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Clark V. Clark : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the Fifth Judicial District Court, Iron County, State of Utah The Honorable Matthew L. Bell District Case 170500181

Frank D. Mylar (5116) MYLAR LAW, P.C. Counsel for Appellants/Defendants

Matthew Barlow V. Raymond Hour : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Third Judicial District Court, Salt Lake County, Honorable Coral Sanchez, District Court No. 170900003

Benjamin S. Ruesch Tony G. Jones RUESCH & REEVE, PLLC Counsel for Appellee

Jeffrey T. Colemere (8527) COLEMERE GIBBS, PLLC Tamara J. Hauge (4334) SMART, SCHOFIELD, SHORTER PC Emily Adams (14937) THE APPELLATE GROUP Counsel for Appellant

State Of Utah, Plaintiff/ Appellee V. Daniel Macbeth, Defendant/ Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Fourth Judicial District Court, Utah County, Honorable Robert C. Lunnen, District Court No. 211402124

Sean Reyes, Counsel for Appellee

Freyja Johnson, Rachel Phillips Ainscough, Counsel for Appellant

The Byu Advocate, J. Reuben Clark Law School

The BYU Advocate (& Annual Reports)

"As BYU Law celebrates 50 years of excellence, we reflect on the foundational commitments that set the Law School apart.

"Among law schools, BYU’s aims are unique. Our mission statement reads, 'In striving to emulate [the] example [of Jesus Christ], we seek to be and develop people of integrity who combine faith and intellect in lifelong service to God and neighbor.'"

– Dean David H. Moore

James Moyle V. Brianna Moyle : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from ruling of the Honorable Judge Jennifer Mabey of the Fourth Judicial District in and for Wasatch County as to a Petition for Divorce under U.C.A. § 30-3-1, et. seq.

Brody N. Miles, 15201 Moody Brown Law Attorney for James Moyle

Sarah Jenkins Dewey Bart Johnsen Hannah Ector Parsons Behle & Latimer Attorneys for Brianna Moyle

James K. Moyle Petitioner/ Appellant V. Brianna Moyle Respondent/ Appellee : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from ruling of the Honorable Judge Jennifer Mabey of the Fourth Judicial District in and for Wasatch County as to a Petition for Divorce under U.C.A. § 30-3-1, et. seq.

Brody N. Miles, Attorney for James Moyle Appellant

Sarah Jenkins Dewey, Bart Johnsen, Hannah Ector, Attorneys for Brianna Moyle Appellee

State Of Utah Plaintiff/ Appellee V. Andrew Donn Whytock Defendant/ Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from two convictions for aggravated assault, a first degree felony, in the Fourth Judicial District, Millard County, the Honorable Donald Eyre presiding

CHERISE BACALSKI, FREYJA JOHNSON, EMILY ADAMS, Counsel for Appellant

MARIAN DECKER, SEAN D. REYES, PATRICK S. FINLINSON, Counsel for Appellee

Spanish Fork City Plaintiff/ Appellee V. Christian Jackson Defendant Appellant : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

ANA BURGIS, TANNER PREECE, Counsel for Appellee

NATHAN E. BURDSAL, HUTCH U. FALE, Counsel for Appellant

Jeremy Store Petitioner/ Appellant V. Utah Labor Commission And Nakeishia Poulton, Respondents/Appellees : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the Utah Labor Commission, Case No. 8-07-0448

Tyler James Larsen, Counsel for Appellant

Brian Jackson, Christopher Hill, Counsel for Appellee

David Freestone And Janet Freestone Plaintiffs/ Appellants V. Corey Walton And Heather N. Walton Defendants/ Appellees : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

APPEAL FROM THE SECOND JUDICIAL DISTRICT COURT IN AND FOR WEBER COUNTY, STATE OF UTAH, FROM AN ORDER WHICH GRANTED SUMMARY JUDGMENT IN FAVOR OF THE DEFENDANTS/APPELLEES, BEFORE THE HONORABLE JOSEPH BEAN CIVIL NO. 210901418

Russell A. Cline, Attorneys for Appellees/Defendants

Brett D. Cragun, Attorneys for Appellants/Plaintiffs

Esther Reid V. Rebath, L.C. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Fourth Judicial District Court, Utah County Honorable Christine Johnson, District Court No. 1200400795

