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

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

State Of Utah, Plaintiff/Appellee V. Lisa Yvonne Oreilly, Defendant/Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the Sixth Judicial Di Court For Garfield County. Honorable Judge Mandy Larsen

NICOLAS C. WILDE Law Office of Nicolas C. Wilde, LLC TREVOR J. LEE Hoggan Lee Hutchinson Counsel for Appellant

BARRY HUNTINGTON Garfield Courthouse. Attorney's Office JERRY JAEGER Special Garfield County Attorney Counsel for Appellee

Nicholas Kuhar And Julie Kuhar, Respondent, V. Thompson Manufacturing, Inc., Petitioner : Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2021– )

On Appeal from the Third Judicial District Court, Salt Lake County, State of Utah Judge Kristine Johnson Presiding, District Court No. 190900751 Utah Court of Appeals No. 20200584-CA

Colin P. King, Paul M. Simmons, Matthew Weng, Attorneys for Plaintiffs/ Appellants/ Respondents

Robert L. Janicki, Michael L. Ford, Attorneys for Defendant/ Appellee/ Petitioner

State Of Utah, Plaintiff / Appellee V. Justin Jessop, Defendant / Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from denials of motions to suppress and dismiss, in the Second Judicial District, Weber County, the Honorable Michael DiReda presiding

EMILY ADAMS, FREYJA JOHNSON, Scott D. Goodwin, Counsel for Appellant

NATALIE M. EDMUNDSON, SEAN D. REYES, DEAN L. SAUNDERS, NICHOLAS E. CAINE, Counsel for Appellee

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

Utah Supreme Court Briefs (2021– )

Corrected Brief of Petitioner on Writ of Certiorari

NATHAN JACK, 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– )

Corrected Brief of Petitioner on Writ of Certiorari

NATHAN JACK, SEAN REYES, Counsel for Respondent

DOUGLAS J. THOMPSON, JENNIFER FORESTA, Counsel for Petitioner

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

Utah Supreme Court Briefs (2021– )

On Writ of Certiorari to the Utah Court of Appeals

EMILY ADAMS, FREYJA JOHNSON, Counsel for Petitioner

DAVID A. SIMPSON, SEAN D. REYES, TERAL L. TREE, Counsel for Respondent

Big Game Forever, A Utah Nonprofit Corporation, Appellant, V. Eric S. Peterson, An Individual; The Utah Investigative Journalism Project, A Utah Nonprofit Corporation; Utah Department Of Natural Resources; And The State Records Committee, Appellees.: Brief Of The Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

ON APPEAL FROM THE THIRD DISTRICT COURT, SALT LAKE COUNTY, UTAH BEFORE THE HONORABLE KARA PETTIT

D. Loren Washburn, Trinity Jordan

David C. Reymann, Jeffrey J. Hunt, Attorneys for Appellees Peterson and The Utah Investigative Journalism

Taylor Lynn Scott, Respondent / Appellee V. Sarah Catherine Benson, Appellant / Petitoner : Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2021– )

On Writ of Certiorari from the Utah Court of Appeals No. 20210280-СA Following appeal from the Third Judicial District Court, Honorable Richard D. McKelvie, District Court No. 194903038

Julie J. Nelson, Alexandra Mareschal, Attorneys for Appellant Sarah Catherine Benson Cooper

Jeremy Jones, Jeffrey C. Jensen, Attorneys for Appellee Taylor Lynn Scott

Michael Robert Tilleman, Appellant /Petitioner V. Michal Christine Tilleman, Appellee /Respondent : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from an order of the Honorable James Brady in the Fourth Judicial District Court, Case No. 164402522

Julie J. Nelson, Attorney for Michael Robert Tilleman

Douglas B. Thayer, Andy V. Wright, Jessica Griffin Anderson, Attorneys for Michal Christine Tilleman

Michael Robert Tilleman, Appellant V. Michal Christine Tilleman, Appellee : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

appeal from an order of the Honorable James Brady in the Fourth Judicial District Court, Case No. 164402522

Julie J. Nelson, Attorney for Michael Robert Tilleman

Douglas B. Thayer, Attorneys for Michal Christine Tilleman

The Byu Advocate, J. Reuben Clark Law School

The BYU Advocate (& Annual Reports)

"… I am inspired with a sense of hope and gratitude. We will continue to experience adversity and to face obstacles—socially, personally, and politically—that may at times seem intractable. But judging by the successes of our past and seeing in our students a glimpse of our future, I am confident that BYU Law and the BYU Law community will continue to flourish in adversity." – D. Gordon Smith

Nicholas Kuhar And Julie Kuhar, Respondent, V. Thompson Manufacturing, Inc., Petitioner : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2021– )

Appeal from the Third Judicial District Court, Salt Lake County, State of Utah Judge Kristine Johnson Presiding, District Court No. 190900751 Utah Court of Appeals No. 20200584-CA

Colin P. King, Paul M. Simmons, Matthew Weng, Attorneys for Plaintiffs/ Appellees/ Respondents

Robert L. Janicki, Michael L. Ford, Attorneys for Defendant/Appellant/Petitioner Thompson Manufacturing, Inc.

