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September-1998-Volume-11-No7.Pdf WHEN THE PERFECT FACTS AND MOST PERSUASIVE LAW ARE JUST BEYOND THE HORIZON, TRUST P~cI ON CD-ROM. THE FIRST CASE LAW FIND IT FAST. CD-ROM RESOURCE Use three timesaving ways to search: FOR YOUR REGION! 1) Natural Language searching; Persuasive authority is tough to find. 2) field templates ("fil-in-the-blanks"); and And no one likes slogging through hundreds 3) tradtional Boolean methods, as well as sentence and of reporters in search of that one case you paragraph connectors. Direct connection to Westlaw" must have to make your client a certain lets you easily expand your research online. winner. Pacifc Reporter"', 2d on CD-ROM was developed specifically to solve this vexing problem. GET IT RIGHT. P2d on CD-ROM star with trustworthy, authoritative primar With P2d on CD-ROM, case law from fifeen state is always materials. Exclusive headnotes summarize each point of law. right on your desk. West Group's entire range of built-in editorial Synopses give you a concise summary of the issue and procedural enhancements ensures acurate reults. Research as often and disposition of the case. West Group's exclusive Key Number System as long as you want because a subscription to P2d on CD-ROM makes searching for "on point" cases completely compatible is charged at a fixed, predictable rate. with your existing West Group library. GO HOME EARLY. Afr you've found a case, built-in word procesing For more infonnation about West Group products and services, visit us at: wwwestgroup.com. functions make document preparation simple. TAKE ADVANTAGE OF LEVEL.CHARGE PRICING. For additional inormation, llanyour budget with a no-surprise, monthly payment plan. cal 1-800-762-5272, or fax 303-729-7020. level i£ 1998 West Group 3-9653-0/8-98 19030131 1-612-686-1 r - - - - - - - - - - ----- - - - - - - - - -- - - - - - - -, Interested in Writing an Article Kennecott for the Bar Journal? Kennecott Utah Copper Corporation The editor of the Utah Bar journal wants to hear is pleased to announce that about the topics and issues James M. Elegante readers think should he covered in the magazine. formerly a shareholder of If you have an article idea Parsons Behle & Latimer or would be interested in has become its writing on a particular topic, contact _ the editor at Vice President Legal and 566..6633 or write, Utah General Counsel Bar journal, 645 - South 200 East, Salt-Lake City, Effective August 1998 Utah 84111. i.~_ ___ _ _ ___ _ _ _ _ _ ______ __ _ _ __ _ _____ The Utah Bar Journal Published by Letters Editor "How to . ." Editors Committee - Members The Uta State Bar Victoria Kidman David Hargsen TamraCole Lisa M. Rischer David B. Erickson 645 South 200 East Views from the Bench Editors Analsa A.. Steggell AndreaJ. Garland Salt Lake City, Utah 84111 Judge Michael L. HutcWngs H. Craig Hal Telephone (801) 531-9077 G. KevinJones Judicial Profies Editors Sandra K. McDonald Lorena P. Rio Brett 1- DelPorto ww.utahbar.org Laurie 1- Sartorio Angelle H.Frehner Bar Journal Committee Legislative Report Editors Kimberly J. Smith Jenner L.. Ross and Editorial Board lisa Watts Baski Denver Snufer Heather Mier ADREditor DavidR. Ward Editor Cherie - P, - Shanteau Judge Homer F. Wilkison Calvi E. Thorpe Case Summaries Editors Glen A. Cook Law and Technology Editors Bar Commission Liaison Associate Editors 1- Craig Smith Bruce R. Findlay D. FrankWilkins Wilam D. Holyoak Danel M. Torrence Mark 1- Gregersen Randal L. Romrell Bar Sta Liaison Book Review Editors Young Lawyer Representatives Maud C. Thurman Artcles Editors Bets L. Ross Doug Adar Blai H. Johnson Pennan 1- Schumann Cathy E. Robert Lee S. McCulough The Pmsident's Message Our Ranking Among Peers by James C. Jenkins It has been long recognized that "no prophet is accepted in Often when I attend these national conferences, I hear disturb- his own country." Over the last two years, I have had several ing complaints from other states about members of their bench opportunities to visit with lawyers and judges around the and bar. I am always pleased and proud to report that in Utah, country. Each trip reafrms my observation that Utah enjoys the we rarely have such problems and that by constitution, court highest caliber of legal professionals. We have some of the finest rules, state law and professional organization, we have solutions judges and lawyers found anywhere in the country. At times, wlúch prevent or minimize those problems. Often Utah is the however, our close proximity to our fellow professionals limits model for resolving the troubles of other states. our ability to appreciate their greatness. However, we can never rest upon our accomplishments. If we I just returned from Toronto, Canada, site of the 1998 Annual are to remain great, we must always examine ways to improve. American Bar Convention. Utah is well represented among the This year we hope to expand communication and activity to many active members of the ABA. Utah is