Paul Warner (judge)
Encyclopedia
Paul Michael Warner is a federal magistrate judge for the United States District Court for the District of Utah
. He was appointed to this position on February 19, 2006.
Warner was born in 1949 in Seattle, Washington
. He grew up in Salt Lake City, Utah
and graduated from East High School. He then served a two-year mission in the Philippines
for The Church of Jesus Christ of Latter-day Saints. Warner received his Bachelor of Arts degree in English from Brigham Young University
(BYU) in 1973. He graduated in the charter class of the J. Reuben Clark Law School at BYU in 1976. He received a Masters degree in Public Administration from the Marriott School of Management at BYU in 1984. He teaches at the BYU law school as an adjunct professor, teaching criminal trial practice, among other classes.
, acting as both prosecutor and defense counsel, and eventually becoming Department Head and Chief Defense Counsel of the Naval JAG in San Diego. He continued his military service and was in the Judge Advocate General Branch of the Utah Army National Guard for 25 years. He retired in 2006 and currently is a Colonel and the State Staff Judge Advocate. He received the Legion of Merit and the Army’s Meritorious Service medal with two oak leaf clusters in recognition of his long-term service, including his work in mobilizing members of the Guard for service in Operation Desert Storm.
Warner worked on numerous high-profile cases, including the Hi-Fi murders
. This was a criminal case in which three United States Air Force
airmen committed murder, rape, and robbery in the Hi-Fi shop in Ogden, Utah
. William Andrews and Dale Selby Pierre took five people hostage at the store and killed three of them. Pierre raped one of the female hostages before killing her. The two who survived had significant injuries. Keith Roberts assisted Pierre and Andrews with the robbery, but not with the other crimes. After the trial, Andrews and Pierre were found guilty and sentenced to death.
Warner also worked on the Arthur Gary Bishop
murder cases. Bishop had a history of molesting children for many years before he was caught. His crimes advanced to murder, and he confessed to murdering five young boys from 1979 to 1983. He was tried and found guilty of five counts of aggravated murder, five counts of aggravated kidnapping, and one count of sexually abusing a minor, and was sentenced to death. Bishop was executed by lethal injection
at Utah State Prison
in Point of the Mountain on June 10, 1988.
and supported by Senator Orrin Hatch
to be the United States Attorney for the District of Utah. Paul Warner was confirmed by the United States Senate and was sworn in on July 31, 1998. He was one of the only two U.S. Attorneys nationwide to be retained by President George W. Bush
after Bush’s election. Warner’s taking office created a vacancy in the Criminal Chief’s position, and he appointed veteran prosecutor Richard Lambert to the post. He also named Carlie Christensen
as the new Civil Chief. She was the first female division chief in the office’s history. He was Chairman of the United States Attorney General’s Advisory Committee of U.S. Attorneys from 2001-2003.
Warner was the U.S. Attorney during the September 11 attacks in 2001, and played an important role in advising the government on counter terrorism issues following the terrorist attack. Warner’s office had a major role in the security planning of the events during the Salt Lake City 2002 Olympic Winter Games. Because the Olympics were held four months after 9/11, there was a tremendous public safety effort on the federal, state and local level.. Regarding illegal immigration, Warner had proposed an emphasis on prosecuting aggravated re-entry cases when he was criminal chief. The office’s effort expanded over time into cases involving more conduct such as alien smuggling, alien harboring, transporting, and passport fraud. In addition to “Operation Safe Travel” and the commercial driver’s license initiative, the Office mounted a consistent on-going immigration enforcement effort.
.
(RICO) prosecution of a street gang on drug-related charges. The case was "United States of America v. Tyrese Sharod Smith", 413 F.3d 1253 (10th Cir. 2005). The RICO conspiracy statute proved to be a particularly potent tool against two virulent criminal gangs. Ten members or significant associates of the King Mafia Disciples, a street and prison gang patterned after the Gangster Disciple Nation of Chicago, were indicted in 2002, charged with violations of the RICO conspiracy statute and with violent crime in aid of racketeering activity. KMD members engaged in drive-by shootings, walk-up shootings, home invasion robberies, drug trafficking crimes, and ordering murders from behind prison walls. One of the predicate acts, a murder ordered by the leader of KMD, was committed by members who killed a 19-year-old-boy with a sawed-off shotgun. This boy was mistakenly identified as a member of a rival gang. The leader of KMD was convicted after an eight-day trial and sentenced to life imprisonment. The nine other defendants pleaded and were sentenced to long terms.
