State Universities - Legislation Control of a Constitutional Corporation

The Utah Constitution provides: The location and establishment by existing laws of the University of Utah, and the Agricultural College are hereby confirmed, and all the rights, immunities, franchises and endowments heretofore granted or conferred, are hereby perpetuated unto said University and Agricultural College respectively.\u27\u27 Relying on this provision, plaintiff university brought an action against the State Board of Examiners and other agencies of the state to obtain a declaratory judgment that this clause put complete control of the university in its board of regents, thereby preventing the state legislature from delegating any powers of control to other state agencies or officials. Plaintiff also sought to have defendants enjoined from ever exercising such powers. The trial court found for the plaintiff, ruling that the university was a constitutional corporation free from control by the defendants. On appeal, held, reversed and remanded. This clause of the constitution when interpreted in the light of prior territorial legislation does not give the plaintiff the status of a constitutional corporation, free from legislative control. University of Utah v. Board of Examiners, 4 Utah (2d) 408, 295 P. (2d) 348 (1956)

Wills - Devise to Executor for Further Distribution - Application of Trust and Power Doctrines

This comment is designed to demonstrate the potential. anomalies which exist in traditional thinking in this area and to point up some possibilities for correlation of the hitherto unrelated concepts developed in the trust and power realms

Labor Law - NLRA - Ally Doctrine

With the purpose of compelling Roy Construction Co. to stop buying supplies from Roy Lumber Co., a non-union supplier which the union had been unsuccessfully trying to organize, the union called a strike of the employees of Roy Construction. While the two employers were distinct corporate entities, all of the stock in both was owned by the five Roy brothers, and the two boards of directors were largely identical. The two businesses were parts of a family partnership venture and were engaged in related businesses with Roy Lumber supplying Roy Construction\u27s millwork. The NLRB issued a complaint against the striking union for engaging in an unfair labor practice in violation of section 8 (b) (4) (A) of the National Labor Relations Act. On hearing by the NLRB, held, complaint dismissed. The union\u27s effort to induce Roy Construction to cease doing business with Roy Lumber was not an illegal secondary boycott because the common ownership and control and the interrelation of the two businesses make the two employers allies. Carpenters Union (J.G. Roy & Sons Co.), 118 N.L.R.B. No. 24, 40 L.R.R.M. 1171 (1957)

Finishing the euchromatic sequence of the human genome

The sequence of the human genome encodes the genetic instructions for human physiology, as well as rich information about human evolution. In 2001, the International Human Genome Sequencing Consortium reported a draft sequence of the euchromatic portion of the human genome. Since then, the international collaboration has worked to convert this draft into a genome sequence with high accuracy and nearly complete coverage. Here, we report the result of this finishing process. The current genome sequence (Build 35) contains 2.85 billion nucleotides interrupted by only 341 gaps. It covers ∼99% of the euchromatic genome and is accurate to an error rate of ∼1 event per 100,000 bases. Many of the remaining euchromatic gaps are associated with segmental duplications and will require focused work with new methods. The near-complete sequence, the first for a vertebrate, greatly improves the precision of biological analyses of the human genome including studies of gene number, birth and death. Notably, the human enome seems to encode only 20,000-25,000 protein-coding genes. The genome sequence reported here should serve as a firm foundation for biomedical research in the decades ahead

State Universities - Legislation Control of a Constitutional Corporation

The Utah Constitution provides: The location and establishment by existing laws of the University of Utah, and the Agricultural College are hereby confirmed, and all the rights, immunities, franchises and endowments heretofore granted or conferred, are hereby perpetuated unto said University and Agricultural College respectively.\u27\u27 Relying on this provision, plaintiff university brought an action against the State Board of Examiners and other agencies of the state to obtain a declaratory judgment that this clause put complete control of the university in its board of regents, thereby preventing the state legislature from delegating any powers of control to other state agencies or officials. Plaintiff also sought to have defendants enjoined from ever exercising such powers. The trial court found for the plaintiff, ruling that the university was a constitutional corporation free from control by the defendants. On appeal, held, reversed and remanded. This clause of the constitution when interpreted in the light of prior territorial legislation does not give the plaintiff the status of a constitutional corporation, free from legislative control. University of Utah v. Board of Examiners, 4 Utah (2d) 408, 295 P. (2d) 348 (1956)

Labor Law - NLRA - Ally Doctrine

With the purpose of compelling Roy Construction Co. to stop buying supplies from Roy Lumber Co., a non-union supplier which the union had been unsuccessfully trying to organize, the union called a strike of the employees of Roy Construction. While the two employers were distinct corporate entities, all of the stock in both was owned by the five Roy brothers, and the two boards of directors were largely identical. The two businesses were parts of a family partnership venture and were engaged in related businesses with Roy Lumber supplying Roy Construction\u27s millwork. The NLRB issued a complaint against the striking union for engaging in an unfair labor practice in violation of section 8 (b) (4) (A) of the National Labor Relations Act. On hearing by the NLRB, held, complaint dismissed. The union\u27s effort to induce Roy Construction to cease doing business with Roy Lumber was not an illegal secondary boycott because the common ownership and control and the interrelation of the two businesses make the two employers allies. Carpenters Union (J.G. Roy & Sons Co.), 118 N.L.R.B. No. 24, 40 L.R.R.M. 1171 (1957)

Wills - Devise to Executor for Further Distribution - Application of Trust and Power Doctrines

This comment is designed to demonstrate the potential. anomalies which exist in traditional thinking in this area and to point up some possibilities for correlation of the hitherto unrelated concepts developed in the trust and power realms