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Donald Rawlings And Jeanette Rawlings V. Arnold Dwayne Rawlings And Paulette Rawlings : Brief Of Petitioner, Utah Supreme Court Jan 2009

Donald Rawlings And Jeanette Rawlings V. Arnold Dwayne Rawlings And Paulette Rawlings : Brief Of Petitioner, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

BRIEF OF PETITIONERS AND APPELLANTS On Writ of Certiorari from Decision of the Utah Court of Appeals


Summit Water Distribution Company V. Utah State Tax Commission, County Board Of Equilization Of Summit County, State Of Utah : Brief Of Appellant, Utah Supreme Court Jan 2009

Summit Water Distribution Company V. Utah State Tax Commission, County Board Of Equilization Of Summit County, State Of Utah : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

OPENING BRIEF OF APPELLANTS UTAH STATE TAX COMMISSION AND SUMMIT COUNTY An Appeal from the Second District Court, Davis County, Judge John R. Morris


Law(Makers) Of The Land: The Doctrine Of Treaty Non-Self-Execution, David H. Moore Jan 2009

Law(Makers) Of The Land: The Doctrine Of Treaty Non-Self-Execution, David H. Moore

Faculty Scholarship

No abstract provided.


Medellin, The Alien Tort Statute, And The Domestic Status Of International Law, David H. Moore Jan 2009

Medellin, The Alien Tort Statute, And The Domestic Status Of International Law, David H. Moore

Faculty Scholarship

No abstract provided.


Balancing The Pleading Equation, Paul Stancil Jan 2009

Balancing The Pleading Equation, Paul Stancil

Faculty Scholarship

Pleading standards present a tale of two asymmetries. The first is informational: Plaintiffs don't know as much as defendants about defendants' alleged wrongful behavior. Given that, a liberal pleading standard may be sensible; overly demanding pleading standards may ultimately deny justice to worthy plaintiffs who cannot know critical details of their claims before filing.

But informational asymmetry is sometimes counterbalanced by a competing cost asymmetry. In certain circumstances, the cost of litigation is radically different for plaintiffs and defendants. The primary driver of this disparity is liberal discovery; in certain kinds of cases - consumer antitrust cases, for example: defendants' …


An Originalist Defense Of Substantive Due Process: Magna Carta, Higher-Law Constitutionalism, And The Fifth Amendment, Frederick Mark Gedicks Jan 2009

An Originalist Defense Of Substantive Due Process: Magna Carta, Higher-Law Constitutionalism, And The Fifth Amendment, Frederick Mark Gedicks

Faculty Scholarship

A longstanding scholarly consensus holds that the Due Process Clause of the FifthAmendment protects only rights to legal process. Both this consensus and the occasional challenges to it have generally overlooked the interpretive significance of the classical natural law tradition that made substantive due process textually coherent, andthe emergence of public-meaning originalism as the dominant approach to constitutional interpretation. This Article fills those gaps.

One widely shared understanding of the Due Process Clause in the late eighteenth century encompassed judicial recognition of unenumerated substantive rights as a limit on congressional power. This concept of substantive due process originated in Sir …


Media Subpoenas: Impact, Perception, And Legal Protection In The Changing World Of American Journalism, Ronnell Andersen Jones Jan 2009

Media Subpoenas: Impact, Perception, And Legal Protection In The Changing World Of American Journalism, Ronnell Andersen Jones

Faculty Scholarship

Forty years ago, at a time when the media were experiencing enormous professional change and a surge of subpoena activity, First Amendment scholar Vincent Blasi investigated the perceptions of members of the press and the impact of subpoenas within American newsrooms in a study that quickly came to be regarded as a watershed in media law. That empirical information is now a full generation old, and American journalism faces a new critical moment. The traditional press once again finds itself facing a surge of subpoenas and once again finds itself at a time of intense change—albeit on a different trajectory—as …


Highlands At Jordanelle V. Bv Jordanelle : Brief Of Appellee, Utah Supreme Court Jan 2009

Highlands At Jordanelle V. Bv Jordanelle : Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from a Final Order of the Fourth Judicial District Court for Wasatch County, Judge Derek P. PuUan Presiding Civil No. 080500561


