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Aspenwood Real Estate Corporation, Elite Legacy Corporation, And Hilary "Skip" Wing, Plain Tiffs/ Appellants, Vs. Cathy Code Defendant/ Appellee., Utah Court Of Appeals Apr 2015

Aspenwood Real Estate Corporation, Elite Legacy Corporation, And Hilary "Skip" Wing, Plain Tiffs/ Appellants, Vs. Cathy Code Defendant/ Appellee., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

This is an appeal from a ru ling and order entered on June 6, 2013 granting Defendant/Appellee's motion for attorney fees; and a ruling and order entered on July 22, 2013 denying P laintffs' /Appellants' motion to clarify the order and ruling regarding attorney fees, which were fi nal judgments from the Second Judicial District Court, ,veber County, Ogden Department, the Honorable Judge Michael D. Lyon and the Honorable Judge Noel S. Hyde.


Trespass And Deception, Laurent Sacharoff Mar 2015

Trespass And Deception, Laurent Sacharoff

BYU Law Review

Police routinely use deception to get into people’s homes without warrant or probable cause. They may pose as UPS delivery persons or homebuyers, or they may say they are looking for a kidnapping victim or a pedophile, when really they are looking for drugs or guns. Recent years have brought hundreds of reported decisions concerning such police ruses.

When the police lie about their identity or their purpose to enter a home, as when they pose as a homebuyer, the courts surprisingly, but routinely, approve these deceptions under the Fourth Amendment. Such intrusions, the courts reason, do not violate a …


2015–2016 Byu Law Review Masthead Mar 2015

2015–2016 Byu Law Review Masthead

BYU Law Review

No abstract provided.


Table Of Contents Mar 2015

Table Of Contents

BYU Law Review

No abstract provided.


Imprisonment Inertia And Public Attitudes Toward "Truth In Sentencing", Michael O'Hear, Darren Wheelock Mar 2015

Imprisonment Inertia And Public Attitudes Toward "Truth In Sentencing", Michael O'Hear, Darren Wheelock

BYU Law Review

No abstract provided.


Justice Deferred Is Justice Denied: We Must End Our Failed Experiment In Deferring Corporate Criminal Prosecutions, Peter R. Reilly Mar 2015

Justice Deferred Is Justice Denied: We Must End Our Failed Experiment In Deferring Corporate Criminal Prosecutions, Peter R. Reilly

BYU Law Review

According to the U.S. Department of Justice, deferred prosecution agreements are said to occupy an “important middle ground” between declining to prosecute on the one hand, and trials or guilty pleas on the other. A top DOJ official has declared that over the last decade, the agreements have become a “mainstay” of white collar criminal law enforcement; a prominent criminal law professor calls their increased use part of the “biggest change in corporate law enforcement policy in the last ten years.”

However, despite deferred prosecution’s apparent rise in popularity among law enforcement officials, this Article sets forth the argument that …


The Deliberation Paradox And Administrative Law, William R. Sherman Mar 2015

The Deliberation Paradox And Administrative Law, William R. Sherman

BYU Law Review

Deliberation is a linchpin of administrative decision making, and is a key basis for judicial deference to the agency’s interpretation of law. But deliberation has a dual valence in other areas of administrative law: it triggers the right to access agency information in public meeting laws, but bars access in public records laws. This is the first Article to identify and explain what I call the “Deliberation Paradox” in administrative law. This longstanding but unexplored dichotomy has roots in common law history, separation of powers, the purposes of public access statutes, and assumptions about how the government works. But the …


Finishing The Job On Section 356(A)(2): Closing Loopholes And Providing Consistent Treatment To Boot In Tax-Free Reorganizations, Trevor Crowley Mar 2015

Finishing The Job On Section 356(A)(2): Closing Loopholes And Providing Consistent Treatment To Boot In Tax-Free Reorganizations, Trevor Crowley

BYU Law Review

No abstract provided.


Criminalizing Non-Evacuation Behavior: Unintended Consequences And Undesirable Results, Brandon Curtis Mar 2015

Criminalizing Non-Evacuation Behavior: Unintended Consequences And Undesirable Results, Brandon Curtis

BYU Law Review

No abstract provided.


