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Nevin Pratt, Denise Pratt V. Mary Anne Nelson : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPEAL FROM OPINION OF THE COURT OF APPEALS, AFFIRMING FINAL ORDERS AND JUDGMENT BY THE HONORABLE MICHAEL G. ALLPHIN, SECOND DISTRICT COURT, DAVIS COUNTY

Southeastern Utah Association Of Local Governments V. Department Of Workforce Services, Workforce Appeals Board, And Barbara Dougherty : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Appeal from a decision of the Department of Workforce Services Workforce Appeals Board; Claimant, Barbara Dougherty

Utah Public Employees Association And Roes 1 Through 5 V. State Of Utah : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Supreme Court No.: 20051165 District Court Civil No.: 050911548 mi APPELLANTS' ADDENDUM ON APPEAL FROM THE THIRD JUDICIAL DISTRICT COURT IN AND FOR SALT LAKE COUNTY, STATE OF UTAH, HONORABLE WILLIAM W. BARRETT.

Utah Public Employees Association And Roes 1 Through 5 V. State Of Utah : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

District Court Civil No.: 050911548 mi BRIEF OF APPELLANTS ON APPEAL FROM THE THIRD JUDICIAL DISTRICT COURT IN AND FOR SALT LAKE COUNTY, STATE OF UTAH, HONORABLE WILLIAM W. BARRETT.

Bertina Rae Olseth V. Matthew D. Larson : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

ON CERTIFIED QUESTION OF UTAH STATE LAW FROM THE UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT On Appeal From An Order of the United States District Court for the District of Utah, Civil No. 2:02-CV-l 122PGC HONORABLE PAUL G. CASSELL

State Of Utah V. Steven V. Perry : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

In the Utah Court of Appeals, case number 20060039, Brief of the Appellant for Appeal from the First District Judicial Court, Box Elder County, Judge Ben Hadfield.

Questioning The Rule Of Capture Metaphor For Nineteenth Century Public Land Law: A Look At R.S. 2477, James R. Rasband

Faculty Scholarship

No abstract provided.

Expanding Our Classroom Walls: Enhancing Teaching And Learning Through Technology, Kristin B. Gerdy, Jane H. Wise, Alison Craig

Faculty Scholarship

The authors examine the reasons why law faculty should implement technology into the legal education experience, provide a brief overview of the learning theory supporting technology, discuss the thoughtful use of technology, and describe four specific projects they have used in their classrooms to aid in student learning.

Eagle Feathers And Equality: Lessons On Religious Exceptions From The Native American Experience, Kevin J. Worthen

Faculty Scholarship

The legality and propriety of exempting religiously motivated conduct from otherwise applicable legal norms is the subject of ongoing scholarly, judicial, and legislative debate. The issue is particularly thorny when it arises in a legal system deeply committed to the concept of equality. The Eagle Protection Act, which exempts Native Americans religious practitioners who are members of federally recognized tribes from its general prohibition on the taking and use of bald and golden eagle feathers, provides an interesting context in which to examine that debate. Not only does the Act exempt religiously motivated conduct from the otherwise applicable norms, it …

Religious Experience In The Age Of Digital Reproduction, Frederick Mark Gedicks, Roger Hendrix

Faculty Scholarship

A religious experience is an extraordinary event that occurs against the backdrop of ordinary life, infusing that life with a meaning it would not otherwise have. Mass culture is now replete with portrayals of such experiences. Spiritually-themed television shows, movies, books, music, and fashion are now common and even popular. This is not necessarily good news for religion and religious experience. What mass culture portrays as sacred may be merely an imitation, resembling more the ubiquitous feel-good self-affirmance of popular psychology than authentic communion with the divine.

On the other hand, the appropriation and portrayal of religious experience by mass …

Suitability Claims And Unrecommended Securities Purchases: An Agency Theory Of Broker-Dealer Liability, Frederick Mark Gedicks

Faculty Scholarship

It is well-established that full-service broker-dealers have an obligation to recommend to their customers only the purchase of securities that are "suitable" to the customer's investment objectives and financial situation. There seems to be widespread agreement, however, that a broker-dealer cannot incur liability on suitability grounds unless it first recommends a securities purchase to a customer.

