DOCSLIB.ORG

Jensen V. Jensen : Brief of Appellant Utah Court of Appeals

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Jensen V. Jensen : Brief of Appellant Utah Court of Appeals Brigham Young University Law School BYU Law Digital Commons Utah Court of Appeals Briefs 1999 Jensen v. Jensen : Brief of Appellant Utah Court of Appeals Follow this and additional works at: https://digitalcommons.law.byu.edu/byu_ca2 Part of the Law Commons Original Brief Submitted to the Utah Court of Appeals; digitized by the Howard W. Hunter Law Library, J. Reuben Clark Law School, Brigham Young University, Provo, Utah; machine-generated OCR, may contain errors. Clark W. Sessions; Clyde, Snow, Sessions, Swenson; attorneys for appellee. Harold G. Christensen, Rodney R. Parker, Julianne P. Blanch; Snow, Christensen, Martineau; attorneys for appellant. Recommended Citation Brief of Appellant, Jensen v. Jensen, No. 990465 (Utah Court of Appeals, 1999). https://digitalcommons.law.byu.edu/byu_ca2/2183 This Brief of Appellant is brought to you for free and open access by BYU Law Digital Commons. It has been accepted for inclusion in Utah Court of Appeals Briefs by an authorized administrator of BYU Law Digital Commons. Policies regarding these Utah briefs are available at http://digitalcommons.law.byu.edu/utah_court_briefs/policies.html. Please contact the Repository Manager at [email protected] with questions or feedback. IN THE UTAH COURT OF APPEALS LINDA H. JENSEN, Petitioner/Appellant, No. 990465-CA vs. JAMES T. JENSEN, Argument Priority 15 Respondent/Appellee. BRIEF OF APPELLANT Appeal from the Third Judicial District Court Salt Lake County, State of Utah Honorable David S. Young, Presiding HAROLD G. CHRISTENSEN (A0638) RODNEY R. PARKER (A411 0) CLARK W. SESSIONS (A2914) JULIANNE P. BLANCH (A6495) CLYDE, SNOW, SESSIONS & SWENSON SNOW, CHRISTENSEN & MARTINEAU Attorneys for Appellee Attorneys for Appellant One Utah Center, Thirteenth Floor 10 Exchange Place, Eleventh Floor 201 South Main Street Post Office Box 45000 Salt Lake City, Utah 84111-2216 Salt Lake City, Utah 84145-500Q __ i) Telephone:(801) 322-2516 Telephone: (801) 521-9000 ourt of Appeals DEC n 6 1999 Julia D'Aiesandro Clerk of the Court IN THE UTAH COURT OF APPEALS LINDA H. JENSEN, Petitioner/Appellant, No. 990465-CA vs. JAMES T. JENSEN, Argument Priority 15 Respondent/Appellee. BRIEF OF APPELLANT Appeal from the Third Judicial District Court Salt Lake County, State of Utah Honorable David S. Young, Presiding HAROLD G. CHRISTENSEN (A0638) RODNEY R. PARKER (A411 0) CLARK W. SESSIONS (A2914) JULIANNE P. BLANCH (A6495) CLYDE, SNOW, SESSIONS & SWENSON SNOW, CHRISTENSEN & MARTINEAU Attorneys for Appellee Attorneys for Appellant One Utah Center, Thirteenth Floor 10 Exchange Place, Eleventh Floor 201 South Main Street Post Office Box 45000 Salt Lake City, Utah 84111-2216 Salt Lake City, Utah 84145-5000 Telephone:(801) 322-2516 Telephone: (801) 521-9000 LIST OF PARTIES All parties are identified in the caption. TABLE OF CONTENTS TABLE OF CONTENTS . i TABLE OF AUTHORITIES ............................................... ii JURISDICTION ........................................................ 1 STATEMENT OF ISSUES ................................................ 1 GOVERNING LAW ..................................................... 2 STATEMENT OF THE CASE ............................................. 2 A. Nature ofthe Case, Course ofProceedings and Disposition Below ...... 2 B. Statement ofFacts ............................................ 3 SUMMARY OF ARGUMENT ............................................ 13 ARGUMENT .......................................................... 14 I. THE TRIAL COURT ERRED IN FAILING TO AWARD WIFE ONE- HALF OF THE ZIONS BANK STOCK.......................... 16 II. THE TRIAL COURT ERRED IN FAILING TO INCLUDE THE PARTIES' INTEREST IN THE RANCH PROPERTIES IN THE MARITAL ESTATE. ....................................... 