Litigation involving the Grand Staircase-Escalante National Monument
was a significant civil case that was during Warner’s time. The case was "Utah Association of Counties v. George W. Bush", 455 F.3d 1094 (10th Cir. 2006). President Clinton’s controversial creation of the Grand Staircase-Escalante National Monument turned into litigation as several states-rights advocacy groups sued to have the designation reversed. Division Chief Carlie Christensen headed a team with DOJ attorneys who, in multi-year litigation, gained a favorable judgment in the District Court and an affirmance by the Tenth Circuit..
Warner also prosecuted a case involving a bombing at Dixie State College in St. George, "U.S. v. Robert Allen Little, Jr.", 132 F.3d 43 (10th Cir. 1997), and a case involving cross burning in Salt Lake City His specialty as a prosecutor was civil rights cases.
to allegedly order murders. Jeffrey Lane Mowen appeared before Warner, seeking a release from custody pending his trial on charges of wire fraud, witness tampering and retaliating against a witness, and solicitation to commit a crime of violence. Mowen had been arrested after scamming investors out of more than $18 million in a Ponzi scheme
. Federal prosecutors stated that Mowen attempted to have four former investors murdered by a white supremacist so they couldn’t testify against him while he was in the Davis County Jail. Prosecutors also stated that Mowen used Morse code in one instance to dictate a letter to another inmate ordering the murders. Judge Paul Warner denied Mowen’s request for pretrial release.
Judge Warner also presided over many drug and child pornography prosecutions. In one case, a TV producer was arrested in 2007 at the Salt Lake City International Airport
after child pornography was found in his luggage. Kevin Stewart McMahan was charged in federal court with one count each of possession and transportation of child pornography. Judge Warner agreed to release McMahan from custody pending trial under strict guidelines, such as wearing an ankle monitoring bracelet, because McMahan’s job required extensive traveling, and he was not deemed to be a flight risk..
Another case involved Idaho State University
history professor Thomas Francis Hale who was accused of a hantavirus
hoax in 2006. Federal prosecutors said the professor sent a fax suggesting that federal bankruptcy trustee Elizabeth Loveridge should check out the “Hazmat” that would be coming in an orange envelope. A few days later, an envelope arrived with “caution” written on it. There was a note inside that said “Termites or hantavirus from mice?” Assistant U.S. Attorney Trina Higgins said the note was wrapped around what was believed to be termites, and it didn’t contain the hantavirus. The note was part of a federal indictment that was handed down against Hale, charging him with making the phony hantavirus hoax, lying to federal authorities and hiding assets during bankruptcy proceedings. Hale was arrested by the FBI’s Joint Terrorism Task Force at the Salt Lake City International Airport after stepping off a flight from Chicago. Hale appeared before Judge Paul Warner, and he pleaded not guilty to the charges. Judge Warner ordered Hale to be released from the Salt Lake County Jail with a number of conditions of release, including that he have no contact with Loveridge except through her attorney and that he undergo mental health therapy.
In another case, a Southwest Airlines
co-pilot faced federal DUI
charges in 2006. A federal complaint was filed against Carl Fulton, who was accused of operating a plane under the influence of alcohol. Fulton was pulled from the cockpit of a Southwest Airlines Flight preparing to leave Salt Lake City bound for Phoenix after a Transportation Security Administration screener detected alcohol on his breath. The screener followed Fulton and watched him board the flight. Airport police were called and Fulton was asked to step outside the plane, according to a complaint filed in federal court. Fulton made an appearance before Judge Paul Warner, and he was charged with one count of operation of a common carrier under the influence of alcohol or drugs. The charge carries a maximum penalty of 15 years in prison and up to $250,000 in fines..
, and Hong Kong
is one of his favorite cities.
and as at numerous local functions, service clubs, and routine bar presentations. He speaks regularly as a judge, and he has been the speaker every year for the past 12 years at Weber State College on the topic of American values and citizenship. He has been frequently published in various law journals.
United States District Court for the District of Utah
The United States District Court for the District of Utah is the Federal district court whose jurisdiction is the state of Utah...
