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Triangulating Public Meaning: Corpus Linguistics, Immersion, And The Constitutional Record, Lawrence B. Solum Aug 2017

Triangulating Public Meaning: Corpus Linguistics, Immersion, And The Constitutional Record, Lawrence B. Solum

BYU Law Review

This Article contributes to the development of an originalist methodology by making the case for an approach that employs three distinct methods, each of which serves as a basis for confirming or questioning the results reached by the other two. This approach will be called the Method of Triangulation. The three component techniques are as follows: 1. The Method of Corpus Linguistics: The method of corpus linguistics employs large-scale data sets (corpora) that provide evidence of linguistic practice. 2. The Originalist Method of Immersion: The method of immersion requires researchers to immerse themselves in the linguistic and conceptual world of …

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The Original Meaning Of “Religion” In The First Amendment: A Test Case Of Originalism’S Utilization Of Corpus Linguistics, Lee J. Strang Aug 2017

The Original Meaning Of “Religion” In The First Amendment: A Test Case Of Originalism’S Utilization Of Corpus Linguistics, Lee J. Strang

BYU Law Review

Originalism is the theory of constitutional interpretation that identifies the constitutional text’s public meaning when it was ratified as its authoritative meaning. Corpus linguistics is the study of word-use regularities and patterns, primarily in written texts. In a prior article, I argued that originalists should utilize corpus linguistics to facilitate originalism’s capacity to accurately uncover this original meaning. However, my arguments there were theoretical; this Essay provides a “test case” of corpus linguistics’ capacity to increase originalism’s methodological accuracy. This Essay accomplishes three modest goals. First, it provides a practical example of the application of corpus linguistics to originalism. This …

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The Power Of Words: A Comment On Hamann And Vogel’S Evidence-Based Jurisprudence Meets Legal Linguistics—Unlikely Blends Made In Germany, Mark C. Suchman Aug 2017

The Power Of Words: A Comment On Hamann And Vogel’S Evidence-Based Jurisprudence Meets Legal Linguistics—Unlikely Blends Made In Germany, Mark C. Suchman

BYU Law Review

By offering an international and interdisciplinary point of comparison, Hamann and Vogel demonstrate that current American forays into corpus-based legal scholarship reflect only a small sliver of the full range of possibilities for such research. This Comment considers several key branching points that may lie ahead, as the nascent literature begins to mature. In particular, the Comment examines two vexing ambiguities in the corpus-linguistic agenda: the first centers on the ambiguous meaning of legal “empiricism”; the second, on the ambiguous relationship between words and actions. To achieve its full potential, legal corpus linguistics will need to move beyond mere description, …

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American Express Bank, Fsb, Plaintiff/Appellee, V. James Tanne, Defendant/Appellant., Utah Court Of Appeals Aug 2017

American Express Bank, Fsb, Plaintiff/Appellee, V. James Tanne, Defendant/Appellant., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

APPEAL FROM A JUDGMENT OF THE FOURTH .DlSTRICT COURT OF UTAH COUNTY, UTAH, HON. CHRISTINE JOHNSON

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Espenschied Transport Corp., Plaintiff And Appellant Vs. Wilshire Insurance Comp Any; Fleetwood Services, Inc., Defendants And Appel!Ees., Utah Supreme Court Aug 2017

Espenschied Transport Corp., Plaintiff And Appellant Vs. Wilshire Insurance Comp Any; Fleetwood Services, Inc., Defendants And Appel!Ees., Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from Third District Court, Salt Lake County the Honorable Paige Petersen, civil no. 070913289

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The State Of Utah, Plaintiff/Appellee V. Travis Scott Murray, Defendant/Appellant., Utah Court Of Appeals Jul 2017

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

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State Of Utah, Plaintiff/ Appellee, Vs. Michael Binks, Defendant / Appellant., Utah Supreme Court Jul 2017

State Of Utah, Plaintiff/ Appellee, Vs. Michael Binks, Defendant / Appellant., Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

AN APPEAL FROM THE FOURTH DISTRICT COURT, FROM A CONVICTION ON ONE COUNT OF POSSESSION OF A CONTROLLED SUBSTANCE, A CLASS A MISDEMEANOR, AND ONE COUNT OF DRUG PARAPHERNALIA, A CLASS B MISDEMEANOR, BEFORE THE HONORABLE JUDGE CLAUDIA LAYCOCK

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American Express Bank, Fsb, Plaintiff/ Appellee V. James T Anne, Defendant / Appellant, Utah Court Of Appeals Jul 2017

American Express Bank, Fsb, Plaintiff/ Appellee V. James T Anne, Defendant / Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from a Summary Judgment entered by the Honorable Christine Johnson, Fourth District Court, Utah County

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Michael Anthony Archuleta, Appellant, V. State Of Utah, Appellee., Utah Supreme Court Jul 2017

Michael Anthony Archuleta, Appellant, V. State Of Utah, Appellee., Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from the Fourth Judicial District Court in Millard County District Court Case No. 14070047 The Honorable Jennifer A. Brown

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2017-2018 Byu Law Review Masthead Jul 2017

2017-2018 Byu Law Review Masthead

BYU Law Review

No abstract provided.

