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I, Utah Court Of Appeals Dec 2015

I, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

On Appeal from the Fourth District Court, State of Utah Utah County Judge Taylor


Dennis Cheek, Plaintiff/Appellant, V. Clay Bullock Construction, Inc., Ad Utah Corporation; And Cly Bullock, An Individual, Defendants/Appellees : Brief Of Appellant, Utah Court Of Appeals Dec 2015

Dennis Cheek, Plaintiff/Appellant, V. Clay Bullock Construction, Inc., Ad Utah Corporation; And Cly Bullock, An Individual, Defendants/Appellees : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the Fifth Distrct Court, Iron County, Judge Paul D. Lyman


The State Of Utah, Plaintiff/Appellee, V. Girato Kamillo Phillip, Defendant/Appellant, Utah Court Of Appeals Dec 2015

The State Of Utah, Plaintiff/Appellee, V. Girato Kamillo Phillip, Defendant/Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from an order revoking probation and imposing the original sentence for Aggravated Robbery, a first degree felony, in violation of Utah Code 76-6-302, in the Third Judicial District, in and for Salt Lake County, State of Utah, the Honorable Mark Kouris presiding


State Of Utah, Appellee/ Plaintiff, V. Dennis Terry Wynn, Appellant/Defendant, Utah Court Of Appeals Dec 2015

State Of Utah, Appellee/ Plaintiff, V. Dennis Terry Wynn, Appellant/Defendant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

This is the opening brief of Mr. Wynn, who stands convicted of four counts of securities fraud, second and third degree felony violations of Utah Code Ann. 61-1-1. This appeal is from an order denying Wynn's post judgement motions for relief from the default restitution order and illegal imposition of the sentence and denying his motion to compel discovery. The Honorable Robin W. Reese of the Third District Court in and for Salt Lake county, State of Utah, imposed the sentence. The order appealed from entered in the same court, the Honorable Paul B. Parker, Judge, presiding.


Mary Wollstonecraft On Reason, Marriage, Family Life, And The Development Of Virtue In A Vindication Of The Rights Of Woman, Paul E. Kerry Dec 2015

Mary Wollstonecraft On Reason, Marriage, Family Life, And The Development Of Virtue In A Vindication Of The Rights Of Woman, Paul E. Kerry

Brigham Young University Journal of Public Law

No abstract provided.


Before There Were Mouseholes: Resurrecting The Non-Delegation Doctrine, Joel Hood Dec 2015

Before There Were Mouseholes: Resurrecting The Non-Delegation Doctrine, Joel Hood

Brigham Young University Journal of Public Law

No abstract provided.


Frontmatter Dec 2015

Frontmatter

Brigham Young University Journal of Public Law

No abstract provided.


Legal Storytelling: The Murder Of Voter Id, Tracy Mccants Lewis Dec 2015

Legal Storytelling: The Murder Of Voter Id, Tracy Mccants Lewis

Brigham Young University Journal of Public Law

No abstract provided.


The Protection Of Water Resources As A Justification For Self-Defense In International Humanitarian Law, Mark Tyler Dec 2015

The Protection Of Water Resources As A Justification For Self-Defense In International Humanitarian Law, Mark Tyler

Brigham Young University Journal of Public Law

No abstract provided.


Twenty-Week Abortion Bans: Ineffective, Unconstitutional And Unwise, Paul Benjamin Linton Dec 2015

Twenty-Week Abortion Bans: Ineffective, Unconstitutional And Unwise, Paul Benjamin Linton

Brigham Young University Journal of Public Law

No abstract provided.


Penn Smith, Plaintiff/ Appellee, Vs. V Alden Cram, As Executive-Trustee Under The Declaration Of Trust Dated 11/26/93 , Operating Under The Name Of The Terrestrial Kingdom Of God Defendant/ Appellee ., Utah Court Of Appeals Dec 2015

Penn Smith, Plaintiff/ Appellee, Vs. V Alden Cram, As Executive-Trustee Under The Declaration Of Trust Dated 11/26/93 , Operating Under The Name Of The Terrestrial Kingdom Of God Defendant/ Appellee ., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the Fifth Judicial District, Washington County, State of Utah The Honorable James L. Shumate


