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Informal Governance Of The United States, Edward Lee

Brigham Young University Journal of Public Law

No abstract provided.

Frontmatter

Brigham Young University Journal of Public Law

No abstract provided.

Giving Hardison The Hook: Restoring Title Vii’S Undue Hardship Standard, Kade Allred

Brigham Young University Journal of Public Law

No abstract provided.

A Call For State Legislators To Reconsider Their Stance On School Choice And School Funding, Leah Blake

Brigham Young University Journal of Public Law

No abstract provided.

State Of Utah Respondent /Appellee, V. Reynaldo Martinez, Petitioner /Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Post-Conviction Relief Factual Innocence Appeal from a conviction for first degree aggravated Robbery in violation of Utah Code Ann. § 76-6-302 and a Class A Misdemeanor Failure to Remain at Accident involving injury in violation of Utah Code Ann. § 41-6A-401.3(3)(A), in the Third District Court, State of Utah, the Honorable Paul B. Parker, Judge, Presiding. Plaintiff/Appellee is currently incarcerated at the Utah State Prison Draper

DANIEL L. DAY, Counsel for Appellee

Randall W. Richards, Counsel for the Appellant

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

Sean Reyes, Counsel for Appellee

Emily Adams, Freyja Johnson, Counsel for Appellant

Durbano Properties, L.C., Petitioner, V. Utah State Tax Commission And Washington County Board Of Equalization, Respondents : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2021– )

On Petition for Review of August 4, 2021, Final Decision of the Utah State Tax Commission for Appeal No. 19-2384

Sarah Goldberg, Sean D. Reyes, Steven Scott, Attorney for Respondents

Douglas M. Durbano, Richard A. Bednar, Attorneys for Petitioner

Colleen Renae Wilson, Appellant, V. Jed Wilson, Appellee : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Fourth Judicial District Court, Utah County, Commissioner Marian Ito and Judge Derek P. Pullan, District Court No. 194402700

Angilee K. Dakic, Attorney for Appellant

Marilyn Brown, D. Grant Dickinson, Attorneys for Appellee

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

Sean Reyes, Counsel for Appellee

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

State Of Utah, Plaintiff/ Respondent, V. William Torres-Orellana, Defendant /Petitioner : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2021– )

On Writ of Certiorari from the opinion of the Utah Court of Appeals, State v. Torres-Orellana, 2021 UT App 75 (issued July 9, 2021)

David A. Simpson, Sean Reyes, Counselfor Respondent

Emily Adams, Freyja Johnson, Counsel for Petitioner

Steve Turley, An Individual, Plaintiff/Appellee V. Trudy J. Childs, Individually And As Trustee Of The Trudy J. Childs : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the Fourth Judicial District Court in and for Utah County Case No. 190401185

Barry N. Johnson, Daniel K. Brough, Ryan M. Merriman, Attorneys for Appellants

Craig Carlile, Brent D. Wride, Attorneys for Appellee

Colleen Renae Wilson, Appellant, V. Jed Wilson, Appellee : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from ruling of the Honorable Judge Pullan of the Fourth District Provo Division as to the Entry of a Findings of Fact and Conclusions of Law, and Decree of Divorce.

Angilee K. Dakic, Counsel for Appellant

D. Grant Dickinson, Counsel for Appellee

Shane Keisel And Jennifer Huff, Appellants, V. Russell Westbrook Iii And Jazz Basketball Investors, D/B/A The Utah Jazz Appellees. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the Fourth Judicial District, In and For Utah County, State of Utah Before the Honorable Derek P. Pullan

Matthew L. Lalli, Cameron J. Cutler, Attorneys for Appellee

Scott R. Hoyt, Joseph G. Pia, John P. Mertens, Adam L. Hoyt, Ciera C. Archuleta, Attorneys for Appellants

Dennis C. Ellis And Maria Ellis,. Appellants, V. La Val Enterprises, Ltd., Mikle Val Ellis, Kelly D. Ellis, Shelly Rowlan, And Stacey Rowlan Appellees : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Fourth Judicial District Court, Wasatch County, Honorable Jennifer A. Brown, District Court No. 200500032

David R. Nielson, Stephen M. Bigham, Nathan D. Anderson, Attorneys for Appellees

Troy L. Booher, Beth E. Kennedy, Caroline A. Olsen, Attorneys for Appellants

Drive Logistics, Llc (D.B.A. Kenco Parcel Solutions), Appellee, V. Adagio Teas, Inc., Appellant : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Fourth Judicial District Court, Utah County, Honorable Christine S. Johnson, District Court No. 190400543

David R. Parkinson, Ronald F. Price, Attorneys for Appellee iDrive

Troy L. Booher, Dick J. Baldwin, Taylor P. Webb, Matthew G. Bagley, Attorneys for Appellant Adagio Teas, Inc.