recognized among bar improve our judicial system. I look forward to visiting each associations of the United States as being on the cutting edge of local bar association throughout the State. The Board of Bar programming, bar activity and legal servces. Our bar is known Commissioners is anxous to know of your concerns and your for its commitment to judicial independence, professionalism, ideas for progress. We are starting now to plan our mid-year public service and uniform justice. meeting in St. George scheduled for March, 1999. We hope it wil be the best attended convention in the history of the Utah When comparing bar organizations, the Utah State Bar ranks at State Bar. St. George is completing a new convention center and the top of state and national organizations. This, of course, is we hope you wil plan to be there to interact with the other due to the ethic and character of our membership as well as the dedicated and professional judges and lawyers of our great active leadership and supervision of our Supreme Court and State. I encourage you to cal or write me or your Bar Commis- . judiciary. We also enjoy one of the finest bar stafs in the coun- sioner to discuss how you can contribute to a better Utah try. These folks, led by Executive Director John Baldwin, are State Bar. exceptionally skilled and care about our memberslúp. I have always found the personnel at the Bar offces willng and anx- ious to be of service. ~~~ J 0 URN A L ANDERSON & KARRENBERG XPERT 'W-... EDICALESTIONY Is Pleased to Announce That · Credible Experts All physicians are board-certified. Most are medical school faculty Nathan B. Wilcox members. · Selection of Experts Has Become a Shareholder in the Firm and Within 90 minutes of talking with Dr. Lerner we wil fax the proposed specialist's curriculum vitae and retainer agreement for Francis J. Carney review. i · Plaintiff or Defense Is Now Of Counsel to the Firm i Since 1975 our multidisciplinary i group of:medical specialists (MD, DDS, DPM, OD; OTR, PharmD, Ross C. Anderson PhD, RN andRPT) have provided i services to legal professionals. Thomas R. Karrenberg f Larr G. Reed ¡ DR. STEVEN E. LERNER John T. Anderson & ASSOCIATES i 1..800..952..7563 Steven W. Dougherty Scott A. Call . Visit our web site at http://www.drlerner.eom John P. Mullen Nathan B. Wilcox Victoria Coombs Bushnell Shayne R. Kohler PRIVATE CAR MAAGEMENT & GUARIANSHIPS Of Counsel · Assess & Manage Needs of Jon V. Harper OlderlDemented Adults Francis J. Carney · Competency Evaluations · Expert Witness Testimony · Medical Record Review 700 Bank One Tower · 50 West Broadway · Salt Lake City, Utah 84101 · Guardianship Services Telephone: (8011 534-1700 · Fax: (8011 364-7697 Lois M.Brandriet, PhD, RN,CS Nurse Gerontologist UTAH LAw AND JUSTICE CENTER (801)756-2800 QUALITY MEETING SPACE (800) 600-1385 AVAILALE FOR PROFESSIONAL, CMC AN COMMUNTY ORGANIZIONS (80l) 756-6262 (fax) THIS MODERN FACILITY PROVIES AN STYE OF SEAING ARRAGEMENT AN FETURES: eldercare(Mtsnet.com htt://wwitsnetcoir..eldercare REONABLE RAES PERSONAL ATENTION Servg Salt Lake City & Súrlòundig Areas CENTRA DOWNTOWN LOCAION FREE ADJACENT PARG .~ Aunio- VISUAL EQilPMENT REGISTRAION AR ÇR~e COMPLETE CATERING DAY OR NIGHT C(u~nsult FOR INFORMTION AND RESERVATIONS, CONTACT: .\ THE UTAH LAw AN JUSTICE CENTER COORDINATOR · (80l) 531-9077 j Cutting Edge Antitrust Issues Involving Utah Companies by John Flynn, Mark Glick, Jonathan Hafen, James Kearl, Clark Waddoups Several Utah Companies have recently been at the cutting edge products must be used together and no other disk works in the of antitrust economics and jurisprudence. This article summa- ZIP drive. Moreover, the products are sold intertemporally. rizes the presentations given at Sun Valley by Mark Glick, Once you purchase the ZIP drive, you can buy additional disks University of Utah; Clark Waddoups and Jonathan Hafen, Parr, later in the "after-market." Finally, and of critical importance in Waddoups, Brown, Gee & Loveless; James Kearl, Brigham the case, Iomega sells the drive cheap and makes the lion's Young University; and John Flynn, University of Utah. share of its profits from disk sales. This pricing strategy Iomega cals the "razor/razor blade" strategy. i. PROTECTING A PROPRIETARY AFR-MAT The razor/razor blade strategy creates powerfl incentives for (Mark A. Glick) afer-market entry by others. As expected, another company, Following the Supreme Court's decision in Kodak, a series of located in France, figured out how to produce (through dubi- antitrust cases claiming "exploitation" of consumers in "after- ous means) an allegedly compatible disk for the ZIP drive. In markets" were fied. A complaint fied recently at the EC fact, the disk was not a substitute, and tests conducted by inde- Commission involving Iomega raised several complicated ques- pendent laboratories showed that the disks actually damaged tions concerning the nature of after-market exploitation.
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