The Psychology Of Patent Protection, Stephanie Plamondon Bair Dec 2015

The Psychology Of Patent Protection, Stephanie Plamondon Bair

Faculty Scholarship

This Article offers the first comprehensive assessment of the major justifications for our patent system using a behavioral psychology framework. Applying insights from the behavioral literature that I argue more accurately account for the realities of human action than previous analytical tools, I critically evaluate each of the major justifications for patents — incentive theory, disclosure theory, prospect theory, commercialization theory, patent racing theory, and non-utilitarian theories. I ask whether our current patent system is an effective regime for meeting the stated goals of these accounts. When the answer to this question is no, I again turn to the behavioral …


Rocky Mountain Builders Supply, Inc. D/B/A Ck Builders, Plaintiff-Appellant, Vs. Steve Marks, An Individual, Def Endant-Appellee., Utah Court Of Appeals Nov 2015

Rocky Mountain Builders Supply, Inc. D/B/A Ck Builders, Plaintiff-Appellant, Vs. Steve Marks, An Individual, Def Endant-Appellee., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from Order of Dismissal of the Fourth District Court, Utah County Honorable Samuel Mc Vey, District Court Judge, Presiding


In Regard To Darrell Wayne Morris, Witness/Appellant. State Of Utah, Plaintiff, V. Danny Leroy Logue, Defendant., Utah Court Of Appeals Nov 2015

In Regard To Darrell Wayne Morris, Witness/Appellant. State Of Utah, Plaintiff, V. Danny Leroy Logue, Defendant., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

ON APPEAL FROM A FINDING OF CONTEMPT ENTERED BY HONORABLE DEREK M. PULLAN OF THE FOURTH JUDICIAL DISTRICT COURT IN AND FOR UTAH COUNTY, STATE OF UTAH


State Of Utah, Plaintiff/Appellant V. Robbie Michael Macdonald, Defendant/Appellee, Utah Court Of Appeals Nov 2015

State Of Utah, Plaintiff/Appellant V. Robbie Michael Macdonald, Defendant/Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Interlocutory Appeal from two pretrial suppression rulings, in the Fourth Judicial District, Utah County, the Honorable Derek Pullan presiding


Andrew L. Ellsworth, Et Al., Plaintiffs/Appellants, Vs. Terry Huffstatler, Et Al., Defendants/ Appellees. Terry Huffstatler, Et Al., Petitioner/ Appellant, Vs. Mark L. Ellsworth, Et Al., Respondents/ Appellees. Terry Huffstatler, As Trustee Of The Barbara May Ellsworth Trust, Intervenor Plaintiff/ Appellee, Vs. Mark L. Ellsworth, Co-Trustee Of The Ellsworth Family Trust., Intervenor Defendant/ Appellant, Utah Court Of Appeals Nov 2015

Andrew L. Ellsworth, Et Al., Plaintiffs/Appellants, Vs. Terry Huffstatler, Et Al., Defendants/ Appellees. Terry Huffstatler, Et Al., Petitioner/ Appellant, Vs. Mark L. Ellsworth, Et Al., Respondents/ Appellees. Terry Huffstatler, As Trustee Of The Barbara May Ellsworth Trust, Intervenor Plaintiff/ Appellee, Vs. Mark L. Ellsworth, Co-Trustee Of The Ellsworth Family Trust., Intervenor Defendant/ Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the Fourth Judicial District Court, Utah County, State of Utah, the Honorable David N. Mortensen


Sheila G Winkler, Petitioner, V. Workforce Appeals Board, Utah Department Of Workforce Services, And Salt Lake City Corp., Respondents, Utah Court Of Appeals Nov 2015

Sheila G Winkler, Petitioner, V. Workforce Appeals Board, Utah Department Of Workforce Services, And Salt Lake City Corp., Respondents, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Petition for Review of a Decision of the Workforce Appeals Board of the Department of Workforce Services, State of Utah


State Of Utah V. Khalid Mohamud : Brief Of Appellee, Utah Supreme Court Nov 2015

State Of Utah V. Khalid Mohamud : Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from a conviction for one count of possessing a prohibited item in a correctional facility, a second degree felony, in the Third Judicial Distrct, Salt Lake County, the Honorable Terry Christiansen presiding.


