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Manuel Lopez, Petitioner/Appellant V. Orwell Precast; Workers,Respondents/Appellees : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal From Labor Commission - Appeals Board

Joshua Woodbury Daniel F. Bertch WORKERS COMPENSATION FUND Attorney for Respondents/Appellees

Daniel F. Bertch Caleb Bertch BERTCH ASSOCIATES Attorneys for Petitioner/Appellant

Thomas Williamson And Jennifer Williamson, Plaintiffs/Appellants, V. Nne Farrell, Dave Farrell, And Laura Black, Defendants/Appellees : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Reply Brief of Appellants

John R. Loftus Christine E. Ellice DLA PIPER LLP North Tower J. Mark Gibb Matthew J. Orme DENTONS DURHAM JONES PINEGAR P.C. Counsel for Appellees

ERIK A. OLSON CHRISTOPHER D. BALLARD MARSHALL OLSON & HULL, P.C. Counsel for Appellants

State Of Utah, Plaintiff/Petitioner V. Brevan Bringhurst Baugh, Defendant/Respondent. : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2021– )

On Writ of Certiorari to the Utah Court of Appeals

FREYJA JOHNSON, EMILY ADAMS, MELISSA JO TOWNSEND, Counsel for Respondent

WILLIAM M. HAINS, SEAN D. REYES, Counsel for Petitioner

State Of Utah, Plaintiff / Appellee V. Omellio Holsane Brown, Defendant / Appellant : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On Appeal from the Second Judicial District Court, Farmington, Utah, Case No. 191702339 FS, the Honorable Rita Cornish

Connor Nelson (#18064) Assistant Solicitor General Criminal Appeals Division Attorney General's Office Attorneys for Appellee State of Utah

Gregory W. Stevens (#7315) Attorney for Appellant Omellio Holsane Brown

Byu Journal Of Public Law Volume 37 Number 2

Brigham Young University Journal of Public Law

No abstract provided.

Political Fragmentation In The Democracies Of The West, Richard H. Pildes

Brigham Young University Journal of Public Law

The decline of effective government throughout most Western democracies poses one of the greatest challenges democracy currently confronts. The importance of effective government receives too little attention in democratic and legal theory, yet the inability to deliver effective government can lead citizens to alienation, distrust, and withdrawal from participation, and worse, to endorse authoritarian leaders who promise to cut through the dysfunctions of democratic governments.

A major reason for this decline in effective government is that democracies have become more politically fragmented. Political power has been dispersed among many more political parties, organized groups, and even more spontaneous, instantly mobilized …

Hospitals And Local Taxation: The Troubled Tale Of Property Tax, Matthew S. Johnson

Brigham Young University Journal of Public Law

The taxation of hospitals is plagued with subjectivity, which especially burdens nonprofit hospitals. Inconsistencies across localities further exacerbate the uncertainty encountered by nonprofit hospitals seeking local tax exemptions. While federal and state tax implications for nonprofit hospitals receive most of the attention from debaters and scholars, local property tax exemptions are also of significant value for nonprofit hospitals and have been largely overlooked. This Comment explores the policy arguments for and against nonprofit status for hospitals. It shows that while the federal government has chosen relatively bright-line rules for determining non-profit status, localities are far less predictable. This Comment contributes …

Byu Law 50th Anniversary, J. Reuben Clark Law School

The BYU Advocate (& Annual Reports)

"We are privileged to participate in this great venture. It is our duty to make it great. . . .

. . . [It] must attain a greatness that transcends religious lines and establishes itself in the eyes of legal educators, scholars, the judiciary, the legal profession, the business world, officials of local, state, and federal government, and citizens at large."

– Rex E. Lee (quoting and expanding on remarks by Dallin H. Oaks)

Frontmatter

Brigham Young University Journal of Public Law

No abstract provided.

Rulemaking By Ambush: How Prohibitions Against It Became Dead Letters, Arthur G. Sapper

Brigham Young University Journal of Public Law

No abstract provided.

Reclaiming Humphrey’S Executor: Expertise And Impartiality In The Ftc, Thomas Smith

Brigham Young University Journal of Public Law

The commissioners of the Federal Trade Commission (FTC) sit just beyond the president’s removal power, for now. The U.S. Supreme Court has all but overruled Humphrey’s Executor, which declared the constitutionality of the FTC’s statutory protections from at-will presidential removal. Recent rulings in Seila Law, Free Enterprise Fund, and Collins held that restrictions on the president’s removal of various government agency officials are unconstitutional. Despite these cases, the Court has not directly overruled Humphrey’s Executor, and in theory, its precedent still provides the FTC commissioners with protection from the president’s removal power. However, the modern FTC is easily distinguishable from …

Race, Ethnicity, And Fair Housing Enforcement: A Regional Analysis, Charles S. Bullock Iii, Charles M. Lamb, Eric M. Wilk

