Digital Commons Network^™

The Erosion Of Judicial Discretion: Why Congress And The Court Should Curb Restrictions For Bankruptcy Judges, Mason Spedding

BYU Law Review

This Note argues that reducing bankruptcy courts’ discretionary powers is a policy mistake because broad-sweeping legislation cannot adequately account for every circumstance presented by debtors. Bankruptcy is a unique field of law that requires unique rules; unlike a purely uniform bankruptcy system that is inherently over- and under-inclusive, a system of judiciously broad discretionary powers enables bankruptcy courts to find the optimal solutions to new issues on a case-by-case basis. Rather than restricting the discretionary powers of bankruptcy judges, Congress should enact a set of standards for judges to consider when evaluating individual cases. Under this system, judges would be …

Standing And Criminal Law, F. Andrew Hessick, Sarah A. Benecky

BYU Law Review

According to the Supreme Court, the “irreducible constitutional minimum of Article III standing” is a concrete, particularized injury in fact that is traceable to the defendant and redressable by a favorable judgment. But this set of requirements does not apply in criminal cases. The federal government has authority to bring prosecutions for any violation of federal criminal law, regardless of whether the crime caused concrete harm to the United States or anyone else, and even though the punishment for the crime does not redress an injury in any conventional sense.

This Article argues that the difference in standing requirements between …

Nisha King, Appellant V. Provo City, Appellee : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Trial Court Case No. Not Applicable

Steven C. Tycksen #3300 TYCKSEN & SHATTUCK, LLC Attorneys for Appellant

J. Brian Jones Provo City Attorney Robert West Provo Civil Service Commission Attorneys for Appellees

Rebeca Boza Arauz V. Juan Carlos Quiquivix Oroczo : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Fourth Judicial District Court, Honorable Robert Lund, District Court No. 234400119

Juan Carlos Quiquivix Orozco, PRO SE, Pro Se for Appellant Juan Carlos Quiquivix Orozco

Julie J. Nelson, Attorneys for Appellee Rebeca Boza Arauz

State Of Utah, Plaintiff / Appellee V. Scott Keith Warner, Defendant / Appellant : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Second Judicial District Court, Weber County, Honorable Cristina Ortega, District Court No. 201901836

Michael D. Palumbo, Sean Reyes, Counsel for Appellee

Emily Adams, Rachel Phillips Ainscough, Counsel for Appellant

Clark Memorandum: Spring 2024, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society

The Clark Memorandum

• Facing Fear with Faith
• The Great Law(s) of Peace
• Grace in the Law School

Glenn Howard Griffin, Petitioner/ Appellant V. State Of Utah, Respondent/ Appellee : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from an order granting Summary Judgment for the State dismissing Glenn Griffin’s petition under the Post-Conviction Relief Act entered in the First District Court, the Honorable Judge Spencer Walsh presiding. Case No. 170100200.

DAVID FERGUSON, Counsel for Appellant

Sean Reyes, Attorney for the Appellee

Tamara Lee Powell, Appellant V. Dean Deloy Powell, Appellee : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from a Judgment of the Third Judicial District Court Salt Lake County, Honorable Mark Kouris

Dennis R. James, Attorney for Appellant

David Corbett, Attorney for Appellee

David Freestone And Janet Freestone Plaintiffs/ Appellants V. Corey Walton And Heather N. Walton Defendants/ Appellees : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

APPEAL FROM THE SECOND JUDICIAL DISTRICT COURT IN AND FOR WEBER COUNTY, STATE OF UTAH, FROM AN ORDER WHICH GRANTED SUMMARY JUDGMENT IN FAVOR OF THE DEFENDANTS/APPELLEES, BEFORE THE HONORABLE JOSEPH BEAN

Russell A. Cline, Attorneys for Appellees/Defendants

Brett D. Cragun, Attorneys for Appellants/Plaintiffs

Trisha Dawn Small, Petitioner/Appellee V. Nathan Dale Small, Respondent/Appellant : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the First District Court, State of Utah, Honorable Spencer D. Walsh presiding

Michael Christiansen (No. 10262) MANN, HADFIELD & THORNE Attorney for Respondent/Appellant

Jeremy G. Jones (No. 14689) NELSON JONES, PLLC Attorney for Respondent/Appellant

Trisha Dawn Small, Petitioner/ Appellee, And Nathan Dale Small, Respondent/ Appellant : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the First District Court, State of Utah, Honorable Spencer D. Walsh presiding

Michael Christiansen, Attorney for Petitioner/Appellee

Jeremy G. Jones, Attorney for Respondent/Appellant

Steven Beverlin V. Gail Beverlin : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Second Judicial District Court, Honorable Joseph Bean, District Court No. 214900271

Charles Ahlstrom SAGE LAW PARTNERS Attorney for Appellant Gail W. Beverlin

Julie J. Nelson (9943) JULIE J. NELSON LAW Attorney for Appellee Steven K. Beverlin

Esther Reid V. Rebath, L.C. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

ON APPEAL FROM THE GRANTING OF SUMMARY JUDGMENT IN FAVOR OF THE DEFENDANT BY HONORABLE CHRISTINE JOHNSON OF THE FOURTH JUDICIAL DISTRICT COURT IN AND FOR UTAH COUNTY, STATE OF UTAH

S. Spencer Brown (#13157) Jack D. Smart (#15737) STRONG & HANNI

SEAN NOBMANN, Utah Bar No. 14064 SEAN NOBMANN PC Attorney for Appellant

Lisa Miner, Petitioner/ Appellee V. John Miner, Respondent/ Appellant : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the Fifth Judicial District Court, Washington County, Utah Honorable Jeffrey C. Wilcox, Presiding

Rodney R. Parker, Attorneys for Appellant

Spanish Fork City Plaintiff/ Appellee V. Christian Jackson Defendant Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

ANA BURGIS, TANNER PREECE, Counsel for Appellee

NATHAN E. BURDSAL, HUTCH U. FALE, Counsel for Appellant

State Of Utah V. Lowery : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

appeal from the Third Judicial District Court, Salt Lake County, Honorable William Kendall, District Court No. 181404643 Mr. Lowery is incarcerated.

