Digital Commons Network^™

Militant Or Bystander: How To Protect Democracy, Amos N. Guiora, Kristine J. Ingle

Brigham Young University Journal of Public Law

No abstract provided.

Restoring Reputational Rights Through A Government Publication Of A Declaration Of Innocence, Brent Miller

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 …

A Modest Proposal On Supreme Court Unanimity To Constitutionally Invalidate Laws, Dwight G. Duncan

Brigham Young University Journal of Public Law

No abstract provided.

Challenging Payday Lenders By Opening Up The Market For Small-Dollar Loans, Eliza Platts-Mills, Justin Chung

Brigham Young University Journal of Public Law

“Why hasn’t someone else stepped in to lend at lower interest rates?” is the question frequently asked in discussions of payday loans. The average payday loan carries an Annual Percentage Rate (APR) of over 300%. Given the strength of th e payday lenders lobby at the federal and state level, one way to help low- and moderate-income households escape the financial harms of pa yday loans is to encourage other lenders to enter the small-dollar loan market and offer more affordable products. Over the past ten years, an array of affordable small-dollar loan programs offered by banks, credit unions, non-profit …

The Politics Of The Law-Politics Dichotomy, Dean E. Conder

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 …

Table Of Contents, David C. Nye

Brigham Young University Journal of Public Law

No abstract provided.

Militant Or Bystander: How To Protect Democracy, Judith M. Billings

Brigham Young University Journal of Public Law

No abstract provided.

Challenging Payday Lenders By Opening Up The Market For Small-Dollar Loans, Rex E. Lee

Brigham Young University Journal of Public Law

“Why hasn’t someone else stepped in to lend at lower interest rates?” is the question frequently asked in discussions of payday loans. The average payday loan carries an Annual Percentage Rate (APR) of over 300%. Given the strength of th e payday lenders lobby at the federal and state level, one way to help low- and moderate-income households escape the financial harms of pa yday loans is to encourage other lenders to enter the small-dollar loan market and offer more affordable products. Over the past ten years, an array of affordable small-dollar loan programs offered by banks, credit unions, non-profit …

State Of Utah, Plaintiff/Appellee, V. Joseph Crescencio Granados, Defendant/Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Brief of Appellee

Appeal from convictions for attempted murder, a first degree
felony; possession of a dangerous weapon by a restricted
person, a second-degree felony; failure to stop at command of
police and criminal mischief, both third-degree felonies;
possession of a controlled substance, a class-A misdemeanor;
and possession of drug paraphernalia, a class-B misdemeanor;
in the Third Judicial District, Salt Lake County, the Honorable
Paul B. Parker presiding

Bias, Employment Discrimination, And Black Women's Hair: Another Way Forward, Crystal Powell

BYU Law Review

No abstract provided.

2018-2019 Byu Law Review Masthead

BYU Law Review

No abstract provided.

Byu Law School Faculty Listing

BYU Law Review

No abstract provided.

Table Of Contents

BYU Law Review

No abstract provided.

The Nonprofit Sector's Uncertain Future In A Post-Tcja America, Jt Alston

BYU Law Review

The tax deduction for charitable contributions has existed in the Internal Revenue Code in some form since the early 1900s. While the charitable deduction has been preserved in the U.S. tax code for more than 100 years, the Tax Cuts and Jobs Act (TCJA) of December 2017 threatens charities by removing the tax incentive to donate to charity from all but the wealthiest taxpayers. Both charities and nonprofits play a vital role in the U.S. economy by providing some goods and services more efficiently than the public or private sectors. In this Note I explore the role of nonprofits in …

The Evolution Of Entrepreneurial Finance: A New Typology, J. Brad Bernthal

BYU Law Review

There has been an explosion in new types of startup finance instruments. Whereas twenty years ago preferred stock dominated the field, startup companies and investors now use at least eight different instruments—six of which have only become widely used in the last decade. Legal scholars have yet to reflect upon the proliferation of instrument types in the aggregate. Notably missing is a way to organize instruments into a common framework that highlights their similarities and differences. This Article makes four contributions. First, it catalogues the variety of startup investment forms. I describe novel instruments, such as revenue-based financing, which remain …

Small Family Farms And Natural Disasters: Natural Disasters Disproportionately Hurt Small Farms, But Should The Government Care?, Luisa Lloyd Gough

BYU Law Review

No abstract provided.

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

Utah Court of Appeals Briefs (2007– 2019)

Brief of Appellee

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

Northern Monticello Alliance, Llc, A Utah Limited Liability Company, Plaintiff/ Appellant V. San Juan County Commission, A Political Subdivision Of The State Of Utah, Defendants/ Appellees : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the Seventh Judicial District Court, San Juan County, Utah The Honorable Lyle Anderson, District Court Judge

Mark C. Haik, Petitioner/ Appellant V. Salt Lake County Board Of Health, Respondent/ Appellee : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the Third Judicial District Court, Salt Lake County, Utah Case No. 130907518 The Honorable Su Chon, Presiding

Bridget K. Romano (#6979), Deputy District Attorney, Sim Gill (#6389), District Attorney, OFFICE OF THE SALT LAKE COUNTY, DISTRICT ATTORNEY,

Paul R. Haik (#10897), KREBSBACH & HAIK, LTD.

