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Articles 3931 - 3960 of 43868
Full-Text Articles in Entire DC Network
The Absurd Results Doctrine, Chevron, And Climate Change, D. Wiley Barker
The Absurd Results Doctrine, Chevron, And Climate Change, D. Wiley Barker
Brigham Young University Journal of Public Law
No abstract provided.
An "Objectively Reasonable" Criticism Of The Doctrine Of Qualified Immunity In Excessive Force Cases Brought Under 42 U.S.C. § 1983, Philip Sheng
Brigham Young University Journal of Public Law
No abstract provided.
Unwrapping Shrinkwraps, Clickwraps, And Browsewraps: How The Law Went Wrong From Horse Traders To The Law Of The Horse, Cheryl B. Preston, Eli W. Mccann
Unwrapping Shrinkwraps, Clickwraps, And Browsewraps: How The Law Went Wrong From Horse Traders To The Law Of The Horse, Cheryl B. Preston, Eli W. Mccann
Brigham Young University Journal of Public Law
This Article starts with the famous "horse trades" (typically between A and B and for 10£) from early discussions of contract law, and proceeds through Judge Burrough's enduring "unruly horse" and Karl Llewellyn's Across Sales on Horseback and The First Struggle to Unhorse Wares, to provide background for a critique of the recent judicial liberality in enforcing online contracts. We then focus on role of Judge Frank Easterbrook, who has personally insulted the place of the horse in law, and his infamous opinion in ProCD v. Zeidenberg. This case fueled the enforcement of clickwrap and browsewrap contracts by decaying assent …
Public Education And Student Privacy: Application Of The Fourth Amendment To Dormitories At Public Colleges And Universities, Bryan R. Lemons
Public Education And Student Privacy: Application Of The Fourth Amendment To Dormitories At Public Colleges And Universities, Bryan R. Lemons
Brigham Young University Education and Law Journal
No abstract provided.
Mill, Holmes, Brandeis And A True Threat To Brandenburg, Mark Strasser
Mill, Holmes, Brandeis And A True Threat To Brandenburg, Mark Strasser
Brigham Young University Journal of Public Law
No abstract provided.
Gifts Of The Heart… And Other Tissues: Legalizing The Sale Of Human Organs And Tissues, J. Randall Boyer
Gifts Of The Heart… And Other Tissues: Legalizing The Sale Of Human Organs And Tissues, J. Randall Boyer
BYU Law Review
No abstract provided.
Surrogate Taxation And The Second-Best Answer To The In-Kind Benefit Valuation Riddle, Jay A. Soled
Surrogate Taxation And The Second-Best Answer To The In-Kind Benefit Valuation Riddle, Jay A. Soled
BYU Law Review
For well over a century, theorists have debated how the receipt of inkind benefits, such as meals and lodging furnished for the convenience of an employer and business entertainment opportunities, should be taxed. While debate participants have generally agreed that the receipt of such in-kind benefits constitutes income, the question has remained about whether to value such benefits at fair market value or at the recipient’s subjective value or to use some other metric. Because of administrative considerations in determining the tax base, the Internal Revenue Code (Code) historically used a binary approach: either include the in-kind benefit at its …
(Un)Reasonable Expectation Of Digital Privacy, Brandon T. Crowther
(Un)Reasonable Expectation Of Digital Privacy, Brandon T. Crowther
BYU Law Review
No abstract provided.
Procedural Due Process And Predictable Punitive Damage Awards, Jill Wieber Lens
Procedural Due Process And Predictable Punitive Damage Awards, Jill Wieber Lens
BYU Law Review
In Exxon Shipping Co. v. Baker, the Supreme Court’s most recent opinion on punitive damage awards, the Court declared that the real problem with punitive damage awards is their “stark unpredictability.” The Court abandoned all hope that common law jury instructions could produce predictable punitive damage awards. Instead, the Court suggested pegging punitive damage awards to compensatory damage awards. So far, analysis of the opinion has been minimal, likely due to the purported maritime law basis of the holding. Exxon should not be overlooked, however, as it signals a resurgence of procedural due process as a basis for challenging punitive …
Mutiny By The Bounties? The Attempt To Reform Wall Street By The New Whistleblower Provisions Of The Dodd-Frank Act, Geoffrey Christopher Rapp
Mutiny By The Bounties? The Attempt To Reform Wall Street By The New Whistleblower Provisions Of The Dodd-Frank Act, Geoffrey Christopher Rapp
BYU Law Review
No abstract provided.
