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State Of Utah, Plaintiff / Appellee, V. Raymond Shay Defendant / Appellant.: Brief Of Appellee Jan 2024

State Of Utah, Plaintiff / Appellee, V. Raymond Shay Defendant / Appellant.: Brief Of Appellee

Utah Appeals Court Briefs

Appeal from convictions for seven counts of aggravate d sexual abuse of a child and one count of rape, all first -degree felonies, in the Third Judicial District, Salt Lake County, the Honorable Elizabeth Hruby-Mills presiding


The State Of Utah, Plaintiff/Appellee, V. Rosalio Andres Alvarez, Defendant/Appellant: Brief Of Appellee Jan 2024

The State Of Utah, Plaintiff/Appellee, V. Rosalio Andres Alvarez, Defendant/Appellant: Brief Of Appellee

Utah Appeals Court Briefs

Appeal from two counts of murder, first-degree felonies, and one count of felony discharge of a firearm, a second -degree felony in the Third Judicial District, Salt Lake County, the Honorable Randall Skanchy presiding


State Of Utah, Plaintiff / Appellee, V. Marc Perry Young, Defendant / Appellant.: Brief Of Appellee Jan 2024

State Of Utah, Plaintiff / Appellee, V. Marc Perry Young, Defendant / Appellant.: Brief Of Appellee

Utah Appeals Court Briefs

Appeal from a judgment of conviction on one count of aggravated assault, a third-degree felony, in the Eighth Judicial District, Duchesne County, the Honorable Samuel P. Chiara presiding


Tate Of Utah, Plaintiff / Appellee, V. Marc Perry Young, Defendant / Appellant.: Appellant’S Reply Brief Jan 2024

Tate Of Utah, Plaintiff / Appellee, V. Marc Perry Young, Defendant / Appellant.: Appellant’S Reply Brief

Utah Appeals Court Briefs

Appeal from a judgment of conviction on one count of aggravated assault, a third-degree felony, in the Eighth Judicial District, Duchesne County, the Honorable Samuel P. Chiara presiding


The State Of Utah, Plaintiff/Appellee, V. Rosalio Andres Alvarez, Defendant/Appellant: Appellant’S Opening Brief Jan 2024

The State Of Utah, Plaintiff/Appellee, V. Rosalio Andres Alvarez, Defendant/Appellant: Appellant’S Opening Brief

Utah Appeals Court Briefs

Appeal from two counts of murder, first-degree felonies, and one count of felony discharge of a firearm, a second -degree felony in the Third Judicial District, Salt Lake County, the Honorable Randall Skanchy presiding


The State Of Utah, Plaintiff/Appellee, V. Justin Paul Cline, Defendant/Appellant.: Brief Of Appellant Jan 2024

The State Of Utah, Plaintiff/Appellee, V. Justin Paul Cline, Defendant/Appellant.: Brief Of Appellant

Utah Appeals Court Briefs

Appeal from convictions of failure to stop or respond at command of police, a third degree felony, in violation of Utah Code § 76-8-305.5; operating a vehicle without insurance, a class C misdemeanor, in violation of Utah Code § 41- 12a-303.2; operating a vehicle without license or registration, a class C misdemeanor, in violation of Utah Code § 41-12a-603; and driving on a suspended or revoked license, in violation of Utah Code § 41-12a-603, in the Third District Court, Salt Lake County, Utah, Judge Kristine Johnson presiding.


The State Of Utah, Plaintiff/Appellee, V. Justin Paul Cline, Defendant/Appellant.: Brief Of Appellee Jan 2024

The State Of Utah, Plaintiff/Appellee, V. Justin Paul Cline, Defendant/Appellant.: Brief Of Appellee

Utah Appeals Court Briefs

Appeal from convictions for failure to stop at the command of police, a third degree felony, operating a motor vehicle without insurance, a class C misdemeanor, operating a vehicle without a license, a class C misdemeanor, and driving on a suspended or revoked license, a class C misdemeanor, in the Third Judicial District, Salt Lake County, the Honorable Kristine Johnson presiding


