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Topa Insurance Compnay, Plaintiffs/Appellee. V. The Estate Of Judy Kay Anderson Pedersen : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the Third Judicial District Court, Salt Lake County, before the Honorable Matthew Bates, District Court No. 210903078

Peter H. Christensen Marshall J. Hendrickson Spencer Brown STRONG & HANNI Salt Lake City, Utah 84111 Counsel for Appellee Topa Insurance Company and United Underwriters, Inc. d/b/a United Insurance Group

David A. Cutt Margie G. Coles CUTT KENDELL & OLSON Attorneys for Appellants Shane Stegen and Hailey Morrison

State Of Utah V. Joshua Clayton Nelson, Defendant/Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the Fourth Judicial District Court, Wasatch County, Utah, the Honorable Jennifer A. Mabey presiding, District Court No. 211500195

SCOTT H. SWEAT, BAR NO. 06143 S. CASE WADE, BAR NO. 14829 WASATCH COUNTY ATTORNEYS Counsel for Appellee

BENJAMIN MILLER, BAR NO. 7200 Debra M. Nelson, Bar No. 9176 Utah Indigent Appellate Defense Counsel for Appellant

Ndls Communicator: Week Of 08.21.23, Notre Dame Law School

NDLS Communicator

The Latest News

• Eight new faculty members are joining Notre Dame Law School for the 2023-24 academic year.
• They include: Professor of Law Derek Muller, Associate Professor of Law Michael Francus, Associate Professor of Law Rev. Patrick Reidy, C.S.C., and Visiting Assistant Professor of Law Jorge Barrera-Rojas.
• Associate Teaching Professor Kari Gallagher, Associate Teaching Professor Jacqueline Carney, and Associate Teaching Professor Kristina Swanson are new faculty in the Legal Writing Program.
• Michael Greenlee has joined the faculty as associate director of the Kresge Law Library.
• Congratulations to Stefan McDaniel on being appointed an associate professor of law. He has served …

Does The 1l Curriculum Make A Difference?, David A. Hyman, Jing Liu, Joshua C. Teitelbaum

Georgetown Law Faculty Publications and Other Works

Georgetown Law’s Curriculum B (also known as Section 3) offers a unique opportunity to study an alternative 1L curriculum. The standard 1L curriculum has been around for decades and is still offered at the vast majority of U.S. law schools. Leaders in the legal academy often talk about experimenting with the 1L curriculum, but hardly anyone does it. Georgetown Law has. We study whether Georgetown’s Curriculum B yields measurable differences in student outcomes. Our empirical design leverages the fact that enrollment in Curriculum B is done by lottery when it is oversubscribed—meaning our study is effectively a randomized controlled trial. …

It’S About Time: Tennessee’S Modernization Of Juvenile Sentencing And Where To Go From Here, Blake Lee, J.D.

Lincoln Memorial University Law Review Archive

Tennessee has long been considered the harshest in the nation regarding its treatment of minors convicted of first-degree murder. After the United States Supreme Court determined that automatic life sentences for juveniles violated the Eighth Amendment in Miller v. Alabama, many states began the process of reforming their sentencing statutes. Tennessee did not follow this trend, as the law on the books did not prescribe a “life sentence” to youthful homicide offenders. Rather, Tennessee’s sentencing statute automatically sentenced juveniles convicted of first-degree murder to a lengthy “term of years,” and as a result, did not fall within the reach …

The Verkhovna Rada Should Establish Courts Of Limited Jurisdiction With Both Civil And Criminal Jurisdiction As Part Of Ukrainian Judicial Reform, Gregory D. Smith, J.D.

Lincoln Memorial University Law Review Archive

This article offers suggestions to the Ukraine Parliament on how to create an effective small claims court that addresses misdemeanor criminal cases, preliminary hearings and limited damages civil jurisdiction. The paper is one of nine papers presented by American judges offering prototype blueprints for the three basic levels of courts in Ukraine. Three judges addressed appeals, three judges addressed general jurisdiction courts, and this paper was one of the three papers addressing limited jurisdiction courts. The papers were written at the request of the National Judicial College and USAid.gov to guide Ukraine’s efforts to strengthen their judiciary. The author is …

Defamation In The Twenty First Century: Some Observations And A Brief Taxonomy, John G. Culhane

Lincoln Memorial University Law Review Archive

Defamation law has had a bumpy ride lately. Designed as a mechanism for the restoration of unfairly sullied reputations, recent high-profile cases have revealed the tort’s limitations in the era of social media saturation and virality. Some of these cases should never have been brought, while others would more naturally have been based in other torts, including intentional infliction of emotional distress or interference with business relations.

