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2016

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Articles 1 - 30 of 17012

Full-Text Articles in Law

Social Media Accountability For Terrorist Propaganda, Alexander Tsesis Dec 2016

Social Media Accountability For Terrorist Propaganda, Alexander Tsesis

Faculty Publications & Other Works

Terrorist organizations have found social media websites to be invaluable for disseminating ideology, recruiting terrorists, and planning operations. National and international leaders have repeatedly pointed out the dangers terrorists pose to ordinary people and state institutions. In the United States, the federal Communications Decency Act's § 230 provides social networking websites with immunity against civil law suits. Litigants have therefore been unsuccessful in obtaining redress against internet companies who host or disseminate third-party terrorist content. This Article demonstrates that § 230 does not bar private parties from recovery if they can prove that a social media company had received complaints …


Justice Scalia, The Establishment Clause, And Christian Privilege, Caroline Mala Corbin Dec 2016

Justice Scalia, The Establishment Clause, And Christian Privilege, Caroline Mala Corbin

Articles

No abstract provided.


The Contributions Of Louis Brandeis To The Law Of Lawyering, John S. Dzienkowski Dec 2016

The Contributions Of Louis Brandeis To The Law Of Lawyering, John S. Dzienkowski

Touro Law Review

No abstract provided.


Astroturf Activism, Melissa J. Durkee Dec 2016

Astroturf Activism, Melissa J. Durkee

Scholarly Works

Corporate influence in government is more than a national issue; it is an international phenomenon. For years, businesses have been infiltrating international legal processes. They secretly lobby lawmakers through front groups: “astroturf” imitations of grassroots organizations. But because this business lobbying is covert, it has been underappreciated in both the literature and the law. This Article unearths the “astroturf activism” phenomenon. It offers an original descriptive account that classifies modes of business access to international officials and identifies harms, then develops a critical analysis of the laws that regulate this access. I show that the perplexing set of access rules …


Corpus Linguistics As A Tool In Legal Interpretation, Lawrence Solan, Tammy Gales Dec 2016

Corpus Linguistics As A Tool In Legal Interpretation, Lawrence Solan, Tammy Gales

Faculty Scholarship

No abstract provided.


The State Of Utah, Appellee-Respondent, Vs. Dennis J Garcia, Appellant-Petitioner, Utah Supreme Court Dec 2016

The State Of Utah, Appellee-Respondent, Vs. Dennis J Garcia, Appellant-Petitioner, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

Certiorari review of a decision of the Utah Court of Appeals 2016 UT App 96 [issued 12 May 2016]; Appeal from a decistion of the Third Judicial District Court in and for Salt Lake County, The Honorable Randall Skanchy, District Judge


Lisa Penunuri And Barry Siegwart, Plaintiffs/ Appellants, Vs. Sundance Partners, Ltd; Sundance Holdings, Llc; Sundance Development Corp; Robert Redford; Redford 1970 Trust; Rock Mountain Outfitters, L.C.; And Does I-X. Defendants And Appellees., Utah Supreme Court Dec 2016

Lisa Penunuri And Barry Siegwart, Plaintiffs/ Appellants, Vs. Sundance Partners, Ltd; Sundance Holdings, Llc; Sundance Development Corp; Robert Redford; Redford 1970 Trust; Rock Mountain Outfitters, L.C.; And Does I-X. Defendants And Appellees., Utah Supreme Court

Utah Supreme Court Briefs (2000– )

ON CERTIORARI FROM UTAH COURT OF APPEALS oral Argument and Published Decision Requested


Is The Internet Rotting Oklahoma Law?, Lee F. Peoples Dec 2016

Is The Internet Rotting Oklahoma Law?, Lee F. Peoples

Tulsa Law Review

No abstract provided.


Editor's Note, Aaron Tifft Dec 2016

Editor's Note, Aaron Tifft

Tulsa Law Review

No abstract provided.


The Hostile Poison Pill, A. Christine Hurt Dec 2016

The Hostile Poison Pill, A. Christine Hurt

Faculty Scholarship

No abstract provided.