Brigham Young University Journal of Public Law

This article systematically compares how federal, state, and local civil rights agencies in the ten standard regions of the United States enforce fair housing law complaints filed by Blacks and Latinos. Specifically, it explores the extent to which regional outcomes at all three levels of government are decided favorably where, between 1989 and 2010, a racial or ethnic violation of the Fair Housing Act of 1968 or the Fair Housing Amendments Act of 1988 is alleged. The results reveal significant variations in outcomes between these groups across the country. Most importantly, the probability of an outcome favorable to the complainant …

On The Place Of Self-Defense In Public Life: A Hobbesian Critique Of The Supreme Court’S Second Amendment, Rafi Reznik

Brigham Young University Journal of Public Law

Contemporary Second Amendment law, which originated with the famous Heller decision (2008) and reached a new peak with Bruen (2022), relies on an implicit political theory. This article uncovers and critiques that theory. I argue that the Supreme Court’s Second Amendment jurisprudence positions interpersonal self-defense, and more generally individual response to crime, at the heart of the meaning of American citizenship. The paradigmatic citizen for whom state institutions should be designed is a self-defender, because, per the Court’s interpretive methodology, this is what the American people want. This line of cases thus attempts one of the most challenging feats of …

Updating The Berne Convention For The Internet Age: Un-Blurring The Line Between United States And Foreign Copyrighted Works, Ethan Schow

Brigham Young University Journal of Public Law

John Naughton, notable journalist and academic, has asserted that “[common sense] should also revolt at the idea that doctrines about copyright that were shaped in a pre-Internet age should apply to a post-Internet one.” And yet, in crucial aspects of international law, this is the situation in which the world finds itself today. The Berne Convention for the Protection of Literary and Artistic Works (the “Berne Convention” or the “Convention”) is one of the most important multinational agreements concerned with copyright law, but it has not been amended since September 28, 1979. Although the internet technically existed in an early …

State Of Utah, Plaintiff/Appellee V. Debra Kay Youren, Defendant/Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from a Judgment and Conviction for one count of Exploitation of a Vulnerable Adult, a Second Degree Felony, and one count of Theft, a Second Degree Felony, The Honorable Anthony Howell presiding in the Fourth Judicial Court, Juab County, State of Utah, Case No.191600058

SEAN REYES Utah Attorney General c/o Criminal Appeals Division Assistant Solicitor General Attorney for Appellee

ANN M. TALIAFERRO (#8776) BROWN BRADSHAW & MOFFAT Attorney for Appellant

State Of Utah, Plaintiff/Appellee, V. Omellio Holsane Brown, Defendant/Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from assault by a prisoner, a third-degree felony, in the Second Judicial District, Davis County, the Honorable Rita Cornish presiding

GREGORY W. STEVENS, Counsel for Appellant

CONNOR NELSON, SEAN D. REYES, Counsel for Appellee

Vicki Jo Nelson Appellee/ Petitioner V. James Q. Nelson Appellant/ Respondent : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from a decree of divorce in the Third Judicial District Court, Case No. 214905299, the Honorable Patrick Corum presiding

Vicky Jo Nelson, Pro Se

Douglas B. Thayer, David B. Nielson, Jessica Griffin Anderson, Attorneys for James Q. Nelson

Tiffany Bingham, Appellant V. George C. Gourley, D.O.. Mckay L. Platt, M.D., And Does I-X. Appellees. : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2021– )

On Appeal from the Fourth Judicial District Court, Utah County Case No. 200401253, Judges Darold McDade and Sean Petersen

Brian P. Miller, Andrew L. Roth, Benjamin K. Lusty, Cami R. Schiel, Attorneys for Appellee George C. Gourley, D.O., Kirk G. Gibbs, Attorneys for Appellee McKay L. Platt, M.D.

Stephen K. Christiansen, Kathleen M. Liuzzi, M. Kelton Gardner, Attorneys for Appellant Tiffany Bingham

Tiffany Bingham, Appellant V. George C> Gourley, Appellee : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2021– )

On Appeal from the Fourth Judicial District Court, Utah County Case No. 200401253, Judges Darold McDade and Sean Petersen

SNOW CHRISTENSEN & MARTINEAU Brian P. Miller (6933) Andrew L. Roth (16149) RENCHER ANJEWIERDEN Benjamin K. Lusty (12159) Cami R. Schiel (16941) Attorneys for Appellee George C. Gourley, D.O. KIPP AND CHRISTIAN, P.C. Kirk G. Gibbs (5955) Attorneys for Appellee McKay L. Platt, M.D.