21 A. All ofthe Ranch Properties Should Have Been Included in the Marital Estate Because They Were Commingled with Marital Assets and Enhanced by the Parties' Joint Efforts ............................................... 21 B. Additional Reasons Why Moynier Ranch Should Have Been Included in the Marital Estate ........................ 23 CONCLUSION ........................................................ 24 ADDENDUM ......................................................... 26 -1- TABLE OF AUTHORITIES Barkley v. Barkley, 119 Ohio App. 3d 155, 694 N.E.2d 989 (1997) ................ 15 Bingham v. Bingham, 872 P.2d 1065 (Utah Ct. App. 1994) ....................... 1 Bushell v. Bushell, 649 P .2d 85 (Utah 1982) .................................. 20 Continental Bank and Trust, Co. v. Kimball, 21 Utah 2d 153, 442 P.2d 472 (Utah 1968) ........................................... 17 Cummings v. Cummings, 821 P.2d 472 (Utah Ct. App. 1991) ..................... 2 Dubois v. Dubois, 29 Utah 2d 75, 504 P.2d 1380 (Utah 1973) .................... 20 Dunn v. Dunn, 802 P.2d 1314 (Utah Ct. App. 1990) ................... 14, 15,22-23 Estate ofAshton v. Ashton, 898 P.2d 824 (Utah Ct. App. 1995) .................... 17 Glover v. Glover, 121 Utah 2d 362, 242 P.2d 298 (1952) ........................ 19 Greener v. Greener, 116 Utah 571, 212 P.2d 194 (1949) .................. 17, 18, 20 Hart v. Hart, 377 So.2d 51 (Fla. App. 1979) .................................. 19 In reMarriage ofModnick, 33 Cal.3d 897, 191 Cal. Rptr. 629, 663 P.2d 181 (1983) ............................................... 19 Machado v. Machado, 58 Cal.2d 501, 25 Cal. Rptr. 87, 375 P.2d 55 (1962) ......... 18 Madsonia Realty Co. v. Zion's Bank and Trust Co. (In re Madsen's Estate), 123 Utah 2d 327, 259 P.2d 595 (1953) ................................. 19 Marshall v. Marshall, 166 W.Va. 304, 273 S.E.2d 360 (1980) ................... 19 McCoullough v. Wasserback, 30 Utah 2d 398, 518 P.2d 691 (1974) ............ 16, 17 Mortensen v. Mortensen, 760 P.2d 304 (Utah 1988) ...................... 15, 21,23 Neill v. Royce, 101 Utah 181, 120 P.2d 327 (1941) .......................... 16, 20 -11- Portillo v. Shappie, 97 N.M. 59, 636 P.2d 878 (1981) .......................... 15 Savage v. Savage, 658 P.2d 1201 (Utah 1983) ................................ 24 Schaumberg v. Schaumberg, 875 P.2d 598 (Utah Ct. App. 1994) .............. 15, 22 Sloane v. Sloane, 132 Ariz. 414, 646 P.2d 299 (Ariz. App. Div. 2 1982) ............ 18 Smith v. Smith, 860 P.2d 634 (Idaho 1993) ................................... 19 Valladee v. Valladee, 149 Ariz. 304, 718 P.2d 206 (Ariz. App. 1986) .............. 18 Weaver v. Weaver, 21 Utah 2d 166, 442 P.2d 928 (1968) ........................ 20 Statutes Utah Code Ann. § 78-2a-3(2)(h) ............................................ 1 Dolowitz, The Conundrum ofGifted, Inherited and Premarital Property in Divorce, 11 (Apr.) Utah B.J. 16 (1998) .............................. 16 -111- IN THE UTAH COURT OF APPEALS LINDA H. JENSEN, Petitioner/Appellant, No. 990465-CA vs. JAMES T. JENSEN, Argument Priority 15 Respondent/Appellee. BRIEF OF APPELLANT JURISDICTION Linda H. Jensen ("Wife") appeals a final Supplemental Decree of Divorce entered by the district court on January 19, 1999. This court's jurisdiction is based upon Utah Code Ann. § 78-2a-3(2)(h). STATEMENT OF ISSUES 1. Husband, a lawyer, transferred certain Zions Bank stock he received as a gift to himself and Wife as joint tenants in 1986. Did the trial court err in nevertheless holding the stock to be husband's separate property, based upon Husband's alleged subjective intent that he did not really mean to make Wife an equal owner of the stock? This issue presents a question of law and is reviewed for correctness. Bingham v. Bingham, 872 P .2d 1065 (Utah Ct. App. 1994). This issue was preserved at R. 120-21. 