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

Utah Court of Appeals Briefs (2020 –)

On appeal from a judgment of conviction for attempted aggravated assault, a third degree felony, entered in the Third District Court, the Honorable Elizabeth Hruby-Mills presiding.

Thomas Brunker, UTAH ATTORNEY GENERAL'S OFFICE, Attorneys for the Appellee

John Robinson Jr., DEISSLAWPC, Attorneys for the Appellant

David Scott Ipsen, Plaintiff/ Appellant V. Diamond Tree Experts, Inc., A Utah, Defendant/ Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

On Writ of Certiorari to the Utah Court of Appeals Appeal from the Third District Court, Salt Lake County, Utah District Court Case No. 162900039, The Honorable Robert Faust Presiding Utah Court of Appeals No. 20171038-CA

Julie J. Nelson (9943), Alexandra Mareschal ( 16097), ZIMMERMAN BOOHER Lisa B. Lokken (6600),LOKKEN & ASSOCIATES, P.C, Attorney for Appellant CS.

Jessica S. Couser, #13050, JUST LAW, LLC, Attorney for Appellees/Petitioners, Benjamin K. Lusty, #12159, RENCHER ANJEWIERDEN, PLLC, Co-Counsel for Appellees/Petitioners

Office Of Professional Conduct, Appellee, V. Travis L. Bowen, Appellant., Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

On appeal from the Third Judicial District Court, Salt Lake County, Honorable Royal I. Hansen, District Court No. 150907128

The State Of Utah, Plaintiff/ Appellee V. Ayayi Aziakanou, Defendant/ Appellant : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from a judgment of conviction for Distribute/ Offer/ Arrange Distribution of a Controlled Substance, a Third Degree Felony, in violation of Utah Code §58- 37-8 (1)(a)(ii) in the Third Judicial District, in and for Salt Lake County, State of Utah, the Honorable Paul Parker, presiding SEAN D.

SEAN D. REYES, Attorney for Appellee

DEBRA M. NELSON, MCCAYE CHRISTENSON, DAVID P.S. MACK, Attorneys for Appellant

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

Utah Supreme Court Briefs (2000–2020)

On appeal from the Utah Court of Appeals

Damian C. Smith TechLaw Ventures, PLLC Lehi, Utah 84043 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 for Amicus Curiae Paul D. Dodd WEST JORDAN CITY Attorney for Amicus Curiae

The State Of Utah, Plaintiff/ Appellee V. Alberto Herrera, Defendant/ Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

An appeal from a judgment of conviction of Driving with a Measurable Controlled Substance and Causing Death or Serious Bodily Injury, a second degree felony, in violation of Utah Code § 58-37-8(2)(g), (2)(h)(i); in violation of Utah Code § 76-8-507(2), in the Third District Court, Salt Lake County, Utah, the Honorable Elizabeth Hruby-Mills presiding.

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

NATHALIE S. SKIBINE (14320), ELISE LOCKWOOD (12214), NICK FALCONE (10931), Salt Lake Legal Defender Assoc., Attorneys for Appellant

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

SEAN REYES (7969) Utah Attorney General Counsel for Appellee

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

Autonomy And Precautions In The Law Of Armed Conflict, Eric Talbot Jensen

Faculty Scholarship

Already a controversial topic, legal debate and broader discussions concerning the amount of human control required in the employment of autonomous weapons—including autonomous cyber capabilities—continues. These discussions, particularly those taking place among States that are Parties to the 1980 Certain Conventional Weapons Convention, reveal a complete lack of consensus on the requirement of human control and serve to distract from the more important question with respect to autonomy in armed conflict: under what conditions could autonomous weapons “select” and “attack” targets in a manner that complies with the law of armed conflict (LOAC).

This article analyzes the specific LOAC rules …

Stuart Wood And Laurie Wood, Petitioners And Appellants V. United Parcel Service, Inc., A Delaware Corporation : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

REPLY TO APPELLEE RESPONSE TO APPEAL ON GRANT OF PETITION FOR REVIEW OF APPELLATE COURT DECISION

Andrew M Morse #4498 , Nathan R. Skeen # 12662 , Attorneys for Appellee

Douglas B. Cannon #4287, Madelyn L. Blanchard # 16403, Craig T. Jacobsen, #5492, Attorneys for Appellants

Stuart Wood And Laurie Wood, Petitioners And Appellants V. United Parcel Service, Inc., A Delaware Corporation : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

