Digital Commons Network^™

Searching For A Trademarks Test: The Ninth Circuit’S Query In Network Automation, R. Gregory Israelsen

BYU Law Review

No abstract provided.

Excessive Or Warranted? The Unshackling Of Discovery Sanctions In Lee V. Max International, Llc, Daniel S. Mehr Iii

BYU Law Review

No abstract provided.

Eliminating The Subjective Intent Requirement For True Threats In United States V. Bagdasarian, Jake Romney

BYU Law Review

No abstract provided.

Digitally Unknown: Why The Ninth Circuit Should Wish To Remain Anonymous In In Re Anonymous Online Speakers, Brandon T. Crowther

BYU Law Review

No abstract provided.

Honest Services Fraud And The Fiduciary Relationship Requirement: How The Ninth Circuit Got It Wrong In United States V. Milovanovic, Samantha Hunter

BYU Law Review

No abstract provided.

Discouraging Voluntary Disclosure: Eeoc V. C.R. England And Confidentiality Under The Ada, Jessica Jones

BYU Law Review

No abstract provided.

Uneven “Neutrality”: Dual Standards And The Establishment Clause In Johnson V. Poway, Eric Jeppsen

BYU Law Review

No abstract provided.

Nondiscrimination And Religious Affiliation: The Ninth Circuit Upholds The Denial Of Registered Status To A Christian Student Club In Alpha Delta Chi-Delta Chapter V. Reed, Devin Snow

BYU Law Review

No abstract provided.

Simmonds V. Credit Suisse Securities: Applying Delaware’S Demand Requirement To Section 16(B), Joseph Orien

BYU Law Review

No abstract provided.

The Fallacy Behind The Inflated Flats - Will Standardizing Terms Make Residential-Market Prices In China Collapse?, Tsui Tat Chee

Brigham Young University International Law & Management Review

No abstract provided.

Clark Memorandum: Spring 2012, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School

The Clark Memorandum

• A Handful of Pumpkin Seeds (Monroe G McKay)
• Musings of a Small-Town Lawyer (Steven E. Snow)
• The Boundaries of Belonging (Lynn D. Wardle)
• Timpanogos Legal Center (Jane H. Wise)

The Taxman On Campus: How Aggressive Irs Initiatives Are Increasing Audit And Compliance Risk For Colleges And Universities, William A. Bailey

Brigham Young University Education and Law Journal

No abstract provided.

Drawing The Lines: Pushing Past Arlington Heights And Parents Involved In School Attendance Zone Cases, Rebecca M. Abel

Brigham Young University Education and Law Journal

No abstract provided.

Diminished Rights Of Parents To Seek Reimbursement Under The Idea For Unilateral Placement Of Their Children In Private Schools, Ralph D. Mawdsley

Brigham Young University Education and Law Journal

No abstract provided.

The Legal And Policy Implication Of Value-Added Teacher Assessment Policies, Preston C. Green, Bruce D. Baker, Joseph Oluwole

Brigham Young University Education and Law Journal

No abstract provided.

An Increased Role For The Department Of Education In Addressing Federalism Concerns, Benton Martin

Brigham Young University Education and Law Journal

No abstract provided.

Utah's New Extermination Orders, Patrick B.N. Solomon

Brigham Young University Journal of Public Law

No abstract provided.

The Absurd Results Doctrine, Chevron, And Climate Change, D. Wiley Barker

Brigham Young University Journal of Public Law

No abstract provided.

An "Objectively Reasonable" Criticism Of The Doctrine Of Qualified Immunity In Excessive Force Cases Brought Under 42 U.S.C. § 1983, Philip Sheng

Brigham Young University Journal of Public Law

No abstract provided.

