Utah V. Julio I. Martinez : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

No abstract provided.


Utah V. Fernando Gonzalez-Camargo : Brief Of Appellee, Utah Court Of Appeals Jan 2011

Utah V. Fernando Gonzalez-Camargo : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from convictions for possession of methamphetamine, a third degree felony, and receiving stolen property, a class B misdemeanor, in the Third Judicial District Court of Utah, Salt Lake County, the Honorable Royal I. Hansen presiding


Steven Van Den Eikhof V. Vista School : Brief Of Appellee, Utah Court Of Appeals Jan 2011

Steven Van Den Eikhof V. Vista School : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the Fifth Judicial Court, Washington county, Honorable G. Rand Beacham


Use And Disposition Of Life Insurance In Dissolution Of Marriage, Jani Maurer Jan 2011

Use And Disposition Of Life Insurance In Dissolution Of Marriage, Jani Maurer

Barry Law Review

This article explores life insurance considerations in Florida dissolution of marriage proceedings, reviews current applicable law, and suggests methods of effectively dealing with life insurance in the divorce context.


Therapeutic Jurisprudence And Family-Friendly Criminal Law Practice, David B. Wexler Jan 2011

Therapeutic Jurisprudence And Family-Friendly Criminal Law Practice, David B. Wexler

Barry Law Review

No abstract provided.


Collaborative Law: Recognizing The Need For A New Default Method Of Family Law Resolution, Marsha B. Freeman Jan 2011

Collaborative Law: Recognizing The Need For A New Default Method Of Family Law Resolution, Marsha B. Freeman

Barry Law Review

No abstract provided.


Collaborative Law: A Better Way For Families, Alice L. Blackwell Jan 2011

Collaborative Law: A Better Way For Families, Alice L. Blackwell

Barry Law Review

No abstract provided.


More Therapeutic, Less Collaborative? Asserting The Psychotherapist-Patient Privilege On Behalf Of Mature Minors, Bernard P. Perlmutter Jan 2011

More Therapeutic, Less Collaborative? Asserting The Psychotherapist-Patient Privilege On Behalf Of Mature Minors, Bernard P. Perlmutter

Barry Law Review

No abstract provided.


Juvenile Sentencing In The Wake Of Graham V. Florida: A Look Into Uncharted Territory, Leanne Palmer Jan 2011

Juvenile Sentencing In The Wake Of Graham V. Florida: A Look Into Uncharted Territory, Leanne Palmer

Barry Law Review

No abstract provided.


Supporting The Florida Legal Community's Response To Graham V. Florida, Ilona P. Vila Jan 2011

Supporting The Florida Legal Community's Response To Graham V. Florida, Ilona P. Vila

Barry Law Review

No abstract provided.


Silence Of The Spam: Improving The Can-Spam Act By Including An Expanded Private Cause Of Action, David J. Rutenberg Jan 2011

Silence Of The Spam: Improving The Can-Spam Act By Including An Expanded Private Cause Of Action, David J. Rutenberg

Vanderbilt Journal of Entertainment & Technology Law

In the last decade, email spam has become more than just an annoyance for email users. Unsolicited messages now comprise more than 95 percent of all email sent worldwide. This costs US businesses billions of dollars in lost productivity each year. The US Congress passed the CAN-SPAM Act of 2003 to regulate the spam industry. Unfortunately, data show that spam only increased since the Act's passage. Part of the reason for this failure is that the Act only authorizes the Federal Trade Commission, state attorneys general, and Internet Service Providers to bring action under its provisions. Each of these authorized …


The Constitutionality Of Collateral Post-Conviction Claims Of Actual Innocence Comment., Craig M. Jacobs Jan 2011

The Constitutionality Of Collateral Post-Conviction Claims Of Actual Innocence Comment., Craig M. Jacobs