. He was appointed to this position on February 19, 2006.
Early life and education
Warner was born in 1949 in Seattle, Washington
Seattle, Washington
Seattle is the county seat of King County, Washington. With 608,660 residents as of the 2010 Census, Seattle is the largest city in the Northwestern United States. The Seattle metropolitan area of about 3.4 million inhabitants is the 15th largest metropolitan area in the country...
. He grew up in Salt Lake City, Utah
Salt Lake City, Utah
Salt Lake City is the capital and the most populous city of the U.S. state of Utah. The name of the city is often shortened to Salt Lake or SLC. With a population of 186,440 as of the 2010 Census, the city lies in the Salt Lake City metropolitan area, which has a total population of 1,124,197...
and graduated from East High School. He then served a two-year mission in the Philippines
Philippines
The Philippines , officially known as the Republic of the Philippines , is a country in Southeast Asia in the western Pacific Ocean. To its north across the Luzon Strait lies Taiwan. West across the South China Sea sits Vietnam...
for The Church of Jesus Christ of Latter-day Saints. Warner received his Bachelor of Arts degree in English from Brigham Young University
Brigham Young University
Brigham Young University is a private university located in Provo, Utah. It is owned and operated by The Church of Jesus Christ of Latter-day Saints , and is the United States' largest religious university and third-largest private university.Approximately 98% of the university's 34,000 students...
(BYU) in 1973. He graduated in the charter class of the J. Reuben Clark Law School at BYU in 1976. He received a Masters degree in Public Administration from the Marriott School of Management at BYU in 1984. He teaches at the BYU law school as an adjunct professor, teaching criminal trial practice, among other classes.
Military service
After graduating from law school, Warner served six years as a trial lawyer in the Judge Advocate General Corps of the United States NavyUnited States Navy
The United States Navy is the naval warfare service branch of the United States Armed Forces and one of the seven uniformed services of the United States. The U.S. Navy is the largest in the world; its battle fleet tonnage is greater than that of the next 13 largest navies combined. The U.S...
, acting as both prosecutor and defense counsel, and eventually becoming Department Head and Chief Defense Counsel of the Naval JAG in San Diego. He continued his military service and was in the Judge Advocate General Branch of the Utah Army National Guard for 25 years. He retired in 2006 and currently is a Colonel and the State Staff Judge Advocate. He received the Legion of Merit and the Army’s Meritorious Service medal with two oak leaf clusters in recognition of his long-term service, including his work in mobilizing members of the Guard for service in Operation Desert Storm.
Assistant Utah Attorney General
In 1982, Warner was appointed as an Assistant Attorney General of Utah. He served nearly six and one-half years in that office. He was a member of the litigation division for four years, three of which he served as division chief. He then served for two and one-half years as Associate Chief Deputy Attorney General. While employed in the Attorney General’s office, he was primarily involved with state law and public policy issues.Warner worked on numerous high-profile cases, including the Hi-Fi murders
Hi-Fi Murders
The Hi-Fi murders were the brutal killings of three people during a robbery at a home audio store in Ogden, Utah, on April 22, 1974. Five people had been held hostage but two survived with severe injuries. All were bound and forced to drink corrosive drain cleaner. One victim had a pen kicked into...
. This was a criminal case in which three United States Air Force
United States Air Force
The United States Air Force is the aerial warfare service branch of the United States Armed Forces and one of the American uniformed services. Initially part of the United States Army, the USAF was formed as a separate branch of the military on September 18, 1947 under the National Security Act of...
airmen committed murder, rape, and robbery in the Hi-Fi shop in Ogden, Utah
Ogden, Utah
Ogden is a city in Weber County, Utah, United States. Ogden serves as the county seat of Weber County. The population was 82,825 according to the 2010 Census. The city served as a major railway hub through much of its history, and still handles a great deal of freight rail traffic which makes it a...
. William Andrews and Dale Selby Pierre took five people hostage at the store and killed three of them. Pierre raped one of the female hostages before killing her. The two who survived had significant injuries. Keith Roberts assisted Pierre and Andrews with the robbery, but not with the other crimes. After the trial, Andrews and Pierre were found guilty and sentenced to death.
