Digital Commons Network^™

False Positivism: The Failure Of The Newest Originalism, Guha Krishnamurthi

BYU Law Review

Originalism is a juggernaut. It pervades our constitutional discourse and it has become a fort and font of constitutional legitimacy. A number of our most prominent jurists and legal thinkers are self-described originalists and, in myriad constitutional cases, originalist argumentation demands our serious attention. Notwithstanding, originalists have struggled to forge any meaningful consensus on the most foundational issues. Among the serious problems, originalist theories have each struggled to navigate between preserving core features and fixed stars of our law and remaining a distinctive theory with fidelity to "original meaning."The newest effort in this struggle is the so called "positive" turn …

2020–2021 Byu Law Review Masthead

BYU Law Review

No abstract provided.

Byu Law Review Subscription Information

BYU Law Review

No abstract provided.

Conflict Of Laws For The Age Of Cybertorts: A Game Theoretic Study Of Corporate Profiteering From Choice Of Law Loopholes And Interstate Torts, Yunsieg P. Kim

BYU Law Review

This Article identifies a choice of law loophole that corporations can exploit to commit interstate torts against individuals without paying damages by inducing victims to sue in a state where they are guaranteed to lose. The Second Restatement effectively requires plaintiffs bringing interstate tort claims to allege which state has the most significant relationship to their injury, because most federal courts rely on plaintiffs allegations to choose a state law for the purpose of resolving motions to dismiss. However, when torts are committed over state lines (for example, over the internet), plaintiffs can be misinformed or misled as to where …

The Role Of Courts In The Evolution Of Standard Form Contracts: An Insurance Case Study, Daniel Schwarcz

BYU Law Review

Standard form contracts are a pervasive feature of modern commercial life for ordinary consumers and big businesses alike. Yet remarkably little is currently known about how and when these contracts evolve in response to judicial decisions that interpret and apply them in individual disputes. Homeowners insurance policies offer a particularly fertile ground for studying this issue due to both the prominence of the insurance law doctrine that ambiguities are interpreted against the drafter and the historic standardization of insurance policies across different insurers. Utilizing a unique hand collected dataset, this Article empirically investigates the links between innovation in the dominant …

Pregnancy During Incarceration: A “Serious” Medical Need, Rahgan Jensen

BYU Law Review

No abstract provided.

State Of Utah, Plaintiff/Appellee Vs. Alex Christopher Mendoza, Sr. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

APPEAL FROM A JUDGMENT SENTENCE AND CONVICTION OF, OBSTRUCTING JUSTICE, UTAH CODE ANN. § 76-8-306(1), A CLASS A MISDEMEANOR IN THE THIRD JUDICIAL DISTRICT COURT

HEATHER LINDSAY, Esq. DEPUTY DISTRICT ATTORNEY Counsel for Appellee

HERSCHEL BULLEN Attorney at Law Counsel for Appellant

M.N.V. Holdings, L.C., Appelant V. 200 South Llc, Appelle : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the Third Judicial District Court, Salt Lake County Honorable Andrew Stone

Greggory J. Savage Gregory S. Roberts Ray Quinney & Nebeker Attorneys for 200 South LLC

Scott 0. Mercer J. Adam Knorr Kesler & Rust Attorneys for MN. V Holdings, L.C.

Emily Hunsaker, Plaintiff/ Appellant V. American Healthcare Capital, Defendant/ Appellee. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

AN APPEAL FROM A FINAL JUDGMENT ENTERED I THE FOURTH DISTRICT COURT IN AND FOR UTAH COUNTY, STATE OF UTAH

Justin D. Heideman, Justin R. Elswick,

JERE RENEER (7967), Attorney for Appellee

Mark Christopher Tracy Dba, Emigration Canyon Home Owners Association, Petitioner / Appellant, V. Simplifi Company, Jennifer Hawkes And Eric Hawkes, Respondents/Appellees : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from Third Judicial District, Salt Lake County, From Order Granting Motion to Dismiss Petition for De Novo Judicial Review of the Denied Request for Disclosure of Government Records Related to Lead Contamination of a Public Drinking Water System Operated by and in the Sole Custody of a For­ Profit Utah Corporation and Controlling Shareholders by the Honorable Robert P. Faust