Sean Nobmann Attorney for Plaintiffs/Appellants

S. Spencer Brown (13157) STRONG AND HANNI Attorneys for Defendant/Appellee

State Of Utah, Plaintiff And Appellee V. Jessica Buck, Defendant And Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

ON DIRECT APPEAL FROM A SENTENCE JUDGMENT COMMITMENT ENTERED BY THE HONORABLE JUDGE JEREMIAH HUMES OF THE SEVENTH JUDICIAL DISTRICT COURT IN AND FOR CARBON COUNTY, STATE OF UTAH

K. ANDREW FITZGERALD, Attorney for Appellant

State Of Utah V. Dean Spencer : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

APPEAL FROM THE FOURTH DISTRICT COURT, UTAH COUNTY, STATE OF UTAH, FROM A CONVICTION ON ONE COUNT OF DUI, A CLASS B MISDEMEANOR, BEFORE THE HONORABLE JUDGE DENISE PORTER

PETER REICHMAN JEFFREY GRAY Utah County Attorney Counsel for Appellee

JENNIFER L. FORESTA (12212) Utah County Public Defender Assoc. Appeals Division Attorneys for Appellant

Taylor Lajeunesse, Petitioners/Appellants V. City Of Cottonwood Heights, City Of Holladay, Respondents/Appellees : Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2021– )

On appeal from the Third Judicial District Court, Salt Lake County, Honorable Robert P. Faust, District Court No. 230902854

Andrew Deiss (7184) John Robinson Jr. (15247) David Ferguson (16043) DEISS LAW, P.C. Attorneys for Appellant

Matthew D. Church (15574) Kendra M. Brown (16409) MANNING CURTIS BRADSHAW & BEDNAR PLLC Attorneys for Appellees

James Mortensen V. Labor Commission, Quality Pool & Spa : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

AN APPEAL FROM THE LABOR COMMISSION OF UTAH

Jaceson Maughan/Christopher Hill Utah Labor Commissioner Labor Commission of Utah CODY G. KESLER RICHARDS BRANDT MILLER NELSON Attorneys for Respondents

Loren M. Lambert, No. 5101 Attorney for Appellant ARROW LEGAL SOLUTIONS GROUP, PC

Michael Cook An V. Ivins City : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appellate C ase No.: 20230768-CA Trial Court Case No.: 220500679

Honorable Keith C. Barnes

Michael Cook An V. Ivins City : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

appeal from a final order of the Fifth District Court for Washington County, The Honorable Keith C. Barnes ____________________________________________

Spanish Fork City Plaintiff/ Appellee V. Christian Jackson Defendant Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

TANNER PREECE, Counsel for the Appellee

NATHAN E. BURDSAL, HUTCH U. FALE, Counsel for Appellant

State Of Utah V. Alberto Frank Hernandez : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

An appeal from a judgment of conviction of aggravated assault, a third-degree felony; and obstructing justice, a class A misdemeanor; in the Third Judicial District Court, Salt Lake County, State of Utah, the Honorable Heather Brereton, presiding.

SEAN D. REYES (7969) Utah Attorney General Attorney for Appellee

ERICK GRANGE (18000) Salt Lake Legal Defender Assoc. Attorney for Appellant

Flattening The Curve: Why Amending The International Health Regulations Is The Common-Sense Solution To Future Pandemics, Brittney Graff

BYU Law Review

The COVID-19 pandemic presented an unprecedented challenge for the World Health Organization (WHO) and international community. The outbreak and ongoing pandemic prompted States to reassess the efficacy of the International Health Regulations (IHR). In November 2021, the World Health Assembly (WHA) decided to develop a new agreement to increase international pandemic preparedness. This paper analyzes the current gaps in the IHR to present a pragmatic approach wherein the WHA would amend rather than replace the IHR. It starts by examining the purpose and history of the IHR, including past revisions. It then addresses the constitutional framework of the IHR, and …

A Theory Of Corporate Fiduciary Duties, Benjamin Johnson

BYU Law Review

Corporate law lacks a general theory of a board’s power as fiduciary, and consequently, the law governing corporate fiduciary duties is notably unstable. This Article offers a novel theory that grounds corporate fiduciary duties in stronger microeconomic and legal foundations. The theory, coined the Judicial Monitoring Model (JMM), shows that even imperfect judicial monitoring makes shareholders and boards better off, even when there is no claim of a breach of the duties of loyalty or care as currently understood. The JMM synthesizes the law governing corporate fiduciary duties and other doctrines that protect principals, beneficiaries, and creditors from the risk …

