Law Commons^™

David Freestone, Janet Freestone. Plaintiffs/Appellants. V. Linda Povey, Mid-Century Insurance Company, Farmers Insurance Group Of Companies. Defendants/Appellee : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

APPEAL FROM THE SECOND JUDICIAL DISTRICT COURT IN AND FOR WEBER COUNTY, STATE OF UTAH, FROM AN ORDER WHICH GRANTED SUMMARY JUDGMENT IN FAVOR OF THE DEFENDANTS, BEFORE THЕ HONORABLE JENNIFER VALENCIA CIVIL NO. 210901418

Stuart H. Schultz, Chet W. Nielson, Attorneys for Appellees/Defendants

Brett D. Cragun, Attorneys for Appellants/Plaintiffs

Freestone, Plaintiffs V. Linda Povey; Mid­ Century Insurance Company : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

APPEAL FROM THE SECOND JUDICIAL DISTRICT COURT IN AND FOR WEBER COUNTY, STATE OF UTAH, FROM AN ORDER WHICH GRANTED SUMMARY JUDGMENT IN FAVOR OF THE DEFENDANTS, BEFORE THE HONORABLE JENNIFER VALENCIA CIVIL NO. 210901418

Stuart H. Schultz Chet W. Nielson STRONG & HANNI Attorneys for Appellees/Defendants

Brett D. Cragun CRAGUN & CRAGUN Attorneys for Appellants/Plaintiffs

Transforming Unemployment Insurance For The Twenty-First Century: A Comprehensive Guide To Reform, Stephen A. Wandner

Upjohn Press

This book proposes options and recommendations for comprehensive reform of the unemployment insurance program that was initiated as a social insurance program by the Social Security Act of 1935. It documents the development of the program and its decline since the 1970s. Reform proposals and recommendations are synthesized from reforms suggested by policy analysts and researchers over many decades.

Policy Formulation For Managing Ship-Generated Plastic Waste Via Improved Port Reception Facility Governance, Rika Kurniaty, Setyo Widagdo, Yasniar Rachmawati Madjid, Rafly Reyhan Al Kharji, Arsella Imanda Putri

Indonesian Journal of International Law

Plastic is a significant portion of marine debris, ranging from 60% to 80%. Historically, ships have been a major contributor to plastic pollution in the ocean, followed by Indonesia, which is acknowledged as the second-largest originator. Global efforts to combat marine pollution, including plastic waste, have been undertaken through international agreements like MARPOL Annex V. This agreement has mandated countries to establish suitable port facilities for ship-generated wastes. However, an assessment of Indonesian ports indicated insufficient compliance with environmental management standards, particularly in waste handling. The current direct fee policy for waste disposal may disincentivize proper waste disposal by ship …

Safeguarding Sovereignty: Indonesia's Solution To The Raw Materials Case In Wto, Muhammad Reza Syariffudin Zaki, Muhammad Haykal Armanto, Rafsi Azzam Hibatullah Albar, Stefan Koos

Indonesian Journal of International Law

Indonesia’s export restriction on raw materials was based upon Law No. 4 of 2009 on Mineral and Coal Mining as amended with Law No. 3 of 2020. January 1^st of 2020 marks nickel to be the first mineral to be affected by the raw mineral export ban policy. This measure has sparked a controversy in the international community, as the European Union deemed that this measure is against the principles of the World Trade Organization of nonrestrictive trade policies. This phenomenon was brought to the Dispute Settlement Body of the WTO as DS592 – Indonesia Measures Relating to Raw …

Evaluation Of The Electronic Bill Of Lading As An Alternative To The Traditional Bill Of Lading In Proving The Maritime Transport Contract In Light Of Jordanian Legislation: A Comparative Study With Modern International Agreements, Mohammad Khalil

Jordan Journal of Applied Science-Humanities Series

This study aimed to evaluate the electronic bill of lading as an alternative to the traditional bill of lading in proving the contract of sea carriage of goods. The research problem revolved around understanding the extent to which the electronic bill of lading serves as a substitute for the traditional bill of lading in proving the maritime transport contract in light of Jordanian legislation. To address this problem, we divided the study into two sections: The first section discussed the nature of the traditional bill of lading and its role in proving the maritime transport contract. The second section focused …