JEREMY R. COOK TIMOTHY J. BYWATER TIME. NIELSON Counsel for Appellees

MARK CHRISTOPHER TRACY Pro Se Appellant

State Of Utah, Plaintiff/ Appellee V. Jason Ronald Hulse, Defendant / Appellant : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

APPEAL FROM THE FIRST DISTRICT COURT, BOX ELDER COUNTY, STATE OF UTAH, FROM THE JUDGMENT, SENTENCE, AND COMMITMENT ON ONE COUNT OF POSSESSION OF A FIREARM BY A RESTRICTED PERSON, A SECOND-DEGREE FELONY, AND ONE COUNT OF INJURIOUS LITTERING ON PUBLIC OR PRIVATE LANDS, A CLASS C MISDEMEANOR, ENTERED ON JANUARY 7, 2020, BEFORE THE HONORABLE JUDGE BRANDON J. MAYNARD

SEAN REYES, Utah Attorney General, Appeals Division, Counsel for Appellee

LEAH J. ASTON (15989), Counsel for Appellant

State Of Utah, Plaintiff/ Appellee V. Jason Ronald Hulse, Defendant / Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

APPEAL FROM THE FIRST DISTRICT COURT, BOX ELDER COUNTY, STATE OF UTAH, FROM THE JUDGMENT, SENTENCE, AND COMMITMENT ON ONE COUNT OF POSSESSION OF A FIREARM BY A RESTRICTED PERSON, A SECOND-DEGREE FELONY, ANDONE COUNT OF INJURIOUS LITTERING ON PUBLIC OR PRIVATE LANDS, A CLASS C MISDEMEANOR, ENTERED ON JANUARY 7, 2020, BEFORE THE HONORABLE JUDGE BRANDON J. MAYNARD

SEAN REYES, Counsel for Appellee

LEAH J. ASTON, Counsel for Appellant

Pasquarello, Plaintiffs/ Appellants V. Tcc Veterinary Services, Inc., Dr. Tyler S. Stiens, Artz Vetmed : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2021– )

Third District Court, Summit County Case No. 160500473, Judges Kara Pettit and Kent Holmberg

WRONA DUBOIS, PLLC, Joseph E. Wrona, Attorneys for Appellees

CHRISTIANSEN LAW, PLLC, Stephen K. Christiansen ( 6512), Heidi K. Gordon, Attorneys for Appellants

Pasquarello, Plaintiffs/ Appellants V. Tcc Veterinary Services, Inc., Dr. Tyler S. Stiens, Artz Vetmed : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2021– )

Third District Court, Summit County Case No. 160500473, Judges Kara Pettit and Kent Holmberg

WRONA DUBOIS, PLLC, Joseph E. Wrona, Attorneys for Appellees

CHRISTIANSEN LAW, PLLC, Stephen K. Christiansen ( 6512), Heidi K. Gordon, Attorneys for Appellants

Kourtni Haskell, Plaintiff/ Appellant V. Wakefield & Assocait Es, Inc., And Matthew Frawley, An Individual, Defendants/ Appellees : 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 The Honorable Judge Andrew Stone

Attorneys for Appellees Mark A. Nickel, David Gamer

Attorneys for Appellant, Daniel Baczynski

Michael Earl Noel, Plaintiff / Appellee V. William Thomas James Respondent /Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the Sixth District Court, Kane County, State of Utah The Honorable Marvin D. Bagley District Case 190600053

William James, Pro se Appellant

Frank D. Mylar, Counsel for Appellee

M.N.V. Holdings, L.C., Appelant V. 200 South Llc, Appelle : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

appeal from the Third Judicial District Court, Salt Lake County The Honorable Andrew Stone

Scott 0. Mercer J. Adam Knorr KESLER & Rust Attorneys for MN. V Holdings, L.C.