2. Did the trial court err in awarding all of the parties' interest in significant ranching operations to Husband, even though the parties both enhanced the value of those operations through marital funds and their joint efforts during the maiTiage? This issue is reviewed for abuse of discretion. Cummings v. Cummings, 821 P.2d 472 (Utah Ct. App. 1991 ). This issue was preserved at R. 111-19. GOVERNING LAW There are no constitutional provisions, statutes, ordinances, rules or regulations whose interpretation is determinative or of central importance. STATEMENT OF THE CASE A. Nature ofthe Case, Course ofProceedings and Disposition Below. The parties were married July 30, 1970. Wife filed a complaint for divorce on Feb­ ruary 16, 1996. (R. 1-4.) The trial was held October 28-30, 1997, and November 12, 1997. Over a year later, the court issued its Memorandum Decision, Supplemental Findings of Fact and Conclusions ofLaw, and Supplemental Decree ofDivorce on January 19, 1999, in which the court determined that, after a twenty-seven year marriage, the bulk of the parties' estate consisted ofHusband's separate property. (R. 196-246.) Husband timely filed Objections to Supplemental Findings of Fact, Supplemental Decree of Divorce, Motion to Amend and Request for Oral Argument pursuant to Utah Rule of Civil Procedure 52 on January 29, 1999. (R. 247-52.) This motion was denied by order entered April14, 1999. (R. 296-99.) The notice of appeal was filed May 13, 1999. (R. 300-02.) -2- B. Statement ofFacts. James T. Jensen ("Husband") and Linda H. Jensen ("Wife") were married in 1970 in Utah and had three children during the marriage, two of whom had reached the age of major­ ity at the time of trial, and the other of whom was still in high school. (R. 1-2, R. 323 at pp. 5, 12-13.) Wife was fifty-one years old at the time of trial. She attended college for three years before the marriage but upon Husband's request did not work outside
Load more

Recommended publications
  • Have a Happy Halloween!
    Vol. 34, No. 10 First Class U.S. Postage Paid — Permit No. 4119, New York, N.Y. 10007 October 2004 THIRD ANNUAL KIDS’ WALK IN THE BRONX Modernization Project at Whitman/Ingersoll music, and dance to greet the One of NYCHA’s Largest Capital Improvement Projects young walkers, warm them up and cheer them on along their mile and a half trek around the track. Then, after a healthful lunch, games and activities filled the afternoon, along with educational and informational materials and face painting by Harborview Arts Center Artist-Consultant and pro- fessional clown Mimi Martinez. “Do you want to have this kind of fun next summer?” NYCHA Vice Chairman Earl Andrews, Jr. asked the assembled young peo- ple. After the loud and unsurpris- ing positive response, Mr. Andrews promised that NYCHA would do everything it could to find the funds to make Kids’ Walk On August 13th, NYCHA’s Chairman Tino Hernandez joined res- happen again. That message was idents and elected officials for a tour through Ingersoll Houses, reinforced by Board Member highlighting four model apartments. Shown here (front row, left Young residents from NYCHA’s Summer Camp program pre- JoAnna Aniello, Deputy General to right) are Whitman Houses Resident Association President pare for their one-and-a-half mile walk in Van Cortlandt Park. Manager for Community Opera- Rosalind Williams, Ingersoll Relocation Vice-Chairwoman Gloria tions Hugh B. Spence, Assistant Collins, Ingersoll Relocation Committee Member Janie Williams, By Allan Leicht Deputy General Manager for Ingersoll Relocation Committee Chairwoman Veronica Obie, ids’ Walk 2004, NYCHA’s third annual summer children’s Community Operations Michelle and Ingersoll Houses Resident Association President Dorothy walkathon to promote physical recreation and combat obesity Pinnock, and Director of Citywide Berry.