Warner also worked on the Arthur Gary Bishop
Arthur Gary Bishop
Arthur Gary Bishop was a convicted American child molester and serial killer. He confessed to the murders of five young boys in 1983, as a result of a routine police investigation.-Early life:...
murder cases. Bishop had a history of molesting children for many years before he was caught. His crimes advanced to murder, and he confessed to murdering five young boys from 1979 to 1983. He was tried and found guilty of five counts of aggravated murder, five counts of aggravated kidnapping, and one count of sexually abusing a minor, and was sentenced to death. Bishop was executed by lethal injection
Lethal injection
Lethal injection is the practice of injecting a person with a fatal dose of drugs for the express purpose of causing the immediate death of the subject. The main application for this procedure is capital punishment, but the term may also be applied in a broad sense to euthanasia and suicide...
at Utah State Prison
Utah State Prison
Utah State Prison, or USP, is one of two prisons managed by the Utah Department of Corrections' Division of Institutional Operations. It is located in Draper, Utah, United States, about 20 miles southwest of Salt Lake City.-History:...
in Point of the Mountain on June 10, 1988.
U.S. Attorney
Warner joined the United States Attorney’s Office for the District of Utah in 1989. He held the positions of First Assistant United States Attorney, Chief of the Criminal Division, and Violent Crimes and Hate Crimes Coordinator. On July 29, 1998 he was nominated by President Bill ClintonBill Clinton
William Jefferson "Bill" Clinton is an American politician who served as the 42nd President of the United States from 1993 to 2001. Inaugurated at age 46, he was the third-youngest president. He took office at the end of the Cold War, and was the first president of the baby boomer generation...
and supported by Senator Orrin Hatch
Orrin Hatch
Orrin Grant Hatch is the senior United States Senator for Utah and is a member of the Republican Party. Hatch served as the chairman or ranking member of the Senate Judiciary Committee from 1993 to 2005...
to be the United States Attorney for the District of Utah. Paul Warner was confirmed by the United States Senate and was sworn in on July 31, 1998. He was one of the only two U.S. Attorneys nationwide to be retained by President George W. Bush
George W. Bush
George Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....
after Bush’s election. Warner’s taking office created a vacancy in the Criminal Chief’s position, and he appointed veteran prosecutor Richard Lambert to the post. He also named Carlie Christensen
Carlie Christensen
Carlie Christensen was the acting United States Attorney for the District of Utah until President Barack Obama nominated and the U.S. Senate confirmed Republican David B. Barlow . She holds a bachelors degree from Westminster College and a law degree from the University of Utah...
as the new Civil Chief. She was the first female division chief in the office’s history. He was Chairman of the United States Attorney General’s Advisory Committee of U.S. Attorneys from 2001-2003.
Warner was the U.S. Attorney during the September 11 attacks in 2001, and played an important role in advising the government on counter terrorism issues following the terrorist attack. Warner’s office had a major role in the security planning of the events during the Salt Lake City 2002 Olympic Winter Games. Because the Olympics were held four months after 9/11, there was a tremendous public safety effort on the federal, state and local level.. Regarding illegal immigration, Warner had proposed an emphasis on prosecuting aggravated re-entry cases when he was criminal chief. The office’s effort expanded over time into cases involving more conduct such as alien smuggling, alien harboring, transporting, and passport fraud. In addition to “Operation Safe Travel” and the commercial driver’s license initiative, the Office mounted a consistent on-going immigration enforcement effort.
Utah State Bar and service to the legal profession
Paul Warner served on the Utah Supreme Court Advisory Committee on the rules of Civil Procedure, and he is on the Utah State Bar Mentoring Committee.] Paul Warner has been involved in numerous professional organizations, including serving as a Master of the Bench in the American Inns of Court and Chairman of the Board of Visitors for the BYU Law School. He has received multiple military and civilian professional awards, including his election as a Fellow in the American College of Trial LawyersAmerican College of Trial Lawyers
The American College of Trial Lawyers is a professional association of trial lawyers from the United States and Canada. Founded in 1950, the College is dedicated to maintaining and improving the standards of trial practice, the administration of justice and the ethics of the profession...
.
