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

Utah Court of Appeals Briefs (2020 –)

BRIEF OF APPELLANT Appeal From Labor Commission - Appeals Board

Gender And The Social Structure Of Exclusion In U.S. Corporate Law, Matthew C. Jennejohn, Afra Afsharipour

Faculty Scholarship

Law develops through collective effort. A single judge may write a judicial opinion, but only after an (often large) group of lawyers choose litigation strategies, craft arguments, and present their positions. Despite their important role in the legal process, these networks of lawyers are almost uniformly overlooked in legal scholarship—a black box in a discipline otherwise obsessed with institutional detail.

This Article focuses upon a particularly crucial way that the structure of professional networks may shape the path of the law. Prior qualitative research suggests that networks are a crucial source of information, mentoring, and opportunity, and that those social …

State Of Utah, Plaintiff/Respondent V. Michael Jerry Felts, Defendant/Petitioner : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2021– )

Certiorari review of this case arises from a court of appeals' decision affirming the district court's ruling that it could not review a restitution award from the Board of Pardons and Parole following Felts's guilty plea for aggravated assault on a police officer, a third-degree felony, and failure to stop at the command of a police officer, a third-degree felony, in the Third Judicial District Court, in and for Salt Lake County, State of Utah, the Honorable L. Douglas Hogan, presiding.

EMILY SOPP (17599) Assistant Solicitor General SEAN D. REYES (7969) Utah Attorney General Attorneys for Respondent

NATHALIE S. SKIBINE …

Calling The Shots: Multistate Challenges To Federal Vaccine Mandates, Elysa M. Dishman

Faculty Scholarship

Litigation brought by state attorneys general (AGs) successfully frustrated the Biden administration’s efforts to combat COVID-19 by vaccinating American workers. State challenges to vaccine mandates are consistent with trends in multistate litigation that have occurred in recent presidential administrations. At the same time, these cases reveal emerging new trends that shed light on the future of multistate public law litigation and nationwide injunctions. Challenges to vaccine mandates have raised ongoing criticisms of nationwide injunctions and offer a pathway forward for reform.

Directions For U.S. International Tax Policy, A Response To Hanna And Wilson, Stephen E. Shay, J. Clifton Fleming Jr., Robert J. Peroni

Faculty Scholarship

Christopher Hanna and Cody Wilson argue in U.S. International Tax Policy and Corporate America that an international tax reform proposal focusing on maintaining low financial accounting effective tax rates could win over proponents of full current rate taxation of foreign income as well as U.S. publicly traded corporate America. They propose combining full current rate taxation of foreign income with a reduced overall corporate tax rate of approximately 15%. This, they assert, could be roughly revenue neutral or raise revenue. As long-time proponents of full current taxation of foreign income subject to a credit for foreign taxes, we explain why …

Contract Production In M&A Markets, Matthew C. Jennejohn, Stephen J. Choi, Mitu Gulati

Faculty Scholarship

Contract law scholarship has devoted considerable attention to understanding how contract terms are designed to properly incentivize parties to fulfill their obligations. Little attention, however, has been paid to the tradeoffs parties make between using widely used boilerplate terms and designing bespoke provisions. In thick markets such as those for corporate or sovereign bonds everyone uses the standard form despite the known drawbacks of boilerplate. But in thinner markets, such as the private deal M&A world, parties trade off costs and benefits of using standard provisions and customizing clauses to their needs. This Article reports on a case study of …

Treaty Interpretation At The Human Rights Committee: Reconciling International Law And Normativity, David H. Moore

Faculty Scholarship

The Human Rights Committee, the expert body overseeing states’ compliance with the International Covenant on Civil and Political Rights (“ICCPR”), is a key institution in the international human rights architecture. The Committee’s work requires constant interpretation of the ICCPR’s human rights guarantees. While international law dictates how to interpret treaty provisions, including those of the ICCPR, the Committee does not consistently follow the international law of treaty interpretation. Rather, normativity plays an influential role in the Committee’s interpretations. This approach is not uniformly negative; it has both costs and benefits. To minimize the costs, however, this Article identifies a path …

Smart Patents, Stephanie Plamondon

Faculty Scholarship

Intellectual property (IP) rights differ from traditional property rights in a crucial respect: the ascertainability of their boundaries. While it is usually a simple task to figure out where a traditional property right (e.g., an ownership right in a piece of land) begins and ends, delineating the metes and bounds of an IP right (e.g., a right to exclude others from practicing an invention as described in a patent claim) can be much more difficult to do.