State Of Utah V. Chanzy Walker : Reply Brief Of Appellant, Utah Supreme Court Jan 2009

State Of Utah V. Chanzy Walker : Reply Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from a judgment of conviction for operating a vehicle in a negligent manner and causing the death of or serious injury to another while having a measurable amount of controlled substance in defendant's body, a second degree felony under Utah Code Ann. § 58-37-8(2)(g) (2007); and illegal possession or use of a controlled substance, a third degree felony under Utah Code Ann. § 58-37-8(2)(a)(i) (2007), entered in the Third Judicial District Court, in and for Salt Lake County, the Honorable Deno Himonas, Presiding.


Camco Construction, Inc. V. Utah Baseball Academy, Inc. : Reply Brief, Utah Supreme Court Jan 2009

Camco Construction, Inc. V. Utah Baseball Academy, Inc. : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

APPELLANTS ATHLETIC PERFORMANCE INSTITUTE, LLC, UTAH BASEBALL ACADEMY, INC., AND ROBERT KEYES' REPLY BRIEF ON APPEAL


State Of Utah V. Gareth Bozung : Reply Brief Of Appellant, Utah Supreme Court Jan 2009

State Of Utah V. Gareth Bozung : Reply Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

No abstract provided.


Rob And Sherri Bahr, Individuals, And Ione Senn, An Individual, V. Jim And Melodee Imus : Brief Of Appellee, Utah Supreme Court Jan 2009

Rob And Sherri Bahr, Individuals, And Ione Senn, An Individual, V. Jim And Melodee Imus : Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

APPEAL FROM THE UTAH COURT OF APPEALS Honorable Pamela T. Greenwood, William A. Thorne, and Carolyn B. McHugh (affirming grant of summary judgment in the Memorandum Decision of the Honorable Paul G. Maughan, dated September 11,2007)


The State Of Utah V. Spencer Russel Strode : Brief Of Appellant, Utah Court Of Appeals Jan 2009

The State Of Utah V. Spencer Russel Strode : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the Eighth District Court, Uintah County, Judge A. Lynn Payne


State Of Utah V. Mauricio Sosa : Brief Of Appellant, Utah Court Of Appeals Jan 2009

State Of Utah V. Mauricio Sosa : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

No abstract provided.


Morgan V. Ihc : Brief Of Appellee, Utah Court Of Appeals Jan 2009

Morgan V. Ihc : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

No abstract provided.


Midge Morgan V. Intermountain Health Care Inc. : Brief Of Appellant, Utah Court Of Appeals Jan 2009

Midge Morgan V. Intermountain Health Care Inc. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

INTERLOCUTORY APPEAL FROM THE THIRD JUDICAL DISTRICT COURT IN AND FOR SALT LAKE COUNTY, STATE OF UTAH HONORABLE L.A. DEVER


Carla Lyman V. Marc Solomon, As Personal Representative Of The Estate Of Ruthellen Pollan, Deceased : Brief Of Appellee, Utah Court Of Appeals Jan 2009

Carla Lyman V. Marc Solomon, As Personal Representative Of The Estate Of Ruthellen Pollan, Deceased : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLEE APPEAL FROM THE SEVENTH JUDICIAL DISTRICT COURT, SAN JUAN COUNTY, STATE OF UTAH, HONORABLE LYLE R. ANDERSON.


Carla Lyman V. Marc Solomon, As Personal Representative Of The Estate Of Ruthellen Pollan, Deceased : Reply Brief, Utah Court Of Appeals Jan 2009

Carla Lyman V. Marc Solomon, As Personal Representative Of The Estate Of Ruthellen Pollan, Deceased : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

REPLY BRIEF OF APPELLANT, CARLA LYMAN Appeal from the Seventh Judicial District Court, San Juan County, State of Utah, Judge Lyle R. Anderson.


