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The Rise And Fall Of Human Dignity, Nicholas Aroney Jun 2021

The Rise And Fall Of Human Dignity, Nicholas Aroney

BYU Law Review

No abstract provided.


Christian Accounts Of Religious Liberty: Two Views Of Conscience, Joel Harrison Jun 2021

Christian Accounts Of Religious Liberty: Two Views Of Conscience, Joel Harrison

BYU Law Review

No abstract provided.


Christian Faith-Based Organizations As Third Party Interveners At The European Court Of Human Rights, Eugenia Relaño Pastor Jun 2021

Christian Faith-Based Organizations As Third Party Interveners At The European Court Of Human Rights, Eugenia Relaño Pastor

BYU Law Review

No abstract provided.


Christian Dignity And The Overlapping Consensus, Frederick Mark Gedicks Jun 2021

Christian Dignity And The Overlapping Consensus, Frederick Mark Gedicks

BYU Law Review

This Article rejects arguments by Christian leaders, scholars, and others who lament the secularization of the West and urge Christian dignity as the foundation of universal human rights. It argues instead that only a secular conception of dignity free of Christian metaphysics can create an overlapping consensus in support of human rights.

Part I describes the roots of Christian dignity in medieval theology and status. Part II briefly recounts how the Renaissance and Enlightenment re-centered the end of dignity from knowing God to knowing oneself, while the Reformation's extension of original sin to the intellect left Catholicism as the primary …


Christianity, Human Rights, And Dignity: Squaring The Triangle, Brett Scharffs, Andrea Pin, Dmytro Vovk Jun 2021

Christianity, Human Rights, And Dignity: Squaring The Triangle, Brett Scharffs, Andrea Pin, Dmytro Vovk

BYU Law Review

No abstract provided.


Russian Symphonia Vs. Rule Of Law?, Mikhail Antonov Jun 2021

Russian Symphonia Vs. Rule Of Law?, Mikhail Antonov

BYU Law Review

No abstract provided.


Catholicism, Liberalism, And Populism, Andrea Pin, Luca P. Vanoni Jun 2021

Catholicism, Liberalism, And Populism, Andrea Pin, Luca P. Vanoni

BYU Law Review

No abstract provided.


Human Dignity Has No Borders: Respecting The Rights Of “People On The Move” And The Rights And Religious Freedom Of Those Who Aid Them, Christine M. Venter Jun 2021

Human Dignity Has No Borders: Respecting The Rights Of “People On The Move” And The Rights And Religious Freedom Of Those Who Aid Them, Christine M. Venter

BYU Law Review

No abstract provided.


Friends Of The Court: Christian Conservative Arguments On Human Dignity Before The U.S. Supreme Court And The European Court Of Human Rights, Pasquale Annicchino Jun 2021

Friends Of The Court: Christian Conservative Arguments On Human Dignity Before The U.S. Supreme Court And The European Court Of Human Rights, Pasquale Annicchino

BYU Law Review

No abstract provided.


Table Of Contents Jun 2021

Table Of Contents

BYU Law Review

No abstract provided.


Emily Hunsaker, Plaintiff/ Appellant V. American Healthcare Capital, Defendant/ Appellee. : Brief Of Appellant, Utah Court Of Appeals Jun 2021

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

Utah Court of Appeals Briefs (2020 –)

Appeal from Findings of Fact and Conclusions of Law and Rule 58Afinal Judgment of the Fourth Judicial District Court in and for Utah County, Spanish Fork Department, State of Utah. Trial Judge Jared Eldridge

ATTORNEYS FOR APPELLANTS, Justin D. Heideman (USB #8897), Justin R. Elswick (USB #9153)

ATTORNEYS FOR APPELLEE, Jere Reneer (USB #7967)


State Of Utah, Plaintiff, V. Kevin Ashley Morris, Defendant : Brief Of Appellant, Utah Court Of Appeals May 2021

State Of Utah, Plaintiff, V. Kevin Ashley Morris, Defendant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

ON APPEAL FROM A MINUTES SENTENCE, JUDGEMENT AND COMMITMENT, ENTERED BY THE FOURTH JUDICIAL DISTRICT COURT, UTAH COUNTY, STATE OF UTAH

D. Jacob Summers, Prosecutor for Orem City

K. ANDREW FITZGERALD, #8944, Attorney for Kevin Ashley Morris, Appellant


State Of Utah, Plaintiff V. Kevin Ashley Morris, Defendant. : Brief Of Appellant, Utah Court Of Appeals May 2021

State Of Utah, Plaintiff V. Kevin Ashley Morris, Defendant. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