Sean Reyes UTAH ATTORNEY GENERAL Counsel for Appellee

Emily Adams (14937) Rachel Phillips Ainscough (16546) THE APPELLATE GROUP Counsel for Appellant

State Of Utah, Plaintiff/Appellee V. Ted Leonard Salsman, Defendant/Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Sixth Judicial District Court, Kane County, Honorable Mandy Larsen, District Court No. 221600005, Mr. Salsman is incarcerated

Sean Reyes (7969) Utah Attorney General Counsel for Appellee

Dylan T. Carlson (18675) Benjamin Miller (17720) Debra M. Nelson (9176) Wendy M. Brown (16208) Utah Indigent Appellate Defense Division Counsel for Ted Salsman

State Of Utah Plaintiff/ Appellee V. Gregory Joseph Cover Defendant/ Appellant : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the District Court for the Third Judicial District, Silver Summit, Summit County

Marian Decker, Attorney for Appellee

Nicolas C. Wilde, Attorney for Appellant

State Of Utah, Plaintiff/ Appellee, V. Thomas Jacob Walker, Defendant/ Appellant: Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

his is the reply brief of Appellant Walker to Appellee's brief of the bench trial conviction of Appellant on the charge of STALKING, Utah Code Annotated, Section 76-5- 106.5 (1953, as amended)

SAM WOODALL, Attorney for Plaintiff/Appellee

J. BRYAN JACKSON, P.C, Attorney for Defendant/ Appellant

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

Utah Court of Appeals Briefs (2020 –)

Appeal from convictions for aggravated assault, a third degree felony; and domestic violence in the presence of a minor, a third degree felony, in the Second Judicial District, Weber County, the Honorable Cristina Ortega presiding.

EMILY ADAMS, Counsel for Appellant

MICHAEL D. PALUMBOО, SEAN D. REYES, MATTHEW M. WILSON, Counsel for Appellee

Trishna Paulson, Petitioner/ Appellant V. Christopher Paulson, Respondent/ Appellee : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the Fourth Judicial District Court, Utah County, Utah Honorable Christine S. Johnson, Presiding

Rodney R. Parker, Attorneys for Appellant

2024 Byu Law Review Masthead

BYU Law Review

No abstract provided.

Byu Law School Faculty Listing

BYU Law Review

No abstract provided.

Byu Law Review Subscription Information

BYU Law Review

No abstract provided.

Where Do Families Come From? The Law Of Family Definition, Katharine Baker

BYU Law Review

Why does the law recognize families? Sometimes family recognition serves to foster cooperative communities in which sharing norms, more than the market or the government, determine rights and obligations. These communities often take care of dependents and serve as important sources of individual self-determination and pluralism. At other times, family delineation serves a corrective purpose, when it forces family members who are not sharing with each other to do so. At still other times, family delineation serves a distributive purpose, as when the law uses “family” definition to distribute resources to determine an intended beneficiary. This use of “family” for …

Full Issue

BYU Law Review

No abstract provided.

Table Of Contents

BYU Law Review

No abstract provided.

Ordinary Meaning As Last Resort: The Meaning Of "Undue Hardship" In Title Vii, James Phillips

BYU Law Review

Ordinary meaning reigns supreme in modern statutory interpretation. Yet that supremacy can cause an interpreter to miss specialized meaning. And the Supreme Court has never fully clarified when ordinary meaning must give way to specialized or technical meaning.

This Article attempts to provide doctrinal clarification as to when one should use ordinary as opposed to other meanings through putting the doctrinal pieces together in a full and coherent way. That doctrinal clarity leads to a methodological refinement: rather than the starting point, ordinary meaning is the ending point of statutory interpretation.

This Article applies this doctrine and methodology, as well …

Navigating Section Three From Griffin’S Case To The Case Of Couy Griffin: Who Should Decide Its Longstanding Questions?, Austin Carpenter

BYU Law Review

Section Three of the Fourteenth Amendment was a long-dormant constitutional provision enacted to bar former Confederates from political office. Then, as a result of the shocking political violence at the United States Capitol on January 6, 2021, Section Three suddenly found itself resurrected into the national political discussion. Scholars and courts are now grappling with Section Three’s original meaning and modern application to those politicians and office holders whose conduct led to the events on January 6 — events that interrupted the peaceful transfer of power and left a stain on the United States’ democratic tradition.

Yet, use of Section …

Expectation V. Reality: Practical Problems With The Right Of First Refusal As A Defense Against Eminent Domain, Aerin Christensen

BYU Law Review

In the wake of the U.S. Supreme Court’s decision in Kelo v. New London, many states enacted new laws to protect property owners from eminent domain. One possible defense for property owners is a statutory right of first refusal. In theory, this is a common-sense protection that ensures that if property is not needed for a public use, it is returned to the original owner. Unfortunately, in practice a right of first refusal is not always an effective protection for property owners.

The plaintiff’s experience in the Utah case Cardiff Wales, LLC v. Washington County School District demonstrates Utah’s statutory …