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State Of Utah V. Michael Cleve Mcbride : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

REPLY BRIEF OF APPELLANT

Appeal from Judgment based upon a conditional plea of guilty, pursuant to State v. Sery, of the offense of Driving Under the Influence of Alcohol and/or Drugs, a class B misdemeanor, in violation of Utah Code Ann. § 41-6-44, in the Second Judicial District Court in and for Davis County, the Honorable Rodney S. Page presiding.

State Of Utah, Plaintiff And Appellee Vs. Michael Cleve Mcbride, Defendant And Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

THE STATE OF UTAH, Plaintiff / Appellee, vs. MICHAEL CLEVE McBRIDE, Defendant / Appellant, Case No. 980226-CA Priority No. 2 BRIEF OF APPELLEE

Appeal from Judgment based on a conditional plea of guilty, pursuant to Sery v. Sery, of the offense of Driving under the Influence of Alcohol and/or Drugs, a class B misdemeanor, in violation of Utah Code Ann. §41-6-44, in the Second Judicial District Court in and for Davis County, the Honorable Rodney S. Page presiding.

Stouffer Food Corporation And Liberty Mutual Insurance Co., Petitioners, V. Utah Labor Commission, ; Employers Reinsurance Fund, And ; Kathleen Mae Moore, Surviving Spouse Of William Moore (Deceased), Respondents : Brief Of Respondent, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

STOUFFER FOOD CORPORATION and LIBERTY MUTUAL INSURANCE CO., Petitioners, v. UTAH LABOR COMMISSION, ; EMPLOYERS REINSURANCE FUND, and ; KATHLEEN MAE MOORE, surviving spouse of William Moore (deceased), Respondents.

Case No. 980227-CA Priority No. 7

BRIEF OF RESPONDENT EMPLOYERS REINSURANCE FUND

England's Contaminated Land Act Of 1995: Perspectives On America's Approach To Hazardous Substance Cleanups And Evolving Principles Of International Law, Michael P. Healy

Law Faculty Scholarly Articles

An important contemporary problem in environmental regulation concerns the cleanup of property that is an unfortunate legacy of the modem industrial age—acres of land affected by past inadequate disposals of toxic substances. The United States began to address this problem in 1980 with the enactment of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). CERCLA establishes both a liability regime for assigning the costs of cleaning up lands contaminated by the release of hazardous substances and regulatory requirements defining how those cleanups are to be pursued. In 1995, England enacted the Contaminated Land Act (alternatively referred to as the …

Paying For The Health Costs Of Smoking: Loss Shifting And Loss Bearers, Richard C. Ausness

Law Faculty Scholarly Articles

Cigarette smoking is known to cause cancer, heart disease, and respiratory problems. These health costs are enormous, amounting to more than $50 billion per year. Although some of these costs are borne by smokers, many of them are externalized to nonsmokers. Recently, a number of states have sued tobacco companies in or- der to recover the costs of treating smoking-related diseases through their Medicaid programs. At the present time, the parties have agreed to a settlement that obligates the tobacco companies to pay billions of dollars to the states over the next twenty-five years. In other words, some of the …

Survey Of Recent Developments In Third Circuit Law, Bonenberger V. Plymouth Township, 132 F.3d 20 (3d Cir. 1997), Nicole Huberfeld

Law Faculty Scholarly Articles

This brief comment examines the United States Court of Appeals for the Third Circuit decision in Bonenberger v. Plymouth Township, 132 F.3d 20 (3d Cir. 1997).

The Role Of Ethics And Unauthorized Practice Opinions In Regulating The Practice Of Law In Kentucky, William H. Fortune

Law Faculty Scholarly Articles

The purpose of this article is to discuss the role of ethics and unauthorized practice opinions in regulating the practice of law, with suggestions for clarification and improvement.

The Kentucky Bench and Bar, the quarterly journal of the Kentucky Bar Association ("KBA"), prints "Advisory Ethics Opinions" and "Unauthorized Practice Opinions" over the signatures of the respective chairs of the Ethics and Unauthorized Practice of Law ("UPL") Committees. This article describes: 1) how ethics and unauthorized practice opinions are generated; 2) the legal effect of the opinions; 3) the relationship of ethics opinions to attorney discipline; 4) the Board of Bar …

The Theory, Reality, And Pragmatism Of Corporate Governance In Bankruptcy Reorganizations, Christopher W. Frost

Law Faculty Scholarly Articles

Governing a corporation during a Chapter 11 reorganization presents a special case of the age-old problem of the separation of ownership and control. Critics of Chapter 11 have long pointed to the insulation provided by the automatic stay to managers of the business as one of the causes of bankruptcy inefficiency. Protected from the normal contractual and market forces that restrain the behavior of managers of healthy companies, managers of firms in bankruptcy, the harshest critics charge, use delay and other strategies to enrich themselves and the shareholders at the expense of the firm's creditors.

