Digital Commons Network^™

Octavio Macias Ramirez, Petitioner, V. The Honorable Clemens Landau, Salt Lake City Justice Court, Salt Lake City Respondents : Notice Of Intent To File Amicus Brief

Utah Appeals Court Briefs

Regarding Petition for Extraordinary Relief challenging dismissal of plea by the Honorable Clemens Landau in the Salt Lake City Justice Court

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

State Of Utah Plaintiff/ Appellee V. Michael Curwick Defendant/ Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from conviction for aggravated kidnapping, a first degree felony, in the Third District Judicial District, Summit County, the Honorable Richard Mrazik presiding

Freyja Johnson, Rachel Phillips Ainscough, Counsel for Appellant

AUBREY BISBEE, SEAN D. REYES, BYRON FRED BURMESTER, LINDSAY CHERVENAK, Counsel for Appellee

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.

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 …

“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

Titanium Funds Llc, Plaintiff-Appellee V. Miu Parker, Defendant-Appellant. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

APPEAL FROM THE THIRD JUDICIAL DISTRICT COURT SALT LAKE COUNTY, STATE OF UTAH HONORABLE TERESA WELCH

Chad C. Rasmussen, Appellee, Lucky’s Auto Credit LLC

State Of Utah Plaintiff/ Appellee V. Alan Dudley Hamberlin Defendant/ Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from a conviction for wanton destruction of wildlife, a third degree felony, in the Sixth Judicial District, Kane County, the Honorable Mandy Larsen presiding

Freyja Johnson, Rachel Phillips Ainscough, Counsel for Appellant

NATALIE M. EDMUNDSON, SEAN D. REYES, JEFFREY N. STOTT, Counsel for Appellee

Arnold J. Schmit Appellant V. Joshua Schmith Appellee : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the State of Utah Third District Court – Salt Lake County The Honorable Teresa L. Welch

Rich Willie, David H. Culmer, Attorneys for Appellants

Ben W. Lieberman, Attorneys for Appellee

Full Issue

BYU Law Review

No abstract provided.

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, …

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 …

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 …

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 …

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

Stephanie Sankey Petitioner/ Appellant V. Cameron D. Sawyer, An Individual; Courteny A. Sawyer, An Individual; Picture Picture Films, Llc, A Utah Limited Liability Corporation; And Tim Timmerman, Hope Of America, Llc, A Utah Limited Liability Company, Defendants/ Appellees : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

APPEAL FROM A FINAL ORDER OF THE FOURTH JUDICIAL DISTRICT, UTAH COUNTY THE HONORABLE ROBERT A LUND

Gerald M. Salcido, Jon M. Hogelin, Attorneys for Appellees/Defendants

Stephanie E. Sankey, Appellant/Plaintiff

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

James K. Moyle Petitioner/ Appellant V. Brianna Moyle Respondent/ Appellee : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from ruling of the Honorable Judge Jennifer Mabey of the Fourth Judicial District in and for Wasatch County as to a Petition for Divorce under U.C.A. § 30-3-1, et. seq

Brody N. Miles, Grant Dickinson, Attorney for James Moyle Appellant

Sarah Jenkins Dewey, Bart Johnsen, Hannah Ector, Attorneys for Brianna Moyle Appellee

James Moyle V. Brianna Moyle : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appellant’s Reply Brief and Response to Appellee’s Cross-Appeal Appeal from ruling of the Honorable Judge Jennifer Mabey of the Fourth Judicial District in and for Wasatch County as to a Petition for Divorce under U.C.A. § 30-3-1, et. seq.

Brody N. Miles Grant Dickinson Moody Brown Law Attorney for James Moyle

Sarah Jenkins Dewey Bart Johnsen Hannah Ector Parsons Behle & Latimer Attorneys for Brianna Moyle

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

State Of Utah, Plaintiff And Appellee V. Jessica Buck, Defendant And Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from a sentence, judgment, and commitment issued on August 28, 2023, in the Seventh Judicial District, Carbon County, the Honorable Jeremiah Humes presiding K.

K. ANDREW FITZGERALD, Counsel for Appellant

CHRISTIAN B. BRYNER, DOMINIQUE KIAHTIPES, Counsel for Appellee

Sumukh Llc And Nalin Bhatt, Appellants V. Russell A. Cline Pc, Russell Cline, Crippen & Cline, L.C, Appellees : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

appeal from the Third Judicial District Court, Salt Lake County, Honorable James D. Gardner, District Court No. 190902530 __________________ Russell A. Cline CRIPPEN and CLINE, LC

State Of Utah, Appellee V. Robert Kyle Payne, Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from post sentencing judgment and commitment entered June 10 th, 2024, in the Second Judicial District, Farmington, by the Honorable David J. Williams presiding

Colleen K. Coebergh, Counsel for Appellant

ADAM BLANCH, Troy Rawlings, Counsel for Appellee

Capital Stack Ut Llc, Appellee V. Gowtham Reddy; Genesis Capital Investments, Llc; Jga Development, Llc; Genesis Opportunity Zone Fund; Shiva Holdings, Llc; And Project 557 First St Development, Appellants : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Third Judicial District Court, Salt Lake County Honorable Patrick Corum

Kennedy D. Nate, Austin C. Nate, Counsel for Appellants

Anna Rubin, Erik A. Christiansen, Alex N. Vandiver, Counsel for Appellee