    [Show full text]
  • Superstition and Risk-Taking: Evidence from “Zodiac Year” Beliefs in China
    Superstition and risk-taking: Evidence from “zodiac year” beliefs in China This version: February 28, 2020 Abstract We show that superstitions –beliefs without scientific grounding – have material conse- quences for Chinese individuals’ risk-taking behavior, using evidence from corporate and in- dividual decisions, exploiting widely held beliefs in bad luck during one’s “zodiac year.” We first provide evidence on individual risk-avoidance. We show that insurance purchases are 4.6 percent higher in a customer’s zodiac year, and using survey data we show that zodiac year respondents are 5 percent more likely to favor no-risk investments. Turning to corpo- rate decision-making, we find that R&D and corporate acquisitions decline substantially in a chairman’s zodiac year by 6 and 21 percent respectively. JEL classification: D14, D22, D91, G22, G41 Keywords: Risk aversion, Innovation, Insurance, Household Finance, Superstition, China, Zodiac Year 1 1 Introduction Many cultures have beliefs or practices – superstitions – that are held to affect outcomes in situations involving uncertainty. Despite having no scientific basis and no obvious function (beyond reducing the stresses of uncertainty), superstitions persist and are widespread in modern societies. It is clear that superstitions have at least superficial impact: for example, buildings often have no thirteenth floor, and airplanes have no thirteenth row, presumably because of Western superstitions surrounding the number 13. Whether these beliefs matter for outcomes with real stakes – and hence with implications for models of decision-making in substantively important economic settings – has only more recently been subject to rigorous empirical evaluation. In our paper we study risk-taking of individuals as a function of birth year, and risk-taking by firms as a function of the birth year of their chairmen.
    [Show full text]
  • Aide Pre-Testinstructions.Pdf
    TEHAMA COUNTY DEPARTMENT OF EDUCATION 1135 LINCOLN STREET/P.O. BOX 689 • RED BLUFF, CA 96080 • 530.527.5811 • FAX 530.529.4120 PARAEDUCATOR PROFICIENCY ASSESSMENT PRETEST Testing for the Tehama County ParaEducator Proficiency Assessment is a service provided by the Tehama County Department of Education (TCDE) for school districts in Tehama County. About the Tehama County ParaEducator Proficiency Assessment. If you are seeking employment in a school district as a paraeducator (teacher’s aide, instructional assistant, etc.), pursuant to Education Codes 45330, you must either possess an A.A. degree or higher, have two years of college (48 units), or pass an assessment of your knowledge and the ability to assist in instructing reading, writing, and mathematics as appropriate to the responsibilities of the position. In Tehama County, in order to meet the assessment requirement, TCDE administers the ParaEducator Proficiency Assessment. The test is administered at TCDE, 1135 Lincoln Street, Red Bluff, and is given at 9:00 a.m. and again at 1:30 p.m. on scheduled test days (available on website). Each session is limited to 25 participants and is approximately 2 1/2 hours long. The cost for the test is $5.00, which is payable at the testing session. The test is comprised of four sections: Math, English Language Arts, Ability to Assist in the Classroom, and a Writing Exercise. All sections of the test must be passed in order to receive verification of achievement. The cost to re-take the test is $5.00, which is payable at the testing session. Individuals taking the test are not allowed to use calculators, dictionaries, cell phones, or any other type of aides.