Dissent And The Rule Of Law, Russell D. Covey

Brigham Young University Journal of Public Law

Both the right to dissent and the “rule of law” are celebrated and frequently invoked values. Yet widespread popular dissent, such as that seen in the recent Black Lives Matter protests sparked by the police killing of George Floyd and others and a strong backlash against protestors by some political leaders, has deeply challenged the compatibility of those values. This tension raises deep theoretical questions about the essential concept of the rule of law, questions that have not yet been addressed by legal theorists. Consensus is greatest with respect to some of the formal characteristics of the rule of law, …

Covid’S Counterpunch: State Legislative Assaults On Publichealth Emergency Powers, James G. Hodge Jr., Jennifer L. Piatt

Brigham Young University Journal of Public Law

Amid the most impactful health crisis in over a century, COVID’s “counterpunch” entails aggressive efforts by numerous state legislatures to diminish state and local public health emergency powers. It is an incredulous movement facially supported by a need to appropriately balance economic interests and rights with communal health objectives. At its political core, however, is a “power grab” by legislatures to free their constituents from extensive emergency powers (e.g., social distancing, assembly limits, and business closures). Never mind the fact that these interventions, when used effectively and constitutionally, save lives and reduce morbidity. Public health agents and activists are understandably …

Corporate Purpose And The Separation Of Powers, Benjamin T. Seymour

Brigham Young University Journal of Public Law

Despite its intense focus on inter-jurisdictional competition, corporate law scholarship has thus far overlooked the influence of inter-branch competition on business organizations. This Article shows how interbranch struggles for control over corporations catalyzed the advent of modern corporate law and helped propel Delaware to its dominant position in the market for corporate charters. For centuries, the legislature, judiciary, and executive vied for the decisive role in dictating the means and ends of corporations. Through the nineteenth century, competition among the branches produced a dysfunctional and volatile relationship between government and private enterprise, with each branch successively assuming a leading role …

Frontmatter

Brigham Young University Journal of Public Law

No abstract provided.

On Criminalizing Violent Speech, Amitai Etzioni

Brigham Young University Journal of Public Law

There is an increasingly high number of threats to kill, made by citizens against each other, and against public officials. These threats terrorize people, force them to take protective measures, make them reluctant to assume public office, and, when they do, make them feel as though they have to act cautiously. State and federal laws currently exist that prohibit such threats. This article examines the ways the courts have affected how these laws function. It concludes by suggesting ways these laws can be rendered more effective. Drawing on liberal communitarianism, this article seeks to offer practical recommendations for how the …

Implications Of Azar V. Allina Health Services On Rulemaking: How To Know When Notice And Comment Is Required Under The Medicare Act, John Geilman

Brigham Young University Journal of Public Law

No abstract provided.

The Case Of The Smart City, Bruce Peabody, Kyle Morgan

Brigham Young University Journal of Public Law

January 7, 2021, marked the seventy-fifth anniversary of Marsh v. Alabama, the case in which the Supreme Court of the United States extended the protections of the First and Fourteenth Amendments to a privately held “company town.” This article makes the case that the longstanding Marsh precedent, and the basic jurisprudential framework it set out, remain important in working through twenty-first century problems regarding public-private partnerships and their impact on constitutional rights. We bring this old ruling into our new century by extrapolating a hypothetical legal controversy from legislation currently under consideration in the states. Thus, the heart of our …

Generals Of The Resistance: Multistate Actions And Nationwide Injunctions, Elysa M. Dishman

Faculty Scholarship

State attorneys general (AGs) have become leaders of the political resistance against recent presidential administrations. They are suing the federal government with increasing frequency, seeking nationwide injunctions that thwart presidential priorities and shape national policies.