R&D Tax Incentives--Growth Panacea Or Budget Trojan Horse?, Stephen E. Shay, J. Clifton Fleming Jr., Robert J. Peroni Dec 2016

R&D Tax Incentives--Growth Panacea Or Budget Trojan Horse?, Stephen E. Shay, J. Clifton Fleming Jr., Robert J. Peroni

Faculty Scholarship

No abstract provided.


Two Cheers For The Foreign Tax Credit, Even In The Beps Era, J. Clifton Fleming Jr., Robert J. Peroni, Stephen E. Shay Dec 2016

Two Cheers For The Foreign Tax Credit, Even In The Beps Era, J. Clifton Fleming Jr., Robert J. Peroni, Stephen E. Shay

Faculty Scholarship

Reform of the U.S. international income taxation system has been a hotly debated topic for many years. The principal competing alternatives are a territorial or exemption system and a worldwide system. For reasons summarized in this article, we favor worldwide taxation if it is real worldwide taxation – i.e., a non-deferred U.S. tax is imposed on all foreign income of U.S. residents at the time the income in earned. This approach is not acceptable, however, unless the resulting double taxation is alleviated. The longstanding U.S. approach for handling the international double taxation problem is a foreign tax credit limited to …


Dear Colleague: Title Ix Coordinators And Inconsistent Compliance With The Laws Governing Campus Sexual Misconduct, Brian A. Pappas Dec 2016

Dear Colleague: Title Ix Coordinators And Inconsistent Compliance With The Laws Governing Campus Sexual Misconduct, Brian A. Pappas

Tulsa Law Review

Title IX Coordinators are tasked with effectuating Title IX compliance to ensure a safe campus while protecting the rights of survivors and alleged perpetrators. An epidemic of university sexual misconduct and widespread non-reporting provided the context for a 2011 Department of Education Office of Civil Rights Dear Colleague Letter redefining compliance. This article utilizes interviews conducted between 2011 and 2014 with 13 Title IX Coordinators from large institutions of higher education to provide a ground-level view of compliance in action. In the very best light, during this time university compliance with Title IX was highly inconsistent and largely ineffective. Title …


State Of Utah, Plaintiff/Appellee, V. Jeremy Bowden, Defendant/Appellant : Brief Of Appellee, Utah Court Of Appeals Dec 2016

State Of Utah, Plaintiff/Appellee, V. Jeremy Bowden, Defendant/Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

Brief of Appellee

Appeal from convictions for attempted aggravated murder, a
first degree felony; receiving a stolen vehicle and obstruction
of justice, both second degree felonies; four counts of
discharging a firearm, all third degree felonies; and failure to
stop at the command of law enforcement, a class A
misdemeanor, in the Third Judicial District, Salt Lake County,
the Honorable Douglas Hogan presiding


The State Of Utah, Plaintiff/Appellee, V. Saul Martinez, Defendant/Appellant : Brief Of Appellant, Utah Court Of Appeals Dec 2016

The State Of Utah, Plaintiff/Appellee, V. Saul Martinez, Defendant/Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

BRIEF OF APPELLANT

Appeal from a final judgment for Attempted Murder, a first
degree felony, in violation of Utah Code 76-5-203; Possession of a Dangerous
Weapon by Restricted Person, a second degree felony, in violation of Utah Code
76-10-503(2)(A); Aggravated Assault, a third degree felony, in violation of Utah
Code 76-5-103(1); and three counts of Felony Discharge of a Firearm, third
degree felonies, in violation of Utah Code 76-10-508.1, in the Third Judicial
District Court, in and for Salt Lake County, State of Utah, the Honorable Richard
McKelvie, presiding.


