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Citizenship Gaps, D. Carolina Nuñez Jan 2019

Citizenship Gaps, D. Carolina Nuñez

Faculty Scholarship

The concept of citizenship is undeniably powerful. The terms “citizenship” and “citizen” evoke notions of belonging, participation, equality, civic duty, democracy, and virtually any other term associated with a well-functioning polity. In fact, the term “citizenship” often serves as a shorthand reference to an abstract sense of civic virtue and the right to exercise that civic virtue to shape the polity. Citizenship, as popularly imagined, is a fundamental element of our democracy.

These noble ideals, however, do not necessarily map onto any legal definition of citizenship, nor do they accurately depict the experience of many U.S. citizens who find themselves …


Enforcement Piggybacking And Multistate Actions, Elysa Dishman Jan 2019

Enforcement Piggybacking And Multistate Actions, Elysa Dishman

Faculty Scholarship

Civil enforcement in the United States is uniquely “multienforcer.” Numerous public and private enforcers including federal agencies, state attorneys general (AGs), and private litigants have overlapping authority to enforce myriad federal and state laws. Ideally, enforcers would complement one another’s efforts and use their comparative enforcement advantages to broaden the scope of enforcement and act as a check on underenforcement. But in reality, enforcers are often attracted to the same targets—large, public, deep-pocketed corporations. This means that multiple enforcers may pursue essentially the same enforcement action, arising from the same series of events and against the same target. Redundant enforcement …


Relational Preferences In Chapter 11 Proceedings, Brook Emerald Gotberg Jan 2019

Relational Preferences In Chapter 11 Proceedings, Brook Emerald Gotberg

Faculty Scholarship

It is no secret that creditors hate so-called "preference" actions, which permit a debtor to recover payments made to creditors on the eve of bankruptcy for the benefit of the estate. Nominally, preference actions are intended to equalize the extent to which each unsecured creditor must bear the loss of a bankruptcy discharge, or to discourage creditors from rushing to collect from the debtor in such a way that will push an insolvent debtor into bankruptcy. But empirical evidence strongly suggests that, at least in chapter 11 reorganization proceedings, preference actions do not fulfill either of these stated goals. Interviews …


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 Dec 2018

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


Troy Michael Kell, Petitioner/Apoellant, V. State Of Utah, Respondent/Appellee. : Brief Of Appellee, Utah Supreme Court Dec 2018

Troy Michael Kell, Petitioner/Apoellant, V. State Of Utah, Respondent/Appellee. : Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Brief of Appellee

Appeal from the denial of a petition for post-conviction relief,
in the Sixth Judicial District, Sanpete County, the Honorable
Wallace Lee presiding


Melanie Madsen Thatcher, Plaintiff And Appellee/Cross-Appellant, V. Michael Lang, Defendant And Appellant/Cross-Appellee : Reply Brief, Utah Court Of Appeals Dec 2018

Melanie Madsen Thatcher, Plaintiff And Appellee/Cross-Appellant, V. Michael Lang, Defendant And Appellant/Cross-Appellee : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

REPLY BRIEF OF APPELLANT AND
BRIEF OF CROSS-APPELLEE

On appeal from a judgment of the Fifth District Court for Washington County,
The Honorable G. Michael Westfall


Melanie Madsen Thatcher, Plaintiff And Appellee, V. Michael Lang, Defendant And Appellant : Brief Of Appellant, Utah Court Of Appeals Dec 2018

Melanie Madsen Thatcher, Plaintiff And Appellee, V. Michael Lang, Defendant And Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF FOR APPELLANT

On appeal from a judgment of the Fifth District Court for Washington County,
The Honorable G. Michael Westfall


Melanie A. Madsen Thatcher, Plaintiff/Appellee/Cross-Appellant, V. Michael Lang, Defendant/Appellant/Cross-Appellee : Brief Of Appellee, Utah Court Of Appeals Dec 2018

Melanie A. Madsen Thatcher, Plaintiff/Appellee/Cross-Appellant, V. Michael Lang, Defendant/Appellant/Cross-Appellee : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLEE / CROSS-APPELLANT

APPEAL FROM THE FIFTH DISTRICT COURT,
WASHINGTON COUNTY, STATE OF UTAH
THE HON. G. MICHAEL WESTFALL, CIVIL NO. 120500520


Northern Monticello Alliance, Llc, Petitioner And Appellant, Vs. San Juan County Commission Et Al., Respondents And Appellees. : Brief Of Appellee, Utah Court Of Appeals Dec 2018

Northern Monticello Alliance, Llc, Petitioner And Appellant, Vs. San Juan County Commission Et Al., Respondents And Appellees. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from a 28 February 2018 Order Denying Petitioner's Motion for Summary
Judgment and Granting Respondents' Cross-motion for Summary Judgment in the Utah
Seventh District Court, Monticello Department, San Juan County, by the Honorable Lyle
R. Anderson.

