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Brigham Young University Law School

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Articles 1981 - 2010 of 30772

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Intellectual Property Law’S Plagiarism Fallacy, Gregory N. Mandel, Anne A. Fast, Kristina R. Olson Oct 2015

Intellectual Property Law’S Plagiarism Fallacy, Gregory N. Mandel, Anne A. Fast, Kristina R. Olson

BYU Law Review

Intellectual property law is caught in a widespread debate over whether it should serve incentive or natural rights objectives, and what the best means for achieving those ends are. This article reports a series of experiments revealing that these debates are actually orthogonal to how most users and many creators understand intellectual property law. The most common perception of intellectual property among the American public is that intellectual property law is designed to prevent plagiarism.

The plagiarism fallacy in intellectual property law is not an innocuous misperception. This fallacy likely helps explain pervasive illegal infringing activity on the Internet, common …


The Particulate Constitution: Uncertainty And New Originalism, Elise Carter Oct 2015

The Particulate Constitution: Uncertainty And New Originalism, Elise Carter

BYU Law Review

No abstract provided.


Raising The Bar: Establishing An Effective Remedy Against Ineffective Counsel, Joseph H. Ricks Oct 2015

Raising The Bar: Establishing An Effective Remedy Against Ineffective Counsel, Joseph H. Ricks

BYU Law Review

No abstract provided.


The State Of Utah, Plaintiff/ Appellee, Vs. Jason Michael Speed, Defendant/ Appellant., Utah Court Of Appeals Oct 2015

The State Of Utah, Plaintiff/ Appellee, Vs. Jason Michael Speed, Defendant/ Appellant., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

An appeal from a final Sentence, Judgment, and Conviction for Attempted Theft by Deception, a Third-Degree Felony, in violation of Utah Code Ann.§ 76-6-405, in the Third Judicial District Court of Salt Lake County, State of Utah, the Honorable Judith Atherton presiding. The defendant is not incarcerated.


Reperex, Inc., A Utah Corporation, Brad Ball, And David Ball, Plaintiffs-Appellants V. Child, Van Wagoner & Bradshaw Pllc, A Utah Limited Liability Company, J. Russton Bradshaw, Coldwll Banker Commercial, And Duane Bush, Defendants-Appellees : Reply Brief Of Appellants, Utah Court Of Appeals Oct 2015

Reperex, Inc., A Utah Corporation, Brad Ball, And David Ball, Plaintiffs-Appellants V. Child, Van Wagoner & Bradshaw Pllc, A Utah Limited Liability Company, J. Russton Bradshaw, Coldwll Banker Commercial, And Duane Bush, Defendants-Appellees : Reply Brief Of Appellants, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from Judgment on the pleadings, summary judgment and final judgment from verdict entered by Judge Todd M. Shaughnessy Third District court for Salt Lake County


Nani Nau Plaintiff/Appellant V. Safeco Insurance Company Of Illinois, A Washington Corporation. Defendant/Appellee, Utah Court Of Appeals Oct 2015

Nani Nau Plaintiff/Appellant V. Safeco Insurance Company Of Illinois, A Washington Corporation. Defendant/Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

No abstract provided.


State Of Utah, Appellee, Vs. Robert Morgan Magness, Appellant., Utah Court Of Appeals Oct 2015

State Of Utah, Appellee, Vs. Robert Morgan Magness, Appellant., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

APPEAL FROM THE ORDER OF THE THIRD JUDICIAL DISTRICT COURT, SALT LAKE COUNTY HONORABLE ELIZABETH A. HRUBY-MILLS


State Of Utah, Plaintiff/ Appellee V. Tilvi G. Wager Defendant/ Appellant, Utah Court Of Appeals Oct 2015

State Of Utah, Plaintiff/ Appellee V. Tilvi G. Wager Defendant/ Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from convictions for possession of methamphetamine, enhanced to a second degree felony, and possession of marijuana, a Class A misdemeanor, in the Third Judicial District, Salt Lake County, the Honorable Denise P. Lindberg presiding


Alan Hoskins, Jr., Plaintiff/Appellant, Vs. Ogden Auto Body, Utah Court Of Appeals Oct 2015

Alan Hoskins, Jr., Plaintiff/Appellant, Vs. Ogden Auto Body, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the Second District Court,Weber County, State of Utah the Hon. Ernie W. Jones, Civil No. 130904254


Andrew L. Ellsworth, Et Al., Plaintiffs/Appellants, Vs. Terry Huffstatler, Et Al., Defendants/ Appellees. Terry Huffstatler, Et Al., Petitioner/ Appellant, Vs. Mark L. Ellsworth, Et Al., Respondents/ Appellees. Terry Huffstatler, As Trustee Of The Barbara May Ellsworth Trust, Intervenor Plaintiff/ Appellee, Vs. Mark L. Ellsworth, Co-Trustee Of The Ellsworth Family Trust., Intervenor Defendant/ Appellant, Utah Court Of Appeals Oct 2015