The Effectiveness Of Arbitration In Maritime Disputes According To Uae Arbitration Law No. 6 Of 2018 And International Agreements, Salha Al-Khallafi, Emad Al Dein Abd Elhay

Jordan Journal of Applied Science-Humanities Series

This study addresses an important topic in maritime arbitration, specifically the legal and practical solutions to the problems arising from arbitration in maritime disputes in light of UAE Arbitration Law No. 6 of 2018 and international agreements. The research is divided into two sections. The first section discusses the importance of arbitration in maritime disputes and is subdivided into two parts. The first part defines arbitration in maritime disputes, exploring the international, commercial, and maritime nature of such disputes. The second part examines the nature of arbitration in maritime disputes, specifically addressing whether maritime arbitration applies to contractual or non-contractual …

Multimodal Transport In Jordan According To The Multimodal International Transport Law No. 29 Of 2018: A Comparative Study, Mohammad Khalil

Jordan Journal of Applied Science-Humanities Series

This study aims to evaluate the provisions of Multimodal International Transport Law No. 29 of 2018 in comparison with the latest international conventions in this field, specifically the Rotterdam Convention of 2008 and the Multimodal Arab Transport Convention of 2009. The problem of the study focuses on answering the following question: Have national legislations and international or regional conventions succeeded in achieving the unity of the legislative regulation of multimodal transport contracts at the international level? Or are we still in need of a binding, unified international convention given the lack of enforcement of the United Nations Convention of 1980? …

Direito, Saneamento E Sustentabilidade: Uma Análise Comparativa Entre Municípios Do Estado De Santa Catarina, Brasil, E Da Província De Ontário, Canadá À Luz Dos Objetivos Do Desenvolvimento Sustentável 6 E 11, Claudio Antonio Klaus Junior

University of the Pacific, McGeorge School of Law Dissertations

The relevance of sanitation and sustainability is manifested in the promotion of public health, improvement of quality of life, and ensuring access to basic services as essential human rights. The comparative analysis between the cities of Caçador, Videira, and Concórdia, in Santa Catarina, in Brasil, and Sault Ste. Marie, Thunder Bay, North Bay, Chatham-Kent, Woodstock, and Kenora, in Ontário, in Canadá, allows for the identification of differences and similarities in sanitation systems, understanding of challenges and opportunities, and consequently, the foundation for effective public policies aimed at improving access to sanitation. The present study aims to analyze the situation of …

Linzi Labrum-Garner, Petitioner V. Utah State Bar, Respondent : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2021– )

Utah State Bar’s Decision on Attorney Applicant

Emily Lee Maribeth LeHoux UTAH STATE BAR Counsel for Respondent

Emily Adams (14937) Freyja Johnson (13762) Rachel Phillips Ainscough (16546) THE APPELLATE GROUP Counsel for Petitioner

Former Colombian Constitutional Judge And Ut-Austin Professor Join Ccd Board, James Owsley Boyd

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

On Friday, August 11, and following the recent appointment of Brady Harman and Greg Zoeller, the Center for Constitutional Democracy added two new members to its Advisory Board: Professor Richard Albert (University of Texas at Austin) and Justice Manuel Cepeda (former President of the Constitutional Court of Colombia).

Marvin Claims At Death, Patricia A. Cain

Faculty Publications

In 1976, the California Supreme Court handed down its decision in Marvin v. Marvin, recognizing the enforcement of contract and equitable claims that could be asserted when an unmarried partnership was dissolved. Most states have followed the basic holding in Marvin, although important differences in state law have developed over time. Recently, the Uniform Law Commission has approved a uniform act dealing with these issues, the Uniform Cohabitants' Economic Remedies Act (UCERA)

Much has been written about the rights that unmarried partners can assert against each other. Most of the scholarship has focused on the rights that arise …

Corporate Law’S Threat To Human Rights: Why Human Rights Due Diligence Might Not Be Enough, Barnali Choudhury

Articles & Book Chapters

The take-up of mandatory human rights due diligence (HRDD) initiatives by states is continuously gaining momentum. There are now numerous states adopting some form of HRDD laws. While corporations being duly diligent in respecting human rights is a positive step towards addressing problems of business and human rights, these HRDD initiatives on their own may only be a form of window-dressing, that is, enabling states to put a smart spin on their efforts to address business and human rights issues without addressing some of the root causes of that predicament. As a result, HRDD laws are likely to be a …

