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Deferral: Consider Ending It Instead Of Expanding It, J. Clifton Fleming Jr. Dec 2000

Deferral: Consider Ending It Instead Of Expanding It, J. Clifton Fleming Jr.

Faculty Scholarship

No abstract provided.


Towards A Defensible Free Exercise Doctrine, Frederick Mark Gedicks Jan 2000

Towards A Defensible Free Exercise Doctrine, Frederick Mark Gedicks

Faculty Scholarship

Almost from the moment that the Supreme Court abandoned the religious exemption doctrine in Employment Division v. Smith, its defenders have worked to bring it back. More than a decade later, however, Smith remains well-entrenched; not only has the Court confirmed Smith's basic holding, but it also struck the Religious Freedom Restoration Act, Congress's first effort to restore the exemption doctrine, at least as it applied to the states.

Proponents of religious exemptions cannot ignore the hard truth that they can no longer be defended. During the nineteenth and early twentieth centuries, American society viewed the practice of ...


Protecting The Sacred Sites Of Indigenous People In U.S. Courts: Reconciling Native American Religion And The Right To Exclude, Kevin J. Worthen Jan 2000

Protecting The Sacred Sites Of Indigenous People In U.S. Courts: Reconciling Native American Religion And The Right To Exclude, Kevin J. Worthen

Faculty Scholarship

The key to understanding current U. S. caselaw concerning the protection of Native American sacred sites is arguably found in the dissenting opinion of an eighteen-year old case involving not religious freedom, not sacred sites, and not cultural heritage - but the right of Indian tribes to impose severance taxes on non-tribal members who extract oil and gas from tribal lands. In Merrion v. Jicarilla Apache Tribe, Justice Stevens refused to join the majority’s conclusion that the inherent sovereignty of the Jicarilla Apache Tribe included the power to impose such a tax. In his view, a tribe’s authority to ...


Ogden Portland Cement Company V. Public Utilities Commission Of Utah : Reply Brief, Utah Supreme Court Jan 2000

Ogden Portland Cement Company V. Public Utilities Commission Of Utah : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

BRIEF IN OPPOSITION TO THE RESPECTIVE APPLICATIONS OF PLAINTIFFS HEREIN FOR WRITS OF PROHIBITION


J.R. Walker V. Tracy Loan & Trust Company, A Corporation As Receiver For Walker Brothers Dry Good Company, A Corporation : Brief Of Respondent, Utah Supreme Court Jan 2000

J.R. Walker V. Tracy Loan & Trust Company, A Corporation As Receiver For Walker Brothers Dry Good Company, A Corporation : Brief Of Respondent, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

Case No. 5338


Local Realty Company, A Corporation V. V.A. Lindquist And Mary Lindquist, His Wife : Reply Brief Of Appellants, Utah Supreme Court Jan 2000

Local Realty Company, A Corporation V. V.A. Lindquist And Mary Lindquist, His Wife : Reply Brief Of Appellants, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

APPEAL FROM THE DISTRICT COURT OF SALT LAKE COUNTY, HON. ALLEN G. THURMAN, JUDGE.


California Packing Corporation, A Corporation V. State Tax Commission : Brief Of Plaintiff, Utah Supreme Court Jan 2000

California Packing Corporation, A Corporation V. State Tax Commission : Brief Of Plaintiff, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

CASE NO. 6049


E. A. Walton V. Tracy Loan And Trust : Brief Of Appellant, Utah Supreme Court Jan 2000

E. A. Walton V. Tracy Loan And Trust : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

Appeal from Salt Lake County District Court, Hon. O. W. McConkie, Judge.


Combined Metals V. State Tax Commission : Reply Brief, Utah Supreme Court Jan 2000

Combined Metals V. State Tax Commission : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

Answer to Petition for Rehearing.


John Leach V. Norma B. Anderson, Valley Bank And Trust Company : Petition For Rehearing, Utah Supreme Court Jan 2000

John Leach V. Norma B. Anderson, Valley Bank And Trust Company : Petition For Rehearing, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

Appeal from a Judgment of the Third District Court of Salt Lake County, Honorable James S. Sawaya, Judge


General Insurance Company Of America V. Carnicero Dynasty Corporation, Wendell L. Butcher, Irene B. Butcher, Chris L. Stanfield, Janis B. Stanfield, Ben D. Isaac, And Lila O. Isaac : Brief Of Respondent, Utah Supreme Court Jan 2000

General Insurance Company Of America V. Carnicero Dynasty Corporation, Wendell L. Butcher, Irene B. Butcher, Chris L. Stanfield, Janis B. Stanfield, Ben D. Isaac, And Lila O. Isaac : Brief Of Respondent, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

Appeal from Judgment, Third Judicial District Court of Salt Lake County, State of Utah, The Honorable Bryant H. Croft, District Judge.


