Digital Commons Network^™

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 Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Third Judicial District Court, Salt Lake County, Honorable Mark Kouris, District Court No. 180909680

Jeffery S. Williams, NELSON CHRISTENSEN, Walter A. Romney, Jr., Justin R. Olsen, Attorneys for Appellees

Troy L. Booher, Caroline A. Olsen, Taylor P. Webb, Lincoln W. Hobbs, Attorney for Appellants

Julie Kinsey, Petitioner/Appellee V. Glen D. Kinsey, Respondent/Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On Appeal from the Third Judicial District Court, Salt Lake County, Utah, before the Honorable Judge Dianna Gibson, District Court Judge Case No. 20-4907035 DA

K. Bradley Carr (14428) CARR WOODALL Attorney for Respondent/Appellant Glen D. Kinsey

Cory R. Wall (4937) WALL & WALL, apc Attorney for Petitioner/Appellee Julie Kinsey

Molly J. Mulligan And John P. Mulligan, Appellants V. Alum Rock Riverside, Llc, Appellee., Utah Supreme Court

Utah Supreme Court Briefs (2021– )

Appeal from The Third District Court In and For Salt Lake County, State of Utah, Case No. 206927043 The Honorable Adam T. Mow, Presiding

Benjamin D. Johnson, KC Hooker, Attorneys for Appellee

Bradley L. Tilt, Felicia B. Canfield, Attorney for Appellants

Molly J. Mulligan And John P. Mulligan, Appellants V. Alum Rock Riverside, Llc, Appellee. : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2021– )

Appeal from The Third District Court In and For Salt Lake County, State of Utah, Case No. 206927043 The Honorable Adam T. Mow, Presiding

Benjamin D. Johnson, KC Hooker, Attorneys for Appellee

Bradley L. Tilt, Felicia B. Canfield, Attorney for Appellants

State Of Utah, Plaintiff / Appellee, V. Neal Krasnick, Defendant / Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On Appeal from the Third Judicial District Court, Summit County, Utah, Case No. 211500102 FS the Honorable Richard Mrazik

Andrew Peterson, Attorneys for Appellee State of Utah

Gregory W. Stevens, Attorney for Appellant Neal Krasnick

John Dinsdale Hillam, Appellee V. Tara Hillam, Appellant., V. Dustin Hancock As Investment Trustee, Et Al : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Second Judicial District Court, Honorable David J. Williams, District Court No. 174700031

Bart Johnsen, Alan S. Mouritsen, Attorneys for Appellant Tara Hillam

Julie J. Nelson, Attorney for Appellee John Dinsdale Hillam, Joshua L. Lee, Attorney for Appellee/Trustee Dustin Hancock

S86, Llc, A Utah Limited Liability Company, Plaintiff/Appellant V. Wing Enterprises, Incorporated, A Utah Corporation; Arthur Wing, An Individual, Defendants / Appellees : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

ON APPEAL FROM THE FOURTH JUDICIAL DISTRICT COURT THE HONORABLE DEREK P. PULLAN

Mark O. Morris, Cameron J. Cutler, Attorneys for Defendants/Appellees

Jefferson W. Gross, S. Ian Hiatt, J. Adam Sorenson, Attorneys for Plaintiff/Appellant

Hs Cornerstone Inc., Appellee, V. Matthew Oscarson And Jennifer Oscarson, Appellants : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Third Judicial District Court, Salt Lake County, Honorable Robert Faust, District Court No. 210900350

Robert F. Babcock, Andrew L. Berne, Attorneys for Appellee HS Cornerstone, Inc

Troy L. Booher, Taylor P. Webb, Attorneys for Appellants Matthew Oscarson and Jennifer Oscarson

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

Utah Court of Appeals Briefs (2020 –)

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

JAMES BURTON AUSTIN WESTERBERG KIRTON McCONKIE Christian W. Nelson Cortney Kochevar NELSEN/NAEGLE

