Digital Commons Network^™

The Tesla Meets The Fourth Amendment, Adam M. Gershowitz

BYU Law Review

Can police search a smart car’s computer without a warrant? Although the Supreme Court banned warrantless searches of cell phones incident to arrest in Riley v. California, the Court left the door open for warrantless searches under other exceptions to the warrant requirement. This is the first article to argue that the Fourth Amendment’s automobile exception currently permits the police to warrantlessly dig into a vehicle’s computer system and extract vast amounts of cell phone data. Just as the police can rip open seats or slash tires to search for drugs under the automobile exception, the police can warrantlessly extract …

Contracting As A Class, Caleb N. Griffin

BYU Law Review

Contract law is stuck in a loop of path dependency and stale precedent. Its metaphors, like “the meeting of the minds,” are today laughably implausible. Its values, like “consent,” have been stripped of any real meaning. No one reads or understands the overwhelming majority of contracts to which they agree. And no one should. Reading them is meaningless, because it simply does not matter what they say. Individuals must agree to them – indeed, are effectively forced to agree to them – if they wish to participate in the modern world.

Modern digital contracting is not a collaborative process. Today, …

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 …

Undue Mental Hardship: A Case For Standardized Treatment Of Mental Health Issues In Student Loan Discharge Proceedings, Abigail Stone

BYU Law Review

No abstract provided.

Brigham City Corporation, Third-Party Defendant / Appellant, V. Paul B. Bywater, Third-Party Plaintiff / Appellee : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

appeal from the First Judicial District Court in and for Box Elder County, Honorable Brandon Maynard, District Court No. 170100040

Matthew D. Church, Taylor P. Kordsiemon, Carson M. Fuller, Attorneys for Appellant Brigham City Corporation

Jack H. Mogard, Malone H. Molgard, Kenneth Allsop, Attorneys for Appellee Paul B. Bywater

State Of Utah, Plaintiff/Petitioner V. Brevan Bringhurst Baugh, Defendant/Respondent. : Brief Of Petitioner, Utah Supreme Court

Utah Supreme Court Briefs (2021– )

On Writ of Certiorari to the Utah Court of Appeals

EMILY ADAMS, FREYJA JOHNSON, Counsel for Respondent

WILLIAM M. HAINS, SEAN D. REYES, Counsel for Petitioner

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

Utah Court of Appeals Briefs (2020 –)

Appeal from order denying motion to quash bindover, in the Third Judicial District, Salt Lake County, the Honorable Mark Kouris presiding

SARAH J. CARLQUIST, Counsel for Appellant

CONNOR NELSON, SEAN D. REYES, JAMES M. WATABE, Counsel for Appelleе

Clark Memorandum: Spring 2023, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society

The Clark Memorandum

• Fidei Defensor: Defending Faith to Enable Communities of Reconciliation
• Conscience, Peacebuilding, and Faith-Based Law Schools
• Elvis Was Right: The Unavoidable Intersection Between Personal Values and a Fulfilling Practice of Law
• The Future of the Establishment Clause: Implications of Kennedy v. Bremerton School District

Aaron L. Sampson, Plaintiff / Appellant V. Hb Boys, Llc, Defendant / Appellee : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On Appeal from the Third Judicial District Court, Salt Lake County, Utah, Case No. 210900310 CR, the Honorable Robert Faust

Robert L. Janicki, Michael L. Ford, Attorneys for Defendant / Appellee HB Boys LC

Gregory W. Stevens, Attorney for Plaintiff / Appellant Aaron L. Sampson

Sean Mcpherson, Petitioner/Appellee, V. Lynn Copp, : Respondent/Appellant. : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from a Final Judgment of the Third Judicial District Court in and for Summit County, State of Utah, The Honorable Richard Mrazik presiding

Brody N. Miles, Attorney for McPherson

Laja K. Thompson, Attorney for Copp

Lillian Ackley, Petitioner / Appellant, V. Utah Labor Commission And Lowes, Respondents / Appellees : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the Labor Commission of Utah

Mark D. Dean, Kristy L. Bertelsen, Attorneys for Respondent/Appellee Lowes, Christopher C. Hill, Attorney for Respondent / Appellee Utah Labor Commission

Michael Gary Belnap, Stony V. Olsen, Attorneys for Petitioner/Appellant Lillian Ackley

Lillian Ackley, Petitioner/Appellant, V. Utah Labor Commission And Lowes, Respondents/Appellees. : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the Labor Commission of Utah

Mark D. Dean, Kristy L. Bertelsen, Attorneys for Respondent/Appellee Lowes, Christopher C. Hill, Attorney for Respondent / Appellee Utah Labor Commission

Michael Gary Belnap, Stony V. Olsen, Attorneys for Petitioner/Appellant Lillian Ackley

