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State Of Utah, Plaintiff/Appellee V. True Sparling, Defendant/Appellant. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

APPEAL FROM A CRIMINAL SENTENCE JUDGMENT AND COMMITMENT ENTERED BY THE HONORABLE DON M. TORGERSON OF THE SEVENTH JUDICIAL DISTRICT COURT IN AND FOR SAN JUAN COUNTY, STATE OF UTAH

K. ANDREW FITZGERALD, Attorney for Defendant/Appellant, True Sparling

Washington Townhomes, Llc; Homes By Harmony, Inc.; Cotton Meadows, Llc; Salisburty Development Llc; Southern Utah Home Builders Assn.; Ivory Southern, Llc; Perry Homes Utah; Henry Walker Construction Of Southern Utah, Llc, Plaintiffs /Appellees, V. Washington County Water Conservancy District, Defendant /Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the Fifth Judicial District Court, Washington County, Judge Jeffrey C. Wilcox, Case No. 130500465

Robert C. Keller, Scott P. Powers, Nathanael J. Mitchell, Attorneys for Appellant

Benson L. Hathaway, Jr., Justin W Starr, Adam D. Wahlquist, Attorneys for Appellees

An Empirical Study Of Copyright's Substantial Similarity Test, Clark D. Asay

Faculty Scholarship

The substantial similarity test is copyright law’s dominant means by which courts determine whether a party has infringed another party’s copyright rights. Despite this, we have very little empirical evidence about what the test is and how courts apply it. To date, only a few empirical studies exist, and these are limited in several important ways, including with regards to scope, time periods covered, and volume of opinions. Mostly, courts, commentators, and scholars rely on anecdotal accounts of the test in both their conceptualizations and critiques of it.

To help provide a clearer empirical assessment of the test, this study …

Overqualified And Underrepresented: Gender Inequality In Pharmaceutical Patent Law, S. Sean Tu, Paul R. Gugliuzza, Amy Semet

BYU Law Review

Pharmaceutical patents represent some of the most valuable intellectual property assets in the world: they can be worth billions of dollars if courts uphold their validity and find them infringed. But, if invalidated, generic drug manufacturers can get to market earlier, generating billions of dollars of revenue for themselves and creating enormous savings for consumers. Accordingly, drug patents are the product of careful, high-cost prosecution and are associated with high-stakes, bet-the-company litigation.

But women lawyers are noticeably absent from pharmaceutical patent practice. This article reports an original empirical study finding that women comprise only one-third of the top pharmaceutical patent …

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 One): Incorporation, Jay S. Bybee

BYU Law Review

In Barron v. Mayor of Baltimore (1833), the Supreme Court held that the Bill of Rights applied to the federal government alone. Following the adoption of the Fourteenth Amendment in 1868, the Supreme Court reconsidered the rule of Barron. The Court first reaffirmed the rule of Barron and held that neither the Privileges or Immunities Clause nor the Due Process Clause made the Bill of Rights applicable to the states. It then entered a period of “absorption,” where the Court held that the Due Process Clause guaranteed some minimal rights found in the Bill of Rights, but not necessarily the …

Algorithmic Governance From The Bottom Up, Hannah Bloch-Wehba

BYU Law Review

Artificial intelligence and machine learning are both a blessing and a curse for governance. In theory, algorithmic governance makes government more efficient, more accurate, and more fair. But the emergence of automation in governance also rests on public-private collaborations that expand both public and private power, aggravate transparency and accountability gaps, and create significant obstacles for those seeking algorithmic justice. In response, a nascent body of law proposes technocratic policy changes to foster algorithmic accountability, ethics, and transparency.

