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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

Michael S. Robinson, Petitioner/Appellant Vs. Debra J. Robinson, Respondent/Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

This is an appeal from the Third District Court Salt Lake County, State of Utah

State Of Utah V. Tyson Post : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from sentence for attempted disarming of a police officer, a second degree felony, and interference with a peace officer, a class B misdemeanor, in the Seventh Judicial District, San Juan County, the Honorable Lyle R. Anderson presiding

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

Michael S. Robinson, Petitioner/Appellant Vs. Debra J. Robinson, Respondent/Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the Third District Court Salt Lake County, State of Utah

2014-2015 Byu Law Review Masthead

Masthead Archive

No abstract provided.

High Desert Estates, Llc, A Utah Limited Liability Company, And Brett Folkman, An Individual V. Patricia Arnett: An Individual, And Catherine Arnett: An Individual : Brief Of Appellants, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from Final judgment and Order of Judge Shumate of the Fifth Judicial District Court in and for Washington County, State of Utah.

Pentalon Construction, Inc. And Granite Construction Company V. Rymark Properties, Llc And Federal Deposit Insurance Corporation, Etc : Reply Brief Of Appellants Pentalon Construction, Inc. And Granite Construction Company, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

On appeal from the Second Judicial District Court, Weber County, Honorable Ernie W. Jones, District Court No. 090902634 and Consolidated Action Nos. 090906697 and 090907256

Michael S. Robinson, Petitioner/Appellant Vs. Debra J. Robinson, Respondent/Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

This is an appeal from the Third District Court Salt Lake County, State of Utah

Press Definition And The Religion Analogy, Ronnell Andersen Jones

Faculty Scholarship

n a Harvard Law Review Forum response to Professor Sonja West's symposium article, "Press Exceptionalism," Professor RonNell Andersen Jones critiques Professor West's effort to define "the press" for purposes of Press Clause exceptions and addresses the weaknesses of Professor West's analogy to Hosanna-Tabor Evangelical Lutheran Church & School v. EEOC in drawing these definitional lines. The response highlights distinctions between Press Clause and Religion Clause jurisprudence and urges a more functional approach to press definition.

Fiduciary Discretion, D. Gordon Smith, Jordan C. Lee

Faculty Scholarship

Discretion is an important feature of all contractual relationships. In this Article, we rely on incomplete contract theory to motivate our study of discretion, with particular attention to fiduciary relationships. We make two contributions to the substantial literature on fiduciary law. First, we describe the role of fiduciary law as “boundary enforcement,” and we urge courts to honor the appropriate exercise of discretion by fiduciaries, even when the beneficiary or the judge might perceive a preferable action after the fact. Second, we answer the question, how should a court define the boundaries of fiduciary discretion? We observe that courts often …

The Dangers Of Overbroad Transgender Legislation, Case Law, And Policy In Education: California's Ab 1266 Dismisses Concerns About Student Safety And Privacy, Tyler Brown

Brigham Young University Education and Law Journal

No abstract provided.

Executive Action In The Face Of Congressional Inaction: Education Waivers Circumventing The Legislative Process, Courtney K. Morgan

Brigham Young University Education and Law Journal

No abstract provided.

Frontmatter

Brigham Young University Education and Law Journal

No abstract provided.