Accordingly, discount broker-dealers argue they are necessarily immune from liability on suitability claims because they act as "order clerks" who merely execute unsolicited customer orders; online discounters have adopted the same position. Full-service broker-dealers similarly argue that although they owe a suitability obligation for …

The Permissible Scope Of Legal Limitations On The Freedom Of Religion Or Belief In The United States, Frederick Mark Gedicks

Faculty Scholarship

This article summarizes the law of legal limitations on religious freedom in the UnitedStates, including sources and hierarchies of applicable law, structural limitations on religious freedom, grounds for limiting such freedom, an analytical description oflimitations, and background influences on limitations law, and applies this law to hypothetical situations.

Federal judicial decisions interpreting the Religion Clauses are the principal source oflimitations law in the United States. RLUIPA and RFRA, federal anti-discrimination statutes, and executive orders are other important sources of religious freedom law. State constitutions, statutes, and regulations are important sources law when federal sources are absent or inapplicable. International human …

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

Utah Court of Appeals Briefs (1996–2006)

No abstract provided.

Prosecuting Members Of The U.S. Military For Wartime Environmental Crimes, Eric Talbot Jensen, James J. Teixeira Jr.

Faculty Scholarship

War is inherently damaging to the environment. Though these deleterious actions are often attributed to "states" during times of armed conflict, they are normally the result of military operations conducted by members of the military who are carrying out orders from military superiors. While many have proposed systemic changes that affect how states can or should be held responsible, few have commented on the process of holding individual military personnel or commanders responsible for battlefield acts of environmental damage. This paper argues that there are sufficient laws and regulations in place to hold individuals and commanders in the United States …

Making Politics De Minimis In The Political Process: The Unworkable Implications Of Cox V. Larios In State Legislative Redistricting And Reapportionment, James R. Dalton

BYU Law Review

No abstract provided.

Religious Organizations And Free Exercise: The Surprising Lessons Of Smith, Kathleen A. Brady

BYU Law Review

No abstract provided.

"Omalous" Autonomy, Perry Dane

BYU Law Review

No abstract provided.

Thoughts On Smith And Religious-Group Autonomy, Laura S. Underkuffler

BYU Law Review

No abstract provided.

Continuing The Lord's Work And Healing His People: A Reply To Professors Lupu And Tuttle, Mark E. Chopko

BYU Law Review

No abstract provided.

Separation, Neutrality, And Clergy Liability For Sexual Misconduct, William P. Marshall

BYU Law Review

No abstract provided.

An Itty· Bitty Immunity And Its Consequences For The Church Of Jesus Christ Of Latter·Day Saints: A Response To Professors Lupu And Tuttle, Cheryl B. Preston

BYU Law Review

No abstract provided.

Sexual Misconduct And Ecclesiastical Immunity, Ira C. Lupu, Robert W. Tuttle

BYU Law Review

No abstract provided.

Table Of Contents

BYU Law Review

No abstract provided.

Three Concepts Of Church Autonomy, Ronald R. Garet

BYU Law Review

No abstract provided.

Clark Memorandum: Fall 2004, J. Reuben Clark Law Society, J. Reuben Clark Law School

The Clark Memorandum

• On the Shoulders of Giants (Elder Boyd K. Packer)
• How Do We Practice Our Religion While We Practice? (Thomas B. Griffith)
• In His Own Words (Monte Stewart)
• The Essence of Lawyering in an Atmosphere of Faith (Kevin J Worthen)

Introduction, Kevin J. Worthen

BYU Law Review

No abstract provided.

Religious Institutions, The No-Harm Doctrine, And The Public Good, Marci A. Hamilton

BYU Law Review

No abstract provided.

The Autonomy Of Church And State, Brett G. Scharffs

BYU Law Review

No abstract provided.

Defending A Rule Of Institutional Autonomy On "No-Harm" Grounds, Mark Tushnet

BYU Law Review

No abstract provided.

The Voluntary Principle And Church Autonomy, Then And Now, Thomas C. Berg

BYU Law Review

No abstract provided.