Digital Commons Network^™

The Constitutional Model Of Mootness, Tyler B. Lindley

BYU Law Review

Article III limits the federal courts to deciding cases and controversies, and this limitation has given rise to the black-letter law of standing, ripeness, and mootness. But the law of mootness presents a puzzle: Over time, the Court has recognized various "exceptions" to ordinary mootness rules, allowing federal courts to hear arguably moot cases. On one hand, the Court consistently asserts that mootness doctrine, including its exceptions, is compelled by the original understanding of Article III. On the other hand, the scholarly consensus is that these exceptions are logically inconsistent with the Court s claims about Article III and that …

Good Representatives, Bad Objectors, And Restitution In Class Settlements, Jay Tidmarsh, Tladi Marumo

BYU Law Review

This Article uses two recent decisions — one prohibiting incentive awards to class representatives and one permitting disgorgement of side payments to class objectors — to explore deeper connections between class action settlements and the law of restitution. The failure to correctly apply the law of restitution led both courts astray. First, courts can approve incentive awards, as long as an award properly reflects the benefit that the representative's efforts bestowed on the class. Second, restitution provides a basis to disgorge improper side payments to objectors, but only under conditions different from those that the court described. More broadly, attention …

Osha’S Covid-19 Vaccine Mandate: Why Justice Gorsuch’S Analysis Of The Mandate As An Elephant In A Mousehole Misses The Mark, Wyatt Rex Allred

BYU Law Review

Administrative law doctrines such as Chevron seek to strike a balance between adequate delegated power and sufficient checks on such power. The major questions doctrine reinforces the latter. Recent decisions finding major questions, however, have shown a departure from textualist principles, which formed the doctrine s foundation. Justice Gorsuch's opinion in NFIB v. OSHA is an example of this desertion of textualist principles and should thus be viewed as an improper application of the major questions doctrine. Rather than remodeling the major questions doctrine, textualist judges should acknowledge that this form of anti-textual analysis is nothing short of a revival …

Resolving Unfairness In A Fair Way: How The Grantor Trust Rules Should Be Reformed, Aaron T. Anderson

BYU Law Review

Affluent taxpayers often create one or more grantor trusts to achieve significant tax savings. By leveraging mismatches in the rules between the income and estate tax systems, these taxpayers avoid the compressed income tax brackets of trusts while minimizing the property that is included in their estates for estate tax purposes. Some commentators have argued that reform is needed to remove such mismatches. Yet, trusts that rely on the current grantor trust rules abound.

This Note (1) provides a background and history of the rules and use of grantor trusts, (2) argues that harmonizing the estate and income tax systems …

State Of Utah Plaintiff - Petitioner, V. Alfonso Valdez, Defendant - Respondent : Reply Brief, 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

CHRISTOPHER A. BATES, SEAN D. REYES, MELISSA A. HOLYOAK, ANDREW F. PETERSON, Counsel for Petitioner

State Of Utah, Plaintiff /Respondent Vs. Elbert John Pule, Defendant /Petitioner : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2021– )

Reply Brief of Petitioner on Writ of Certiorari

DAVID SIMPSON, SEAN REYES, Counsel for Respondent

DOUGLAS J. THOMPSON, JENNIFER FORESTA, Counsel for Petitioner

State Of Utah, Plaintiff /Respondent Vs. Elbert John Pule, Defendant /Petitioner : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2021– )

Reply Brief of Petitioner on Writ of Certiorari

DAVID SIMPSON, SEAN REYES, Counsel for Respondent

DOUGLAS J. THOMPSON, JENNIFER FORESTA, Counsel for Petitioner

D.W.. L.T., J.G.. Plaintiffs/ Appellees. V. Fpa Sandy Mall Associates, A Utah Limited Liability Corporation, Defendant/ Appellant : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2021– )

On petition for permission to appeal an interlocutory order from the Third Judicial District Court, Salt Lake County Before the Honorable Randall Skanchy Civil Case No. 220902143

MICHAEL W. YOUNG, ANDRES MORELLI, Attorneys for Plaintiffs /Appellees

VINCENT J. VELARDO, Attorneys for Defendant FPA Sandy Mall Associates, Defendant/Appellant

