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The Universal, Inalienable Right Of The Child To The Marriage Of His Biological Parents, Neil B. Johnson

Brigham Young University Journal of Public Law

No abstract provided.

2017-2018 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.

Center-Left Politics And Corporate Governance: What Is The "Progressive" Agenda?, Christopher M. Bruner

BYU Law Review

No abstract provided.

A Fresh Start To Bankruptcy Exemptions, Gary E. Sullivan

BYU Law Review

Bankruptcy has broadly failed to deliver “fresh starts” to debtors. Too often, debtors return to states of financial distress following bankruptcy. Although bankruptcy delivers a clean slate through the discharge of debts, the efficacy of a fresh start depends on a second factor: property exemptions. While discharge frees a debtor from her existing debts, property exemptions determine what property the debtor retains upon exiting bankruptcy. For many debtors, insufficient and suboptimal property exemption laws undermine fresh starts. In fact, under current bankruptcy law, each state can reject federal bankruptcy exemptions by opting out. Bankrupt debtors in “opt-out” states are forced …

Corpus Linguistics In The Chevron Two-Step, Jacob Crump

BYU Law Review

No abstract provided.

Tensions Underlying The Indian Child Welfare Act: Tribal Jurisdiction Over Traditional State Court Family Law Matters, Elizabeth Maclachlan

BYU Law Review

State courts have historically exercised jurisdiction over family law cases. However, under the Indian Child Welfare Act (ICWA), Indian child custody and adoption cases have been taken out of state jurisdiction and placed with Indian tribal governments. State courts have pushed back against proper deference to ICWA and violate ICWA by misapplying its provisions and refusing to transfer custody and adoption cases to tribal courts. This Note analyzes the state-tribal tensions surrounding ICWA and argues that the primary reason for the lack of full state acceptance of ICWA is that, historically, states have had nearly total jurisdiction over family law …

The Federal Circuit's Summary Affirmance Habit, Andrew Hoffman

BYU Law Review

The Federal Circuit is certainly unique among the circuit courts of appeals. Its exclusive jurisdiction over patents places it in a powerful position. But with that power comes a responsibility to oversee the development of the law. And in the last decade, the court has fallen short of fulfilling this obligation—particularly with regard to clarifying provisions of the America Invents Act. The court has repeatedly disregarded important questions of law by use of Rule 36 summary affirmance. Though other courts of appeals regularly use summary disposition as a means of dealing with burgeoning dockets, the Federal Circuit uses summary affirmance …

Northern Monticello Alliance, Llc, A Utah Limited Liability Company, Plaintiff/Appellant, V. San Juan County Commission, A Political Subdivision Of The State Of Utah And San Juan County, A Political Subdivision Of The State Of Utah. Defendants/Appellees. Sustainable Power Group, Llc And Latigo Wind Park, Llc, Intervening Respondents : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

SUPPLEMENT TO BRIEF OF
NORTHERN MONTICELLO
ALLIANCE, LLC

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

Bradley Macfarlane, Appellant V. Utah Department Of Public Safety, Appellee : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the Career Service Review Office Findings of Fact, Conclusions of Law and Decision in re Termination of Bradley Macfarlane

Utah Department Of Transportation, Appellant, V. Target Corporation, And Weingarten/Miller/American Fork, L.L.C., Appellees : Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

On Writ of Certiorari to the Utah Court of Appeals No. 20160122-CА

Barbara H. Ochoa, William H. Christensen, Sean D. Reyes, Attorneys for Utah Department of Transportation

Jeffrey W. Appel, Matthew N. Evans, Robert P. Harrington, Attorneys for Appellee Weingarten/Miller, Kevin E. Anderson, Attorney for Appellee Target Corporation, Troy L. Booher, J. Frederic Voros Jr., Dick J. Baldwin, Zimmerman Booher, Attorneys for Appellee Target Corporation

Robben Ann Oldroyd, Petitioner/ Appellant V. Farrell Lynn Oldroyd, Respondent/ Appellee : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from Judgment Entered by the Second Judicial District Court, Honorable Noel S. Hyde

The Use Of Force And Cyber Countermeasures, Gary Corn, Eric Talbot Jensen

Faculty Scholarship

In a global environment where most unfriendly acts between nations fall below the threshold of a use of force, the doctrine of countermeasures can be an important tool for states. However, in the realm of cyber operations, the rules governing the application of countermeasures result in unrealistic constraints on states. Particularly when compared with the much lesser constraints on the exercise of self-defense, limitations such as the prohibitions on anticipatory and collective countermeasures, the requirement to provide prior notice, and the unavailability of countermeasures to confront non-state actors highlight this imbalance. Cyber countermeasures are uniquely situated to become an effective …

Table Of Contents

BYU Law Review

No abstract provided.

Byu Law School Faculty Listing

BYU Law Review

No abstract provided.

Defending Place-Based Philanthropy By Defining The Community Foundation, Roger Colinvaux

BYU Law Review

No abstract provided.

