Digital Commons Network^™

Patent Claim Interpretation Review: Deference Or Correction Driven?, Christopher A. Cotropia

BYU Law Review

This Article examines the Federal Circuit’s review of claim constructions by lower tribunals to determine whether the Federal Circuit defers to lower court constructions or is making its own, independent determination as to the “correct” construction and ultimate result in the case.

The data collected from 2010 to 2013 indicates that the Federal Circuit affirms about 75% of lower court claim interpretations. While this finding is itself surprising, even more surprising is that these reviews do not appear to be driven by deference. Instead, the Federal Circuit is less likely to correct constructions that resulted in a patentee loss below, …

Surveillant And Counselor: A Reorientation In Compliance For Broker-Dealers, James A. Fanto

BYU Law Review

This Article argues that the compliance officer should play a major role in the ongoing reform of broker-dealers and other financial firms. This role is facilitated by the fact that compliance is now well established and accepted and compliance officers are close to decision making at all levels of a firm. The contention is that the role of compliance must be rethought and reoriented if it is to contribute fully to the reform. Compliance officers now ensure that the firms and their employees comply with the numerous laws and regulations governing them and their activities, primarily by producing and then …

The Creation Of Hipaa Culture: Prioritizing Privacy Paranoia Over Patient Care, Jessica Jardine Wilkes

BYU Law Review

No abstract provided.

Americanwest Bank, Formerly Known As Far West Bank V Sandy G. Kellin : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

APPEAL FROM THE THIRD DISTRICT COURT FOR SUMMIT COUNTY, UTAH, JUDGE TODD M. SHAUGNESSY

Todd Wayne Mulder, Plaintiff/Appellant, Vs. State Of Utah, Defendant/Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Petitioner Todd Wayne Mulder appeals the dismissal of his past-conviction petition. This court has jurisdiction under Utah Code Annotated §78-A-103(2)(j)(West Supp. 2012.)

West Valley City, Petitioner, -V.- John Coyle And West Valley City Civil Service Commission, Respondents., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

APPEAL FROM THE MAY 15, 2014 DECISION AND ORDER OF THE WEST VALLEY CITY CIVIL SERVICE COMMISSION

Symbolic Politics For Disempowered Communities: State Environmental Justice Policies, Tonya Lewis, Jessica Owley

Brigham Young University Journal of Public Law

No abstract provided.

War Over Words: Reinterpreting "Hostilities" And The War Powers Resolution, Eileen Burgin

Brigham Young University Journal of Public Law

No abstract provided.

Justice As A Luxury? The Inefficacy Of Middle Class Pro Se Litigation And Exploring Unbundling As A Partial Solution, Deborah Beth Medows

Brigham Young University Journal of Public Law

No abstract provided.

2014 Byu Law School Annual Report, J. Reuben Clark Law School

The BYU Advocate (& Annual Reports)

No abstract provided.

What Color Is The Number Seven? Category Mistakes Analysis And The "Legislative/Non-Legislative" Distinction, John Martinez

Brigham Young University Journal of Public Law

No abstract provided.

Essay: Philemon, Marbury, And The Passive-Aggressive Assertion Of Legal Authority, Paul J. Larkin Jr.

Brigham Young University Journal of Public Law

No abstract provided.

"Standing" On Formality: Hollingsworth V. Perry And The Efficacy Of Direct Democracy In The United States, Matthew Melone, George A. Nation Iii

Brigham Young University Journal of Public Law

No abstract provided.

Frontmatter

Brigham Young University Journal of Public Law

No abstract provided.

Eric Holder's Recent Curtailment Of Mandatory Minimum Sentencing, Its Implications, And Prospects For Effective Reform, Alan Dahl

Brigham Young University Journal of Public Law

No abstract provided.

Swearing By New Technology: Strengthening The Fourth Amendment By Utilizing Modern Warrant Technology While Satisfying The Oath Or Affirmation Clause, Andrew H. Bean

BYU Law Review

No abstract provided.