Washington Townhomes, Llc; Homes By Harmony, Inc.; Cotton Meadows, Llc; Salisburty Development Llc; Southern Utah Home Builders Assn.; Ivory Southern, Llc; Perry Homes Utah; Henry Walker Construction Of Southern Utah, Llc, Plaintiffs /Appellees, V. Washington County Water Conservancy District, Defendant /Appellant : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Fifth Judicial Court, Salt Lake County, State of Utah

Benson L. Hathaway, Jr., Justin W. Starr, Adam D. Wahlquist, Thomas K. Checketts, Craig M. Call, Attorneys for Appellees

Robert C. Keller, Scott P. Powers, Melinda K. Bowen, Nathanael J. Mitchell, Attorneys for Appellant

State Of Utah, Plaintiff/ Respondent, V. William Torres-Orellana, Defendant /Petitioner : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2021– )

On Writ of Certiorari from the opinion of the Utah Court of Appeals, State v. Torres-Orellana, 2021 UT App 75 (issued July 9, 2021)

David A. Simpson, Sean Reyes, Counsel for Respondent

Emily Adams, Freyja Johnson, Cherise Bacalski, Counsel for Petitioner

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

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

C. Leon Nelson And Marilynn Tetrick, Defendants/ Appellants, V. Karen Goldberg, Marc Goldberg, Thomas Goldberg Elaina Friedman, And Martin Krone, Plaintiffs /Appellees : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2021– )

Cameron L. Sabin, Joshua Cutler, Counsel for appellees

Cameron L. Sabin, Joshua Cutler, Counsel for appellees

Ryan B. Hancey, Adam L. Grundvig, J. Adam Knorr, Counsel for appellants

State Of Utah, Plaintiff /Appellee, V. Phillip Mason King, Defendant /Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Second Judicial District Court, Weber County, Honorable Michael DiReda, District Court No. 191900996

Sean Reyes, Counsel for Appellee

Freyja Johnson, Hannah Leavitt-Howell, Counsel for Appellant

The Local Pages Of Nevada, Llc, Plaintiff/Appellant V. Plumb Line Mechanical, Inc., Defendant/Appellee : Brief Of Appellant, 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, David B. Nielson, 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 : , Vista Heights Investments, _ | 70220785-Ca Llc, A Utah Limited Liability Company : Brief Of Appellant, 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

C. Leon Nelson And Marilynn Tetrick, Defendants/Appellants, V. Karen Goldberg, Marc Goldberg, Thomas Goldberg Elaina Friedman, And Martin Krone, Plaintiffs/Appellees : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2021– )

Interlocutory Appeal from the Third Judicial District Court, Salt Lake County, Honorable Richard D. McKelvie

Cameron L. Sabin, Joshua Cutler, Counsel for appellees

Ryan B. Hancey, Adam L. Grundvig, J. Adam Knorr, Counsel for appellants

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

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

Utah Supreme Court Briefs (2021– )

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

Christiansen Law, PLLC Stephen K. Christiansen Kathleen M. Liuzzi M. Kelton Gardner Counsel for Appellant Tiffany Bingham

Benjamin K. Lusty (12159) Cami R. Schiel (16941) Brian P. Miller Andrew L. Roth Counsel for Appellee George C. Gourley Kirk G. Gibbs (5955) Devin H. Geier (18935) Counsel for Appellee McKay L. Platt, M.D.

Scaling Daos Through Fiduciary Duties, Alex Dolphin

BYU Law Review

DAOs (Decentralized Autonomous Organizations) are a unique type of business organization due in large part to their directly democratic governance structure. Owners of DAOs, “tokenholders,” do not delegate control to a board or a general partner. Rather, tokenholders directly control a DAO and must approve every action that a DAO takes. Because tokenholders do not delegate control to an agent, the principal-agent problem is tempered in DAOs. The principal-agent problem is the basis for the fiduciary duties that govern traditional business organizations. These fiduciary duties are meant to prevent agents entrusted with power by their principals from self-dealing. Some have …

Tiffany Bingham, Appellant V. George C. Gourley, D.O.. Mckay L. Platt, M.D., And Does I-X. Appellees. : Brief Of Appellee, 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

Christiansen Law, PLLC, Stephen K. Christiansen, Kathleen M. Liuzzi, M. Kelton Gardner, Counsel for Appellant Tiffany Bingham

Benjamin K. Lusty, Cami R. Schiel, Brian P. Miller, Andrew L. Roth, Counsel for Appellee George C. Gourley, Kirk G. Gibbs, Devin H. Geier, Counsel for Appellee McKay L. Platt, M.D.

