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 199711 - 199740 of 546113

Full-Text Articles in Law

Reverse Payments: When The Federal Trade Commission Can Attack The Validity Of Underlying Patents, Gabrielle Lahatte Jan 2011

Reverse Payments: When The Federal Trade Commission Can Attack The Validity Of Underlying Patents, Gabrielle Lahatte

Journal of Law, Technology, & the Internet

No abstract provided.


Warrantless Use Of Gps Tracking Devices: Fourth Amendment Protection Restored Through Application Of An Analytical Framework, The, David Myers Jan 2011

Warrantless Use Of Gps Tracking Devices: Fourth Amendment Protection Restored Through Application Of An Analytical Framework, The, David Myers

Journal of Law, Technology, & the Internet

No abstract provided.


Todd Flemal V. Utah Labor Commission, Chad Ewing, D.B.A Italian Drywall And Uninsured Employers Fund : Brief Of Petitioner, Utah Court Of Appeals Jan 2011

Todd Flemal V. Utah Labor Commission, Chad Ewing, D.B.A Italian Drywall And Uninsured Employers Fund : Brief Of Petitioner, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

PETITION FOR REVIEW FROM ORDER OF THE UTAH LABOR COMMISSION


Sunnyside Coal Company V. Utah Labor Commission And Cecil Henningson : Brief Of Appellant, Utah Court Of Appeals Jan 2011

Sunnyside Coal Company V. Utah Labor Commission And Cecil Henningson : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from an Order of the Utah Labor Commission


Sherwin Seamons; Jane Seamons V. Stephen L. Brandley; Creekside Land Development, Llc.; And John Doe 1 To 10 : Brief Of Appellee, Utah Court Of Appeals Jan 2011

Sherwin Seamons; Jane Seamons V. Stephen L. Brandley; Creekside Land Development, Llc.; And John Doe 1 To 10 : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the First Judicial District Court, Cache County, State of Utah The Honorable Judge Clint Judkins.


The Abraham And Associates Trust, Micheal Robert Barker V. James M. Park, Tori L. Park, Dennis Carr, And Donnette Carr : Brief Of Appellee, Utah Court Of Appeals Jan 2011

The Abraham And Associates Trust, Micheal Robert Barker V. James M. Park, Tori L. Park, Dennis Carr, And Donnette Carr : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal From the Final Judgment of Sixth District Court for Kane County Civil No. 060600022 Judge Marvin D. Bagley


Lori Blum V. Ranier Dahl : Brief Of Appellant, Utah Court Of Appeals Jan 2011

Lori Blum V. Ranier Dahl : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

APPEAL FROM A FINAL JUDGMENT AND A FINAL ORDER/MINUTE ENTRY OF THE THIRD JUDICIAL DISTRICT COURT, IN AND FOR SALT LAKE COUNTY, THE HONORABLE ROBIN W. REESE PRESIDING.


Gde Construction Inc V. Dianne W. Leavitt : Reply Brief, Utah Court Of Appeals Jan 2011

Gde Construction Inc V. Dianne W. Leavitt : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

APPEAL FROM JUDGMENTOF THE FOURTH DISTRICT COURT, UTAH COUNTY, THE HONORABLE STEVEN HANSEN


Stephanie Reynolds V. James H. Woodall; Citibank Federal Savings Bank; Corlene Kemker Trust; Mortgage Electronic Registration Systems, Inc.; U.S. Bank, N.A.; Etitle Insurance Agency L.L.C.; And John Does Of Unknown Number; : Brief Of Appellee, Utah Court Of Appeals Jan 2011

Stephanie Reynolds V. James H. Woodall; Citibank Federal Savings Bank; Corlene Kemker Trust; Mortgage Electronic Registration Systems, Inc.; U.S. Bank, N.A.; Etitle Insurance Agency L.L.C.; And John Does Of Unknown Number; : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the Third District Court, Salt Lake County, Case No. 090919624, Judge Tyrone Medley


Davis And Sanchez, Pllc V. University Of Utah Health Care : Brief Of Appellee, Utah Court Of Appeals Jan 2011

Davis And Sanchez, Pllc V. University Of Utah Health Care : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the Judgment of the Third Judicial District Court, Salt Lake County, Judge Deno G. Himonas.