Andrew L. Ellsworth, Et Al., Plaintiffs/Appellants, Vs. Terry Huffstatler, Et Al., Defendants/ Appellees. Terry Huffstatler, Et Al., Petitioner/ Appellant, Vs. Mark L. Ellsworth, Et Al., Respondents/ Appellees. Terry Huffstatler, As Trustee Of The Barbara May Ellsworth Trust, Intervenor Plaintiff/ Appellee, Vs. Mark L. Ellsworth, Co-Trustee Of The Ellsworth Family Trust., Intervenor Defendant/ Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the Fourth Judicial District Court in and for Salt Lake County, State of Utah, Honorable David Mortensen Civil No. 130400498 and Consolidated Case No. 133400333


Brooke Robinson, Petitioner - Appellant, Vs. Juan Pablo Matas-Vidal, Respondent - Appellee, Utah Court Of Appeals Oct 2015

Brooke Robinson, Petitioner - Appellant, Vs. Juan Pablo Matas-Vidal, Respondent - Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

APPEAL FROM THE FINAL ORDER OF THE FOURTH JUDICIAL DISTRICT COURT OF UTAH COUNTY, THE HONORABLE CHRISTINE S. JOHNSON


Utah Physicians For A Healthy Environment And Friends Of Great Salt Lake, Petitioners/ Appellants, V. Executive Director Of The Utah Department Of Environment Al Quality, Et Al. , Respondents/ Appellees., Utah Court Of Appeals Oct 2015

Utah Physicians For A Healthy Environment And Friends Of Great Salt Lake, Petitioners/ Appellants, V. Executive Director Of The Utah Department Of Environment Al Quality, Et Al. , Respondents/ Appellees., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the Final Order of the Utah Department of Environmental Quality, Executive director Amanda Smith


Sheila G. Winkler, Appellant V. Workforce Appeals Board Of The Utah Department Of Workforce Services, And Salt Lake City Corp., Appellees, Utah Court Of Appeals Oct 2015

Sheila G. Winkler, Appellant V. Workforce Appeals Board Of The Utah Department Of Workforce Services, And Salt Lake City Corp., Appellees, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Petition for Review of a Decision of the Workforce Appeals Board of the Department of Workforce Services State of Utah


Elizabeth Macfarlane, Plaintiff/Appellant, Vs. Applebee's Restaurant, American Fork Applette Llc, John D. Prince, And John Does 1 Through 5, Defendant/Appellee, Utah Court Of Appeals Oct 2015

Elizabeth Macfarlane, Plaintiff/Appellant, Vs. Applebee's Restaurant, American Fork Applette Llc, John D. Prince, And John Does 1 Through 5, Defendant/Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from a summary Judgement entered by the Fourth Judicial District Court Utah County, State of Utah, Judge Fred Howard


State Of Utah, Plaintiff/Appellee, Vs. Santiage Aponte, Defendant/Appellant, Utah Court Of Appeals Oct 2015

State Of Utah, Plaintiff/Appellee, Vs. Santiage Aponte, Defendant/Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the Conviction, Judgement, Sentence, and Order for Commitment, and denial of Appellant's motion to suppress eyewitness identification, in the Fourth Judicial District Court, Utah County, the Honorable Samuel McVey presiding


David And Ruth M. Fuller And Fuller's Appliance Parts And Service, Llc, Appellants, Vs. Denise Bohne And Western States Insurance Agency, Appellees, Utah Court Of Appeals Oct 2015

David And Ruth M. Fuller And Fuller's Appliance Parts And Service, Llc, Appellants, Vs. Denise Bohne And Western States Insurance Agency, Appellees, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

On Appeal from the Third Judicial District Court, Salt Lake County Case No. 100901093, Judge Deno Himonas


Emmanuel Nuno, Petitioner - Appellant, Vs. Kimberly Hart Lane And Brian J. Hart Respondents - Appellees., Utah Court Of Appeals Oct 2015

Emmanuel Nuno, Petitioner - Appellant, Vs. Kimberly Hart Lane And Brian J. Hart Respondents - Appellees., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the Final Order of the Fourth Judicial District Court of Utah County the Honorable Christine S. Johnson


Sterling Fiduciaries, Llc, A Utah Limited Liabilty Company As Trustee Of Stone Unturned Trust, Appellant, Vs. Jpmorgan Chase Bank, N.A., Appellee, Utah Court Of Appeals Oct 2015

Sterling Fiduciaries, Llc, A Utah Limited Liabilty Company As Trustee Of Stone Unturned Trust, Appellant, Vs. Jpmorgan Chase Bank, N.A., Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

On Appeal from the Third Judicial District Court for Salt Lake County, State of Utah Civil No. 130412969; Honrable James D. Gardner


Tim Carson, Petitioner/Appellee, V. Tom Barnes, Respondent/Appellant, Utah Court Of Appeals Oct 2015

Tim Carson, Petitioner/Appellee, V. Tom Barnes, Respondent/Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the Third District Court, Tooele County, State of Utah the Honorable Robert Adkins


