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The State Of Utah, Plaintiff/Appellee V. Todd Mulliner, Defendant/Appellant., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the Fourth District Court, Utah county, State of Utah, From a Conviction of Sale of unregistered security, Third Degree Felony, and Securities Fraud, Third Degree Felony, Before the Honorable Judge Thomas Low

Gold's Gym International, Inc., Appellant, V. Clark Chamberlain And Brent Statham Vince Engle, Appellees : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

GOLD'S GYM INTERNATIONAL,
INC.'S APPEAL

On Appeal from the Third Judicial District Court for Salt Lake County, State of Utah
Civil No. 090919785, Honorable T. M. SHAUGHNESSY

Off-Campus Sexually Harassing Expression: What Legal Standard Applies?, Martha Mccarthy

Brigham Young University Education and Law Journal

No abstract provided.

The State Of Utah, Plaintiff/Appellee V. Todd Mulliner, Defendant/Appellant., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from a sentence for sale of unregistered securities, a third-degree felony, and securities fraud, a third-degree felony, in the Fourth Judicial District, Utah County, the Honorable Thomas Low presiding

The State Of Utah, Plaintiff/Appellee V. Travis Scott Murray, Defendant/Appellant., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

An appeal from an order revoking and reinstating probation for Driving Under the Influence of Alcohol/Drugs, a third degree felony, in violation of Utah Code 41-6a-503(2)(b), in the Third District Court, Salt Lake County, State of Utah, the Honorable Ann Boyden presiding

The State Of Utah, Appellee V. Eugene Christopher Wright, Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

On appeal from a judgment of convictions for one count of first-degree murder in violation of Utah Code § 76-5-203, and one count of aggravated robbery, in violation of Utah Code § 76-6-302, in the Third District Court in and for Salt Lake County, the Honorable Royal I. Hansen presiding

MARK FIELD, SEAN D. REYES, Attorneys for Respondent

NATHALIE S. SKIBINE, Attorneys for Petitioner

Teamsters Local 222 And John And Jane Doe Nos. 1-23, Appellees, V. Utah Transit Authority, Appellant., Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

On appeal from the Third Judicial District Court, Salt Lake County, Honorable Ryan M. Harris, District Court No. 140902884

Bradley Macfarlane, Petitioner, V. Utah Department Of Public Safety, Respondents: Rely Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

On petition for review from the Utah Career Service Review Office, Case No. 2010 CSRO/HO 141

Optimal Deterrence And The Preference Gap, Brook Gotberg

Faculty Scholarship

It is generally understood that the way to discourage particular behavior in individuals is to punish that behavior, on the theory that rational individuals seek to avoid punishment. Laws aimed at deterring behavior operate on the assumption that increasing the likelihood of punishment, the severity of punishment, or both, will decrease the behavior. The success of these laws is evaluated by how much the targeted behavior decreases. The law of preferential transfers—which punishes creditors who have been paid prior to a bankruptcy filing at the expense of other, unpaid creditors—has been defended on the grounds that it deters a race …

Saving Software's Fair Use Future, Pamela Samuelson, Clark Asay

Faculty Scholarship

The freedom to reimplement application program interfaces (APIs) in independently written software is the key issue at stake in Oracle America, Inc. v. Google Inc. In May 2016, on remand a jury found Google’s use of the Java API elements was a fair use. After the District Court declined to vacate the jury verdict, Oracle appealed for the second time to the Federal Circuit, claiming that it is entitled to a judgment in its favor on the fair use issue as a matter of law. This Article, which is a derivative work of the amicus curiae brief of 42 Intellectual …

Malleable Rationality, Stephanie Plamondon

Faculty Scholarship

In 1998, Christine Jolls, Cass Sunstein, and Richard Thaler published A Behavioral Approach to Law and Economics, one of the most important pieces of scholarship in decades. Their article famously proposes a departure from the neoclassical law and economics approach to legal analysis. Breaking from neoclassical law and economics’ rational actor construct, the authors apply empirical insights about human behavior to introduce the concept of a boundedly rational actor limited by cognitive constraints. Over the past two decades, the behavioral law and economics approach, with its focus on the boundedly rational actor, has contributed needed realism to legal analyses. Unfortunately, …

