Digital Commons Network^™

Sysco Corp., American Zurich Insurance Company, And New Hampshire Insurance Company, Respondents/Appellants V. Utah Labor Commission, And Paul Roberts : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

BRIEF OF AFLELLER PETITIONER BELOW) PAUL ROBERTS

Brad Miller Attorney for Appellants

Brian Kelm Attorney for Appellee Roberts Christopher Hill General counsel for Appellee ULC

Sysco Corp. And American Zurich Insurance Company, Appellant/Respondents V. Labor Commission And Paul Roberts, Appellee/Petitioner: Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

BRIEF OF APPELLEE (PETITIONER BELOW) PAUL ROBERTS

Brad Miller Attorney for Appellants Pollart Miller LLC

Brian Kelm Attorney for Appellee Roberts Christopher Hill General Counsel for Appellee ULC

Engineering The Modern Administrative State: Political Accommodation And Legal Strategy In The New Deal Era, Daniel B. Rodriguez, Barry R. Weingast

BYU Law Review

Administrative constitutionalism in the United States has been characterized by tension and accommodation. The tension reflects the unsettled nature of our constitutional scheme, especially with regard to separation of powers, and also the concern with agency discretion and performance. Still and all, we have accommodated administrative constitutionalism in fundamental ways, through a constitutional jurisprudence that, in the main, accepts broad delegations of regulatory power to the bureaucracy and an administrative law that oversees agency actions under procedural and substantive guidelines. This was not always the case. In this Article , part one of a larger project, we revisit the critical …

The Case For Empowering Quality Shareholders, Lawrence A. Cunningham

BYU Law Review

Anyone can buy stock in a public company, but not all shareholders are equally committed to a company’s long-term success. In an increasingly fragmented financial world, shareholders’ attitudes toward the companies in which they invest vary widely, from time horizon to conviction. Faced with indexers, short-term traders, and activists, it is more important than ever for businesses to ensure that their shareholders are dedicated to their missions. Today’s companies need "quality shareholders," as Warren Buffett called those who "load up and stick around," or buy large stakes and hold for long periods.

While scholars in recent years have extensively debated …

Netflix And (Tax) Bill: Retail Sales Taxation Of Services, Grace Stephenson Nielsen

BYU Law Review

No abstract provided.

Disparate Impact Claims And Punitive Damages: Justified Abrogation Of State Sovereign Immunity, Brad Stewart

BYU Law Review

No abstract provided.

State Of Utah, Plaintiff/Appellee V. Darren C. Bluemel, Defendant/Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Thomas brunker, Asst. Att. Gen , Attorney for Plaintiff- Appellee

Darren C. Bluemel, Pro Se Defendant - Appellant

H&P Lnvestments, Homer K. Cutrubus, And Phidia Cutrubus, Appellees V. Ilux Capital Management, Llc, F0rtius Financial Advisors, Llc, Roberto G. Buchanan, And Jeff M. Bollinger, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Second Judicial District Court, Weber County, Honorable Jennifer Valencia, District Court No. 140907033

James C. Lewis Chase Kimball LEWIS HANSEN PLESHE FLANDERS LLC Attorney for Appellees

Troy L. Booher (9419) Beth E. Kennedy (13771) Dick J. Baldwin (14587) Zimmerman Booher Attorney for Appellants

Mark Christopher Tracy Dba, Emigration Canyon Home Owners Association, Petitioner / Appellant, V. Simplifi Company, Jennifer Hawkes And Eric Hawkes, Respondents/Appellees : Brief Of Appellees, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the Third District Court, Salt Lake County, Judge Robert P. Faust, Case No. 200905123

JEREMY R. COOK TIMOTHY J. BYWATER TIMOTHY E. NIELSON Cohne Kinghorn P.C. Counsel for Appellees

MARK CHRISTOPHER TRACY Pro Se Appellant

Vincent Meister, Appellant V. Salt Lake County, Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

APPEAL FROM A FINAL ORDER OF THE THIRD JUDICIAL DISTRICT COURT, SALT LAKE COUNTY, SALT LAKE CITY, STATE OF UTAH THE HON. SU CHON, CASE NO. 170907663

Jacque M. Ramos, David V. Pena, Counsel for the Appellee Salt Lake

Andrew W. Stavros, STAVROS LAW P.C., Counsel for the Appellant Vincent

Knight Adjestment Bureau, A Utah Corporation, Appellant/ Plaintiff, V. Daniel Urman Dba Darwin 360 Inc. And Darwin 360 Inc., Appellee/ Defendant : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Jay V. Barney, Attorneys for Appellant/Plaintiff Knight Adjustment Bureau