BRIEF OF APPELLANT ON APPEAL FROM A MINUTES SENTENCE, JUDGEMENT AND COMMITMENT, ENTERED BY THE FOURTH JUDICIAL DISTRICT COURT, UTAH COUNTY, STATE OF UTAH

D. Jacob Summers Prosecutor for Orem City

K. ANDREW FITZGERALD, #8944 Attorney for Kevin Ashley Morris, Appellant


State Of Utah, Plaintiff/Appellee V. Darren C. Bluemel, Defendant/Appellant : Brief Of Appellant, Utah Court Of Appeals May 2021

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

Utah Court of Appeals Briefs (2020 –)

On appeal from the Third Judicial District Court Case No. 991906513, the Honorable Mark Kouris presiding

Darren C. Bluemel, Pro se Defendant-Appellant

Catherine F. Jordan (17552), Attorney for Plaintiff-Appellee State of Utah


Wavetronix Llc, Petitioner V. Auditing Dmsion Of The Utah State Tax Commission, Respondent : Brief Of Appellant, Utah Supreme Court May 2021

Wavetronix Llc, Petitioner V. Auditing Dmsion Of The Utah State Tax Commission, Respondent : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2021– )

On petition for review from the Utah State Tax Commission, Agency No.13-2579

Erin T. Middleton Mark E. Wainwright John C. McCarrey Attorneys for Respondent Auditing Division of the Utah State Tax Commission

Troy L. Booher (9419) J. Frederic Voros, Jr. (3340) Dick J. Baldwin (14587) Michael D. Black (9132) COMMON LAW PC 299 S. Main, Suite 1300 Attorneys for Petitioner Wavetronix LLC


Pasquarello, Plaintiffs/ Appellants V. Tcc Veterinary Services, Inc., Dr. Tyler S. Stiens, Artz Vetmed : Appellees' Opening Brief, Utah Supreme Court Apr 2021

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

Utah Supreme Court Briefs (2021– )

Joseph E. Wrona (#8746), Brian A. Flach (#17408), Attorneys for Appellees

Stephen K. Christiansen (#6512), Heidi K. Gordon (#11655), Attorneys for Appellants


Pasquarello, Plaintiffs/ Appellants V. Tcc Veterinary Services, Inc., Dr. Tyler S. Stiens, Artz Vetmed : Appellees' Opening Brief, Utah Supreme Court Apr 2021

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

Utah Supreme Court Briefs (2021– )

Joseph E. Wrona (#8746), Brian A. Flach (#17408), Attorneys for Appellees

Stephen K. Christiansen (#6512), Heidi K. Gordon (#11655), Attorneys for Appellants


Kourtni Haskell, Plaintiff/ Appellant, Vs. Wakefield & Assocaites, Inc. , And Matthew Frawley, An Individual, Defendants/ Appellees, Utah Court Of Appeals Apr 2021

Kourtni Haskell, Plaintiff/ Appellant, Vs. Wakefield & Assocaites, Inc. , And Matthew Frawley, An Individual, Defendants/ Appellees, 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, GORDON REES SCULLY MANSHUKANI, LLP

Attorneys for Appellant, Daniel Baczynski, BACZYNSKI LAW, PLLC,


Kourtni Haskell, Plaintiff/ Appellant V. Wakefield & Assocait Es, Inc., And Matthew Frawley, An Individual, Defendants/ Appellees : Reply Brief, Utah Court Of Appeals Apr 2021

Kourtni Haskell, Plaintiff/ Appellant V. Wakefield & Assocait Es, Inc., And Matthew Frawley, An Individual, Defendants/ Appellees : Reply Brief, 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


State Of Utah, Plaintiff/ Appellee V. Anthony Jeffrey Christensen, Defendant/ Appellant. : Brief Of Appellee, Utah Court Of Appeals Apr 2021

State Of Utah, Plaintiff/ Appellee V. Anthony Jeffrey Christensen, Defendant/ Appellant. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from a conviction for assault by a prisoner, a first­ degree felony, in the Sixth Judicial District, Sanpete County, the Honorable Marvin D. Bagley presiding

PETER DAINES Counsel for Appellant

JONATHANS. BAUER (10004) SEAN D. REYES (7969) Utah Attorney General KEVIN L. DANIELS Counsel for Appellee


Preventing Perpetrators Of Sexual Misconduct From Circulation In The International Development And Humanitarian Assistance Sectors, Susan Keller Pascocello Apr 2021

Preventing Perpetrators Of Sexual Misconduct From Circulation In The International Development And Humanitarian Assistance Sectors, Susan Keller Pascocello

BYU Law Review

No abstract provided.


