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Table Of Contents

BYU Law Review

No abstract provided.

The Case For Empowering Quality Shareholders, Lawrence A. Cunningham

BYU Law Review

Anyone can buy stock in a public company, but not all shareholders are equally committed to a company’s long-term success. In an increasingly fragmented financial world, shareholders’ attitudes toward the companies in which they invest vary widely, from time horizon to conviction. Faced with indexers, short-term traders, and activists, it is more important than ever for businesses to ensure that their shareholders are dedicated to their missions. Today’s companies need "quality shareholders," as Warren Buffett called those who "load up and stick around," or buy large stakes and hold for long periods.

While scholars in recent years have extensively debated …

Taxing Parents: Welfarist Theories, Shannon Weeks Mccormack

BYU Law Review

The Internal Revenue Code (the "Code") taxes parents inequitably. Couples with a sole earner are undertaxed compared to couples with dual earners and to single parents. Legal tax scholarship (including my own) has identified the many inequities that result from this sole-earner bias and have called for its elimination. But while these arguments have been sufficient for some, they do remain susceptible to the criticism that they are theoretically incomplete.

That critique might proceed as follows. Simply establishing that an inequity exists does not create a full argument for legal reform. After all, it might be argued, the Code plays …

Utilitarian Triage In Disasters, Alyssa Nielsen

BYU Law Review

No abstract provided.

Netflix And (Tax) Bill: Retail Sales Taxation Of Services, Grace Stephenson Nielsen

BYU Law Review

No abstract provided.

Disparate Impact Claims And Punitive Damages: Justified Abrogation Of State Sovereign Immunity, Brad Stewart

BYU Law Review

No abstract provided.

State Of Utah, Plaintiff/Appellee V. Darren C. Bluemel, Defendant/Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Thomas brunker, Asst. Att. Gen , Attorney for Plaintiff- Appellee

Darren C. Bluemel, Pro Se Defendant - Appellant

H&P Lnvestments, Homer K. Cutrubus, And Phidia Cutrubus, Appellees V. Ilux Capital Management, Llc, F0rtius Financial Advisors, Llc, Roberto G. Buchanan, And Jeff M. Bollinger, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Second Judicial District Court, Weber County, Honorable Jennifer Valencia, District Court No. 140907033

James C. Lewis Chase Kimball LEWIS HANSEN PLESHE FLANDERS LLC Attorney for Appellees

Troy L. Booher (9419) Beth E. Kennedy (13771) Dick J. Baldwin (14587) Zimmerman Booher Attorney for Appellants

Mark Christopher Tracy Dba, Emigration Canyon Home Owners Association, Petitioner / Appellant, V. Simplifi Company, Jennifer Hawkes And Eric Hawkes, Respondents/Appellees : Brief Of Appellees, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the Third District Court, Salt Lake County, Judge Robert P. Faust, Case No. 200905123

JEREMY R. COOK TIMOTHY J. BYWATER TIMOTHY E. NIELSON Cohne Kinghorn P.C. Counsel for Appellees

MARK CHRISTOPHER TRACY Pro Se Appellant

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

Utah Court of Appeals Briefs (2020 –)

ON appeal from the Third Judicial Court, Summit County Honorable Kent Holmberg, District Court No. 170500337

Daniel F. Bertch, Caleb Bertch, Attorneys for Plaintiff/Appellant, Joseph E. Minnock, Attorneys for Defendant/Appellee Action Snow Plow and Lawn Care, Inc.

Jeremy Stuart, Nathanael J. Mitchell, Attorneys for Defendant/AppelleePrestige Senior Living Center, LLC

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

Utah Court of Appeals Briefs (2020 –)

Appeal from a Judgment of the Third Judicial District Court Summit County, Honorable Kent Holmberg

Daniel F. Bertch, Caleb C. Bertch, Attorneys for Appellant Peggy Zazetti, Erika Larsen, Jeremy Stuart, Attorneys for Appellant Prestige Senior Living Center, L.L.C.

Joseph E. Minnock, Attorneys for Appellee Action Snowplow and Lawn Care, Inс.

Canyon Advantage Llc And Breckenridge Property Fund 2016 Llc Appellees, V. Contract Management Serve., Iron Horse Fiducciaries, And Michael Van Leeuwen, Appellants : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

LOU G. HARRIS, ATTORNEY for APPELLANTS, MICHAEL J. VAN LEEUWEN, PRO-SE

SARA E. BOULEY, ATTORNEY for APPELLEES, JAMES DUNKELBERGER, RYAN MERRIMAN, ATTORNEY for APPELLEES

Vincent Meister, Appellant V. Salt Lake County, Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

APPEAL FROM A FINAL ORDER OF THE THIRD JUDICIAL DISTRICT COURT, SALT LAKE COUNTY, SALT LAKE CITY, STATE OF UTAH THE HON. SU CHON, CASE NO. 170907663

Jacque M. Ramos, David V. Pena, Counsel for the Appellee Salt Lake

Andrew W. Stavros, STAVROS LAW P.C., Counsel for the Appellant Vincent

State Of Utah, Plaintiff/ Appellee V. Jason Ronald Hulse, Defendant / Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from convictions for possession of a firearm by a restricted person, a second-degree felony, and destructive or injurious littering, a class-C misdemeanor, in the First Judicial District, Box Elder County, the Honorable Brandon J. Maynard presiding

LEAH J. ASTON, Counsel for Appellant

NATHAN H. JACK (17074), Assistant Solicitor General, SEAN D. REYES (7969), Utah Attorney General, BLAIR T. WARDLE, Box Elder County Attorney's Office, Counsel for Appellee

