Digital Commons Network^™

Federated Capital Corporation Dba Federated Financial Corporation Of America, Plaintiff/Appellant, Vs. Arnella M. Abraham, Individually And Dba Weststar Properties, Inc., Defendant/Appellee. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLANT

ON APPEAL FROM THE THIRD JUDICIAL DISTRICT COURT, UTAH
COUNTY, STATE OF UTAH, BEFORE THE HONORABLE KEITH KELLY

Federated Capital Corp. D.B.A. Federated Financial Corp. Of America, Plaintiff/Appellant, Vs. James Shaw, Dba Alpha Blinds Dist, Defendant/Appellee. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLEE

APPEAL FROM THE THIRD JUDICIAL DISTRICT COURT, SALT LAKE
COUNTY, STATE OF UTAH, THE HONORABLE DENISE P. LINDBERG,
DISTRICT COURT NO. 139910356.

Bank Of America, N.A. V. Samuel D. Adamson And Courtney D. Adamson And John Doe/Jane Doe/Occupant : Appellant's Replacement Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from a final Order of Dismissal of the Fifth Judicial District court, Saint George Department Washington County State of Utah by The Honorable Jeffrey C. WIlcox

Table Of Contents

BYU Law Review

No abstract provided.

The Tragicomedy Of The Commons, Brigham Daniels

BYU Law Review

Scholarship on the commons focuses on a diverse set of problems, ranging from crashing fisheries to crowded court dockets. Because we find commons resources throughout our natural and cultural environments, understanding old lessons and learning new ones about the commons gives us leverage to address a wide range of problems. Because the list of resources identified as commons resources continues to grow, the importance of gleaning lessons about the commons will also continue to grow.

That being said, while the resources that make up the commons are certainly diverse, so too are the ways scholars depict it and the challenges …

Agglomerama, Lee Anne Fennell

BYU Law Review

No abstract provided.

The Duty To Manage Risk, A. Christine Hurt

Faculty Scholarship

No abstract provided.

Cyber Sovereignty: The Way Ahead, Eric Talbot Jensen

Faculty Scholarship

The last few years are full of reports of cyber incidents, some of which have caused significant damage. Each of these cyber events raise important questions about the role and responsibility of States with respect to cyber incidents. The answer to these questions revolves in large part around the international law doctrine of sovereignty. The extent to which nations exercise sovereignty over cyberspace and cyber infrastructure will provide key answers to how much control States must exercise and how much responsibility States must accept for harmful cyber activities when they fail to adequately do so. This article argues that States …

Future War And The War Powers Resolution, Eric Talbot Jensen

Faculty Scholarship

Since its passage in 1973 over the veto of then-President Nixon, the War Powers Resolution (WPR) has been laden with controversy. Labeled as everything from ineffective to unconstitutional, the WPR has generally failed in its design to require notification and consultation to Congress by the President. Despite numerous proposals to amend the WPR, it continues to languish in the twilight of Executive war powers, and its future is bleak. With emerging technologies such as drones, cyber tools, nanotechnology, and genomics, the ineffectiveness of the WPR will prove even more profound. The WPR’s reliance on “armed forces” and “hostilities” as triggers …

Masthead

BYU Law Review

No abstract provided.

Faculty

BYU Law Review

No abstract provided.

Our Global Commons, Brigham Daniels, James Salzman

BYU Law Review

No abstract provided.

Surprising Commons, Carol M. Rose

BYU Law Review

No abstract provided.

Texas Groundwater And Tragically Stable “Crossovers”, Zachary Bray

BYU Law Review

One recurring question in the academic literature on common-pool resources relates to the persistence of “tragic” commons regimes—systems that encourage, or at least tolerate, the inefficient, wasteful, hazardous, or unfair exploitation of a resource that is easily accessed for and diminished by individual use and consumption. Of course, not all commons are tragic: some common-pool resources invite individual access in efficient, fair, and durable ways. Yet many commonly held resources do lie under systems of governance that are not just tragic but persistently and stubbornly so. Often the tragic aspects of such commons regimes are well known; indeed, for some …

Naming The Tragedy, Eric T. Freyfogle

BYU Law Review

No abstract provided.

Isolated Wetland Commons And The Constitution, Blake Hudson, Mike Hardig

BYU Law Review

Isolated wetlands provide great ecological and economic value to the United States. While some states provide protection for isolated wetlands, a great many do not. These wetlands are also left outside the ambit of federal wetland regulatory protections under the Clean Water Act, with its murky jurisdictional reach. Notwithstanding jurisdictional questions under current federal statutes, the U.S. Supreme Court has gone so far as to call into question the constitutionality of federal isolated wetland regulation. This Article makes a normative argument that, in the absence of state or local programs providing holistic isolated wetland protection, federal action is needed. The …

Local Governments And Global Commons, Jonathan Rosenbloom

BYU Law Review

No abstract provided.