    [Show full text]
  • Images of the Religious in Horror Films
    Journal of Religion & Film Volume 5 Issue 2 October 2001 Article 7 October 2001 The Sanctification of ear:F Images of the Religious in Horror Films Bryan Stone Boston University School of Theology, [email protected] Follow this and additional works at: https://digitalcommons.unomaha.edu/jrf Recommended Citation Stone, Bryan (2001) "The Sanctification of ear:F Images of the Religious in Horror Films," Journal of Religion & Film: Vol. 5 : Iss. 2 , Article 7. Available at: https://digitalcommons.unomaha.edu/jrf/vol5/iss2/7 This Article is brought to you for free and open access by DigitalCommons@UNO. It has been accepted for inclusion in Journal of Religion & Film by an authorized editor of DigitalCommons@UNO. For more information, please contact [email protected]. The Sanctification of ear:F Images of the Religious in Horror Films Abstract Horror film functions both as a threat and a catharsis by confronting us with our fear of death, the supernatural, the unknown and irrational, ''the other" in general, a loss of identity, and forces beyond our control. Over the last century, religious symbols and themes have played a prominent and persistent role in the on-screen construction of this confrontation. That role is, at the same time, ambiguous insofar as religious iconography has become unhinged from a compelling moral vision and reduced to mere conventions that produce a quasi-religious quality to horror that lacks the symbolic power required to engage us at the deepest level of our being. Although religious symbols in horror films are conventional in their frequent use, they may have lost all connection to deeper human questions.
    [Show full text]
  • It's a Mystery! 1/20/2017
    Vermont Humanities Council It's a Mystery! 1/20/2017 Lexile Grade level Title Author Description ISBN equivalent Archaeology, legends, natural wonders Archaeologists dig for clues Duke, Kate Archaeologists on a dig work very much like detectives at a crime scene. Every chipped rock, charred seed, or fossilized bone could be a clue to how people lived in the past. In this information-packed Let’s- Read-and-Find-Out Science book, Kate Duke explains what scientists are looking for, how they find it, and what their finds reveal. 978-0064451758 Archaeology for kids Panchyk, Richard This activity book features 25 projects such as making a surface survey of a site, building a screen for sifting dirt and debris at a dig, tracking soil age by color, and counting tree rings to date a find, teaches kids the techniques that unearthed Neanderthal caves, Tutankhamun’s tomb, the city of Pompeii, and Tenochtitlan, capital of the Aztec empire. Kids will delight in fashioning a stone-age tool, playing a seriation game with old photographs of cars, “reading” objects excavated in their own backyards, and using patent numbers to date modern artifacts as they gain an overview of human history and the science that brings it back to life. 978-1556523953 Atlantis: The Lost City? Donkin, Andrew Truth or myth? Follow the evolution of a mystery that has captured the human imagination from ancient Greece to the present. 978-0789466822 650L 3.5 Behind the Curtain an Echo Abrahams, Peter Things are amiss at 99 Maple Lane. Ingrid's dad's job is in jeopardy 978-0060737061 Falls Mystery and her brother, Ty, is getting buff—really buff—but his moodiness is making Ingrid start to wonder .