APPEAL ON GRANT OF PETITION FOR REVIEW OF APPELLATE COURT DECISION

Andrew M Morse #4498, Nathan R. Skeen #12662, Attorneys for Appellee

Douglas B. Cannon #4287, Madelyn L. Blanchard #16403, Craig T. Jacobsen, #5492, Attorneys for Appellants

Blasting Reproach And All-Pervading Light: Frederick Douglass’S Aspirational American Exceptionalism, Lucy Williams

Faculty Scholarship

Some scholars critique American exceptionalism as a proud, uncritical orientation. In this article, however, I argue that Frederick Douglass, an outspoken social critic, qualifies as an American exceptionalist thinker. I first identify and theorize two modes of exceptionalist rhetoric: accomplished exceptionalism, which is self-celebratory and largely uncritical, and aspirational exceptionalism, which is self-critical and reflective. I then provide a close reading of “What to the Slave Is the Fourth of July” to show how Douglass employs aspirational rhetorical techniques. Finally, I discuss the benefits of reading Douglass as an exceptionalist thinker and suggest that his aspirational rhetoric activates reflective and …

Is Transformative Use Eating The World?, Clark Asay, Arielle Sloan, Dean Sobczak

Faculty Scholarship

Fair use is copyright law’s most important defense to claims of copyright infringement. This defense allows courts to relax copyright law’s application when courts believe doing so will promote creativity more than harm it. As the U.S. Supreme Court has said, without the fair use defense, copyright law would often “stifle the very creativity [it] is designed to foster.” In today’s world, whether use of a copyrighted work is “transformative” has become a central question within the fair use test. The Supreme Court first endorsed the transformative use term in its 1994 Campbell v. Acuff-Rose Music, Inc. decision. Since then, …

Transformation Cost Engineering, Matthew Jennejohn

Faculty Scholarship

Transactions in the market for corporate control are not fully standardized but rather exhibit a material amount of variation. This paper explores a possible structural explanation: That the complexity of merger and acquisition (M&A) agreements makes them susceptible to multiple sources of path dependency, which introduce tensions that unsettle incentives toward uniform standardization. Using natural language processing techniques and standard regression analysis, the article presents preliminary evidence indicating that the level of standardization of various M&A agreement provisions correlates differently with multiple sources of path dependency, lending support to the hypothesis that endogenous structural factors limit the standardization of M&A …

Big Brother, Othello, And Dogs That Don't Bark: The Use Of Literary Allusion In Federal Appellate Opinions, Kristin B. Gerdy

Faculty Scholarship

Unlike a fish, in the words of Justice Elena Kagan, a literary5 allusion is not “a discrete thing that possesses physical form”6 distinguishable from other expressive devices. Instead, literary allusions can take many forms, be used for many purposes, and have various effects on the reading audience. If the most basic form of a fish is the common goldfish in a bowl, then the most basic judicial literary allusion is a reference to a well-known story in a judicial opinion that is used to make a comparison in a reader’s mind. But just as there are many types of fish …

World Peace And Gender Equality: Addressing Un Security Council Resolution 1325’S Weaknesses, Eric Talbot Jensen, Elizabeth Griffiths, Sara Jarman

Faculty Scholarship

The year 2020 marks the twentieth anniversary of the passage of United Nations Security Council Resolution (“UNSCR”) 1325, the most important moment in the United Nations’ efforts to achieve world peace through gender equality. Over the past several decades, the international community has strengthened its focus on gender, including the relationship between gender and international peace and security. National governments and the United Nations have taken historic steps to elevate the role of women in governance and peacebuilding. The passage of UNSCR 1325 in 2000 foreshadowed what many hoped would be a transformational shift in international law and politics.

However, …

The Freedom Of Speech-Conduct, John Fee

Faculty Scholarship

Part I sets up the fundamental tension between the Supreme Court's celebrated line of decisions recognizing expressive conduct as speech and its reasons for refusing to recognize all forms of communicative behavior as speech, showing that both sets of motivating concerns are valid (even if misunderstood). Part II explores the traditional method of resolving this tension by measuring the expressiveness individual behavior, concluding that none of the various tests and criteria the Court has used can sensibly reconcile the competing concerns of Part I. Parts III, IV, and V propose and develop an alternative state-action-based approach for assigning levels of …

Melinda Watson, Petitioner/Appellant, V. Michael Watson, Respondent/Appellee : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLEE

Appeal from Final Order of Dismissal of a Protective Order entered by Judge Michael S.
Edwards of the Second District Court

