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American Express Bank , Fsb, Plaintiff / Appellee, V. James Tanne, Defendant/Appellant., Utah Court Of Appeals Jun 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 DISTRICT COURT OF UTAH COUNTY, UTAH, HON. CHRISTINE JOHNSON


Robert Kuchcinski, An Individual, Plaintiff/ Appellant V. Box Elder County, A Political Subdivision Of The State Of Utah; And The Office Of The Box Elder • County Sheriff, An Administrative Subdivision Of Box Elder County, • • • • • Defendants/ Appellees, Utah Supreme Court Jun 2017

Robert Kuchcinski, An Individual, Plaintiff/ Appellant V. Box Elder County, A Political Subdivision Of The State Of Utah; And The Office Of The Box Elder • County Sheriff, An Administrative Subdivision Of Box Elder County, • • • • • Defendants/ Appellees, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

ON APPEAL FROM THE FIRST JUDICIAL DISTRICT COURT CACHE COUNTY, STATE OF UTAH The Honorable Brian Cannell, Presiding District Court Case No.150100424


2017-2018 Byu Law Review Masthead Jun 2017

2017-2018 Byu Law Review Masthead

BYU Law Review

No abstract provided.


Byu Law School Faculty Listing Jun 2017

Byu Law School Faculty Listing

BYU Law Review

No abstract provided.


Table Of Contents Jun 2017

Table Of Contents

BYU Law Review

No abstract provided.


Law And Religion In Bangladesh, Jahid Hossain Bhuiyan Dr. Md. Jun 2017

Law And Religion In Bangladesh, Jahid Hossain Bhuiyan Dr. Md.

BYU Law Review

The Indian subcontinent (India, Pakistan, and Bangladesh) has been a center for a variety of religious traditions. Its multicultural and multireligious character makes it a crucible for religious tolerance. The resurgence of local cultural and religious consciousness under the influence of modernity and globalization has resulted in increasing complications in relation to the interaction between religious traditions. Religious tolerance in independent Bangladesh also has always been a fundamental value. It has been cherished by the followers of all religions. The object of this article is to trace the history of religious freedom of religious minorities in Bangladesh. It also examines …


The Agreements Between Church And State: The Italian Perspective, Elena Ervas Jun 2017

The Agreements Between Church And State: The Italian Perspective, Elena Ervas

BYU Law Review

This Article explores the recent approach of the Italian Constitutional Court regarding agreements between the Italian State and religious denomination, which regulate matters of common interest. The Italian approach is compared to the contemporary approach of the Spanish legal system. The Italian approach grants strong discretion in favor of the Government in this context, but by doing so, it risks inadequately protecting the religious freedom of religious denominations in light of current jurisprudence. Moreover, the broad discretion given to the Italian government seems not to be in line with the current jurisprudence of the European Court of Human Rights in …


The Interplay Of Majority And Minority Religious Rights And The Role Of The Judiciary, Justice Tassaduq Hussain Jillani Jun 2017

The Interplay Of Majority And Minority Religious Rights And The Role Of The Judiciary, Justice Tassaduq Hussain Jillani

BYU Law Review

No abstract provided.


The European Union And Freedom Of Religion Or Belief: A New Momentum, Ján Figel’ Jun 2017

The European Union And Freedom Of Religion Or Belief: A New Momentum, Ján Figel’

BYU Law Review

No abstract provided.


Freedom Of Religion In India: Current Issues And Supreme Court Acting As Clergy, Faizan Mustafa, Jagteshwar Singh Sohi Jun 2017

Freedom Of Religion In India: Current Issues And Supreme Court Acting As Clergy, Faizan Mustafa, Jagteshwar Singh Sohi

BYU Law Review

Religion is an indispensable part of human existence. Freedom of religion is considered as the third most important civil liberty after the right to life and personal liberty and the freedom of speech and expression. The Indian Constitution guarantees freedom of religion and acknowledges the individual’s autonomy in his or her relationship with God. However, the Supreme Court of India, through the creation and continued use of the essentiality test, has tried to reform religion by restricting the scope of this freedom. The judiciary has taken over the role of clergy in determining what essential and non-essential religious practices are. …


Why Religious Freedom? Why The Religiously Committed, The Religiously Indifferent, And Those Hostile To Religion Should Care, Brett G. Scharffs Jun 2017

Why Religious Freedom? Why The Religiously Committed, The Religiously Indifferent, And Those Hostile To Religion Should Care, Brett G. Scharffs

BYU Law Review

No abstract provided.