The Architecture Of Contract Innovation, Matthew Jennejohn

Faculty Scholarship

Contract law and the formal models of contract economics assume that agreements are fully customized. On the other hand, recent legal research highlights the role standardized terms play in contract design. Those lines of research overlook an important class of contracts between those extremes. Many contracts, such as the merger agreements studied here, are complex combinations of customized and standardized terms, and thereby achieve economies of both scale and scope. Such contracts are “mass customized,” to borrow a term from engineering research. This Article introduces a theoretical framework for understanding how mass customization of such complex agreements is achieved. It …

Deal Structure, Cathy Hwang, Matthew Jennejohn

Faculty Scholarship

Modern commercial contracts—those governing mergers and acquisitions and financial derivatives, for instance—have become structurally complex and interconnected. Yet contract law largely ignores structural complexity. This Article develops a theory of “contractual structuralism” to explain the important role of structure in every aspect of contract law, from the design of a contract to courts’ interpretation and enforcement.

For generations, scholars have debated whether a court should consider only the text of a contract or also consider broader context to determine parties’ intent. More recently, scholars have shown that parties can choose between textual and contextual interpretation by drafting a contract provision …

Islam And Religious Freedom: The Experience Of Religious Majorities And Minorities, Brett Scharffs

Faculty Scholarship

It seems likely that change in Islam will be affected both by outside and internal sources, as was the case for the Catholic Church and its journey to Dignitatis Humanae. However, one thing the Catholic experience suggests is that meaningful and profound change does not simply come from outside pressures; it comes from authentic and sincere evaluation and interpretation by insiders of a religious tradition of that tradition itself. Thus, if Islam is going to come to embrace religious freedom as an important value, this will be the result, significantly if not primarily, of Muslims interpreting their own sacred …

Piece Of Cake, Brett Scharffs, Frank S. Ravitch

Faculty Scholarship

A baker refuses to create a wedding cake for a same-sex couple because of his religious views on same-sex marriage. The couple claims the baker’s refusal violates state anti-discrimination laws. Their case, Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, now awaits a decision from the U.S. Supreme Court, which must wrestle with complicated questions about conflicting rights. We posed some of those questions to two religious liberty scholars: Frank S. Ravitch, Professor of Law and Walter H. Stowers Chair in Law and Religion at Michigan State University College of Law, and Brett G. Scharffs, Rex E. Lee Chair and …

The State Of Utah, Plaintiff/Appellee V. David Bruce Buttars, Defendant/Appellant. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLANT

An appeal from a judgment of conviction for four counts of securities fraud,
second and third degree felonies; and one count of pattern of unlawful activity, a second
degree felony, in the Third District Court, Salt Lake County, Utah, the Honorable
Vernice Trease presiding.

Appellant is not incarcerated

In The Matters Of The Name And Sex/Gender Change Of: Sean W. Childers-Gray, F.K.A. Jenny Pace, Appellant, And Angie Rice, F.K.A. Arthur Edward Rice, Appellant : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

BRIEF OF APPELLANTS

On appeal from the Second Judicial District Court,
Honorable Noel S. Hyde, District Court Nos. 163900359 and 163500015

State Of Utah, Plaintiff/Appellee, V. Jacquan David Wilson, 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; and obstruction of justice, a second degree felony, in
the Second Judicial District, Davis County, the Honorable
Robert J. Dale presiding

State Of Utah, Plaintiff/Appellee, V. Reynaldo Thomas Martinez, 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 Paul B. Parker presiding
Defendant is incarcerated

State Of Utah, Plaintiff/Appellee, V. Eddie A. Salazar, Defendant/Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Brief of Appellee

Appeal from convictions for burglary, a second-degree felony,
and theft, a class B misdemeanor, in the Third Judicial District,
Salt Lake County, the Honorable Keith Kelly presiding

The State Of Utah, Plaintiff/Appellee, V. Eddie A. Salazar, Defendant/Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLANT

Appeal from a judgment of conviction for one count of Burglary, a second
degree felony, in violation of Utah Code 76-6-202, and one count of Theft, a
class B misdemeanor, in violation of Utah Code 76-6-404, in the Third Judicial
District, in and for Salt Lake County, State of Utah, the Honorable Keith Kelly
presiding.

