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Optimal Deterrence And The Preference Gap, Brook Gotberg

Faculty Scholarship

It is generally understood that the way to discourage particular behavior in individuals is to punish that behavior, on the theory that rational individuals seek to avoid punishment. Laws aimed at deterring behavior operate on the assumption that increasing the likelihood of punishment, the severity of punishment, or both, will decrease the behavior. The success of these laws is evaluated by how much the targeted behavior decreases. The law of preferential transfers—which punishes creditors who have been paid prior to a bankruptcy filing at the expense of other, unpaid creditors—has been defended on the grounds that it deters a race …

The State Of Utah, Plaintiff/Appellee V. David Bruce Buttars, Defendant/Appellant. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLANT

An appeal from a judgment of conviction for four counts of securities fraud,
second and third degree felonies; and one count of pattern of unlawful activity, a second
degree felony, in the Third District Court, Salt Lake County, Utah, the Honorable
Vernice Trease presiding.

Appellant is not incarcerated

In The Matters Of The Name And Sex/Gender Change Of: Sean W. Childers-Gray, F.K.A. Jenny Pace, Appellant, And Angie Rice, F.K.A. Arthur Edward Rice, Appellant : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

BRIEF OF APPELLANTS

On appeal from the Second Judicial District Court,
Honorable Noel S. Hyde, District Court Nos. 163900359 and 163500015

State Of Utah, Plaintiff/Appellee, V. Jacquan David Wilson, Defendant/Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Brief of Appellee

Appeal from convictions for attempted murder, a first degree
felony; and obstruction of justice, a second degree felony, in
the Second Judicial District, Davis County, the Honorable
Robert J. Dale presiding

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

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLANT

On appeal from the Third Judicial District Court, Salt Lake County,
Honorable Paul B. Parker presiding
Defendant is incarcerated

State Of Utah, Plaintiff/Petitioner, V. Tracy Scott, Defendant/Respondent : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Brief of Petitioner

On Writ of Certiorari to the Utah Court of Appeals

In The Matters Of The Name And Sex/Gender Change Of: Sean W. Childers-Gray, F.K.A. Jenny Pace, And Angie Rice, F.K.A. Arthur Edward Rice, Appellants : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

SUPPLEMENTAL BRIEF OF APPELLANTS

On appeal from the Second Judicial District Court, Morgan and Weber Counties,
Honorable Noel S. Hyde, District Court Nos. 163900359 and 163500015

Gold's Gym International, Inc., Appellant, V. Clark Chamberlain And Brent Statham Vince Engle, Appellees : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

GOLD'S GYM INTERNATIONAL
INC.'S SUPPLEMENTAL BRIEF

On Appeal from the Third Judicial District Court for Salt Lake County, State of
Utah Civil No. 090919785, Honorable T. M. SHAUGHNESSY

State Of Utah, Plaintiff/Petitioner, V. Tracy Scott, Defendant/Respondent. : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Reply Brief of Petitioner

On Writ of Certiorari to the Utah Court of Appeals

State Of Utah, Plaintiff/Petitioner, Vs. Tracy Scott, Defendant/Respondent. : Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

BRIEF OF RESPONDENT

CERTIORARI REVIEW ON A DECISION OF THE UTAH COURT OF APPEALS
FROM AN APPEAL FROM THE FOURTH DISTRICT COURT, UTAH COUNTY,
FOR A CONVICTION OF MURDER, FIRST DEGREE FELONY, BEFORE THE
HONORABLE DAVID MORTENSEN

ORAL ARGUMENT REQUESTED

Appellant is currently incarcerated on this case

In The Matters Of The Name And Sex/Gender Change Of: Sean W. Childers-Gray, F.Ka, Jenny Pace, And Angie Rice, F.K.A., Arthur Edward Rice. : Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Supplemental Brief of Amicus Curiae
the Office of the Utah Attorney General

On appeal from the Second Judicial District Court
Honorable Noel S. Hyde, Nos. 163900359 and 163500015

Gold's Gym International, Inc., Appellant, Vs. Clark Chamberlain And Brent Statham Vince Engle, Appellees. : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

GOLD'S GYM INTERNATIONAL,
INC.'S APPEAL

On Appeal from the Third Judicial District Court for Salt Lake County, State of Utah
Civil No. 090919785, Honorable T. M. SHAUGHNESSY

Gold's Gym International, Inc., Appellant, V. Clark Chamberlain And Brent Statham, Appellees. : Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

BRIEF OF APPELLEE CLARK CHAMBERLAIN

Gold's Gym International, Inc., Appellant, Vs. Clark Chamberlain And Brent Statham Vince Engle, Appellees. : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

GOLD'S GYM INTERNATIONAL,
INC.'S REPLY BRIEF

On Appeal from the Third Judicial District Court for Salt Lake County, State of Utah
Civil No. 090919785, Honorable T. M. SHAUGHNESSY

Keystone Insurance Agency, Llc, Plaintiff/Appellant, V. Inside Insurance, Llc, Shumway Insurance Group, Inc., Jonathan Shumway, Spencer Shumway, And Cabe Atkinson, Defendants/Appellees. : Reply Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Reply Brief of Appellant

An Appeal from Judgment Entered by the Fourth District Court,
Before the Honorable Christine Johnson

In The Matter Of The Discipline Of: Joann E. Bott, #5262 Appellee/Respondent. : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

