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Steven Wallace Hart, Appellant, V. State Of Utah, Appellee.: Brief Of Appellee

Utah Appeals Court Briefs

On appeal from a conviction of two counts of dealing in material harmful to a minor, a third -degree felony, in the Fourth Judicial District Court, Utah County, the Honorable Roger W. Griffin presiding

Mountain West Towing, Et Al., Plaintiffs - Appellees – Cross-Appellants Vs. West Jordan City, Et Al., Defendants – Appellants – Cross-Appellees: Principal Brief Of Cross-Appellants

Utah Appeals Court Briefs

On Appeal from the Third Judicial District Court, Salt Lake County The Honorable Keith Kelly, District Oral Argument Requested

Steven Wallace Hart, Appellant, V. State Of Utah, Appellee.: Appellant’S Reply Brief

Utah Appeals Court Briefs

On appeal from a conviction of two counts of dealing in material harmful to a minor, a third -degree felony, in the Fourth Judicial District Court, Utah County, the Honorable Roger W. Griffin presiding

Mountain West Towing, Et Al., Plaintiffs - Appellees – Cross-Appellants Vs. West Jordan City, Et Al., Defendants – Appellants – Cross-Appellees: Principal Brief Of Cross-Appellants

Utah Appeals Court Briefs

On Appeal from the Third Judicial District Court, Salt Lake County The Honorable Keith Kelly

Mountain West Towing, Et Al., Plaintiffs - Appellees – Cross-Appellants Vs. West Jordan City, Et Al., Defendants – Appellants – Cross-Appellees: Principal Brief Of Cross-Appellants

Utah Appeals Court Briefs

On Appeal from the Third Judicial District Court, Salt Lake County The Honorable Keith Kelly

Steven Wallace Hart, Appellant, V. State Of Utah, Appellee.: Appellant’S Opening Brief

Utah Appeals Court Briefs

On appeal from a conviction of two counts of dealing in material harmful to a minor, a third -degree felony, in the Fourth Judicial District Court, Utah County, the Honorable Roger W. Griffin presiding

State Of Utah, Plaintiff / Appellee, V. Tianikumi Finau Defendant / Appellant.: Appellant’S Opening Brief

Utah Appeals Court Briefs

Appeal from convictions for three counts of forcible sexual abuse and one count of tampering with a witness, all second- degree felonies, in the Third Judicial District, Salt Lake County, the Honorable James Gardner presiding

State Of Utah, Plaintiff / Appellee, V. Tianikumi Finau, Defendant / Appellant.: Brief Of Appellee

Utah Appeals Court Briefs

Appeal from convictions for three counts of forcible sexual abuse and one count of tampering with a witness, all second- degree felonies, in the Third Judicial District, Salt Lake County, the Honorable James Gardner presiding

State Of Utah, Plaintiff / Appellee, V. Tianikumi Finau, Defendant / Appellant.: Appellant’S Reply Brief

Utah Appeals Court Briefs

Appeal from convictions for three counts of forcible sexual abuse and one count of tampering with a witness, all second- degree felonies, in the Third Judicial District, Salt Lake County, the Honorable James Gardner presiding

Deron Brunson Appellant V. Anthony B. Anderson Appellee : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

This appeal taken from a final Judgment and Order in the Third Judicial District Court, Salt Lake County, State of Utah, from the Honorable James Gardner.

Anthony B. Anderson, Appellee, pro se

Deron Brunson, Appellant, pro se

Bill Of Rights Nondelegation, Eli Nachmany

BYU Law Review

Speculation about the “revival” of the nondelegation doctrine has reached a fever pitch. Although the Supreme Court apparently has not applied the nondelegation doctrine to declare a federal statute unconstitutional since 1935, the doctrine may be making a comeback. The common understanding is that the nondelegation doctrine prohibits Congress from “delegating” legislative power to the executive branch. While the nondelegation doctrine may appear to be about limiting Congress, its ultimate target is delegation. But if the nondelegation doctrine is about policing delegation, then the Court has been regularly — and rigorously — applying the doctrine in a different context: In …

Twenty-First Century Split: Partisan, Racial, And Gender Differences In Circuit Judges Following Earlier Opinions, Stuart Minor Benjamin, Kevin M. Quinn, Byungkoo Kim

BYU Law Review

Judges shape the law with their votes and the reasoning in their opinions. An important element of the latter is which opinions they follow, and thus elevate, and which they cast doubt on, and thus diminish. Using a unique and comprehensive dataset containing the substantive Shepard’s treatments of all circuit court published and unpublished majority opinions issued between 1974 and 2017, we examine the relationship between judges’ substantive treatments of earlier appellate cases and their party, race, and gender. Are judges more likely to follow opinions written by colleagues of the same party, race, or gender? What we find is …

Byte A Carrot For Change: Uprooting Problems In Data Privacy Regulations, Sarah Terry

BYU Law Review

There is a growing gap between technology advancement and a lagging regulatory system. This is particularly problematic in consumer data privacy regulating. Companies hold collected consumer data and determine its use largely without accountability. As a result, ethical questions that carry society-shaping impact are answered in-house, under the influence of groupthink, and are withheld from anyone else weighing in.

