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The Market For Bankruptcy Courts: A Case For Regulation, Not Obliteration, Brook E. Gotberg

BYU Law Review

Large corporate debtors typically file for bankruptcy only after conducting a thorough analysis as to the most favorable venue for the case. Recent legislation has proposed to severely limit all corporate debtors’ ability to select bankruptcy venue. The messaging behind calls for venue reform is outwardly altruistic: it is said to be necessary to facilitate access to justice and to prevent abuse of the system. However, the push for venue reform is largely driven by professional envy and a distrust of specific judges based on unpopular high-profile rulings. Placing new constraints on the ability to choose venue will not achieve …

Full Issue

BYU Law Review

No abstract provided.

Exploring Flexibility In 83(B) Elections: A Tax Policy Proposal, Brayden Call

BYU Law Review

Property awards, such as equity, are taxable to the recipient and have tax implications for employers, too. Without a recipient making an 83(b) election, property awards are taxable when they are granted. For awards that have vesting requirements or are considered “restricted,” they are generally taxable upon vesting. However, making an 83(b) election allows recipients of restricted property awards to be taxed as if the property were vested, meaning more income will shift from ordinary tax rate treatment to preferential tax rate treatment.

The preferential tax system is foundational to the 83(b) election. Advocates believe that preferential tax rates in …

Ukraine, Urban Warfare, And Obstacles To Humanitarian Access: A Predicament Of Public International Law, Harriet Norcross Eppel

BYU Law Review

Humanitarian assistance is not carried out in a vacuum. As urban warfare historically complicates humanitarian aid’s access to civilians in war zones, Ukraine, having suffered and still facing highly publicized violence in civilian-dense areas, has encountered dire obstacles in acquiring necessary resources for civilians’ survival, including both direct and incidental attacks on humanitarian access. Thus, it is vital the international legal community take measures to mitigate current and future dangers of urban warfare, as well as design new solutions, such as strengthening current international law under which obstructing humanitarian access constitutes a violation of jus cogens principles, attempting to induce …

Garrity Immunity And The U.S. Armed Forces, Bretton H. Laudeman, Gabriel J. Chin

BYU Law Review

The U.S. military is one of the nation’s largest and most important public employers. Given the unique nature of military service, the service branches have a strong interest in ensuring the integrity of their ranks. Yet the military lacks a critical force-management tool used by every other public employer to investigate workplace misconduct: the ability to demand answers to potentially incriminating questions under Garrity v. New Jersey, 385 U.S. 493 (1967). The Garrity solution, known as “Garrity immunity,” strikes a critical balance between the government’s interests in workplace oversight and accountability with the employee’s Fifth Amendment right against self-incrimination by …

Lisa Miner, Petitioner/ Appellee V. John Miner, Respondent/ Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the Fifth Judicial District Court, Washington County, Utah Honorable Jeffrey C. Wilcox, Presiding

Rodney R. Parker, Attorneys for Appellant

Amber Montgomery, An Individual, Appellant/ Cross-Appellee V. Dr. Jeffrey P. Gardiner, D.O., An Individual, And Utah Valley Eye Center, Inc., A Utah Corporation, Appellees/ Cross-Appellants : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from a Final Order and Judgment of the Fourth Judicial District Court in and for Utah County, State of Utah Trial Judge Robert Lund

ATTORNEYS FOR APPELLANT, Justin D. Heideman, Justin R. Elswick

ATTORNEYS FOR APPELLEES, Kirk G. Gibbs, Gary T. Wight

State Of Utah Plaintiff/ Appellee V. Alan Dudley Hamberlin Defendant/ Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Sixth Judicial District Court, Kane County, Honorable Mandy Larsen, District Court No. 211600067

Sean Reyes, Counsel for Appellee

Freyja Johnson, Rachel Phillips Ainscough, Counsel for Appellant

Vicki Jo Nelson Appellee/ Petitioner V. James Q. Nelson Appellant/ Respondent : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Third Judicial District Court, Salt Lake County, Honorable Patrick Corum, District Court No. 214905299

Douglas B. Thayer, David B. Nielson, Jessica Griffin Anderson, Attorneys for James Q. Nelson

Jonathan Good, Attorney for Appellee Vicki Jo Nelson

State Of Utah, Plaintiff And Appellee, V. Donald Dee Anderson, Defendant And Appellant.: Brief Of Appellee

Utah Appeals Court Briefs

Brief of Appellee Appeal from a judgment of conviction on one count of Possession of an Explosive Device, a second-degree felony, in the Second Judicial District, Davis County, the Honorable Michael S. Edwards, presiding

Scott Patterson, Petitioner–Appellant V. State Of Utah, Respondent–Appellee: Brief Of Appellant

Utah Appeals Court Briefs

Appeal from final judgment denying postconviction relief, in the Second Judicial District, Davis County, the Honorable Rita Cornish presiding

The Utah Court Of Appeals Cherish Krueger And Kyle Thompson, Appellants, V. Seed Capital Investments Llc, Wasatch Realty Llc, Heidi Stapel, And David Stapel, Appellees: Reply Brief Of Appellants

Utah Appeals Court Briefs

On appeal from the Third Judicial District Court, Salt Lake County, Honorable Matthew Bates

Scott Patterson, Petitioner–Appellant V. State Of Utah, Respondent–Appellee: Brief Of Appellee

Utah Appeals Court Briefs

Appeal from final judgment denying postconviction relief, in the Second Judicial District, Davis County, the Honorable Rita Cornish presiding

The Utah Court Of Appeals Cherish Krueger And Kyle Thompson, Appellants, V. Seed Capital Investments Llc, Wasatch Realty Llc, Heidi Stapel, And David Stapel, Appellees: Principal Brief Of Appellants

