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Misty Hitesman, Plaintiff/ Appellant V. The University Of Utah, Defendant/ Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from a grant of Summary Judgment to the University of Utah, In the Third Judicial District Court, Salt Lake County, the Honorable Mark Kouris, presiding. PUBLIC

Mary J. Woodhead Attorney (5518) Counsel for Appellant

Cliff Petersen Jaqualin Friend Peterson Assistant Attorney General Counsel for Appellee

State Of Utah, Appellee V. Udell Mikkelsen, Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from a probation-revocation order imposing sentence for unlawful acquisition, possession, or transfer of a financial­ transaction card, in the Seventh Judicial District, Emery County, the Honorable George M. Harmond presiding

K. ANDREW FITZGERALD, Counsel for Appellant

JONATHAN S. BAUER, SEAN D. REYES, WILLIAM B. LANGSTON, Counsel for Appellee •

The State Of Utah, Plaintiff/ Appellee V. Dylan James Kitzmiller, Defendant Appellant. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from convictions for two counts of child abuse, second-degree felonies, in the Third Judicial District, Salt Lake County, the Honorable William K. Kendall presiding

WENDY M. BROWN, Counsel for Appellant

WILLIAM M. HAINS, SEAN D. REYES, KIMBERLY CRANDALL, SAMUEL P. SUTTON, Counsel for Appellee

Hannah Vanlaningham Plaintiff/ Appellant V. Dr. Ryan Hart, Dds And, Hart Dental, Llc : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Interlocutory Appeal from the Fourth District Court, Utah County, Order of the Honorable Kraig Powell, Case No. I 80400540

David 0. Black Attorney for Petitioner/ Appellant

Terence L. Rooney Attorney for Defendant/ Appellee

Margie Stevens And Ron Stevens, Appellants V. Seven Peaks Waterpark Slc, Inc., D.B.A. Seven Peaks Place, Salt Lake City, L.C., Including Its Employees And Agents; And Does I-Ix, Appellees : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Third Judicial District Court, Salt Lake Division, Honorable William K. Kendall, District Court No. 1700904217

Joann Shields, Attorneys for Defendant/Appellee

Sara Pfrommer, Ron D. Wilkinson, Attorneys for Plaintiffs/Appellants

Sara Ward, Appellant V. Meredith Mcgarry, Appellee : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Third Judicial District Court, Salt Lake County, Commissioner Joana Sagers and Judge Richard McKelvie, District Court No. 134901200

Angilee K. Dakic (12722), Pearson Butler, LLC, Attorney for Appellant

Martin N. Olsen, Olsen & Olsen, LLC, Attorney for Appellee

Margie Stevens And Ron Stevens, Appellants V. Seven Peaks Waterpark Slc, Inc., D.B.A. Seven Peaks Place, Salt Lake City, L.C., Including Its Employees And Agents; And Does I-Ix, Appellees, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Third Judicial District Court, Salt Lake Division, Honorable William K. Kendall, District Court No. 1700904217

Joann Shields (4664), SHIELDS LAW FIRM, P .C., Attorneys for Defendant/Appellee Seven Peaks Waterpark SLC, Inc.

Sara Pfrommer (9366), LAW OFFICES OF SARA PFROMMER, Ron D. Wilkinson (5558), HERITAGE LAW OFFICES, Attorneys for Plaintiffs/Appellants Margie and Ron Stevens

Sara Ward, Appellant V. Meredith Mcgarry, Appellee : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Third Judicial District Court, Salt Lake County, Commissioner Joana Sagers and Judge Richard McKelvie, District Court No.134901200

Angilee K. Dakic, Attorney for Appellant

Martin N. Olsen, Attorney for Appellee

Richard E. Gardiner Plaintiff/Appellant V. Nels Anderson Defendant/Appellee : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the District Court Of The Fourth Judicial District Of The State Of Utah, In And For The County Of Millard

Marlin J. Grant (#4581), Attorney for Appellee

Todd F. Anderson (#12432), Attorney for Appellant

John Duran Petitioner-Appellant V. Utah Department Of Public Safety, Jess L. Anderson, Bureau Of Criminal Identification, And Lauralee Blue, Respondents-Appellees : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from a final judgment of the Third Judicial District Court, Civil Case No. 220906743, Judge Teresa Welch presiding