The Esg Gap, Sharon Hannes, Adi Libson, Gideon Parchomovsky

BYU Law Review

The corporate world is undergoing a transformation: there has been a dramatic influx in demand for companies to promote environmental, social, and governance (ESG) values. Yet these preferences do not necessarily translate into effective corporate actions. In this Article, we underscore the structural problems that prevent such preferences from steering the corporate ship full steam ahead toward ESG goals. We analyze the central actors in the corporate sphere that can potentially bring about such change on the ground: managers, institutional investors, and activist hedge funds. We demonstrate that none of these actors have the two central elements required for promoting …

The Erosion Of Judicial Discretion: Why Congress And The Court Should Curb Restrictions For Bankruptcy Judges, Mason Spedding

BYU Law Review

This Note argues that reducing bankruptcy courts’ discretionary powers is a policy mistake because broad-sweeping legislation cannot adequately account for every circumstance presented by debtors. Bankruptcy is a unique field of law that requires unique rules; unlike a purely uniform bankruptcy system that is inherently over- and under-inclusive, a system of judiciously broad discretionary powers enables bankruptcy courts to find the optimal solutions to new issues on a case-by-case basis. Rather than restricting the discretionary powers of bankruptcy judges, Congress should enact a set of standards for judges to consider when evaluating individual cases. Under this system, judges would be …

Full Issue

BYU Law Review

No abstract provided.

Standing And Criminal Law, F. Andrew Hessick, Sarah A. Benecky

BYU Law Review

According to the Supreme Court, the “irreducible constitutional minimum of Article III standing” is a concrete, particularized injury in fact that is traceable to the defendant and redressable by a favorable judgment. But this set of requirements does not apply in criminal cases. The federal government has authority to bring prosecutions for any violation of federal criminal law, regardless of whether the crime caused concrete harm to the United States or anyone else, and even though the punishment for the crime does not redress an injury in any conventional sense.

This Article argues that the difference in standing requirements between …

Consumption Governance: The Role Of Production And Consumption In International Economic Law, Timothy Meyer

BYU Law Review

Over the last decade, international economic conflict has increased dramatically. To name only a few examples, the European Union banned the import of products from deforested land and is poised to impose duties on carbon-intensive imports; the United States banned Chinese imports made with forced labor; and countries the world over threatened to impose digital services taxes on U.S. corporations, leading to a new multilateral agreement on apportioning income tax revenue among countries.

This Article argues that these conflicts represent a shift in norms governing the authority to tax and regulate international commerce. Different fields within international economic law describe …

Clark Memorandum: Spring 2024, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society

The Clark Memorandum

• Facing Fear with Faith
• The Great Law(s) of Peace
• Grace in the Law School

Glenn Howard Griffin, Petitioner/ Appellant V. State Of Utah, Respondent/ Appellee : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from an order granting Summary Judgment for the State dismissing Glenn Griffin’s petition under the Post-Conviction Relief Act entered in the First District Court, the Honorable Judge Spencer Walsh presiding. Case No. 170100200.

DAVID FERGUSON, Counsel for Appellant

Sean Reyes, Attorney for the Appellee

David Freestone And Janet Freestone Plaintiffs/ Appellants V. Corey Walton And Heather N. Walton Defendants/ Appellees : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

APPEAL FROM THE SECOND JUDICIAL DISTRICT COURT IN AND FOR WEBER COUNTY, STATE OF UTAH, FROM AN ORDER WHICH GRANTED SUMMARY JUDGMENT IN FAVOR OF THE DEFENDANTS/APPELLEES, BEFORE THE HONORABLE JOSEPH BEAN

Russell A. Cline, Attorneys for Appellees/Defendants

Brett D. Cragun, Attorneys for Appellants/Plaintiffs

Steven Beverlin V. Gail Beverlin : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Second Judicial District Court, Honorable Joseph Bean, District Court No. 214900271

Charles Ahlstrom SAGE LAW PARTNERS Attorney for Appellant Gail W. Beverlin

Julie J. Nelson (9943) JULIE J. NELSON LAW Attorney for Appellee Steven K. Beverlin