APPELLEES REQUEST ORAL ARGUMENT


State Of Utah, Plaintiff/Appellee, V. Patrick Bobby Jr. Galindo, Defendant/Appellant. : Brief Of Appellant, Utah Court Of Appeals Dec 2018

State Of Utah, Plaintiff/Appellee, V. Patrick Bobby Jr. Galindo, Defendant/Appellant. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Opening Brief--PUBLIC

On appeal from the Second Judicial District Court, Weber County,
Honorable Ernie Jones, District Court No. 161901398

Mr. Galindo is incarcerated


State Of Utah, Plaintiff/Appellee, V. Patrick Bobby Galindo, Jr., Defendant/Appellant. : Brief Of Appellee, Utah Court Of Appeals Dec 2018

State Of Utah, Plaintiff/Appellee, V. Patrick Bobby Galindo, Jr., Defendant/Appellant. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Brief of Appellee

Appeal from a conviction for attempted murder, a first degree
felony, and a guilty plea to possession of a firearm by a
restricted person, a second degree felony, in the Second
Judicial District, Weber County, the Honorable Ernie W. Jones
presiding


State Of Utah, Plaintiff/Appellee, V. Jeremiah Ray Hart, Defendant/Appellant. : Brief Of Appellee, Utah Court Of Appeals Dec 2018

State Of Utah, Plaintiff/Appellee, V. Jeremiah Ray Hart, Defendant/Appellant. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Brief of Appellee

Appeal from convictions for aggravated murder, a first degree
felony, obstructing justice, a second degree felony, and
possession of a dangerous weapon by a restricted person, a
second degree felony, in the Third Judicial District, Salt Lake
County, the Honorable Keith A. Kelly presiding


Stuart Wood And Laurie Wood, Plaintiffs And Appellants V. Kns International, L.L.C., A Utah Limited Liability Company And United Parcel Service, Inc., A Delaware Corporation, Defendants And Appellees. : Brief Of Appellant, Utah Court Of Appeals Dec 2018

Stuart Wood And Laurie Wood, Plaintiffs And Appellants V. Kns International, L.L.C., A Utah Limited Liability Company And United Parcel Service, Inc., A Delaware Corporation, Defendants And Appellees. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLANTS

Appeal from the Third District Court, Salt Lake County, Judge Bates


State Of Utah Plaintiff/Appellee V. Jeremiah Ray Hart Defendant/Appellant. : Reply Brief, Utah Court Of Appeals Dec 2018

State Of Utah Plaintiff/Appellee V. Jeremiah Ray Hart Defendant/Appellant. : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

REPLY BRIEF OF APPELLANT

APPEAL FROM A JUDGMENT AND CONVICTION OF AGGRAVATED
MURDER, OBSTRUCTING JUSTICE AND POSSESSION OF A DANGEROUS
WEAPON BY RESTRICTED PERSON IN THE THIRD DISTRICT COURT

The Defendant is Incarcerated in the
Utah State Prison


Stuart Wood And Laurie Wood, Plaintiffs And Appellants, V. Kns International, L.L.C., A Utah Limited Liability Company And United Parcel Service, Inc., A Delaware Corporation, Defendant And Appellee. : Reply Brief, Utah Court Of Appeals Dec 2018

Stuart Wood And Laurie Wood, Plaintiffs And Appellants, V. Kns International, L.L.C., A Utah Limited Liability Company And United Parcel Service, Inc., A Delaware Corporation, Defendant And Appellee. : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

APPELLANTS REPLY BRIEF

Appeal from the Third District Court, Salt Lake County, Judge Bates


State Of Utah, Plaintiff/Appellee, V. Ernest Clayton Harper, Defendant/Appellant. : Brief Of Appellant, Utah Court Of Appeals Dec 2018

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


Melanie Madsen Thatcher, Plaintiff And Appellee/Cross-Appellant, V. Michael Lang, Defendant And Appellant/Cross-Appellee. : Reply Brief, Utah Court Of Appeals Dec 2018

Melanie Madsen Thatcher, Plaintiff And Appellee/Cross-Appellant, V. Michael Lang, Defendant And Appellant/Cross-Appellee. : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

REPLY BRIEF OF APPELLANT AND
BRIEF OF CROSS-APPELLEE

On appeal from a judgment of the Fifth District Court for Washington County,
The Honorable G. Michael Westfall


Melanie A. Madsen Thatcher, Plaintiff/Appellee/Cross-Appellant, Vs. Michael Lang, Defendant/Appellant/Cross-Appellee. : Reply Brief, Utah Court Of Appeals Dec 2018

Melanie A. Madsen Thatcher, Plaintiff/Appellee/Cross-Appellant, Vs. Michael Lang, Defendant/Appellant/Cross-Appellee. : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

REPLY BRIEF OF CROSS-APPELLANT

APPEAL FROM THE FIFTH DISTRICT COURT,
WASHINGTON COUNTY, STATE OF UTAH
THE HON. G. MICHAEL WESTFALL, CIVIL NO. 120500520


Melanie A. Madsen Thatcher, Plaintiff/Appellee/Cross-Appellant, Vs. Michael Lang, Defendant/Appellant/Cross-Appellee. : Brief Of Appellee, Utah Court Of Appeals Dec 2018