ORAL ARGUMENT REQUESTED

Macaela Danyele Day, Appellee, V. Tyler Barnes, Appellant : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

APPELLANT'S REPLY BRIEF

APPEAL FROM FINAL ORDER REGARDING RELOCATION

THE HONORABLE DAVID M. CONNORS PRESIDING
ORAL ARGUMENT AND PUBLISHED OPINION REQUESTED

Melinda Watson, Petitioner/Appellant, V. Michael Watson, Respondent/Appellee. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLEE

Appeal from Final Order of Dismissal of a Protective Order entered by Judge Michael S.
Edwards of the Second District Court

ORAL ARGUMENT REQUESTED

Melinda Watson, Appellee, Vs. Michael Watson, Appellant. : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

APPELLANT'S REPLY BRIEF

THE HONORABLE DAVID M. CONNORS PRESIDING
ORAL ARGUMENT AND PUBLISHED OPINION REQUESTED

Melinda Watson, Appellant, V. Michael Watson, Appellee : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

APPELLANT'S PRINCIPAL BRIEF

APPEAL FROM FINAL ORDER REGARDING
DISMISSAL OF A PROTECTIVE ORDER
THE HONORABLE MICHAEL S. EDWARDS PRESIDING

Macaela Day, Petitioner/Appellant, V. Tyler Barnes, Respondent/Appellee : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLEE

Appeal from the Second Judicial District Court, Davis County, from a final order
denying a change in physical custody through a motion to relocate before the
Honorable David M. Connors, District Court No. 134700668

Oral Argument Requested
Non-Public Opinion Requested

State Of Utah, Plaintiff And Appellee, V. Gilberto Martinez, Defendant/Appellant. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

An Appeal from a Judgment and Criminal Convictions for Two Counts of
Sodomy on a Child (First Degree Felonies), Entered by the Fourth District
Court, Utah County, Before the Honorable Darold McDade

Oral Argument Requested

Safe Home Control, Inc., Petitioner/Appellant V. Jared Munday, Respondent/Appellee. : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

REPLY BRIEF OF THE APPELLANT

Appeal from the Fourth Judicial District Court, Utah County,
Honorable Christine Johnson, District Court No. 160400579

Davis County, Petitioner/Plaintiff, V. Purdue Pharma, L.P., Et Al., Respondents/Defendants : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

BRIEF OF PETITIONER

Interlocutory appeal from an order of the Honorable David M. Connors
in the Second Judicial District Court

Larry Boynton, Appellee/Cross-Appellant, V. Kennecott Utah Copper Llc, Appellant/Cross-Appellee, Phillips 66 Company, Conocophillips Company, Pacificorp, Cross-Appellees : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

BRIEF OF APPELLEE AND CROSS-APPELLANT

On appeal from the Third Judicial District Court, Salt Lake County,
Honorable Randall N. Skanchy, District Court No. 160902693

Larry Boynton, Individual And On Behalf Of The Heirs Of Barbara Boynton, Plaintiff/Appellee, V. Kennecott Utah Copper, Llc, Defendant/Appellant : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

BRIEF OF THE APPELLANT

(Appeal from the Third District Court
Salt Lake County, Civil No. 160902693,
Judge Randall N. Skanchy)

Larry Boynton, Individual And On Behalf Of The Heirs Of Barbara Boynton, Plaintiff/Appellee, V. Kennecott Utah Copper, Llc, Defendant/Appellant. : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

REPLY BRIEF OF THE APPELLANT AND
CROSS-APPELLEE KENNECOTT UTAH COPPER, LLC

(Appeal from the Third District Court
Salt Lake County, Civil No. 160902693,
Judge Randall N. Skanchy)

Davis County, Petitioner/Plaintiff, Vs. Johnson & Johnson; Janssen Pharmaceuticals, Inc, Respondents/Defendants. : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

REPLY BRIEF OF PETITIONER

Interlocutory appeal from an order of the Honorable David M. Connors
in the Second Judicial District Court

Al-In Partners, Llc, A Texas Limited Liability Company, And Bradley Dixon, An Individual, Plaintiffs/Appellees, V. Lifevantage Corporation, A Colorado Corporation Defendant/Appellant. : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

BRIEF OF APPELLANT

ON APPEAL FROM THE THIRD JUDICIAL DISTRICT COURT
FOR SALT LAKE COUNTY, STATE OF UTAH
Trial Court Case No. 170907711
Honorable Andrew H. Stone