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

Utah Court of Appeals Briefs (2020 –)

Appeal from the Fourth Judicial District Court, Wasatch County, Utah The Honorable Jennifer Mabey, Presiding

Bart J. Johnsen, USB 7068 Sarah Jenkins Dewey, USB 15640 Hannah Ector, USB 17980 PARSONS BEHLE & LATIMER Attorneys for Appellee Brianna Moyle

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 : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the First Judicial District Court Case No. 210100162 Cache County, State of Utah The Honorable Judge Angela Fonnesbeck

Brad H. Bearnson, Wayman M. Stodart, Attorneys for Appellants/Plaintiffs

George W. Burbidge II, W. Kevin Tanner, Attorneys for Appellee/Defendant Staker & Parson Companies, Joseph E. Minnock, Anna Nelson, Attorneys for Appellee Utah Department of Transportation

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

Utah Court of Appeals Briefs (2020 –)

BRIEF OF APPELLEES STAKER & PARSON COMPANIES AND UTAH DEPARTMENT OF TRANSPORTATION Appeal from the First Judicial District Court Case No. 210100162 Cache County, State of Utah The Honorable Judge Angela Fonnesbeck

Brad H. Bearnson Wayman M. Stodart BEARSON & CALDWELL, LLC Attorneys for Appellants/Plaintiffs

George W. Burbidge II (6503) W. Kevin Tanner (8872) CHRISTENSEN & JENSEN, P.C. Attorneys for Appellee/Defendant Staker & Parson Companies

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

Do Prosecutorial Declination Trends Provide Hope For Reducing Mass Incarceration?, Shima Baradaran Baughman

Faculty Scholarship

This Article examines prosecutorial declination—the decision not to bring charges despite sufficient evidence—and its potential role in addressing mass incarceration. Although prosecutors possess broad discretion and are frequently identified as key actors capable of reducing incarceration rates, little empirical evidence exists regarding how prosecutors actually make charging decisions. Drawing on the largest national field experiment involving prosecutors, this study analyzes how prosecutors respond when given discretion in borderline cases without evidentiary or resource constraints. The findings indicate that prosecutors overwhelmingly choose to charge rather than decline, even when factors suggest restraint may be appropriate. These results challenge claims that prosecutorial …

2025 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.

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 …

The Prosecutor Vacancy Crisis, Adam M. Gershowitz

BYU Law Review

There is a prosecutor vacancy crisis in the United States. Prosecutors are quitting in droves and there are few applicants to replace them. In Houston and Los Angeles, more than 15% of prosecutor positions are open. In Detroit, the vacancy rate exceeds 20%. In Alameda, 25% of prosecutor positions are empty. And in Miami, a staggering 33% of prosecutor positions are unfilled. The situation is equally dire in many large and small counties across the nation.

Drawing on data and interviews from more than two-dozen district attorney’s offices, this Article documents how low salaries, massive caseloads, lack of remote work …

Is An Autonomous Vehicle A Roller Coaster Or A Hollywood Film? Trust, Safety, And Industry Self-Regulation, Tracy Hresko Pearl

BYU Law Review

Regulation of autonomous vehicles continues to be a daunting task in the United States, and the federal government has not yet succeeded in creating a regulatory scheme that intelligently addresses the risks and benefits of these vehicles. There are multiple reasons for this regulatory lag. Autonomous vehicles are developing at such a rapid pace that lawmakers, who often struggle with technological literacy, struggle to keep up. Additionally, government agencies lack the level of expertise, experience, and data that the industry possesses.

Industry self-regulation offers a meaningful alternative for increasing the safety of autonomous vehicles and building consumer trust. The success …

“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 …

Into The Sunset: Divorcing Families Need Their Slice Of The Tcja Reversions, John C. Mcdonald

BYU Law Review

On its path to sufficiently offsetting its major cut to the corporate income tax rate in 2017, Congress turned to a surprising source for funds: the alimony support payments of recently divorced families. Alimony’s inclusion/deduction regime in §§ 71 and 215 of the Code allowed divorcing couples to reach mutually beneficial divorce agreements for over half a century until it was unceremoniously repealed by the Tax Cuts and Jobs Act of 2017 with a striking lack of satisfying legislative justifications. This Note suggests that in evaluating the impact of the repeal, Congress and others have failed to consider an important …

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

Jessy Mckee And Shayne Mackee, Appellants V. Clayton Mckeachine, Carolyn Harns, G&C Servi Es Inc., And Irene Mckee, Appellees : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the Order of Permanent Appointment of Limited Guardian and Full Conservator of Incapacitated Persons entered on August 10, 2023 by the Honorable Gregory Lamb, Eighth Judicial District Court, in and for Uintah County, State of Utah, Case No. 21380083.

Alan Dunaway, Attorney for Appellant, Clayton Mckeachnie, Pro Se Appellee, Kurt D. Reber, Attorneys for Appellee G&C Services, Inc

Kenneth J. Melrose, Attorney for Appellee Irene McKee, Deborah R. Chandler, Attorney for Christine DeLambert

Full Issue

BYU Law Review

No abstract provided.

2024 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.

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 …

Disclose By Law, Obfuscate By Strategy: A Corpus-Based Analysis Of Patent Filings, Katherine Ireland, W. Michael Schuster, Tim R. Samples

BYU Law Review

The patent system encourages dissemination of technical information by granting inventors exclusive rights to their inventions in exchange for public disclosure of their technology. The American Inventors Protection Act (AIPA), enacted in 1999, advanced this goal by increasing the scope and speed of disclosure. Previously, filings were published only if and when a patent was granted, but under the AIPA most applications are published eighteen months after filing. The sum of those changes amplified a fundamental tradeoff between protection and exposure. Although patents offer protection, competitors can exploit disclosures by integrating the innovations into their own research and development efforts. …