Digital Commons Network^™

Forward: State Enforcement In An Interstate World, Margaret H. Lemos

BYU Law Review

“State Enforcement in an Interstate World” is an important topic—fully deserving of all the attention it has received. Past commentators on this topic have generally treated the federal government as a unitary entity. Building on prior work on the subject, this Article explores the polycentric nature of federal regulatory authority and shows how cooperation and rivalry have long been dominant realities of the modern administrative state. The Article discusses how these dynamics complicate analysis of state enforcement in an interstate world and identifies strategies for reducing the frequency and magnitude of the seemingly inevitable conflicts.

State Enforcement In A Polycentric World, David A. Hyman, William E. Kovacic

BYU Law Review

No abstract provided.

Class Actions, Jurisdiction, And Principle In Doctrinal Design, David Marcus, Will Ostrander

BYU Law Review

No abstract provided.

A State Is A “They,” Not An “It”: Intrastate Conflicts In Multistate Challenges To The Affordable Care Act, Anthony Johnstone

BYU Law Review

No abstract provided.

The (Surprisingly) Prevalent Role Of States In An Era Of Federalized Class Actions, Linda S. Mullenix

BYU Law Review

In enacting the Class Action Fairness Act of 2005 (CAFA), Congress intended to expand access to the federal courts for interstate class actions by creating minimal diversity and removal jurisdiction. In Section 2 of the Act, “Findings and Purposes,” Congress stated that class action abuses undermined “the concept of diversity jurisdiction as intended by the Framers of the United States Constitution” in that state courts kept cases of national importance out of federal court and sometimes demonstrated bias against out-of-state defendants. Congress stated that a purpose of CAFA was to “restore the intent of the framers of the United States …

Caught By The Cat’S Paw, Sandra F. Sperino

BYU Law Review

Federal employment discrimination law is enamored with court-created doctrines with catchy names. A fairly recent addition to the canon is the concept of the “cat’s paw,” formally recognized by the U.S. Supreme Court in Staub v. Proctor Hospital. With its name … drawn from a fable, the concept of cat’s paw has taken ground quickly, discussed in hundreds of cases.

The Supreme Court recognized the cat’s paw theory in a case where a hospital fired a worker. The person who made the ultimate decision did not have impermissible bias. However, her decision was influenced by information from two supervisors who …

2019-2020 Byu Law Review Masthead

BYU Law Review

No abstract provided.

Byu Law School Faculty Listing

BYU Law Review

No abstract provided.

Byu Law Review Subscription Information

BYU Law Review

No abstract provided.

Table Of Contents

BYU Law Review

No abstract provided.

Owning Nothingness: Between The Legal And The Social Norms Of The Art World, Guy A. Rub

BYU Law Review

Almost $8 million—that is what the Crystal Bridges Museum paid for one work of contemporary art in November 2015. What did that museum get for that hefty sum? From a legal perspective, absolutely nothing. The work it purchased was just an idea, and ideas of this kind escape legal protection.

Despite this lack of legal protection, the social norms of the art world lead large, sophisticated, experienced, and legally represented institutes to pay millions of dollars for this type of work. This Article is one of the first in legal scholarship to examine at depth those norms in this multibilliondollar …

Reputation Systems Bias In The Platform Workplace, E. Gary Spitko

BYU Law Review

Online reputation systems enable the providers and consumers of a product or service to rate one another and allow others to rely upon those reputation scores in deciding whether to engage with a particular provider or consumer. Reputation systems are an intrinsic feature of the platform workplace, in which a platform operator, such as Uber or TaskRabbit, intermediates between the provider of a service and the consumer of that service. Operators typically rely upon consumer ratings of providers in rewarding and penalizing providers. Thus, these reputation systems allow an operator to achieve enormous scale while maintaining quality control and user …

The California Coastal Commission’S Efforts To Provide Affordable Overnight Accommodations By Preempting Cities’ Constitutional Police Power, Taylor Smith

BYU Law Review

No abstract provided.

Corpus Linguistics And Gun Control: Why Heller Is Wrong, Kyra Babcock Woods

BYU Law Review

No abstract provided.

It’S Whose Party? Accurately Defining Political Parties In First Amendment Cases, Makade Claypool

BYU Law Review

No abstract provided.