The State Of Utah, Plaintiff/Appellee V. Umar Akeem Thalab, Defendant/Appellant. Reply: Brief Of Appellee Jan 2024

The State Of Utah, Plaintiff/Appellee V. Umar Akeem Thalab, Defendant/Appellant. Reply: Brief Of Appellee

Utah Appeals Court Briefs

Appeal from the denial of a petition for expungement and a final order imposing a permanent stalking injunction, in the Third Judicial District Court, Salt Lake County, the Honorable Linda Jones presiding


State Of Utah, Plaintiff / Appellee, V. Marc Perry Young, Defendant / Appellant.: Appellant’S Reply Brief Jan 2024

State Of Utah, Plaintiff / Appellee, V. Marc Perry Young, Defendant / Appellant.: Appellant’S Reply Brief

Utah Appeals Court Briefs

Appeal from a judgment of conviction on one count of aggravated assault, a third-degree felony, in the Eighth Judicial District, Duchesne County, the Honorable Samuel P. Chiara presiding


The State Of Utah, Plaintiff/Appellee V. Umar Akeem Thalab, Defendant/Appellant. Reply: Brief Of Appellant Jan 2024

The State Of Utah, Plaintiff/Appellee V. Umar Akeem Thalab, Defendant/Appellant. Reply: Brief Of Appellant

Utah Appeals Court Briefs

Appeal from the denial of a petition for expungement and a final order imposing a permanent stalking injunction, in the Third Judicial District Court, Salt Lake County, the Honorable Linda Jones presiding


628 Park Avenue Llc, Appellant, V. Robert A. Miller, Appellee.: Principal Brief Of Appellant Jan 2024

628 Park Avenue Llc, Appellant, V. Robert A. Miller, Appellee.: Principal Brief Of Appellant

Utah Appeals Court Briefs

On appeal from the Third Judicial District Court, Summit County, Honorable Richard Mrazik


628 Park Avenue Llc, Appellant, V. Robert A. Miller, Appellee.: Reply Brief Of Appellant Jan 2024

628 Park Avenue Llc, Appellant, V. Robert A. Miller, Appellee.: Reply Brief Of Appellant

Utah Appeals Court Briefs

On appeal from the Third Judicial District Court, Summit County, Honorable Richard Mrazik, District Court No. 190500384


628 Park Avenue Llc, Appellant, V. Robert A. Miller, Appellee.: Principal Brief Of Appellee Jan 2024

628 Park Avenue Llc, Appellant, V. Robert A. Miller, Appellee.: Principal Brief Of Appellee

Utah Appeals Court Briefs

On appeal from the Third Judicial District Court, Summit County Honorable Richard Mrazik, District Court Case No. 190500384 Troy L. Booher Lashel Shaw Taylor P. Webb ZIMMERMAN BOOHER , Fourth Floor 924-0200 Tal S. Madanes


Mountain West Towing, Et Al., Plaintiffs - Appellees – Cross-Appellants Vs. West Jordan City, Et Al., Defendants – Appellants – Cross-Appellees: Principal Brief Of Appellant Jan 2024

Mountain West Towing, Et Al., Plaintiffs - Appellees – Cross-Appellants Vs. West Jordan City, Et Al., Defendants – Appellants – Cross-Appellees: Principal Brief Of Appellant

Utah Appeals Court Briefs

On appeal from the Third Judicial District Court, Salt Lake County, Honorable Keith Kelly


Mountain West Towing, Et Al., Plaintiffs - Appellees – Cross-Appellants Vs. West Jordan City, Et Al., Defendants – Appellants – Cross-Appellees: Principal Brief Of Cross-Appellants Jan 2024

Mountain West Towing, Et Al., Plaintiffs - Appellees – Cross-Appellants Vs. West Jordan City, Et Al., Defendants – Appellants – Cross-Appellees: Principal Brief Of Cross-Appellants

Utah Appeals Court Briefs

On Appeal from the Third Judicial District Court, Salt Lake County The Honorable Keith Kelly


Steven Wallace Hart, Appellant, V. State Of Utah, Appellee.: Appellant’S Reply Brief Jan 2024

