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Delta Canal Company, Melville Irrigation Company, Abraham Irrigation Company, Deseret Irrigation Company, And Central Utah Water Company V. Frank Vincent Family Ranch : Amicus Brief, Utah Supreme Court Jan 2012

Delta Canal Company, Melville Irrigation Company, Abraham Irrigation Company, Deseret Irrigation Company, And Central Utah Water Company V. Frank Vincent Family Ranch : Amicus Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

APPEAL FROM THE FOURTH JUDICIAL DISTRICT COURT, MILLARD COUNTY, STATE OF UTAH TILE HONORABLE JUDGE DONALD EYRE, JR.


Delta Canal Company; Melville Irrigation Company; Abraham Irrigation Company; Deseret Irrigation Company; And Central Utah Water Company V. Frank Vincent Family Ranch Lc: Dmadc Reply Brief, Utah Supreme Court Jan 2012

Delta Canal Company; Melville Irrigation Company; Abraham Irrigation Company; Deseret Irrigation Company; And Central Utah Water Company V. Frank Vincent Family Ranch Lc: Dmadc Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

An appeal from a judgment of the Fourth District Court, Millard County The Honorable James Brady


The Fundamentalist Church Of Jesus Christ Of Latter-Day Saints V. Thomas C. Horne; Bruce R. Wisan; Mark Shurtleff; And Hon. Denise Posse Lindberg; Et Al. : Opposition Brief Of Appellants, Utah Supreme Court Jan 2012

The Fundamentalist Church Of Jesus Christ Of Latter-Day Saints V. Thomas C. Horne; Bruce R. Wisan; Mark Shurtleff; And Hon. Denise Posse Lindberg; Et Al. : Opposition Brief Of Appellants, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

On Certification from the United States Court of Appeals for the Tenth Circuit CaseNos. 11-4049, 11-4050, 11-4053, 11-4059, 11-4066, 11-4071, 11-4072 & 11-4076 OPPOSITION BRIEF OF APPELLANTS' SPECIAL FIDUCIARY WISAN AND HONORABLE DENISE POSSE LINDBERG


The Fundamentalist Church Of Jesus Christ Of Latter-Day Saints V. Thomas C. Horne; Bruce R. Wisan; Mark Shurtleff; And Hon. Denise Posse Lindberg; Et Al. : Reply Brief Of Appellee, Utah Supreme Court Jan 2012

The Fundamentalist Church Of Jesus Christ Of Latter-Day Saints V. Thomas C. Horne; Bruce R. Wisan; Mark Shurtleff; And Hon. Denise Posse Lindberg; Et Al. : Reply Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Review of Question of Law Certified by the United States Court of Appeals, Tenth Circuit


The Fundamentalist Church Of Jesus Christ Of Latter-Day Saints V. Thomas C. Horne; Bruce R. Wisan; Mark Shurtleff; And Hon. Denise Posse Lindberg; Et Al. : Reply Brief, Utah Supreme Court Jan 2012

The Fundamentalist Church Of Jesus Christ Of Latter-Day Saints V. Thomas C. Horne; Bruce R. Wisan; Mark Shurtleff; And Hon. Denise Posse Lindberg; Et Al. : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

No abstract provided.


The Fundamentalist Church Of Jesus Christ Of Latter-Day Saints V. Thomas C. Horne; Bruce R. Wisan; Mark Shurtleff; And Hon. Denise Posse Lindberg; Et Al. : Reply Brief, Utah Supreme Court Jan 2012

The Fundamentalist Church Of Jesus Christ Of Latter-Day Saints V. Thomas C. Horne; Bruce R. Wisan; Mark Shurtleff; And Hon. Denise Posse Lindberg; Et Al. : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

UTAH ATTORNEY GENERAL MARK L. SHURTLEFF'S REPLY BRIEF ON CERTIFIED QUESTION OF LAW FROM THE UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT


The Fundamentalist Church Of Jesus Christ Of Latter-Day Saints V. Thomas C. Horne; Bruce R. Wisan; Mark Shurtleff; And Hon. Denise Posse Lindberg; Et Al. : Brief Of Appellant, Utah Supreme Court Jan 2012