Glorla Rodrlguez, Plaintiff/ Appellant, V. The Kroger Compaj\Ty, And J & I Maintenance, Defendants/ Appellees., Utah Supreme Court Jun 2017

Glorla Rodrlguez, Plaintiff/ Appellant, V. The Kroger Compaj\Ty, And J & I Maintenance, Defendants/ Appellees., Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

APPELLANT'S BRIEF Appellate Case No.: 20161012


Gloria Rodriguez, Plaintiff/Appellant V. The Kroger Company And J&I Maintenance, Defendant/Appellees : Brief Of Appellant Jun 2017

Gloria Rodriguez, Plaintiff/Appellant V. The Kroger Company And J&I Maintenance, Defendant/Appellees : Brief Of Appellant

Utah Supreme Court Briefs (1965 –)

Appeal from the Third District Court - Hon. Douglas Hogan


Osman Mohammed Noor, Peti Tione1/ Appellant, V. State Of Utah, Respondent/Appellee., Utah Court Of Appeals May 2017

Osman Mohammed Noor, Peti Tione1/ Appellant, V. State Of Utah, Respondent/Appellee., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

On Certification fro1n the Utah Court of Appeals


State Of Utah, Plaintiff And Appellant, V. Scott Richard Stew Art, Defendant And Appellee, Utah Supreme Court May 2017

State Of Utah, Plaintiff And Appellant, V. Scott Richard Stew Art, Defendant And Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

This is Appellee/Defendant, Mr. Stewart's response to the State of Utah's appeal brief, filed in support of its interlocutory appeal from an order excluding evidence by the Third Judicial District Court, Salt Lake County, District Court Case No. J 31911542. HONORABLE RANDALL N. SKANCHY


State V. Jessie Dean Sheffield, Utah Court Of Appeals May 2017

State V. Jessie Dean Sheffield, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Re: State v. Jessie Dean Sheffield


State Of Utah, Plaintiff/Appellee Vs. Jessie Dean Sheffield, Defendant/Appellant, Utah Court Of Appeals May 2017

State Of Utah, Plaintiff/Appellee Vs. Jessie Dean Sheffield, Defendant/Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from a final judgment and conviction of the Carbon County Seventh District Court, entered by Judge Douglas B. Thomas


. Gina M. Arnold And Charlie S .. Arnold, Reply Brief Of Plaintiffs And Aru,Ellant/Crossappellee, Vs. Gary B. White, M.D., Uintah Basin Medical Center, And David Grigsby, M.D. Defendants And Appellee/Crossappellant., Utah Supreme Court May 2017

. Gina M. Arnold And Charlie S .. Arnold, Reply Brief Of Plaintiffs And Aru,Ellant/Crossappellee, Vs. Gary B. White, M.D., Uintah Basin Medical Center, And David Grigsby, M.D. Defendants And Appellee/Crossappellant., Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

APPEAL FROM THE EIGHTH DISTRICT COURT, DUCHESNE COUNTY, THE HON. SAMUEL P. CHIARA, CIVIL NO. 020800066


Jodi Howick Appellant V. Salt Lake City Corporation, Appellee, Utah Court Of Appeals May 2017

Jodi Howick Appellant V. Salt Lake City Corporation, Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the third District court, Salt Lake County, State of Utah The Honorable Richard D. McKelvie


Lawrence And Sarah Jean Colosimo, Individually And As The Natural Parents And Heirs Of Adam Colosimo, Deceased, Appellants, Vs. Gateway Co:Tvimunity Church, A Appellants'replybrief District Court Case No. 120414704 Wd Appellate No. 20140852a Utah Corporation; And Does 1-50, Supreme Court No. 20160838 - Sc Appellee., Utah Supreme Court May 2017