Vickie Jean Butler Heath V. Darrell Eugene Heath : Brief Of Respondent, Utah Supreme Court Jan 2000

Vickie Jean Butler Heath V. Darrell Eugene Heath : Brief Of Respondent, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

Appeal from Order Denying Motion to Set Aside Default Judgment of the Fourth District Court, Utah County Hon. J. Robert Bullock, Judge.


Ray L. Crawford, Virginia Christensen, Robert Crawford, Keller J. Crawford And Mary Ellen Laughter V. Frank Arthur Manning : Brief Of Respondent, Utah Supreme Court Jan 2000

Ray L. Crawford, Virginia Christensen, Robert Crawford, Keller J. Crawford And Mary Ellen Laughter V. Frank Arthur Manning : Brief Of Respondent, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

Appeal from the verdict of the District Court of the Second Judicial District in and for the County of Weber, State of Utah, Honorable John F. Wahlquist, presiding.


The State Of Utah V. Samuel S. Taylor : Brief Of Appellant, Utah Supreme Court Jan 2000

The State Of Utah V. Samuel S. Taylor : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

Appeal from the judgement and sentence entered against him by the Third Judicial District Court, in and for Salt Lake County, State of Utah.


Susan E. Maxfield, As Guardian Ad Litem For Laurie Ann Maxfield V. Keneth O. Fishler : Appellant's Reply Brief, Utah Supreme Court Jan 2000

Susan E. Maxfield, As Guardian Ad Litem For Laurie Ann Maxfield V. Keneth O. Fishler : Appellant's Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

Appeal from the Order of Dismissal of the District Court of Salt Lake County, Honorable Bryant H. Croft, Judge


Skyline Leasing V. Datacap, A Division Of International Computer Systems, Inc., A Utah Corporation; And International Computer Systems, Inc., A Utah Corporation : Brief Of Respondent, Utah Supreme Court Jan 2000

Skyline Leasing V. Datacap, A Division Of International Computer Systems, Inc., A Utah Corporation; And International Computer Systems, Inc., A Utah Corporation : Brief Of Respondent, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

No abstract provided.


Associates Of Obstetrics And Female Surgery, Inc., A Utah Corporation V. Apollo Products, Inc., A Utah Corporation; Gordon I. Hyde And Gary B. Whetton, Individuals, And National Bank Of North America : Brief Of Appellant On Remand, Utah Supreme Court Jan 2000

Associates Of Obstetrics And Female Surgery, Inc., A Utah Corporation V. Apollo Products, Inc., A Utah Corporation; Gordon I. Hyde And Gary B. Whetton, Individuals, And National Bank Of North America : Brief Of Appellant On Remand, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

Response to Mandate of United States Supreme Court


Edward Oniskor V. Samuel W. Smith, Warden, Utah State Prison : Brief Of Respondent, Utah Supreme Court Jan 2000

Edward Oniskor V. Samuel W. Smith, Warden, Utah State Prison : Brief Of Respondent, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

APPEAL FROM A JUDGMENT OF THE THIRD JUDICIAL DISTRICT COURT, IN AND FOR SALT LAKE COUNTY, STATE OF UTAH, THE HONORABLE STEWART M. HANSON, SR., JUDGE, PRESIDING.


Deseret Livestock Company, A Corporation, And Anschutz Land And Livestock Company, Inc., A Corporation V. Utah Power And Light Company : Brief Of Respondents, Utah Supreme Court Jan 2000

Deseret Livestock Company, A Corporation, And Anschutz Land And Livestock Company, Inc., A Corporation V. Utah Power And Light Company : Brief Of Respondents, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

APPEAL FROM THIRD JUDICIAL DISTRICT COURT OF SALT LAKE COUNTY HONORABLE STEWART M. HANSON, PRESIDING


Deseret Livestock Company, Anschutz Land And Livestock Company, Inc. V. Utah Power And Light Company : Brief Of Respondent, Utah Supreme Court Jan 2000

Deseret Livestock Company, Anschutz Land And Livestock Company, Inc. V. Utah Power And Light Company : Brief Of Respondent, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

APPEAL FROM THIRD JUDICIAL DISTRICT COURT OF SALT LAKE COUNTY HONORABLE STEWART M. HANSON, PRESIDING


Calvin E. Carman, Brent Nielsen And Kristy Nielsen V. Bert Slavens, Et Al. : Brief Of Appellant, Utah Supreme Court Jan 2000

Calvin E. Carman, Brent Nielsen And Kristy Nielsen V. Bert Slavens, Et Al. : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

AN APPEAL FROM THE DEFAULT PARTIAL SUMMARY JUDGMENT OF THE FOURTH JUDICIAL DISTRICT COURT IN AND FOR UTAH COUNTY, STATE OF UTAH, BEFORE THE HONORABLE ALLEN B. SORENSEN, JUDGE.