Buu Nguyen V. Ihc Health Services, Inc., A Utah Corporation, Dba Primary Chidren's Medical Center, University Of Utah Hospitals And Clinics, University Of Utah And State Of Utah : Brief Of Appellant, Utah Court Of Appeals Jan 2011

Buu Nguyen V. Ihc Health Services, Inc., A Utah Corporation, Dba Primary Chidren's Medical Center, University Of Utah Hospitals And Clinics, University Of Utah And State Of Utah : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the Judgment of the Honorable Sandra N. Peuler, Judge of the Third Judicial District Court, Salt Lake County, State of Utah


Utah V. Carl Stringham : Brief Of Appellant, Utah Court Of Appeals Jan 2011

Utah V. Carl Stringham : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

No abstract provided.


Jonathan W. Grimes V. : Brief Of Petitioner, Utah Court Of Appeals Jan 2011

Jonathan W. Grimes V. : Brief Of Petitioner, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the Third District Court, Salt Lake County, Judge L. A. Dever.


Living Rivers V. Utah Department Of Natural Resources, Division Of Oil, Gas, And Mining : Unknown, Utah Court Of Appeals Jan 2011

Living Rivers V. Utah Department Of Natural Resources, Division Of Oil, Gas, And Mining : Unknown, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

On Appeal from the BOARD OF OIL, GAS AND MINING DEPARTMENT OF NATURAL RESOURCES STATE OF UTAH Docket No. 2010-029 — Cause No. UIC-358.1


Ricky Cunningham V. Utah : Addendum, Utah Court Of Appeals Jan 2011

Ricky Cunningham V. Utah : Addendum, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Pro-Se Appellant Ricky Cunningham comes now to submit addendum A, and addendum B to appellant's opening brief.


Who Cares About The Rights Of Indigenous Children - Infanticide In Brazilian Indian Tribes, Aquila Mazzinghy Alvarenga Jan 2011

Who Cares About The Rights Of Indigenous Children - Infanticide In Brazilian Indian Tribes, Aquila Mazzinghy Alvarenga

UC Law SF Journal on Gender and Justice

In some parts of this world, children are abandoned or even buried alive when their tribes-their own families-consider them dangerous to the well-being of the group. Scholars and advocates have largely framed the discourse on infanticide in indigenous tribes as a conflict between the rights of indigenous peoples to preserve and practice their cultures, and internationally-recognized individual rights that forbid infanticide. This Article examines infanticide in indigenous tribes in Brazil and argues that cultural diversity cannot be invoked to justify indigenous infanticide because life is the sine qua non condition for the existence of culture. Rather, the right to life …


Evil Women And Innocent Victims: The Effect Of Gender On California Sentences For Domestic Homicide, Ryan Elias Newby Jan 2011

Evil Women And Innocent Victims: The Effect Of Gender On California Sentences For Domestic Homicide, Ryan Elias Newby

UC Law SF Journal on Gender and Justice

A quantitative and qualitative examination of seventy-three domestic homicide cases in California suggests that, to the extent women and men commit domestic homicide in different ways and for different reasons, their outcomes at trial are different. Women were more likely to receive weapons enhancements because of their constrained options vis-a-vis weapon choice. However, women who are able to show prior aggression by their male partners may receive lesser sentences than their male and female counterparts even though they are still convicted of an unlawful killing, i.e., when they are unable to prove perfect self-defense. This Note argues that the extent …


Automobile Consent Searches: The Driver's Options In A Lose-Lose Situation, Arthur J. Park Jan 2011

Automobile Consent Searches: The Driver's Options In A Lose-Lose Situation, Arthur J. Park

Richmond Journal of Law and the Public Interest

"Do you mind if I take a quick look in the vehicle?" This is a question that countless Americans hear every day, but very few citizens understand the ramifications of their answer. How long can the officer keep me here? What if there is something in my car that I do not know about? Can I be arrested if I refuse the search? This article will address the legal context surrounding consent searches of automobiles in order to provide some clarity to drivers and passengers that are put in this lose-lose situation.