Nationwide injunctions have sparked considerable debate among jurists, scholars, and policymakers. However, the largely court-centric debate has overwhelmingly overlooked the role that state litigants and litigators play in shaping criticisms of the nationwide injunction. States and AGs have unique
attributes, advantages, and incentives that allow them to frequently seek and successfully secure nationwide injunctions. And these advantages are enhanced when states litigate together. Because states …

Revitalizing Tribal Sovereignty In Treatymaking, David H. Moore, Michalyn Steele

Faculty Scholarship

In the current model of federal-Indian relations, the United States claims a plenary legislative power, as putative guardian, to regulate Indian tribes. Under this model, tribes are essentially wards in a state of pupilage. But the federal-tribal relationship was not always so. Originally, the federal government embraced, even promoted, a more robust model of tribal sovereignty in which federal-Indian treatymaking and diplomacy figured prominently. Through treaties, the United States and tribes negotiated territorial boundaries, forged alliances, facilitated trade, and otherwise managed their relations. In 1871, Congress attempted to put an end to federal-Indian treatymaking by purporting to strip tribes of …

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

Utah Supreme Court Briefs (2021– )

Appeal from convictions for rape of a child, sodomy on a child, and aggravated sexual abuse of a child, each a firstdegree felony, in the Second Judicial District, Weber County, the Honorable Joseph Bean presiding

EMILY ADAMS FREYJA JOHNSON Counsel for Appellant

JONATHAN S. BAUER, SEAN D. REYES, THOMAS PEDERSEN, Counsel for Appellee

Innovation In Adversity, Clark Asay, Stephanie Plamondon

Faculty Scholarship

Adverse experiences, like long-term poverty, can inhibit innovation. But as much research and many real-world examples show, adversity can also stimulate innovation. Indeed, the COVID-19 pandemic provides a number of recent examples where adverse conditions have led individuals, firms, and governments to innovate in the hope of benefiting society.

Despite the fact that some forms of adversity undermine innovation while others stimulate it, legal scholars have largely failed to distinguish between the two forms or even account for adversity's relationship to innovation when assessing innovation law and policy, including intellectual property (IP) laws. Yet given adversity's significant role in affecting …

Innovation's Hidden Externalities, Stephanie Plamondon Bair

Faculty Scholarship

When commentators discuss innovation’s externalities, they often classify them into one of two categories. On the positive externalities, or “spillovers” side, legal and economics scholars often speak of the benefits innovation confers on other innovators. Future innovators profit from past innovation as they “stand on the shoulders of giants” to develop progressively new and better innovation. Discussion of innovation’s negative externalities, on the other hand, has mainly focused on social harms not directly related to future innovation that particular advances impose on third parties—the classic example being pollution. Thus, the common understanding is that innovation’s spillovers positively impact innovation (among …

The Sociology And Psychology Of Innovation: A Synthesis And Research Agenda For Intellectual Property Scholars, Stephanie Plamondon Bair, Laura Pedraza-Fariña

Faculty Scholarship

Intellectual Property (IP) and innovation law scholarship is generally concerned with the question of how to promote socially beneficial innovation. Until recently, the analysis brought to bear on that question in the literature has been dominated by an individual, rational-actor-centered model grounded in the neoclassical economics tradition. Under this model, individual innovators are assumed to respond to innovation incentives in rational ways, unswayed by their social environments or their own psychology.

Of course, as innovation scholars are beginning to recognize, the road to innovation is much more winding and complex than the straight path from incentive to innovation that the …

Do Networks Govern Contracts?, Matthew C. Jennejohn

Faculty Scholarship

An influential literature in private law argues that the legal system interferes with modern markets’ “private ordering.” Private ordering refers to parties relying upon informal institutions, like social norms and reputational sanctions, to enforce legal obligations. This informal governance is made possible by thick networks of social or commercial relationships, which circulate information about parties’ behavior. Social networks, not the state, govern commerce.

This Article argues that the private ordering literature has overlooked a paradox at the heart of its theory. The same networks that circulate reputational information also provide conduits for valuable technical information to leak from one company …

Contractual Depth, Matthew C. Jennejohn, Cathy Hwang

Faculty Scholarship

Who is the intended audience of a contract? A court, who may be called upon to resolve a dispute, is one audience. Another is commercial communities, who punish breach with reputational sanctions, per the longstanding literature on informal enforcement. This article shows how modern contracts have more intended audiences than courts and communities—instead, they are drafted with many third parties in mind, including regulators. When contracts speak to many audiences, they gain multiple layers of meaning, giving them “contractual depth.” This article draws upon a series of novel interviews with dealmakers—law firm partners, general counsel, and executives—in a wide range …