Digital Commons Network^™

The Tragicomedy Of The Commons, Brigham Daniels

BYU Law Review

Scholarship on the commons focuses on a diverse set of problems, ranging from crashing fisheries to crowded court dockets. Because we find commons resources throughout our natural and cultural environments, understanding old lessons and learning new ones about the commons gives us leverage to address a wide range of problems. Because the list of resources identified as commons resources continues to grow, the importance of gleaning lessons about the commons will also continue to grow.

That being said, while the resources that make up the commons are certainly diverse, so too are the ways scholars depict it and the challenges …

Federated Capital Corporation Dba Federated Financial Corporation Of America, Plaintiff/Appellant, Vs. James Shaw, Dba Alpha Blinds Dist, Defendant/Appellee. : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

REPLY BRIEF OF APPELLANT

ON APPEAL FROM THE THIRD JUDICIAL DISTRICT COURT, UTAH
COUNTY, STATE OF UTAH, BEFORE THE HONORABLE DENISE P.
LINDBERG

Utah Physicians For A Healthy Environment And Friends Of Great Salt Lake, Petitioners/Appellants Vs. Executive Director Of The Utah Department Of Environmental Quality And The Director Of The Utah Division Of Air Quality, In Their Official Capacity, And The Utah Department Of Environmental Quality, The Utah Division Of Air Quality, Respondents/Appellees., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

No abstract provided.

David K Gillett, An Individual, And Majestic Airlines Incorporated, A Utah Corporation, Plaintiffs/Appellants Vs. Boyd J Brown, An Individual, Sentry Financial Corporation, A Utah Corporation, And Sfc Aircraft Corp I, A Utah Corporation, Defendants/Appell, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the Third Judicial District Court in and for Salt Lake County The Honorable L.A. Dever, District Judge

Texas Groundwater And Tragically Stable “Crossovers”, Zachary Bray

BYU Law Review

One recurring question in the academic literature on common-pool resources relates to the persistence of “tragic” commons regimes—systems that encourage, or at least tolerate, the inefficient, wasteful, hazardous, or unfair exploitation of a resource that is easily accessed for and diminished by individual use and consumption. Of course, not all commons are tragic: some common-pool resources invite individual access in efficient, fair, and durable ways. Yet many commonly held resources do lie under systems of governance that are not just tragic but persistently and stubbornly so. Often the tragic aspects of such commons regimes are well known; indeed, for some …

Cyber Sovereignty: The Way Ahead, Eric Talbot Jensen

Faculty Scholarship

The last few years are full of reports of cyber incidents, some of which have caused significant damage. Each of these cyber events raise important questions about the role and responsibility of States with respect to cyber incidents. The answer to these questions revolves in large part around the international law doctrine of sovereignty. The extent to which nations exercise sovereignty over cyberspace and cyber infrastructure will provide key answers to how much control States must exercise and how much responsibility States must accept for harmful cyber activities when they fail to adequately do so. This article argues that States …

Heal Utah, Et. Al., Plaintiffs/Appellants, V. Kane County Water Conservancy District, Et. Al. Defendant/Appellees., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

An appeal from a judgment of the Seventh District Court sitting without a jury Judge George M. Hatmond, Jr.

Ruth B. Hardy Revocable Trust; Delcon Corporation Profit Sharing Plan Fbo A. Wesley Hardy; Finesse P.S.P.; Mjs Real Properties Llc; Uintah Investments, Llc; David D. Smith; Steven Condie; David L. Johnson; Berrett Psp; Vw Professional Homes Psp; Ty Thomas; And D.R.P. Management Psp, Plaintiffs And Appellants, Vs. Mark Lee, Trustee Of The Rindlesbach Construction Inc. Profit Sharing Plan And Mark Lee Rindlesbach, Individually; Defendants And Appellees : Brief Of Appellants, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the Order of Dismissal as to Mark Lee Rindlesbach Individually, dated December 4, 2012 , in the Third District Court, Salt Lake County, Utah, the Honorable Deno Himonas Presiding.

Heal Utah, A Utah Non-Profit Organization, Et Al., Plaintiffs And Appellants, Vs. Kane County Water Conservancy District, A Utah Water Conservancy District, Et. Al. Defendant And Appellees., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLEE UTAH STATE ENGINEER

Jimmy Dean Meinhard V. State Of Utah : Reply Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

On appeal from the Third Judicial District Court, Salt Lake County, Honorable L.A. Dever, District Court No. 130900232

State Of Utah, Appellee, V. Lane D. Bird, Appellant., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

ON APPEAL TO THE UTAH COURT OF APPEALS FROM .A JUDGMENT ENTERED BY THE FIFTH DISTRICT JUDICIAL COURT, IN AND FOR IRON COUNTY, STATE OF UTAH

Michael S. Robinson, Plaintiff/Appellant, Vs. Jones Waldo Holbrook & Mcdonough, P.C.; Stephen C. Clark, And Melissa M. Bean, Defendants/Appellees, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the Third Judicial District Court, Salt Lake County, Utah, Honorable Charlene Barlow, Presiding

Weiman Ha, Muoi Ha, And Olivia Ha, A Majority Of Shareholders Of Southeast Supermarket, Inc. Appellants/Plaintiffs, Vs. Coung Si Trang, Director For Southeast Supermarket Inc., And Silvia Trang, Secretary For Southeast Supermarket, Inc., Appellees/Defendants, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

No abstract provided.

