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State Of Utah, Plaintiff/Appellee, V. Nathan Sexton, Defendant/Appellant, Utah Court Of Appeals Apr 2016

State Of Utah, Plaintiff/Appellee, V. Nathan Sexton, Defendant/Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from sentences for possession of a controlled substances and posession of drug paraphernalia, both class B misdemeanors, running consecutively to an existing prison sentence in the Second Judicial District, Weber County, the Honorable Joseph Bean presiding


The State Of Utah, Plaintiff/Appellee, V. Landin Dee Moosman, Defendant/Appellant, Utah Court Of Appeals Apr 2016

The State Of Utah, Plaintiff/Appellee, V. Landin Dee Moosman, Defendant/Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from a judgment of conviction for three counts of violation of a protective order, under Utah Code § 76-5-108, entered in the Third Judicial District Court, in and for Salt Lake County, State of Utah, the Honorable Bruce Lubeck, presiding.


Lori Ramsay And Dan Smalling, Appellants, Vs. Utah State Retirment Board, And Kane County Human Resource Special Service District, Appellees, Utah Court Of Appeals Apr 2016

Lori Ramsay And Dan Smalling, Appellants, Vs. Utah State Retirment Board, And Kane County Human Resource Special Service District, Appellees, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

No abstract provided.


State Of Utah, Plaintiff/ Appellee, V. Laned. Bird, Defendant/ Appellant., Utah Court Of Appeals Apr 2016

State Of Utah, Plaintiff/ Appellee, V. Laned. Bird, Defendant/ Appellant., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from an order of restitution entered following a conviction for securities fraud, a second degree felony, in the Second Judicial District, Davis County, the Honorable Michael G. Allphin presiding


Sa Group Properties, Inc., A Minnesota Corporation, Plaintiff And Appellee, V. Highland Marketplace, L.C., A Utah Limited Liability Company; High Noon, L.C. A Utah Limited Liability Company; Solana Beach Holdings, L.C., A Utah Limited Liability Company, Cr V Main-Main, L.P., A Delaware Limited Liability Partnership; Thomas A. Hulbert, And Individual And Bret B. Fox, And Individual, Defendants And Appellants, Utah Court Of Appeals Apr 2016

Sa Group Properties, Inc., A Minnesota Corporation, Plaintiff And Appellee, V. Highland Marketplace, L.C., A Utah Limited Liability Company; High Noon, L.C. A Utah Limited Liability Company; Solana Beach Holdings, L.C., A Utah Limited Liability Company, Cr V Main-Main, L.P., A Delaware Limited Liability Partnership; Thomas A. Hulbert, And Individual And Bret B. Fox, And Individual, Defendants And Appellants, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the Fourth Judicial District Court, County of Utah, State of Utah Honorable James R. Taylor, Case No. 120401312


State Of Utah, Plaintiff/Appellee, Vs. William Tirado, Defendant/Appellant, Utah Court Of Appeals Apr 2016

State Of Utah, Plaintiff/Appellee, Vs. William Tirado, Defendant/Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from a conviction for arranging the distribution of a controlled substance, a second degree felony, in the Second Judicial District, Weber County, the Honorable Ernie W. Jones presiding


State Of Utah Vs. Benjamin David Rettig : Replacement Brief Of Appellant, Utah Supreme Court Apr 2016

State Of Utah Vs. Benjamin David Rettig : Replacement Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from a final judgement of conviction and sentence for aggravated murder and aggravated kidnapping, entered in the Fourth Judicial District Court, Utah County, American Fork Department, the Honorable Thomas Low presiding


John Mardesich, Plaintiff And Appellant, V. Anthony Bros. Construction, A Utah Corporation, Dba Anthony Bros. Pool & Spa; Sun Hill Homes, L.C., And John Does I-X, Defendants And Appellees., Utah Court Of Appeals Apr 2016

