Law Commons^™

Carla Cannon V. Travelers Insurance Company : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Appeal from Orders and Judgment of the Third District Judicial District Court, Salt Lake County, the Honorable William A. Thorne, presiding, District Court Case No. 940906295PI

Action Tv, Et Al V. County Board Of Equalization Of Salt Lake County : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

PETITION FOP. REVIEW OF A DECISION OF THE UTAH StATE TAX COMMISSION

State Of Utah V. Todd Shontel West : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPEAL FROM A CONVICTION OF CHILD ABUSE, A THIRD DEGREE FELONY, IN THE FIFTH DISTRICT COURT, IRON COUNTY, THE HONORABLE J. PHILIP EVES PRESIDING

Salt Lake City V. Dimitrios A. Deslis : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Appeal from Judgment and Conviction of Obstruction of Justice, in violation of Salt Lake Cily Ordinance, Section 11.04.060, in the Third Judicial District Court, Salt Lake County, State of Utah, the Honorable A. Lee Dever, presiding.

Volume 28 - Alphabetical Index Of Authors

Seton Hall Law Review

No abstract provided.

Charting No Man's Land: Applying Jurisdictional And Choice Of Law Doctrine To Interstate Compacts, Dana Brakman Reiser

Faculty Scholarship

No abstract provided.

Comparative Investor Education, James A. Fanto

Faculty Scholarship

No abstract provided.

Representation Elections, Anti-Semitism And The National Labor Relations Board, John W. Teeter Jr, Christopher Burnett

Faculty Articles

The use of anti-Jewish propaganda in labor representation elections undermines employee freedom and workplace democracy. This Judeopathic practice has proved to be a vexing problem for both the National Labor Relations Board (“the Board”) and the federal courts. The Board has been haphazard and lax in applying the doctrine of Sewell Manufacturing Co. in cases involving anti-Semitism, whereas the federal appellate courts have applied Sewell more consistently to purge elections of anti-Jewish misconduct. This divergence between the Board and reviewing courts may be the result of a pattern of nonacquiescence on the part of the Board. There are four fundamental …

American Family Law: History -- Whostory, Ana M. Novoa

Faculty Articles

Family law should be rooted in preserving and protecting intimate relationships; instead, it is rooted in preserving those domestic systems that created or expanded the economic empire of the "Founding Fathers," the white males of the colonial northeast. This northeastern colonial perspective continues to underpin most of the basic assumptions in family law. Concurrently, with the increased privatization of the cooperative virtues, Americans have developed an excessive preoccupation with self and a cult of consumerism.

Consumerism has driven American society toward increased individualism and narcissism. A by-product of the increased individual-consumer culture is the mistaken belief that our personal values …

Resurrection Of The Prohibition On The Corporate Practice Of Medicine: Teaching Old Dogma New Tricks, Andre Hampton

Faculty Articles

The corporate practice of medicine doctrine was a creature of the organized medical profession, state legislatures, and the courts in an effort to both protect the physician-patient relationship and help physicians operate as fiduciaries. It aimed at improving the reputation of the medical profession by prohibiting entanglements between a physician’s professional judgment and the profit-making endeavors of lay organizations. The doctrine found its genesis in ethical codes promulgated by the American Medical Association (AMA), which essentially prevented physicians from taking salaried positions, or splitting professional fees, with lay organizations. The rationale was that such a doctrine was necessary in order …

Disturbing The Peace, Emily A. Hartigan

Faculty Articles

When concerns of race, gender, and orientation intersect with the Catholic faith and church, the interaction can prove painful and difficult. Experiences of feeling judged or condemned ricochet between camps, the members of each desperate to defend that which they feel is inherent to them, to their identities and self-understanding. But despite the damage that Catholicism can and has inflicted by its striction and history, it retains a mode of outreach to the disaffected—La Virgen, dark and female and still only just coming to be understood. She is controversial and always subject to attempts at political manipulation, but she is …

The Ethics Of Communicating With Putative Class Members, Vincent R. Johnson

Faculty Articles

The ethical prohibition against contact with represented persons is an exacting rule. It carries with it the threat of serious consequences, including, but not limited to, attorney discipline, disqualification of counsel, and inadmissibility of evidence obtained in violation of its terms. However, there are still important unresolved questions relating to the interpretation of the rule, including its proper operation in class action litigation.