Steven Wallace Hart, Appellant, V. State Of Utah, Appellee.: Appellant’S Reply Brief

Utah Appeals Court Briefs

On appeal from a conviction of two counts of dealing in material harmful to a minor, a third -degree felony, in the Fourth Judicial District Court, Utah County, the Honorable Roger W. Griffin presiding


Mountain West Towing, Et Al., Plaintiffs - Appellees – Cross-Appellants Vs. West Jordan City, Et Al., Defendants – Appellants – Cross-Appellees: Principal Brief Of Cross-Appellants Jan 2024

Mountain West Towing, Et Al., Plaintiffs - Appellees – Cross-Appellants Vs. West Jordan City, Et Al., Defendants – Appellants – Cross-Appellees: Principal Brief Of Cross-Appellants

Utah Appeals Court Briefs

On Appeal from the Third Judicial District Court, Salt Lake County The Honorable Keith Kelly, District Oral Argument Requested


Mountain West Towing, Et Al., Plaintiffs - Appellees – Cross-Appellants Vs. West Jordan City, Et Al., Defendants – Appellants – Cross-Appellees: Principal Brief Of Cross-Appellants Jan 2024

Mountain West Towing, Et Al., Plaintiffs - Appellees – Cross-Appellants Vs. West Jordan City, Et Al., Defendants – Appellants – Cross-Appellees: Principal Brief Of Cross-Appellants

Utah Appeals Court Briefs

On Appeal from the Third Judicial District Court, Salt Lake County The Honorable Keith Kelly


Steven Wallace Hart, Appellant, V. State Of Utah, Appellee.: Brief Of Appellee Jan 2024

Steven Wallace Hart, Appellant, V. State Of Utah, Appellee.: Brief Of Appellee

Utah Appeals Court Briefs

On appeal from a conviction of two counts of dealing in material harmful to a minor, a third -degree felony, in the Fourth Judicial District Court, Utah County, the Honorable Roger W. Griffin presiding


Steven Wallace Hart, Appellant, V. State Of Utah, Appellee.: Appellant’S Opening Brief Jan 2024

Steven Wallace Hart, Appellant, V. State Of Utah, Appellee.: Appellant’S Opening Brief

Utah Appeals Court Briefs

On appeal from a conviction of two counts of dealing in material harmful to a minor, a third -degree felony, in the Fourth Judicial District Court, Utah County, the Honorable Roger W. Griffin presiding


State Of Utah, Plaintiff / Appellee, V. Tianikumi Finau, Defendant / Appellant.: Appellant’S Reply Brief Jan 2024

State Of Utah, Plaintiff / Appellee, V. Tianikumi Finau, Defendant / Appellant.: Appellant’S Reply Brief

Utah Appeals Court Briefs

Appeal from convictions for three counts of forcible sexual abuse and one count of tampering with a witness, all second- degree felonies, in the Third Judicial District, Salt Lake County, the Honorable James Gardner presiding


State Of Utah, Plaintiff / Appellee, V. Tianikumi Finau Defendant / Appellant.: Appellant’S Opening Brief Jan 2024

State Of Utah, Plaintiff / Appellee, V. Tianikumi Finau Defendant / Appellant.: Appellant’S Opening Brief

Utah Appeals Court Briefs

Appeal from convictions for three counts of forcible sexual abuse and one count of tampering with a witness, all second- degree felonies, in the Third Judicial District, Salt Lake County, the Honorable James Gardner presiding


State Of Utah, Plaintiff / Appellee, V. Tianikumi Finau, Defendant / Appellant.: Brief Of Appellee Jan 2024

State Of Utah, Plaintiff / Appellee, V. Tianikumi Finau, Defendant / Appellant.: Brief Of Appellee

Utah Appeals Court Briefs

Appeal from convictions for three counts of forcible sexual abuse and one count of tampering with a witness, all second- degree felonies, in the Third Judicial District, Salt Lake County, the Honorable James Gardner presiding