Hands Up At Home: Militarized Masculinity And Police Officers Who Commit Intimate Partner Abuse, Leigh Goodmark Nov 2015

Hands Up At Home: Militarized Masculinity And Police Officers Who Commit Intimate Partner Abuse, Leigh Goodmark

BYU Law Review

The deaths of Michael Brown and Eric Garner and the almost daily news stories about abusive and violent police conduct are currently prompting questions about the appropriate use of force by police officers. Moreover, the history of police brutality directed towards women is well-documented. Most of that literature, however, captures the violence that police do in their public capacity as officers of the state. This Article examines the violence and abuse perpetrated by police in their private lives, against their intimate partners. Although the public and private overlap, the power and training provided to police officers by the state makes …


Posner, Blackstone, And Prior Restraints On Speech, Ashutosh Bhagwat Nov 2015

Posner, Blackstone, And Prior Restraints On Speech, Ashutosh Bhagwat

BYU Law Review

Judge Richard Posner recently asserted that the original understanding of the Free Speech Clause of the First Amendment was to prohibit “censorship”—meaning prior restraints—but not subsequent punishments. Posner was following in the footsteps of many other eminent jurists including Oliver Wendell Holmes, Jr., Joseph Story, James Wilson, and ultimately William Blackstone.

The problem is, this claim is simply wrong. Firstly, it misquotes Blackstone. Blackstone said that the liberty of the press meant only freedom from prior restraints; he never discussed speech. When one does examine the Speech Clause, it becomes quite clear that its protections cannot be limited to freedom …


2015–2016 Byu Law Review Masthead Nov 2015

2015–2016 Byu Law Review Masthead

BYU Law Review

No abstract provided.


Byu Law School Faculty Listing Nov 2015

Byu Law School Faculty Listing

BYU Law Review

No abstract provided.


Table Of Contents Nov 2015

Table Of Contents

BYU Law Review

No abstract provided.


In Loco Juvenile Justice: Minors In Munis, Cash From Kids, And Adolescent Pro Se Advocacy—Ferguson And Beyond, Mae C. Quinn Nov 2015

In Loco Juvenile Justice: Minors In Munis, Cash From Kids, And Adolescent Pro Se Advocacy—Ferguson And Beyond, Mae C. Quinn

BYU Law Review

No abstract provided.


The Social Relations Of Consumption: Corporate Law And The Meaning Of Consumer Culture, David G. Yosifon Nov 2015

The Social Relations Of Consumption: Corporate Law And The Meaning Of Consumer Culture, David G. Yosifon

BYU Law Review

A mature assessment of the society we are making for ourselves, and the legacy we are leaving to the future, must come to terms with consumer culture. Theoretical discourse, as well as common experience, betray persistent ambiguity about what consumerism means to and says about us. In this Article, I argue that this ambiguity can in part be explained by examining the social relations of consumption in contemporary society. These involve, crucially, the relationship between producer and consumer that is dictated by corporate governance law, and embodied in the decision-making dynamics of the directors who command corporate operations. The enigmatic …


Alternative Entities And Fiduciary Duty Waivers In Delaware, Michael Despres Nov 2015

Alternative Entities And Fiduciary Duty Waivers In Delaware, Michael Despres

BYU Law Review

No abstract provided.


Scout’S Honor: The Boy Scouts, Judicial Ethics, And The Appearance Of Partiality, Daniel Ortner Nov 2015

Scout’S Honor: The Boy Scouts, Judicial Ethics, And The Appearance Of Partiality, Daniel Ortner

BYU Law Review

No abstract provided.


The State Of The States: The Continuing Struggle To Criminalize Revenge Porn, Justin Pitcher Nov 2015

The State Of The States: The Continuing Struggle To Criminalize Revenge Porn, Justin Pitcher

BYU Law Review

No abstract provided.


State Of Utah, Plaintiff/Appellee, Vs. William Tirado, Defendant/Appellant, Utah Court Of Appeals Nov 2015

State Of Utah, Plaintiff/Appellee, Vs. William Tirado, Defendant/Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the Second District Court, Weber County, State of Utah, from a conviction of arranging the distribution of a controlled substance, a second degree felony, before the Honorable Ernie W. Jones; Oral Argument Requested; appellant is currently incarcerated at the Utah State Prision


Sharon Smith Petitioner/Appellee V. Keith Smith Respondent/Appellant, Utah Court Of Appeals Nov 2015

Sharon Smith Petitioner/Appellee V. Keith Smith Respondent/Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the Findings of Fact and Conclusions of Law and Decree of Divorce, each entered on March 26, 2015, by the Third Judicial District Court, the Honorable Robert W. Adkins presiding.