Digital Commons Network^™

Christian Lawyers In The Public Interest And Outside The Political Right, Jennifer Lee Koh

BYU Law Review

This Article provides an empirically based portrait of a population that is typically hidden from the public eye and has received scant attention in legal scholarship: Christian lawyers who engage in public interest work that falls outside the political right. Throughout the legal profession, lawyers who treat their Christian faith as a component of their professional identity and who actively endorse a politically conservative worldview are visible and active. With such lawyers’ increased prominence, growing political polarization, and reports of shifting levels of religiosity in the United States, the prospect of Christianity being perceived as synonymous with political conservatism seems …

Aslan Lomsandize V. Mekhti Musayev, Defendants/Appellants. Appellate No. 20231113 : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Honorable Failed To Disqualify

Mr. Aslan Lomsandize, Appellee

DAVID DRAKE, USB # 0911 DAVID DRAKE, P.C Attorneys for Appellant Mekhti Musayev

Taylor Lajeunesse, Petitioners/Appellants V. City Of Cottonwood Heights, City Of Holladay, Respondents/Appellees : Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2021– )

On appeal from the Third Judicial District Court, Salt Lake County, Honorable Robert P. Faust, District Court No. 230902854

Andrew Deiss (7184) John Robinson Jr. (15247) David Ferguson (16043) DEISS LAW, P.C. Attorneys for Appellant

Matthew D. Church (15574) Kendra M. Brown (16409) MANNING CURTIS BRADSHAW & BEDNAR PLLC Attorneys for Appellees

Garrity Immunity And The U.S. Armed Forces, Bretton H. Laudeman, Gabriel J. Chin

BYU Law Review

The U.S. military is one of the nation’s largest and most important public employers. Given the unique nature of military service, the service branches have a strong interest in ensuring the integrity of their ranks. Yet the military lacks a critical force-management tool used by every other public employer to investigate workplace misconduct: the ability to demand answers to potentially incriminating questions under Garrity v. New Jersey, 385 U.S. 493 (1967). The Garrity solution, known as “Garrity immunity,” strikes a critical balance between the government’s interests in workplace oversight and accountability with the employee’s Fifth Amendment right against self-incrimination by …

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

Private Sanctions, Public Harm?, Jon J. Lee

BYU Law Review

The legal profession has a secret. In response to widespread public distrust in the profession’s ability to regulate itself, disciplinary authorities have undertaken modest efforts over the last several decades to make their activities more transparent. They have opened up their formal proceedings, publicized the identities of sanctioned attorneys, and shared information about their work online. But at the same time, most have quietly continued to resolve cases of ostensibly “minor” and “isolated” misconduct through private sanctions, keeping the identities of disciplined attorneys – and their misconduct – hidden from view.

This Article takes a comprehensive look at private sanctions …

Gender And The Social Structure Of Exclusion In U.S. Corporate Law, Matthew C. Jennejohn, Afra Afsharipour

Faculty Scholarship

Law develops through collective effort. A single judge may write a judicial opinion, but only after an (often large) group of lawyers choose litigation strategies, craft arguments, and present their positions. Despite their important role in the legal process, these networks of lawyers are almost uniformly overlooked in legal scholarship—a black box in a discipline otherwise obsessed with institutional detail.

This Article focuses upon a particularly crucial way that the structure of professional networks may shape the path of the law. Prior qualitative research suggests that networks are a crucial source of information, mentoring, and opportunity, and that those social …

Abolishing The Evidence-Based Paradigm, Erin Collins

BYU Law Review

The belief that policies and procedures should be data-driven and “evidence-based” has become criminal law’s leading paradigm for reform. This evidence-based paradigm, which promotes quantitative data collection and empirical analysis to shape and assess reforms, has been widely embraced for its potential to cure the emotional and political pathologies that led to mass incarceration. It has influenced reforms across the criminal procedure spectrum, from predictive policing through actuarial sentencing. The paradigm’s appeal is clear: it promises an objective approach that lets data – not politics – lead the way and purports to have no agenda beyond identifying effective, efficient reforms. …

Discrimination Because Of Sex[Ual Orientation And Gender Identity]: The Necessity Of The Equality Act In The Wake Of Bostock V. Clayton County, Rachel Eric Johnson

BYU Law Review

No abstract provided.

Utah Marriage And Divorce Laws, Kory Staheli, Stephen Elmo Averett

BYU Law Library Publications

A summary of current Utah domestic relations law, updated annually. Selected sample filing documents and links to current legal forms are included in the Appendix.

The Byu Advocate, J. Reuben Clark Law School

The BYU Advocate (& Annual Reports)

"… I am inspired with a sense of hope and gratitude. We will continue to experience adversity and to face obstacles—socially, personally, and politically—that may at times seem intractable. But judging by the successes of our past and seeing in our students a glimpse of our future, I am confident that BYU Law and the BYU Law community will continue to flourish in adversity." – D. Gordon Smith

Contractual Evolution, Matthew C. Jennejohn, Eric Talley

Faculty Scholarship

Conventional wisdom portrays contracts as static distillations of parties’ shared intent at some discrete point in time. In reality, however, contract terms evolve in response to their environments, including new laws, legal interpretations, and economic shocks. While several legal scholars have offered stylized accounts of this evolutionary process, we still lack a coherent, general theory that broadly captures the dynamics of real-world contracting practice. This paper advances such a theory, in which the evolution of contract terms is a byproduct of several key features, including efficiency concerns, information, and sequential learning by attorneys who negotiate several deals over time. Each …

Innovation In A Time Of Crisis: The Utah Supreme Court's Order On Emergency Diploma Privilege, Catherine Bramble

Faculty Scholarship

This article discusses the Utah Supreme Court's order on emergency diploma privilege during the COVID-19 pandemic.