This Article examines an alternative vision of algorithmic governance, one advanced primarily by social and labor movements instead of technocrats and firms. …

Public Lands In Public Hands: Analysis Of The Underpinnings Of Utah’S Public Trust Doctrine, Brittany Bunker Thorley

BYU Law Review

Utah Lake, the largest freshwater lake in the third driest state, is a vital, yet underappreciated natural resource. In 2018, the Utah State Legislature passed the Utah Lake Restoration Act in an attempt to restore and enhance the lake’s ecological and recreational value. Yet the new law has been met with strong public resistance because it leaves the lake vulnerable to exploitation and further ecological degradation, a concern made real by a proposed development plan that would build a city of islands on top of the lake. Community members cite specific concerns about threats to native species, disruption of water …

Procedural Wrongdoing, Matthew A. Shapiro

BYU Law Review

Both the practice and the study of civil justice are rife with accusations of litigation “abuse.” Although it’s tempting to dismiss all this abuse talk as merely rhetorical, the concept of abuse in fact has deep roots in the normative structure of civil procedure’s doctrinal apparatus for regulating parties’ wrongful litigation conduct — their procedural wrongdoing. Prior accounts of procedural wrongdoing have maintained that parties abuse the civil justice system whenever they violate a procedural rule that’s calibrated to maximize the net benefits of litigation. Such accounts, however, ignore the many rules that define procedural wrongdoing not in terms of …

David R. Harman, Plaintiff/ Appellant V. 105 Partners, Llc Fka 105 Holdings, Llc , Anthony M. Thurber And Brekke R. Felt, In Their Capacity As Trustees Of The Anthony Fernlund & Lorraine Thurber Trust, And Lorraine Thurber, Defendant /Appellees : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Richard D. Flint, Angelica M. Juarez, Attorneys for Appellee 105 Partners, LLC FKA 105 Holdings, LLC, Leslie W. Slaugh, Richard A. Roberts, Attorneys for Appellees Anthony M. Thurber and Brekke R. Felt, in their capacity as Trustees of the Anthony Fernlund & Lorraine Thurber Trust, and Lorraine Thurber

Richard D. Flint, Angelica M. Juarez, Attorneys for Appellee 105 Partners, LLC FKA 105 Holdings, LLC, Leslie W. Slaugh, Richard A. Roberts, Attorneys for Appellees Anthony M. Thurber and Brekke R. Felt, in their capacity as Trustees of the Anthony Fernlund & Lorraine Thurber Trust, and Lorraine Thurber

J. Spencer Ball, Attorney …

David R. Harman, Plaintiff/ Appellant, V,105 Partners, Llc Fka 105 Holdings, Llc, Anthony M. Thurber And Brekke R. Felt, In Their Capacity As Trustees Of The Anthony Fernlund & Lorraine Thurber Trust, And Lorraine Thurber, Defendants/ Appellees : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from Final Judgment Granting Motions to Dismiss, Amended Final Judgment and Denial of Temporary Restraining Order Fourth District Court for Utah County, Provo Department The Honorable Robert Lund

Richard D. Flint, Angelica M. Juarez, Attorneys for Appellee 105 Partners, LLC FKA 105 Holdings, LLC Leslie W. Slaugh, Richard A. Roberts, Attorneys for Appellees Anthony M. Thurber and Brekke R. Felt,

J. Spencer Ball, Attorney for Appellant David R. Harman

Michael Robert Tilleman, Appellant /Petitioner V. Michal Christine Tilleman, Appellee /Respondent : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Fourth Judicial District Court, Honorable James Brady, District Court No. 164402522

Douglas Thayer, Andy Wright, Attorneys for Appellee Michal Christine Tilleman

Julie J. Nelson, Attorney for Appellant Michael Robert Tilleman

Michael Robert Tilleman, Appellant V. Michal Christine Tilleman, Appellee : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Fourth Judicial District Court, Honorable James Brady, District Court No. 164402522

Douglas Thayer, Andy Wright, Attorneys for Appellee

Julie J. Nelson, Attorney for Appellant

Robert Wakefield, On Behalf Of The Estate Of His Deceased Son, Jared Wakefield, Plaintiff / Appellant V. David A. Gutzman, Defendant / Appellee : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

appeal from the Fourth Judicial District Court, Utah County, Honorable Robert A. Lund, District Court No. 150400386