Byu Law Review Subscription Information

BYU Law Review

No abstract provided.

Gender, Credentials, And M&A, Tracey E. George, Mitu Gulati, Albert Yoon

BYU Law Review

For the past several decades, women have made up roughly half of law school classes and the ranks of entering law firm associates. Attrition between entry to law firms and partnership results in women comprising 20% to 25% of partners. But is there yet more attrition to the top of the partnership pyramid? Analyzing the past decade of data on publicly filed M&A deals and detailed biographical information of M&A lawyers, we find that women make up fewer than 10% of deal leaders. When we look at the factors that determine who becomes a deal leader, we find that credentials—both …

Saying What The Law Should Be, F. Andrew Hessick

BYU Law Review

Recent years have seen a resurgence of the view that the role of the federal courts is to declare what the law is, not what the law should be. Scholars and judges, including a majority of the current U.S. Supreme Court justices, have expressed this view that the law is fixed at its creation and the function of courts is to declare its meaning. But this view is inaccurate. Descriptively, federal courts often say what the law should be. Judges fashion common law, inject their views into interpretations, and issue opinions that do not merely describe the law but have …

Rights Without A Remedy: Detained Immigrants And Unlawful Conditions Of Confinement, Brandon Galli-Graves

BYU Law Review

No abstract provided.

Frederick Douglass And The Original Originalists, Bradley Rebeiro

BYU Law Review

Constitutional scholars incessantly grapple over the significance of the Constitution’s original meaning. More specifically, they are preoccupied with, on the one hand, what that meaning is (if such meaning exists) and, on the other hand, the exact nature of that meaning’s authority (if any) over the Constitution and its interpreters. But this debate is hardly novel. In fact, one of the most compelling voices in U.S. history was immersed in similar debates and, out of the constitutional sparring of his time, forged an arresting theory of constitutional interpretation. Frederick Douglass, once a fierce opponent of the U.S. Constitution, evolved into …

The Failure Of Market Efficiency, William Magnuson

BYU Law Review

Recent years have witnessed the near total triumph of market efficiency as a regulatory goal. Policymakers regularly proclaim their devotion to ensuring efficient capital markets. Courts use market efficiency as a guiding light for crafting legal doctrine. And scholars have explored in great depth the mechanisms of market efficiency and the role of law in promoting it. There is strong evidence that, at least on some metrics, our capital markets are indeed more efficient than they have ever been. But the pursuit of efficiency has come at a cost. By focusing our attention narrowly on economic efficiency concerns—such as competition, …

2022 Byu Law Review Masthead

BYU Law Review

No abstract provided.

State Of Utah, Appellee/Plaintiff V. Troy P. Fraughton, Appellant/Defendant. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

APPEAL FROM CONVICTION AND JUDGMENT FOR DRIVING UNDER THE INFLUENCE, THIRD DEGREE FELONY, AND FAILURE TO STAY IN ONE LANE, AN INFRACTION, THE HONORABLE CHRISTIN JOHNSON PRESIDING FOURTH DISTRICT, UTAH COUNTY, STATE OF UTAH, DISTRICT COURT CASE 191402497

SEAN D. REYES, Attorney for Appellee

STACI VISSER, ANN MARIE TALIAFERRO, Attorneys for Appellant Fraughton

State Of Utah, Plaintiff/Respondent V. Michael Jerry Felts, Defendant/Petitioner : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2021– )

Certiorari review of this case arises from a court of appeals' decision affirming the district court's ruling that it could not review a restitution award from the Board of Pardons and Parole following Felts's guilty plea for aggravated assault on a police officer, a third-degree felony, and failure to stop at the command of a police officer, a third-degree felony, in the Third Judicial District Court, in and for Salt Lake County, State of Utah, the Honorable L. Douglas Hogan, presiding.

EMILY SOPP (17599) Assistant Solicitor General SEAN D. REYES (7969) Utah Attorney General Attorneys for Respondent

NATHALIE S. SKIBINE …