Melanie A. Madsen Thatcher, Plaintiff/Appellee/Cross-Appellant, Vs. Michael Lang, Defendant/Appellant/Cross-Appellee. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

SUPPLEMENTAL BRIEF OF APPELLEE/CROSS-APPELLANT

APPEAL FROM THE FIFTH DISTRICT COURT,
WASHINGTON COUNTY, STATE OF UTAH
THE HON. MICHAEL WESTFALL, CIVIL NO. 120500520


Melanie Madsen Thatcher, Plaintiff And Appellee, V. Michael Lang, Defendant And Appellant. : Brief Of Appellant, Utah Court Of Appeals Dec 2018

Melanie Madsen Thatcher, Plaintiff And Appellee, V. Michael Lang, Defendant And Appellant. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF FOR APPELLANT

On appeal from a judgment of the Fifth District Court for Washington County,
The Honorable G. Michael Westfall


Safe Home Control, Inc., Petitioner/Appellant, Vs. Jared Munday Respondent/Appellee. : Brief Of Appellant, Utah Court Of Appeals Dec 2018

Safe Home Control, Inc., Petitioner/Appellant, Vs. Jared Munday Respondent/Appellee. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLANT SAFE HOME CONTROL, INC

Appeal from the Fourth Judicial Court, Utah County
Honorable Christine Johnson, District Court No. 160400579

PUBLIC

ORAL ARGUMENT REQUESTED


Safe Home Control, Inc., Petitioner/Appellant V. Jared Munday, Respondent/Appellee. : Reply Brief, Utah Court Of Appeals Dec 2018

Safe Home Control, Inc., Petitioner/Appellant V. Jared Munday, Respondent/Appellee. : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

REPLY BRIEF OF APPELLANT

Appeal from the Fourth Judicial Court, Utah County
Honorable Christine Johnson, District Court No. 160400579

PUBLIC


Matt Lockin, Appellee, V. Diego Cuilupa-Kaplum, Appellant. : Brief Of Appellant, Utah Court Of Appeals Dec 2018

Matt Lockin, Appellee, V. Diego Cuilupa-Kaplum, Appellant. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

APPELLANT'S OPENING BRIEF


Matt Lockin, Appellee, V. Diego Cuilupa-Kaplum, Appellant. : Reply Brief, Utah Court Of Appeals Dec 2018

Matt Lockin, Appellee, V. Diego Cuilupa-Kaplum, Appellant. : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

APPELLEE'S REPLY BRIEF


State Of Utah, Plaintiff And Appellee, V. Jeremy Everett Defendant And Appellant. : Brief Of Appellant, Utah Court Of Appeals Dec 2018

State Of Utah, Plaintiff And Appellee, V. Jeremy Everett Defendant And Appellant. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF THE APPELLANT

On appeal from the Fourth Judicial District Court, Utah County,
Honorable Derek Pullan, District Court No. 17140452
Mr. Everett is incarcerated


State Of Utah, Plaintiff And Appellee, V. Jeremy Everett Defendant And Appellant. : Brief Of Appellant, Utah Court Of Appeals Dec 2018

State Of Utah, Plaintiff And Appellee, V. Jeremy Everett Defendant And Appellant. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF THE APPELLANT

On appeal from the Fourth Judicial District Court, Utah County,
Honorable Derek Pullan, District Court No. 17140452
Mr. Everett is incarcerated


Orem City, Appellee, V. Bridgette Chatwin, Appellant. : Brief Of Appellant, Utah Court Of Appeals Dec 2018

Orem City, Appellee, V. Bridgette Chatwin, Appellant. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF THE APPELLANT

[ORAL ARGUMENT REQUESTED]


Orem City, Appellee V. Bridgette Chatwin, Appellant. : Brief Of Appellee, Utah Court Of Appeals Dec 2018

Orem City, Appellee V. Bridgette Chatwin, Appellant. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

RESPONSE BRIEF OF THE APPELLEE


Orem City, Appellee, V. Bridgette Chatwin, Appellant. : Reply Brief, Utah Court Of Appeals Dec 2018

Orem City, Appellee, V. Bridgette Chatwin, Appellant. : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

REPLY BRIEF OF THE APPELLANT

[ORAL ARGUMENT REQUESTED]


Micah Capener And Shaylee Capener, Co-Trustees Of The Micah Capener And Shaylee Capener Revocable Living Trust Dated February 25, 2013, And Micah Capener And Shaylee Capener, Individually, Appellant And Defendants, V. Jay Mervin Thompson, Lori G. Thompson, And Cindy Thompson, Appellees And Plaintiffs. : Appellant Brief, Utah Court Of Appeals Dec 2018

Micah Capener And Shaylee Capener, Co-Trustees Of The Micah Capener And Shaylee Capener Revocable Living Trust Dated February 25, 2013, And Micah Capener And Shaylee Capener, Individually, Appellant And Defendants, V. Jay Mervin Thompson, Lori G. Thompson, And Cindy Thompson, Appellees And Plaintiffs. : Appellant Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

APPELLANT BRIEF