Appellant is not incarcerated.

The State Of Utah, Plaintiff/Appellee, V. Eddie A. Salazar, Defendant/Appellant : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

REPLY BRIEF OF APPELLANT

Appeal from a judgment of conviction for one count of Burglary, a second
degree felony, in violation of Utah Code 76-6-202 and one count of Theft, a class
B misdemeanor, in violation of Utah Code 76-6-404, in the Third Judicial
District, in and for Salt Lake County, State of Utah, the Honorable Keith Kelly
presiding.

Appellant is not incarcerated.

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

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLANT

Appeal from Sentence, Judgment, Commitment entered on November 16, 2017, in the
Second District Court, Davis County, the Honorable Robert J. Dale, presiding

ORAL ARGUMENT REQUESTED

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

Utah Court of Appeals Briefs (2007– 2019)

Brief of Appellant

Appeal from a conviction for one count of tax evasion, a
second degree felony, and three counts of failure to render a
tax return, a third degree felony, all in violation of Utah
Code Ann. 76-8-1101, in the Third Judicial District, Salt
Lake County, the Honorable Roger S. Dutson presiding.
Appellant is incarcerated.

ORAL ARGUMENT REQUESTED

Thomas D. Martin, M.D., Plaintiff-Appellant, V. University Of Utah, Et Al., Defendants-Appellees : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

APPELLEES' RESPONSE BRIEF

On appeal from a final judgment of the Third Judicial District Court,
Salt Lake County, State of Utah, Case No. 160906038,
the Honorable Andrew H. Stone presiding.

ORAL ARGUMENT NOT REQUESTED

Thomas G. Martin, M.D., Plaintiff-Appellant, V. The University Of Utah; The University Of Utah College Of Pharmacy; The Utah Poison Control Center; Barbara Crouch; In Her Official And Individual Capacities; Diana Brixner, In Her Official And Individual Capacities; Erik Barton, In His Official And Individual Capacities; Stephen Hartsell, In His Individual And Official Capacities; Samuel Finlayson, In His Official And Individual Capacities; Heidi Thompson, In Her Official And Individual Capacities; Paula Peacock, In Her Official And Individual Capacities, And Does 1-10, In Their Official And Individual Capacities. Defendants-Appellees : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

APPELLANT'S REPLY BRIEF

Appeal from the Third Judicial District Court
In and for Salt Lake County, State of Utah
The Honorable Andrew H. Stone

ORAL ARGUMENT REQUESTED

Labor Commission Plaintiff-Appellant, V. Derek Price, Defendant-Appellee : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

OPENING BRIEF OF APPELLANT LABOR COMMISSION

Appeal from the Final Order of the Third Judicial District Court in
and for Salt Lake County, Honorable Su J. Chon
No. 126918635

State Of Utah, Plaintiff/Appellee, V. Reynaldo Thomas Martinez, 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 Paul B. Parker presiding
Defendant is incarcerated

The State Of Utah, Plaintiff/Appellee V. David Bruce Buttars, Defendant/Appellant : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

REPLY BRIEF OF APPELLANT

An appeal from a judgment of conviction for four counts of securities fraud,
second and third degree felonies; and one count of pattern of unlawful activity, a second
degree felony, in the Third District Court, Salt Lake County, Utah, the Honorable
Vernice Trease presiding.

Appellant is not incarcerated

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

Utah Court of Appeals Briefs (2007– 2019)

Brief of Appellee

Appeal from convictions for four counts of securities fraud,
second and third degree felonies, and one count of pattern of
unlawful activity, a second degree felony, in the Third Judicial
District, Salt Lake County, the Honorable Vernice Trease
presiding