Beginning with a brief, targeted history of defamation law that focuses on its essential purpose, this article then discusses several recent, high-profile cases that have both exposed the limitations of defamation law and …

Justice Today, Peace Tomorrow: Reinventing The Crime Of Aggression In The Age Of Putin, Braden Kundert

Lincoln Memorial University Law Review Archive

War. One word can conjure up so much: suffering, instability, chaos, destruction, and death. It is no wonder then that many countries have condemned Russia’s invasion of Ukraine. Though many governments have given aid to Ukraine and sanctioned Russia, much of the world has still been somewhat paralyzed, recognizing the danger that Russia’s lawless actions have put the world in, but unable to do anything about it. Now, as talk has turned to war crimes tribunals, it is vital that we remember a critical feature of international criminal law: the crime of aggression.

The crime of aggression, also known as …

Prosecutorial Actus Reus: Appellate Review Of Prosecutorial Misconduct And The Diminishment Of Responsibility, Elizabeth Griffiths, Heather L. Scheuerman, Sandy Xie

International Journal on Responsibility

The socio-historical concept of criminal responsibility links the action (actus reus) and mental state (mens rea), or intention, of the actor (i.e., the defendant) to determine legal and moral liability for his or her behavior and to apportion punishment. When the actor responsible for immoral conduct is the prosecutor in pursuit of a conviction, the courts respond very differently. More specifically, because prosecutors are presumed to be moral and ethical system actors, assumptions about their good character likely influence the ways in which they are held to account. This study explores the content and arguments made …

Examining Remorse In Attributions Of Focal Concerns During Sentencing: A Study Of Probation Officers, Colleen M. Berryessa

International Journal on Responsibility

This research, using interviews with probation officers in the United States (n = 151) and a constant comparative method for analysis, draws from the focal concerns framework to qualitatively model a process by which probation officers use a defendant’s remorse to attribute focal concerns in order to guide their sentencing recommendations in pre-sentencing reports. The model suggests that officers use expressions of remorse to make attributions about mitigated criminal intention (blameworthiness and notions of responsibility), reduced dangerousness and a high potential for reform (community protection), and organization-level effects for increasing caseload efficiency and using correctional resources (practical effects of …

Cardozo Law News Brief: August 18, 2023, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2023

Featured Faculty:

• Pamela Foohey
• Peter Goodrich
• Young Ran (Christine) Kim

Campus News:

• Meet the Cardozo Class of 2026!
• Cardozo Hosts 2023 Intellectual Property Scholars Conference
• Perlmutter Center Deputy Director Derrick Hamilton Pens Op-Ed in NY Daily News

Doctors’ Duty To Provide Abortion Information, Michelle Oberman, Lisa Soleymani Lehmann

Faculty Publications

With abortion remaining legal in over half of the country and a proliferation of websites offering information on how to access abortion medications, ending an unwanted early-stage pregnancy remains surprisingly easy. That is, easy for those who know where to look. But not all patients have equal access to reliable information. This Article addresses the urgent downstream harms caused by the lack of access to abortion information, particularly among the most vulnerable Americans, and argues that, in view of these consequences, regardless of abortion’s legal status, clinicians have a duty to provide their patients with abortion information.

We begin with …

Abortion Counseling, Liability, And The First Amendment, Michelle Oberman, Katie Watson

Faculty Publications

No abstract provided.

Against Silence: Why Doctors Are Obligated To Provide Abortion, Michelle Oberman

Faculty Publications

As a lawyer, I have long been interested in the gap between law and the books and law in practice. In 2008, this curiosity led me to Latin America, where I began studying the impact of the world's most restrictive abortion bans. My first stop was Chile, which at the time banned abortion under all conditions–– there was not even an exception to save women's lives. Raised on the history of what happened when abortion was illegal in the United States prior to Roe v. Wade, I knew asking doctors to share their experiences was one way to gauge the …

On Effective Campus Ministry At A Catholic Law School: The Impact Of Sister Grace Walle At St. Mary’S University School Of Law, Caitlin Hennessy

St. Mary's Law Journal

No abstract provided.

Are Handguns A Matter Of Privacy?, Bret N. Bogenschneider

St. Mary's Law Journal

The thesis developed in this Article is that the Heller and Bruen cases involved primarily right-to-privacy concerns. By its terms, the Second Amendment involves the collective right to bear Arms in connection to regulated militia service and does not mention handguns. Handguns were not “ordinary military weapons” employed by a militia at the time of the American revolution under the originalist view. The Ninth and Fourteenth Amendments are more appropriate sources for an individual privacy right related to the possession of handguns for private purposes, such as for self-defense or suicide. However, a prohibition of handguns under this approach would …

Texans Shortlisted For The U.S. Supreme Court: Why Did Lightning Only Strike Once?, The Honorable John G. Browning

St. Mary's Law Journal

No abstract provided.

Texas Juvenile Justice: The Need For A “Second Look” At Juvenile Prison Sentences, Kyle Jenkins

St. Mary's Law Journal

No abstract provided.

