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John Kuhni Sons, Inc., A Utah Corporation, Petitioner, V. Utah Labor Commission Occupational Safety And Health Division, . Respondent., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

On petition for review· from the Appeals Board of the Utah Labor Commission No.31093282

Utah State Tax Commission, Respondent-Appellants, V. See's Candies, Inc., Petitioner-Appellee., Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

On appeal from the Fourth Judicial District Court The Honorable Samuel D. Mc Vey

When Facts Don't Matter, Eric Berger

BYU Law Review

We are used to thinking that facts shape legal outcomes, but sometimes the Supreme Court wants nothing to do with facts. In some high-profile constitutional decisions, the Roberts Court has ignored important congressional findings, deeming irrelevant facts that document the very mischief Congress sought to remedy. Similarly, in these same cases the Court exploits the muddy line between facial and as-applied challenges to avoid confronting particular facts. The Justices in these cases do not question the veracity of seemingly relevant facts. Rather, they write their opinions as though these facts don’t matter. This Article examines the Court’s penchant for brushing …

Chevron’S Pure Questions: Searching For Meaning In Ambiguity, Neal A. Hoopes

BYU Law Review

Since implied congressional intent is the basis for the Chevron doctrine, courts cannot simply presume that Congress intends all unclear statutes to signal deference to agencies. Instead, courts must make some inquiry into whether that rationale remains true under the particular circumstances. This Note contends, then, that the Chevron framework, from the outset, asks the wrong question. Instead of inquiring whether the statute is clear, courts should determine whether Congress intended courts to defer to an agency on the question of statutory interpretation. Instinctively deferring to an agency in the face of every ambiguity undermines congressional intent. While implied congressional …

State Of Utah, Plaintiff/Petitioner, V. James Christopher Mccallie, Defendan Tjresponden T., Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

On Writ of Certiorari to the Utah Court of Appeals

Gary Joe Mccamey, Pe Ti Ti Oner/ Appellant, V. State Of Utah, Respondent/ Appellee., Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from a grant of summary judgment and denial of post-conviction relief, in the Third Judicial District, Salt Lake County, the Honorable Judge Paul B. Parker presiding

The State Of Utah, Plaintiff/Appellee Vs. Theophelus Clay Mcclellan, Defendant/Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the Third District Court, Salt Lake County, Judge Mark Kouris Presiding. Appellant is not currently incarcerated in connection with this matter.

Office Of Professional Conduct, Petitioner And Appellant V. Richard Laj Eunesse, Respondent And Appellee., Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

This is an Appeal from the Third Judicial District Court Salt Lake Department, Salt Lake County, State of Utah Judge Andrew Stone

Judith Pinborough Zimmerman, Ph. D., Plaintiff/ Appellant, Vs. The University Of Utah, And William Mcmahon, Defendants/ Appellees., Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Certification from the United States District Court for the District of Utah The Honorable Jill N. Parrish

Ostler V. Utah State Retirement Board, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

No abstract provided.

The State Of Utah, Petitioner /Cross-Respondent, V. Yesha Anthony Garcia, Respondent/Cross-Petitioner., Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

This writ of certiorari arises from a court of appeals' decision reversing Garcia's conviction for Attempted Murder, a first degree felony, in violation of Utah Code §76-5-203. The cross-petition arises from the court of appeals' decision affirming Garcia's conviction of Possession of a Firearm by a Restricted Person, a third degree felony, in violation of Utah Code §76-10-503, in the Third Judicial District, in and for Salt Lake County, State of Utah, the Honorable Robin Reese presiding.

Enervest, Ltd, Successor In Interest To (District Court Case No. 560800056) Bill Barrett Corp., Appellant, Vs. :Tvnchael Carlson, Appellee., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from a summary judgment of the Eighth District Court, Judge Samuel P. Chiara

Burning Out: The Effect Of Burnout On Special Education, Jordan Radford Mcdowell

Brigham Young University Education and Law Journal

No abstract provided.

The Constitutionality Of Laws Banning Physician Assisted Suicide, Richard S. Myers

Brigham Young University Journal of Public Law

No abstract provided.

Beacon Or Bludgeon? Use Of Regulatory Guidance By The Office For Civil Rights, Stephen S. Worthington

Brigham Young University Education and Law Journal

No abstract provided.

Omg - Not Something To Lol About: The Unintended Results Of Disallowing Warrantless Searches Of Cell Phones Incident To A Lawful Arrest Comments, Parker Jenkins

Brigham Young University Journal of Public Law

No abstract provided.