    [Show full text]
  • Trump Unveils Sweeping Tax Reforms, Stirs Deficit Concerns
    www.theindianpanorama.news VOL 11 ISSUE 39 ● NEW YORK/DALLAS ● SEPTEMBER 29 - OCTOBER 05, 2017 ● ENQUIRIES: 646-247-9458 WE WISH OUR READERS A HAPPY DURGA PUJA Trump's son-in-law to 'vote as a woman' Trump unveils sweeping tax reforms, stirs deficit concerns Proposes to reduce seven tax brackets to just three, double standard deductions Republicans welcome; Democrats oppose NEW YORK (TIP): According to media reports, WASHINGTON (TIP): US President Donald Trump has Donald Trump's son-in-law unveiled sweeping tax reforms which if passed by the and top aide, Jared Kushner, Congress would bring down the business tax rate to 15 per has been registered to vote as cent, introduce territorial tax system that would offer level a woman for eight playing field to American companies. years.Voter information However, it immediately prompted criticism that the plan records held by New York favors business and the rich and could add trillions of dollars contd on Pae 32 to the deficit. The proposal drew a swift, skeptical response contd on page 32 Over 130,000 flee President Donald Trump waves before speaking about tax fearing volcano reform in Indianapolis. Photo / courtesy PTI eruption on Bali tourist island Indian American Couple Donates $250,000 Indian American Couple Makes $200 Million BALI (TIP): More than to Houston Mayor's Harvey Relief Fund Donation to Nova Southeastern University 130,000 people have fled the region around the Mount HOUSTON (TIP): An TAMPA, FL (TIP): Nova Agung volcano on the Indian American couple Southeastern University (NSU) Indonesian tourist island of donated USD 250,000 to in Florida announced the largest Bali, fearing it will soon Houston Mayor's Hurricane philanthropic gift in its history erupt, according to an Harvey Relief Fund at a from Tampa-area cardiologist Dr.
    [Show full text]
  • Monday, 08. 04. 2013 SUBSCRIPTION
    Monday, 08. 04. 2013 SUBSCRIPTION MONDAY, APRIL 7, 2013 JAMADA ALAWWAL 27, 1434 AH www.kuwaittimes.net Clashes after New fears in Burgan Bank Lorenzo funeral of Lanka amid CEO spells wins Qatar Egypt Coptic anti-Muslim out growth MotoGP Christians7 campaign14 strategy22 18 MPs want amendments to Max 33º Min 19º residency law for expats High Tide 10:57 & 23:08 Govt rebuffs Abu Ghaith relatives ‘Peninsula Lions’ may be freed Low Tide • 04:44 & 17:01 40 PAGES NO: 15772 150 FILS By B Izzak conspiracy theories KUWAIT: Five MPs yesterday proposed amendments to the residency law that call to allow foreign residents to Menopause!!! stay outside Kuwait as long as their residence permit is valid and also call to make it easier to grant certain cate- gories of expats with residencies. The five MPs - Nabeel Al-Fadhl, Abdulhameed Dashti, Hani Shams, Faisal Al- Kandari and Abdullah Al-Mayouf - also proposed in the amendments to make it mandatory for the immigration department to grant residence permits and renew them By Badrya Darwish in a number of cases, especially when the foreigners are relatives of Kuwaitis. These cases include foreigners married to Kuwaiti women and that their permits cannot be cancelled if the relationship is severed if they have children. These [email protected] also include foreign wives of Kuwaitis and their resi- dence permits cannot be cancelled if she has children from the Kuwaiti husband. Other beneficiaries of the uys, you are going to hear the most amazing amendments include foreign men or women whose story of 2013.
    [Show full text]
  • 'Hey! What Did You Do to the World?': Conceptualizing the Real With
    ISSN 1751-8229 Volume Ten, Number One “‘Hey! What Did You Do to the World?’: Conceptualizing the Real with Baudrillard and Žižek” Louis-Paul Willis, New Media Creation Department, Université du Québec en Abitibi-Témiscamingue As it is well known today, one of Žižek’s more important contributions to contemporary psychoanalytic media and cultural studies remains his focus on the Lacanian Real. As he puts it in one of his first articles written in English, while discussing the use of Lacanian psychoanalysis in 1970s ‘Screen Studies’, “[t]he Lacan who served as a point of reference for these theories […] was the Lacan before the break” (Žižek 1989: 7). This break, of course, corresponds to Lacan’s attention to the Real as that which lies beyond representation and symbolisation during the last decade of his teaching. Over the decades, and through an ongoing opus, Žižek has put forth a theoretical edifice that focuses on this “late turn in Lacanian teaching; a turn that could be summarized concisely by the Special Issue: Baudrillard and Žižek formula: ‘form the signifier to the object’” (7). While 1970s film studies focused on the “boundary separating the Imaginary from the Symbolic”, and thus paid little attention to the object but instead gave much room to the ideological foundations of the signifier, Žižek allowed the emergence of a Lacanian approach to film, media and culture grounded in an emphasis on “the barrier separating the Real from symbolically structured reality”; he provided the framework allowing Lacan’s thought to be applied to “those leftovers or remnants of the Real that escape symbolic ‘mediation’” (Žižek 1989: 11).