The indeterminate scope of patent rights in particular leads to many layers of inefficiency. Downstream inventors may find it necessary to engage in …

"Attacking" Big Data: Strategic Competition, The Race For Ai, And The International Law Of Cyber Sabotage, Gary P. Corn, Eric Talbot Jensen

Faculty Scholarship

This chapter begins with a discussion of the national security threat that China’s AI development efforts pose, and the importance of big data to those efforts. It then moves to a review of potential cyber-enabled operations, particularly as applied to data, that could impede or thwart China’s AI development. The chapter then proceeds to a review of the international law implications of cyber sabotage, beginning with a discussion of the jus ad bellum and followed by a review of other relevant aspects of the international law of state responsibility such as the rule of prohibited intervention, principles of state sovereignty, …

"Accompanying The Force" In Modern Armed Conflict, Eric Talbot Jensen

Faculty Scholarship

Throughout history, non-military personnel have routinely accompanied fighting forces on the battlefield for purposes of providing their goods or services to the forces. The 1863 Lieber Code codified many rules concerning the interaction of the armed forces, but it also addressed civilians accompanying such professional forces, including both those “who are attached to the army for its efficiency and promote directly the object of the war” and those “citizens who accompany an army for whatever purpose, such as sutlers, editors, or reporters of journals, or contractors.”
Because of their proximity to the fight, it was inevitable that some of these …

Acknowledging (Celebrating? Regretting?) Sixty Years Of Subpart F, J. Clifton Clifton Fleming Jr.

Faculty Scholarship

Deferral of home-country tax on the income of foreign subsidiary corporations produces the twin evils of business and investment location distortion and profit shifting. In 1961, the Kennedy administration proposed the almost complete elimination of this type of deferral from the US income tax system. Because of strong opposition lobbying, the result was a political compromise commonly known as Subpart F. This article explains why Subpart F was largely a failure, in spite of its being copied to various degrees by the controlled foreign corporation (CFC) regimes of many developed
countries. The article also explores the extent to which the …

Frederick Douglass And The Original Originalists, Bradley Rebeiro

Faculty Scholarship

Constitutional scholars incessantly grapple over the significance of the Constitution’s original meaning. More specifically, they are preoccupied with, on the one hand, what that meaning is (if such meaning exists) and, on the other hand, the exact nature of that meaning’s authority (if any) over the Constitution and its interpreters. But this debate is hardly novel. In fact, one of the most compelling voices in U.S. history was immersed in similar debates and, out of the constitutional sparring of his time, forged an arresting theory of constitutional interpretation. Frederick Douglass, once a fierce opponent of the U.S. Constitution, evolved into …

A Tale Of Two Declarations, Bradley Rebeiro

Faculty Scholarship

No abstract provided.

State Of Utah, Plaintiff/ Appellee, V. Jose Felipe Arce, Defendant/Appellant.: Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the First Judicial District Court, Cache County, Honorable Spencer D. Walsh, District Court No. 191100762

Sean Reyes, Counsel for Appellee

Freyja Johnson, Emily Adams, Counsel for Appellant

State Of Utah, Plaintiff / Appellee V. Arlen J. Prettyman, Defendant / Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Seventh Judicial District Court, Price Carbon County, Honorable Jeremiah Humes, District Court No. 201700454 Mr. Prettyman is incarcerated.

Sean Reyes, Counsel for Appellee

Emily Adams, Cherise Bacalski, Counselfor Appellant

State Of Utah, Plaintiff /Respondent Vs. Elbert John Pule, Defendant /Petitioner : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2021– )

On Writ of Certiorari to the Utah Court of Appeals

DOUGLAS J. THOMPSON, JENNIFER FORESTA, Counsel for Petitioner

DAVID A. SIMPSON, SEAN D. REYES, TIMOTHY TAYLOR, BRIAN MILLER, Counsel for Respondent

Nonconsensual Family Obligations, Emily J. Stolzenberg

BYU Law Review

Even as the pandemic has both highlighted and compounded the challenges many U.S. families face in meeting their members’ basic needs, efforts to expand public subsidies for caretaking have gained little traction. Scholars have identified many historical and practical reasons for Americans’ entrenched skepticism toward the welfare state. Ideas matter, too, and this Article uncovers and critiques one that works to limit collective financial responsibility for families: the conviction that family support obligations must be legitimated through consent.

