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Salt Lake City, Plaintiff/Appellee, V. Randall Josephson, Defendant/Appellant. : Reply Brief, Utah Supreme Court Dec 2015

Salt Lake City, Plaintiff/Appellee, V. Randall Josephson, Defendant/Appellant. : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

REPLACEMENT REPLY BRIEF OF APPELLANT

This is a replacement reply brief of appellant following an order from the
Court of Appeals certifying the matter to the Supreme Court for original appellate
review. The matter is an appeal from a judgment of conviction for one class-A
misdemeanor count of stalking, in violation of Utah Code 76-5-106.5, and one
class-B misdemeanor count of threat of violence, in violation of Utah Code 76-
5-107, in the Third Judicial District Court, in and for Salt Lake County, State of
Utah, the Honorable Katie Bernards-Goodman presiding.


2015–2016 Byu Law Review Masthead Dec 2015

2015–2016 Byu Law Review Masthead

BYU Law Review

No abstract provided.


Pricing Disintermediation: Crowdfunding And Online Auction Ipos, A. Christine Hurt Dec 2015

Pricing Disintermediation: Crowdfunding And Online Auction Ipos, A. Christine Hurt

Faculty Scholarship

No abstract provided.


Designing A 21st Century Corporate Tax – An Advance U.S. Minimum Tax On Foreign Income And Other Measures To Protect The Base, Stephen E. Shay, J. Clifton Fleming Jr., Robert J. Peroni Dec 2015

Designing A 21st Century Corporate Tax – An Advance U.S. Minimum Tax On Foreign Income And Other Measures To Protect The Base, Stephen E. Shay, J. Clifton Fleming Jr., Robert J. Peroni

Faculty Scholarship

The 21st Century has seen unprecedented levels of corporate tax aggressiveness and avoidance. This article continues our exploration of second best international tax reforms that would protect the U.S. corporate tax base and have some likelihood of adoption. In this case, we consider how a U.S. minimum tax on foreign income earned by a controlled foreign corporation should be designed to protect the United States against erosion of its corporate income tax base and to combat tax competition by low-tax intermediary countries. In the authors’ view, a minimum tax should be an interim levy that preserves the residual U.S. tax …


Byu Law School Faculty Listing Dec 2015

Byu Law School Faculty Listing

BYU Law Review

No abstract provided.


Table Of Contents Dec 2015

Table Of Contents

BYU Law Review

No abstract provided.


The Death Of Deference And The Domestication Of Treaty Law, Harlan Grant Cohen Dec 2015

The Death Of Deference And The Domestication Of Treaty Law, Harlan Grant Cohen

BYU Law Review

No abstract provided.


What Should The Restatement (Fourth) Say About Treaty Interpretation?, Jean Galbraith Dec 2015

What Should The Restatement (Fourth) Say About Treaty Interpretation?, Jean Galbraith

BYU Law Review

The Restatement (Second) and Restatement (Third) of the Foreign Relations Law took notably different approaches to treaty interpretation, reflecting intervening changes in the legal landscape. This symposium contribution identifies five developments in international and domestic law since the Restatement (Third). It then considers their import for the forthcoming Restatement (Fourth). Most importantly, it argues that the Restatement (Fourth) should fully incorporate two articles on treaty interpretation from the Vienna Convention on the Law of Treaties into its black-letter provisions. Since the time of the Restatement (Third), these articles have become central to international practice on treaty interpretation, and the principles …


Constraining Charming Betsy: Textual Ambiguity As A Predicate To Applying The Charming Betsy Doctrine, Andrew H. Bean Dec 2015

Constraining Charming Betsy: Textual Ambiguity As A Predicate To Applying The Charming Betsy Doctrine, Andrew H. Bean

BYU Law Review

No abstract provided.


A New Imperialism? Evaluating Russia’S Acquisition Of Crimea In The Context Of National And International Law, Trevor Mcdougal Dec 2015

A New Imperialism? Evaluating Russia’S Acquisition Of Crimea In The Context Of National And International Law, Trevor Mcdougal

BYU Law Review

No abstract provided.


