Digital Commons Network^™

Balance In The Basin, Casey Lee Mcclellan

BYU Law Review

The National Environmental Policy Act (NEPA) changed the way land managers and users interact with public lands. However, its stringent requirements are not responsive to today’s environmental and economic realities. For the future of sustainable mineral extraction, there must be a better way. Adaptive management, a more flexible planning process, should be used on public lands to ensure greater leeway for operators, environmentalists, and local economies. By analyzing rural northeastern Utah’s Uinta Basin’s history and existing public land use plans, this Note applies adaptive management to the area to show how thinking outside the box can solve seemingly unsolvable problems.

Sports Medicine Research And Testing Laboratory, Petitioner V. Board Of Equalization Of Salt Lake County, State Of Utah, And Utah State Tax Commission, Respondents., Utah Supreme Court

Utah Supreme Court Briefs (2021– )

Brief of Appellee Review of final agency action of the Utah State Tax Commission, Appeal No. 20-1618 before Judge Jane Phan

Bruce Olson (2468) RAY QUINNEY & NEBEKER P.C. Attorneys for Sports Medicine Research and Testing Laboratory

SIM GILL (6389) District Attorney for Salt Lake County Timothy A. Bodily (6496) Bradley C. Johnson (10638) Deputy District Attorneys Attorneys for Salt Lake County Board of Equalization

Sports Medicine Research And Testing Laboratory, Petitioner V. Board Of Equalization Of Salt Lake County, State Of Utah, And Utah State Tax Commission, Respondents., Utah Supreme Court

Utah Supreme Court Briefs (2021– )

Brief of Respondent Utah State Tax Commission On Petition for Review of a Final Decision of the Utah State Tax Commission, Appeal No. 20-1618

Samuel A. Lambert Bruce Olson RAY QUINNEY & NEBEKER P.C. Attorneys for Petitioner Sports Medicine Research and Testing Laboratory

Erin T. Middleton (10666) Assistant Solicitor General Michelle Lombardi (14085) Assistant Attorney General Sean D. Reyes (7969) Utah Attorney General Attorneys for Respondent Utah State Tax Commission

Luis Sanchez, Petitioner/ Appellant V. State Of Utah, Respondent/ Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

APPELLANT’S RULE 10(c) PRINCIPAL MEMORANDUM IN SUPPORT OF REVERSAL

Ian L. Quiel, Debra M. Nelson, Benjamin Miller, Attorneys for Mr. Sanchez

Clark Memorandum: Fall 2023, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society

The Clark Memorandum

• Five Ways Law School Contributes to Life’s True Purpose
• Faith in Law: A Q&A with President Dallin H. Oaks
• Personal Religious Conviction and the Practice of Law

Dignity, Deference, And Discrimination: An Analysis Of Religious Freedom In America’S Prisons, Elyse Slabaugh

BYU Law Review

The free exercise of religion often presents a complex reality in prison. Over the years, the standard of scrutiny for free exercise claims has not only been easily alterable but also unclear and inconsistent in its application. Recent legislation, such as RLUIPA and RFRA, has significantly improved the state of religious freedom in prisons. However, two U.S. Supreme Court decisions on RLUIPA—Cutter v. Wilkinson and Holt v. Hobbs—have led to some confusion among lower courts regarding the level of deference that should be afforded to prison officials. Although Holt demonstrated a hard look approach to strict scrutiny, it did nothing …

State Of Utah V. Omar Jesus Cortez-Izarraraz, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Rule 23B Motion
and Supporting
Memorandum
(Public)

Full Issue

BYU Law Review

No abstract provided.

Don’T Say Gay Or God: How Federal Law Threatens Student Religious Rights And Fails To Protect Lgbtq Students, Stephen Mcloughlin

BYU Law Review

Federal law requires schools to protect students from discrimination based on their sexual orientation and gender identity. This protection is based on the principle that students must be free to explore their self-identity within the school environment as part of their intellectual development. Thus, schools must eliminate speech that threatens LGBTQ students based on their gender identity or sexual orientation. However, schools must also protect free speech and religious rights. Indeed, the expression of religious beliefs is also crucial to intellectual growth. Thus, schools must develop student speech policies that protect LGBTQ students from harmful speech while protecting controversial religious …

Free Exercise Of Abortion, Elizabeth Sepper

BYU Law Review

For too long, religion has been assumed to be in opposition to abortion. Abortions consistent with, motivated by, and compelled from religion have been erased from legal and political discourse. Since the fall of Roe v. Wade, free exercise claims against abortion bans have begun to correct course. Women and faith leaders in several states have filed suit, asserting their religious convictions in favor of abortion. They give form to the reality—as progressive theologians have long argued—that to have a child can be a sacred choice, but not to have a child can also be a sacred choice. And they …