John Mardesich, Plaintiff And Appellant, V. Anthony Bros. Construction, A Utah Corporation, Dba Anthony Bros. Pool & Spa; Sun Hill Homes, L.C., And John Does I-X, Defendants And Appellees., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from Judge G. Michael Westfall's Decision of the Fifth Judicial District Court Washington County, Utah


John Mardesich, Plaintiff And Appellant, V. Antiiony Bros. Construction, A Utah Corporation, Dba Anthony Bros. Pool & Spa; Sun Hill Homes, L.C., And John Does I-X, Defendants And Appellees., Utah Court Of Appeals Apr 2016

John Mardesich, Plaintiff And Appellant, V. Antiiony Bros. Construction, A Utah Corporation, Dba Anthony Bros. Pool & Spa; Sun Hill Homes, L.C., And John Does I-X, Defendants And Appellees., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from Judge G. Michael Westfall's Decision of the Fifth Judicial District Court Washington County, Utah


Staci Baker, Defendant/Appellant Vs. C504750p, Llc, Plaintiff/Appelle, Utah Court Of Appeals Apr 2016

Staci Baker, Defendant/Appellant Vs. C504750p, Llc, Plaintiff/Appelle, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from Order Denying Relief from Default Judgement of the Fourth District Court, Utah County, State of Utah, the Honorble James R. Taylor Presdiding


Sharon Smith Petitioner/ Appellee, V. Keith Smith, Respondent/ Appellant., Utah Court Of Appeals Apr 2016

Sharon Smith Petitioner/ Appellee, V. Keith Smith, Respondent/ Appellant., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the Findings of Fact and Conclusions of Law and Decree of Divorce, each entered on March 26, 2015, by the Third Judicial District Court, the Honorable Robert W. Adkins presiding.


Joseph Edwards Plaintiff I Respondent, Vs. Michael Carey And Wendy Carey, And Seirus Innovative Accessories, Inc. Defendants I Appellants., Utah Court Of Appeals Apr 2016

Joseph Edwards Plaintiff I Respondent, Vs. Michael Carey And Wendy Carey, And Seirus Innovative Accessories, Inc. Defendants I Appellants., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the Third Judicial District Court, Salt Lake County, Honorable Mark S. Kouris, Judge Case No. 150905215


State Of Utah, Appellee/ Plaintiff, V. Dennis Terry Wynn, Appellant/Defendant, Utah Court Of Appeals Apr 2016

State Of Utah, Appellee/ Plaintiff, V. Dennis Terry Wynn, Appellant/Defendant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the denial of motions under Utah R. Crim. P. 30(b), Utah R. Crim. P. 22€, and Utah R. Civ. P. 60(b) for relief from a 2008 sentence and restitution order, in the Third judicial District, Salt Lake County, the Honorable Paul B. Parker presiding


In Re: Darrell Wayne Morris, Witness/Appellant State Of Utah, Plaintiff/Appellee, V. Danny Leroy Logue, Defendant, Utah Court Of Appeals Apr 2016

In Re: Darrell Wayne Morris, Witness/Appellant State Of Utah, Plaintiff/Appellee, V. Danny Leroy Logue, Defendant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from an order finding Appellant in contempt for refusing to testify in a trial involving a first degree felony in the Fourth Judicial District, Utah County, the Honorable Derek M. Pullan presiding


State Of Utah, Plaintiff/ Appellee, V. Girato Kamillo Phillip, Defendant/ Appellant., Utah Court Of Appeals Apr 2016

State Of Utah, Plaintiff/ Appellee, V. Girato Kamillo Phillip, Defendant/ Appellant., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from an order revoking probation on a conviction for aggravated robbery, a first degree felony, in the Third Judicial District, Salt Lake County, the Honorable Mark Kouris presiding


Clark Memorandum: Spring 2016, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society Apr 2016

Clark Memorandum: Spring 2016, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society

