Digital Commons Network^™

Chevron’S Pure Questions: Searching For Meaning In Ambiguity, Neal A. Hoopes

BYU Law Review

Since implied congressional intent is the basis for the Chevron doctrine, courts cannot simply presume that Congress intends all unclear statutes to signal deference to agencies. Instead, courts must make some inquiry into whether that rationale remains true under the particular circumstances. This Note contends, then, that the Chevron framework, from the outset, asks the wrong question. Instead of inquiring whether the statute is clear, courts should determine whether Congress intended courts to defer to an agency on the question of statutory interpretation. Instinctively deferring to an agency in the face of every ambiguity undermines congressional intent. While implied congressional …

What Happens In Delaware Need Not Stay In Delaware: How Trulia Can Strengthen Private Enforcement Of The Federal Securities Laws, Ryan Lewis

BYU Law Review

Class-action lawsuits have been used by private plaintiffs to enforce the federal securities laws since those laws were enacted in the 1930s. With the SEC retaining concurrent authority to enforce federal securities laws, a debate has emerged as to whether the private right of action helps or hinders public enforcement. The primary criticism of private securities litigation is that rent-seeking attorneys abuse the system by bringing frivolous litigation aimed at achieving a settlement and a fee. In the public merger context, the potentially disastrous consequences of failing to close an announced deal on time make corporations eager to settle potentially …

Deceptive Patents: Deconstructing Juicy Whip, Paul Spiel

BYU Law Review

Moral utility largely prevents the granting of a patent if the patent would be injurious to the well-being of society. The moral utility doctrine has prevailed through much of American patent history and still endures in many parts of the world. In Juicy Whip I, the Federal Circuit chose to abandon the doctrine, but the court’s rationale in support of the decision was ill-suited. The court’s holding sanctioned deceptive patent applications but, intentionally or unintentionally, neglected applicable unfair competition, free speech, and consumer deception doctrines. In light of the Intellectual Property Clause of the U.S. Constitution, deceptive patents should be …

A Muslim Registry: The Precursor To Internment?, Sahar F. Aziz

BYU Law Review

Being political scapegoats in the indefinite “war on terror” is the new normal for Muslims in America. With each federal election cycle or terrorist attack in a Western country comes a spike in islamophobia. Candidates peddle tropes of Muslims as terrorists in campaign materials and political speeches to solicit votes. Government officials call for bold measures—extreme vetting, categorical bans, and mass deportations—to regulate and exclude Muslim bodies from U.S. soil. The racial subtext is that Muslims in the United States are outsiders who do not belong to the political community. A case in point is the “Muslim ban” issued by …

State Of Utah, Plaintiff/Petitioner, V. James Christopher Mccallie, Defendan Tjresponden T., Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

On Writ of Certiorari to the Utah Court of Appeals

Gary Joe Mccamey, Pe Ti Ti Oner/ Appellant, V. State Of Utah, Respondent/ Appellee., Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from a grant of summary judgment and denial of post-conviction relief, in the Third Judicial District, Salt Lake County, the Honorable Judge Paul B. Parker presiding

Raymond M. Snyder Petitioner, Appellant Vs. Utah Labor Commission Western Construction Spec., Utah Property And Casualty Curantee Assoc., Fremont Insurance Group Respondent, Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

No abstract provided.

Gaspar Avila, Petitioner And Appellant, Vs. Taylorsville City, Respondent And Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

APPEAL FROM THE THIRD DISTRICT COURT -- SALT LAKE DEPT., SALT LAKE COUNTY, HONORABLE SU CHON

Russel Augustus, Petitioner V. Vernal City And Vernal City Apppeals Board, Respondent, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

On review from the Vernal City Appeals Board

In Re Estate Of Donald Bret Kouns, Decedent, Greg Torgerson, Plaintiff And Appellant, V. Estate Of Donald Bret Kouns, Defendant And Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from a Judgment of the Sixth District Court In and For Sevier County, State of Utah, Honorable Wallace A. Lee

The State Of Utah, Plaintiff/Appellee Vs. Theophelus Clay Mcclellan, Defendant/Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the Third District Court, Salt Lake County, Judge Mark Kouris Presiding. Appellant is not currently incarcerated in connection with this matter.