Tawni J. Anderson, Tucker F. Levis, Counsel for Appellee

Emily Adams, Sara Pfrommer, Freyja Johnson, Counsel for Appellant

Robert Wakefield, On Behalf Of The Estate Of His Deceased Son, Jared Wakefield, Plaintiff / Appellant V. David A. Gutzman, Defendant / Appellee : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Fourth Judicial District Court, Utah County, Honorable Robert A. Lund, District Court No. 150400386

Tawni J. Anderson, Tucker F. Levis, Counsel for Appellee

Emily Adams , Sara Pfrommer, Freyja Johnson, Counsel for Appellant

Alexis Doutre, Appellant, V. Box Elder County; Brigham City; Union Pacific Railroad Company; And Utah Department Of Transportation, Appellees : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Second Judicial District Court, Weber County Honorable Noel S. Hyde, District Court No. 180906306

Troy L. Booher, Beth E. Kennedy, Taylor P. Webb, Attorneys for Plaintiff/Appellant, Gina M. Rossi, Attorney for Defendant/Appellee Union Pacific Railroad Compапу, Peggy E. Stone, Attorney for Defendant/Appellee UDOT, Susan Black Dunn, Attorney for Defendant/Appellee Box Elder County

Matthew D. Church, Adam D. Goff, Attorneys for Defendant/Appellee Brigham City, Lindy W. Hamilton, Robert W. Gibbons, Attorneys for Plaintiff/Appellant Alexis Doutre

C. Leon Nelson And Marilynn Tetrick, Defendants/Appellants, V. Karen Goldberg, Marc Goldberg, Thomas Goldberg Elaina Friedman, And Martin Krone, Plaintiffs/Appellees: Brief Of Appellants, Utah Supreme Court

Utah Supreme Court Briefs (2021– )

Interlocutory Appeal from the Third Judicial District Court, Salt Lake County, Honorable Richard D. McKelvie

Ryan B. Hancey, Adam L. Grundvig, Attorneys for Appellants

Cameron L. Sabin, Joshua Cutler, Attorneys for Appellees Susan Robertson and Karen Goldberg Trustees of The Sandra Goldberg Trust and The Stanley Goldberg Trust

C. Leon Nelson And Marilynn Tetrick, Appellants V. Karen Goldberg, Mark Goldberg, Thomas Goldberg, Elaina Friedman, And Martin, Appellees : Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2021– )

Interlocutory Appeal from the Third Judicial District Court, Salt Lake County, Honorable Richard D. McKelvie

Ryan B. Hancey, Adam L. Grundvig, Attorneys for Appellants

Cameron L. Sabin, Joshua Cutler, Attorneys for Appellees Susan Robertson and Karen Goldberg, Trustees of The Sandra Goldberg Trust and The Stanley Goldberg Trust

Alexis Doutre, Appellant, V. Box Elder County; Brigham City; Union Pacific Railroad Company; And Utah Department Of Transportation, Appellees : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On Appeal from the Second Judicial District Court, Weber County,

TROY L. BOOHER, BETH E. KENNEDY, TAYLOR P. WEВВ, ZIMMERMAN BOOHER, Counsel for Alexis Doutre

PEGGY E. STONE, Counsel for Utah Department of Transportation, SUSAN BLACK DUNN, Counsel for Box Elder County, MATTHEW D. CHURCH, Counsel for Brigham City, GINA M. ROSSI, Counsel For Union Pacific Railroad Company

State Of Utah Plaintiff /Appellee V. Michael Ignatius Kufrin Defendant /Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

appeal from the Fourth Judicial District Court, Utah County, Honorable Kraig Powell, District Court No. 171402277

Sean Reyes, Counsel for Appellee

Emily Adams, Freyja Johnson, Counsel for Appellant

Clark Memorandum: Fall 2022, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society