A Half-Baked Law: How The Supreme Court's Decision In Koontz V. St. Johns River Water Management District Misses A Key Ingredient To Fifth Amendment Protection, Garrett W. Messerly Mar 2015

A Half-Baked Law: How The Supreme Court's Decision In Koontz V. St. Johns River Water Management District Misses A Key Ingredient To Fifth Amendment Protection, Garrett W. Messerly

BYU Law Review

No abstract provided.


State Of Utah V. Debbra Jo Clark : Brief Of Appellant, Utah Court Of Appeals Mar 2015

State Of Utah V. Debbra Jo Clark : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from a conviction for one count of Retail Theft, a third degree felony, in violation of Utah Code 76-6-602 (2012), and one count of Criminal Trespass, as class B misdemeanor, in violation of Utah Code 76-6-206(2)(b) (2012), in the Third Judicial District Court, in and for Salt Lake County, State of Utah, the Honorable Terry L. Christiansen presiding


State Of Utah, Appellee V. Michael L. Nay And Tracy L. Hanson, Appellants : Brief Of Appellee, Utah Court Of Appeals Mar 2015

State Of Utah, Appellee V. Michael L. Nay And Tracy L. Hanson, Appellants : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from convictions for production of a controlled substance, a third degree felony; possession of a controlled stubstance with intent to distribute, a third degree felony; posession of drug paraphernalia, a Class B misdemeanor; and possession of a fiream by a restricted person, a third degree felony, in the Sixth Judicial District, Sevier county, the Honorable Wallace A. Lee presiding


Kevin A.Unck Appellant Vs. Workforce Appeals Board, Utah Court Of Appeals Mar 2015

Kevin A.Unck Appellant Vs. Workforce Appeals Board, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

No abstract provided.


Stichting Mayflower Mountain Fonds & Stichting Mayflower Recreation Fonds Vs. United Park City Mines Company, Empire Pass Master Owners Association, Inc., Red Cloud Homeowners Association, : Brief Of Appellants', Utah Supreme Court Mar 2015

Stichting Mayflower Mountain Fonds & Stichting Mayflower Recreation Fonds Vs. United Park City Mines Company, Empire Pass Master Owners Association, Inc., Red Cloud Homeowners Association, : Brief Of Appellants', Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from final order entered in the Third Judicial District, Honorable Ryan M. Harris


New York Ave., Llc, A Utah Limited Liability Company, Plaintiff, V. David D. Harrison, And Individual, And Jan C. Harrison, And Individual, Defendants : Brief Of Appellant, Utah Court Of Appeals Mar 2015

New York Ave., Llc, A Utah Limited Liability Company, Plaintiff, V. David D. Harrison, And Individual, And Jan C. Harrison, And Individual, Defendants : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the Fourth District court, Utah County, Judge David Mortensen


Reggie Lewis Vs Rodney Nelson : Brief Of Appellant, Utah Court Of Appeals Mar 2015

Reggie Lewis Vs Rodney Nelson : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

No abstract provided.


Pacificorp, Plaintiff And Appellee, V. Paul F. Cardon, Defendant And Appellant, Utah Court Of Appeals Mar 2015

Pacificorp, Plaintiff And Appellee, V. Paul F. Cardon, Defendant And Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the First District Court, Cache County, State of Utah, Judge Kevin K. Allen


Remax Elite Dba, Hilary "Skip" Wing, Aspenwood Real Estate Corporation, Elite Legacy Corporation, Plaintiffs V. Still St Anding St Ables, Llc, Charles "Chuck" Schv Aneveldt, And Cathy Code, Defendants, Utah Court Of Appeals Mar 2015

Remax Elite Dba, Hilary "Skip" Wing, Aspenwood Real Estate Corporation, Elite Legacy Corporation, Plaintiffs V. Still St Anding St Ables, Llc, Charles "Chuck" Schv Aneveldt, And Cathy Code, Defendants, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from a judgment entered in the Second Judicial District Court Weber County, State of Utah, Honorable Noel S. Hyde


Richard Brian Collum V. State Of Utah : Reply Brief Of Appellant, Utah Court Of Appeals Mar 2015