Greggory J. Savage Gregory S. Roberts RAY QUINNEY & NEBEKER P.C. Attorneys for Appellee 200 South LLC

Sysco Corp., American Zurich Insurance Company, And New Hampshire Insurance Company, Respondents/Appellants V. Utah Labor Commission, And Paul Roberts : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

BRIEF OF AFLELLER PETITIONER BELOW) PAUL ROBERTS

Brad Miller Attorney for Appellants

Brian Kelm Attorney for Appellee Roberts Christopher Hill General counsel for Appellee ULC

Sysco Corp. And American Zurich Insurance Company, Appellant/Respondents V. Labor Commission And Paul Roberts, Appellee/Petitioner: Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

BRIEF OF APPELLEE (PETITIONER BELOW) PAUL ROBERTS

Brad Miller Attorney for Appellants Pollart Miller LLC

Brian Kelm Attorney for Appellee Roberts Christopher Hill General Counsel for Appellee ULC

Engineering The Modern Administrative State: Political Accommodation And Legal Strategy In The New Deal Era, Daniel B. Rodriguez, Barry R. Weingast

BYU Law Review

Administrative constitutionalism in the United States has been characterized by tension and accommodation. The tension reflects the unsettled nature of our constitutional scheme, especially with regard to separation of powers, and also the concern with agency discretion and performance. Still and all, we have accommodated administrative constitutionalism in fundamental ways, through a constitutional jurisprudence that, in the main, accepts broad delegations of regulatory power to the bureaucracy and an administrative law that oversees agency actions under procedural and substantive guidelines. This was not always the case. In this Article , part one of a larger project, we revisit the critical …

Byu Law Review Masthead: Volume 46

BYU Law Review

No abstract provided.

Byu Law Review Subscription Information

BYU Law Review

No abstract provided.

The Case For Empowering Quality Shareholders, Lawrence A. Cunningham

BYU Law Review

Anyone can buy stock in a public company, but not all shareholders are equally committed to a company’s long-term success. In an increasingly fragmented financial world, shareholders’ attitudes toward the companies in which they invest vary widely, from time horizon to conviction. Faced with indexers, short-term traders, and activists, it is more important than ever for businesses to ensure that their shareholders are dedicated to their missions. Today’s companies need "quality shareholders," as Warren Buffett called those who "load up and stick around," or buy large stakes and hold for long periods.

While scholars in recent years have extensively debated …

Taxing Parents: Welfarist Theories, Shannon Weeks Mccormack

BYU Law Review

The Internal Revenue Code (the "Code") taxes parents inequitably. Couples with a sole earner are undertaxed compared to couples with dual earners and to single parents. Legal tax scholarship (including my own) has identified the many inequities that result from this sole-earner bias and have called for its elimination. But while these arguments have been sufficient for some, they do remain susceptible to the criticism that they are theoretically incomplete.

That critique might proceed as follows. Simply establishing that an inequity exists does not create a full argument for legal reform. After all, it might be argued, the Code plays …

Utilitarian Triage In Disasters, Alyssa Nielsen

BYU Law Review

No abstract provided.

Netflix And (Tax) Bill: Retail Sales Taxation Of Services, Grace Stephenson Nielsen

BYU Law Review

No abstract provided.

Disparate Impact Claims And Punitive Damages: Justified Abrogation Of State Sovereign Immunity, Brad Stewart

BYU Law Review

No abstract provided.

State Of Utah, Plaintiff/Appellee V. Darren C. Bluemel, Defendant/Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Thomas brunker, Asst. Att. Gen , Attorney for Plaintiff- Appellee

Darren C. Bluemel, Pro Se Defendant - Appellant

H&P Lnvestments, Homer K. Cutrubus, And Phidia Cutrubus, Appellees V. Ilux Capital Management, Llc, F0rtius Financial Advisors, Llc, Roberto G. Buchanan, And Jeff M. Bollinger, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Second Judicial District Court, Weber County, Honorable Jennifer Valencia, District Court No. 140907033

James C. Lewis Chase Kimball LEWIS HANSEN PLESHE FLANDERS LLC Attorney for Appellees

Troy L. Booher (9419) Beth E. Kennedy (13771) Dick J. Baldwin (14587) Zimmerman Booher Attorney for Appellants

Mark Christopher Tracy Dba, Emigration Canyon Home Owners Association, Petitioner / Appellant, V. Simplifi Company, Jennifer Hawkes And Eric Hawkes, Respondents/Appellees : Brief Of Appellees, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the Third District Court, Salt Lake County, Judge Robert P. Faust, Case No. 200905123

JEREMY R. COOK TIMOTHY J. BYWATER TIMOTHY E. NIELSON Cohne Kinghorn P.C. Counsel for Appellees

MARK CHRISTOPHER TRACY Pro Se Appellant