Digital Commons Network^™

Hidden Bias In Empirical Textualism, Matthew C. Jennejohn, D. Carolina Nuñez, Samuel Nelson

Faculty Scholarship

A new interpretive technique called “corpus linguistics” has exploded in use over the past five years from state supreme courts and federal courts of appeals to the U.S. Supreme Court. Corpus linguistics involves searching a large database, or corpus, of text to identify patterns in the way in which a certain term is used in context. Proponents of the method argue that it is a more “empirical” approach than referencing dictionaries to determine a word’s public meaning, which is a touchstone in originalist approaches to legal interpretation.

This Article identifies an important concern about the use of corpus linguistics in …

Dark Matter In The Law, D. Carolina Nuñez

Faculty Scholarship

Not all law is written down. Sometimes, informal norms and expectations about what the law is or ought to be constrain behavior. Lawyers and legal commentators instinctively understand this concept and have written about it, but none have discussed the interaction or relationship between these unwritten norms—which I refer to as law’s “dark matter”—and traditional formal law, like case law and statutes—which I refer to as law’s “ordinary matter.” I venture into this overlooked relationship to reveal a fascinating and important dynamic that shapes the development of law.

In this article, I explore law’s dark matter by observing its effect …

Dignity And Discrimination, Frederick Mark Gedicks

Faculty Scholarship

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 illustrations. Part V lists other sites of accommodation and …

Christian Dignity And The Overlapping Consensus, Frederick Mark Gedicks

Faculty Scholarship

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 …

The Missing D In U.S. Foreign Relations Law, David H. Moore

Faculty Scholarship

United States foreign relations law once subsisted on the outskirts of constitutional and international law. Now a recognized field of scholarship in its own right, foreign relations law addresses some of the most important questions of our time, such as whether the President may unilaterally conduct strikes against Iran or withdraw from the Paris Climate Agreement. For all its importance, however, U.S. foreign relations law has developed with blinders on. U.S. foreign policy embraces at least three Ds: defense, diplomacy, and development. Yet foreign relations law scholarship has approached the critical questions of the field almost exclusively through the lens …

Prosecutors And Mass Incarceration, Shima Baradaran Baughman, Megan Wright

Faculty Scholarship

It has long been postulated that America’s mass incarceration phenomenon is driven by increased drug arrests, draconian sentencing, and the growth of a prison industry. Yet among the major players—legislators, judges, police, and prosecutors—one of these is shrouded in mystery. While laws on the books, judicial sentencing, and police arrests are all public and transparent, prosecutorial charging decisions are made behind closed doors with little oversight or public accountability. Indeed, without notice by commentators, during the last ten years or more, crime has fallen, and police have cut arrests accordingly, but prosecutors have actually increased the ratio of criminal court …

Crime And The Mythology Of Police, Shima Baradaran Baughman

Faculty Scholarship

The legal policing literature has espoused one theory of policing after another in an effort to address the frayed relationship between police and the communities they serve. All have aimed to diagnose chronic policing problems in working towards structural police reform. The core principles emanating from these theoretical critiques is that the mistrust of police among communities of color results from maltreatment, illegitimacy and marginalization from the law and its enforcers. Remedies have included police training to encourage treating people with dignity, investing in body cameras and other technology, providing legal avenues to encourage constitutional action by police, and creating …

Kelly Laws, An Individual, Petitioner Below And Appellant And Cross Appellee On Appeal, Vs. Willie Grayeyes, An Individual. : Opening Brief Of Appellee/Cross-Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

OPENING BRIEF OF APPELLEE/CROSS-APPELLANT, WILLIE GRAYEYES

Kelly Laws, Appellant/Cross-Appellee, V. Willie Grayeyes, Appellee/Cross-Appellant. : Reply Brief Of Appellant/Cross-Appelle Kelly Laws, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

REPLY BRIEF OF APPELLANT/CROSS-APPELLEEKELLY LAWS

Appeal from a Final Judgment of the Honorable Don M. Torgerson, Seventh Judicial District Court, State of Utah