The Fundamentalist Church Of Jesus Christ Of Latter-Day Saints V. Thomas C. Horne; Bruce R. Wisan; Mark Shurtleff; And Hon. Denise Posse Lindberg; Et Al. : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

On Certification from the United States Court of Appeals for the Tenth Circuit Case Nos. 11-4049, 11-4050, 11-4053, 11-4059, 11-4066, 11-4071, 11-4072 & 11-4076 OPENING BRIEF OF APPELLANTS' SPECIAL FIDUCIARY WISAN AND HONORABLE DENISE POSSE LINDBERG


The Fundamentalist Church Of Jesus Christ Of Latter-Day Saints V. Thomas C. Horne; Bruce R. Wisan; Mark Shurtleff; And Hon. Denise Posse Lindberg, Et Al. : Opening Brief Of Appellee, Utah Supreme Court Jan 2012

The Fundamentalist Church Of Jesus Christ Of Latter-Day Saints V. Thomas C. Horne; Bruce R. Wisan; Mark Shurtleff; And Hon. Denise Posse Lindberg, Et Al. : Opening Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Review of Question of Law Certified by the United States Court of Appeals, Tenth Circuit


Garza V. Burnett : Brief Of Appellant, Utah Supreme Court Jan 2012

Garza V. Burnett : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

No abstract provided.


Edwin B. Parry And Express Recovery Services V. Luonda M. Davis : Unknown, Utah Supreme Court Jan 2012

Edwin B. Parry And Express Recovery Services V. Luonda M. Davis : Unknown, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

On appeal from the Third District Court of the < •; State of Utah, in County of Salt Lake a ON REVIEW FOR THE DISTRICT COURT OF APPEALS, THIRD DISTRICT CASE NOS. 20120284 and 110418042.


Mark L. Shurtleff V. Wisan : Unknown, Utah Supreme Court Jan 2012

Mark L. Shurtleff V. Wisan : Unknown, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

The State of Utah and Utah Attorney General mark L. Shurtleff's Opening Brief on Appeal of Fee Orders of the Third Judicial District Court, Judge Denise P. Lindberg, Presiding.


R. Scott Reynolds V. Jeffrey G. Bickel And Tanner L.C. : Reply Brief, Utah Supreme Court Jan 2012

R. Scott Reynolds V. Jeffrey G. Bickel And Tanner L.C. : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from a Final Order of the Third Judicial District Court, Salt Lake County, State of Utah Honorable Robert P. Faust


Delta Canal Company; Melville Irrigation Company; Abraham Irrigation Company; Deseret Irrigation Company; And Central Utah Water Company V. Frank Vincent Family Ranch Lc: Brief Of Appellee, Utah Supreme Court Jan 2012

Delta Canal Company; Melville Irrigation Company; Abraham Irrigation Company; Deseret Irrigation Company; And Central Utah Water Company V. Frank Vincent Family Ranch Lc: Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

APPEAL FROM THE FOURTH DISTRICT COURT, MILLARD COUNTY, STATE OF UTAH THE HONORABLE JAMES BRADY


Don S. Redd V. Virginia Hill : Brief Of Appellant, Utah Supreme Court Jan 2012

Don S. Redd V. Virginia Hill : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

BRIEF OF APPELLANT-DEFENDANT, VIRGINIA HILL


Delta Canal Company; Melville Irrigation Company; Abraham Irrigation Company; Deseret Irrigation Company; And Central Utah Water Company V. Frank Vincent Family Ranch Lc: Brief Of Appellants, Utah Supreme Court Jan 2012

Delta Canal Company; Melville Irrigation Company; Abraham Irrigation Company; Deseret Irrigation Company; And Central Utah Water Company V. Frank Vincent Family Ranch Lc: Brief Of Appellants, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

An appeal from a judgment of the Fourth District Court, Millard County The Honorable James Brady


Direct-To-Consumer Genetic Testing: Learning From The Past And Looking Toward The Future, Stephanie Bair Jan 2012

Direct-To-Consumer Genetic Testing: Learning From The Past And Looking Toward The Future, Stephanie Bair