Thomas Williamson And Jennifer Williamson, Plaintiffs/Appellants, V. Nne Farrell, Dave Farrell, And Laura Black, Defendants/Appellees : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Third District Court, Salt Lake Department, The Honorable Patrick Corum, No. 170902215 APPELLEES' BRIEF

John R. Loftus (CA State Bar No. 126841) (admitted pro hac vice) Christine E. Ellice (CA State Bar No. 276181) (admitted pro hac vice) DLA PIPER LLP (US)

J. Mark Gibb (5702) Matthew J. Orme (13323) DENTONS DURHAM JONES PINEGAR P.С. Attorneys for Defendants and Appellees, Anne Farrell, Dave Farrell, and Laura Black

Ndls Communicator: Week Of 08.14.23, Notre Dame Law School

NDLS Communicator

The Latest News

• Nicole Garnett wrote “The School-Choice Moment" for the National Review.
• Jimmy Gurulé was on Bloomberg Sound On podcast, “Indictment Watch."
• Life News column cited a paper by John Finnis, “We need to ‘completely end abortion’ and ‘make it unthinkable and illegal."
• Lloyd Mayer was quoted by Orlando Sentinel, in the article, “Amesty leaves trail of falsehoods, unpaid taxes and bills, records show.”
• Christian Burset hosted a conference last week on English Legal History at the London Global Gateway. David Waddilove and Matthew Dyson were also two of the conference participants.
• Butterworth's Journal of International Banking and Financial …

Perlmutter Center Deputy Director Derrick Hamilton Pens Op-Ed In Ny Daily News, Perlmutter Center For Legal Justice At Cardozo Law

Cardozo News 2023

Perlmutter Center for Legal Justice Deputy Director Derrick Hamilton wrote an op-ed in the New York Daily News on Sunday, August 13 urging Governor Kathy Hochul to sign the Wrongful Conviction Act into law, stating, "the Wrongful Conviction Act will reduce crime, not increase it."

Cardozo Hosts 2023 Intellectual Property Scholars Conference, Benjamin N. Cardozo School Of Law

Cardozo News 2023

Featuring nearly 200 professors, lawyers from private practice and industry, and government and public policy professionals, Cardozo School of Law hosted the 2023 Intellectual Property Scholars Conference (IPSC) on August 3-4.

International Agreements Shaping Migration Solutions, Camilo Mantilla

Refugee Law & Migration Studies Brief

In an increasingly complex and interdependent state of international relations, international treaty negotiation, adoption, and implementation constitute an important component of global foreign policy and activity of states. International agreements embody sovereign and state-to-state relations and behavior in a global forum. International agreements manifest in ways that vary in form, subject, formalities, parties, scope, forum and many other elements.

Nefarious Notarios: Responding To Immigration Scams As White Collar Crime As A Matter Of Public Policy, Sarah Cossman

Refugee Law & Migration Studies Brief

Immigration scams targeting non-citizens can have devastating impacts on an individual's status and ability to remain in the United States legally. The phenomenon of notario fraud occurs when an individual misrepresents themself as a notario publico in an effort to defraud immigrants seeking legal services. In Spanish-speaking countries, a notario publico is a highly trained legal professional, akin to an attorney, who provides legal advice and drafts legal documents. The term is a false cognate. The English equivalent, a notary, is an individual with narrow witnessing duties and much less discretion. Problems arise when individuals obtain a notary public license …

Anti-Corruption’S Next Great Migration?: Strengthening U.S. Refugee And Asylum Law Under Existing U.S. Anti-Corruption Commitments, Bianka Ukleja

Refugee Law & Migration Studies Brief

First, this paper will describe the U.S.’s anticorruption commitments under international law. Next, it will present the general features of current U.S. refugee and asylum law, pertaining to particular social group (PSG) and political opinion claims. Last, this paper will discuss how the Biden Anti-Corruption Memo provides fertile ground for DHS to initiate an informal rulemaking process under the Administrative Procedure Act (APA) to engage civil society on how U.S. refugee and asylum laws can better support a pathway to citizenship for anti-corruption activists in pursuit of key U.S. foreign policy interests abroad and who find themselves unable to seek …

