Digital Commons Network^™

State Of Utah, Plaintiff/ Appellee V. Anthony Jeffrey Christensen, Defendant/ Appellant. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from a conviction for assault by a prisoner, a first­ degree felony, in the Sixth Judicial District, Sanpete County, the Honorable Marvin D. Bagley presiding

PETER DAINES Counsel for Appellant

JONATHANS. BAUER (10004) SEAN D. REYES (7969) Utah Attorney General KEVIN L. DANIELS Counsel for Appellee

South Weber City, Plaintiff - Appellee V. Cobblestone Resort, Llc; Wonae Mier; And Sustin Shiozaki : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

APPEAL FROM A JUDGMENT OF THE SECOND DISTRICT COURT OF DAVIS COUNTY, FARMINGTON DEPARTMENT, STATE OF UTAH, HON. ROBERT J. DALE, JUDGE

Jayme L. Blakesley, Robert C. Keller, Danica N. Cepernich, Nathanael J. Mitchell, Attorneys for Appellee

Matthew J. Morrison, Attorney for Appellants

2021 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.

Dignity And Discrimination, Frederick Mark Gedicks

BYU Law Review

Delivered as the Dignity in Law Symposium keynote address, this essay surveys uses of dignity in U.S. constitutional law, with a focus on conflicts between the dignities attached to citizenship and religious conscience. Parts I and II discuss dignity as state sovereignty and hierarchical status. Part III examines the collision of dignities in the Masterpiece Cakeshop decision. Part IV argues that attention to the public or private nature of the site where religious accommodation is demanded clarifies when accommodation is appropriate, using a house of worship and a government office as illustration s. Part V lists other sites of accommodation …

When Imitation Is Not Flattery: Addressing Cultural Exploitation In Guatemala Through A Sui Generis Model, Paul Figueroa

BYU Law Review

Indigenous Guatemalan weavers are fighting for intellectual property laws that better protect their designs and other cultural expressions. The exploitation and appropriation by local and international companies has negatively affected the weavers’ livelihoods and resulted in culturally inappropriate uses of spiritual and t raditional symbols. Adhering to Western ideals of individual creativity and utility, intellectual property laws in most of the world (including Guatemala) are not suited to protect indigenous creations. To address this legal gap, some countries have adopte d sui generis legal regimes that align with communal notions of creation, ownership and stewardship found in indigenous knowledge systems. …

What Does The State Owe To Its People? Toward A “Responsibility To Develop”, Amit Khardori

BYU Law Review

No abstract provided.

Preventing Perpetrators Of Sexual Misconduct From Circulation In The International Development And Humanitarian Assistance Sectors, Susan Keller Pascocello

BYU Law Review

No abstract provided.

Indigenous Dignity And The Right To Be Forgotten, Trevor Reed

BYU Law Review

No abstract provided.

Peggy Zazzetti, Plaintiff/Appellant V. Prestige Senior Living Center : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal From Third District Court, Summit County - Hon. Kent Holmberg

Joseph E. Minnock, Attorney for Appellee/Defendant Action, Jeremy Stuart, Nathanael J. Mitchell, Attorneys for Appellee/Defendant Prestige Senior Living

Daniel F. Bertch, Caleb Bertch, Attorneys for Plaintiff/Appellant

Yvonne Drummer, Plaintiff/ Appellant V. University Health Care And John And Jane Does 1-50 : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

ON APPEAL FROM THE THIRD JUDICIAL DISTRICT COURT THE HONORABLE LINDA JONES

Tyler T. Todd (#10691), Attorneys for Appellant

Terence L. Rooney (#5789), J. Adam Sorenson (#16577), Attorneys for Appellee University Health

State Of Utah, Plaintiff / Petitioner V. Christopher James Bonds Defendant /Respondent : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2021– )

On Writ of Certiorari to the Utah Court of Appeals

NATHALIE S. SKIBINE, Counsel for Respondent

JEFFREY S. GRAY, SEAN D. REYES, TONY F. GRAF, Counsel for Petitioner

Settling Data Protection Law: Multistate Actions And National Policymaking, Elysa M. Dishman

Faculty Scholarship

Data privacy and cybersecurity law in the United States is as unsettled as it is unsettling. By failing to pass comprehensive data protection legislation, Congress has settled for uncertainty. And the authority of the Federal Trade Commission (FTC) to enforce and seek remedies in this area has been challenged by litigants, including a case currently pending in the U.S. Supreme Court. Nevertheless, FTC enforcement settlements play a vital role in data regulation. These settlements include corporate structural reforms that become de facto regulations by shaping corporate practices nationwide.