Faculty Scholarship

A decade after the complete sequencing of the human genome, we have seen a proliferation of genetic testing services marketed directly to the consumer and purporting to use genetic information to generate individualized health information. These tests have been subject to only minimal regulation, despite the fact that scientists and policymakers have serious concerns about both the clinical effectiveness of the tests and the safety of releasing certain types of health information to the public without the supervision of a health care professional. Proponents of minimal regulation argue that the tests allow for patient autonomy and privacy of genetic information, …


When Agencies Go Nuclear: A Game Theoretic Approach To The Biggest Sticks In An Agency's Arsenal, Brigham Daniels Jan 2012

When Agencies Go Nuclear: A Game Theoretic Approach To The Biggest Sticks In An Agency's Arsenal, Brigham Daniels

Faculty Scholarship

A regulatory agency’s arsenal often contains multiple weapons. Occasionally, however, an agency has the power to completely obliterate its regulatory targets or to make major waves in society by using a “regulatory nuke.” A regulatory nuke is a tool with two primary characteristics. First, it packs power sufficient to profoundly impact individual regulatory targets or significantly affect important aspects of society or the economy. Second, from the perspective of the regulatory agency, it is politically unavailable in all but the most extreme situations. They are found in many corners of the federal bureaucracy. This Article illustrates that even when individual …


President Obama And The Changing Cyber Paradigm, Eric Talbot Jensen Dec 2011

President Obama And The Changing Cyber Paradigm, Eric Talbot Jensen

Faculty Scholarship

Among the most important issues for American National Security is the national response to the growing threat from cyber activities. This threat is both ubiquitous and potentially catastrophic as recently demonstrated by both the recent decision by the UK to prioritize cyber capabilities over putting in service an air-capable aircraft carrier and the targeted effectiveness of the STUXNET worm. The evolving cyber paradigm will force the United States to reevaluate the way in which it thinks of both national security and the concept of armed conflict. To combat this threat, President Obama must refocus America’s attention, by both reallocating the …


Frontmatter Dec 2011

Frontmatter

Brigham Young University International Law & Management Review

No abstract provided.


Dictionaries Fail: The Volcker Rule's Reliance On Definitions Renders It Ineffective And A New Solution Is Needed To Adequately Regulate Proprietary Trading, R. Rex Chatterjee Dec 2011

Dictionaries Fail: The Volcker Rule's Reliance On Definitions Renders It Ineffective And A New Solution Is Needed To Adequately Regulate Proprietary Trading, R. Rex Chatterjee

Brigham Young University International Law & Management Review

No abstract provided.


Akzo And The Debate On In-House Privilege In The European Union, Clinton R. Long Dec 2011

Akzo And The Debate On In-House Privilege In The European Union, Clinton R. Long

Brigham Young University International Law & Management Review

No abstract provided.


Coco Rising: Can The Emergence Of Novel Hybrid Securities Protect From Future Liquidity Crises?, Eric S. Halperin Dec 2011

Coco Rising: Can The Emergence Of Novel Hybrid Securities Protect From Future Liquidity Crises?, Eric S. Halperin

Brigham Young University International Law & Management Review

No abstract provided.


Sour Chocolate: The U.K. Takeover Panel's Improper Reaction To Kraft's Acquisition Of Cadbury, Michael R. Patrone Dec 2011

Sour Chocolate: The U.K. Takeover Panel's Improper Reaction To Kraft's Acquisition Of Cadbury, Michael R. Patrone

Brigham Young University International Law & Management Review

No abstract provided.


Addressing Global Climate Change In An Age Of Political Climate Change, Brigham Daniels Dec 2011

Addressing Global Climate Change In An Age Of Political Climate Change, Brigham Daniels

BYU Law Review

For a number of years, many within the environmental legal community have advocated an all-out attack strategy of forcing the United States to address climate change by bringing novel lawsuits under existing environmental laws. In 2007, with the seminal case of Massachusetts v. EPA, it appeared that those advocating this strategy had a winning game plan. That sense grew and solidified when the Obama Administration came to power. However, over the past several years, we have seen a countervailing movement embodied in a growing resentment towards EPA and climate change policy in general. This movement has mobilized into a powerful …