The Impact Of Religion And Religious Organizations, Elizabeth A. Clark

BYU Law Review

Legal scholars often see religion as a mere private preference, choice, value, or identity with no more meaning or positive social impact than any other preference, choice, value, or identity. If anything, religion’s negative impacts are often highlighted. For example, a focus on the harms of religion often underlies contemporary legal debates about religious exemptions and tensions between religious rights and LGBTQ rights or reproductive rights. Conversely, scholars in other fields have documented religion’s distinctive pro-social features, proposing mechanisms by which religion has unique positive impacts on individuals, families, and society. While recognizing that, for its practitioners, religion has its …

State Of Utah Appellee/ Plaintiff V. Ryan Scott Hatch Appellant/Defendant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from a conviction of wanton destruction of protected wildlife, a third degree felony, in the Sixth Judicial District Court, Case No. 211600066, the Honorable Mandy Larsen presiding

Heber M. Wells Building, Attorneys for the State of Utah

Scott F. Garrett, Jessica Griffin Anderson, Attorneys for Ryan Scott Hatch

Hospitals And Local Taxation: The Troubled Tale Of Property Tax, Matthew S. Johnson

Brigham Young University Journal of Public Law

The taxation of hospitals is plagued with subjectivity, which especially burdens nonprofit hospitals. Inconsistencies across localities further exacerbate the uncertainty encountered by nonprofit hospitals seeking local tax exemptions. While federal and state tax implications for nonprofit hospitals receive most of the attention from debaters and scholars, local property tax exemptions are also of significant value for nonprofit hospitals and have been largely overlooked. This Comment explores the policy arguments for and against nonprofit status for hospitals. It shows that while the federal government has chosen relatively bright-line rules for determining non-profit status, localities are far less predictable. This Comment contributes …

Rulemaking By Ambush: How Prohibitions Against It Became Dead Letters, Arthur G. Sapper

Brigham Young University Journal of Public Law

No abstract provided.

Reclaiming Humphrey’S Executor: Expertise And Impartiality In The Ftc, Thomas Smith

Brigham Young University Journal of Public Law

The commissioners of the Federal Trade Commission (FTC) sit just beyond the president’s removal power, for now. The U.S. Supreme Court has all but overruled Humphrey’s Executor, which declared the constitutionality of the FTC’s statutory protections from at-will presidential removal. Recent rulings in Seila Law, Free Enterprise Fund, and Collins held that restrictions on the president’s removal of various government agency officials are unconstitutional. Despite these cases, the Court has not directly overruled Humphrey’s Executor, and in theory, its precedent still provides the FTC commissioners with protection from the president’s removal power. However, the modern FTC is easily distinguishable from …

Race, Ethnicity, And Fair Housing Enforcement: A Regional Analysis, Charles S. Bullock Iii, Charles M. Lamb, Eric M. Wilk

Brigham Young University Journal of Public Law

This article systematically compares how federal, state, and local civil rights agencies in the ten standard regions of the United States enforce fair housing law complaints filed by Blacks and Latinos. Specifically, it explores the extent to which regional outcomes at all three levels of government are decided favorably where, between 1989 and 2010, a racial or ethnic violation of the Fair Housing Act of 1968 or the Fair Housing Amendments Act of 1988 is alleged. The results reveal significant variations in outcomes between these groups across the country. Most importantly, the probability of an outcome favorable to the complainant …

On The Place Of Self-Defense In Public Life: A Hobbesian Critique Of The Supreme Court’S Second Amendment, Rafi Reznik

Brigham Young University Journal of Public Law

Contemporary Second Amendment law, which originated with the famous Heller decision (2008) and reached a new peak with Bruen (2022), relies on an implicit political theory. This article uncovers and critiques that theory. I argue that the Supreme Court’s Second Amendment jurisprudence positions interpersonal self-defense, and more generally individual response to crime, at the heart of the meaning of American citizenship. The paradigmatic citizen for whom state institutions should be designed is a self-defender, because, per the Court’s interpretive methodology, this is what the American people want. This line of cases thus attempts one of the most challenging feats of …

Updating The Berne Convention For The Internet Age: Un-Blurring The Line Between United States And Foreign Copyrighted Works, Ethan Schow

Brigham Young University Journal of Public Law

John Naughton, notable journalist and academic, has asserted that “[common sense] should also revolt at the idea that doctrines about copyright that were shaped in a pre-Internet age should apply to a post-Internet one.” And yet, in crucial aspects of international law, this is the situation in which the world finds itself today. The Berne Convention for the Protection of Literary and Artistic Works (the “Berne Convention” or the “Convention”) is one of the most important multinational agreements concerned with copyright law, but it has not been amended since September 28, 1979. Although the internet technically existed in an early …

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

Utah Court of Appeals Briefs (2020 –)

On appeal from a decree of divorce in the Third Judicial District Court, Case No. 214905299, the Honorable Patrick Corum presiding