The Clark Memorandum

• A Certain Idea of BYU
• Building Bridges Between the Latter-day Saint and Jewish Communities
• Exemplary Scholars, Devoted Leaders

Janette Corn, Appellee V. Blake Groce, Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Second Judicial District Court, Davis County, Honorable Ronald Russell, District Court No. 194700657

Lyle Millham, William Fontenot, Cobie Spevak, Attorneys for Janette Corn

Alexandra Mareschal, Julie J. Nelson, Attorneys for Blake Groce

David R. Harman, Plaintiff/ Appellant V. 105 Partners, Llc Fka 105 Holdings, Llc , Anthony M. Thurber And Brekke R. Felt, In Their Capacity As Trustees Of The Anthony Fernlund & Lorraine Thurber Trust, And Lorraine Thurber, Defendant /Appellees : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

APPEAL FROM THE FINAL JUDGMENT OF THE FOURTH JUDICIAL DISTRICT COURT OF UTAH COUNTY, THE HONORABLE ROBERT LUND, DISTRICT JUDGE

J. Spencer Ball, Attorneys for Appellant David Harman, Richard D. Flint, Angelica M. Juarez, Attorneys for Appellees 105 Partners. LIC

D. David Lambert, Richard A. Roberts, Attorneys for Appellees Anthony M. Thurber and Brekke R. Felt. Trustees of the Anthony Fernlund & Lorraine Thurber Trust, and Lorraine Thurber

David R. Harman, Plaintiff/ Appellant, V,105 Partners, Llc Fka 105 Holdings, Llc, Anthony M. Thurber And Brekke R. Felt, In Their Capacity As Trustees Of The Anthony Fernlund & Lorraine Thurber Trust, And Lorraine Thurber, Defendants/ Appellees : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

APPEAL FROM THE FINAL JUDGMENT OF THE FOURTH JUDICIAL DISTRICT COURT OF UTAH COUNTY, THE HONORABLE ROBERT LUND,

D. David Lambert, Richard A. Roberts, Attorneys for Appellees

Washington Townhomes, Llc; Homes By Harmony, Inc.; Cotton Meadows, Llc; Salisburty Development Llc; Southern Utah Home Builders Assn.; Ivory Southern, Llc; Perry Homes Utah; Henry Walker Construction Of Southern Utah, Llc, Plaintiffs /Appellees, V. Washington County Water Conservancy District, Defendant /Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Fifth Judicial Court, Salt Lake County, State of Utah Honorable Jeffrey C. Wilcox, District Court No. 130500465

Benson L. Hathaway, Jr., Adam D. Wahlquist, Thomas K. Checketts, Craig M. Call, Attorneys for Appellees

Robert C. Keller, Scott P. Powers, Attorneys for Appellant

Big Game Forever, Petitioner /Appellant, V. Eric S. Peterson, The Utah Investigative Journalism Project, Utah Department Of Natural Resources, And Utah State Records Committee, Respondent /Appellees : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On Appeal from the Third District Court, Salt Lake County, State of Utah, the Honorable Kara L. Pettit, Dist. Ct. No. 200902471

D. Loren Washburn, Trinity Jordan, Paul L. Brusati, Attorneys for Appellant Big Game Forever

Jeffrey J. Hunt, David C. Reymann, Sara Meg Nielson, Attorneys for Appellees Eric S. Peterson and The Utah Investigative Journalism Project

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

Utah Court of Appeals Briefs (2020 –)

Appeal from judgment of conviction of distribution of or arranging to distribute a controlled substance, a second-degree felony in violation of Utah Code section 58-37-8(1)(a)(ii), in the Third District Court, Salt Lake County, Utah, the Honorable ‘Todd M. Shaughnessy and the Honorable Heather Brereton presiding.

SEAN D. REYES, Attorney for Plaintiff/ Appellee

JANET LAWRENCE, JON SHUMAN, Attorneys for Defendant/ Appellant