Table Of Contents

BYU Law Review

No abstract provided.

Asset Acceptance, Llc, Plaintiff/Appellee Vs. Edison Guimaraes, An Individual, Defendant/Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from final judgment of the Second Judicial District Court, Farmington Department, Davis County, State of Utah, the Honorable David Connors, presiding.

Originalism Talk: A Legal History, Mary Ziegler

BYU Law Review

Progressives have long recognized the tremendous political appeal of originalism. For many scholars, originalism appears to have succeeded because it achieves results consistent with conservative values but promises judicial neutrality to the public. By drawing on new historical research on anti-abortion constitutionalism, this Article argues for a radically different understanding of the originalist ascendancy. Contrary to what we often think, conservative social movements at times made significant sacrifices in joining an originalist coalition. These costs were built in to what this Article calls originalism talk—the use of arguments, terms, and objectives associated with conservative originalism.

Scholars have documented the costs …

The Folly Of Expecting Evil: Reconsidering The Bar’S Character And Fitness Requirement, Leslie C. Levin

BYU Law Review

No abstract provided.

The Original Understanding Of Constitutional Legitimacy, Ilan Wurman

BYU Law Review

This Article argues that three influential schools of originalism, which we might label libertarian, progressive, and conservative, adhere to particular understandings of constitutional legitimacy, which then inform their particular constitutional hermeneutics. The Article demonstrates that as originally understood by the Founders, however, constitutional legitimacy depended on all three conceptions advocated by these schools of thought—that is, the Constitution had to protect natural rights, it had to enable self-government, and it had to be ratified by popular sovereignty. Further, the Article gives considerable treatment—remarkably for the first time in the law review literature— to James Madison’s letter in response to Thomas …

Reviving The Civil Jury Trial: Implementing Short, Summary, And Expedited Trial Programs, Robert A. Patterson

BYU Law Review

No abstract provided.

Think Of The Children: How The Role Of Students In The Classroom Informs Future Applications Of Garcetti V. Ceballos In Academic Contexts, Aaron Worthen

BYU Law Review

No abstract provided.

State Of Utah, Plaintiff/Appellee, V. Levi Gene King, Defendant/Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the Minutes- Change of Plea-Sentence, Judgement, Commitment entered on January 18, 2013, in the Second District Court, Davis County, the Honorable Thomas L. Kay, presiding

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)

BRIEF OF APPELLANTS

Citizens For Responsible Charter Schools, Llc, A Utah Limited Liability Corporation, Plaintiff/Appellant V. Martell Menlove In His Official Capacity As Superintendent Of The Utah State Office Of Education And State School Board; And Jenefer Youngfield, In Her Official Capacity As School Construction And Facilities Safety Specialist Utah State Office Of Education, Defendants/Appellees, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

No abstract provided.

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)

This is an appeal from a ruling of the Hon. Charlene Barlow of the Third District Court Salt Lake County, State of Utah

Alta Wimmer For Herself, And For The Heirs Of Lori K. Wimmer, Deceased, Plaintiff/Appellant, Vs. Sunny Pandita, M.D. And David Scott Peterson, M.D., Defendants/Appellees, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from a Final Order of the Third Judicial District Court for Salt Lake County the Honorable Paul G. Maughan, District Court Judge, Presiding, District Court Case No. 050910577

Clark Memorandum: Fall 2014, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society

The Clark Memorandum

• In Praise of Thinking Like a Lawyer (James R. Rasband)
• Choices (Guido Calabresi)
• Be Not Afraid of Greatness (Allison Belnap)
• Marriage, Family Law, and the Temple (Elder Bruce C. Hafen)
• Lamentation (Arta Romney Ballif)

In Re: David Stout, Utah Valley Regional Medical Center, Petitioners/ Appellants, Vs. Wasatch Mental Heal Th, Respondents/ Appellee., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the Utah Department Qf Health, Division of Medicaid and Health Financing