Digital Commons Network^™

Estate Of Kasey Christiansen, By And Through Personal Representative, David Christiansen, Kaitlin Christiansen, And Jocalyn Christiansen, Personally, As Heirs Of Kasey Christiansen, Appellants, Vs. Harrison Western Construction Corporation, A Colorado Company, Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

On interlocutory appeal from the Third Judicial Circuit Salt Lake Court, Case No. 170905685, Honorable Judge James Gardner

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

Utah Court of Appeals Briefs (2007– 2019)

Brief of Appellee

Appeal from convictions for one count of tax evasion, a
second-degree felony, and three counts of failure to render a
tax return, third-degree felonies, in the Third Judicial District,
Salt Lake County, the Honorable Roger S. Dutson presiding

The Bank Of New York Mellon Fka The Bank Of New York, As Trustee For The Certificateholders Cwmbs Series 2006-Hyb5, Plaintiff And Appellee, V. Paula A. Mitchell, Defendant And Appellant. America First Federal Credit Union, Pepperwood Homeowner's Association, And John Does 1-5, Defendants (Not Participating) : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

APPELLEE'S BRIEF

Appeal from the Orders of the Third Judicial District Court
by the Honorable Todd Shaughnessy

2018-2019 Byu Law Review Masthead

BYU Law Review

No abstract provided.

Byu Law School Faculty Listing

BYU Law Review

No abstract provided.

The Stock Exchange As Multi-Sided Platform And The Future Of The National Market System, Steven Mcnamara

BYU Law Review

Since Regulation National Market System (Regulation NMS) came into force a decade ago, computer technology has transformed the stock markets. While Regulation NMS benefited investors by lowering stated transaction costs, it also created today’s complex and fragmented trading system. An increasing amount of trading now occurs off-exchange in dark pools and other “non-lit” venues, and hidden costs proliferate. In addition to the profits taken by high-frequency traders, these include the defensive costs of the technological arms race, the possibility of another “Flash Crash,” public suspicions of “rigged” stock markets, reduced allocative efficiency, and rising proprietary data fees paid by stockbrokers …

Congress, Let Bicycles Back In, Andrew Applegate

BYU Law Review

The Wilderness Act of 1964 protects certain federal lands in the United States, called “wilderness areas,” from human habitation and development. When the Wilderness Act was first passed, nonmotorized bicycle travel was allowed in wilderness areas. However, in 1984, the United States Forest Service altered its interpretation of the statutory text of the Wilderness Act and banned nonmotorized bicycle travel in wilderness areas. Seeking to reverse the Forest Service’s blanket-ban on bicycles in wilderness areas, bicycle activists sought a legislative remedy. In March of 2017, House Federal Lands Subcommittee Chairman Tom McClintock introduced House Bill 1349 to the United States …

Table Of Contents

BYU Law Review

No abstract provided.

Treating Fair Use As An Easement On Intellectual Property, Karl Kowallis

BYU Law Review

Copyright holders have run with the copyright-as-property analogy to strengthen their rights, to the detriment of the public. There are few barriers to copyright holders locking all content behind paywalls regardless of the mixed public domain nature of the content or the fair use intentions of the public. If fair use is treated as an easement, fair use applies even if a law doesn’t explicitly invoke it, the public’s fair use rights cannot be eliminated, and copyright holders may be enjoined if they completely block fair use rights. In his 2016 article “Copyright Easement,” Jason Mazzone argues copyright easements are …

Out Of Many, One: Discovering The Shared Statutory Speech Community Through Corpus Linguistics, Justin A. Miller

BYU Law Review

No abstract provided.

State Of Utah, Plaintiff/Appellee, V. Ernest Clayton Harper, Defendant/Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLANT

On appeal from the Third Judicial District Court, Salt Lake County,
Honorable Katie Bernards Goodman, presiding
Defendant is incarcerated

State Of Utah, Plaintiff/Appellee, V. David Bryce Jones, Defendant/Appellant : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Reply Brief of Appellant

Appeal from convictions for abuse, neglect or exploitation of a vulnerable
adult, and unlawful dealing of property by a fiduciary, both second degree
felonies, in the Third Judicial District, Salt Lake County, the Honorable James
T. Blanch presiding.