Manuel Lopez, Petitioner/Appellant, V. Orwell Precast; Workers Compensation Fund,Respondents/Appellees, Utah Court Of Appeals Jan 2024

Manuel Lopez, Petitioner/Appellant, V. Orwell Precast; Workers Compensation Fund,Respondents/Appellees, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

REPLY BRIEF OF APPELLANT Appeal From Labor Commission - Appeals Board


Extra-Legal Uses Of Tm, Clark Asay, Lareina Hingson, Stephanie Plamondon Jan 2024

Extra-Legal Uses Of Tm, Clark Asay, Lareina Hingson, Stephanie Plamondon

Faculty Scholarship

Theoretical accounts of trademark law suggest that trademarks serve multiple marketplace functions, including protecting consumers and producers from unfair dealing, reducing consumer search costs, and incentivizing higher quality goods and services. Producers of goods and services often use the ‘TM’ symbol to signal their assertion of legal rights in a mark, arguably helping advance these goals. But recently, an interesting phenomenon has arisen in which individuals not engaged in typical commercial activities have been using the TM signifier in ways that don’t necessarily correspond to the symbol’s legal function. These so-called “extra-legal” uses of the TM symbol can offer insights …


Deron Brunson Appellant V. Anthony B. Anderson Appellee : Brief Of Appellant, Utah Court Of Appeals Dec 2023

Deron Brunson Appellant V. Anthony B. Anderson Appellee : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

This appeal taken from a final Judgment and Order in the Third Judicial District Court, Salt Lake County, State of Utah, from the Honorable James Gardner.

Anthony B. Anderson, Appellee, pro se

Deron Brunson, Appellant, pro se


Bill Of Rights Nondelegation, Eli Nachmany Dec 2023

Bill Of Rights Nondelegation, Eli Nachmany

BYU Law Review

Speculation about the “revival” of the nondelegation doctrine has reached a fever pitch. Although the Supreme Court apparently has not applied the nondelegation doctrine to declare a federal statute unconstitutional since 1935, the doctrine may be making a comeback. The common understanding is that the nondelegation doctrine prohibits Congress from “delegating” legislative power to the executive branch. While the nondelegation doctrine may appear to be about limiting Congress, its ultimate target is delegation. But if the nondelegation doctrine is about policing delegation, then the Court has been regularly — and rigorously — applying the doctrine in a different context: In …


Full Issue Dec 2023

Full Issue

BYU Law Review

No abstract provided.


Hidden Contracts, Shmuel I. Becher, Uri Benoliel Dec 2023

Hidden Contracts, Shmuel I. Becher, Uri Benoliel

BYU Law Review

Transparency is a promising means for enhancing democratic values, countering corruption, and reducing power abuse. Nonetheless, the potential of transparency in the domain of consumer contracts is untapped. This Article suggests utilizing the power of transparency to increase consumer access to justice, better distribute technological gains between businesses and consumers, and deter sellers from breaching their consumer contracts while exploiting consumers’ inferior position.

In doing so, this Article focuses on what we dub “Hidden Contracts.” Part I conceptualizes the idea of hidden contracts. It first defines hidden contracts as consumer form contracts that firms unilaterally modify and subsequently remove from …


Twenty-First Century Split: Partisan, Racial, And Gender Differences In Circuit Judges Following Earlier Opinions, Stuart Minor Benjamin, Kevin M. Quinn, Byungkoo Kim Dec 2023

Twenty-First Century Split: Partisan, Racial, And Gender Differences In Circuit Judges Following Earlier Opinions, Stuart Minor Benjamin, Kevin M. Quinn, Byungkoo Kim

BYU Law Review

Judges shape the law with their votes and the reasoning in their opinions. An important element of the latter is which opinions they follow, and thus elevate, and which they cast doubt on, and thus diminish. Using a unique and comprehensive dataset containing the substantive Shepard’s treatments of all circuit court published and unpublished majority opinions issued between 1974 and 2017, we examine the relationship between judges’ substantive treatments of earlier appellate cases and their party, race, and gender. Are judges more likely to follow opinions written by colleagues of the same party, race, or gender? What we find is …