CHRISTIANSEN LAW, PLLC Stephen K. Christiansen (6512) Kathleen M. Liuzzi (7924) M. Kelton Gardner (18383) Attorneys for Appellant Tiffany Bingham

State Of Utah, Plaintiff / Appellee, V. Richard Scott Mitton, Defendant / Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from denial of motion to dismiss, in the First Judicial District, Box Elder County, the Honorable Spencer Walsh presiding

WAYNE K. CALDWELL, WAYMAN M. STODART, Counsel for Appellant

CONNOR NELSON, SEAN D. REYES, BLAIR T. WARDLE, STEPHEN R. HADFIELD, Counsel for Appelleе

State Of Utah V. Bridgewaters : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

An appeal from a judgment of conviction of manslaughter, a second-degree felony; and tampering with a witness, a third-degree felony in the Third Judicial District Court, Salt Lake County, State of Utah, the Honorable Hogan, presiding. Appellant is incarcerated

SEAN D. REYES (7969) Utah Attorney General Attorney for Appellee

ROBERT T. DENNY (13687) Salt Lake Legal Defender Assoc. Attorney for Appellant

Darlene Rouse, Appellant/Petitioner V. Utah Labor Commission, Walmar, And/Or New Hampshire Insurance Company, Respondents / Appellees : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

AN APPEAL FROM THE LABOR COMMISSION OF UTAH

Jaceson Maughan, DAVID H. TOLK, Attorneys for Respondents

Loren M. Lambert, Attorney for Appellant

R4 Constructors, Llc, Plaintiff / Appellee, V. Inbalance Yoga Corporation, A Utah Corporation, And Jennifer Schnabel, An Individual, Defendants / Appellants : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from a Final Order of the Fourth Judicial District Court in and for Utah County, Provo Department, State of Utah. Trial Judge Christine Johnson.

ATTORNEYS FOR APPELLANTS, Justin D. Heideman, Justin R. Elswick

ATTORNEYS FOR APPELLEE, Cody W. Wilson, Andrew L. Berne

England Logistics, Inc., England Carrier Services, Llc, And C.R England, Inc., Plaintiffs / Appellees V. Kelle's Transport Service, Llc, Tim Zack, Chris Nielsen, Casey Brown, Caleb Kuhn, Ryan Butler, Austin Butler, Joseph Charlton, Jim Quinn, Cody Isaacson, Raun Singleton, And Marc Kramer, Defendants / Appellants : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

APPEAL FROM THE THIRD JUDICIAL DISTRICT COURT, SALT LAKE COUNTY, STATE OF UTАН THE HONORABLE MARK KOURIS, PRESIDING

Troy L. Booher, Catherine A. Olsen, Taylor P. Webb, Lincoln W. Hobbs, Attorneys for Appellants

Jeffery S. Williams, Walter A. Romney, Shannon K. Zollinger, Justin R. Olsen, Attorneys for Appellees

John Bleazard, Mark Bleazard, And Six Mile Ranch Company, Plaintiffs-Appellees, V. Deidre Henderson, Utah Lieutenant Governor, Defendant-Appellant : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2021– )

On appeal from the Third Judicial District Court, Tooele County Honorable Teresa Welch, District Court No. 220300134

Andrew Dymek, Scott D. Cheney, Sean D. Reyes, Attorney for Appellant

Robert E. Mansfield, Megan E. Garrett, Attorneys for Appellees

Skidmore, Deceased, Appellants/Plaintiffs V. Sandy Health & Rehab; Daffodil : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

ON APPEAL FROM THE THIRD JUDICIAL DISTRICT COURT SALT LAKE CITY, STATE OF UTAН The Honorable Amy Oliver Presiding

Alexander Dushka Justin Starr James Burton Austin Westerberg KIRTON McCONKIE Attorney for Appellees

Robert D. Strieper (10145) STRIEPER LAW FIRM Attorneys for Appellants

State Of Utah, Plaintiff/Appellee V. Lisa Yvonne Oreilly, Defendant/Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the Sixth Judicial District Court For Garfield County, Honorable Judge Mandy Larsen

NICOLAS C. WILDE, TREVOR J. LEE, Counsel for Appellant

BARRY HUNTINGTON, JERRY JAEGER, Counsel for Appellee

Timothy Skidmore And Cindy Gillman As Heirs And Personal Representatives Of Christina Skidmore, Plaintiffs/Appellants. V. Sandy Health & Rehab : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

ON APPEAL FROM THE THIRD JUDICIAL DISTRICT COURT SALT LAKE CITY, STATE OF UTAH

Alexander Dushka, Justin Starr, James Burton, Austin Westerberg, Attorney for Appellees

Robert D. Strieper, Attorneys for Appellants

State Of Utah, Appellee/Plaintiff V. Troy P. Fraughton, Appellant/Defendant. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from a conviction for driving under the influence of alcohol, a third-degree felony, in the Fourth Judicial District, Utah County, the Honorable Christine S. Johnson presiding

STACI VISSER, ANN MARIE TALIAFERRO, Counsel for Appellant

JONATHAN S. BAUER, SEAN D. REYES, RICHARD KENNERLEY, Counsel for Appellee

State Of Utah, Appellee/Plaintiff V. Troy P. Fraughton, Appellant/Defendant. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from a conviction for driving under the influence of alcohol, a third-degree felony, in the Fourth Judicial District, Utah County, the Honorable Christine S. Johnson presiding.

STACI VISSER, ANN MARIE TALIAFERRO, Counsel for Appellant

JONATHAN S. BAUER, SEAN D. REYES, RICHARD KENNERLEY, AMY POMEROY, Counsel for Appelleе