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Articles 2161 - 2190 of 42850
Full-Text Articles in Entire DC Network
The Interplay Of Majority And Minority Religious Rights And The Role Of The Judiciary, Justice Tassaduq Hussain Jillani
The Interplay Of Majority And Minority Religious Rights And The Role Of The Judiciary, Justice Tassaduq Hussain Jillani
BYU Law Review
No abstract provided.
Freedom Of Religion In India: Current Issues And Supreme Court Acting As Clergy, Faizan Mustafa, Jagteshwar Singh Sohi
Freedom Of Religion In India: Current Issues And Supreme Court Acting As Clergy, Faizan Mustafa, Jagteshwar Singh Sohi
BYU Law Review
Religion is an indispensable part of human existence. Freedom of religion is considered as the third most important civil liberty after the right to life and personal liberty and the freedom of speech and expression. The Indian Constitution guarantees freedom of religion and acknowledges the individual’s autonomy in his or her relationship with God. However, the Supreme Court of India, through the creation and continued use of the essentiality test, has tried to reform religion by restricting the scope of this freedom. The judiciary has taken over the role of clergy in determining what essential and non-essential religious practices are. …
Why Religious Freedom? Why The Religiously Committed, The Religiously Indifferent, And Those Hostile To Religion Should Care, Brett G. Scharffs
Why Religious Freedom? Why The Religiously Committed, The Religiously Indifferent, And Those Hostile To Religion Should Care, Brett G. Scharffs
BYU Law Review
No abstract provided.
Osman Mohammed Noor, Peti Tione1/ Appellant, V. State Of Utah, Respondent/Appellee., Utah Court Of Appeals
Osman Mohammed Noor, Peti Tione1/ Appellant, V. State Of Utah, Respondent/Appellee., Utah Court Of Appeals
Utah Court of Appeals Briefs (2007– 2019)
On Certification fro1n the Utah Court of Appeals
State Of Utah, Plaintiff And Appellant, V. Scott Richard Stew Art, Defendant And Appellee, Utah Supreme Court
State Of Utah, Plaintiff And Appellant, V. Scott Richard Stew Art, Defendant And Appellee, Utah Supreme Court
Utah Supreme Court Briefs (2000–2020)
This is Appellee/Defendant, Mr. Stewart's response to the State of Utah's appeal brief, filed in support of its interlocutory appeal from an order excluding evidence by the Third Judicial District Court, Salt Lake County, District Court Case No. J 31911542. HONORABLE RANDALL N. SKANCHY
State V. Jessie Dean Sheffield, Utah Court Of Appeals
State V. Jessie Dean Sheffield, Utah Court Of Appeals
Utah Court of Appeals Briefs (2007– 2019)
Re: State v. Jessie Dean Sheffield
. Gina M. Arnold And Charlie S .. Arnold, Reply Brief Of Plaintiffs And Aru,Ellant/Crossappellee, Vs. Gary B. White, M.D., Uintah Basin Medical Center, And David Grigsby, M.D. Defendants And Appellee/Crossappellant., Utah Supreme Court
Utah Supreme Court Briefs (2000–2020)
APPEAL FROM THE EIGHTH DISTRICT COURT, DUCHESNE COUNTY, THE HON. SAMUEL P. CHIARA, CIVIL NO. 020800066
State Of Utah, Plaintiff/Appellee Vs. Jessie Dean Sheffield, Defendant/Appellant, Utah Court Of Appeals
State Of Utah, Plaintiff/Appellee Vs. Jessie Dean Sheffield, Defendant/Appellant, Utah Court Of Appeals
Utah Court of Appeals Briefs (2007– 2019)
Appeal from a final judgment and conviction of the Carbon County Seventh District Court, entered by Judge Douglas B. Thomas
Jodi Howick Appellant V. Salt Lake City Corporation, Appellee, Utah Supreme Court
Jodi Howick Appellant V. Salt Lake City Corporation, Appellee, Utah Supreme Court
Utah Supreme Court Briefs (2000–2020)
Appeal from the third District court, Salt Lake County, State of Utah The Honorable Richard D. McKelvie
Lawrence And Sarah Jean Colosimo, Individually And As The Natural Parents And Heirs Of Adam Colosimo, Deceased, Appellants, Vs. Gateway Co:Tvimunity Church, A Appellants'replybrief District Court Case No. 120414704 Wd Appellate No. 20140852a Utah Corporation; And Does 1-50, Supreme Court No. 20160838 - Sc Appellee., Utah Supreme Court
Utah Supreme Court Briefs (2000–2020)
ON WRIT OF CERTIORARI TO REVIEW DECISION OF COURT OF APPEALS
Jodi Howick Appellant V. Salt Lake City Corporation, Appellee, Utah Court Of Appeals
Jodi Howick Appellant V. Salt Lake City Corporation, Appellee, Utah Court Of Appeals
Utah Court of Appeals Briefs (2007– 2019)
Appeal from the third District court, Salt Lake County, State of Utah The Honorable Richard D. McKelvie
John Kuhni Sons, Inc., A Utah Corporation, Petitioner, V. Utah Labor Commission Occupational Safety And Health Division, . Respondent., Utah Court Of Appeals
John Kuhni Sons, Inc., A Utah Corporation, Petitioner, V. Utah Labor Commission Occupational Safety And Health Division, . Respondent., Utah Court Of Appeals
Utah Court of Appeals Briefs (2007– 2019)
On petition for review· from the Appeals Board of the Utah Labor Commission No.31093282
Utah V. Lopez, Utah Court Of Appeals
Utah V. Lopez, Utah Court Of Appeals
Utah Court of Appeals Briefs (2007– 2019)
No abstract provided.