Sean N. Egan, Attorney for Appellee/Defendant

Knight Adjestment Bureau, A Utah Corporation, Appellant/ Plaintiff, V. Daniel Urman Dba Darwin 360 Inc. And Darwin 360 Inc., Appellee/ Defendant : Appellant Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Jay V. Barney, Attorneys for Appellant/Plaintiff Knight Adjustment Bureau

Sean N. Egan, Attorney for Appellee/Defendant

Knight Adjestment Bureau, A Utah Corporation, Appellant/ Plaintiff, V. Daniel Urman Dba Darwin 360 Inc. And Darwin 360 Inc., Appellee/ Defendant : Appellant Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

JAY V. BARNEY, P.C, Attorneys for Appellant/Plaintiff Knight Adjustment Bureau

JAY V. BARNEY, P.C, Attorneys for Appellant/Plaintiff Knight Adjustment Bureau

Sean N. Egan, Attorney for Appellee/Defendant

Mark Christopher Tracy Dba, Emigration Canyon Home Owners Association, Petitioner / Appellant, V. Simplifi Company, Jennifer Hawkes And Eric Hawkes, Respondents/Appellees : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from Order Granting Motion to Dismiss Petition for de novo Judicial Review of the Denied Request for Access to Governmental Records Regarding Lead Contamination of a Public Drinking Water System entered in the Third Judicial District, Salt Lake County Division, the Honorable Robert P. Faust presiding No. 200905123 JEREMY R. COOKTIM E. NIELSON Cohne Kinghorn P.C. MARK CHRISTOPHER TRACY

JEREMY R. COOK TIM E. NIELSON Cohne Kinghorn P.C. Counsel for Appellees

MARK CHRISTOPHER TRACY Pro Se Appellant

Prosecutors And Mass Incarceration, Shima Baradaran Baughman, Megan Wright

Faculty Scholarship

It has long been postulated that America’s mass incarceration phenomenon is driven by increased drug arrests, draconian sentencing, and the growth of a prison industry. Yet among the major players—legislators, judges, police, and prosecutors—one of these is shrouded in mystery. While laws on the books, judicial sentencing, and police arrests are all public and transparent, prosecutorial charging decisions are made behind closed doors with little oversight or public accountability. Indeed, without notice by commentators, during the last ten years or more, crime has fallen, and police have cut arrests accordingly, but prosecutors have actually increased the ratio of criminal court …

Book Review: Jordan Carson, American Exceptionalism As Religion: Postmodern Discontent., Lucy Williams

Faculty Scholarship

No abstract provided.

Hidden Bias In Empirical Textualism, Matthew C. Jennejohn, D. Carolina Nunez, Samuel Nelson

Faculty Scholarship

A new interpretive technique called “corpus linguistics” has exploded in use over the past five years from state supreme courts and federal courts of appeals to the U.S. Supreme Court. Corpus linguistics involves searching a large database, or corpus, of text to identify patterns in the way in which a certain term is used in context. Proponents of the method argue that it is a more “empirical” approach than referencing dictionaries to determine a word’s public meaning, which is a touchstone in originalist approaches to legal interpretation.

This Article identifies an important concern about the use of corpus linguistics in …

Christian Dignity And The Overlapping Consensus, Frederick Mark Gedicks

Faculty Scholarship

This Article rejects arguments by Christian leaders, scholars, and others who lament the secularization of the West and urge Christian dignity as the foundation of universal human rights. It argues instead that only a secular conception of dignity free of Christian metaphysics can create an overlapping consensus in support of human rights.

Part I describes the roots of Christian dignity in medieval theology and status. Part II briefly recounts how the Renaissance and Enlightenment re-centered the end of dignity from knowing God to knowing oneself, while the Reformation’s extension of original sin to the intellect left Catholicism as the primary …

Small Business Disaster Relief And Restructuring, Brook Gotberg

Faculty Scholarship

To assist small businesses in the wake of an exogenous shock, Congress should consider implementing a system of lending that models the financing provided to small business debtors in a bankruptcy proceeding. Such a system would be more targeted, effective, and fair than traditional government loans, but less stigmatizing than bankruptcy.