Marriage, Fundamental Premises, And The California, Connecticut, And Iowa Supreme Courts, Monte Neil Stewart, Jacob D. Briggs, Julie Slater
Marriage, Fundamental Premises, And The California, Connecticut, And Iowa Supreme Courts, Monte Neil Stewart, Jacob D. Briggs, Julie Slater
BYU Law Review
The highest courts in California, Connecticut, and Iowa recently held that the constitutional norm of equality requires the redefinition of marriage from “the union of a man and a woman” to “the union of any two persons.” The argument leading to that holding, like all arguments, proceeds from premises that the argument does not prove but that serve as the starting point for reasoning. Those premises range from the nature of contemporary American marriage to the equivalence of the pre- and post-redefinition marriage institutions, to the social costs, if any, resulting from redefinition, and to marriage’s relationship with other social …
“Can They Do That?”: Why Religious Parents And Communities May Fear The Future Regarding State Interests And Custodial Law, Keith W. Barlow
“Can They Do That?”: Why Religious Parents And Communities May Fear The Future Regarding State Interests And Custodial Law, Keith W. Barlow
BYU Law Review
No abstract provided.
Transnational Armed Conflict: A “Principled” Approach To The Regulation Of Counter-Terror Combat Operations, Geoffery S. Corn, Eric Talbot Jensen
Transnational Armed Conflict: A “Principled” Approach To The Regulation Of Counter-Terror Combat Operations, Geoffery S. Corn, Eric Talbot Jensen
Faculty Scholarship
Transnational armed conflicts have become a reality. The increasing sophistication of terrorist organizations, their increasingly transnational nature, and their development of military strike capabilities, push and will continue to push States to resort to combat power as a means to defend against this threat. Relying on the factual fiction that the acts of such terrorists must be attributable to the States from which they launch their operations, or on the legal fiction that the use of military combat power to respond to such threats is in reality just extraterritorial law enforcement, fails to acknowledge the essential nature of such operations. …
Brett Perez V. South Jordan City : Brief Of Petitioner, Utah Court Of Appeals
Brett Perez V. South Jordan City : Brief Of Petitioner, Utah Court Of Appeals
Utah Court of Appeals Briefs (2007– 2019)
APPEAL FROM A DECISION OF THE UTAH COURT OF APPEALS ENTITLED Perez v. South Jordan City, Case No. 20100545, DATED DECEMBER 15, 2011
Douglas Bates V. Utah Association Of Realtors; Christopher Kyler; Charles Smalley; Salt Lake Board Of Realtors; Northern Wasatch Association Of Realtors; Wasatch Front Regional Mls; Bryan R. Kohler; Michael J. Ostermiller; Jillinda Bowers; Brady Long Dba Equity Real Estate; Thomas Johnson; Randall Wall; Sandra Hoover; And Does 1-60 Inclusive : Reply Brief Of Appellant, Utah Court Of Appeals
Utah Court of Appeals Briefs (2007– 2019)
Reply Brief of Appellant
Christopher Carlton, Petitioner/ Appellant, Shalanda Brown, And The Adoption Center Of Choice, Inc., Respondents/ Appellees : Brief Of Appellee The Adoption Center Of Choice, Inc.
Utah Supreme Court Briefs (1965 –)
Appeal from a Final Order of the Fourth Judicial District Court, The Honorable Steven L. Hansen
Utah V. David W. Ward : Brief Of Appellant, Utah Court Of Appeals
Utah V. David W. Ward : Brief Of Appellant, Utah Court Of Appeals
Utah Court of Appeals Briefs (2007– 2019)
On Appeal from the Fourth District Court, Wasatch County, State of Utah The Honorable Judge Derek P. Pullan
Steven R. Kemp V. Wells Fargo Bank, N.A., Hsbc Bank Usa, National Association As Trustee For The Benefit Of The Certificateholders Of The Wells Fargo Mortgage Backed Securities 2007-8 Trust, Wells Fargo Bank, N.A., And John Does Of Unknown Number : Brief Of Appellant, Utah Court Of Appeals
Utah Court of Appeals Briefs (2007– 2019)
Nature of the Proceeding: Appeal Trial Court and Judge: Appeal from the Second District Court, Davis County, Case No. 110703609, Judge John R. Morris.
Kevin E. Kendall V. Discover Bank : Reply Brief Of Appellant, Utah Court Of Appeals
Kevin E. Kendall V. Discover Bank : Reply Brief Of Appellant, Utah Court Of Appeals
Utah Court of Appeals Briefs (2007– 2019)
This is an appeal from a summary judgment order, entered May 9, 2012, from the Second Judicial District Court, Farmington Department
Utah V. M.B. : Unknown, Utah Court Of Appeals
Utah V. M.B. : Unknown, Utah Court Of Appeals
Utah Court of Appeals Briefs (2007– 2019)
No abstract provided.
