Digital Commons Network^™

They Managed A Protest: Prohibitory, Ethical, And Prudential Policing Of Academic Speech, David Schraub

BYU Law Review

No abstract provided.

Artificial Intelligence, Autonomous Creation, And The Future Path Of Copyright Law, Peter K. Yu

BYU Law Review

Most literature at the intersection of copyright and artificial intelligence (AI) has focused primarily on what copyright law is or ought to be. Frequently overlooked is the question of what copyright law will be in the AI space. Understanding this question is crucial because the path of copyright law chosen by the United States will have a major impact on the country’s economic and technological future. This Article begins by scrutinizing two lines of arguments that have been advanced to deny copyright protection to AI-generated works: constitutional and incentivebased. The Article then discusses a third line of arguments— harmonization-based arguments—and …

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

Utah Court of Appeals Briefs (2020 –)

Appeal from a conviction of manslaughter, a second degree felony, in the Fourth Judicial District, Utah County, the Honorable Robert C. Lunnen presiding

Freyja Johnson, Rachel Phillips Ainscough, Counsel for Appellant

REBECCA BARKER, DEREK E. BROWN, JORDIN ALBERS, SANDI JOHNSON, Counsel for Appellee

Jeddie Al-Imari, An Individual; Kathleen Al-Imari, An Individual; And Jennifer Al-Imari, In Her Role As The Legal Guardian Of D.A And R.A., Minor Children; Appellants/ Plaintiffs V. Utah Department Of Transportation; Staker & Parson Companies Dba Jack B. Parson; And Does I-X : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Attorneys for Appellee and Defendant UDOT, Joseph E. Minnock, Anna Nelson, Attorneys for Appellee and Defendant Staker, George W. Burbidge II, W. Kevin Tanner,

Attorneys for Appellants and Plaintiff, Brad H. Bearnson, Wayman M. Stodart

Al-Imari V. Udot : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Attorneys for Appellee and Defendant UDOT Joseph E. Minnock Anna Nelson MORGAN, MINNOCK, RICE & MINER, L.C.

Attorneys for Appellants and Plaintiffs Brad H. Bearnson Wayman M. Stodart BEARNSON & CALDWELL Attorneys for Appellee and Defendant Staker George W. Burbidge II W. Kevin Tanner CHRISTENSEN & JENSEN, P.C.

State Of Utah V. Bridgewaters : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

An appeal from a judgment of conviction of manslaughter, a second-degree felony; and tampering with a witness, a third-degree felony in the Third Judicial District Court, Salt Lake County, State of Utah, the Honorable Hogan, presiding. Appellant is incarcerated

LINDSEY WHEELER (14519) Assistant Solicitor General DEREK BROWN (10476) Utah Attorney General Attorney for Appellee

ROBERT T. DENNY (13687) Salt Lake Legal Defender Assoc. Attorney for Appellant

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

Utah Court of Appeals Briefs (2020 –)

Several of the State’s arguments misconstrue Glenn’s arguments. Other positions fail to address arguments that Glenn has made. This reply memorandum highlights the various deficiencies in the State’s arguments

State Of Utah V. Dean Spencer : Reply Brief, 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

ALEXANDRA HERLONG (18206) Assistant Solicitor General SEAN D. REYES (7969) Utah Attorney General PETER REICHMAN Utah County Attorney’s Office Counsel for Appellee

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

State Of Utah, Plaintiff/Appellee V. Debra Kay Youren, Defendant/Appellant : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from a Judgment and Conviction for one count of Exploitation of a Vulnerable Adult, a Second Degree Felony, and one count of Theft, a Second Degree Felony, The Honorable Anthony Howell presiding in the Fourth Judicial Court, Juab County, State of Utah, Case No. 191600058

WILLIAM HAINS Assistant Solicitor General DEREK BROWN Utah Attorney General Office of the Attorney General c/o Criminal Appeals Division Attorney for Appellee

ANN M. TALIAFERRO (#8776) BROWN BRADSHAW & MOFFAT Attorney for Appellant

Jade Taylor V. West Millard Mosquito Abatement District : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from a Final Order of the Fourth Judicial District Court in and for Utah County , Provo Department, State of Utah . Trial Judge Anthony Howell.