Table Of Contents

BYU Law Review

No abstract provided.

2022 Byu Law Review Masthead

BYU Law Review

No abstract provided.

Byu Law Review Subscription Information

BYU Law Review

No abstract provided.

The Million-Dollar Diversity Docket, Steven Gensler, Roger Michalski

BYU Law Review

Congress has always imposed an amount in controversy requirement for general diversity jurisdiction. Congress initially set the jurisdictional amount at $500 in 1789 and has raised it six times, most recently in 1996 to its current $75,000 threshold. That requirement has been described as ensuring that the federal courts not become bogged down by “petty” or “insubstantial” state-law cases. Given that it has been twenty-five years since the last increase, we are probably overdue for another one. But to what amount? For what purpose? And with what effects on the size and composition of the diversity docket? What would happen …

The Copyright Wasteland, Shani Shisha

BYU Law Review

The Copyright Act grants certain exclusive rights to authors of creative works. But many of these exclusive rights are notoriously underspecified. And while a rich body of case law grapples with one copyright entitlement—the right to reproduce the copyrighted work— courts rarely engage in earnest with other exclusive rights. As a result, courts appear to have only a rudimentary understanding of the precise scope of copyright law. Because courts focus almost singularly on questions of reproduction, other exclusive rights fall by the wayside. This Article contends, counterintuitively, that the problem is traceable to a much-maligned feature of our copyright system: …

The Parishioner & The Probationer: Make Probation Non-Profit Again, James Rex Lee

BYU Law Review

No abstract provided.

The Legitimacy Of International Human Rights Law—Addressing The Justification Gap, Brock M. Mason

BYU Law Review

No abstract provided.

Public Trauma: Why Utah Should Waive Immunity For Mental Anguish Injuries, Adam Reed Moore

BYU Law Review

No abstract provided.

Dennis C. Ellis And Maria Ellis,. Appellants, V. La Val Enterprises, Ltd., Mikle Val Ellis, Kelly D. Ellis, Shelly Rowlan, And Stacey Rowlan Appellees : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Fourth Judicial District Court, Wasatch County, Honorable Jennifer A. Brown, District Court No. 200500032

David R. Nielson, Nathan D. Anderson, Attorneys for Appellees

Troy L. Booher, Beth E. Kennedy, Caroline A. Olsen, Attorneys for Appellants

Alexis Doutre, Appellant, V. Box Elder County; Brigham City; Union Pacific Railroad Company; And Utah Department Of Transportation, Appellees : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Second Judicial District Court, Weber County, Honorable Noel S. Hyde, District Court No. 180906306

Susan Black Dunn, Attorney for Appellee Box Elder County, Matthew D. Church, Attorney for Appellee Brigham City

Troy L. Booher, Beth E. Kennedy, Taylor P. Webb, Attorneys for Appellant Alexis Doutre

Taylor Lynn Scott, Respondent / Appellee V. Sarah Catherine Benson, Appellant / Petitoner : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2021– )

On Writ of Certiorari to the Utah Court of Appeals On appeal from the Third Judicial District Court, Honorable Richard McKelvie, District Court No. 194903038

Jeffrey C. Jensen, Attorney for Appellee Taylor Lynn Scott

Julie J. Nelson, Alexandra Mareschal, Attorneys for Appellant Sarah Catherine Benson

State Of Utah, Plaintiff/Appellee V, Joshua Martin, Defendant/Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from a final judgment granting the State’s motion for summary judgment and denying the petition for postconviction relief, in the Fourth Judicial District, Utah County, the Honorable James Brady presiding

JOSHUA MARTIN, Appellant Pro Se

MARK C. FIELD, SEAN D. REYES, Counsel for Appellee

2022 Byu Law Review Masthead

BYU Law Review

No abstract provided.

Byu Law Review Subscription Information

BYU Law Review

No abstract provided.

Innovation’S Hidden Externalities, Stephanie Plamondon Bair

BYU Law Review

When commentators discuss innovation’s externalities, they often classify them into one of two categories. On the positive externalities, or “spillovers” side, legal and economics scholars often speak of the benefits innovation confers on other innovators. Future innovators profit from past innovation as they “stand on the shoulders of giants” to develop progressively new and better innovation. Discussion of innovation’s negative externalities, on the other hand, has mainly focused on social harms not directly related to future innovation that particular advances impose on third parties—the classic example being pollution. Thus, the common understanding is that innovation’s spillovers positively impact innovation (among …

The Internet Immunity Escape Hatch, Gregory M. Dickinson

BYU Law Review

Internet immunity doctrine is broken, and Congress is helpless. Under Section 230 of the Communications Decency Act of 1996, online entities are absolutely immune from lawsuits related to content authored by third parties. The law has been essential to the internet’s development over the last twenty years, but it has not kept pace with the times and is now deeply flawed. Democrats demand accountability for online misinformation. Republicans decry politically motivated censorship. And all have come together to criticize Section 230’s protection of bad-actor websites. The law’s defects have put it at the center of public debate, with more than …