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Byu Law School Faculty Listing Jul 2017

Byu Law School Faculty Listing

BYU Law Review

No abstract provided.

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Table Of Contents Jul 2017

Table Of Contents

BYU Law Review

No abstract provided.

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Trading Safety For Innovation And Access: An Empirical Evaluation Of The Fda’S Premarket Approval Process, George Horvath Jul 2017

Trading Safety For Innovation And Access: An Empirical Evaluation Of The Fda’S Premarket Approval Process, George Horvath

BYU Law Review

Congress created the premarket approval process (PMA) to provide a rigorous safety evaluation of high-risk medical devices before they may be sold on the U.S. market. Evaluating a PMA application requires the Food and Drug Administration (FDA) to conduct a lengthy, complex, and costly assessment of the extensive data a manufacturer must submit. But other policy concerns, notably a fear of hampering innovation and a desire to assure timely access to new technologies, have led Congress to relax some of the rigorous data requirements the PMA process imposes on manufacturers. Congress mandates that the FDA employ the “least burdensome” approach …

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Copyright Infringement’S Blurred Lines: Allocating Overhead In The Disgorgement Of Profits, Layne S. Keele Jul 2017

Copyright Infringement’S Blurred Lines: Allocating Overhead In The Disgorgement Of Profits, Layne S. Keele

BYU Law Review

In Williams v. Bridgeport Music, Marvin Gaye’s estate alleged that the popular song “Blurred Lines” infringed Gaye’s 1977 song “Got to Give It Up.” As part of the remedy for the infringement, the Gaye estate sought to disgorge the profits derived from defendants’ infringement, but the parties disagreed about how to calculate those profits. Specifically, they disagreed about whether the infringing song’s revenues should be offset by the infringers’ $7 million in overhead costs allocable to the song. The district court determined that the infringers’ ability to offset overhead costs would depend on whether their infringement was willful; it …

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Cyber!, Andrea M. Matwyshyn Jul 2017

Cyber!, Andrea M. Matwyshyn

BYU Law Review

This Article challenges the basic assumptions of the emerging legal area of “cyber” or “cybersecurity.” It argues that the two dominant “cybersecurity” paradigms—information sharing and deterrence—fail to recognize that corporate information security and national “cybersecurity” concerns are inextricable. This problem of “reciprocal security vulnerability” means that in practice our current legal paradigms channel us in suboptimal directions. Drawing insights from the work of philosopher of science Michael Polanyi, this Article identifies three flaws that pervade the academic and policy analysis of security, exacerbating the problem of reciprocal security vulnerability—privacy conflation, incommensurability, and internet exceptionalism. It then offers a new paradigm—reciprocal …

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Who Decides? The Title Ix Religious Exemption And Administrative Authority, Elise S. Faust Jul 2017

Who Decides? The Title Ix Religious Exemption And Administrative Authority, Elise S. Faust

BYU Law Review

The Title IX religious exemption demonstrates how statutory religious exemptions can help further social change by neutralizing potential conflict with religious dissenters. Part of the reason for its success is that it is narrowly constructed and automatically applies to qualifying institutions. However, the regulations contradict the statutory text by potentially giving the Department of Education discretion to grant or deny exemptions. Were the Department to fully exercise this power, its actions would conflict with both the language of the statute and the Constitution. The Department of Education’s recent scrutiny of the “controlled by” language of the exemption provides an example …

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A Solution To Utah’S Non-Compete Dilemma: Soliciting The Use Of Non-Solicitation Agreements, Jerrick Robbins Jul 2017

A Solution To Utah’S Non-Compete Dilemma: Soliciting The Use Of Non-Solicitation Agreements, Jerrick Robbins

BYU Law Review

Utah has become a hub for company growth and innovation, especially in an area known as the “Silicon Slopes.” Well-known companies, like Qualtrics, Adobe, and eBay, have offices along the Wasatch Front. With such newfound relevance in the business community, it may seem odd that Utah’s legislature recently passed the Post-Employment Restrictions Act, which some say threatens Utah’s position as a state where businesses thrive. The Act restricts non-compete agreements to periods not greater than one year and automatically penalizes, through attorney’s fees and costs, any employer who tries to enforce a non-compete agreement that a court later finds unenforceable …

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Tribal Sovereignty And Tobacco Control In State-Tribe Cigarette Compacts, Arielle Sloan Jul 2017

Tribal Sovereignty And Tobacco Control In State-Tribe Cigarette Compacts, Arielle Sloan

BYU Law Review

Compacts are powerful legal tools that states and tribes can use to negotiate agreements. One of the most interesting examples of state-tribe compacts is the cigarette compact, which is useful in combating the illicit cigarette trade. This Note argues that tribal leaders and states can more effectively reach this goal by (1) recognizing tribal sovereignty in and (2) keeping tobacco control at the heart of compact discussions.