Working Without A Net: Supreme Court Decision-Making As Performance, Frederick Mark Gedicks

BYU Law Review

Though judges often portray themselves as helpless to alter case outcomes dictated by law, this is mostly false humility. Judges are illusionists, and their opinions sleights of hand which obscure that they participate in creating what they purport merely to apply. This is especially the case in the Supreme Court, from which there is no appeal. The Justices perform the law, and their opinions are the records of these performances.Performance theory supplies a better means of analyzing Supreme Court decisions than ubiquitous and wearisome attacks on judicial integrity. The Court has its precedents, but they have no connection to a …

2017-2018 Byu Law Review Masthead

BYU Law Review

No abstract provided.

Patent Nationalism And The Case For A New U.S. Patent Working Requirement, Timothy T. Lau

BYU Law Review

A working requirement is a provision of intellectual property law that uses the threat of punishment to encourage holders to “work” their intellectual property. This Article examines the case for adding a working requirement to U.S. patent law. It explains that, given the current global trends in economic and technological development, a working requirement that increases the exposure of Americans to new technologies through the manufacture of inventions is necessary for the U.S. patent system to fulfill its constitutional purpose, specifically, “[t]o promote the Progress of Science and Useful Arts.” To that end, this Article analyzes elements of working requirements …

Per Se Economic Substance, Jesse P. Houchens

BYU Law Review

The economic substance doctrine is used by the IRS and courts to distinguish legal tax avoidance from tax evasion. More specifically, executive and judicial bodies use this doctrine to revoke statutorily compliant tax benefits that arise from transactions that lack, beyond such tax benefits, both a subjective business purpose and an objective economic effect. The most common tool for measuring the objective economic effect of a transaction is the pre-tax profit test. However, disagreement among courts and scholars applying this test has led to taxpayer uncertainty and accusations of reverse-engineered opinions. In this Comment, I reevaluate and propose an alternative, …

Leveraging Pharma To Lower Premiums: Medical Loss Ratio Regulation In The Pharmaceutical Industry, Cami R. Schiel

BYU Law Review

Many recognize escalating drug prices as a significant dilemma related to America’s rising healthcare costs. Yet few can agree on what to do about them. Unaffordable drug prices are a result of many complex forces. One theory to address this problem is to reduce all government intervention and let normal market forces act as they usually do to bring the goods’ prices down to consumer-friendly ranges. However, the prescription drug market is not, and perhaps never can be, a normal market. Reasons for this include (1) a lack of price transparency, (2) information and control asymmetries between patients and physicians, …

Utah Department Of Transportation, Appellant, V. Target Corporation, And Weingarten/Miller/American Fork, L.L.C., Appellees : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

On writ of certiorari to the Utah Court of Appeals

Kevin E. Anderson, Attorneys for Respondent Target, Troy L. Booher, J. Frederic Voros, Jr., Dick J. Baldwin Attorneys for Respondent Target, Jeffrey W. Appel, Matthew N. Evans, Robert P. Harrington, Attorneys for Respondent Miller

Barbara H. Ochoa, William H. Christensen, Sean D. Reyes, Attorneys for Petitioner Utah Department of Transportation

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 : Brief Of Appellant, 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

Clark Memorandum: Spring 2018, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society

The Clark Memorandum

• The Path of Present Intention (D. Gordon Smith)
• Scholarship as Dialogue and a Constructive Exercise: A Look at the Investitures of Three BYU Law Professors (D. Carolina Núñez)
• Kif Augustine-Adams
• Christine Hurt
• Brett Scharffs
• A Pattern of Timeless Moments: The J. Reuben Clark Law Society at 30 (Scott W. Cameron)
• "To Me He Doth Not Stink": Advocacy and Love (Gayla Moss Sorenson)

Patent Schisms, Clark D. Asay

Faculty Scholarship

Parties frequently obtain patents for one purpose, only to use those patents for another. This article calls such divergences between parties' initial motivations to obtain patents and those patents' predominant uses late on "patent schisms."

Because traditional patent law theories typically treat the purposes of patents as static, scholars have neglected to explicitly examine patent schisms and the reasons behind them. This is so despite the pervasiveness of patent schisms in a variety of important contexts. Those contexts include the patenting behaviors of early-stage companies, later-stage companies, so-called "patent trolls," and universities. In fact, patent schisms lie at the heart …

Frontmatter

Brigham Young University Education and Law Journal

No abstract provided.

Thinking Outside Of The Race Boxes: A Two-Pronged Approach To Further Diversity And Decrease Bias, Samia E. Mccall

Brigham Young University Education and Law Journal

No abstract provided.

Addressing The Bullying And Harassment Of Students With Disabilities Through School Compliance To Avoid Litigation, Bryson King

Brigham Young University Education and Law Journal

No abstract provided.

Anti-Innovation Norms, Stephanie Plamondon, Laura G. Pedraza-Fariña

Faculty Scholarship

Intellectual property (IP) scholars have recently turned their attention to social norms—informal rules that emerge from and are enforced by nonhierarchically organized social forces—as a promising way to spur innovation in communities as diverse as the fashion industry and the open-source software movement. The narrative that has emerged celebrates social norms’ ability to solve IP’s free-rider problem without incurring IP’s costs.

But this account does not fully consider the dark side of social norms. In fact, certain social norms, when overenforced, can create substantial barriers to the most socially beneficial creative pursuits. Because IP scholars have left unexplored how social …