Utah Appeals Court Briefs

On appeal from the Third Judicial District Court, Salt Lake County, Honorable Matthew Bates

The State Of Utah, Plaintiff/Appellee V. Levon Garo Meguerditchian, Defendant/Appellant: Brief Of Appellee

Utah Appeals Court Briefs

Appeal from convictions for murder and aggravated kidnapping, first -degree felonies; and other felonies, in the Third Judicial District, Salt Lake County, the Honorable Elizabeth A. Hruby-Mills presiding

The State Of Utah, Plaintiff/Appellee V. Levon Garo Meguerditchian, Defendant/Appellant: Reply Brief Of Appellant

Utah Appeals Court Briefs

An appeal from a judgment of conviction of murder, a first-degree felony; aggravated kidnapping, a first-degree felony; four counts of unlawful detention, third-degree felonies; obstructing justice, a second-degree felony; and felony discharge of a firearm, a third-degree felony; in the Third Judicial District Court, Salt Lake County, State of Utah, the Honorable Elizabeth A. Hruby-Mills, presiding.

The State Of Utah, Plaintiff/Appellee V. Levon Garo Meguerditchian, Defendant/Appellant: Brief Of Appellant

Utah Appeals Court Briefs

An appeal from a judgment of conviction of murder, a first-degree felony; aggravated kidnapping, a first-degree felony; four counts of unlawful detention, third-degree felonies; obstructing justice, a second-degree felony; and felony discharge of a firearm, a third-degree felony; in the Third Judicial District Court, Salt Lake County, State of Utah, the Honorable Elizabeth A. Hruby-Mills, presiding.

State Of Utah, Appellant, V. Shawn Murphy, Appellee: Appellee’S Response Brief

Utah Appeals Court Briefs

On appeal from the Third Judicial District Court, Honorable Patrick Corum

Cherish Krueger And Kyle Thompson, Appellants, V. Seed Capital Investments Llc, Wasatch Realty Llc, Heidi Stapel, And David Stapel, Appellees: Brief Of Appellees

Utah Appeals Court Briefs

On appeal from the Third Judicial District Court, Salt Lake County, Honorable Matthew Bates

State Of Utah, Appellant, V. Shawn Murphy, Appellee: Reply Brief Of Appellant

Utah Appeals Court Briefs

On appeal from the Third Judicial District Court, Honorable Patrick Corum

State Of Utah, Appellant, V. Shawn Murphy, Appellee: Brief Of Appellant

Utah Appeals Court Briefs

Appeal from the denial of bindover for two counts of sodomy on a child and one count of aggravated sexual abuse of a child, first degree felonies, in the Third Judicial District, Salt Lake County, the Honorable Patrick Corum presiding

The State Of Utah, Plaintiff/Appellee, V. Michael Manuel Chacon, Defendant/Appellant. Mr. Chacon Is Not Incarcerated: Brief Of Appellee

Utah Appeals Court Briefs

Appeal from conviction for failure to respond to an officer ’s signal to stop, a third -degree felony, in the Seventh Judicial District, Grand County, the Honorable Don M. Torgerson presiding

The State Of Utah, Plaintiff/Appellee, V. Michael Manuel Chacon, Defendant/Appellant. Mr. Chacon Is Not Incarcerated: Brief Of Appellant

Utah Appeals Court Briefs

Appeal from a jury trial in the Seventh Judicial District, Grand County, State of Utah, the Honorable Don M. Torgerson presiding.

Scott Patterson, Petitioner–Appellant V. State Of Utah, Respondent–Appellee: Appellant's Reply Brief

Utah Appeals Court Briefs

Appeal from final judgment denying postconviction relief, in the Second Judicial District, Davis County, the Honorable Rita Cornish presiding

The State Of Utah, Plaintiff/Appellee, V. Michael Manuel Chacon, Defendant/Appellant: Reply Brief Of Appellant

Utah Appeals Court Briefs

Appeal from a jury trial in the Seventh Judicial District, in and for Grand County, State of Utah, the Honorable Don M. Torgerson presiding.

The State Of Utah, Plaintiff/Appellee, V. Shaune Johnson Underwood, Defendant/Appellant. Mr. Underwood Is Incarcerated.: Brief Of Appellant

Utah Appeals Court Briefs

Appeal from a jury trial in the Eighth Judicial District, in and for Duchesne County, State of Utah, the Honorable Samuel P. Chiara presiding.

The State Of Utah, Plaintiff/Appellee, V. Shaune Johnson Underwood, Defendant/Appellant. Mr. Underwood Is Incarcerated.: Brief Of Appellee

Utah Appeals Court Briefs

Appeal from convictions for two counts of sodomy on a child, first degree felonies and two counts of aggravated sex abuse of a child, second degree felonies, in the Eight h Judicial District, Duchesne County, the Honorable Samuel Chiara presiding

State Of Utah, Plaintiff / Appellee, V. Mayra Alejandra Flores, Defendant / Appellant.: Appellant’S Opening Brief

Utah Appeals Court Briefs

On appeal from the First Judicial District Court, Box Elder County, Honorable Brandon Maynard presiding,

State Of Utah, Plaintiff / Appellee, V. Mayra Alejandra Flores, Defendant / Appellant.: Appellant’S Reply Brief

Utah Appeals Court Briefs

On appeal from the First Judicial District Court, Box Elder County, Honorable Brandon Maynard presiding,

State Of Utah, Plaintiff/Appellee, V. Jared Lynn Talbert, Defendant/Appellant.: Reply Brief Of Appellant

Utah Appeals Court Briefs

Appeal from two counts of object rape, first -degree felonies; two counts of forcible sodomy, first-degree felonies; and two counts of forcible sexual abuse, second-degree felonies, in the Fourth Judicial District, Utah County, the Honorable Kraig Powell presiding