Courts Re-Examine The Application Of Goldfinger-Era Electronic Tracking Cases To Law Enforcement Use Of Gps Tracking Devices, Joshua A. Engel Jan 2011

Courts Re-Examine The Application Of Goldfinger-Era Electronic Tracking Cases To Law Enforcement Use Of Gps Tracking Devices, Joshua A. Engel

Richmond Journal of Law and the Public Interest

GPS tracking devices have become inexpensive, small, and can easily be attached to a vehicle quickly. Law enforcement is increasingly using these devices to track the exact location of a suspect's vehicle over a long period of time. In most instances, relying on Supreme Court cases from the early 1980's, law enforcement has not sought a warrant before using these devices. This paper examines how courts have attempted to apply Supreme Court precedents based on "primitive" tracking devices to modern GPS tracking devices. These precedents established that the use of electronic tracking devices on vehicles did not constitute a search …


Appellate Judges And Philosophical Theories: Judicial Philosophy Or Mere Coincidence, Gerald R. Ferrer, Mystica Alexander Jan 2011

Appellate Judges And Philosophical Theories: Judicial Philosophy Or Mere Coincidence, Gerald R. Ferrer, Mystica Alexander

Richmond Journal of Law and the Public Interest

This paper suggests that judicial opinions often reflect ajudge's position on what is ethical and useful in the real world of constitutional values. It further suggests that an appreciation of legal philosophical theory assists one in understanding the ethical and public policy dimensions of a court's opinion. Do judges' opinions parallel philosophical theories constructed by philosophers or is any apparent relationship mere coincidence? This paper suggests the former-that a judge's belief system, education, and experiences 2 include the adoption of judicial philosophies, the expression of which can be found in his or her written opinions.


Why Can't We Be Friends - A Judicial Clerk's Guide To Social Networking, Kate Crowley Jan 2011

Why Can't We Be Friends - A Judicial Clerk's Guide To Social Networking, Kate Crowley

Richmond Journal of Law and the Public Interest

Synopsis: With the growing popularity of social media, there is an everincreasing chance that attorneys will commit an ethics violation or other lapse of discretion online. This article provides an overview of social networking and provides guidance for how judicial clerks and all attorneys can keep themselves in line when going online.


Legislative Control Of The Menhaden Fishery, Nicole M. Rovner, Matthew G. Curtis Jan 2011

Legislative Control Of The Menhaden Fishery, Nicole M. Rovner, Matthew G. Curtis

Richmond Journal of Law and the Public Interest

This year, six menhaden- related bills were introduced in the Virginia General Assembly. Delegate John Cosgrove (RChesapeake) introduced legislation in the House of Delegates that was identical to Senate Bill 765, a bill that proposed to shift oversight of the menhaden fishery to the VMRC. This article aims to highlight the unique stance taken by Virginia's legislature and explain why this management is better left to the commission responsible for managing every other fishery in the Commonwealth. While there may not be a conclusive link between reduction industry practices and a decline in water quality, Virginia's legislators should recognize the …


Notable Bills Of The 2011 General Assembly Jan 2011

Notable Bills Of The 2011 General Assembly

Richmond Journal of Law and the Public Interest

House and Senate Bills from the 2011 General Assembly


Top Jobs Act Higher Education Reform Legislation, Mark E. Rubin Jan 2011

Top Jobs Act Higher Education Reform Legislation, Mark E. Rubin

Richmond Journal of Law and the Public Interest

The most important piece of legislation affecting higher educa- tion passed by the 2011 Virginia General Assembly was Governor McDonnell's higher education reform bill. The title of the bill is quite expressive-"Preparing for the Top Jobs of the 21st Century: The Virginia Higher Education Opportunity Act of 2011," or "TJ21.", It is significant because of its breadth, its innovative ap- proach to funding, and the government relations strategy utilized to assure its passage.