State Of Utah, Plaintiff/Appellee, V. Saul Martinez, Defendant/Appellant : Brief Of Appellee, Utah Court Of Appeals Dec 2016

State Of Utah, Plaintiff/Appellee, V. Saul Martinez, Defendant/Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

Brief of Appellee

Appeal from convictions for attempted murder, a first-degree
felony, possession of a dangerous weapon by a restricted
person, a second-degree felony, aggravated assault, a third-
degree felony, and three counts of felony discharge of a
firearm, third-degree felonies, in the Third Judicial District,
Salt Lake County, the Honorable Richard McKelvie presiding


The State Of Utah, Plaintiff/Appellee, V. Saul Martinez, Defendant/Appellant : Reply Brief, Utah Court Of Appeals Dec 2016

The State Of Utah, Plaintiff/Appellee, V. Saul Martinez, Defendant/Appellant : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

REPLY BRIEF OF APPELLANT

Appeal from a final judgment of conviction for Attempted Murder, a first
degree felony, in violation of Utah Code 76-5-203; Possession of a Dangerous
Weapon by Restricted Person, a second degree felony, in violation of Utah Code
76-10-503(2)(A); Aggravated Assault, a third degree felony, in violation of Utah
Code 76-5-103(1); and three counts of Felony Discharge of a Firearm, third
degree felonies, in violation of Utah Code 76-10-508.1, in the Third Judicial
District Court, in and for Salt Lake County, State of Utah, the Honorable Richard
McKelvie, presiding.

Appellant is incarcerated.


The State Of Utah, Plaintiff/Appellee, V. Christopher Kim Leech, Defendant/Appellant : Brief Of Appellant, Utah Court Of Appeals Dec 2016

The State Of Utah, Plaintiff/Appellee, V. Christopher Kim Leech, Defendant/Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

BRIEF OF APPELLANT

Appeal from convictions for one count of aggravated murder, a first degree
felony, in violation of Utah Code 76-5-202; two counts of aggravated
kidnapping, first degree felonies, in violation of Utah Code 76-5-302; two counts
of aggravated robbery, first degree felonies, in violation of Utah Code 76-6-302;
and one count of obstructing justice, a first degree felony, in violation of Utah
Code 76-8-306(1), in the Third Judicial District Court, in and for Salt Lake
County, State of Utah, the Honorable Randall Skanchy presiding.

Appellant is incarcerated.


State Of Utah, Plaintiff/Appellee, V. Christopher Kim Leech, Defendant/Appellant : Brief Of Appellee, Utah Court Of Appeals Dec 2016

State Of Utah, Plaintiff/Appellee, V. Christopher Kim Leech, Defendant/Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

Brief of Appellee

Appeal from convictions for one count of aggravated murder,
two counts of aggravated kidnapping, two counts of
aggravated robbery, and one count of obstructing justice, all
first degree felonies, in the Third Judicial District, Salt Lake
County, the Honorable Randall N. Skanchy presiding

Oral Argument Requested


State Of Utah, Plaintiff/Appellee, V. Cullen Christopher Carrick, Defendant/Appellant : Brief Of Appellee, Utah Court Of Appeals Dec 2016

State Of Utah, Plaintiff/Appellee, V. Cullen Christopher Carrick, Defendant/Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

Brief of Appellee

Appeal from a conviction for burglary, a second degree felony,
in the First Judicial District, Box Elder County, the Honorable
Brandon J. Maynard presiding


State Of Utah, Plaintiff/Appellee, V. Cullen Christopher Carrick, Defendant/Appellant : Reply Brief, Utah Court Of Appeals Dec 2016

State Of Utah, Plaintiff/Appellee, V. Cullen Christopher Carrick, Defendant/Appellant : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

REPLY BRIEF OF APPELLANT

Appeal from Sentence, Judgment, Commitment entered on March 1, 2016, in the First
District Court, Box Elder County, the Honorable Brandon J. Maynard, presiding

ORAL ARGUMENT REQUESTED


State Of Utah, Plaintiff/Appellee, V. Cullen Christopher Carrick, Defendant/Appellant : Brief Of Appellee, Utah Court Of Appeals Dec 2016

State Of Utah, Plaintiff/Appellee, V. Cullen Christopher Carrick, Defendant/Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

Second Supplemental Brief of Appellee

Appeal from a conviction for burglary, a second degree felony,
in the First Judicial District, Box Elder County, the Honorable
Brandon J. Maynard presiding


South Salt Lake City, Plaintiff And Appellee, V. Steven Maese, Defendant And Appellant : Brief Of Appellant, Utah Court Of Appeals Dec 2016

South Salt Lake City, Plaintiff And Appellee, V. Steven Maese, Defendant And Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

Brief of Appellant

Appeal from convictions of Failure to Signal for Two Seconds, a class C
misdemeanor under Utah Code 41-6a-804(1) (2013), and Failure to Obey
a Traffic Control Device, a class C misdemeanor under Utah Code 41-6a-
304 (2013), both reduced to infractions upon the City's motion.

