Digital Commons Network^™

Debra Jean Ream, Appellant V. Jacob Ream, Appellee : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal taken from the orders entered by Judge Derek P Pullan in the Fourth Judicial District Court of Utah County, Case Number 230400484

Ryan J. Schriever, Daniel G. Shumway, Attorneys for Appellant

State Of Utah, Plaintiff And Appellee, V. Donald Dee Anderson, Defendant And Appellant.: Brief Of Appellant

Utah Appeals Court Briefs

Appeal from Sentence, Judgment, Commitment entered March 14, 2022, and denial Defendant’s motion to suppress pursuant to Sery plea of the Second Judicial District Court in and for Davis County, the Honorable Michael S. Edwards, presiding

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

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 …

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

Utah Court of Appeals Briefs (2020 –)

On appeal from the Fifth Judicial District Court, Iron County Hon. Ann Marie McIff Allen

Shane A. Klenk, Attorney for Appellee State of Utah

Scott A. Hagen, Attorney for Appellant Justin Simnitt

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 …

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 …

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 …

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 …

Rebeca Boza Arauz V. Juan Carlos Quiquivix Oroczo : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Fourth Judicial District Court, Honorable Robert Lund, District Court No. 234400119

Juan Carlos Quiquivix Orozco, PRO SE, Pro Se for Appellant Juan Carlos Quiquivix Orozco

Julie J. Nelson, Attorneys for Appellee Rebeca Boza Arauz

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

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

Utah Court of Appeals Briefs (2020 –)

ON APPEAL FROM THE GRANTING OF SUMMARY JUDGMENT IN FAVOR OF THE DEFENDANT BY HONORABLE CHRISTINE JOHNSON OF THE FOURTH JUDICIAL DISTRICT COURT IN AND FOR UTAH COUNTY, STATE OF UTAH

S. Spencer Brown (#13157) Jack D. Smart (#15737) STRONG & HANNI

SEAN NOBMANN, Utah Bar No. 14064 SEAN NOBMANN PC Attorney for Appellant

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

Where Do Families Come From? The Law Of Family Definition, Katharine Baker

BYU Law Review

Why does the law recognize families? Sometimes family recognition serves to foster cooperative communities in which sharing norms, more than the market or the government, determine rights and obligations. These communities often take care of dependents and serve as important sources of individual self-determination and pluralism. At other times, family delineation serves a corrective purpose, when it forces family members who are not sharing with each other to do so. At still other times, family delineation serves a distributive purpose, as when the law uses “family” definition to distribute resources to determine an intended beneficiary. This use of “family” for …

Full Issue

BYU Law Review

No abstract provided.

Ordinary Meaning As Last Resort: The Meaning Of "Undue Hardship" In Title Vii, James Phillips

BYU Law Review

Ordinary meaning reigns supreme in modern statutory interpretation. Yet that supremacy can cause an interpreter to miss specialized meaning. And the Supreme Court has never fully clarified when ordinary meaning must give way to specialized or technical meaning.

This Article attempts to provide doctrinal clarification as to when one should use ordinary as opposed to other meanings through putting the doctrinal pieces together in a full and coherent way. That doctrinal clarity leads to a methodological refinement: rather than the starting point, ordinary meaning is the ending point of statutory interpretation.

This Article applies this doctrine and methodology, as well …

The Harm In The Fiduciary Myth, Kelli Alces Williams

BYU Law Review

Fiduciary law has become the doctrine of choice in scholarship aiming to protect vulnerable parties from powerful decisionmakers. But fiduciary law cannot fill all the gaps in those impersonal, public relationships because the beneficiary class is large, disparate, and widely dispersed. Public leaders and decision makers cannot zealously pursue the interests of all parties vulnerable to their decision making and they are often driven by various personal interests in choosing which set of beneficiary interests to prioritize. The persistent myth that leaders of large groups are fiduciaries and that fiduciary obligation is the answer to all power imbalance problems harms …

Navigating Section Three From Griffin’S Case To The Case Of Couy Griffin: Who Should Decide Its Longstanding Questions?, Austin Carpenter

BYU Law Review

Section Three of the Fourteenth Amendment was a long-dormant constitutional provision enacted to bar former Confederates from political office. Then, as a result of the shocking political violence at the United States Capitol on January 6, 2021, Section Three suddenly found itself resurrected into the national political discussion. Scholars and courts are now grappling with Section Three’s original meaning and modern application to those politicians and office holders whose conduct led to the events on January 6 — events that interrupted the peaceful transfer of power and left a stain on the United States’ democratic tradition.

Yet, use of Section …

Expectation V. Reality: Practical Problems With The Right Of First Refusal As A Defense Against Eminent Domain, Aerin Christensen

BYU Law Review

In the wake of the U.S. Supreme Court’s decision in Kelo v. New London, many states enacted new laws to protect property owners from eminent domain. One possible defense for property owners is a statutory right of first refusal. In theory, this is a common-sense protection that ensures that if property is not needed for a public use, it is returned to the original owner. Unfortunately, in practice a right of first refusal is not always an effective protection for property owners.

The plaintiff’s experience in the Utah case Cardiff Wales, LLC v. Washington County School District demonstrates Utah’s statutory …

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

Utah Court of Appeals Briefs (2020 –)

Appeal from a Final Order of the Fifth Judicial District Court in and for Washington County, State of Utah. Trial Judge Keith C. Barnes

Appeal from a Final Order of the Fifth Judicial District Court in and for Washington County, State of Utah. Trial Judge Keith C. Barnes ATTORNEYS FOR APPELLANTS

Tamara Lee Powell, Appellant V. Dean Deloy Powell, Appellee : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the Third Judicial District Court, Salt Lake County, Honorable Mark Kouris, District Court No. 224906380

Dennis R. James, Counsel for Appellant

David M. Corbett, Counsel for Appellee

State Of Utah, Plaintiff/ Appellee V. Julie Starr Bland, 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 Craig Hall, District Court No. 201902050

Stephen Starr, Steven Lee, Counsel for Appellee

Emily Adams, Anna Grigsby, Counsel for Appellant

State Of Utah, Plaintiff/ Appellee V. Cory Jason Thomas, 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 Judge Hyde, District Court No. 211900875

Christopher F. Allred, Benjamin Gabbert, Counsel for Appellee

Hannah Leavitt-Howell, Jessica Hyde Holzer, Counsel for Appellant

Afsanteen, Llc, A Utah Limited Liability Company Plaintiffs/ Appelants V. Michael Mansfield, An Individual; David R. Salo, An Individual; Joseph E. Monson, Jr., An Individual; Smart Tech Development, Llc, A Wyoming Limited Liability Company; And John Does 1-50 Defendants/ Appellees : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

ON APPEAL FROM THE FOURTH JUDICIAL DISTRICT COURT, UTAH COUNTY HONORABLE DEREK P. PULLAN, DISTRICT COURT NO. 220400578

Sean N. Egan, Attorney for Appellees