Norma J. Thompson, Trustee Of The Norma J. Thompson Trust, Norma J. Thompson, Individually, Conley J. Thompson And Shanna J. Thompson V. Logan City, A Utah Municipal Corporation, The Logan City Board Of Adjustment And Members Of The Logan City Board Of Adjustment In Their Official Capacity, John Does 1-10: Appellees Brief, Utah Court Of Appeals Jan 2009

Norma J. Thompson, Trustee Of The Norma J. Thompson Trust, Norma J. Thompson, Individually, Conley J. Thompson And Shanna J. Thompson V. Logan City, A Utah Municipal Corporation, The Logan City Board Of Adjustment And Members Of The Logan City Board Of Adjustment In Their Official Capacity, John Does 1-10: Appellees Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Rebuttal to the Appeal of Logan City from a Decision of The First District Court, Cache County, State of Utah Honorable Kevin K. Allen, District Judge


Tyler R. Johnson V. Dept. Of Workforce Services : Brief Of Appellant, Utah Court Of Appeals Jan 2009

Tyler R. Johnson V. Dept. Of Workforce Services : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

No abstract provided.


Robinson V. Robinson : Reply Brief, Utah Court Of Appeals Jan 2009

Robinson V. Robinson : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

No abstract provided.


Golden Meadows Properties L.C., Aka Golden Meadows Properties Llc V. Michael Strand And Cari Allen : Reply Brief, Utah Court Of Appeals Jan 2009

Golden Meadows Properties L.C., Aka Golden Meadows Properties Llc V. Michael Strand And Cari Allen : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

APPEAL FROM SECOND JUDICIAL DISTRICT I < M 1RT DAVIS COUNTY, STATE OF UTAH THE HONORABLE JUDGE GLEN R. DAWSON, PRESIDING


State Of Utah V. Chance L. Robinson : Brief Of Appellee, Utah Court Of Appeals Jan 2009

State Of Utah V. Chance L. Robinson : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from convictions for possession or use of methamphetamine, a third degree felony, and driving with a measurable controlled substance in the body, a class B misdemeanor, in the Fourth Judicial District Court of Utah, Utah County, the Honorable Fred D. Howard presiding


Davis V. Goldsworthy : Brief Of Appellee, Utah Court Of Appeals Jan 2009

Davis V. Goldsworthy : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

No abstract provided.


Sharlene Call V. John E. Keiter, Md : Reply Brief, Utah Court Of Appeals Jan 2009

Sharlene Call V. John E. Keiter, Md : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

No abstract provided.


The State Of Utah V. S. Steven Maese : Brief Of Appellant, Utah Court Of Appeals Jan 2009

The State Of Utah V. S. Steven Maese : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from convictions for a Pattern of Unlawful Activity, a second degree felony under Utah Code Ann. § 76-10-1603.5; and four counts of Exploiting Prostitution, third degree felonies under Utah Code Ann. § 76-10-1305(2). This judgment was entered in the Third Judicial District Court, in and for Salt Lake County, State of Utah, the Honorable Randall N. Skanchy presiding. The Appellant is not incarcerated.


Utah V. Bryant : Brief Of Appellant, Utah Court Of Appeals Jan 2009

Utah V. Bryant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

No abstract provided.


Deer Crest Associates I, L.C. V. Silver Creek Development Group, Llc : Reply Brief, Utah Court Of Appeals Jan 2009

Deer Crest Associates I, L.C. V. Silver Creek Development Group, Llc : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

On Appeal from the Fourth Judicial District Court, Wasatch County Case No. 070500487, Honorable Derek Pullan


Susan I. Moss And Jamal S. Yanaki V. Parr, Waddoups, Brown, Gee & Loveless : Reply Brief, Utah Court Of Appeals Jan 2009

Susan I. Moss And Jamal S. Yanaki V. Parr, Waddoups, Brown, Gee & Loveless : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

REPLY BRIEF OF APPELLANTS APPEAL FROM THE OPINION OF THE UTAH COURT OF APPEALS, DATED JUNE 24,2010


Treena A. Withers V. Marc J. Jepsen : Brief Of Appellant, Utah Court Of Appeals Jan 2009

Treena A. Withers V. Marc J. Jepsen : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from a final order of the Sixth Judicial District Court, Garfield County, Civil No. 040600027, The Honorable Wallace A. Lee, District Court Judge.