The Clark Memorandum


State Of Utah, Plaintiff/Appellee Vs. Dalton Thomas, Defendant/Appellant, Utah Court Of Appeals Apr 2016

State Of Utah, Plaintiff/Appellee Vs. Dalton Thomas, Defendant/Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the Fourth District Court, Utah County, State of Utah, from a restitution order following a conviction of burglray and criminal mischief, third degree felonies, before the Honarble Judge James Taylor


On Doctrinal Confusion: The Case Of The State Action Doctrine, Christopher W. Schmidt Mar 2016

On Doctrinal Confusion: The Case Of The State Action Doctrine, Christopher W. Schmidt

BYU Law Review

In this Article, I use a case study of the Fourteenth Amendment’s state action doctrine as a vehicle to consider, and partially defend, the phenomenon of persistent doctrinal confusion in constitutional law. Certain areas of constitutional law are messy. Precedents seem to contradict one another; the relevant tests are difficult to apply to new facts and new issues; the principles that underlie the doctrine are difficult to discern. They may become a “conceptual disaster area,” as Charles Black once described the state action doctrine. By examining the evolution of the state action doctrine, this notoriously murky field of constitutional law, …


Upping The Ante: Rethinking Anti-Slapp Laws In The Age Of The Internet, Andrew L. Roth Mar 2016

Upping The Ante: Rethinking Anti-Slapp Laws In The Age Of The Internet, Andrew L. Roth

BYU Law Review

No abstract provided.


Preventing Preemption: Finding Space For States To Regulate Consumers’ Credit Reports, Elizabeth D. De Armond Mar 2016

Preventing Preemption: Finding Space For States To Regulate Consumers’ Credit Reports, Elizabeth D. De Armond

BYU Law Review

No abstract provided.


Guilt-Free Markets? Unconscionability, Conscience, And Emotions, Hila Keren Mar 2016

Guilt-Free Markets? Unconscionability, Conscience, And Emotions, Hila Keren

BYU Law Review

Despite record-level economic inequalities and a vast growth in market exploitation, courts remain surprisingly reluctant to exercise their power to invalidate the resulting predatory contracts. There is no doubt that courts are authorized to invalidate predatory contracts based on their unconscionability. There is, however, an ongoing debate regarding the desirability of utilizing this judicial power in a capitalist society. This Article enters the discussion from a unique angle: it focuses less on the bottom line of jurisprudence and more on the law’s expressive power—the fact that the law’s impact extends beyond its ability to sanction or reward behaviors. Specifically, the …


Wonky Walden: The Dizzying New Personal Jurisdiction Rule, Adam Balinski Mar 2016

Wonky Walden: The Dizzying New Personal Jurisdiction Rule, Adam Balinski

BYU Law Review

No abstract provided.


Saving The Internet: Why Regulating Broadband Providers Can Keep The Internet Open, Emma N. Cano Mar 2016

Saving The Internet: Why Regulating Broadband Providers Can Keep The Internet Open, Emma N. Cano

BYU Law Review

No abstract provided.


William Compton, And John Simcox, Individuals, And Saltair Investments, Llc., A Utah Limited Liability Company V. Daniel J. Mcdonald, An Individual, Smith Hartvigsen, Pllc, A Utah Professional Limited Liability Company, Houston Casualty Company, A Texas Licensed Insurance Company, And John Does 2-11 : Brief Of Appellant, Utah Supreme Court Mar 2016

William Compton, And John Simcox, Individuals, And Saltair Investments, Llc., A Utah Limited Liability Company V. Daniel J. Mcdonald, An Individual, Smith Hartvigsen, Pllc, A Utah Professional Limited Liability Company, Houston Casualty Company, A Texas Licensed Insurance Company, And John Does 2-11 : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from the Thrid District Court, Salt Lake County, Judge Paul Maughan


In The Matter Of The Discipline Of: Abraham C. Bates #12440, Appellee, Utah Supreme Court Mar 2016