Unwrapping Shrinkwraps, Clickwraps, And Browsewraps: How The Law Went Wrong From Horse Traders To The Law Of The Horse, Cheryl B. Preston, Eli W. Mccann

Brigham Young University Journal of Public Law

This Article starts with the famous "horse trades" (typically between A and B and for 10£) from early discussions of contract law, and proceeds through Judge Burrough's enduring "unruly horse" and Karl Llewellyn's Across Sales on Horseback and The First Struggle to Unhorse Wares, to provide background for a critique of the recent judicial liberality in enforcing online contracts. We then focus on role of Judge Frank Easterbrook, who has personally insulted the place of the horse in law, and his infamous opinion in ProCD v. Zeidenberg. This case fueled the enforcement of clickwrap and browsewrap contracts by decaying assent …

Mill, Holmes, Brandeis And A True Threat To Brandenburg, Mark Strasser

Brigham Young University Journal of Public Law

No abstract provided.

Procedural Due Process And Predictable Punitive Damage Awards, Jill Wieber Lens

BYU Law Review

In Exxon Shipping Co. v. Baker, the Supreme Court’s most recent opinion on punitive damage awards, the Court declared that the real problem with punitive damage awards is their “stark unpredictability.” The Court abandoned all hope that common law jury instructions could produce predictable punitive damage awards. Instead, the Court suggested pegging punitive damage awards to compensatory damage awards. So far, analysis of the opinion has been minimal, likely due to the purported maritime law basis of the holding. Exxon should not be overlooked, however, as it signals a resurgence of procedural due process as a basis for challenging punitive …

Mutiny By The Bounties? The Attempt To Reform Wall Street By The New Whistleblower Provisions Of The Dodd-Frank Act, Geoffrey Christopher Rapp

BYU Law Review

No abstract provided.

Marriage, Fundamental Premises, And The California, Connecticut, And Iowa Supreme Courts, Monte Neil Stewart, Jacob D. Briggs, Julie Slater

BYU Law Review

The highest courts in California, Connecticut, and Iowa recently held that the constitutional norm of equality requires the redefinition of marriage from “the union of a man and a woman” to “the union of any two persons.” The argument leading to that holding, like all arguments, proceeds from premises that the argument does not prove but that serve as the starting point for reasoning. Those premises range from the nature of contemporary American marriage to the equivalence of the pre- and post-redefinition marriage institutions, to the social costs, if any, resulting from redefinition, and to marriage’s relationship with other social …

(Un)Reasonable Expectation Of Digital Privacy, Brandon T. Crowther

BYU Law Review

No abstract provided.

Surrogate Taxation And The Second-Best Answer To The In-Kind Benefit Valuation Riddle, Jay A. Soled

BYU Law Review

For well over a century, theorists have debated how the receipt of inkind benefits, such as meals and lodging furnished for the convenience of an employer and business entertainment opportunities, should be taxed. While debate participants have generally agreed that the receipt of such in-kind benefits constitutes income, the question has remained about whether to value such benefits at fair market value or at the recipient’s subjective value or to use some other metric. Because of administrative considerations in determining the tax base, the Internal Revenue Code (Code) historically used a binary approach: either include the in-kind benefit at its …

Brett Perez V. South Jordan City : Brief Of Petitioner, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

APPEAL FROM A DECISION OF THE UTAH COURT OF APPEALS ENTITLED Perez v. South Jordan City, Case No. 20100545, DATED DECEMBER 15, 2011

Douglas Bates V. Utah Association Of Realtors; Christopher Kyler; Charles Smalley; Salt Lake Board Of Realtors; Northern Wasatch Association Of Realtors; Wasatch Front Regional Mls; Bryan R. Kohler; Michael J. Ostermiller; Jillinda Bowers; Brady Long Dba Equity Real Estate; Thomas Johnson; Randall Wall; Sandra Hoover; And Does 1-60 Inclusive : Reply Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Reply Brief of Appellant

Christopher Carlton, Petitioner/ Appellant, Shalanda Brown, And The Adoption Center Of Choice, Inc., Respondents/ Appellees : Brief Of Appellee The Adoption Center Of Choice, Inc.

Utah Supreme Court Briefs (1965 –)

Appeal from a Final Order of the Fourth Judicial District Court, The Honorable Steven L. Hansen

Utah V. David W. Ward : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

On Appeal from the Fourth District Court, Wasatch County, State of Utah The Honorable Judge Derek P. Pullan