ATTORNEYS FOR APPELLANT: Justin D. Heideman (USB #8897) Norman W. Peat, Jr. (USB #17836) HEIDEMAN & ASSOCIATES

ATTORNEYS FOR APPELLEE: Gregory Hoole HOOLE & KING, L.C.

Clark V. Clark : Reply Brief, 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

Rosser V. Elite Craft Homes : Reply Brief, 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. 220903070

Jonathan R. Schofield (8274) Dick J. Baldwin (14587) Steven R. Glauser (15607) Daniel S. Sorenson (18101) PARR BROWN GEE & LOVELESS, P.C. Attorneys for Appellants Jeremy Rosser and Brandon Kilburn

Cook Martin Poulson, P.C. V. Daniel G. Smith, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Reply Brief of Appellant
/="/"> On appeal from the Second Judicial Court, Weber County,
/="/"> Honorable Cristina Ortega, District Court No. 220903740

What Is Deeply Rooted In The Constitution?, Thomas P. Crocker

BYU Law Review

In a series of cases stretching over a century, the Court made a right’s roots a constitutive feature of its identity. Highlighting the analytic centrality of deep roots to the recognition of rights, Dobbs v. Jackson Women’s Health withdrew prior judicial recognition of a woman’s right to reproductive choice, arguing that such a right was not properly rooted in the American legal tradition. But what does it mean for a right to have deep roots? A surprising feature of American constitutionalism is that there is no single answer to the basic analytic question of what it means for a right …

Table Of Contents

BYU Law Review

No abstract provided.

Saving Camelot? Nil And The Future Of Amateurism, William W. Berry Iii

BYU Law Review

This Article explores the future of intercollegiate athletics with a diminished (and perhaps even disappearing) amateurism model. Specifically, the Article argues that athletic conferences are in the best position to “save Camelot”—to preserve the aspects of college sports that make them beloved and distinctive—while at the same time realistically accounting for an evolving economic and legal landscape.

In Part I, the Article describes the economics of the NCAA’s current amateurism model. Part II explores the recent changes to the NCAA’s amateurism model in light of the Supreme Court’s decision in Alston v. NCAA and the widespread adoption of state name, …

Full Issue

BYU Law Review

No abstract provided.

“Whoever Invents Or Discovers”: Artificial Intelligence And The Case For Joint Inventorship, Seth F. Littleford

BYU Law Review

Artificial intelligence (AI) is increasingly important in the modern world. Given its fidelity to—and, in some cases, its surpassing of—human performance, people rely upon AI in myriad settings. The AI era is already here, and the technological advancements to come are even more mind-boggling. The United States Patent and Trademark Office (USPTO) has seen a significant increase in patent applications claiming inventions pertaining to AI, but how does the patent system handle when AI invents?

The U.S. Court of Appeals for the Federal Circuit recently held in Thaler v. Vidal that the Patent Act requires inventors listed on patent applications …

State Of Utah, Plaintiff And Appellee V. Jessica Buck, Defendant And Appellant : Reply Brief, 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. Alberto Frank Hernandez : Reply Brief, 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. Appellant is incarcerated.