Utah State Tax Commission, Respondent-Appellants, V. See's Candies, Inc., Petitioner-Appellee., Utah Supreme Court
Utah State Tax Commission, Respondent-Appellants, V. See's Candies, Inc., Petitioner-Appellee., Utah Supreme Court
Utah Supreme Court Briefs (2000–2020)
On appeal from the Fourth Judicial District Court The Honorable Samuel D. Mc Vey
Chevron’S Pure Questions: Searching For Meaning In Ambiguity, Neal A. Hoopes
Chevron’S Pure Questions: Searching For Meaning In Ambiguity, Neal A. Hoopes
BYU Law Review
Since implied congressional intent is the basis for the Chevron doctrine, courts cannot simply presume that Congress intends all unclear statutes to signal deference to agencies. Instead, courts must make some inquiry into whether that rationale remains true under the particular circumstances. This Note contends, then, that the Chevron framework, from the outset, asks the wrong question. Instead of inquiring whether the statute is clear, courts should determine whether Congress intended courts to defer to an agency on the question of statutory interpretation. Instinctively deferring to an agency in the face of every ambiguity undermines congressional intent. While implied congressional …
2017-2018 Byu Law Review Masthead
When Facts Don't Matter, Eric Berger
When Facts Don't Matter, Eric Berger
BYU Law Review
We are used to thinking that facts shape legal outcomes, but sometimes the Supreme Court wants nothing to do with facts. In some high-profile constitutional decisions, the Roberts Court has ignored important congressional findings, deeming irrelevant facts that document the very mischief Congress sought to remedy. Similarly, in these same cases the Court exploits the muddy line between facial and as-applied challenges to avoid confronting particular facts. The Justices in these cases do not question the veracity of seemingly relevant facts. Rather, they write their opinions as though these facts don’t matter. This Article examines the Court’s penchant for brushing …
Take The Fifth . . . Please!: The Original Insignificance Of The Fifth Amendment’S Due Process Of Law Clause, Gary Lawson
Take The Fifth . . . Please!: The Original Insignificance Of The Fifth Amendment’S Due Process Of Law Clause, Gary Lawson
BYU Law Review
The Fifth Amendment’s Due Process of Law Clause adds nothing to the Constitution’s original meaning. Every principle for limiting federal executive, judicial, and even legislative powers that can plausibly be attributed to the idea of “due process of law”—from the principle of legality forbidding executive or judicial action in the absence of law, to the requirement of notice before valid judicial judgments, to the limitation on arbitrary governmental action that today goes under the heading of “substantive due process”—is already contained in the text and structure of the Constitution of 1788. The Fifth Amendment Due Process of Law Clause confirms …
What Happens In Delaware Need Not Stay In Delaware: How Trulia Can Strengthen Private Enforcement Of The Federal Securities Laws, Ryan Lewis
BYU Law Review
Class-action lawsuits have been used by private plaintiffs to enforce the federal securities laws since those laws were enacted in the 1930s. With the SEC retaining concurrent authority to enforce federal securities laws, a debate has emerged as to whether the private right of action helps or hinders public enforcement. The primary criticism of private securities litigation is that rent-seeking attorneys abuse the system by bringing frivolous litigation aimed at achieving a settlement and a fee. In the public merger context, the potentially disastrous consequences of failing to close an announced deal on time make corporations eager to settle potentially …
Deceptive Patents: Deconstructing Juicy Whip, Paul Spiel
Deceptive Patents: Deconstructing Juicy Whip, Paul Spiel
BYU Law Review
Moral utility largely prevents the granting of a patent if the patent would be injurious to the well-being of society. The moral utility doctrine has prevailed through much of American patent history and still endures in many parts of the world. In Juicy Whip I, the Federal Circuit chose to abandon the doctrine, but the court’s rationale in support of the decision was ill-suited. The court’s holding sanctioned deceptive patent applications but, intentionally or unintentionally, neglected applicable unfair competition, free speech, and consumer deception doctrines. In light of the Intellectual Property Clause of the U.S. Constitution, deceptive patents should be …
A Muslim Registry: The Precursor To Internment?, Sahar F. Aziz
A Muslim Registry: The Precursor To Internment?, Sahar F. Aziz
BYU Law Review
Being political scapegoats in the indefinite “war on terror” is the new normal for Muslims in America. With each federal election cycle or terrorist attack in a Western country comes a spike in islamophobia. Candidates peddle tropes of Muslims as terrorists in campaign materials and political speeches to solicit votes. Government officials call for bold measures—extreme vetting, categorical bans, and mass deportations—to regulate and exclude Muslim bodies from U.S. soil. The racial subtext is that Muslims in the United States are outsiders who do not belong to the political community. A case in point is the “Muslim ban” issued by …
Transformative Use In Software, Clark D. Asay
Transformative Use In Software, Clark D. Asay
Faculty Scholarship
Fair use is copyright law’s most important defense against claims of copyright infringement. It provides courts with an equitable tool for allowing parties to use the copyrighted materials of others without liability when doing so facilitates copyright’s constitutional purpose of promoting the “progress of Science and the useful Arts.”