ROBERT D. STRIEPER (10145) STRIEPER LAW FIRM

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

Utah Court of Appeals Briefs (2020 –)

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

JAMES BURTON, AUSTIN WESTERBERG, KIRTON McCONKIE, Christian W. Nelson, Cortney Kochevar

ROBERT D. STRIEPER

John Dinsdale Hillam, Appellee V. Tara Hillam, Appellant., V. Dustin Hancock As Investment Trustee, Et Al : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the Second Judicial District Court of Davis County The Honorable David J. Williams, Case No. 174700031

Bart J. Johnsen, Alan S. Mouritsen, Attorneys for Appellant Tara Hillam, Julie J. Nelson, Attorneys for Appellee John Hillam

Joshua L. Lee, Attorneys for Appellee Dustin Hancock

Erda Community Association, Inc,; Ryan Sorensen; Kalem Sessions; And Denise Moddy-Martin, Appellants, V. Grantsville City Appellee. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Third Judicial Court, Tooele County, State of Utah Honorable Teresa Welch, District Court No. 200301207

Janet M. Conway, Attorney for Appellants

Robert C. Keller, Dani N. Cepernich, Nathanael J. Mitchell, Brett M. Coombs, Attorneys for Appellees

Lois Smith Plaintiff / Appellee, V. Volkswagen Southtowne, Inc., Defendant / Appellant. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the Third Judicial District Court, Salt Lake County, Utah Honorable Barry G. Lawrence, Presiding

Michael A. Worel, Colin King, Attorneys for Appellee

Rodney R. Parker, Nathanael J. Mitchell, Attorneys for Appellant

Erda Community Association, Inc. Ryan Sorensen; Kalem Sessions; And Denise Moody-Martin. Appellants V. Grantsville City, Appellee. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Third Judicial Court, Tooele County, State of Utah Honorable Teresa Welch, District Court No. 200301207

Janet M. Conway, Attorney for Appellants

Robert C. Keller, Dani N. Cepernich, Nathanael J. Mitchell, Brett M. Coombs, Attorneys for Appellees

Rebuilding Grid Governance, Joel B. Eisen, Heather E. Payne

BYU Law Review

As climate change sharpens the focus on our electricity systems, there is widespread agreement that the institutions that govern our electric grid must change to realize a clean energy future in the timescale necessary. Scholars are actively debating how grid governance needs to change, but in this Article we demonstrate that current proposals are insufficient because they do not contemplate “rebuilding.” This Article defines “rebuilding” as ending entities tasked with grid governance and creating new ones to take their place. We propose what no one else has: an overarching framework for rebuilding any grid governance institutions.

This Article discusses when …

Regulating Strategic Sovereign Wealth, Paul Rose

BYU Law Review

In an era of ascendant globalization, sovereign wealth funds were used by governments around the world – and, in particular, by governments with massive natural resource wealth or balance-of-trade surpluses – to invest widely in foreign markets. Sovereign wealth funds were products of the international economic order then in existence, adapted to a political and economic environment in which borders could be easily crossed and foreign assets seemed abundant and easily acquired. After the Financial Crisis, and with the increasing nationalization seen in the 2010s, this environment began to change. Both domestic and international forces spurred the development of new, …

Brigham City Corporation, Third-Party Defendant / Appellant, V. Paul B. Bywater, Third-Party Plaintiff / Appellee : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Jack Molgard, Malone Molgard, Kenneth Alsop, Attorneys for Paul Bywater, Matthew D. Church, Taylor P. Kordsiemon, Carson M. Fuller, Attorneys for Brigham City Corporation

Brad C. Smith, Elizabeth A. Knudson, Stevenson Smith Hood Knudson, Attorney for Dan and Gracia Taylor, Stephen Stoker, Attorney for Defendant Golden Spike RV Park/Appellees

Brigham City Corporation, Third-Party Defendant / Appellant, V. Paul B. Bywater, Third-Party Plaintiff / Appellee : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

appeal from the First Judicial District Court in and for Box Elder County, Honorable Brandon Maynard, District Court No. 170100040

Matthew D. Church, Taylor P. Kordsiemon, Carson M. Fuller, Attorneys for Appellant Brigham City Corporation

Jack H. Mogard, Malone H. Molgard, Kenneth Allsop, Attorneys for Appellee Paul B. Bywater

2023 Byu Law Review Masthead

BYU Law Review

No abstract provided.

