Digital Commons Network^™

Human Dignity Has No Borders: Respecting The Rights Of “People On The Move” And The Rights And Religious Freedom Of Those Who Aid Them, Christine M. Venter

BYU Law Review

No abstract provided.

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.

Safety Net Or Trap? A Policy-Oriented Analysis Of The Public Sex Offender Registry As Compelled Speech, Ann Weigly Deam

Brigham Young University Journal of Public Law

No abstract provided.

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

Crime And The Mythology Of Police, Shima Baradaran Baughman

Faculty Scholarship

The legal policing literature has espoused one theory of policing after another in an effort to address the frayed relationship between police and the communities they serve. All have aimed to diagnose chronic policing problems in working towards structural police reform. The core principles emanating from these theoretical critiques is that the mistrust of police among communities of color results from maltreatment, illegitimacy and marginalization from the law and its enforcers. Remedies have included police training to encourage treating people with dignity, investing in body cameras and other technology, providing legal avenues to encourage constitutional action by police, and creating …

A Constitutional Right To A Functioning United States Government? Are Government Shutdowns Unconstitutional?, Allen Shoenberger

Brigham Young University Journal of Public Law

No abstract provided.

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

Utah Court of Appeals Briefs (2020 –)

ON APPEAL FROM ORDER ON ORDER TO SHOW CAUSE/COMMITMENT ENTERED ON MAY 9, 2019, BY THE HONORABLE GEORGE M. HARMOND OF THE SEVENTH JUDICIAL DISTRICT COURT - CASTLE DALE, IN AND FOR EMERY COUNTY, STATE OF UTAH

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

Utah Court of Appeals Briefs (2020 –)

ON APPEAL FROM ORDER ON ORDER TO SHOW CAUSE/COMMITMENT ENTERED ON MAY 9, 2019, BY THE HONORABLE GEORGE M. HARMOND OF THE SEVENTH JUDICIAL DISTRICT COURT - CASTLE DALE, IN AND FOR EMERY COUNTY, STATE OF UTAH

K. ANDREW FITZGERALD, #8944

With An Even Hand: The Call For Pakistan’S Executive Task Force For Religious Tolerance, J. Clifford Wallace

BYU Law Review

No abstract provided.

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 •

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

“My Computer Is My Castle”: New Privacy Frameworks To Regulate Police Hacking, Ivan Škorvánek, Bert-Jaap Koops, Bryce Clayton Newell, Andrew Roberts

BYU Law Review

Several countries have recently introduced laws allowing the police to hack into suspects’ computers. Legislators recognize that police hacking is highly intrusive to personal privacy but consider it justified by the increased use of encryption and mobile computing—both of which challenge traditional investigative methods. Police hacking also exemplifies a major challenge to the way legal systems deal with, and conceptualize, privacy. Existing conceptualizations of privacy and privacy rights do not always adequately address the types and degrees of intrusion into individuals’ private lives that police hacking powers enable.

Traditional privacy pillars such as the home and secrecy of communications do …

Patience, Llc, Appellant V. Utah State Tax Commission, Appellee : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

PETITION OF REVIEW FROM THE ORDERS OF THE UT AH STA TE TAX COMMISSION ON MARCH 29, 2019 AND JULY 3, 2019

Laron J. Lind (8334), Stanford E. Purser (13340), Sean D. Reyes, U.S. Attorney General, Counsel for Appellee Utah State Tax Commission

Jaryl L. Rencher (#4903), Michael J. Collins (#11814), RENCHER ANJEWIERDEN, Attorneys for Appellant Sim Gill (6939), Timothy A. Bodily ( 6496), LaShel Shaw (13862), Office of the Salt Lake County District Attorney, Attorneys for Appellee Salt Lake County

Alexie Kamoe, Petitioner/ Appellant V. Honorable Stevan Ridge, Respondent / Appellee : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal Following An Order Of Certification From The Utah Court Of Appeals Challenging The Denial Of A Rule 65B Petition For Extraordinary Relief In The Fourth District Court, Before The Honorable Judge Robert Lunnen, Arising From An Order For Trial In The Utah County Justice Court

Carl Hollan, David Leavitt, Utah County Attorney, Counsel for Appellee

Douglas J. Thompson (12690), Appeals Division, Utah County Public Defender Assoc., Counsel for Appellant

How Effective Are Police? The Problem Of Clearance Rates And Criminal Accountability, Shima Baradaran Baughman

Faculty Scholarship

In recent years, the national conversation in criminal justice has centered on police. Are police using excessive force? Should they be monitored more closely? Do technology and artificial intelligence improve policing? The implied core question across these national debates is whether police are effective at their jobs. Yet we have not explored how effective police are or determined how best to measure police effectiveness.

This Article endeavors to measure how effective police are at their principal function—solving crime. The metric most commonly used to measure police effectiveness at crime-solving is a “clearance rate:” the proportion of reported crimes for which …

Shutting Down Speech 101: Saving Campus Free Speech From The Heckler’S Veto And The Speech Gerrymander, Charles Adside Iii

Brigham Young University Journal of Public Law

No abstract provided.