    [Show full text]
  • Evaluating Positive Pressure Ventilation in Large Structures: High-Rise Pressure Experiments
    NISTIR 7412 Evaluating Positive Pressure Ventilation In Large Structures: High-Rise Pressure Experiments Stephen Kerber Daniel Madrzykowski David Stroup U.S. Department of Commerce Technology Administration Building and Fire Research Laboratory National Institute of Standards and Technology Gaithersburg, MD 20899 NISTIR 7412 Evaluating Positive Pressure Ventilation In Large Structures: High-Rise Pressure Experiments Stephen Kerber Daniel Madrzykowski David Stroup U.S. Department of Commerce Technology Administration Building and Fire Research Laboratory National Institute of Standards and Technology Gaithersburg, MD 20899 March 2007 Department of Homeland Security U.S. Department of Commerce Michael Chertoff, Secretary Carolos M. Gutierrez, Secretary Preparedness Directorate Technology Administration George W. Foresman, Under Secretary Robert Cresanti, Under Secretary for Preparedness Of Commerce for Technology United States Fire Administration National Institute of Standards and Charlie Dickinson, Acting Administrator Technology William Jeffrey, Director 1 Table of Contents List of Tables ................................................................................................ iv List of Figures............................................................................................... iv 1.0 Introduction ........................................................................................ 7 2.0 Experimental Overview ................................................................... 10 2.1 Structure…………………………………………………………………………..11
    [Show full text]
  • Supreme Court of the United States ———— OFFICE of INDEPENDENT COUNSEL, Petitioner, V
    No. 02-954 IN THE Supreme Court of the United States ———— OFFICE OF INDEPENDENT COUNSEL, Petitioner, v. ALLAN J. FAVISH, Respondent. ———— On Writ of Certiorari to the United States Court of Appeals for the Ninth Circuit ———— BRIEF OF AMICI CURIAE REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS, AMERICAN SOCIETY OF NEWSPAPER EDITORS, RADIO-TELEVISION NEWS DIRECTORS ASSOCIATION, SOCIETY OF PROFESSIONAL JOURNALISTS, ASSOCIATION OF ALTERNATIVE NEWSWEEKLIES, NATIONAL PRESS CLUB, INVESTIGATIVE REPORTERS AND EDITORS, INC., AND NATIONAL FREEDOM OF INFORMATION COALITION IN SUPPORT OF RESPONDENT ———— LUCY A. DALGLISH DEANNE E. MAYNARD REPORTERS COMMITTEE Counsel of Record FOR FREEDOM OF THE PRESS ELAINE J. GOLDENBERG 1815 N. Fort Myer Drive DAVID C. BELT Suite 900 JENNER & BLOCK, LLC Arlington, VA 22209 601 Thirteenth Street, NW (703) 807-2100 Washington, DC 20005 (202) 639-6000 August 22, 2003 [Additional Counsel Listed on Inside Cover] WILSON-EPES PRINTING CO., INC. – (202) 789-0096 – WASHINGTON, D. C. 20001 RICHARD M. SCHMIDT, JR. KATHLEEN A. KIRBY KEVIN M. GOLDBERG WILEY REIN & FIELDING LLP COHN & MARKS, LLP 1776 K Street NW 1920 N Street NW, Suite 300 Washington, DC 20006 Washington, DC 20036 (202) 719-3360 (202) 293-3860 Counsel for Radio-Television Counsel for American Society of News Directors Association Newspaper Editors ALICE NEFF LUCAN BRUCE W. SANFORD 4403 Greenwich Parkway, NW ROBERT D. LYSTAD Washington, DC 20007-2010 BRUCE D. BROWN (202) 298-7210 BAKER & HOSTETLER LLP Counsel for Association of 1050 Connecticut Ave., NW Alternative Newsweeklies Suite 1100 Washington, DC 20036 (202) 861-1500 Counsel for Society of Professional Journalists DAVID B. SMALLMAN STEINHART & FALCONER LLP 40 East 52nd Street 13th Floor New York, NY 10022-5911 (212) 207-8742 Counsel for Investigative Reporters and Editors, Inc.