Kelly Laws, Appellant/Cross-Appellee, V. Willie Grayeyes, Appellee/Cross-Appellant. : Brief Of Appellant/Cross-Appellee Kelly Laws, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

< p>Appeal from a Final Judgment of the Honorable Don M. Torgerson, Seventh Judicial District Court, State of Utah

Jacob M. Scott, Plaintiff/ Appellant, V. Wingate Wilderness Therapy, Llc, Defendant/ Appellee. : Reply Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Reply Brief of Appellant

Review of a Certified Question from the United States Tenth Circuit Court of Apeals, Case No. 19-4052

Kelly Laws, An Individual, Petitioner Below And Appellant And Cross Appellee On Appeal, Vs. Willie Grayeyes, An Individual, Respondent Below And Appellee And Cross-Appellant On Appeal. : Reply Brief Of Appellee/Cross-Appellant, Willie Grayeyes, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

On appeal from the Seventh Judicial District CourtThe Honorable Don M. TorgersonNo. 180700016

Holly Rebecca Rosser, Petitioner, V. Ronald Lee Rosser, Respondent. : Petitioner's Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

ON WRIT OF CERTIORARI TO THEUTAH COURT OF APPEALSNo. 20170736-CA

Appeal from a Final Judgment of the Sixth Judicial District Court in and for Garfield County, Panguitch Department The Honorable Paul D. Lyman PresidingNo. 154600013

State Of Utah, Plaintiff And Appellee, V. Keith Scott Brown, Defendant/Appellant. : Reply Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Reply Brief of Appellant

Appeal from Order Denying Motion to Reinstate Defendant’s Right to
Appeal with Commensurate Right to Effective Assistance of Counsel
Fourth Judicial District, Provo Division,
the Honorable Christine Johnson presiding

Oral Argument Requested

Defendant is Currently Incarcerated

Jacob M. Scott, Plaintiff/ Appellant, V. Wingate Wilderness Therapy, Llc, Defendant/ Appellee. : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Review of a Certified Question from theUnited States Tenth Circuit Court of Appeals, Case No. 19-4052

Jacob M. Scott, Plaintiff/ Appellant, V. Wingate Wilderness Therapy, Llc, Defendant/ Appellee. : Response Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Review of Question of Law Certified by theUnited States Court of Appeals, Tenth CircuitCase No. 19-4052

RESPONSE BRIEF OF APPELLEORAL ARGUMENT REQUESTED

Knight Adjestment Bureau, A Utah Corporation, Appellant/ Plaintiff, V. Daniel Urman Dba Darwin 360 Inc. And Darwin 360 Inc., Appellee/ Defendant : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

APPEAL FROM THE THIRD DISTRICT COURT, SALT LAKE COUNTY, SALT LAKE CITY DEPARTMENT, THE HONORABLE ELIZABETH A. HRUBY-MILLS, CASE NO. 179914006

Jay V. Barney, Attorneys for Appellant/Plaintiff Knight Adjustment Bureau

Sean N. Egan, Attorneys for Appellee/Defendant

West Valley City, Appellee/Plaintiff, V. Carl Begnaud, Appellant/Defendant., Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

APPEAL FROM CONVICTION AND JUDGMENT IN THE THIRD DISTRICT COURT, SALT LAKE COUNTY

Staci Visser, Bar No. 14358, Intermountain Legal, Counsel for Carl Begnaud

Corey D. Sherwin, Bar No 14316, West Valley City Prosecutor's Office, Counsel for West Valley City

Cook Martin Poulson, P.C., Plaintiff And, Appellee V. Daniel G. Smith, Defendant And, Appellant : Reply Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the First Judicial District Court, Cache County, Honorable Kevin K. Allen, District Court No. 140100505

Thomas J. Burns Aaron R. Harris Elisabeth E. Calvert DENTON DURHAM JONES & PINEGAR, P.C. Attorneys for Appellee Cook Martin Poulson, P.C.