Environmental Crisis And The Paradox Of Organizing, Gregg P. Macey Dec 2011

Environmental Crisis And The Paradox Of Organizing, Gregg P. Macey

BYU Law Review

Public organizations, including those involved in contingency planning, have tremendous influence over the ultimate scale and scope of an environmental crisis. Yet our understanding of how organizational behavior can either rein in or exacerbate crises continues to lag behind advances in technology. This Article considers the role of public organizations in the blowout of the Macondo well in the Gulf of Mexico. Its theoretical lens is the “paradox of organizing,” a frame that I suggest should be applied to interorganizational responses to low-probability, high-consequence events. The struggle to differentiate tasks and subunits and then piece them together during moments of …


Smart Growth In Dumb Places: Sustainability, Disaster, And The Future Of The American City, Lisa Grow Sun Dec 2011

Smart Growth In Dumb Places: Sustainability, Disaster, And The Future Of The American City, Lisa Grow Sun

BYU Law Review

One of the many lessons of the recent earthquake and tsunami in Japan is that we cannot mitigate disaster risk through building codes and other structural solutions alone. Location is key to a community’s natural hazard vulnerability. Consequently, the most far-reaching and important question for disaster mitigation today is where we will channel the growth that will be needed to accommodate our expanding population. Yet, both environmental scholars and policymakers are promoting sustainability initiatives that will channel our country’s future growth into existing urban areas that are already extremely vulnerable to disaster. Indeed, many of these policies - and the …


Navigating The Intersection Of Environmental Law And Disaster Law, Daniel Farber Dec 2011

Navigating The Intersection Of Environmental Law And Disaster Law, Daniel Farber

BYU Law Review

In an environmental disaster, a disaster causes environmental harm, or an environmental change causes an acute risk to humans, or a combination of both takes place. Examples include the BP oil spill, the London killer fog of 1952, the 2003 European heat wave, and the 2011 Japanese tsunami. Climate change will intensify the connection between disaster issues and the environment. Given the interwoven nature of disasters and the environment, we should consider what environmental law and disaster law can learn from each other. Environmental law has the most to teach disaster law about risk management and prevention. Disaster law, in …


Reconstituting Land-Use Federalism To Address Transitory And Perpetual Disasters: The Bimodal Federalism Framework, Blake Hudson Dec 2011

Reconstituting Land-Use Federalism To Address Transitory And Perpetual Disasters: The Bimodal Federalism Framework, Blake Hudson

BYU Law Review

Scholars analyzing the intersection of federalism and disaster law and policy have primarily focused on the difficulties federalism poses for interjurisdictional coordination of disaster response. Though scholars have highlighted that rising disaster risks and costs are associated with “land-use planning that exacerbates, rather than mitigates, disaster risk,” a more holistic analysis of land-use-related disaster law and policy is needed. This Article provides a more comprehensive framework within which to analyze prospective mitigation or prevention of disaster risk and costs through a rebalancing—or reconstituting—of the respective roles of the federal and state governments in land-use planning. The federal government does not …


A Learning Collaboratory: Improving Federal Climate Change Adaptation Planning, Alejandro E. Camacho Dec 2011

A Learning Collaboratory: Improving Federal Climate Change Adaptation Planning, Alejandro E. Camacho

BYU Law Review

No abstract provided.


Legal Remedies For Deep Marine Oil Spills And Long-Term Ecological Resilience: A Match Made In Hell, Robin Kundis Craig Dec 2011

Legal Remedies For Deep Marine Oil Spills And Long-Term Ecological Resilience: A Match Made In Hell, Robin Kundis Craig

BYU Law Review

The Deepwater Horizon oil spill that lasted from April to September 2010 was not only the worst oil spill disaster in United States history, but also the first to occur at great depth. Drilling at great depth multiplies the risks and complications of offshore oil extraction. It also, as this Article explores, makes natural resource damages a decisively inadequate remedy for the injuries done to the Gulf of Mexico’s (the “Gulf”) ecosystems, especially the poorly understood but highly productive ecosystems that exist almost a mile below the surface. This Article argues that our current natural resource damages regimes for oil …