Lawrence And Sarah Jean Colosimo, Individually And As The Natural Parents And Heirs Of Adam Colosimo, Deceased, Appellants, Vs. Gateway Co:Tvimunity Church, A Appellants'replybrief District Court Case No. 120414704 Wd Appellate No. 20140852a Utah Corporation; And Does 1-50, Supreme Court No. 20160838 - Sc Appellee., Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

ON WRIT OF CERTIORARI TO REVIEW DECISION OF COURT OF APPEALS


Jodi Howick Appellant V. Salt Lake City Corporation, Appellee, Utah Supreme Court May 2017

Jodi Howick Appellant V. Salt Lake City Corporation, Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from the third District court, Salt Lake County, State of Utah The Honorable Richard D. McKelvie


John Kuhni Sons, Inc., A Utah Corporation, Petitioner, V. Utah Labor Commission Occupational Safety And Health Division, . Respondent., Utah Court Of Appeals May 2017

John Kuhni Sons, Inc., A Utah Corporation, Petitioner, V. Utah Labor Commission Occupational Safety And Health Division, . Respondent., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

On petition for review· from the Appeals Board of the Utah Labor Commission No.31093282


Utah V. Lopez, Utah Court Of Appeals May 2017

Utah V. Lopez, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

No abstract provided.


Utah State Tax Commission, Respondent-Appellants, V. See's Candies, Inc., Petitioner-Appellee., Utah Supreme Court May 2017

Utah State Tax Commission, Respondent-Appellants, V. See's Candies, Inc., Petitioner-Appellee., Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

On appeal from the Fourth Judicial District Court The Honorable Samuel D. Mc Vey


Transformative Use In Software, Clark D. Asay May 2017

Transformative Use In Software, Clark D. Asay

Faculty Scholarship

Fair use is copyright law’s most important defense against claims of copyright infringement. It provides courts with an equitable tool for allowing parties to use the copyrighted materials of others without liability when doing so facilitates copyright’s constitutional purpose of promoting the “progress of Science and the useful Arts.”

When analyzing fair use, modern courts place great emphasis on whether the purportedly fair use involves a “transformative use” of the copyrighted materials. In what some are calling the most important software copyright case in decades, a jury recently handed Google a victory by concluding that Google’s reuse of some of …


2017-2018 Byu Law Review Masthead May 2017

2017-2018 Byu Law Review Masthead

BYU Law Review

No abstract provided.


Byu Law School Faculty Listing May 2017

Byu Law School Faculty Listing

BYU Law Review

No abstract provided.


Table Of Contents May 2017

Table Of Contents

BYU Law Review

No abstract provided.


When Facts Don't Matter, Eric Berger May 2017

When Facts Don't Matter, Eric Berger

BYU Law Review

We are used to thinking that facts shape legal outcomes, but sometimes the Supreme Court wants nothing to do with facts. In some high-profile constitutional decisions, the Roberts Court has ignored important congressional findings, deeming irrelevant facts that document the very mischief Congress sought to remedy. Similarly, in these same cases the Court exploits the muddy line between facial and as-applied challenges to avoid confronting particular facts. The Justices in these cases do not question the veracity of seemingly relevant facts. Rather, they write their opinions as though these facts don’t matter. This Article examines the Court’s penchant for brushing …


Take The Fifth . . . Please!: The Original Insignificance Of The Fifth Amendment’S Due Process Of Law Clause, Gary Lawson May 2017

Take The Fifth . . . Please!: The Original Insignificance Of The Fifth Amendment’S Due Process Of Law Clause, Gary Lawson

BYU Law Review

The Fifth Amendment’s Due Process of Law Clause adds nothing to the Constitution’s original meaning. Every principle for limiting federal executive, judicial, and even legislative powers that can plausibly be attributed to the idea of “due process of law”—from the principle of legality forbidding executive or judicial action in the absence of law, to the requirement of notice before valid judicial judgments, to the limitation on arbitrary governmental action that today goes under the heading of “substantive due process”—is already contained in the text and structure of the Constitution of 1788. The Fifth Amendment Due Process of Law Clause confirms …