Does The Prohibition Of Counter-Supersedeas Against The State Prohibit Any Action With The Same Result?—A Look At In Re Texas Education Agency, Heather C. Montoya

St. Mary's Law Journal

No abstract provided.

The History Of Forensic-Science Evidence In Criminal Trials And The Role Of Early “Success” In Establishing Its Putative Reliability, Carrie Leonetti

St. Mary's Law Journal

This Article posits the history of forensic-science evidence plays a significant role in the unquestioning manner of its modern acceptance. It traces early high-profile forensic science “successes” and the public reactions to them. It argues the public perception of the “advances” of forensic science continues to play a role in the lack of scrutiny given to these disciplines in admissibility decisions today. It concludes, when it comes to forensic science, history should play a different role by serving as a critical warning rather than a congratulatory buttress.

Lone Star Crime: The Criminal Enforcement Of Environmental Law In The State Of Texas, Dr. Joshua Ozymy, Dr. Melissa Jarrell Ozymy

St. Mary's Law Journal

Most transgressions of environmental law in the United States are remedied with civil or administrative tools. When crimes involve significant harm or culpable conduct, criminal enforcement tools may be applied. With the importance of environmental criminal enforcement for punishing offenders and deterring future offenses, we still have little empirical understanding of this phenomenon in Texas. We use content analysis of 2,588 federal environmental criminal prosecutions that result from EPA criminal investigations from 1983 to 2019 and select all prosecutions occurring in Texas. Our approach allows us to explore prosecution patterns over time, examine charging and sentencing trends, and draw out …

The Lawyer’S Law School And The Metropolis: Two Law Schools’ Missions, Carlos R. Rosende

St. Mary's Law Journal

No abstract provided.

Cita B. Litt, And Jack Litt, Llc, Plaintiffs / Appellants, V. Haynie & Co., David Peterson, And Daniel Baird Defendants / Appellees : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On Appeal from the Third Judicial District Court, Salt Lake County The Honorable Keith Kelly, District Judge, Presiding District Court No. 180905220

John W. MacKay, Ryan W. Smith, Attorneys for Plaintiffs/Appellants

Vincent J. Velardo, Thomas J. Rollins, Attorney for Defendants/Appellees

The Next Required Law School Course: History Of America’S Foundings, Kevin Frazier

St. Mary's Law Journal

No abstract provided.

Board Of Pharmacy, Shannon Dart, Angela O’Hara

California Regulatory Law Reporter

No abstract provided.

Louisville’S Cj Ryan To Join Indiana Law In January, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

Adding to an already impressive list of new faculty, the Indiana University Maurer School of Law is pleased to announce CJ Ryan, of the University of Louisville Brandeis School of Law, will join the Law School for the start of the spring 2024 semester.

In addition to his role on the Brandeis faculty, Ryan is an affiliated scholar at the American Bar Foundation.

Prisoner Of War Status And Nationals Of A Detaining Power, W. Casey Biggerstaff, Michael N. Schmitt

International Law Studies

This article examines whether a Detaining State is obliged to recognize prisoner of war status for its own nationals under Article 4A of the 1949 Geneva Convention III. It begins with an assessment of that article from the perspective of established principles for construing treaty provisions. It then adds context to that assessment by examining relevant scholarship and State practice regarding its prescriptions before and after the Convention’s negotiation and adoption. Although it concludes that denying prisoner of war status to a national of the Detaining Power is the more persuasive interpretation of Article 4A, it concludes by highlighting the …

John Dinsdale Hillam, Appellee V. Tara Hillam, Appellant., V. Dustin Hancock As Investment Trustee, Et Al : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On Appeal from the Second Judicial District Court, Davis County, Honorable David J. Williams, Case No. 174700031

Julie J. Nelson, Attorneys for Appellee John Hillam, Stacy J. McNeill, Joshua L. Lee, Attorneys for Trust Appellees

Bart J. Johnsen, Alan S. Mouritsen, Attorneys for Appellant Loveland

S86, Llc, A Utah Limited Liability Company, Plaintiff/Appellant V. Wing Enterprises, Incorporated, A Utah Corporation; Arthur Wing, An Individual, Defendants / Appellees : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On Appeal from the Fourth Judicial District Court, Utah County, Honorable Derek P. Pullan

Jefferson W. Gross, S. Ian Hiatt, J. Adam Sorenson, Attorneys for Appellant/Plaintiff

Mark O. Morris, Cameron J. Cutler, Benjamin J. Mills, Attorneys for Appellees/Defendants

State Of Utah, Plaintiff/Petitioner V. Brevan Bringhurst Baugh, Defendant/Respondent. : Brief Of Respondent, Utah Supreme Court

Utah Supreme Court Briefs (2021– )

On Writ of Certiorari to the Utah Court of Appeals

William M. Hains, Sean Reyes, Counsel for Petitioner

Freyja Johnson, Emily Adams, Melissa Jo Townsend, Counsel for Respondent