Can Bilateral Agreements On Migration Control Be A New Way For The Global Compact On Refugees (Gcr) And The Global Compact On Safe, Orderly And Regular Migration (Gcm)?, Ayse Yildiz-Demir

Refugee Law & Migration Studies Brief

Both externalization and external dimension of migration control play critical roles in the contained mobility around the world, especially in the southern external borders of the EU in the last decades. Externalization aims to contain mobility of migrants (including irregular migrants, refugees, asylum seekers or economic migrants) beyond national borders of destination states by using different practices such as push-back operations at the sea or keeping migrants in the extraterritorial camps until the evaluation of their asylum claims. On the other hand, the external dimension pursues migration control via carrying out softer policies than externalization. As one of most popular …

Teaching Students To Focus On Party Decision-Making, John Lande

Faculty Blogs

This post describes why law schools don’t teach students very much about helping clients make decisions and suggests techniques for doing so. It suggests (1) focusing on parties’ roles throughout relevant courses, (2) including meaningful party roles in simulations and competitions, (3) using simulations focusing solely on preparation, (4) using multi-stage simulations, (5) helping students focus on parties’ intangible interests in simulations and Stone Soup interviews, (6) using the terms “pre-mediation-session” or “before mediation sessions,” (7) taking advantage of the litigation interest and risk assessment framework and materials, and (8) recommending that schools offer a course on strategic case evaluation …

Covid-19 Pandemic’S Impact On Online Sex Advertising And Sex Trafficking, Coxen O. Julia, Vanessa Castro, Bridgette Carr, Glen Redin

Articles

Disruptive social events such as the COVID-19 pandemic can have a significant impact on sex trafficking and the working conditions of victims, yet these effects have been little understood. This paper examines the effect of the COVID-19 pandemic on sex trafficking in the United States, based on analysis of over one million sexual service advertisements from the online platform Rubratings.com, using indicators of third-party management as potential proxies for trafficking. Our results show that there have been measurable changes in online commercial sexual service advertising, both with and without third-party management indicators, in the United States, with a significant decrease …

Motivation, Activism, Speech, Dennis Patillo

Writing Beyond the Prison Living Archive

Essay

My Body, Dennis Patillo

Writing Beyond the Prison Living Archive

poetry

Pocket Change, Dennis Patillo

Writing Beyond the Prison Living Archive

poetry

Lindsay Ortega Plaintiff-Appellee, V. Cynthia Jones Defendant-Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from Judgment of the Fourth Judicial District Court, Wasatch County, State of Utah, District Court No. 160500012 Honorable Jennifer A. Mabey presiding

Patricia Geary Glenn, Attorneys for Appellant

Kathleen D. Weron, Amanda L. Fuller, Christopher R. Hogle, Michael E. Harmond, Attorneys for Appellee

Ensuring Quality In Qualitative Research: A Researcher's Reflections, Niroj Dahal

The Qualitative Report

This reflective paper is the outcome of my qualitative research engagement aligned with quality standards. I began with autoethnography in my master's research in mathematics education (see Dahal, 2013), then moved on to narrative inquiry in my MPhil research (see Dahal, 2017), and collaborative autoethnography in my doctoral research (see Dahal, 2023). With the above, this paper aims to clarify the quality criteria used in autoethnography, narrative inquiry, and collaborative autoethnography based on my experiences to evaluate the robustness of qualitative research from various ontological and epistemological vantage points. Likewise, this article offers a comprehensive overview of the key elements …

Cardozo Law News Brief: August 11, 2023, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2023

Featured Faculty:

• Andrea Schneider
• Michael Pollack
• Edward Zelinsky

Campus News:

• Innocence Project Exonerates Texas Woman Who Was Imprisoned For 20 Years For Crime That Never Happened

Vested Patents And Equal Justice, Adam Macleod

Catholic University Law Review

In a time of renewed interest in equal justice, the vested patent right may be timely again. Vested patent rights helped marginalized Americans to secure equal justice earlier in American history. And they helped to make sense of the law. Vested patent rights can perform those tasks again today.

The concept of vested rights render patent law coherent. And it explains patent law’s interactions with other areas of law, such as property, administrative, and constitutional law. The vested rights doctrine also can serve the requirements of equal justice, as it has several times in American history. Vested rights secure justice …