When analyzing fair use, modern courts place great emphasis on whether the purportedly fair use involves a “transformative use” of the copyrighted materials. In what some are calling the most important software copyright case in decades, a jury recently handed Google a victory by concluding that Google’s reuse of some of …
State Of Utah, Plaintiff/Petitioner, V. James Christopher Mccallie, Defendan Tjresponden T., Utah Supreme Court
State Of Utah, Plaintiff/Petitioner, V. James Christopher Mccallie, Defendan Tjresponden T., Utah Supreme Court
Utah Supreme Court Briefs (2000–2020)
On Writ of Certiorari to the Utah Court of Appeals
Gary Joe Mccamey, Pe Ti Ti Oner/ Appellant, V. State Of Utah, Respondent/ Appellee., Utah Supreme Court
Gary Joe Mccamey, Pe Ti Ti Oner/ Appellant, V. State Of Utah, Respondent/ Appellee., Utah Supreme Court
Utah Supreme Court Briefs (2000–2020)
Appeal from a grant of summary judgment and denial of post-conviction relief, in the Third Judicial District, Salt Lake County, the Honorable Judge Paul B. Parker presiding
Raymond M. Snyder Petitioner, Appellant Vs. Utah Labor Commission Western Construction Spec., Utah Property And Casualty Curantee Assoc., Fremont Insurance Group Respondent, Appellee, Utah Court Of Appeals
Raymond M. Snyder Petitioner, Appellant Vs. Utah Labor Commission Western Construction Spec., Utah Property And Casualty Curantee Assoc., Fremont Insurance Group Respondent, Appellee, Utah Court Of Appeals
Utah Court of Appeals Briefs (2007– 2019)
No abstract provided.
Gaspar Avila, Petitioner And Appellant, Vs. Taylorsville City, Respondent And Appellee, Utah Court Of Appeals
Gaspar Avila, Petitioner And Appellant, Vs. Taylorsville City, Respondent And Appellee, Utah Court Of Appeals
Utah Court of Appeals Briefs (2007– 2019)
APPEAL FROM THE THIRD DISTRICT COURT -- SALT LAKE DEPT., SALT LAKE COUNTY, HONORABLE SU CHON
Russel Augustus, Petitioner V. Vernal City And Vernal City Apppeals Board, Respondent, Utah Court Of Appeals
Russel Augustus, Petitioner V. Vernal City And Vernal City Apppeals Board, Respondent, Utah Court Of Appeals
Utah Court of Appeals Briefs (2007– 2019)
On review from the Vernal City Appeals Board
Judith Pinborough Zimmerman, Ph. D., Plaintiff/ Appellant, Vs. The University Of Utah, And William Mcmahon, Defendants/ Appellees., Utah Supreme Court
Judith Pinborough Zimmerman, Ph. D., Plaintiff/ Appellant, Vs. The University Of Utah, And William Mcmahon, Defendants/ Appellees., Utah Supreme Court
Utah Supreme Court Briefs (2000–2020)
Certification from the United States District Court for the District of Utah The Honorable Jill N. Parrish
In Re Estate Of Donald Bret Kouns, Decedent, Greg Torgerson, Plaintiff And Appellant, V. Estate Of Donald Bret Kouns, Defendant And Appellee, Utah Court Of Appeals
In Re Estate Of Donald Bret Kouns, Decedent, Greg Torgerson, Plaintiff And Appellant, V. Estate Of Donald Bret Kouns, Defendant And Appellee, Utah Court Of Appeals
Utah Court of Appeals Briefs (2007– 2019)
Appeal from a Judgment of the Sixth District Court In and For Sevier County, State of Utah, Honorable Wallace A. Lee
The State Of Utah, Plaintiff/Appellee Vs. Theophelus Clay Mcclellan, Defendant/Appellant, Utah Court Of Appeals
The State Of Utah, Plaintiff/Appellee Vs. Theophelus Clay Mcclellan, Defendant/Appellant, Utah Court Of Appeals
Utah Court of Appeals Briefs (2007– 2019)
Appeal from the Third District Court, Salt Lake County, Judge Mark Kouris Presiding. Appellant is not currently incarcerated in connection with this matter.