When Conditions Go Bad: An Examination Of The Problems Inherent In The Conditional Use Permitting System, Jacob Green

BYU Law Review

No abstract provided.

Table Of Contents

BYU Law Review

No abstract provided.

Shareholder Activism As A Corrective Mechanism In Corporate Governance, Paul Rose, Bernard S. Sharfman

BYU Law Review

Under an Arrowian framework, centralized authority and management provides for optimal decision making in large organizations. However, Kenneth Arrow also recognized that other elements within the organization, beyond the central authority, occasionally may have superior information or decision-making skills. In such cases, such elements may act as a corrective mechanism within the organization. In the context of public companies, this Article finds that such a corrective mechanism comes in the form of hedge fund activism, or, more accurately, offensive shareholder activism.

Offensive shareholder activism operates in the market for corporate influence, not control. Consistent with a theoretical framework that protects …

Teaching “Thinking Like A Lawyer”: Metacognition And Law Students, Cheryl B. Preston, Penée Wood Stewart, Louise R. Moulding

BYU Law Review

No abstract provided.

Patent Claim Interpretation Review: Deference Or Correction Driven?, Christopher A. Cotropia

BYU Law Review

This Article examines the Federal Circuit’s review of claim constructions by lower tribunals to determine whether the Federal Circuit defers to lower court constructions or is making its own, independent determination as to the “correct” construction and ultimate result in the case.

The data collected from 2010 to 2013 indicates that the Federal Circuit affirms about 75% of lower court claim interpretations. While this finding is itself surprising, even more surprising is that these reviews do not appear to be driven by deference. Instead, the Federal Circuit is less likely to correct constructions that resulted in a patentee loss below, …

The Creation Of Hipaa Culture: Prioritizing Privacy Paranoia Over Patient Care, Jessica Jardine Wilkes

BYU Law Review

No abstract provided.

Americanwest Bank, Formerly Known As Far West Bank V Sandy G. Kellin : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

APPEAL FROM THE THIRD DISTRICT COURT FOR SUMMIT COUNTY, UTAH, JUDGE TODD M. SHAUGNESSY

Todd Wayne Mulder, Plaintiff/Appellant, Vs. State Of Utah, Defendant/Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Petitioner Todd Wayne Mulder appeals the dismissal of his past-conviction petition. This court has jurisdiction under Utah Code Annotated §78-A-103(2)(j)(West Supp. 2012.)

West Valley City, Petitioner, -V.- John Coyle And West Valley City Civil Service Commission, Respondents., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

APPEAL FROM THE MAY 15, 2014 DECISION AND ORDER OF THE WEST VALLEY CITY CIVIL SERVICE COMMISSION

War Over Words: Reinterpreting "Hostilities" And The War Powers Resolution, Eileen Burgin

Brigham Young University Journal of Public Law

No abstract provided.

Eric Holder's Recent Curtailment Of Mandatory Minimum Sentencing, Its Implications, And Prospects For Effective Reform, Alan Dahl

Brigham Young University Journal of Public Law

No abstract provided.

Asset Acceptance, Llc, Plaintiff/Appellee Vs. Edison Guimaraes, An Individual, Defendant/Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from final judgment of the Second Judicial District Court, Farmington Department, Davis County, State of Utah, the Honorable David Connors, presiding.

The Folly Of Expecting Evil: Reconsidering The Bar’S Character And Fitness Requirement, Leslie C. Levin

BYU Law Review

No abstract provided.

The Original Understanding Of Constitutional Legitimacy, Ilan Wurman

BYU Law Review

This Article argues that three influential schools of originalism, which we might label libertarian, progressive, and conservative, adhere to particular understandings of constitutional legitimacy, which then inform their particular constitutional hermeneutics. The Article demonstrates that as originally understood by the Founders, however, constitutional legitimacy depended on all three conceptions advocated by these schools of thought—that is, the Constitution had to protect natural rights, it had to enable self-government, and it had to be ratified by popular sovereignty. Further, the Article gives considerable treatment—remarkably for the first time in the law review literature— to James Madison’s letter in response to Thomas …

Reviving The Civil Jury Trial: Implementing Short, Summary, And Expedited Trial Programs, Robert A. Patterson

BYU Law Review

No abstract provided.

Citizens For Responsible Charter Schools, Llc, A Utah Limited Liability Corporation, Plaintiff/Appellant V. Martell Menlove In His Official Capacity As Superintendent Of The Utah State Office Of Education And State School Board; And Jenefer Youngfield, In Her Official Capacity As School Construction And Facilities Safety Specialist Utah State Office Of Education, Defendants/Appellees, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

No abstract provided.

Michael S. Robinson, Plaintiff/Appellant, Vs. Jones Waldo Holbrook & Mcdonough, P.C.; Stephen C. Clark, And Melissa M. Bean, Defendants/Appellees, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

This is an appeal from a ruling of the Hon. Charlene Barlow of the Third District Court Salt Lake County, State of Utah