Van L. Bushnell And Allison S. Bushnell, His Wife V. S. Delroy Sillitoe And Donna Sillitoe, His Wife, D. W. Ogden; D Land Title Compnay, A Utah Corporation; And James C. Sandberg, Dba Sandberg Engineers : Brief Of Respondent, Utah Supreme Court Jan 2000

Van L. Bushnell And Allison S. Bushnell, His Wife V. S. Delroy Sillitoe And Donna Sillitoe, His Wife, D. W. Ogden; D Land Title Compnay, A Utah Corporation; And James C. Sandberg, Dba Sandberg Engineers : Brief Of Respondent, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

APPEAL FROM THE JUDGMENT OF THE FIFTH JUDICIAL DISTRICT COURT OR IRON COUNTY, J. HARLAN BURNS, DISTRICT JUDGE PRESIDING


Don Williamson, Jodie K. Williamson V. George R. Wanlass, Lorna L. Wanlass : Brief Of Appellant, Utah Supreme Court Jan 2000

Don Williamson, Jodie K. Williamson V. George R. Wanlass, Lorna L. Wanlass : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

Brief of Appellant


Don K. Fullmer, Carma M. Fullmer, Dean Fullmer V. Ethel W. Blood : Brief Of Respondent, Utah Supreme Court Jan 2000

Don K. Fullmer, Carma M. Fullmer, Dean Fullmer V. Ethel W. Blood : Brief Of Respondent, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

Brief of Respondent


Crestview-Holladay Home Owners Association, Inc. V. Engh Floral Co., Salt Lake County : Brief Of Appellant, Utah Supreme Court Jan 2000

Crestview-Holladay Home Owners Association, Inc. V. Engh Floral Co., Salt Lake County : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

BRIEF OF DEFENDANTS-APPELLANTS SALT LAKE COUNTY, RALPH Y. McCLURE, WILLIAM E. DUNN AND PETE KUTULAS

An Appeal From The Judgment Entered In The Third Judicial District Court, In And For Salt Lake County, State Of Utah, The Honorable Gordon R. Hall, Judge, Presiding


David E. Sheley V. Merrill, Lynch, Pierce, Fenner And Smith : Brief Of Appellant, Utah Supreme Court Jan 2000

David E. Sheley V. Merrill, Lynch, Pierce, Fenner And Smith : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

Appeal from the Judgment of the District Court of Weber County, the Honorable Calvin Gould, Judge


Mynard A. Jacobson V. Edwin C. Hoffman : Reply Brief, Utah Supreme Court Jan 2000

Mynard A. Jacobson V. Edwin C. Hoffman : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

Appeal from Judgment of the First Judicial District Court for Rich County, Utah Honorable VeNoy Christoffersen, Judge


Edith K. Lyman And Karl R. Lyman V. Howard F. Hatch And Leland G. Brooks : Brief Of Appellant, Utah Supreme Court Jan 2000

Edith K. Lyman And Karl R. Lyman V. Howard F. Hatch And Leland G. Brooks : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

AN APPEAL FROM THE DECISION OF THE HONORABLE MAURICE HARDING JUDGE, FOURTH JUDICIAL DISTRICT COURT, UTAH COUNTY, STATE OF UTAH


Maurine Elg V. Boyd Fitzgerald And Valley View Riding Stables : Brief Of Appellant, Utah Supreme Court Jan 2000

Maurine Elg V. Boyd Fitzgerald And Valley View Riding Stables : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

APPEAL FROM A JUDGMENT OF THE THIRD DISTRICT COURT OF SALT LAKE COUNTY, HONORABLE G. HAL TAYLOR, JUDGE


Sylvia Keller V. Dwight E. Shelley : Brief Of Appellant, Utah Supreme Court Jan 2000

Sylvia Keller V. Dwight E. Shelley : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

Appeal from the judgment of the District Court, Utah County, State of Utah, Honorable Allen B. Sorensen.