This Article addresses the financial …

In The Belly Of The Beast: A Comparison Of The Evolution And Status Of Prisoners' Rights In The United States And Europe, Roberta M. Harding

Law Faculty Scholarly Articles

Another epidemic has hit the international community. This one, however, is not derived from an unknown bacterial agent. Instead, it originates from a variety of social agents. The epidemic? The explosion in the number of people incarcerated in the global community. As of June 1997, the United States' prison population exceeded 1,700,000. This figure is consistent with the United States' status as one of the world's largest jailers. Like the United States, Europe's prison population has escalated. The growth in France's prison population is representative of the epidemic's trans-Atlantic scope.

The Article is divided into several sections. The first section …

Toward The Proper Role For Mass Tort Class Actions, Mary J. Davis

Law Faculty Scholarly Articles

This Article seeks to advance the use of mass tort class actions and proposes that they are not only appropriate, but desirable, when evaluated against the backdrop of substantive tort law policies. Moreover, the substantive goals of tort law as applied in the mass tort context support the conclusion that the individualized case-by-case adjudication standard, as applied through our adversary system as it is presently constituted, fails to further the search for fairness as well as truth in the mass tort context, and therefore, does not achieve the fairness or justice that we seek through our judicial process.

The guiding …

Kentucky Law Survey: Family Law, Louise Everett Graham

Law Faculty Scholarly Articles

This Article addresses some of the family law developments occurring since the Kentucky Law Journal last published a Kentucky law survey. Space limitations preclude discussion of every post-1985 change. Instead, this Article focuses on general trends, significant cases, and legislative developments.

Inquiry into family law developments in Kentucky is timely, not only because of the social importance of family relations, but also because of other contemporaneous efforts at family law reform. The American Law Institute ("ALl") is currently considering a final draft of principles governing family dissolution. That draft, and the discussions that surround its ultimate acceptance or rejection by …

Kentucky Law Survey: Professional Responsibility, William H. Fortune

Law Faculty Scholarly Articles

This article is a survey of recent Kentucky ethics cases and Kentucky Bar Association ethics opinions. The cases and opinions selected are those of general application but special interest.

Kentucky Law Survey: Taxation, Kathryn L. Moore

Law Faculty Scholarly Articles

Certainly the most publicized development in Kentucky tax law during the last five years was the series of decisions in St. Ledger v. Kentucky Revenue Cabinet, striking down two of Kentucky's intangibles taxes. The St. Ledger decisions, however, were not the only tax law development to receive attention.

There were a number of legislative developments of some significance. Specifically, Governor Brereton Jones formed a Tax Policy Commission that comprehensively reviewed Kentucky's tax structure. Although the 1996 General Assembly did not fully embrace the Commission's recommendations over the last five years, the General Assembly did enact some significant legislation. For …

The Past And Future Of Kentucky's Fraudulent Transfer And Preference Laws, Douglas C. Michael

Law Faculty Scholarly Articles

An important part of the law of creditors' remedies is the ability of creditors to recover property formerly held by the debtor, but transferred to others under circumstances that are considered to be unfair or inequitable. There are two principal ways a creditor can seek to have a debtor's transfer characterized as unfair in order to recover it. First, a transfer to another creditor or a third party can be fraudulent as to one or all of the remaining creditors, or may be deemed to be fraudulent because of the circumstances surrounding the transfer, such as a transfer made by …

City Of South Salt Lake V. Sheldon Peter Gortat : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPEAL IS FROM A VOID VERDICT OF GUILTY IN A "CRIMINAL CASE" OF TRAVELING WITHOUT A LICENSE OR INSURANCE FROM ORGANIZED CRIME, AFTER APPEAL FROM AN UNCONSTITUTIONAL ORGANIZFD CRIME JUSTICE COURT TRIAL AND CONVICTION IN THE CITY OF SOUTH SALT LAKE WITHOUT ASSISTANCE OF COUNSEL. APPEALED FROM THE UNCONSTITUTIONAL THIRD JUDICIAL DISTRICT COURT. SALT LAKE COUNTY, MURRAY DEPARTMENT. ORGANIZED CRIME'S JUDGE. JOSEPH C. FRATTO, JR., PRESIDING

State Of Utah V. Marco Villalobos : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