This judgment was entered in the Third Judicial District Court, Salt Lake
Department, the Honorable Randall Skanchy presiding.

The Appellant is not incarcerated.

ORAL ARGUMENTS REQUESTED


South Salt Lake City, Plaintiff/Appellee, V. S. Steven Maese, Defendant/Appellant : Brief Of Appellee, Utah Court Of Appeals Dec 2016

South Salt Lake City, Plaintiff/Appellee, V. S. Steven Maese, Defendant/Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

Brief of Appellee

Appeal from convictions on two traffic offense infractions
in the Third Judicial District Court, Salt Lake County, the
Honorable Randall Skanchy presiding, wherein the
defendant's request for a jury trial on infraction charges
was denied.


State Of Utah, Plaintiff/Appellee, V. Zachary Rigby, Defendant/Appellant, Utah Supreme Court Dec 2016

State Of Utah, Plaintiff/Appellee, V. Zachary Rigby, Defendant/Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

On review from the judgment entered by the Utah Court of Appeals in State v. Rigby, 2016 UT App 42 before Judges Roth, Oreme, and Senior Judge Davis


Zions First Naitonal Bank, Plaintiff-Appelle, V. Shayne D. Crapo, Defendant-Appellant., Utah Supreme Court Dec 2016

Zions First Naitonal Bank, Plaintiff-Appelle, V. Shayne D. Crapo, Defendant-Appellant., Utah Supreme Court

Utah Supreme Court Briefs (2000– )

Appeal from the Third District Court, Salt Lake County, from an Order Granting Summary Judgment Before Honorable Barry Lawrence


Salt Lake City Corporation, Petitioner-Plaintiff-Appellee, V. Mark C. Haik, Respondent-Defendant-Appellant, Utah Supreme Court Dec 2016

Salt Lake City Corporation, Petitioner-Plaintiff-Appellee, V. Mark C. Haik, Respondent-Defendant-Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

An Appeal from the Third Judicial District court Case No. 140900915 The Honorable Andrew Stone presiding


Everett P. Wilson Jr. And Darla Wilson, Appellees/Respondents, And Educators Mutual Insurance Association, Appellant/Petitioner, Vs. Cade M. Krueger, Defendant, Utah Supreme Court Dec 2016

Everett P. Wilson Jr. And Darla Wilson, Appellees/Respondents, And Educators Mutual Insurance Association, Appellant/Petitioner, Vs. Cade M. Krueger, Defendant, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

From the Utah Court of Appeals February 25, 2016 ruling reversing the Final Decision of the Utah Fourth Judicial District Court


Scott Bell And Todd Bell, Plaintiffs, Vs. Wesley Lewis And Jordan Construction, Inc., Defendants, Utah Supreme Court Dec 2016

Scott Bell And Todd Bell, Plaintiffs, Vs. Wesley Lewis And Jordan Construction, Inc., Defendants, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

Appeal from the Fourth District Court, Utah County, Judge Christine S. Johnson, from Order Denying Third-Party Plaintiff's Motion for Attorney's Fees, and Granting Third-Party Defendants' Motion for Entry of Final Judgment and Final Judgment


State Of Utah, Plaintiff/Appellee, V. Jeremy Bowden, Defendant/Appellant. : Brief Of Appellee, Utah Court Of Appeals Dec 2016

State Of Utah, Plaintiff/Appellee, V. Jeremy Bowden, Defendant/Appellant. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

Brief of Appellee

Appeal from convictions for attempted aggravated murder, a
first degree felony; receiving a stolen vehicle and obstruction
of justice, both second degree felonies; four counts of
discharging a firearm, all third degree felonies; and failure to
stop at the command of law enforcement, a class A
misdemeanor, in the Third Judicial District, Salt Lake County,
the Honorable Douglas Hogan presiding