Holly Rebecca Rosser, Petitioner, V. Ronald Lee Rosser, Respondent. : Petitioner's Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

ON WRIT OF CERTIORARI TO THEUTAH COURT OF APPEALSNo. 20170736-CA

Appeal from a Final Judgment of the Sixth Judicial District Court in and for Garfield County, Panguitch Department The Honorable Paul D. Lyman PresidingNo. 154600013

State Of Utah, Plaintiff And Appellee, V. Keith Scott Brown, Defendant/Appellant. : Reply Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Reply Brief of Appellant

Appeal from Order Denying Motion to Reinstate Defendant’s Right to
Appeal with Commensurate Right to Effective Assistance of Counsel
Fourth Judicial District, Provo Division,
the Honorable Christine Johnson presiding

Oral Argument Requested

Defendant is Currently Incarcerated

Jacob M. Scott, Plaintiff/ Appellant, V. Wingate Wilderness Therapy, Llc, Defendant/ Appellee. : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Review of a Certified Question from theUnited States Tenth Circuit Court of Appeals, Case No. 19-4052

Jacob M. Scott, Plaintiff/ Appellant, V. Wingate Wilderness Therapy, Llc, Defendant/ Appellee. : Response Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Review of Question of Law Certified by theUnited States Court of Appeals, Tenth CircuitCase No. 19-4052

RESPONSE BRIEF OF APPELLEORAL ARGUMENT REQUESTED

Knight Adjestment Bureau, A Utah Corporation, Appellant/ Plaintiff, V. Daniel Urman Dba Darwin 360 Inc. And Darwin 360 Inc., Appellee/ Defendant : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

APPEAL FROM THE THIRD DISTRICT COURT, SALT LAKE COUNTY, SALT LAKE CITY DEPARTMENT, THE HONORABLE ELIZABETH A. HRUBY-MILLS, CASE NO. 179914006

Jay V. Barney, Attorneys for Appellant/Plaintiff Knight Adjustment Bureau

Sean N. Egan, Attorneys for Appellee/Defendant

Kelly Laws, An Individual, Petitioner Below And Appellant And Cross Appellee On Appeal, Vs. Willie Grayeyes, An Individual. : Opening Brief Of Appellee/Cross-Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

OPENING BRIEF OF APPELLEE/CROSS-APPELLANT, WILLIE GRAYEYES

Kelly Laws, Appellant/Cross-Appellee, V. Willie Grayeyes, Appellee/Cross-Appellant. : Reply Brief Of Appellant/Cross-Appelle Kelly Laws, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

REPLY BRIEF OF APPELLANT/CROSS-APPELLEEKELLY LAWS

Appeal from a Final Judgment of the Honorable Don M. Torgerson, Seventh Judicial District Court, State of Utah

Kelly Laws, Appellant/Cross-Appellee, V. Willie Grayeyes, Appellee/Cross-Appellant. : Brief Of Appellant/Cross-Appellee Kelly Laws, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

< p>Appeal from a Final Judgment of the Honorable Don M. Torgerson, Seventh Judicial District Court, State of Utah

Jacob M. Scott, Plaintiff/ Appellant, V. Wingate Wilderness Therapy, Llc, Defendant/ Appellee. : Reply Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Reply Brief of Appellant

Review of a Certified Question from the United States Tenth Circuit Court of Apeals, Case No. 19-4052

Kim Hayes And Nancy Hayes, Appellants V. Intermountain Geoenvironmental Services, Inc.: Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

the Utah Court of Appeals Damian C. Smith TechLaw Ventures, PLLC 290 W. Mayflower Way Lehi, Utah 84043 Attorney for Petitioner Cameron B. Diehl (13197) UTAH LEAGUE OF CITIES AND TOWNS 50 South 600 East, Suite 150 Salt Lake City, Utah 84102 Attorney for Amicus Curiae Anna Nelson Morgan, Minnock, Rice

Damian C. Smith TechLaw Ventures, PLLC Attorney for Petitioner

Anna Nelson Morgan, Minnock, Rice & Miner, Attorneys for Respondent Cameron B. Diehl UTAH LEAGUE OF CITIES AND TOWNS Attorney for Amicus Curiae Gary R. Crane (5054) Steven L. Garside ( 4323) J. Mason Kjar (14227) LAYTON CITY ATTORNEY Attorney …

West Valley City, Appellee/Plaintiff, V. Carl Begnaud, Appellant/Defendant., Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

APPEAL FROM CONVICTION AND JUDGMENT IN THE THIRD DISTRICT COURT, SALT LAKE COUNTY

Staci Visser, Bar No. 14358, Intermountain Legal, Counsel for Carl Begnaud

Corey D. Sherwin, Bar No 14316, West Valley City Prosecutor's Office, Counsel for West Valley City