Coordinating The Oil And Gas Commons, Hannah J. Wiseman

BYU Law Review

No abstract provided.

State Of Utah, Appellee, Vs. D.G., Appellant A Person Under 18 Years Of Age., Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from an adjudication for aggravated sexual assault, a first degree felony punishable by fifteen-years-to life if committed by an adult, in violation of Utah Cose Section 76-5-405, see Utah Code 76-5-405 (2013), entered in the Third District Juvenile Court, in and for Salt Lake county, State of Utah, the Honorable Kimberly K. Hornak presiding. On certification to the Utah Supreme Court from the Utah Court of Appeals.

Heal Utah, Et. Al., Plaintiffs/Appellants, V. Kane County Water Conservancy District, Et. Al. Defendant/Appellees., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

An appeal from a judgment of the Seventh District Court sitting without a jury Judge George M. Hatmond, Jr.

Ruth B. Hardy Revocable Trust; Delcon Corporation Profit Sharing Plan Fbo A. Wesley Hardy; Finesse P.S.P.; Mjs Real Properties Llc; Uintah Investments, Llc; David D. Smith; Steven Condie; David L. Johnson; Berrett Psp; Vw Professional Homes Psp; Ty Thomas; And D.R.P. Management Psp, Plaintiffs And Appellants, Vs. Mark Lee, Trustee Of The Rindlesbach Construction Inc. Profit Sharing Plan And Mark Lee Rindlesbach, Individually; Defendants And Appellees : Brief Of Appellants, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the Order of Dismissal as to Mark Lee Rindlesbach Individually, dated December 4, 2012 , in the Third District Court, Salt Lake County, Utah, the Honorable Deno Himonas Presiding.

Heal Utah, A Utah Non-Profit Organization, Et Al., Plaintiffs And Appellants, Vs. Kane County Water Conservancy District, A Utah Water Conservancy District, Et. Al. Defendant And Appellees., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLEE UTAH STATE ENGINEER

Jimmy Dean Meinhard V. State Of Utah : Reply Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

On appeal from the Third Judicial District Court, Salt Lake County, Honorable L.A. Dever, District Court No. 130900232

State Of Utah, Appellee, V. Lane D. Bird, Appellant., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

ON APPEAL TO THE UTAH COURT OF APPEALS FROM .A JUDGMENT ENTERED BY THE FIFTH DISTRICT JUDICIAL COURT, IN AND FOR IRON COUNTY, STATE OF UTAH

Michael S. Robinson, Plaintiff/Appellant, Vs. Jones Waldo Holbrook & Mcdonough, P.C.; Stephen C. Clark, And Melissa M. Bean, Defendants/Appellees, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the Third Judicial District Court, Salt Lake County, Utah, Honorable Charlene Barlow, Presiding

Weiman Ha, Muoi Ha, And Olivia Ha, A Majority Of Shareholders Of Southeast Supermarket, Inc. Appellants/Plaintiffs, Vs. Coung Si Trang, Director For Southeast Supermarket Inc., And Silvia Trang, Secretary For Southeast Supermarket, Inc., Appellees/Defendants, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

No abstract provided.

When Conditions Go Bad: An Examination Of The Problems Inherent In The Conditional Use Permitting System, Jacob Green

BYU Law Review

No abstract provided.

Table Of Contents

BYU Law Review

No abstract provided.

Shareholder Activism As A Corrective Mechanism In Corporate Governance, Paul Rose, Bernard S. Sharfman

BYU Law Review

Under an Arrowian framework, centralized authority and management provides for optimal decision making in large organizations. However, Kenneth Arrow also recognized that other elements within the organization, beyond the central authority, occasionally may have superior information or decision-making skills. In such cases, such elements may act as a corrective mechanism within the organization. In the context of public companies, this Article finds that such a corrective mechanism comes in the form of hedge fund activism, or, more accurately, offensive shareholder activism.

Offensive shareholder activism operates in the market for corporate influence, not control. Consistent with a theoretical framework that protects …

Teaching “Thinking Like A Lawyer”: Metacognition And Law Students, Cheryl B. Preston, Penée Wood Stewart, Louise R. Moulding

BYU Law Review

No abstract provided.