Steve Geary, Richard Jorgensen, Sean D. Reyes, Counsel for Respondents-Appellees Utah Department of Public Safety, Jess L. Anderson, Commissioner, Bureau of Criminal Identification, and Lauralee Blue

State Of Utah, Plaintiff/ Appellee V. Joseph Moore, Defendant/ Appellant : Brief Of Appellee, 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. 181900315

CHRISTOPHER BALLARD Assistant Solicitor General SEAN REYES Utah Attorney General Counsel for Appellee

CHERISE BACALSKI (15084) EMILY ADAMS (14937) The Appellate Group Counsel for Appellant

Forward: State Enforcement In An Interstate World, Margaret H. Lemos

BYU Law Review

“State Enforcement in an Interstate World” is an important topic—fully deserving of all the attention it has received. Past commentators on this topic have generally treated the federal government as a unitary entity. Building on prior work on the subject, this Article explores the polycentric nature of federal regulatory authority and shows how cooperation and rivalry have long been dominant realities of the modern administrative state. The Article discusses how these dynamics complicate analysis of state enforcement in an interstate world and identifies strategies for reducing the frequency and magnitude of the seemingly inevitable conflicts.

State Enforcement In A Polycentric World, David A. Hyman, William E. Kovacic

BYU Law Review

No abstract provided.

Class Actions, Jurisdiction, And Principle In Doctrinal Design, David Marcus, Will Ostrander

BYU Law Review

No abstract provided.

Caught By The Cat’S Paw, Sandra F. Sperino

BYU Law Review

Federal employment discrimination law is enamored with court-created doctrines with catchy names. A fairly recent addition to the canon is the concept of the “cat’s paw,” formally recognized by the U.S. Supreme Court in Staub v. Proctor Hospital. With its name … drawn from a fable, the concept of cat’s paw has taken ground quickly, discussed in hundreds of cases.

The Supreme Court recognized the cat’s paw theory in a case where a hospital fired a worker. The person who made the ultimate decision did not have impermissible bias. However, her decision was influenced by information from two supervisors who …

The California Coastal Commission’S Efforts To Provide Affordable Overnight Accommodations By Preempting Cities’ Constitutional Police Power, Taylor Smith

BYU Law Review

No abstract provided.

Corpus Linguistics And Gun Control: Why Heller Is Wrong, Kyra Babcock Woods

BYU Law Review

No abstract provided.

It’S Whose Party? Accurately Defining Political Parties In First Amendment Cases, Makade Claypool

BYU Law Review

No abstract provided.

Freight Tec Management Group, Inc. A Utah Corporation, Appellee V. Chemex, Inc., A Pennsylvania, Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

APPEAL FROM JUDGMENT AND ORDERS AGAINST CHEMEX, INC. ENTERED BY JUDGE DAVID J. WILLIAMS UTAH SECOND DISTRICT COURT FOR DAVIS COUNTY

Brennan H. Moss ARMSTRONG TEASDALE LLP Attorneys for Appellant

Stevan R. Baxter Chase B. Ames SKOUBYE NIELSON & JOHANSEN, LLC Attorneys for Appellee

Macy's Southtowne Center; Appellants/Petitioner V. Labor Commission And Diahann T. Jensen : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the Utah Labor Commission's Order Denying Request for Reconsideration, entered on March 27, 2020

Christopher C. Hill, Attorney for Appellee Utah Labor, Loren M . Lambert, Attorney for Appellee Diahann T. Jensen

Theodore E. Kanell, Daniel E. Young, Attorneys for Appellant Macy's Southtowne Center

Arlingto Management As Socia Tes, Inc., A Utah, Plaintiff/ Appellant V. Urology Clinic Of Utah Valley, Llc, A Utah Limited Liability Company., Defendant/ Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