Clark Memorandum: Fall 2021, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society

The Clark Memorandum

• Truth, Civility, and Advocacy
• Cultivating a Deeper Faith in Jesus Christ
• Can Religion Be a Healing Force in Society?
• Navigating Life’s Uncertainties

Read on Issuu

The Byu Advocate, J. Reuben Clark Law School

The BYU Advocate (& Annual Reports)

"BYU Law recognizes the inherent dignity and equality of each individual and welcomes people from the full range of human experience. We are committed to the teachings of Jesus Christ and honor His many roles, including healer, peacemaker, mediator, counselor, advocate, lawgiver, and judge. In striving to emulate His example, we seek to be and develop people of integrity who combine faith and intellect in lifelong service to God and neighbor." – new Mission Statement

Clark Memorandum: Spring 2021, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society

The Clark Memorandum

• Rooting Out Racism
• How Do We Practice Our Religion While We Practice?
• Hope in Hardship
• The Unity Paradox

Read on Issuu

The Costs Of Separation: Incarcerated Mothers And The Socioeconomic Benefits Of Community-Based Alternatives For Nonviolent Offenders, Rahgan Jensen

Brigham Young University Journal of Public Law

No abstract provided.

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

BYU Law Review

No abstract provided.

The Byu Advocate, J. Reuben Clark Law School

The BYU Advocate (& Annual Reports)

"One of the roles of lawyers is to facilitate compromises among those who do not share a common vision for our society and to embed those compromises in laws and institutions." – D. Gordon Smith

State Of Utah, Plaintiff/ Appellee V. Jerry Duncan Nilsson Jr, Defendant/ Appellant. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from a conviction for retaliation against a witness, victim, or informant, a third-degree felony, in the Fourth Judicial District, Utah County, the Honorable Roger W. Griffin presiding

AARON P. DODD, KARA H. NORTH, Fillmore Spencer LLC, Counsel for Appellant

JONATHAN S. BAUER, Assistant Solicitor General, SEAN D. REYES, Utah Attorney General, RYAN B. McBRIDE, POPONATUI M. SITAKE, Counsel for Appellee

State Of Utah, Plaintiff/ Appellee V. Jerry Duncan Nilsson Jr, Defendant/ Appellant. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from a conviction for retaliation against a witness, victim, or informant, a third-degree felony, in the Fourth Judicial District, Utah County, the Honorable Roger W. Griffin presiding

AARON P. DODD, KARA H. NORTH, Fillmore Spencer LLC, Counsel for Appellant

JONATHAN S. BAUER, Assistant Solicitor General, SEAN D. REYES, Utah Attorney General, RYAN B. McBRIDE, POPONATUI M. SITAKE, Counsel for Appellee

Blockchain & Smart Contract Technology: Alternative Incentives For Legal Contract Innovation, Erika J. Nash

BYU Law Review

No abstract provided.

School To Students: Post That, And You Won't Play, Ashley Waddoups

BYU Law Review

No abstract provided.

Jeremy Kirk, Appellant/ Plaintiff V. Mark Anderson, Md, Individually, Broadspire Services, Inc, Appellee/Defendant : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

APPEAL FROM THE THIRD JUDICIAL DISTRICT COURT FOR SALT LAKE, STATE OF UTAH HONORABLE BARRY LAWRENCE

MICHAEL J. MILLER KATHLEEN ABKE STRONG AND HANNI Counsel for Mark Anderson FORD G. SCALLEY BRADLEY W. MADSEN SCALLEY READING Counsel for Broadspire Services Inc

LEONARD E. MCGEE PETER R. MIFFLIN ROBERT J. DEBRY Counsel for Jeremy Kirk

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

Cyber Pillage, Christopher Greulich, Eric Talbot Jensen

Faculty Scholarship

Despite its historically narrow application under International law, in today’s digital age, usage of the term “pillage” has expanded to include the theft of intellectual property carried out by cyber means. The modern usage notwithstanding, it appears the law of armed conflict still limits liability for pillage to the non-consensual takings of public or private property by members of armed forces and affiliated non-state actors during armed conflict for private or personal use. This article applies the historical perspective to modern cyber activities, including those on and off the battlefield, and clarifies that while many activities do not rise to …

In Re: Mary Doe And Jane Doe, Petitioners. : Amicus Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

BRIEF IN SUPPORT OF PETITIONERS BY LATINOJUSTICE AMICI

In Re: Mary Doe And Jane Doe, Petitioners. : Amicus Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

BRIEF OF AMICUS CURIAE UNIVERSITY OF UTAH,
S.J. QUINNEY COLLEGE OF LAW IN SUPPORT OF PETITIONERS

In The Matter Of The Discipline Of: Travis L. Bowen #397 Respondent/Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Brief of Appellee

Ice Castle Retirement Fund L.L.C., Appellee, V. Anderson Geneva, Llc; Mlh Investments, Llc; Gerald D. Anderson; And Michael L. Hutchings, Appellants., Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

On appeal from the Third Judicial District Court, Salt Lake County, Honorable Paul B. Parker, District Court No. 170900743