Following analysis, the various rationales offered in support of the rule fail to justify an application of the contact ban to communications with unnamed putative class members during the pre-certification period of class action litigation. Absent a …

Limiting Greenhouse Gas Emissions Through Emissions Trading: An Interim Report, Richard Parker

Faculty Articles and Papers

The H. John Heinz III Center for Science, Economics and the Environment has gathered a prominent group of policy analysts to consider how the United States might implement its Kyoto commitment, using tradable permits in tandem with other methods. The draft report of the group, entitled Limiting Greenhouse Gas Emissions Through Emissions Trading: Interim Report, examines four policy options. This Memorandum considers whether any of these options appear likely to conflict with United States international trade obligations under the newly established Uruguay Round Agreement Establishing the World Trade Organization (‘WTO Agreement’).

This summary outlines the relevant law and summarizes my …

Allocating Resources Among Prisons And Social Programs In The Battle Against Crime, Peter Siegelman, John J. Donohue Iii

Faculty Articles and Papers

This article evaluates the cost and crime-reducing potential of prisons and social spending, setting forth the conditions under which a shift in resources from an expanding prison population into social spending would lead to a reduction in total crime. Preschool enrichment programs coupled with family intervention have generated impressive results in reducing crime in a number of different studies. Targeting of resources toward those children most at risk of criminal behavior is necessary to generate cost-effective crime reduction, but this may be difficult to achieve because of political or constitutional constraints. Given precise targeting, and if a broadly implemented preschool …

From Odysseus To Capgras: Seven Episodes Of Personal Identity In Law, Robert Birmingham

Faculty Articles and Papers

No abstract provided.

Mpre Reconsidered, The, Leslie Levin

Faculty Articles and Papers

No abstract provided.

It's A Lorax Kind Of Market - But Is It A Sneetches Kind Of Solution: A Critical Review Of Current Laissez-Faire Environmental Marketing Regulation, Kimberly C. Cavanagh

Villanova Environmental Law Journal (1991 - )

No abstract provided.

The World Trade Organization Appellate Body - United States V. Venezuela: Interpreting The Preamble Of Article Xx - Are Possibilities For Environmental Protection Under Article Xx(G) Of Gatt Disappearing, Hans J. Crosby

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Public Wrongs, Private Rights: Private Attorneys General For Civil Rights, Gilbert Paul Carrasco

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Just A Little Longer Mrs. Suitum, Your Case Is Just About Ripe For Review: Suitum V. Tahoe Regional Planning Agency, Kevin J. Cross

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Rumpke Of Indiana, Inc. V. Cummins Engine Co.: The Potentially Responsible Party's Right To Full Cost Recovery Is Expanded, Christine D. Mcguire

Villanova Environmental Law Journal (1991 - )

No abstract provided.

In This Corner, We Have The Bankruptcy Code's Discharge Provisions And In This Corner, Cercla, A Strict Liability Statue: In Re Reading Company, Jennifer A. Pasquarella

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Introductory Remarks: Reflections On Privatization In Higher Education, John V. Lombardi

University of Florida Journal of Law & Public Policy

No abstract provided.