Richard Brian Collum V. State Of Utah : Reply Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the denial of defendant's petition for post-conviction relief in the Seventh Judicial District court, Carbon County, State of Utah, The Honorable Judge George M. Harmond presiding


Lisa Penunuri And Barry Siegwart, Plaintiffs/ Appellants, Vs. Sundance Partners, Ltd; Sundance Holdings, Llc; Sundance Develop11ent Corp; Robertredford;Redford 1970 Trust; Rock Mountain Outfitters, L.C.; And Does I-X. Defendants And Appellees., Utah Court Of Appeals Mar 2015

Lisa Penunuri And Barry Siegwart, Plaintiffs/ Appellants, Vs. Sundance Partners, Ltd; Sundance Holdings, Llc; Sundance Develop11ent Corp; Robertredford;Redford 1970 Trust; Rock Mountain Outfitters, L.C.; And Does I-X. Defendants And Appellees., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

On appeal from the fourth Judicial District Court Utah County, State of utah The Honorable Claudia Laycock Presiding


The State Of Utah, Plaintiff I Appellee V. Bryce Bell, Defendant I Appellant., Utah Court Of Appeals Mar 2015

The State Of Utah, Plaintiff I Appellee V. Bryce Bell, Defendant I Appellant., 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 Robin W. Reese


Frontmatter Mar 2015

Frontmatter

Brigham Young University International Law & Management Review

No abstract provided.


Balancing Domestic Nuclear Industry Viability With International Security: Imminent Changes To Nuclear Export Control Regulations, H. Brendan Burke Mar 2015

Balancing Domestic Nuclear Industry Viability With International Security: Imminent Changes To Nuclear Export Control Regulations, H. Brendan Burke

Brigham Young University International Law & Management Review

No abstract provided.


Equity Crowdfunding—A Wolf In Sheep's Clothing: The Implications Of Crowdfunding Legislation Under The Jobs Act, Sharon Yamen, Yoel Goldfeder Mar 2015

Equity Crowdfunding—A Wolf In Sheep's Clothing: The Implications Of Crowdfunding Legislation Under The Jobs Act, Sharon Yamen, Yoel Goldfeder

Brigham Young University International Law & Management Review

No abstract provided.


Private Sector Corruption In International Trade: The Need For Heightened Reporting And A Private Right Of Action In The Foreign Corrupt Practices Act, Nika A. Antonikova Mar 2015

Private Sector Corruption In International Trade: The Need For Heightened Reporting And A Private Right Of Action In The Foreign Corrupt Practices Act, Nika A. Antonikova

Brigham Young University International Law & Management Review

No abstract provided.


State Obligations Concerning Socio-Economic Rights In Times Of The European Financial Crisis, Jernej Letnar Černič Mar 2015

State Obligations Concerning Socio-Economic Rights In Times Of The European Financial Crisis, Jernej Letnar Černič

Brigham Young University International Law & Management Review

No abstract provided.


School Funding: Inequality In District Funding And The Disparate Impact On Urban Migrant School Children, Rachel R. Ostrander Mar 2015

School Funding: Inequality In District Funding And The Disparate Impact On Urban Migrant School Children, Rachel R. Ostrander

Brigham Young University Education and Law Journal

No abstract provided.


The Equilibrium Of Violence: Accountability In The Age Of Autonomous Weapons Systems, Joel Hood Mar 2015

The Equilibrium Of Violence: Accountability In The Age Of Autonomous Weapons Systems, Joel Hood

Brigham Young University International Law & Management Review

No abstract provided.


G8 Principles: Identifying The Anonymous, Max Biedermann Mar 2015

G8 Principles: Identifying The Anonymous, Max Biedermann

Brigham Young University International Law & Management Review

No abstract provided.


Special Education Due Process Hearing Requests Under Idea: A Hearing Should Not Always Be Required, Timothy E. Gilsbach Mar 2015

Special Education Due Process Hearing Requests Under Idea: A Hearing Should Not Always Be Required, Timothy E. Gilsbach

Brigham Young University Education and Law Journal

No abstract provided.