Lillian Ackley, Petitioner / Appellant, V. Utah Labor Commission And Lowes, Respondents / Appellees : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the Labor Commission of Utah

Mark D. Dean, Attorneys for Respondent/Appellee Lowes, Chris Hill, Attorney for Respondent / Appellee Utah Labor Commission

Stony V. Olsen, Michael Gary Belnap, Attorneys for Petitioner/Appellant Lillian Ackley

Lillian Ackley, Petitioner/Appellant, V. Utah Labor Commission And Lowes, Respondents/Appellees.: Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the Labor Commission of Utah

Mark D. Dean, Kristy L. Bertelsen, Attorneys for Respondent/Appellee Lowes, Chris Hill, Attorney for Respondent / Appellee Utah Labor Commission

Stony V. Olsen, Michael Gary Belnap, Attorneys for Petitioner/Appellant Lillian Ackley

John Doe, Appellant / Cross-Appellee, Vs. State Of Utah, Office Of State Debt Collection, Appellee / Cross-Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the Third District Court, Salt Lake County, from a dismissal of an appeal through a Petition for Judicial Review originating from an informal adjudicative proceeding before the State of Utah's Office of State Debt Collection, and dismissal of a Petition for Extraordinary Relief, Honorable Kent Holmberg presiding

SARAH GOLDBERG, JACOB H.B. FRANKLIN, SEAN D. REYES, Counsel for Appellees/Cross-Appellants

John Doe, Pro Se, Appellant/Cross-Appellee

State Of Utah, Plaintiff / Appellee V. Arlen J. Prettyman, Defendant / Appellant : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Seventh Judicial District Court, Price Carbon County, Honorable Jeremiah Humes, District Court No. 201700454

Connor Nelson, Sean Reyes, Counsel for Appellee

Emily Adams, Cherise Bacalski, Hannah Leavitt-Howell, Counsel for Appellant

Norm C. Mayhew, Petitioner / Appellant V. Utah Labor Commission, Darrell W. Anderson Construction, Inc, And/Or Workers Compensation Fund, Respondents / Appellees : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the Labor Commission of Utah

Michele L. Halstenrud, Hans M. Scheffler, Attorneys for Respondents/ Appellees Darrell W. Anderson Construction, Inc. and Worker's Compensation Fund, Christopher C. Hill, Attorney for Respondent / Appellee Utah Labor Commission

Michael Gary Belnap, Virginius Dabney, Stony V. Olsen, Attorneys for Petitioner/Appellant Norm C. Mayhew

Junction Market Fairview, L.C., Plaintiffs/Appellees V. Manmohan Grewal, Defendants/Appellants: Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2021– )

APPEAL FROM ORDERS BY THE SIXTH JUDICIAL DISTRICT COURT, HONORABLE JUDGE WALLACE A. LEE

Alan L. Smith (USB. No. 2988) Attorney and Counselor at Law Attorney for Plaintiffs/Appellees

Jared L. Anderson (USB. No. 8140) ANDERSON, FIFE & MARSHALL, LC Attorney for Defendants/Appellants

Junction Market Fairview, L.C., A Utah Limited Liability Company, And Bluecap Investment Group, L.C., A Utah Limited Liability Company, Plaintiffs/Appellees V. Manmohan Grewal, An Individual, And Lippa Grewal, An Individual, Defendants/Appellants : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2021– )

APPEAL FROM ORDERS BY THE SIXTH JUDICIAL DISTRICT COURT, HONORABLE JUDGE WALLACE A. LEE

Alan L. Smith, Attorney for Plaintiffs/Appellees

Jared L. Anderson, Attorney for Defendants/Appellants

The Local Pages Of Nevada, Llc, Plaintiff/Appellant V. Plumb Line Mechanical, Inc., Defendant/Appellee : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the Third Judicial District Court, Salt Lake County, State of Utah Honorable Laura Scott, District Court Judge

Jordan K. Cameron, Attorneys for Appellee Plumb Line Mechanical Inc.

D. Scott Crook, Attorneys for Appellant The Local Pages of Nevada LLC

440 North Sf, Llc, Plaintiff And Appellant, V. Vista Heights Investments, Llc,, And Sii Megadiamond, Inc., Defendants And Appellees : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

ON APPEAL FROM THE FOURTH JUDICIAL DISTRICT COURT FOR UTAH COUNTY, STATE OF UTAH Trial Court Case No. 210400480 Honorable Robert Lund

Spencer Macdonald, Attorney for Appellant

Barney Madsen, Steve Lundwall, James K. Tracy, Joshua Lee, Attorney for Appellees