Peak Alarm Company V. Salt Lake City Corp : Brief Of Appellee, Utah Court Of Appeals
Peak Alarm Company V. Salt Lake City Corp : Brief Of Appellee, Utah Court Of Appeals
Utah Court of Appeals Briefs (2007– 2019)
BRIEF OF APPELLEES PEAK ALARM COMPANY, INC., JERRY D. HOWE and MICHAEL JEFFREY HOWE APPEAL FROM THIRD JUDICIAL DISTRICT COURT IN AND FOR SALT LAKE COUNTY, STATE OF UTAH HONORABLE L. R. DEVER PRESIDING
State Of Utah V. M.B. : Brief Of Appellee, Utah Court Of Appeals
State Of Utah V. M.B. : Brief Of Appellee, Utah Court Of Appeals
Utah Court of Appeals Briefs (2007– 2019)
APPEAL FROM FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER TERMINATING PARENTAL RIGHTS ENTERED ON DECEMBER 28, 2011 IN THIRD DISTRICT JUVENILE COURT, SALT LAKE COUNTY THE HONORABLE FREDERIC ODDONE, PRESIDING.
Douglas Bates V. Utah Association Of Realtors; Christopher Kyler; Charles Smalley; Salt Lake Board Of Realtors; Northern Wasatch Association Of Realtors; Wasatch Front Regional Mls; Bryan R. Kohler; Michael J. Ostermiller; Jillinda Bowers; Brady Long Dba Equity Real Estate; Thomas Johnson; Randall Wall; Sandra Hoover; And Does 1-60 Inclusive : Reply Brief Of Appellees Utah Association Of Realtors And Christopher Kyler., Utah Court Of Appeals
Utah Court of Appeals Briefs (2007– 2019)
Appeal from the Third Judicial District Court. Salt Lake County, Utah. The Honorable John Paul Kennedy, District Court Judge
Douglas Bates V. Utah Association Of Realtors; Christopher Kyler; Charles Smalley; Salt Lake Board Of Realtors; Northern Wasatch Association Of Realtors; Wasatch Front Regional Mls; Bryan R. Kohler; Michael J. Ostermiller; Jillinda Bowers; Brady Long Dba Equity Real Estate; Thomas Johnson; Randall Wall; Sandra Hoover; And Does 1-60 Inclusive : Brief Of Defendants/ Appellees Equity Real Estate, Brady Long And Randall Wall., Utah Court Of Appeals
Utah Court of Appeals Briefs (2007– 2019)
Appeal from the Final Order of Dismissal of the Third Judicial District Court of Salt Lake County, State of Utah, Dated December 29, 2011, Honorable John Paul Kennedy
Steven R. Kemp V. Wells Fargo Bank, N.A., Hsbc Bank Usa, National Association As Trustee For The Benefit Of The Certificateholders Of The Wells Fargo Mortgage Backed Securities 2007-8 Trust, Wells Fargo Bank, N.A., And John Does Of Unknown Number : Reply Brief Of Appellant, Utah Court Of Appeals
Utah Court of Appeals Briefs (2007– 2019)
Nature of the Proceeding: Appeal Trial Court and Judge: Appeal from the Second District Court, Davis County, Case No. 110703609, Judge John R. Morris.
Steven R. Kemp V. Wells Fargo Bank, N.A., Hsbc Bank Usa, National Association As Trustee For The Benefit Of The Certificateholders Of The Wells Fargo Mortgage Backed Securities 2007-8 Trust, Wells Fargo Bank, N.A., And John Does Of Unknown Number: Brief Of Appellees, Utah Court Of Appeals
Utah Court of Appeals Briefs (2007– 2019)
Appeal from Dismissal With Prejudice by Second District Court, Davis County, Case No. 110703609, Judge John R. Morris
Douglas Bates V. Utah Association Of Realtors; Christopher Kyler; Charles Smalley; Salt Lake Board Of Realtors; Northern Wasatch Association Of Realtors; Wasatch Front Regional Mls; Bryan R. Kohler; Michael J. Ostermiller; Jillinda Bowers; Brady Long Dba Equity Real Estate; Thomas Johnson; Randall Wall; Sandra Hoover; And Does 1-60 Inclusive : Brief Of Defendants/ Appellees Wasatch Front Regional Mls, 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, State of Utah, the Honorable John Paul Kennedy Presiding
State Of Utah V. Irene Garcia : Brief Of Appellant, Utah Court Of Appeals
State Of Utah V. Irene Garcia : Brief Of Appellant, Utah Court Of Appeals
Utah Court of Appeals Briefs (2007– 2019)
Appellant Irene Garcia appeals from a Sentence, Judgment, Commitment for a conviction of Distribution of or Arranging to Distribute a Controlled Substance, a first degree felony, in violation of Utah Code Ann. § 58-37-8(l)(a)(ii) (2007); in the Third Judicial District, in and for Salt Lake County, State of Utah, the Honorable Vernice Trease, presiding.