Forced Marriage At The Cambodian Crossroads: Eccc Can Develop A New Crime Against Humanity, Cameron Christensen Dec 2015

Forced Marriage At The Cambodian Crossroads: Eccc Can Develop A New Crime Against Humanity, Cameron Christensen

BYU Law Review

No abstract provided.


Taming Madison’S Monster: How To Fix Self-Execution Doctrine, David L. Sloss Dec 2015

Taming Madison’S Monster: How To Fix Self-Execution Doctrine, David L. Sloss

BYU Law Review

No abstract provided.


The Proposed Restatement (Fourth) Of The Foreign Relations Law Of The United States: Treaties—Some Serious Procedural And Substantive Concerns, Leila Nadya Sadat Dec 2015

The Proposed Restatement (Fourth) Of The Foreign Relations Law Of The United States: Treaties—Some Serious Procedural And Substantive Concerns, Leila Nadya Sadat

BYU Law Review

No abstract provided.


A Textual Approach To Treaty Non-Self-Execution, Michael D. Ramsey Dec 2015

A Textual Approach To Treaty Non-Self-Execution, Michael D. Ramsey

BYU Law Review

No abstract provided.


Presidential Pronouncements Of Customary International Law As An Alternative To The Senate’S Advice And Consent, Eric Talbot Jensen Dec 2015

Presidential Pronouncements Of Customary International Law As An Alternative To The Senate’S Advice And Consent, Eric Talbot Jensen

BYU Law Review

The Restatement (Fourth) of Foreign Relations Law of the United States has thus far focused on the status of treaties in United States law, and has not specifically considered the topic of customary international law. While the American Law Institute undoubtedly has good reasons for its approach, there is an emerging presidential practice that should catch the attention of the drafters and encourage them to make at least a small foray into customary international law’s impact on the domestic law of the United States. This practice consists of presidents proclaiming to the international community that certain provisions of treaties that …


Treaties And The Presumption Against Preemption, David H. Moore Dec 2015

Treaties And The Presumption Against Preemption, David H. Moore

BYU Law Review

No abstract provided.


Four Problems With The Draft Restatement’S Treatment Of Treaty Self-Execution, Carlos Manuel Vázquez Dec 2015

Four Problems With The Draft Restatement’S Treatment Of Treaty Self-Execution, Carlos Manuel Vázquez

BYU Law Review

No abstract provided.


Everett P. Wilson Jr., And Darla Wilson, Plaintiffs/Appellees/Respondents, And Educators Mutual Insurance Association Plaintiff/Appellant/Petitioner, Vs. Cade M. Krueger Defendant, Utah Supreme Court Dec 2015

Everett P. Wilson Jr., And Darla Wilson, Plaintiffs/Appellees/Respondents, And Educators Mutual Insurance Association Plaintiff/Appellant/Petitioner, Vs. Cade M. Krueger Defendant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

CERTIORARI FROM THE UTAH COURT OF APPEALS' FEBRUARY 25, 2016, RULING REVERSING THE FINAL DECISION OF THE HONORABLE SAMUEL D. MCVEY OF THE UTAH FOURTH JUDICIAL DISTRICT COURT


Sean Kendall, Appellant, V Brett Olsen, Lt. Brian Purvis, Joseph Allen Everett, Tom Edmundson, George S. Pregman And Salt Lake City Corporation, Appellees, Utah Supreme Court Dec 2015

Sean Kendall, Appellant, V Brett Olsen, Lt. Brian Purvis, Joseph Allen Everett, Tom Edmundson, George S. Pregman And Salt Lake City Corporation, Appellees, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from the Third Judicial District Court, Salt Lake County, Before the Honorable Heather Brereton and William Barrett


Utah Stream Access Coalition, A Utah Non-Profit Corporation, Plaintiff/Appellee, Vs. Vr Acquisitions Llc, A Delaware Limited Liability Company, Et Al., Defendants/Appellants, Utah Supreme Court Dec 2015

Utah Stream Access Coalition, A Utah Non-Profit Corporation, Plaintiff/Appellee, Vs. Vr Acquisitions Llc, A Delaware Limited Liability Company, Et Al., Defendants/Appellants, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from the Fourth Judicial District Court--Wasatch County Hon. Derek Pullan--Case No. 1-00500558