This Note poses a solution that would address multiple data privacy regulation issues. Namely, an incentive approach would help even out the information-imbalanced system. Incentives are used as tools throughout intellectual property law to foster commercial progress, discourage trade secrets, and …

Sports Medicine Research And Testing Laboratory, Petitioner V. Board Of Equalization Of Salt Lake County, State Of Utah, And Utah State Tax Commission, Respondents., Utah Supreme Court

Utah Supreme Court Briefs (2021– )

Brief of Appellee Review of final agency action of the Utah State Tax Commission, Appeal No. 20-1618 before Judge Jane Phan

Bruce Olson (2468) RAY QUINNEY & NEBEKER P.C. Attorneys for Sports Medicine Research and Testing Laboratory

SIM GILL (6389) District Attorney for Salt Lake County Timothy A. Bodily (6496) Bradley C. Johnson (10638) Deputy District Attorneys Attorneys for Salt Lake County Board of Equalization

Sports Medicine Research And Testing Laboratory, Petitioner V. Board Of Equalization Of Salt Lake County, State Of Utah, And Utah State Tax Commission, Respondents., Utah Supreme Court

Utah Supreme Court Briefs (2021– )

Brief of Respondent Utah State Tax Commission On Petition for Review of a Final Decision of the Utah State Tax Commission, Appeal No. 20-1618

Samuel A. Lambert Bruce Olson RAY QUINNEY & NEBEKER P.C. Attorneys for Petitioner Sports Medicine Research and Testing Laboratory

Erin T. Middleton (10666) Assistant Solicitor General Michelle Lombardi (14085) Assistant Attorney General Sean D. Reyes (7969) Utah Attorney General Attorneys for Respondent Utah State Tax Commission

Luis Sanchez, Petitioner/ Appellant V. State Of Utah, Respondent/ Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

APPELLANT’S RULE 10(c) PRINCIPAL MEMORANDUM IN SUPPORT OF REVERSAL

Ian L. Quiel, Debra M. Nelson, Benjamin Miller, Attorneys for Mr. Sanchez

Clark Memorandum: Fall 2023, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society

The Clark Memorandum

• Five Ways Law School Contributes to Life’s True Purpose
• Faith in Law: A Q&A with President Dallin H. Oaks
• Personal Religious Conviction and the Practice of Law

State Of Utah V. Omar Jesus Cortez-Izarraraz, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Rule 23B Motion
and Supporting
Memorandum
(Public)

State Of Utah V. Omar Jesus Cortez-Izarraraz, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appellant’s Opening Brief
On appeal from the Third Judicial District Court, Salt Lake County,
Honorable McKelvie, District Court
No.201907555
Mr. Cortez-Izarraraz is incarcerated.

Don’T Say Gay Or God: How Federal Law Threatens Student Religious Rights And Fails To Protect Lgbtq Students, Stephen Mcloughlin

BYU Law Review

Federal law requires schools to protect students from discrimination based on their sexual orientation and gender identity. This protection is based on the principle that students must be free to explore their self-identity within the school environment as part of their intellectual development. Thus, schools must eliminate speech that threatens LGBTQ students based on their gender identity or sexual orientation. However, schools must also protect free speech and religious rights. Indeed, the expression of religious beliefs is also crucial to intellectual growth. Thus, schools must develop student speech policies that protect LGBTQ students from harmful speech while protecting controversial religious …

The Right To Be Proselytized Under International Law, Ryan Cheney

BYU Law Review

Legal analyses of proselytism have tended to focus on the rights of the proselytizer and on the right of the target of proselytism, or “proselytizee,” to be free from such “interference.” However, such analyses do not fully account for all rights involved in proselytism. When people are prevented from being proselytized, such as by law or by persecution, an important consequence is that they are cut off from a significant source of information on and mechanism for exploring and joining other religions. Despite stigmatizations of proselytism, many people regularly accept it and learn about and join other faiths through it. …