    [Show full text]
  • Small Talk – May 13 2020 Day 45 of Shelter-In-Place by Michael Small I
    Small Talk – May 13 2020 Day 45 of Shelter-in-Place By Michael Small I note that today is the 13th of May. I am always surprised and a bit amused when I am in a multi storied hotel. After getting into the elevator, I go to push the button and notice there is a 12th floor and the next one is the 14th. What happened to the thirteenth floor? Are you kidding me!? Superstition? Our son was born on Friday the thirteenth – the best day of our lives. He arrived in this world with all his toes and fingers in place. But I will admit, we had to reimagine and recreate that day, discarding all the superstition and baggage the 13th brings. What are some of the common superstitions? You win the first time you play a game – beginners’ luck. You pick up a penny on the sidewalk – you will have good luck. Walk under a ladder – bad luck. Black cat crosses your path – a formidable day is ahead. But if you carry that rabbit’s foot – good luck. Two bad events occur – there is going to be a third. Break a mirror – seven years of bad luck. Step on a crack and you will break your mother’s back. Knock on wood to ward off bad luck. With another, make a wish when you break a turkey wishbone. Cross your fingers when making a wish (or telling a lie). No opened umbrellas inside – it will bring bad luck. Then the big one – Friday the 13th – If you are not scared of this date, you should be frightened about the word that describes those who are: friggatriskaidekaphobia.
    [Show full text]
  • Numbers 1 to 100
    Numbers 1 to 100 PDF generated using the open source mwlib toolkit. See http://code.pediapress.com/ for more information. PDF generated at: Tue, 30 Nov 2010 02:36:24 UTC Contents Articles −1 (number) 1 0 (number) 3 1 (number) 12 2 (number) 17 3 (number) 23 4 (number) 32 5 (number) 42 6 (number) 50 7 (number) 58 8 (number) 73 9 (number) 77 10 (number) 82 11 (number) 88 12 (number) 94 13 (number) 102 14 (number) 107 15 (number) 111 16 (number) 114 17 (number) 118 18 (number) 124 19 (number) 127 20 (number) 132 21 (number) 136 22 (number) 140 23 (number) 144 24 (number) 148 25 (number) 152 26 (number) 155 27 (number) 158 28 (number) 162 29 (number) 165 30 (number) 168 31 (number) 172 32 (number) 175 33 (number) 179 34 (number) 182 35 (number) 185 36 (number) 188 37 (number) 191 38 (number) 193 39 (number) 196 40 (number) 199 41 (number) 204 42 (number) 207 43 (number) 214 44 (number) 217 45 (number) 220 46 (number) 222 47 (number) 225 48 (number) 229 49 (number) 232 50 (number) 235 51 (number) 238 52 (number) 241 53 (number) 243 54 (number) 246 55 (number) 248 56 (number) 251 57 (number) 255 58 (number) 258 59 (number) 260 60 (number) 263 61 (number) 267 62 (number) 270 63 (number) 272 64 (number) 274 66 (number) 277 67 (number) 280 68 (number) 282 69 (number) 284 70 (number) 286 71 (number) 289 72 (number) 292 73 (number) 296 74 (number) 298 75 (number) 301 77 (number) 302 78 (number) 305 79 (number) 307 80 (number) 309 81 (number) 311 82 (number) 313 83 (number) 315 84 (number) 318 85 (number) 320 86 (number) 323 87 (number) 326 88 (number)
    [Show full text]