BRIEF OF APPELLEE APPEAL FROM A CONVICTIONS OF AGGRAVATED ROBBERY, A FIRST DEGREE FELONY, IN VIOLATION OF UTAH CODE ANN. § 76-6-302 (1999), AND THEFT BY RECEIVING, A SECOND DEGREE FELONY, IN VIOLATION OF UTAH CODE ANN. § 76-6-408 (1999), IN THE FOURTH JUDICIAL DISTRICT COURT IN AND FOR UTAH COUNTY, STATE OF UTAH, THE HONORABLE ANTHONY W. SCHOFIELD, PRESIDING

City Of South Salt Lake V. Sheldon Gortat : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

On Appeal from a Trial De Novo Judgment of the Third Judicial District Court, Murray Division for Salt Lake County, State of Utah Honorable Joseph C Fratto, District Judge

Stratton V. Stratton : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

On appeal from the Third Judicial District Court for Salt Lake County, State of Utah Honorable Frank G. Noel, District Court Judge Presiding

Catherine L. Durborow V. Ihc Hospital, Inc. Cottonwood Hospital Medical Center : Brief In Opposition To Certiorari, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Case No. 981849-SC Priority No. 15 RESPONDENT'S BRIEF OPPOSING WRIT OF CERTIORARI On Petition for Writ of Certiorari to the Court of Appeals of the State of Utah

Franklin Covey Client Sales, Inc. V. David Melvin : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

On appeal from the November 10, 1998 final Memorandum Decision of the Third Judicial District Court for Salt Lake County, Honorable David S. Young, District Judge

Franklin Covey Client Sales, Inc V. David Melvin : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Appeal from The Third Judicial District Court In And For Salt Lake County State Of Utah

Utah V. James Scott Wallburg : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

AN APPEAL FROM A JUDGMENT OF CONVICTION FOR UNLAWFUL POSSESSION OF CONTRABAND IN A CORRECTIONAL FACILITY, A THIRD DEGREE FELONY, IN VIOLATION OF UTAH CODE ANN. §76-8-311.3 (SUPP. 1994), IN THE 7TH DISTRICT COURT FOR EMERY COUNTY, HON. BRUCE K. HALLIDAY PRESIDING.

Yeargin Inc V. Auditing Division Of The Utah State Tax Commission : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPEAL FROM THE UTAH STATE TAX COMMISSION

Wilner A. Blakely V. Utah Labor Commission & Salt Lake County : Brief Of Respondent, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

BRIEF OF RESPONDENT SALT LAKE COUNTY

PETITION FOR REVIEW OF AN ORDER OF THE UTAH LABOR COMMISSION DENYING REQUEST FOR RECONSIDERATION ISSUED APRIL 30, 1998

David Winters V. Allison Abizaid And Joanne Schulman : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

On Appeal from a Judgment of the Third Judicial District Court for Salt Lake County, State of Utah Honorable William Thorne, District Judge

Williamson V. Williamson : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

No abstract provided.

State Of Utah V. Melanie E. Pomikala : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Appeal from a judgment of conviction for Forgery, a third degree felony, in violation of Utah Code Ann. § 76-6-506.1 (Supp. 1997), in the Third Judicial District Court in and for Salt Lake County, State of Utah, the Honorable Pat B. Brian, Judge, presiding.

Russell Johnson, Peter Johnson V. Arthur Stephen Higley, Susan M. Higley : Petition For Rehearing, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Appeal from Judgment of the Third Judicial District Court In and For Tooele County, State of Utah Honorable John A. Rokich, Senior Status Judge

W. David Weston, Darko Segota, Bergaz, Lc Branimir Globevnik, And Okrad International, Lc, Ba/Lf Holdings Lc, Ba/Lf Technologies, Lc V. Stephen H. Smoot, Utah International, Lc, Park Smoot, H.J. Russel Mcnitt Trust : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Appeal from the Third Judicial District Court of Salt Lake County, State of Utah Honorable Homer Wilkinson, District Judge, Presiding

W. David Weston, Darko Segota, Bergaz, L.C. Branimir Globevnik, And Okrad International, L.C., Ba Lf Holdings L.C., Ba Lf Technologies, L.C. V. Stephan H. Smoot, Individually And As Manager Of Utah International, And Utah International, L.C. A Utah Limited Liability Company, And Stephen H. Smoot And Park Smoot As Co-Trustees Of The H.J. Russel Mcnitt Trust : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Appeal from the Third Judicial District Court of Salt Lake County, State of Utah Honorable Homer Wilkinson, District Judge, Presiding