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Frontmatter Jun 2017

Frontmatter

Brigham Young University Education and Law Journal

No abstract provided.

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Rethinking Religious Exemptions From Title Ix After Obergefell, Cara Duchene Jun 2017

Rethinking Religious Exemptions From Title Ix After Obergefell, Cara Duchene

Brigham Young University Education and Law Journal

No abstract provided.

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Regaining Trust In Nonprofilt Charter Schools: Toward Benefit Corporation Branding For For-Profit Education Management Organizations, James Eastman Jun 2017

Regaining Trust In Nonprofilt Charter Schools: Toward Benefit Corporation Branding For For-Profit Education Management Organizations, James Eastman

Brigham Young University Education and Law Journal

No abstract provided.

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To Solve It Aright: Rerum Novarum And New Jersey's Answer To Catholic Bishop Of Chicago, Daniel T. Paxton Jun 2017

To Solve It Aright: Rerum Novarum And New Jersey's Answer To Catholic Bishop Of Chicago, Daniel T. Paxton

Brigham Young University Education and Law Journal

No abstract provided.

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Avoiding Deliberation: Why The "Safe Space" Campus Cannot Comport With Deliberative Democracy, Nicholas A. Schroeder Jun 2017

Avoiding Deliberation: Why The "Safe Space" Campus Cannot Comport With Deliberative Democracy, Nicholas A. Schroeder

Brigham Young University Education and Law Journal

No abstract provided.

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Functional Behavioral Assessments And Behavioral Intervention Plans: Review Of The Law And Recent Cases, Cynthia A. Dieterich, Nicole D. Snyder, Christine J. Villani Jun 2017

Functional Behavioral Assessments And Behavioral Intervention Plans: Review Of The Law And Recent Cases, Cynthia A. Dieterich, Nicole D. Snyder, Christine J. Villani

Brigham Young University Education and Law Journal

No abstract provided.

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Mark Elden Erickson, Petitioner/Appellant V. Alfred Bigelow, Respondent/Appellee., Utah Court Of Appeals Jun 2017

Mark Elden Erickson, Petitioner/Appellant V. Alfred Bigelow, Respondent/Appellee., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

No abstract provided.

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Jodi Kranendonk, Plaintiff/ Appellee/ Cross-Appellant, V. Gregory & Sw App, Pllc Dba Craig Swapp & Associates And Erik Highberg, Defendants/ Appellants/Crossappellee., Utah Supreme Court Jun 2017

Jodi Kranendonk, Plaintiff/ Appellee/ Cross-Appellant, V. Gregory & Sw App, Pllc Dba Craig Swapp & Associates And Erik Highberg, Defendants/ Appellants/Crossappellee., Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from the Third Judicial District Court, Salt Lake County, Judge Royal Hansen

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State Of Utah, Plaintffiappellant V. Scott Richard Stewart, Defendant/Appellee : Reply Brief Of Appellant Jun 2017

State Of Utah, Plaintffiappellant V. Scott Richard Stewart, Defendant/Appellee : Reply Brief Of Appellant

Utah Supreme Court Briefs (1965 –)

Certified interlocutory appeal from an order excludingevidence based on a statute of limitations, in the Third JudicialDistrict, Salt Lake County, the Honorable Randall Skanchypresiding

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Osman Mohammed Noor, Petitioner/ Appellant, V. State Of Utah, Respondent/ Appellee., Utah Supreme Court Jun 2017

Osman Mohammed Noor, Petitioner/ Appellant, V. State Of Utah, Respondent/ Appellee., Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from the Third Judicial District Court, Salt Lake County, State of Utah Honorable Vernice S. Trease, Presiding

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Candice Cochegrus, Appellant, Vs. Herriman City, Rosecrest Village Homeowners Association, Jnc., And Future Community Services, Inc. Dba Fcs Community Management, Appellees., Utah Supreme Court Jun 2017

Candice Cochegrus, Appellant, Vs. Herriman City, Rosecrest Village Homeowners Association, Jnc., And Future Community Services, Inc. Dba Fcs Community Management, Appellees., Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

APPEAL FROM THE FINAL JUDGMENT OF THE THIRD JUDICIAL DISTRICT COURT OF SALT LAKE COUNTY, THE HONORABLE ANDREW H. STONE

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Mari< Charles Haik, Petitioner/ Appellant, V. L<.Ent L.Jones And Salt Lake City Corporation, Respondent.,/ Appej/Ees., Utah Supreme Court Jun 2017

Mari< Charles Haik, Petitioner/ Appellant, V. L<.Ent L.Jones And Salt Lake City Corporation, Respondent.,/ Appej/Ees., Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from the Third Judicial District Court, Salt Lake County, Utah Case No. 160903224 The Honorable Royal I. Hansen, Presiding

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