Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Legal Profession
Building The Canon Of Utah Constitutional Law: Lessons From The Utah Public Interest Standing Doctrine, Jordan Dez
Building The Canon Of Utah Constitutional Law: Lessons From The Utah Public Interest Standing Doctrine, Jordan Dez
Utah Law Review
In the current era of Utah constitutional case law, the legal community will have to be creative—and even deviceful—to piece together compelling briefs to argue cases under the Utah Constitution. In contrast to the early days of New Judicial Federalism where the court introduced new interpretations into the Utah constitutional dialogue from nothing more than a party’s citation to sister state law, sophisticated briefing is now necessary to succeed on a Utah Constitutional claim. Even where there is little case law or unfavorable prior precedents, practitioners may still find success by raising arguments grounded in the text of the Utah …
Sticky Compliance: An Endowment Account Of Expressive Law, David E. Depianto
Sticky Compliance: An Endowment Account Of Expressive Law, David E. Depianto
Utah Law Review
This Article extends the literature on expressive law by developing a model of compliance rooted in the endowment effect. The central premise of the model is that compliance with legal rules, while costly from an ex ante perspective, may also endow individuals with a stream of benefits whose ex post value will increase. Examples of compliance-related benefits would include reductions in risk to one’s own health and safety, enhanced reputation (as a law-abiding individual), and even tangible goods. Under this novel account, once an individual has complied with a law, received some associated benefits, and grown attached to such benefits …