Dangerous Classroom "App"-Titude: Protecting Student Privacy From Third-Party Educational Service Providers, Alexis M. Peddy

Brigham Young University Education and Law Journal

No abstract provided.

Javier Rojas, Petitioner/Appellant, V. Utah Labor Commission, Ferrari Color And/Or Workers Compensation Fund, Respondents/Appellees, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from Utah Labor Commission

Skyler Witman, John" W Ashenko, Jonathan Bonnette, Mati Lovelady, And Don Jorgensen, Appellees And Cross-Appellants, V. Richard Bloomfield And Richard Bl0o:Tv.Lfield Cfo, Pllc, Et Al., Appellants And Cross-Appellees., Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

On appeal from the Third Judicial District Court, Salt Lake County, Honorable Katie Bernards-Goodman, District Court No. 120905237

Jodi Howick Appellant V. Salt Lake City Corporation, Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal frmn the Third Dish·ict Court, Salt Lake Cotu1-ty, State of Utah The Honorable Richard D. McKelvie

An Originalist Defense Of Plyler V. Doe, Steven G. Calabresi, Lena M. Barsky

BYU Law Review

This Article offers a defense of the Supreme Court’s opinion in Plyler v. Doe based on the original public meaning of the Fourteenth Amendment when it was enacted in 1868. We argue that at that time, the Fourteenth Amendment granted certain rights, such as life, liberty, and possession of personal property, to immigrants under the Equal Protection and Due Process Clauses, but did not grant them the privileges and immunities of citizenship (e.g. all civil rights and the political right to vote). We also argue that public education is a right of all persons protected by the Due Process and …

How The Constitution Shall Not Be Construed, Lochlan F. Shelfer

BYU Law Review

The dominant historical narrative of the Ninth Amendment views the Clause as an exclusively “Federalist” provision with one purpose: to protect against the fear among Federalists that the very enumeration of any rights in a Constitution would imply that the universe of unenumerated natural rights was left unprotected, or that federal power would be expanded by implication.

This narrative of the Ninth Amendment, however, is incomplete in that it ignores the Clause’s Anti-Federalist side. This Article argues that the Ninth Amendment was proposed and ratified partly in response to the Anti-Federalist fear that particular rights-guaranteeing provisions of the Constitution could …

Noncitizen Youth In The Juvenile Justice System: The Serious Consequences Of Failed Confidentiality By Ice Referral, Erin Mower Adams

BYU Law Review

No abstract provided.

#Ordinarymeaning: Using Twitter As A Corpus In Statutory Analysis, Lauren Simpson

BYU Law Review

No abstract provided.

Jesse Hammons Alison Hammons Plaintiffs/Appellants Vs. Weber County Defendants/Appellees, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

APPEAL FROM THE JUDGMENT OF THE SECOND JlJDICLli DISTRICT COlJRT, WEBER COUNTY. STATE OF UTAH HONORABLE MICHAEL DIREDA DISTRICT COURT JUDGE. PRESIDING

State Of Utah, P;Aintiff/Appellee Vs. Thomas Edward Egley, Defendant/Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from a final judgment and conviction of the Carbon County Seventh District Court, entered by Judge George M. Harmond, Jr.

Jodikranendonk, Plaintiff/ A Ppellee / Cross-Appellant, V. Gregory & Swapp, Pllc Dba Craig Sw App & Associates And Erik Highberg, Defendants, Appellants/ Crossappellee., Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from the Third Judicial District Court, Salt Lake County, Judge Royal Hansen

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

Utah Supreme Court Briefs (2000–2020)

ON CERTIORARI FROM UTAH COURT OF APPEALS The Honorable Frederick Voros, Presiding

Lisa Penunuri And Barry Siegwart, Plaintiffs/ Appellants, Vs. Sundance Partners, Ltd; Sundance Holdings, Llc; Sundance Development Corp; Robertredford;Redford 1970 Trust; Rock Mountain Outfitters, L.C.; And Does 1-X . Defendants/ Appellees., Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

ON CERTIORARI FROM UTAH COURT OF APPEALS The Honorable Frederick Voros, Presiding

Gaspar Avila, Petitioner And Appellant, Vs. Taylorsville City, Respondent And Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from a post-conviction court's decision, in the Third Judicial District, Salt Lake County, the Hoborable Su Chon presiding, granting the City's summary judgment motion, in response to Avila's petition for post-conviction relief, on grounds that Avila's petition was preocedurally barred by the one-year statute of limitations set forth in the Post-Conviction Remedies Act.