APPELLANT'S REPLY BRIEF

John R. Latham, Plaintiff/Appellant, Vs. Office Of Recovery Services, Defendant/Appellee. : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

REPLY BRIEF OF APPELLANT JOHN R. LATHAM

On Appeal from a Final Judgment in the Third Judicial District Court
Case No. 160904935, The Honorable Richard McKelvie presiding

Healthbanc International, Llc, A New Hampshire Limited Liability Company, Bernard Feldman, An Individual, Plaintiffs, V. Synergy Worldwide, Inc., A Utah Corporation, And Nature's Sunshine Products, Incorporated, A Utah Corporation, Defendants. : Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

On certified question of law from the United States District Court for the District of
Utah, Honorable Jill N. Parrish, Case No. 2:16-cv-00135

Kirkpatrick Macdonald, Appellant, V. Lee Ann Macdonald (Nka Fahey), Appellee. : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

REPLY BRIEF OF APPELLANT

On Writ of Certiorari to the Utah Court of Appeals

On appeal from the Third Judicial District Court, Summit County,
Honorable Kara Pettit, District Court No. 104500031

Deborah Michelle Kiley, Debtor/Appellant, V. Mary M. Hunt, Trustee, Trustee/Appellee. : Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

BRIEF OF THE APPELLEE

In re: Deborah Michelle Kiley

Certification of Questions of State Law by the United States Bankruptcy Court for the
District of Utah
Before the Honorable Kevin R. Anderson, Federal Case No. 15-27838

Terry Mitchell, Plaintiff, V. Richard Warren Roberts, Defendant. : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Brief of Richard Warren Roberts

On certified question of law from the United States District Court,
District of Utah, Honorable Evelyn J. Furse, Case No. 2:16-cv-00843-EJF

State Of Utah, Plaintiff/Appellee, V. Eddie A. Salazar, Defendant/Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Brief of Appellee

Appeal from convictions for burglary, a second-degree felony,
and theft, a class B misdemeanor, in the Third Judicial District,
Salt Lake County, the Honorable Keith Kelly presiding

The State Of Utah, Plaintiff/Appellee, V. Eddie A. Salazar, Defendant/Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLANT

Appeal from a judgment of conviction for one count of Burglary, a second
degree felony, in violation of Utah Code 76-6-202, and one count of Theft, a
class B misdemeanor, in violation of Utah Code 76-6-404, in the Third Judicial
District, in and for Salt Lake County, State of Utah, the Honorable Keith Kelly
presiding.

Appellant is not incarcerated.

The State Of Utah, Plaintiff/Appellee, V. Eddie A. Salazar, Defendant/Appellant : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

REPLY BRIEF OF APPELLANT

Appeal from a judgment of conviction for one count of Burglary, a second
degree felony, in violation of Utah Code 76-6-202 and one count of Theft, a class
B misdemeanor, in violation of Utah Code 76-6-404, in the Third Judicial
District, in and for Salt Lake County, State of Utah, the Honorable Keith Kelly
presiding.

Appellant is not incarcerated.

State Of Utah, Plaintiff/Appellee, V. Jacquan David Wilson, Defendant/Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLANT

Appeal from Sentence, Judgment, Commitment entered on November 16, 2017, in the
Second District Court, Davis County, the Honorable Robert J. Dale, presiding

ORAL ARGUMENT REQUESTED

State Of Utah, Plaintiff/Appellee, V. Scott Alan Rasmussen Defendant/Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Brief of Appellant

Appeal from a conviction for one count of tax evasion, a
second degree felony, and three counts of failure to render a
tax return, a third degree felony, all in violation of Utah
Code Ann. 76-8-1101, in the Third Judicial District, Salt
Lake County, the Honorable Roger S. Dutson presiding.
Appellant is incarcerated.

ORAL ARGUMENT REQUESTED

Thomas D. Martin, M.D., Plaintiff-Appellant, V. University Of Utah, Et Al., Defendants-Appellees : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

APPELLEES' RESPONSE BRIEF

On appeal from a final judgment of the Third Judicial District Court,
Salt Lake County, State of Utah, Case No. 160906038,
the Honorable Andrew H. Stone presiding.

ORAL ARGUMENT NOT REQUESTED

Thomas G. Martin, M.D., Plaintiff-Appellant, V. The University Of Utah; The University Of Utah College Of Pharmacy; The Utah Poison Control Center; Barbara Crouch; In Her Official And Individual Capacities; Diana Brixner, In Her Official And Individual Capacities; Erik Barton, In His Official And Individual Capacities; Stephen Hartsell, In His Individual And Official Capacities; Samuel Finlayson, In His Official And Individual Capacities; Heidi Thompson, In Her Official And Individual Capacities; Paula Peacock, In Her Official And Individual Capacities, And Does 1-10, In Their Official And Individual Capacities. Defendants-Appellees : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

APPELLANT'S REPLY BRIEF

Appeal from the Third Judicial District Court
In and for Salt Lake County, State of Utah
The Honorable Andrew H. Stone

ORAL ARGUMENT REQUESTED

Labor Commission Plaintiff-Appellant, V. Derek Price, Defendant-Appellee : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

OPENING BRIEF OF APPELLANT LABOR COMMISSION

Appeal from the Final Order of the Third Judicial District Court in
and for Salt Lake County, Honorable Su J. Chon
No. 126918635

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

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLANT

On appeal from the Third Judicial District Court, Salt Lake County,
Honorable Paul B. Parker presiding
Defendant is incarcerated