The Impact Of Religion And Religious Organizations, Elizabeth A. Clark

BYU Law Review

Legal scholars often see religion as a mere private preference, choice, value, or identity with no more meaning or positive social impact than any other preference, choice, value, or identity. If anything, religion’s negative impacts are often highlighted. For example, a focus on the harms of religion often underlies contemporary legal debates about religious exemptions and tensions between religious rights and LGBTQ rights or reproductive rights. Conversely, scholars in other fields have documented religion’s distinctive pro-social features, proposing mechanisms by which religion has unique positive impacts on individuals, families, and society. While recognizing that, for its practitioners, religion has its …

When “Close Enough” Is Not Enough: Accommodating The Religiously Devout, Dallan F. Flake

BYU Law Review

Title VII of the Civil Rights Act of 1964 requires employers to “reasonably accommodate” employees’ religious practices that conflict with work requirements unless doing so would cause undue hardship to their business operations. Can an accommodation be reasonable if it only partially removes the conflict between an employee’s job and their religious beliefs? For instance, if a Christian employee requests Sundays off because he believes working on his Sabbath is a sin, and his employer responds by giving him Sunday mornings off to attend church services but requires him to work in the afternoon, has the employer provided a reasonable …

Full Issue

BYU Law Review

No abstract provided.

Free Exercise Of Abortion, Elizabeth Sepper

BYU Law Review

For too long, religion has been assumed to be in opposition to abortion. Abortions consistent with, motivated by, and compelled from religion have been erased from legal and political discourse. Since the fall of Roe v. Wade, free exercise claims against abortion bans have begun to correct course. Women and faith leaders in several states have filed suit, asserting their religious convictions in favor of abortion. They give form to the reality—as progressive theologians have long argued—that to have a child can be a sacred choice, but not to have a child can also be a sacred choice. And they …

Dignity, Deference, And Discrimination: An Analysis Of Religious Freedom In America’S Prisons, Elyse Slabaugh

BYU Law Review

The free exercise of religion often presents a complex reality in prison. Over the years, the standard of scrutiny for free exercise claims has not only been easily alterable but also unclear and inconsistent in its application. Recent legislation, such as RLUIPA and RFRA, has significantly improved the state of religious freedom in prisons. However, two U.S. Supreme Court decisions on RLUIPA—Cutter v. Wilkinson and Holt v. Hobbs—have led to some confusion among lower courts regarding the level of deference that should be afforded to prison officials. Although Holt demonstrated a hard look approach to strict scrutiny, it did nothing …

State Of Utah Appellee/ Plaintiff V. Ryan Scott Hatch Appellant/Defendant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from a conviction of wanton destruction of protected wildlife, a third degree felony, in the Sixth Judicial District Court, Case No. 211600066, the Honorable Mandy Larsen presiding

Heber M. Wells Building, Attorneys for the State of Utah

Scott F. Garrett, Jessica Griffin Anderson, Attorneys for Ryan Scott Hatch

Political Fragmentation In The Democracies Of The West, Richard H. Pildes

Brigham Young University Journal of Public Law

The decline of effective government throughout most Western democracies poses one of the greatest challenges democracy currently confronts. The importance of effective government receives too little attention in democratic and legal theory, yet the inability to deliver effective government can lead citizens to alienation, distrust, and withdrawal from participation, and worse, to endorse authoritarian leaders who promise to cut through the dysfunctions of democratic governments.

A major reason for this decline in effective government is that democracies have become more politically fragmented. Political power has been dispersed among many more political parties, organized groups, and even more spontaneous, instantly mobilized …

Hospitals And Local Taxation: The Troubled Tale Of Property Tax, Matthew S. Johnson

Brigham Young University Journal of Public Law

The taxation of hospitals is plagued with subjectivity, which especially burdens nonprofit hospitals. Inconsistencies across localities further exacerbate the uncertainty encountered by nonprofit hospitals seeking local tax exemptions. While federal and state tax implications for nonprofit hospitals receive most of the attention from debaters and scholars, local property tax exemptions are also of significant value for nonprofit hospitals and have been largely overlooked. This Comment explores the policy arguments for and against nonprofit status for hospitals. It shows that while the federal government has chosen relatively bright-line rules for determining non-profit status, localities are far less predictable. This Comment contributes …

Byu Law 50th Anniversary, J. Reuben Clark Law School

The BYU Advocate (& Annual Reports)

"We are privileged to participate in this great venture. It is our duty to make it great. . . .

. . . [It] must attain a greatness that transcends religious lines and establishes itself in the eyes of legal educators, scholars, the judiciary, the legal profession, the business world, officials of local, state, and federal government, and citizens at large."

– Rex E. Lee (quoting and expanding on remarks by Dallin H. Oaks)