APPEAL FROM AN ORDER OF THE FOURTH DISTRICT COURT, UTAH COUNTY, DISTRICT JUDGE THOMAS L. LOW

Rodney R. Parker (4110) SNOW, CHRISTENSEN & MARTINEAU Todd E. Zenger (5238) DUREN IP Attorneys for Appellee

R. Stephen Marshall (2097) Kevin M. Paulsen (15219) MARSHALL OLSON & HULL, P.C. Attorneys for Appellant

State Of Utah, Plaintiff/Appellee Vs. Alex Christopher Mendoza, Sr. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

APPEAL FROM A JUDGMENT SENTENCE AND CONVICTION OF, OBSTRUCTING JUSTICE, UTAH CODE ANN. § 76-8.-3,06(1), A CLASS A MISDEMEANOR IN THE THIRD JUDICIAL DISTRICT COURT

UTAH ATTORNEY GENERAL Counsel for Appellee

HERSCHEL BULLEN Attorney at Law Counsel for Appellant

Copyright’S Memory Hole, Eric Goldman, Jessica Silbey

BYU Law Review

There is growing interest in using copyright to protect the privacy and reputation of people depicted in copyrighted works. This pressure is driven by heightened concerns about privacy and reputation on the Internet, plus copyright’s plaintiff-favorable attributes compared to traditional privacy and reputation torts.

The Constitution authorizes copyright law because its exclusive rights benefit society by increasing our knowledge. But copyright law is being misdeployed by suppressing socially valuable works in a counterproductive attempt to advance privacy and reputation interests. This results in “memory holes” in society’s knowledge, analogous to those discussed in George Orwell’s dystopian novel 1984.

This Article …

Susan Watson, Appellant V. Labor Commission, Horizon Home Health,, Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

CHAD P. CURTIS, Attorney for Appellee, Christopher C. Hill

Loren M. Lambert, No. 5101, Attorney for Appellant

Communications, Inc. Petitioners V. The Ut Ah Procurement Policy Board, Jared Gardener, Chair, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal of the Utah Procurement Policy Board's Notice of Appeal Dismissal

Brent Burnett, Attorneys for State Respondents, Tera J. Peterson, Attorneys for Global Tel*Link Corp.

James W. Anderson (#9829), Taymour B. Semnani (#14882), Attorneys for Petitioners

State Of Utah, Plaintiff/ Appellee V. Bakar Mberwa, Defendant/ Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

appeal from the Third Judicial District Court, Salt Lake County, Honorable Adam Mow, District Court No. 181902130

Sean Reyes, Counsel for Plaintiff/ Appellee

Emily Adams, Freyja Johnson, Cherise Bacalski, Counsel for Defendant/ Appellant

State Of Utah, Plaintiff/ Appellee V. Bakarmberwa, Defendant/ Appellant: Appellant Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Third Judicial District Court, Salt Lake County, Honorable Adam Mow, District Court No. 181902130

Sean Reyes, Counsel for Plaintiff/ Appellee

Emily Adams, Freyja Johnson, Cherise Bacalski, Counsel for Defendant/ Appellant

State Of Utah, Plaintiff/ Appellee V. Bakar Mberwa, Defendant/ Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

appeal from the Third Judicial District Court, Salt Lake County, Honorable Adam Mow, District Court No. 181902130

Sean Reyes, Counsel for Plaintiff/ Appellee

Emily Adams, Freyja Johnson, Cherise Bacalski, Counsel for Defendant/ Appellant •

Cathleen Loyens, Appellant/Petitioner, V. David Loyens, Trial Court : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Asa Kelly, Esq., Counsel for Appellant

David Loyens, Appellee Pro Se

Wasatch Valley Pizza, Llc, Plaintiff/ Appellant V. Wilson Properties & Associates L.C., Smoot : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

APPEAL FROM THE SECOND JUDICIAL DISTRICT, DA VIS COUNTY, HONORABLE MICHAEL S. EDWARDS, DISTRICT COURT JUDGE

Jonathan 0. Hafen, James L. Ahlstrom, Erin H. St. John, Attorneys for Defendant/Appellee

David W. Tufts, David L. Arrington, J. Tayler Fox, Madeline Aller, Attorneys for Plaintiff/Appellant