Freight Tec Management Group, Inc. A Utah Corporation, Appellee V. Chemex, Inc., A Pennsylvania, Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

APPEAL FROM JUDGMENT AND ORDERS AGAINST CHEMEX, INC. ENTERED BY JUDGE DAVID J. WILLIAMS UTAH SECOND DISTRICT COURT FOR DAVIS COUNTY

Brennan H. Moss ARMSTRONG TEASDALE LLP Attorneys for Appellant

Stevan R. Baxter Chase B. Ames SKOUBYE NIELSON & JOHANSEN, LLC Attorneys for Appellee

Macy's Southtowne Center; Appellants/Petitioner V. Labor Commission And Diahann T. Jensen : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the Utah Labor Commission's Order Denying Request for Reconsideration, entered on March 27, 2020

Christopher C. Hill, Attorney for Appellee Utah Labor, Loren M . Lambert, Attorney for Appellee Diahann T. Jensen

Theodore E. Kanell, Daniel E. Young, Attorneys for Appellant Macy's Southtowne Center

Arlingto Management As Socia Tes, Inc., A Utah, Plaintiff/ Appellant V. Urology Clinic Of Utah Valley, Llc, A Utah Limited Liability Company., Defendant/ Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

APPEAL FROM AN ORDER OF THE FOURTH DISTRICT COURT, UTAH COUNTY, DISTRICT JUDGE THOMAS L. LOW

Rodney R. Parker (4110) SNOW, CHRISTENSEN & MARTINEAU Todd E. Zenger (5238) DUREN IP Attorneys for Appellee

R. Stephen Marshall (2097) Kevin M. Paulsen (15219) MARSHALL OLSON & HULL, P.C. Attorneys for Appellant

State Of Utah, Plaintiff/Appellee V. Antonio Valentin Ruiz, Defendant/Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from convictions for possession of a firearm by a restricted person, a second degree felony, and assault on a pregnant woman, a class A misdemeanor, in the Second Judicial District, Weber County, the Honorable Mark R. DeCaria presiding

JOSEPH JARDINE, Counsel for Appellant

JEFFREY S. GRAY, SEAN D. REYES, LEITITIA J. TOOMBS, Counsel for Appellee

State Of Utah, Plaintiff/Appellee Vs. Alex Christopher Mendoza, Sr. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

APPEAL FROM A JUDGMENT SENTENCE AND CONVICTION OF, OBSTRUCTING JUSTICE, UTAH CODE ANN. § 76-8.-3,06(1), A CLASS A MISDEMEANOR IN THE THIRD JUDICIAL DISTRICT COURT

UTAH ATTORNEY GENERAL Counsel for Appellee

HERSCHEL BULLEN Attorney at Law Counsel for Appellant

2019-2020 Byu Law Review Masthead

BYU Law Review

No abstract provided.

Byu Law School Faculty Listing

BYU Law Review

No abstract provided.

Byu Law Review Subscription Information

BYU Law Review

No abstract provided.

Table Of Contents

BYU Law Review

No abstract provided.

Invasion Of The Content-Neutrality Rule, William D. Araiza

BYU Law Review

No abstract provided.

Copyright’S Memory Hole, Eric Goldman, Jessica Silbey

BYU Law Review

There is growing interest in using copyright to protect the privacy and reputation of people depicted in copyrighted works. This pressure is driven by heightened concerns about privacy and reputation on the Internet, plus copyright’s plaintiff-favorable attributes compared to traditional privacy and reputation torts.

The Constitution authorizes copyright law because its exclusive rights benefit society by increasing our knowledge. But copyright law is being misdeployed by suppressing socially valuable works in a counterproductive attempt to advance privacy and reputation interests. This results in “memory holes” in society’s knowledge, analogous to those discussed in George Orwell’s dystopian novel 1984.

This Article …

“My Computer Is My Castle”: New Privacy Frameworks To Regulate Police Hacking, Ivan Škorvánek, Bert-Jaap Koops, Bryce Clayton Newell, Andrew Roberts

BYU Law Review

Several countries have recently introduced laws allowing the police to hack into suspects’ computers. Legislators recognize that police hacking is highly intrusive to personal privacy but consider it justified by the increased use of encryption and mobile computing—both of which challenge traditional investigative methods. Police hacking also exemplifies a major challenge to the way legal systems deal with, and conceptualize, privacy. Existing conceptualizations of privacy and privacy rights do not always adequately address the types and degrees of intrusion into individuals’ private lives that police hacking powers enable.

Traditional privacy pillars such as the home and secrecy of communications do …

Big Agriculture And Harm To Minority Communities: How Administrative Civil Rights Complaints Are The Solution, Morgan Drake

BYU Law Review

No abstract provided.

Utility Token Offerings: Can A Security Transform Into A Non-Security?, Scott W. Maughan

BYU Law Review

No abstract provided.

Susan Watson, Appellant V. Labor Commission, Horizon Home Health,, Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

CHAD P. CURTIS, Attorney for Appellee, Christopher C. Hill

Loren M. Lambert, No. 5101, Attorney for Appellant