Utah Stream Access Coalition, Appellee/Cross-Appellant, V. Vr Acquisitions Llc And State Of Utah, Appellants/Cross-Appellees, Utah Supreme Court Dec 2015

Utah Stream Access Coalition, Appellee/Cross-Appellant, V. Vr Acquisitions Llc And State Of Utah, Appellants/Cross-Appellees, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

On appeal from the Fourth Judicial District Court, Wasatch County, Honorable Derek P. Pullan, District Court No. 100500558


Utah Stream Access Coalition, A Utah Non-Profit Corporation, Plaintiff/Appellee, Vs. Vr Acquisitions Llc, A Delaware Limited Liability Company, Et Al., Defendants/Appellants, Utah Supreme Court Dec 2015

Utah Stream Access Coalition, A Utah Non-Profit Corporation, Plaintiff/Appellee, Vs. Vr Acquisitions Llc, A Delaware Limited Liability Company, Et Al., Defendants/Appellants, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from the Fourth Judicial District Court, Wasatch County, Honorable Derek Pullan, Judge Case #100500558


Pc Riverview, Llc, Respondent/Plaintiff, Vs. Hang Gaung Lin, D/B/A/ Golden Isle Restaurant And Xiao-Yan Cao, Petitioner/Defendants, Utah Supreme Court Dec 2015

Pc Riverview, Llc, Respondent/Plaintiff, Vs. Hang Gaung Lin, D/B/A/ Golden Isle Restaurant And Xiao-Yan Cao, Petitioner/Defendants, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

No abstract provided.


State Of Utah, Plaintiff/Appellant, V. Michael Rowan And Rebecca George, Defendant/Appellee, Utah Supreme Court Dec 2015

State Of Utah, Plaintiff/Appellant, V. Michael Rowan And Rebecca George, Defendant/Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

No abstract provided.


State Of Utah, Plaintiff/Appellee, Vs. Michael Rowan And Rebecca George, Defendants/Appellants, Utah Supreme Court Dec 2015

State Of Utah, Plaintiff/Appellee, Vs. Michael Rowan And Rebecca George, Defendants/Appellants, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from a final order dismissing the charges against defendants, which dismissal was entered on the ground that the district court's orders suppressing evidence substantially impaired the prosecution's cases, in the Fourth Judicial District, Utah County, the Honorable Derek P. Pullan presiding


State Of Utah, Plaintiff/Appellant, Vs. Michael Rowan & Rebecca George, Defendant/Appellant, Utah Supreme Court Dec 2015

State Of Utah, Plaintiff/Appellant, Vs. Michael Rowan & Rebecca George, Defendant/Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

State's appeal from the Fourth District Court, Utah County, state of Utah, from order of dismissal of charges against defendants after the trial court granted defendants' motion to suppress, before the Honorable Derek P. Pullan


State Of Utah, Plaintiff/Appellant, Vs. Michael Rowan & Rebecca George, Defendant/Appellant, Utah Supreme Court Dec 2015

State Of Utah, Plaintiff/Appellant, Vs. Michael Rowan & Rebecca George, Defendant/Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

State's appeal from the Fourth District Court, Utah County, state of Utah, from order of dismissal of charges against defendants after the trial court granted defendants' motion to suppress, before the Honorable Derek P. Pullan


State Of Utah, Plaintiff/Petitioner, V. Manuel Antonio Lujan, Defendant/Respondent, Utah Supreme Court Dec 2015

State Of Utah, Plaintiff/Petitioner, V. Manuel Antonio Lujan, Defendant/Respondent, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

On Writ of Certiorari to the Utah Court of Appeals


State Of Utah, Plaintiff/Petitioner, V. Manuel Antonio Lujan, Defendant/Respondent, Utah Supreme Court Dec 2015

State Of Utah, Plaintiff/Petitioner, V. Manuel Antonio Lujan, Defendant/Respondent, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

On Writ of Certiorari to the Utah Court of Appeals


State Of Utah, Appellant, V. Manual Antonio Lujan, Appellee, Utah Supreme Court Dec 2015

State Of Utah, Appellant, V. Manual Antonio Lujan, Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

On Writ of Certiorari to the Utah Court of Appeals