440 North Sf, Llc, Appellant V. Vista Heights Investments: Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

ON APPEAL FROM THE FOURTH JUDICIAL DISTRICT COURT FOR UTAH COUNTY, STATE OF UTAH Trial Court Case No. 210400480 Honorable Robert Lund

Spencer Macdonald (10243) ARTIFEX LAW, LLC

Barney Madsen (4626) FILLMORE SPENCER, LLС

Junction Market Fairview, L.C., A Utah Limited Liability Company, And Bluecap Investment Group, L.C., A Utah Limited Liability Company, Plaintiffs/Appellees V. Manmohan Grewal, An Individual, And Lippa Grewal, An Individual, Defendants/Appellants : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2021– )

APPEAL FROM ORDERS BY THE SIXTH JUDICIAL DISTRICT COURT, HONORABLE JUDGE WALLACE A. LEE

Alan L. Smith, Attorney for Plaintiffs/Appellees

Jared L. Anderson, Attorney for Defendants/Appellants

Aaron L. Sampson, Plaintiff / Appellant V. Hb Boys, Llc, Defendant / Appellee : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the Third Judicial District Court, Salt Lake County, State of Utah Judge Robert Faust, District Court No. 210900310

Gregory W. Stevens, Attorneys for Plaintiff/Appellant Aaron A. Sampson

Robert L. Janicki, Michael L. Ford, Attorneys for Defendant/Appellee HB Boys, LLC

Sean Mcpherson, Petitioner/Appellee, V. Lynn Copp, : Respondent/Appellant. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from ruling of the Honorable Judge Richard Mrazik of the Third District in and for Summit County as to a Petition Seeking Marriage Solemnization under U.C.A. § 30-1-4.5.

Brody N. Miles, Attorney for Sean McPherson

Laja K. Thompson, Attorney for Lynn Copp

R4 Constructors, Llc, Plaintiff / Appellee, V. Inbalance Yoga Corporation, A Utah Corporation, And Jennifer Schnabel, An Individual, Defendants / Appellants : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from a Final Order of the Fourth Judicial District Court in and for Utah County, Provo Department, State of Utah. Trial Judge Christine Johnson.

ATTORNEYS FOR APPELLANTS, Justin D. Heideman, Justin R. Elswick

ATTORNEYS FOR APPELLEE, Cody W. Wilson, Andrew L. Berne

The Nrla, Llc, Appellant/ Cross-Appellee, V. Grimmer & Associates, Pc, Appellee / Cross-Appellant: Appellant's Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On Appeal from the Third Judicial District Court, Judge Kent Holmberg, Case No. 220901118

Richard D. Burbidge, Esq., Carolyn LeDuc, Clancy S. Henderson, Burbidge | Mitchell, Attorneys for Grimmer & Associates

Cameron M. Hancock,, Rod N. Andreason,, Justin W Starr,, Adam D. Wahlquist, dacob A. Green, Kirton McConkie, Attorneys for the NRLA LLC

The Nrla, Llc, Appellant / Cross-Appellee, V. Grimmer & Associates, Pc, Appellee / Cross-Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On Appeal from the Third Judicial District Court, Judge Kent Holmberg, Case No. 220901118

Richard D. Burbidge, Carolyn LeDuc, Clancy S. Henderson, Attorneys for Grimmer & Associates

Cameron M. Hancock, Rod N. Andreason, Justin W Starr, Adam D. Wahlquist, Jacob A. Green, Attorneys for the NRLA LLC

State Of Utah, Plaintiff / Appellee V. Arlen J. Prettyman, Defendant / Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from conviction for possession of a controlled substance with intent to distribute, second-degree felonies, driving under the influence and use or possession of drug paraphernalia, class B misdemeanors, and unsafe lane travel, and infraction, in the Seventh Judicial District, Carbon County, the Honorable Jeremiah Humes presiding

EMILY ADAMS, CHERISE BACALSKI, Counsel for Appellant

CONNOR NELSON, SEAN D. REYES, CHRISTIAN B. BRYNER, Counsel for Appellee

Tiffany Bingham, Appellant V. George C> Gourley, Appellee : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2021– )

On Appeal from the Fourth Judicial District Court, Utah County Case No. 200401253, Judges Darold McDade and Sean Petersen

SNOW CHRISTENSEN & MARTINEAU Brian P. Miller (6933) Andrew L. Roth (16149) RENCHER ANJEWIERDEN Benjamin K. Lusty (12159) Cami R. Schiel (16941) KIPP AND CHRISTIAN, P.C. Kirk G. Gibbs (5955) Attorneys for Appellee McKay L. Platt, M.D.

CHRISTIANSEN LAW, PLLC Stephen K. Christiansen (6512) Kathleen M. Liuzzi (7924) Joshua B. Cutler (16434) M. Kelton Gardner (18383) Attorneys for Appellant Tiffany Bingham