Judicial career
In December, 2005, Warner accepted an appointment as the fourth United States Magistrate Judge in the District of Utah. He was sworn in on February, 2006. As a Magistrate Judge, Warner hears discovery disputes and other non-dispositive civil motions and lesser criminal offenses. Under a pilot program adopted by the federal judges in Utah, Warner has presided over civil trials with the consent of all parties.U.S. Attorney/Prosecutor cases
In 2002 the U.S. Attorney’s Office filed the nation’s first-ever Racketeer Influenced and Corrupt Organizations ActRacketeer Influenced and Corrupt Organizations Act
The Racketeer Influenced and Corrupt Organizations Act, commonly referred to as the RICO Act or simply RICO, is a United States federal law that provides for extended criminal penalties and a civil cause of action for acts performed as part of an ongoing criminal organization...
(RICO) prosecution of a street gang on drug-related charges. The case was "United States of America v. Tyrese Sharod Smith", 413 F.3d 1253 (10th Cir. 2005). The RICO conspiracy statute proved to be a particularly potent tool against two virulent criminal gangs. Ten members or significant associates of the King Mafia Disciples, a street and prison gang patterned after the Gangster Disciple Nation of Chicago, were indicted in 2002, charged with violations of the RICO conspiracy statute and with violent crime in aid of racketeering activity. KMD members engaged in drive-by shootings, walk-up shootings, home invasion robberies, drug trafficking crimes, and ordering murders from behind prison walls. One of the predicate acts, a murder ordered by the leader of KMD, was committed by members who killed a 19-year-old-boy with a sawed-off shotgun. This boy was mistakenly identified as a member of a rival gang. The leader of KMD was convicted after an eight-day trial and sentenced to life imprisonment. The nine other defendants pleaded and were sentenced to long terms.
Litigation involving the Grand Staircase-Escalante National Monument
Grand Staircase-Escalante National Monument
The Grand Staircase-Escalante National Monument contains 1.9 million acres of land in southern Utah, the United States. There are three main regions: the Grand Staircase, the Kaiparowits Plateau, and the Canyons of the Escalante. President Bill Clinton designated the area as a U.S. National...
was a significant civil case that was during Warner’s time. The case was "Utah Association of Counties v. George W. Bush", 455 F.3d 1094 (10th Cir. 2006). President Clinton’s controversial creation of the Grand Staircase-Escalante National Monument turned into litigation as several states-rights advocacy groups sued to have the designation reversed. Division Chief Carlie Christensen headed a team with DOJ attorneys who, in multi-year litigation, gained a favorable judgment in the District Court and an affirmance by the Tenth Circuit..
Warner also prosecuted a case involving a bombing at Dixie State College in St. George, "U.S. v. Robert Allen Little, Jr.", 132 F.3d 43 (10th Cir. 1997), and a case involving cross burning in Salt Lake City His specialty as a prosecutor was civil rights cases.
Magistrate Judge cases
Judge Warner presided over various proceedings in the case "United States of America v. Jeffrey Mowen", 2:09-CR-00098 (Utah 2010), which involved a man who used Morse codeMorse code
Morse code is a method of transmitting textual information as a series of on-off tones, lights, or clicks that can be directly understood by a skilled listener or observer without special equipment...
to allegedly order murders. Jeffrey Lane Mowen appeared before Warner, seeking a release from custody pending his trial on charges of wire fraud, witness tampering and retaliating against a witness, and solicitation to commit a crime of violence. Mowen had been arrested after scamming investors out of more than $18 million in a Ponzi scheme
Ponzi scheme
A Ponzi scheme is a fraudulent investment operation that pays returns to its investors from their own money or the money paid by subsequent investors, rather than from any actual profit earned by the individual or organization running the operation...
. Federal prosecutors stated that Mowen attempted to have four former investors murdered by a white supremacist so they couldn’t testify against him while he was in the Davis County Jail. Prosecutors also stated that Mowen used Morse code in one instance to dictate a letter to another inmate ordering the murders. Judge Paul Warner denied Mowen’s request for pretrial release.
Judge Warner also presided over many drug and child pornography prosecutions. In one case, a TV producer was arrested in 2007 at the Salt Lake City International Airport
Salt Lake City International Airport
Salt Lake City International Airport is a major public airport in Utah. A joint civil-military facility, it is located in western Salt Lake City, approximately four miles from the central business district...
after child pornography was found in his luggage. Kevin Stewart McMahan was charged in federal court with one count each of possession and transportation of child pornography. Judge Warner agreed to release McMahan from custody pending trial under strict guidelines, such as wearing an ankle monitoring bracelet, because McMahan’s job required extensive traveling, and he was not deemed to be a flight risk..