Alterra, Llc, A Utah Limited Liability Company, Plaintiff/ Appellee, Vs. Jeffrey Larson, An Rndividual, Defendant/ Appellant., Utah Court Of Appeals Oct 2015

Alterra, Llc, A Utah Limited Liability Company, Plaintiff/ Appellee, Vs. Jeffrey Larson, An Rndividual, Defendant/ Appellant., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the Fourth Judicial District Court, Utah County, State of Utah Honorable Judge Samuel Mc Vey


State Of Utah, Plaintiff/Appellee V. Alex L. Lambrose, Defendant/Appellant, Utah Court Of Appeals Oct 2015

State Of Utah, Plaintiff/Appellee V. Alex L. Lambrose, Defendant/Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from sentence for aggravated robbery, a first degree felony, in the Second Judicial District, Weber County, the Honorable Scott M. Hadley presiding


Stephen Burgess, Petitioner/ Appellant, Vs. Utah Career Servi Ce Review Office, And Utah Department Of Corrections, Respondents/ Appellees., Utah Court Of Appeals Oct 2015

Stephen Burgess, Petitioner/ Appellant, Vs. Utah Career Servi Ce Review Office, And Utah Department Of Corrections, Respondents/ Appellees., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

On Petition for the review from the utah Career Service Review Office Case no. 2010 CSRO/H.O. 086


Jennifer L. Mota, V. Lawrence Mota, Ii, Utah Court Of Appeals Oct 2015

Jennifer L. Mota, V. Lawrence Mota, Ii, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

On appeal from the Fourth District Court, Utah County, Honorable Samuel McVey and Commissioner Thomas Patton


Aspenwood Real Estate Corporation, Elite Legacy Corporation, And Hilary "Skip" Wing, Plaintiff/Appellees, Vs. Charles "Chuck" Schvaneveldt Defendant/Appellant., Utah Court Of Appeals Oct 2015

Aspenwood Real Estate Corporation, Elite Legacy Corporation, And Hilary "Skip" Wing, Plaintiff/Appellees, Vs. Charles "Chuck" Schvaneveldt Defendant/Appellant., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

No abstract provided.


State Of Utah, Plaintiff And Appellee, V. Carl Mack Courtney, Defendant And Appellant., Utah Court Of Appeals Oct 2015

State Of Utah, Plaintiff And Appellee, V. Carl Mack Courtney, Defendant And Appellant., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

On appeal from the Second Judicial District Court, Weber County, Honorable Michael DiReda, District Court No. 121901670


D.D.B. (Mother), Petitioner - Appellant, Vs. J.L.C. (Father), Respondent - Appellee., Utah Court Of Appeals Oct 2015

D.D.B. (Mother), Petitioner - Appellant, Vs. J.L.C. (Father), Respondent - Appellee., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from order denying termination petition Juvenile court, First Judicial District, Box Elder County, Utah Honorable Angela Fonnesbeck


Deutsche Bank National Trust Company, Trustee For Ameriquest Mortgage Securities, Inc. Asset-Backed Pass-Through Certificiates Series 2004-R8 Appellee, V. William York, Appellant, Utah Court Of Appeals Oct 2015

Deutsche Bank National Trust Company, Trustee For Ameriquest Mortgage Securities, Inc. Asset-Backed Pass-Through Certificiates Series 2004-R8 Appellee, V. William York, Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

APPEAL FROM THE FOURTH nIDICIAL DISTRICT COURT, MILLARD COUNTY, STATE OF UTAH, THE HON. JAMES BRADY, CASE NO. 120700011


State Of Utah, Appellee, V. Victoria Fanton, Appellant : Brief Of Appellant, Utah Court Of Appeals Oct 2015

State Of Utah, Appellee, V. Victoria Fanton, Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

On appeal to the Utah Court of Appeals From Twu Judgments Entered by the Fifth District Judicial Court in and for Iron County, State of Utah


James Harvey Jordan, Et Al. V. Eddie R. Jensen And Ly-Thi Jensen : Brief Of Appellants Eddir R. Jensen And Ly-Thi Jensen, Utah Supreme Court Sep 2015

James Harvey Jordan, Et Al. V. Eddie R. Jensen And Ly-Thi Jensen : Brief Of Appellants Eddir R. Jensen And Ly-Thi Jensen, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from the Ruling and Order by the Eighth Judicial District Court for Uintah County, State of Utah, the Honorable Samuel P. Chiara Presiding


Thomas L. Norton, Plaintiff/ Appellant, Vs. Autumn M. Hess, Defendant/ Appellee., Utah Court Of Appeals Sep 2015

Thomas L. Norton, Plaintiff/ Appellant, Vs. Autumn M. Hess, Defendant/ Appellee., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from Findings of Fact, Conclusions of Law and Order of Dismissal with Prejudice, entered March 9, 2015, in the Second District Court for Weber County, State of Utah, by Honorable Joseph Bean.