Troy L. Booher (9419) Beth E. Kennedy (13771) ZIMMERMAN BOOHER Russell S. Walker PEARSON BUTLER PLLC Attorneys for Appellant Daniel G. Smith

West Valley City, Appellee/Plaintiff V. Carl Begnaud, Appellant/Defendant. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

APPEAL FROM CONVICTION AND JUDGMENT IN THE THIRD DISTRICT COURT, SALT LAKE COUNTY, STA TE OF UTAH, CASE NO. 181912383, BEFORE THE HONORABLE JUDGE KARA PETTIT

Staci Visser, Bar No. 14358, Counsel for Carl Begnaud

Corey D. Sherwin, Counsel for West Valley City

State Of Utah, Plaintiff/ Appellee V. Bakar Mberwa, Defendant/ Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from convictions for rape and aggravated burglary, both first-degree felonies, in the Third Judicial District, Salt Lake County, the Honorable Adam Mow presiding

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

DAVID A. SIMPSON, SEAN D . REYES, COLLEEN K. MAGEE, Counsel for Appellee

State Of Utah, Plaintiff/ Appellee, V. Bakar Mberwa, Defendant/ Appellant: Appellee Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from convictions for rape and aggravated burglary, both first-degree felonies, in the Third Judicial District, Salt Lake County, the Honorable Adam Mow presiding

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

DAVID A. SIMPSON, SEAN D. REYES, COLLEEN K. MAGEE, Counsel for Appellee

State Of Utah, Appellee V. Russell Keith Harper, Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

ON APPEAL FROM A SENTE,7\TC,'E, JUDGMENT, AND COMMITMENT ENTERED ON AUGUST 28, 2019, BY THE HONORABLE DOUGLAS B. THOMAS OF THE SEVENTH JUDICIAL DISTRICT COURT, IN AND FOR CARBON COUNTY, STATE OF UTAH

Jeffrey D. Mann, Assistant Attorney's General

K. ANDREW FITZGERALD

The State Of Utah, Plaintiff/ Appellee V. Dylan James Kitzmiller, Defendant Appellant., Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from a conviction for two counts of child abuse, second-degree felonies in violation of Utah Code section 76-5-109(2)(a). The conviction followed a jury trial in the Third Judicial District, in and for Salt Lake County, State of Utah, the Honorable William K. Kendall presiding.

WILLIAM M. HAINS, SEAN D. REYES, Attorney for Appellee

WENDY M. BROWN, Attorney for Appellant

A1 Pioneer Moving And Wcf Mutual Insurance Company Appellants/Respondents V. Utah Labor Commission And Viliami Pulu Appellees : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Joshua M. Woodbury WCF MUTUAL INSURANCE COMPANY ATTORNEY FOR APPELLANTS

Tracy L. Olson Chad P. Curtis SMART, SCHOFIELD, SHORTER, P.C. ATTORNEYS FOR APPELLEE Christopher Hill, General Counsel ATTORNEY FOR APPELLEE UT AH LABOR COMMISSION

Knight Adjestment Bureau, A Utah Corporation, Appellant/ Plaintiff, V. Daniel Urman Dba Darwin 360 Inc. And Darwin 360 Inc., Appellee/ Defendant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal From The Judgment of The Third Judicial District Court of Salt Lake County, Honorable Elizabeth A. Hruby-Mills

Jay V. Barney, Attorneys for Appellant/Plaintiff

Sean N. Egan, Attorney for Appellees/ Defendants

The Little Statute That Gets No Respect: How Courts Have Ignored The Administrative Procedure Act With Respect To Whether Pre-Enforcement Challenge Provisions Are Exclusive, Arthur Sapper

Brigham Young University Journal of Public Law

No abstract provided.

Re-Victimization Of Domestic Violence Victims, Angela De La Garza

Brigham Young University Journal of Public Law

No abstract provided.

A Constitutional Right To A Functioning United States Government? Are Government Shutdowns Unconstitutional?, Allen Shoenberger

Brigham Young University Journal of Public Law

No abstract provided.

Fha Sexual Harassment Claims: Title Vii Applications And Departures Through Caselaw And Hud’S 2016 Rule, Brittany Urness

Brigham Young University Journal of Public Law

No abstract provided.