Byu Law School Faculty Listing

BYU Law Review

No abstract provided.

Byu Law Review Subscription Information

BYU Law Review

No abstract provided.

Table Of Contents

BYU Law Review

No abstract provided.

The Tesla Meets The Fourth Amendment, Adam M. Gershowitz

BYU Law Review

Can police search a smart car’s computer without a warrant? Although the Supreme Court banned warrantless searches of cell phones incident to arrest in Riley v. California, the Court left the door open for warrantless searches under other exceptions to the warrant requirement. This is the first article to argue that the Fourth Amendment’s automobile exception currently permits the police to warrantlessly dig into a vehicle’s computer system and extract vast amounts of cell phone data. Just as the police can rip open seats or slash tires to search for drugs under the automobile exception, the police can warrantlessly extract …

Contracting As A Class, Caleb N. Griffin

BYU Law Review

Contract law is stuck in a loop of path dependency and stale precedent. Its metaphors, like “the meeting of the minds,” are today laughably implausible. Its values, like “consent,” have been stripped of any real meaning. No one reads or understands the overwhelming majority of contracts to which they agree. And no one should. Reading them is meaningless, because it simply does not matter what they say. Individuals must agree to them – indeed, are effectively forced to agree to them – if they wish to participate in the modern world.

Modern digital contracting is not a collaborative process. Today, …

Private Sanctions, Public Harm?, Jon J. Lee

BYU Law Review

The legal profession has a secret. In response to widespread public distrust in the profession’s ability to regulate itself, disciplinary authorities have undertaken modest efforts over the last several decades to make their activities more transparent. They have opened up their formal proceedings, publicized the identities of sanctioned attorneys, and shared information about their work online. But at the same time, most have quietly continued to resolve cases of ostensibly “minor” and “isolated” misconduct through private sanctions, keeping the identities of disciplined attorneys – and their misconduct – hidden from view.

This Article takes a comprehensive look at private sanctions …

Undue Mental Hardship: A Case For Standardized Treatment Of Mental Health Issues In Student Loan Discharge Proceedings, Abigail Stone

BYU Law Review

No abstract provided.

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

Utah Supreme Court Briefs (2021– )

On Writ of Certiorari to the Utah Court of Appeals

EMILY ADAMS, FREYJA JOHNSON, Counsel for Respondent

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

The State Of Utah, Plaintiff/Appellee V. Taniela Salakielu, Defendant/Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from order denying motion to quash bindover, in the Third Judicial District, Salt Lake County, the Honorable Mark Kouris presiding

SARAH J. CARLQUIST, Counsel for Appellant

CONNOR NELSON, SEAN D. REYES, JAMES M. WATABE, Counsel for Appelleе

Clark Memorandum: Spring 2023, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society

The Clark Memorandum

• Fidei Defensor: Defending Faith to Enable Communities of Reconciliation
• Conscience, Peacebuilding, and Faith-Based Law Schools
• Elvis Was Right: The Unavoidable Intersection Between Personal Values and a Fulfilling Practice of Law
• The Future of the Establishment Clause: Implications of Kennedy v. Bremerton School District

Aaron L. Sampson, Plaintiff / Appellant V. Hb Boys, Llc, Defendant / Appellee : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On Appeal from the Third Judicial District Court, Salt Lake County, Utah, Case No. 210900310 CR, the Honorable Robert Faust

Robert L. Janicki, Michael L. Ford, Attorneys for Defendant / Appellee HB Boys LC

Gregory W. Stevens, Attorney for Plaintiff / Appellant Aaron L. Sampson