From Closet To Court Room: Asylum As A Judicial Step Towards Full Equality Between Sexual Orientations, Rory Riley Jan 2011

From Closet To Court Room: Asylum As A Judicial Step Towards Full Equality Between Sexual Orientations, Rory Riley

Richmond Journal of Law and the Public Interest

Part I of this article provides a history of the federal appellate system, noting the detrimental impact circuit splits can have on the resolution of a particular legal issue. Part II sets out the history and the current state of asylum and sexual identity claims in the United States. Part III provides an analysis of when the Supreme Court has historically intervened in previous social controversies, such as segregation, interracial marriage, and gay rights in the context of substantive due process. Part IV discusses the importance of timely Supreme Court intervention in asylum sexual identity matters, particularly as issues surrounding …


Future Of Equality For Virginia's Tribes: Reform The Federal Recognition Process To Repair Injustice,, Katherine Womack Jan 2011

Future Of Equality For Virginia's Tribes: Reform The Federal Recognition Process To Repair Injustice,, Katherine Womack

Richmond Journal of Law and the Public Interest

This article first examines the historical background of the Virginian-American Indian identity after European contact in Part I. This section looks at the early interactions between American Indians and colonial settlers, the treaties that defined American Indian identity, and the first government-to-government relationships between the tribes and colonial powers. It also follows the changing social attitudes toward American Indians. Part II discusses how social attitudes in the early twentieth century about American Indians led to longreaching legal effects for Virginian-American Indians. Part III details the federal recognition process, and discusses how and why it denies Virginia's tribes an equal place …


Renee Spall-Goldsmith V. Willard Leroy Goldsmith Iv : Brief Of Appellant, Utah Court Of Appeals Jan 2011

Renee Spall-Goldsmith V. Willard Leroy Goldsmith Iv : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

IN THE COURT OF APPEALS STATE OF UTAH RENEE SPALL-GOLDSMITH, Petitioner/Appellee, vs. WILLARD LEROY GOLDSMITH IV, Respondent/Appellant. Appellate Case No. 20110628 [District Court Case No. 084300172] [Trial Judge: STEPHEN L. HENRIOD] [Judge's Decision Appealed from: Honorable ROBERT ADKINS] Appeal from the Judgment and Findings of Fact and Conclusions of Law on Bifurcated Decree of Divorce entered June 20,2009 by the Honorable ROBERT ADKINS AMENDED APPELLANT'S OPENING BRIEF OLIVIA D. UITTO, Ph.D. Attorney at Law P.O. Box 711872 Salt Lake City, UT 84171 Fax: (***) PRIVATE Telephone: (801) 598-2216 Attorney for Petitioner/Appellee VERNON C. JOLLEY 6906 JOHN J. DIAMOND 10092 Jolley …


In The Matter Of The Discipline Of Thomas V. Rasmussen : Brief Of Appellant, Utah Court Of Appeals Jan 2011

In The Matter Of The Discipline Of Thomas V. Rasmussen : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

A DIRECT APPEAL FROM THE FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER OF DISBARMENT ENTERED BY THE THIRJD JUDICIAL DISTRICT COURT, COUNTY OF SALT LAKE, STATE OF UTAH.


Midland Funding Llc V. Kenneth Pipkin : Reply Brief, Utah Court Of Appeals Jan 2011

Midland Funding Llc V. Kenneth Pipkin : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

On Appeal from the Fifth Judicial District Court, State of Utah, Washington County, St George Department, Case No. 110500860 Judge Eric A. Ludlow.


State Of Utah V. Milo Simons : Reply Brief, Utah Court Of Appeals Jan 2011

State Of Utah V. Milo Simons : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

REPLY BRIEF OF PETITIONER UPON WRIT OF CERTIORARI