Another case involved Idaho State University
Idaho State University
Idaho State University is a public university located in Pocatello, Idaho. It has outreach programs in Coeur d'Alene, Idaho Falls, Boise, and Twin Falls....
history professor Thomas Francis Hale who was accused of a hantavirus
Hantavirus
Hantaviruses are negative sense RNA viruses in the Bunyaviridae family. Humans may be infected with hantaviruses through rodent bites, urine, saliva or contact with rodent waste products...
hoax in 2006. Federal prosecutors said the professor sent a fax suggesting that federal bankruptcy trustee Elizabeth Loveridge should check out the “Hazmat” that would be coming in an orange envelope. A few days later, an envelope arrived with “caution” written on it. There was a note inside that said “Termites or hantavirus from mice?” Assistant U.S. Attorney Trina Higgins said the note was wrapped around what was believed to be termites, and it didn’t contain the hantavirus. The note was part of a federal indictment that was handed down against Hale, charging him with making the phony hantavirus hoax, lying to federal authorities and hiding assets during bankruptcy proceedings. Hale was arrested by the FBI’s Joint Terrorism Task Force at the Salt Lake City International Airport after stepping off a flight from Chicago. Hale appeared before Judge Paul Warner, and he pleaded not guilty to the charges. Judge Warner ordered Hale to be released from the Salt Lake County Jail with a number of conditions of release, including that he have no contact with Loveridge except through her attorney and that he undergo mental health therapy.
In another case, a Southwest Airlines
Southwest Airlines
Southwest Airlines Co. is an American low-cost airline based in Dallas, Texas. Southwest is the largest airline in the United States, based upon domestic passengers carried,...
co-pilot faced federal DUI
DUI
DUI is a three letter acronym that may stand for:* Driving under the influence * Democratic Union for Integration — the largest ethnic Albanian party in the Republic of Macedonia* Data Use Identifier...
charges in 2006. A federal complaint was filed against Carl Fulton, who was accused of operating a plane under the influence of alcohol. Fulton was pulled from the cockpit of a Southwest Airlines Flight preparing to leave Salt Lake City bound for Phoenix after a Transportation Security Administration screener detected alcohol on his breath. The screener followed Fulton and watched him board the flight. Airport police were called and Fulton was asked to step outside the plane, according to a complaint filed in federal court. Fulton made an appearance before Judge Paul Warner, and he was charged with one count of operation of a common carrier under the influence of alcohol or drugs. The charge carries a maximum penalty of 15 years in prison and up to $250,000 in fines..
Personal life
Warner is married and has four children; two boys and two girls. All of his children are married and all have law-related careers. He has ten grandchildren. Warner’s military career was important to him, and was a major part of his life. Some of the things he likes to do are bike and read obituaries. He finds obituaries to be amusing and interesting, and he reads them every day. Also, he is a collector of paper weights (he has over 500 in his office), hats, pens, boxes, and military and law enforcement coins, to name a few. Paul Warner has traveled all around the world. He loves the Far EastFar East
The Far East is an English term mostly describing East Asia and Southeast Asia, with South Asia sometimes also included for economic and cultural reasons.The term came into use in European geopolitical discourse in the 19th century,...
, and Hong Kong
Hong Kong
Hong Kong is one of two Special Administrative Regions of the People's Republic of China , the other being Macau. A city-state situated on China's south coast and enclosed by the Pearl River Delta and South China Sea, it is renowned for its expansive skyline and deep natural harbour...
is one of his favorite cities.
Publications and speeches
Warner has given hundreds of speeches, and he has testified before the U.S. Sentencing Commission. He has spoken at national conventions on Project Safe NeighborhoodsProject Safe Neighborhoods
Project Safe Neighborhoods is a national initiative by the United States Department of Justice to reduce gun violence in the United States. The project is a partnership designed to develop, implement, and evaluate data-driven violence reduction strategies in communities, and improve the long-term...
and as at numerous local functions, service clubs, and routine bar presentations. He speaks regularly as a judge, and he has been the speaker every year for the past 12 years at Weber State College on the topic of American values and citizenship. He has been frequently published in various law journals.