State attorneys general (AGs) have become increasingly prominent data policymakers through enforcement …

The Costs Of Separation: Incarcerated Mothers And The Socioeconomic Benefits Of Community-Based Alternatives For Nonviolent Offenders, Rahgan Jensen

Brigham Young University Journal of Public Law

No abstract provided.

Frontmatter

Brigham Young University Journal of Public Law

No abstract provided.

“Love Is Distance”: Is That So? Lockdown Strategies, Medically Vulnerable People, And Relational Ethics, Nili Karako-Eyal

Brigham Young University Journal of Public Law

No abstract provided.

Safety Net Or Trap? A Policy-Oriented Analysis Of The Public Sex Offender Registry As Compelled Speech, Ann Weigly Deam

Brigham Young University Journal of Public Law

No abstract provided.

All The Tenacity Of Original Sin: Agencies And Courts Continue To Place The Burden Of Persuasion On Defendants In Violation Of The Apa And Supreme Court Precedent, Arthur Sapper

Brigham Young University Journal of Public Law

No abstract provided.

Utah, Odr, And The New “Millennial”Um, Devin Cooper

Brigham Young University Journal of Public Law

No abstract provided.

Country Club Sports: The Disparate Impact Of Athlete Admissions At Elite Universities, William B. Morrison

BYU Law Review

While conservative advocacy groups criticize affirmative action as anti-meritocratic, many universities give similar admissions preferences based on ostensibly race-neutral characteristics that highly correlate with wealth and whiteness. Using data made public through the recent legal challenge to Harvard’s affirmative action policies, statisticians have shown that the greatest boost to an applicant’s admission chances at elite universities is not minority status or high test scores, but rather appearing on a coach’s list of potential recruits. At Harvard, where 70% of athletes are white, these athletic recruitment lists are often for “country club sports” that require expensive tutoring and are rarely played …

2021 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.

Obstruction Of Justice: Redesigning The Shortcut, Ellen S. Podgor

BYU Law Review

When one looks to accomplish consistency and predictability in the criminal justice system — important goals tied to achieving deterrence — the architecture of obstruction of justice remains important. It is insufficient to suggest that we have consistency in sentencing by using federal sentencing guidelines, when the charging process is undermined by its failure to provide uniformity. Achieving a consistent charging framework for federal obstruction of justice needs to be individualized, remain true to the contextual setting, and provide consideration for the specific processes of a trial, sentencing, or impeachment. But it also needs to have a structure that is …

Courts Beyond Judging, Michael C. Pollack

BYU Law Review

Across all fifty states, a woefully understudied institution of government is responsible for a broad range of administrative, legislative, law enforcement, and judicial functions. That important institution is the state courts. While the literature has examined the federal courts and federal judges from innumerable angles, study of the state courts as institutions of state government — and not merely as sources of doctrine and resolvers of disputes — has languished. This Article remedies that oversight by drawing attention for the first time to the wide array of roles state courts serve, and by evaluating the suitability of both the allocation …

Piercing The (Sovereign) Veil: The Role Of Limited Liability In State Owned Enterprises, W. Mark C. Weidemaier

BYU Law Review

Sovereign nations own more than ten percent of the world's largest firms and use these ownership stakes to pursue economic, social, and political objectives unrelated to profit maximization. Sovereign nations also have unique powers and attributes that "ordinary" owners lack. Sovereigns do not need an owner's control rights to direct entity behavior; they have the power to regulate. Sovereigns do not need an owner's economic rights to extract value; they have the power to tax. And sovereigns do not need to hide behind the principle of limited liability, which protects owners of limited liability entities; they have sovereign immunity in …

Death Star Drones: How Missile Defense Drone Technology Marks The Advent Of Contingent Sovereignty, Ben Forsgren

BYU Law Review

Are advances in national security worth pursuing at the expense of sovereign equality? A new U.S. drone program may soon force the world to decide. Thanks to recent technological advances in unmanned aerial vehicles (UAV) and directed energy weapons, the United States will soon have a fleet of missile defense UAVs outfitted with advanced laser weapons designed to destroy intercontinental ballistic missiles before the missiles complete their launch phase. While these drones would significantly decrease the threat of a nuclear attack against the United States, they can only function if they are preemptively stationed in the sovereign airspace of other …