St. Mary's Law Journal

The notion that the state can punish innocent people disrupts public confidence in the usefulness of the criminal justice system. If, by legislative design, the criminal justice system is not concerned with or is accepting of situations where innocent people are punished by the state, should courts take immediate action? Once criminal defendants exhaust the appellate process, Supreme Court Justices have stated, federal courts should not hear claims of actual innocence. Such statements are supported by the federal habeas corpus statute as amended by the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). AEDPA requires federal habeas courts to …


Respecting The Concept And Limited Liability Of A Series Llc In Texas Comment., Bernie R. Kray Jan 2011

Respecting The Concept And Limited Liability Of A Series Llc In Texas Comment., Bernie R. Kray

St. Mary's Law Journal

The primary advantage of a limited liability company (LLC) is to shield owners from personal liability for the contract and tort obligations of their business entities. To further protect business assets, practitioners often advised clients to form multiple LLCs, each containing single assets. Yet, business owners managing multiple assets and LLCs often found this approach ineffective and cost-prohibitive. Allowing for a single “master” LLC to compartmentalize different series of properties without the need for a distinct holding company, the “series” LLC was the next step. The series LLC permits companies to partition assets and liabilities among various cells or “series,” …


The Origins, Nature, And Promise Of Empirical Legal Studies And A Response To Concerns, Theodore Eisenberg Jan 2011

The Origins, Nature, And Promise Of Empirical Legal Studies And A Response To Concerns, Theodore Eisenberg

Cornell Law Faculty Publications

This Article describes the origins of three movements in legal academia: empirical legal studies (ELS), law and society, and law and economics. It then quantifies the distribution across scholarly fields (for example, economics and psychology) of authors in these movements’ journals and reports the impact of the movements’ scholarly journals. By focusing on two leading law and economics journals, this Article also explores the effect of a journal being centered in law schools rather than in a social science discipline. It suggests that ELS has achieved rapid growth and impact within the academic legal community because of (1) its association …


Wall Street As Community Of Fate: Toward Financial Industry Self-Regulation, Saule T. Omarova Jan 2011

Wall Street As Community Of Fate: Toward Financial Industry Self-Regulation, Saule T. Omarova

Cornell Law Faculty Publications

This Article proposes an approach to regulatory design that aims to create structural incentives for the emergence of a new model of embedded self-regulation in the financial industry. Without a doubt, the ideas laid out in this Article are more of a thought experiment than a polished set of fully developed regulatory proposals. These ideas and suggestions need a great deal of additional thought and a deeper, more granular and rigorous analysis of their potential consequences, benefits, and costs. Moreover, this Article explores only how to create conditions conducive to the emergence of comprehensive industry self-regulation that is embedded in …


Responses To The Ten Questions, Aziz Rana Jan 2011

Responses To The Ten Questions, Aziz Rana

Cornell Law Faculty Publications

This essay responds to a question posed by the William Mitchell Law Review for its annual national security issue: Has Obama Improved Bush's National Security Policies? I maintain that Obama Administration practices have been marked by striking continuities with those of the previous Administration. I then attempt to explain these continuities by discussing how American policymakers across the political spectrum share basic assumptions about the concept of national security and the need for an aggressive and interventionist foreign policy.


Russia & Legal Harmonization: An Historical Inquiry Into Ip Reform As Global Convergence And Resistance, Boris N. Mamlyuk Jan 2011

Russia & Legal Harmonization: An Historical Inquiry Into Ip Reform As Global Convergence And Resistance, Boris N. Mamlyuk

Cornell Law Faculty Publications

This Article examines several waves of intellectual property (IP) regulation reform in Russia, starting with an examination into early Soviet attempts to regulate intellectual property. Historical analysis is useful to illustrate areas of theoretical convergence, divergence, and tension between state ideology, positive law, and "law in action." The relevance of these tensions for post-Soviet legal reform may appear tenuous. However, insofar as IP enforcement has emerged as one of the largest hurdles for Russia's prolonged accession to the World Trade Organization (WTO), these historical precedents may help explain Russia's apparent theoretical and political disconnect from the WTO. If Russian policymakers …