Office Of Professional Conduct, Petitioner And Appellant V. Richard Laj Eunesse, Respondent And Appellee., Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

This is an Appeal from the Third Judicial District Court Salt Lake Department, Salt Lake County, State of Utah Judge Andrew Stone

Judith Pinborough Zimmerman, Ph. D., Plaintiff/ Appellant, Vs. The University Of Utah, And William Mcmahon, Defendants/ Appellees., Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Certification from the United States District Court for the District of Utah The Honorable Jill N. Parrish

Ostler V. Utah State Retirement Board, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

No abstract provided.

The State Of Utah, Petitioner /Cross-Respondent, V. Yesha Anthony Garcia, Respondent/Cross-Petitioner., Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

This writ of certiorari arises from a court of appeals' decision reversing Garcia's conviction for Attempted Murder, a first degree felony, in violation of Utah Code §76-5-203. The cross-petition arises from the court of appeals' decision affirming Garcia's conviction of Possession of a Firearm by a Restricted Person, a third degree felony, in violation of Utah Code §76-10-503, in the Third Judicial District, in and for Salt Lake County, State of Utah, the Honorable Robin Reese presiding.

Enervest, Ltd, Successor In Interest To (District Court Case No. 560800056) Bill Barrett Corp., Appellant, Vs. :Tvnchael Carlson, Appellee., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from a summary judgment of the Eighth District Court, Judge Samuel P. Chiara

Frontmatter

Brigham Young University Education and Law Journal

No abstract provided.

Addressing Conflicts Of Interest In The Context Of Campus Sexual Violence, Talcott J. Franklin, Dennis C. Taylor, Ann Beytagh

Brigham Young University Education and Law Journal

No abstract provided.

Safe At Home: Establishing A Fundamental Right To Homeschooling, Billy Gage Raley

Brigham Young University Education and Law Journal

No abstract provided.

Burning Out: The Effect Of Burnout On Special Education, Jordan Radford Mcdowell

Brigham Young University Education and Law Journal

No abstract provided.

Rebranding Death, Angela Wentz Faulconer

Brigham Young University Journal of Public Law

No abstract provided.

The Constitutionality Of Laws Banning Physician Assisted Suicide, Richard S. Myers

Brigham Young University Journal of Public Law

No abstract provided.

Drought By Fifth Amendment: Debunking Water Rights As Real Property Comments, Jacqueline Carlton

Brigham Young University Journal of Public Law

No abstract provided.

Beacon Or Bludgeon? Use Of Regulatory Guidance By The Office For Civil Rights, Stephen S. Worthington

Brigham Young University Education and Law Journal

No abstract provided.

Legalization Of Assisted Suicide And Euthanasia: Foundational Issues And Implications, Sean Murphy

Brigham Young University Journal of Public Law

No abstract provided.

Omg - Not Something To Lol About: The Unintended Results Of Disallowing Warrantless Searches Of Cell Phones Incident To A Lawful Arrest Comments, Parker Jenkins

Brigham Young University Journal of Public Law

No abstract provided.

Dangerous Classroom "App"-Titude: Protecting Student Privacy From Third-Party Educational Service Providers, Alexis M. Peddy

Brigham Young University Education and Law Journal

No abstract provided.

Frontmatter

Brigham Young University Journal of Public Law

No abstract provided.

Clark Memorandum: Spring 2017, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society Of The J. Reuben Clark Law School

The Clark Memorandum

• A Graduate Program of Real Consequence (Kevin J Worthen)
• Promoting Religious Freedom in a Secular Age (Elder Lance B. Wickman)
• Religious Liberty Versus Secularity (Matthew S. Holland)
• Audacious Faith (Brett G. Scharffs)

Javier Rojas, Petitioner/Appellant, V. Utah Labor Commission, Ferrari Color And/Or Workers Compensation Fund, Respondents/Appellees, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from Utah Labor Commission