In family law, as in liberal political theory, consent works to reconcile state regulation with individual freedom. But because consent is a …

2022 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 Congruent Constitution (Part Two): Reverse Incorporation, Jay S. Bybee

BYU Law Review

In Bolling v. Sharpe (1954), a companion case to Brown v. Board of Education, the Supreme Court thought it “unthinkable” that the Equal Protection Clause would not apply to the federal government as well as the states and declared it “reverse incorporated” through the Due Process Clause of the Fifth Amendment. The Equal Protection Clause is the most familiar example of reverse incorporation, but it is neither the first nor the only provision of the Constitution that, by its terms, applies to the states alone, but which the Supreme Court has made applicable to the federal government through the Due …

Abolishing The Evidence-Based Paradigm, Erin Collins

BYU Law Review

The belief that policies and procedures should be data-driven and “evidence-based” has become criminal law’s leading paradigm for reform. This evidence-based paradigm, which promotes quantitative data collection and empirical analysis to shape and assess reforms, has been widely embraced for its potential to cure the emotional and political pathologies that led to mass incarceration. It has influenced reforms across the criminal procedure spectrum, from predictive policing through actuarial sentencing. The paradigm’s appeal is clear: it promises an objective approach that lets data – not politics – lead the way and purports to have no agenda beyond identifying effective, efficient reforms. …

Nontraditional Investors, Jennifer S. Fan

BYU Law Review

In recent years, nontraditional investors have become a major player in the startup ecosystem. Under the regulatory regime of U.S. securities law, those in the public realm are heavily regulated, while those in the private realm are largely left alone. This public-private divide, which is a fundamental organizing principle of securities law, has eroded with the rise of nontraditional investors. While legal scholars have addressed the impact of some of these nontraditional investors individually, their collective impact on deal terms, deal timelines, due diligence, and board configuration has not been discussed in a holistic manner; neither has their impact on …

The Original “Market” Understanding Of The Commerce Clause: Insights From Early Federal Government Practice And Precedent, Robert J. Pushaw Jr.

BYU Law Review

No abstract provided.

America The Divisible: Local Taxes And The Salt Subsidy, Matthew S. Johnson

BYU Law Review

The state and local tax (SALT) deduction subsidizes localities in a way that has not fully been appreciated by policymakers, practitioners, or academics. While the state portion of the SALT deduction captures headlines and receives significant attention from academics, the local portion has been overlooked. Local taxes introduce concerns that are not relevant to state-levied taxes. The local tax deduction provides a greater subsidy, per capita, for wealthy localities than it does for economically heterogeneous or less wealthy localities. This Note is the first to quantify the subsidy received by localities through the SALT deduction. This Note contributes to the …

State Of Utah, Plaintiff / Appellee V. Justin Jessop, Defendant / Appellant : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Second Judicial District Court, Weber County, Honorable Michael DiReda, District Court No. 191902276

Natalie Edmundson, Sean Reyes, Counsel for Appellee

Emily Adams, Freyja Johnson, Melissa Jo Townsend, Scott D. Goodwin, Counsel for Appellant

Big Game Forever, Appellant, V. Eric S. Peterson: Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

ON APPEAL FROM THE THIRD DISTRICT COURT, SALT LAKE COUNTY, UTAH BEFORE THE HONORABLE KARA PETTIT

D. Loren Washburn (10993) Trinity Jordan (15875) ARMSTRONG TEASDALE LLP

David C. Reymann (8495) Jeffrey J. Hunt (5855) PARR BROWN GEE & LOVELESS,

Big Game Forever, Appellant V. Eric Peterson, Appellees: Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

ON APPEAL FROM THE THIRD DISTRICT COURT, SALT LAKE COUNTY, UTAH BEFORE THE HONORABLE KARA PETTIT

D. Loren Washburn (10993) Trinity Jordan (15875) ARMSTRONG TEASDALE LLP

David C. Reymann (8495) Jeffrey J. Hunt (5855) PARR BROWN GEE & LOVELESS

State Of Utah, Plaintiff / Appellee V. Roberto Garcia, Defendant / Appellant : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Second Judicial District Court, Weber County, Honorable Joseph Bean, District Court No. 201901238

Jonathan S. Bauer, Sean Reyes, Counsel for Appellee

Emily Adams, Freyja Johnson, Melissa Jo Townsend, Counsel for Appellant