Mark C. Haik, Appellant V. Salt Lake County Board Of Health, Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the Third Judicial District Court, Salt Lake County, Utah Case No. 130907518 The Honorable Su Chon, Presiding

Bridget K. Romano (#6979), Sim Gill (#6389), Attorneys for Appellee

Paul R. Haik (#10897), Attorneys for Appellant

Mark C. Haik, Petitioner/ Appellant V. Salt Lake County Boardof Health, Respondent/ Appellee : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the Third Judicial District Court, Salt Lake County, Utah

Mark C. Haik, Petitioner/ Appellant V. Salt Lake County Boardof Health, Respondent/ Appellee : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

ON APPEAL FROM THIRD DISTRICT COURT

Mark C. Haik, Appellant V. Salt Lake County Board Of Health, Appellee : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIDGET K. ROMANO, SIM GILL, Attorneys for Appellee

BRIDGET K. ROMANO, SIM GILL, Attorneys for Appellee

PAUL R. HAIK, Attorneys for Appellant

Mark C. Haik, Petitioner/ Appellant V. Salt Lake County Board Of Health, Respondent/ Appellee : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

SALT LAKE COUNTY BOARD OF HEALTH'S ANSWER BRIEF ON APPEAL FROM THIRD DISTRICT COURT JUDGE Su CHON FINAL ORDER DENYING PETITION FOR JUDICIAL REVIEWT

BRIDGET K. ROMANO (6979), Deputy District Attorney, SIM GILL (6389), District Attorney, Office of the Salt Lake County, District Attorney, Attorneys for Appellee

PAUL R. HAIK (10897), KREBSBACH & HAIK, LTD, Attorneys for Appellant

State Of Utah Plaintiff/ Appellee V. Julius Ochieng Olola Defendant/Appellant: Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

APPEAL FROM A JUDGMENT SENTENCE AND CONVICTION OF DRIVING UNDER THE INFLUENCE OF ALCOHOL, A THIRD DEGREE FELONY, AND RELATED OFFENSES IN THE THIRD JUDICIAL DISTRICT COURT

Utah Attorney General, Counsel for Appellee

HERSCHEL BULLEN, Counsel for Appellant

State Of Utah, Plaintiff/Appellee, Vs. Julius Ochieng Olola, Defendant/Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

APPEAL FROM A JUDGMENT SENTENCE AND CONVICTION OF DRIVING UNDER THE INFLUENCE OF ALCOHOL, A THIRD DEGREE FELONY, AND RELATED OFFENSES IN THE THIRD JUDICIAL DISTRICT COURT

Utah Attorney General, Counsel for Appellee

HERSCHEL BULLEN (0482), Attorney at Law, Counsel for Appellant

Steve Massengale, Petitioner/ Appellant V. Alliant Techsystems, Inc,, Respondents/ Appellees : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the Utah Labor Commission

The Games They Will Play: Tax Games, Roadblocks, And Glitches Under The 2017 Tax Legislation, David Kamin, David Gamage, Rebecca Kysar, Darien Shanske, Reuven Avi-Yonah, Lily Batchelder, J. Clifton Clifton Fleming Jr., Daniel Hemel, Mitchell Kane, David Miller, Daniel Shaviro, Manoj Viswanathan

Faculty Scholarship

The 2017 tax legislation brought sweeping changes to the rules for taxing individuals and business, the deductibility of state and local taxes, and the international tax regime. The complex legislation was drafted and passed through a rushed and secretive process intended to limit public comment on one of the most consequential pieces of domestic policy enacted in recent history. This Article is an effort to supply the analysis and deliberation that should have accompanied the bill’s consideration and passage and describes key problem areas in the new legislation. Many of the new changes fundamentally undermine the integrity of the tax …

State Of Utah, Plaintiff/Appellee, V. Robert Brian Walton, Defendant/Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Brief of Appellee

Consolidated appeal from convictions for retaliating against a
witness and stalking, both third degree felonies, in the Third
Judicial District, Salt Lake County, the Honorable Paul B.
Parker and Mark S. Kouris presiding

Risk Taking And Rights Balancing In Intellectual Property Law, Clark Asay

Faculty Scholarship

Scholars have long worried that risk aversion can have significant negative effects in the marketplace. In the intellectual property law domain, some have worried that risk-averse actors can negatively influence the development of important intellectual property law doctrines, which can ultimately hamper innovation. For instance, risk-averse actors may frequently choose to obtain licenses for rights that the relevant laws do not actually require of them. When they do so, they inadvertently increase the scope of intellectual property rights because their risk-averse activities inform courts’ development of key intellectual property law doctrines. In this Article, prepared as part of the IP …