Vicky Jo Nelson, Pro Se

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

State Of Utah, Plaintiff/Appellee V. Debra Kay Youren, Defendant/Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from a Judgment and Conviction for one count of Exploitation of a Vulnerable Adult, a Second Degree Felony, and one count of Theft, a Second Degree Felony, The Honorable Anthony Howell presiding in the Fourth Judicial Court, Juab County, State of Utah, Case No.191600058

SEAN REYES Utah Attorney General c/o Criminal Appeals Division Assistant Solicitor General Attorney for Appellee

ANN M. TALIAFERRO (#8776) BROWN BRADSHAW & MOFFAT Attorney for Appellant

State Of Utah V. Bridgewaters : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

An appeal from a judgment of conviction of manslaughter, a second-degree felony; and tampering with a witness, a third-degree felony in the Third Judicial District Court, Salt Lake County, State of Utah, the Honorable Hogan, presiding. Appellant is incarcerated

SEAN D. REYES (7969) Utah Attorney General Attorney for Appellee

ROBERT T. DENNY (13687) Salt Lake Legal Defender Assoc. Attorney for Appellant

The Byu Advocate, J. Reuben Clark Law School

The BYU Advocate (& Annual Reports)

"[B]y any reasonable measure, BYU Law has become a great law school. Whether you examine faculty influence, student credentials, bar passage, graduate placement, low graduate indebtedness, library resources, or myriad other factors, BYU Law School is one of the finest law schools in the United States."
– D. Gordon Smith

Instigator And Proxy Liability In The Context Of Information Operations, Carolyn Sharp

Brigham Young University Journal of Public Law

No abstract provided.

Information Leaking And The United States Supreme Court, Chad Marzen, Michael Conklin

Brigham Young University Journal of Public Law

No abstract provided.

State Of Utah, Plaintiff/ Appellee V. Eddie Michael Clegg, Defendant/ Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Second Judicial District Court, Carbon County, Honorable Joseph Bean, District Court No. 211903061

Christopher F. Allred, Steven Austin Lee, Counsel for Appellee

Emily Adams, Freyja Johnson, Counsel for Appellant

Sports Medicine Research And Testing Laboratory, Petitioner V. Board Of Equalization Of Salt Lake County, State Of Utah, And Utah State Tax Commission, Respondents., Utah Supreme Court

Utah Supreme Court Briefs (2021– )

On Petition for Review of Final Decision of the Utah State Tax Commission: Brief of Appellant

Erin Middleton Assistant Solicitor General Michelle Lombardi Assistant Attorney General Attorneys for Respondent Utah State Tax Commission Bradley C. Johnson Timothy A. Bodily Deputy District Attorneys Attorneys for Respondent Board of Equalization of Salt Lake County

Samuel A. Lambert (11915) Bruce Olson (2468) RAY QUINNEY & NEBEKER P.C. Attorneys for Sports Medicine Research and Testing Laboratory

Lindsay Ortega Plaintiff-Appellee, V. Cynthia Jones Defendant-Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from Judgment of the Fourth Judicial District Court, Wasatch County, State of Utah, District Court No. 160500012 Honorable Jennifer A. Mabey presiding

Patricia Geary Glenn, Attorneys for Appellant

Kathleen D. Weron, Amanda L. Fuller, Christopher R. Hogle, Michael E. Harmond, Attorneys for Appellee

Timothy Skidmore And Cindy Gillman As Heirs And Personal Representatives Of Christina Skidmore, Plaintiffs/Appellants. V. Sandy Health & Rehab : Daffodi Holdings, Llc Dba Sandy Health & Rehab: Racheal Stubbs, Md: And Elizabetii Velapatino, Lpn, Defendants/Appellees: Appellees Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the Third Judicial District Court, Salt Lake County, Judge Amy Oliver, Case No. 180907304

Robert D. Strieper, Strieper Law Firm, Attorney for Appellant

Alexander Dushku, Justin W Starr, James T. Burton, Austin D. Westerberg, Attorneys for Appellees

Skidmore, Deceased, Appellants/Plaintiffs V. Sandy Health & Rehab; Daffodil : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the Third Judicial District Court, Salt Lake County, Judge Amy Oliver, Case No. 180907304

Robert D. Strieper Strieper Law Firm Attorney for Appellant

Alexander Dushku (7712) Justin W Starr (10708) James T. Burton (11875) Austin D. Westerberg (16983) KIRTON McCONKIE Attorneys for Appellees

James Cordery, And A.S., A Minor, On Behalf Of The Estate And Heirs Of Joshua Cordery, Plaintiffs-Appellants V. University Of Utah School Of Dentistry, And Intermountain Healthcare Defendants-Appellees : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

BRIEF OF THE APPELLEE On appeal from the Third Judicial District Court, Salt Lake County

Honorable Keith Kelly

NELSON NAEGLE, PLLC Attorneys for Appellee

Intermountain Healthcare Sarah Elizabeth Spencer Jeffrey B. Teichert SPENCER WILLSON, PLLC Attorney for Appellants