The State Of Utah, Plaintiff/Appellee, V. Christopher Kim Leech, Defendant/Appellant : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

REPLY BRIEF OF APPELLANT

Appeal from convictions for one count of aggravated murder, a first degree
felony, in violation of Utah Code 76-5-202; two counts of aggravated
kidnapping, first degree felonies, in violation of Utah Code 76-5-302; two counts
of aggravated robbery, first degree felonies, in violation of Utah Code 76-6-302;
and one count of obstructing justice, a first degree felony, in violation of Utah
Code 76-8-306(1), in the Third Judicial District Court, in and for Salt Lake
County, State of Utah, the Honorable Randall Skanchy presiding.

Appellant is incarcerated.

Frontmatter

Brigham Young University Education and Law Journal

No abstract provided.

Monetary Liability Of Public School Employees Under The Idea And Section 504/Ada, Perry A. Zirkel

Brigham Young University Education and Law Journal

No abstract provided.

The Federal Role In Universal Pre-K, Brian Mcwalters

Brigham Young University Education and Law Journal

No abstract provided.

Separating The Wheat From The Tares: The Supreme Court's Premature Strict Scrutiny Of Race-Based Remedial Measures In Public Education, Hayden Smith

Brigham Young University Education and Law Journal

No abstract provided.

Armed And Dangerous - Teachers? A Policy Response To Security In Our Public Schools, Todd A. Demitchell, Christine C. Rath

Brigham Young University Education and Law Journal

No abstract provided.

Byu Law School Faculty Listing, Greg L. Johnson

Brigham Young University Journal of Public Law

No abstract provided.

2018-2019 Byu Journal Of Public Law Masthead

Brigham Young University Journal of Public Law

No abstract provided.

Byu Law School Faculty Listing

Brigham Young University Journal of Public Law

No abstract provided.

Table Of Contents

Brigham Young University Journal of Public Law

No abstract provided.

Notice And Consent: A Healthy Balance Between Privacy And Innovation For Wearables, Erika J. Nash

Brigham Young University Journal of Public Law

No abstract provided.

2018-2019 Byu Journal Of Public Law Masthead, Roger R. Foote

Brigham Young University Journal of Public Law

No abstract provided.

A Modest Proposal On Supreme Court Unanimity To Constitutionally Invalidate Laws, Kyle S. Mckay

Brigham Young University Journal of Public Law

No abstract provided.

Intrinsic Evidence: Do Utah Prosecutors Too Often Neglect This Avenue Of Admissibility?

Brigham Young University Journal of Public Law

No abstract provided.

Restoring Reputational Rights Through A Government Publication Of A Declaration Of Innocence, Michael M. Berger

Brigham Young University Journal of Public Law

In a society that has become increasingly interconnected through advancements in technology, the stig matizing consequences of a false criminal accusation or conviction ca n be devastating. Ironically, unlike the technological advancements societ y has experienced, the ability to protect one’s reputation from such harm requires using the same limited remedies that existed decades ago. With few effective remedies available, those who have been falsely accused or convicted of a crime are without adequate ways to restore their reputations. To fill this remedial void, the federal government should create a forum whereby an individual’s innocence might be published as government …

Notice And Consent: A Healthy Balance Between Privacy And Innovation For Wearables, Greg L. Johnson

Brigham Young University Journal of Public Law

No abstract provided.

The Politics Of The Law-Politics Dichotomy, Stephen M. Feldman

Brigham Young University Journal of Public Law

Throughout American history, judges and legal scholars have articulated and maintained a sharp separation between law and politics. This essay asks the question: Why do so many judges and scholars devote so much time and energy to bolstering this law-politics dichotomy? Using William Baude and Stephen E. Sachs’s recent article “The Law of Interpretation as a Sp ringboard,” this essay explores the history and political valence of the dichotomy. From Baude and Sach’s perspective, politics is like a disease: if it infects legal interpretation, then it threatens the health of the judicial process. But the history of the law-politics dichotomy …

Intrinsic Evidence: Do Utah Prosecutors Too Often Neglect This Avenue Of Admissibility?, Blake R. Hills

Brigham Young University Journal of Public Law

No abstract provided.