Scott Patterson, Petitioner-Appellant, V. State Of Utah, Respondent-Appellee. : Supplemental Reply Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

A direct appeal from the dismissal of postconviction claims entered in the
Second District Court, Case No. 160701113 (Farmington),
the Honorable Thomas L. Kay presiding.

Appellant’s Supplemental Reply Brief

Scott Patterson, Petitioner-Appellant, V. State Of Utah, Respondent-Appellee. : Supplemental Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Supplemental Brief of Appellee

On appeal from an order granting summary judgment for the State
and denying Appellant’s postconviction petition in the Second
District Court, the Honorable Thomas L. Kay presiding

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

Utah Supreme Court Briefs (2000–2020)

JOINT REPLY BRIEF OF PETITIONERS MARY DOE: JANE DOE AND THE UTAH STATE BAR

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

Utah Supreme Court Briefs (2000–2020)

BRIEF OF AMICUS CURIAE PARR BROWN GEE & LOVELESS, P.C.
IN SUPPORT OF PETITIONERS

Kim Hayes And Nancy Hayes, Appellants V. Intermountain Geoenvironmental Services, Inc., Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

APPEAL FROM THE UTAH COURT OF APPEALS

Cameron B. Diehl (13197) UTAH LEAGUE OF CITIES AND TOWNS Gary R. Crane (5054) Steven L. Garside ( 4323) J. Mason Kjar (14227) LAYTON CITY ATTORNEY

Paul D. Dodd

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

Utah Supreme Court Briefs (2000–2020)

APPEAL FROM THE UTAH COURT OF APPEALS

ANNA NELSON MORGAN, MINNOCK, RICE & MINER,L.C. Attorneys for Appellee Cameron B. Diehl ( 13197) 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

DAMIAN C. SMITH TECHLA W VENTURES, PLLC 3290 W. MAYFLOWER WAYLEHI, UTAH 84043 Attorneys for Appellants

David D. Gukeisen, Petitioner/ Appellant V. Utah Department Of Public Safety, Driver License Division, Respondent/ Appellee : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the Third Judicial District Court, Salt Lake County, Utah, Case # 180903 729 Honorable Patrick Corum, presiding

State Of Utah, Plaintiff/ Appellee V. Alan Seal, Defendant / Appellee : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from revocation of probation and execution of previ­ously-imposed sentences in the Fourth Judicial District, Utah County, the Honorable Christine Johnson presiding

DOUGLAS J. THOMPSON, Counsel for Appellant

JEFFREYS. GRAY (5852), SEAN D. REYES (7969), DOUGLAS W. FINCH Utah County Attorney's Office, Counsel for Appellee

The Decline Of Denali’S Wolves: Federal Options In The Face Of Non-Cooperative Wildlife Federalism, Catherine Danley

Brigham Young University Journal of Public Law

No abstract provided.

State Of Utah, Plaintiff/ Appellee V. Shane Patrick Samora, Defendant/ Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

APPEAL FROM A JUDGMENT SENTENCE AND CONVICTION OF AGGRAVATED ROBBERY, A FIRST DEGREE FELONY, IN THE THIRD JUDICIAL DISTRICT COURT

Utah Attorney General, Counsel for Appellee

HERSCHEL BULLEN, Attorney at Law, Counsel for Appellant

State Of Utah, Plaintiff/ Appellee V. Shane Patrick Samora, Defendant/ Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

APPEAL FROM A JUDGMENT SENTENCE AND CONVICTION OF AGGRAVATED ROBBERY, A FIRST DEGREE FELONY, IN THE THIRD JUDICIAL DISTRICT COURT

Utah Attorney General, Counsel for Appellee

HERSCHEL BULLEN, Attorney at Law, Counsel for Appellant

The Salt Lake Tribune And Its Reporter, Matthew Piper, Plaintiff And Appellee, V. The Utah State Records Committee, Defendant, And Brigham Young University, Intervenor And Appellant., Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Reply Brief of Appellant Brigham Young University On Appeal from the Third Judicial District Court The Honorable Laura S. Scott District Court Case No. 160904365

Immigration Law's Looming Rfra Problem Can Be Solved By Rfra, Stephanie Acosta Inks

BYU Law Review

No abstract provided.

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

Utah Court of Appeals Briefs (2007– 2019)

Appeal from concurrent prison sentences for attempted aggravated robbery and obstructing justice, in the Fourth Judicial District, Utah County, the Honorable Roger W. Griffin presiding

MARGARET P. LINDSAY, DOUGLAS J. THOMPSON, Utah County Public Defender Assoc., Appeals Division, Counsel for Appellant

CHRISTOPHER D. BALLARD, Assistant Solicitor General, SEAN D. REYES, Utah Attorney General, RHONDA GIVIDEN, Utah County Attorney's Office, Counsel for Appellee