Dignity And Discrimination, Frederick Mark Gedicks Apr 2021

Dignity And Discrimination, Frederick Mark Gedicks

BYU Law Review

Delivered as the Dignity in Law Symposium keynote address, this essay surveys uses of dignity in U.S. constitutional law, with a focus on conflicts between the dignities attached to citizenship and religious conscience. Parts I and II discuss dignity as state sovereignty and hierarchical status. Part III examines the collision of dignities in the Masterpiece Cakeshop decision. Part IV argues that attention to the public or private nature of the site where religious accommodation is demanded clarifies when accommodation is appropriate, using a house of worship and a government office as illustration s. Part V lists other sites of accommodation …


When Imitation Is Not Flattery: Addressing Cultural Exploitation In Guatemala Through A Sui Generis Model, Paul Figueroa Apr 2021

When Imitation Is Not Flattery: Addressing Cultural Exploitation In Guatemala Through A Sui Generis Model, Paul Figueroa

BYU Law Review

Indigenous Guatemalan weavers are fighting for intellectual property laws that better protect their designs and other cultural expressions. The exploitation and appropriation by local and international companies has negatively affected the weavers’ livelihoods and resulted in culturally inappropriate uses of spiritual and t raditional symbols. Adhering to Western ideals of individual creativity and utility, intellectual property laws in most of the world (including Guatemala) are not suited to protect indigenous creations. To address this legal gap, some countries have adopte d sui generis legal regimes that align with communal notions of creation, ownership and stewardship found in indigenous knowledge systems. …


Indigenous Dignity And The Right To Be Forgotten, Trevor Reed Apr 2021

Indigenous Dignity And The Right To Be Forgotten, Trevor Reed

BYU Law Review

No abstract provided.


What Does The State Owe To Its People? Toward A “Responsibility To Develop”, Amit Khardori Apr 2021

What Does The State Owe To Its People? Toward A “Responsibility To Develop”, Amit Khardori

BYU Law Review

No abstract provided.


Yvonne Drummer, Plaintiff/ Appellant V. University Health Care And John And Jane Does 1-50 : Brief Of Appellee, Utah Court Of Appeals Apr 2021

Yvonne Drummer, Plaintiff/ Appellant V. University Health Care And John And Jane Does 1-50 : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

ON APPEAL FROM THE THIRD JUDICIAL DISTRICT COURT THE HONORABLE LINDA JONES

Tyler T. Todd (#10691), Attorneys for Appellant

Terence L. Rooney (#5789), J. Adam Sorenson (#16577), Attorneys for Appellee University Health


Settling Data Protection Law: Multistate Actions And National Policymaking, Elysa M. Dishman Apr 2021

Settling Data Protection Law: Multistate Actions And National Policymaking, Elysa M. Dishman

Faculty Scholarship

Data privacy and cybersecurity law in the United States is as unsettled as it is unsettling. By failing to pass comprehensive data protection legislation, Congress has settled for uncertainty. And the authority of the Federal Trade Commission (FTC) to enforce and seek remedies in this area has been challenged by litigants, including a case currently pending in the U.S. Supreme Court. Nevertheless, FTC enforcement settlements play a vital role in data regulation. These settlements include corporate structural reforms that become de facto regulations by shaping corporate practices nationwide.

State attorneys general (AGs) have become increasingly prominent data policymakers through enforcement …


“Love Is Distance”: Is That So? Lockdown Strategies, Medically Vulnerable People, And Relational Ethics, Nili Karako-Eyal Mar 2021

“Love Is Distance”: Is That So? Lockdown Strategies, Medically Vulnerable People, And Relational Ethics, Nili Karako-Eyal

Brigham Young University Journal of Public Law

No abstract provided.


Safety Net Or Trap? A Policy-Oriented Analysis Of The Public Sex Offender Registry As Compelled Speech, Ann Weigly Deam Mar 2021

Safety Net Or Trap? A Policy-Oriented Analysis Of The Public Sex Offender Registry As Compelled Speech, Ann Weigly Deam

Brigham Young University Journal of Public Law

No abstract provided.


All The Tenacity Of Original Sin: Agencies And Courts Continue To Place The Burden Of Persuasion On Defendants In Violation Of The Apa And Supreme Court Precedent, Arthur Sapper Mar 2021

All The Tenacity Of Original Sin: Agencies And Courts Continue To Place The Burden Of Persuasion On Defendants In Violation Of The Apa And Supreme Court Precedent, Arthur Sapper

Brigham Young University Journal of Public Law

No abstract provided.