In The Matter Of The Discipline Of: Abraham C. Bates #12440, Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

On appeal from the Third Judicial District Court, Salt Lake County, Honorable Todd M. Shaughnessy, District Court No. 120905676


Kirsteen Blocker (A.K.A. Morkel), Petitioner/ Appelle, V. Michael Blocker, Respondent/ Appellant., Utah Court Of Appeals Mar 2016

Kirsteen Blocker (A.K.A. Morkel), Petitioner/ Appelle, V. Michael Blocker, Respondent/ Appellant., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

On Appeal from the Fourth District Court, State of Utah Utah County Judge Taylor


Danielle Sprague, Defendant/Counter Claim Plaintiff/Appellant V. Jeff Price And Ann Price, Plaintiffs/Counter Claim Defendant/Appellees, Utah Court Of Appeals Mar 2016

Danielle Sprague, Defendant/Counter Claim Plaintiff/Appellant V. Jeff Price And Ann Price, Plaintiffs/Counter Claim Defendant/Appellees, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the Second Judicial District Court, Davis County for the Judgement in a Landlord/Tenant Case before the Judge David R. Hamilton


Washington Townhomes, Llc; Homes By Harmony, Inc.; Cotton Meadows, Llc; Salisbury Development Llc; Southern Ut Home Builders Assn.; Ivory Southern, Llc; Perry Homes Utah; Henry Walker Construction Of Southern Utah, Llc V. Washington Counry Water Conservancy District : Appellant's Reply Brief Mar 2016

Washington Townhomes, Llc; Homes By Harmony, Inc.; Cotton Meadows, Llc; Salisbury Development Llc; Southern Ut Home Builders Assn.; Ivory Southern, Llc; Perry Homes Utah; Henry Walker Construction Of Southern Utah, Llc V. Washington Counry Water Conservancy District : Appellant's Reply Brief

Utah Supreme Court Briefs (1965 –)

Appeal from a Decision of the Fifth Judicial District Court, Washington County, Judge Jeffrey C. Wilcox


Leslie D. Mower, An Individual; Ld Iii, Llc, A Utah Limited Liability Company; Ld Ranch, Llc, A Utah Limited Liability Company, Plaintiffs/Appellants, Vs. David R. Simpson, An Individual; Landmark Real Estate, Inc., A Utah Corporation; Wood Springs, Llc, A Utah Limited Liability Company; Pheasant Meadows, Llc, A Utah Limited Liability Company; Kristin Mackey, An Individual; Dean Mackey, An Individual; And Does 1-10, Defendants/ Appellee, Utah Court Of Appeals Mar 2016

Leslie D. Mower, An Individual; Ld Iii, Llc, A Utah Limited Liability Company; Ld Ranch, Llc, A Utah Limited Liability Company, Plaintiffs/Appellants, Vs. David R. Simpson, An Individual; Landmark Real Estate, Inc., A Utah Corporation; Wood Springs, Llc, A Utah Limited Liability Company; Pheasant Meadows, Llc, A Utah Limited Liability Company; Kristin Mackey, An Individual; Dean Mackey, An Individual; And Does 1-10, Defendants/ Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the Final Judgment of the Fourth District Court, Utah County, Provo Division, The Honorable Judge Lynn W. Davis


Family Law And Entrepreneurial Action, D. Gordon Smith Mar 2016

Family Law And Entrepreneurial Action, D. Gordon Smith

Faculty Scholarship

In "The Contractual Foundation of Family-Business Law," Benjamin Means aspires to lay the groundwork for a law of family businesses. In this brief response essay, I suggest that a workable family-business law along the lines suggested by Means is consistent with an overarching policy in the United States of promoting entrepreneurial action, and I evaluate the proposal against this policy goal, with particular attention to Means’s arguments in favor of “family-business defaults” and his concern over the potentially disruptive role of fiduciary law.