CONNER NELSON (18064) Assistant Solicitor General SEAN D. REYES (7969) Utah Attorney General Attorney for Appellee

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

Corpus Linguistics At The U.S. Patent And Trademark Office, Tabrez Y. Ebrahim

BYU Law Review

This Article examines the intersection of corpus linguistics and patent law. It introduces the foundations of corpus linguistics and its application to the law and advances the potential for its application to patent examination at the United States Patent and Trademark Office (USPTO). Historically, the disciplines of corpus linguistics and patent law did not intersect until scholars began to consider the application of corpus linguistics to patent litigation for interpretation of terms in patent claims. Interpretation of legal language provided by corpus linguistics and applied to patent examination at the USPTO has yet to be addressed and is a novel …

Corpus Linguistics And The Original Meaning Of The Sixth Amendment, Wesley White

BYU Law Review

The Sixth Amendment guarantees the right of an accused to have the assistance of counsel in a criminal prosecution. Put simply, under the U.S. Supreme Court’s current framework, an accused does not enjoy this right until the government has brought a formal charge. Thus, an accused who engages in plea bargaining before being formally charged is not guaranteed the Sixth Amendment right to counsel. Many critics of this framework focus on the purpose of the Sixth Amendment to argue that the right to counsel should be guaranteed in pre-charge plea bargaining. Others point to policy concerns.

This Note is among …

Triangulating The Likelihood Of Confusion: Linguistics And Consumer Surveys, Eric Derosia, Jesse Egbert, Thomas Lee

BYU Law Review

This Article highlights contributions that linguistic analysis can offer in the assessment of the likelihood of confusion in trademark infringement cases. Parties in such cases often engage an expert witness to conduct a survey that measures the likelihood of consumer confusion. We show how an expert linguist can provide important, nonintuitive dynamics of corroboration. We introduce “expert triangulation” as a conceptual framework to analyze whether, and to what extent, experts in linguistics and consumer surveys can corroborate one another. That is, having two different sources of empirical evidence which lead to similar conclusions should be a benefit to the courts, …

Full Issue

BYU Law Review

No abstract provided.

Going Generic: A Linguistics Approach To Genericide In Trademark Law, James A. Heilpern, William G. Eggington, Earl Kjar Brown, Zachary D. Smith

BYU Law Review

This Article examines the phenomenon of trademark genericide—the process by which once-protected brand names like “escalator” and “trampoline” lose their legal status by becoming synonymous with entire product categories. Traditional methods used by courts to assess genericide, such as consumer surveys and dictionary definitions, are often criticized for their subjectivity and lack of scientific rigor. In response, this Article introduces corpus linguistics as a more reliable, data-driven alternative for determining whether a trademark has become generic.

By analyzing real-world language usage through large corpora, corpus linguistics can track the public’s shifting perceptions of a trademark over time. Using case studies …

Matthew Barlow V. Raymond Hour : Reply Brief, 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 Travis Dunsmoor Jeannette Barney 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 V. Lowery : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from a conviction for failing to respond to an officer’s signal to stop , a third degree felony , in the Third Judicial District, Salt Lake County, the Honorable William Kendall presiding

EMILY ADAMS RACHEL PHILLIPS AINSCOUGH The Appellate Group Counsel for Appellant

REBECCA BARKER (19445) Assistant Solicitor General SEAN D. REYES (7969) Utah Attorney General CURTIS TUTTLE TEGAN TROUTNER Salt Lake County District Attorney’s Office Counsel for Appellee

Trishna Paulson, Petitioner/ Appellant V. Christopher Paulson, Respondent/ Appellee : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Fourth Judicial District Court, Honorable Christine Johnson, District Court No. 184400701

Rodney Parker, Attorney for Appellant Christopher Paulson

Julie J. Nelson, Aaron Harris, Attorneys for Appellee Trishna Paulson

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

The Clark Memorandum

• No Room for Compromise: Religious Polarization in the United States
• A Banking Lawyer’s Perspective on the Kirtland Safety Society Anti-Banking Company
• Hope in Dark Times
• Becoming a Master of Your Thoughts

Aslan Lomsandize V. Mekhti Musayev, Defendants/Appellants. Appellate No. 20231113 : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Honorable Failed To Disqualify

Mr. Aslan Lomsandize, Appellee

DAVID DRAKE, USB # 0911 DAVID DRAKE, P.C Attorneys for Appellant Mekhti Musayev