Gratis Dictum! The Limits Of Academic Free Speech On The Internet, Ray August

University of Florida Journal of Law & Public Policy

This article is about the right of university professors to exercise their academic freedom to speak out and to teach in a new forum: the Internet. Although the Internet is a new forum, this article will attempt to show that the same basic rights and duties that apply to professors in the classroom and in the academic media apply to professors speaking out on the Internet. Part I sets the stage with a very brief history of the Internet. Part II examines the principal cases dealing with academic free speech as they relate to the Internet. Most of these cases …

Private Publics, Public Privates: An Essay On Convergence In Higher Education, Richard A. Matasar

University of Florida Journal of Law & Public Policy

Once upon a time, not too long ago, we understood social organization. Parents ran their families. The principal governed the local school with an iron fist and a velvet glove; the school board controlled the principal. People turned to religious leaders for guidance and respected their views. We knew that the President had a private life, but did not find it necessary to read daily press speculations about that life. Greedy bosses exploited professional athletes, studios extracted life-time servitude from performers, and the three television networks controlled access to popular information and entertainment. Every social institution discriminated against women and …

Who Is An "Otherwise Qualified" Law Student? A Need For Law Schools To Develop Technical Standards, J. Patrick Shannon

University of Florida Journal of Law & Public Policy

An increasing number of prospective and current law students are seeking disability-related accommodations under the Americans with Disabilities Act of 1990 (ADA). Various accommodation requests include: extended time on exams (time-and-a-half, double-time, quadruple-time, or no time limit), modification of exams from essay to short-answer, individual testing rooms, modification of all exam from closed-book to open-book, large print exams, the presence of service animals for the sight-impaired and for those with stress disorders, audio/visual recordings of lectures, notetakers, no deadlines for papers, no in-class exercises, not being called upon to respond in class, a stand-up desk on which to write, special …

The First Amendment Threat To Academic Tenure, Daniel E. Hall

University of Florida Journal of Law & Public Policy

Many people have questioned the need for academic tenure. Both higher education literature and the popular press are filled with articles concerning the subject. The article addresses whether tenure continues to be needed as we move into the new millennium. Specifically, the argument that contemporary First Amendment protections make tenure superfluous is examined. Part I describes the history of tenure. The purpose of tenure is examined in part II. Part III examines the law of tenure. Part IV identifies the First Amendment argument in opposition to tenure. In part V the reasons the First Amendment does not obviate the need …

The Decline And Fall Of The Wall Of Separation Between Church And State And Its Consequences For The Funding Of Public And Private Institutions Of Higher Education, F. King Alexander

University of Florida Journal of Law & Public Policy

This article summarizes the evolution of judicial thought concerning the funding of higher education as it pertains to the constitutional concept of separation between church and state. The fiscal consequences of the decline and fall of this wall of separation, as government has increasingly aided private higher education with public resources, are explored. The article notes the ineffectiveness of government student aid policies in providing lower-income students with meaningful choice in pursuing higher education opportunities. The findings presented in this article are not important to higher education alone, but also indicate the probable effects of government funding schemes that aid …

Juvenile Justice Under Attack: An Analysis Of The Causes And Impact Of Recent Reforms, Donna M. Bishop, Lonn Lanza-Kaduce, Charles E. Frazier

University of Florida Journal of Law & Public Policy

The juvenile justice system is currently under attack on two broad fronts. First, legal experts and commentators are providing stinging critiques of the system’s failure to protect the liberty and due process interests of juveniles. Second, legislators throughout the country are supporting more and more legislation designed to “get tough” on juvenile crime. In combination, these criticisms and reforms advance the “recriminalization” of juvenile offenders. Juvenile offenders are increasingly subject to adult standards of culpability and punishment. Most of this change in the way we think about and officially respond to juvenile crime has proceeded without a discussion of the …

The Media In The New Millennium: Exploring Myths And Misconceptions Before Shooting The Messenger, Sandra F. Chance

University of Florida Journal of Law & Public Policy

The press has a crisis of credibility. May believe that the media increasingly violate basic standards of fairness, accuracy, objectivity, and respect for privacy in the rush to profit from sensationalizing sex, scandal, and violence. Criticism often turns into media bashing, as it has become almost derigueur to blame the media for all of society’s ills. Some of the bashing is deserved. Much of it is not. The entire industry is often blamed for the excesses of a few. And, there is a widespread temptation to shoot the messenger who brings the bad news.

Often, this underserved criticism flows from …