State Of Utah, Plaintiff/ Appellee V. Jason Ronald Hulse, Defendant / Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from convictions for possession of a firearm by a restricted person, a second-degree felony, and destructive or injurious littering, a class-C misdemeanor, in the First Judicial District, Box Elder County, the Honorable Brandon J. Maynard presiding

LEAH J. ASTON, Counsel for Appellant

NATHAN H. JACK, SEAN D. REYES, BLAIR T. WARDLE, Counsel for Appellee

Michael Earl Noel, Plaintiff / Appellee V. William Thomas James Respondent /Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the Sixth District Court, Kane County, of the order of a permanent civil stalking injunction from the EVIDENTIARY HEARING before the Honorable Marvin D. Bagley

Frank D. Mylar, Counsel for Appelle

William James, Pro se Appellant

Kent Smith, Chandra Smith, Edward M . Duke, Sharon P. Duke, And Timothy Syndergaard, Appellees /Petitioners V. David Zook, In His Capacity As The City Manager/ Recorder/ Local Clerk Of Nibley City, Appellee/ Respondent, And Return Development, Llc, Appellant / Intervenor-Respondent : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2021– )

Appeal from the First Judicial District Court, Cache County, Utah, from the final order of the Honorable Brian G. Cannell

Daniel K. Dygert, Attorney for Appellees/Petitioners Kent Smith, Chandra Smith, Edward M. Duke, Sharon P. Duke, and Timothy Syndergaard

David K. Broadbent, Christopher R. Hogle, Chelsea J. Davis, Attorneys for Appellant/Intervenor Respondent Return Development LLC

Knight Adjestment Bureau, A Utah Corporation, Appellant/ Plaintiff, V. Daniel Urman Dba Darwin 360 Inc. And Darwin 360 Inc., Appellee/ Defendant : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Jay V. Barney, Attorneys for Appellant/Plaintiff Knight Adjustment Bureau

Sean N. Egan, Attorney for Appellee/Defendant

A1 Pioneer Moving And Wcf Mutual Insurance Company Appellants/Respondents V. Utah Labor Commission And Viliami Pulu Appellees : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the Labor Commission of Utah

Joshua M. Woodbury, Esq. WCF MUTUAL INSURANCE COMPANY Attorney for Appellants Christopher T. Hill, Esq. UTAH LABOR COMMISSION Attorney for Appellee Utah Labor Commission

Tracy Olson, Esq. SMART SCHOFIELD SHORTER, P.C. Attorney for Appellee Viliami Pulu

Sysco Corp. And American Zurich Insurance Company, Appellant/Respondents V. Labor Commission And Paul Roberts, Appellee/Petitioner : Reply Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

REPLY BRIEF OF RESPONDENTS SYSCO CORP. AND AMERICAN ZURICH INSURANCE COMPANY

Brian Kelm Attorney for Petitioner Christopher C. Hill, General Counsel Counsel for Labor Commision

Brad J. Miller, #10478 Attorney for Respondents Pollart Miller LLC

Knight Adjestment Bureau, A Utah Corporation, Appellant/ Plaintiff, V. Daniel Urman Dba Darwin 360 Inc. And Darwin 360 Inc., Appellee/ Defendant : Appellant Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

JAY V. BARNEY, P.C, Attorneys for Appellant/Plaintiff Knight Adjustment Bureau

JAY V. BARNEY, P.C, Attorneys for Appellant/Plaintiff Knight Adjustment Bureau

Sean N. Egan, Attorney for Appellee/Defendant

Knight Adjestment Bureau, A Utah Corporation, Appellant/ Plaintiff, V. Daniel Urman Dba Darwin 360 Inc. And Darwin 360 Inc., Appellee/ Defendant : Appellant Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Jay V. Barney, Attorneys for Appellant/Plaintiff Knight Adjustment Bureau

Sean N. Egan, Attorney for Appellee/Defendant

Mark Christopher Tracy Dba, Emigration Canyon Home Owners Association, Petitioner / Appellant, V. Simplifi Company, Jennifer Hawkes And Eric Hawkes, Respondents/Appellees : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from Order Granting Motion to Dismiss Petition for de novo Judicial Review of the Denied Request for Access to Governmental Records Regarding Lead Contamination of a Public Drinking Water System entered in the Third Judicial District, Salt Lake County Division, the Honorable Robert P. Faust presiding No. 200905123 JEREMY R. COOKTIM E. NIELSON Cohne Kinghorn P.C. MARK CHRISTOPHER TRACY

JEREMY R. COOK TIM E. NIELSON Cohne Kinghorn P.C. Counsel for Appellees

MARK CHRISTOPHER TRACY Pro Se Appellant

Kent Smith, Chandra Smith, Edward M . Duke, Sharon P. Duke, And Timothy Syndergaard, Appellees /Petitioners V. David Zook, In His Capacity As The City Manager/ Recorder/ Local Clerk Of Nibley City, Appellee/ Respondent, And Return Development, Llc, Appellant / Intervenor-Respondent : Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2021– )

Appeal from the First Judicial District Court, Cache County, Utah, from the final order of the Honorable Brian G. Cannell

David K. Broadbent,, Christopher R. Hogle, Chelsea J. Davis, Attorneys for Appellant/Intervenor Respondent Return Development LLC

Daniel K. Dygert, Attorney for Appellees/Petitioners Kent Smith, Chandra Smith, Edward M. Duke, Sharon P. Duke, and Timothy Syndergaard

Book Review: Jordan Carson, American Exceptionalism As Religion: Postmodern Discontent., Lucy Williams

Faculty Scholarship

No abstract provided.

Hidden Bias In Empirical Textualism, Matthew C. Jennejohn, D. Carolina Nunez, Samuel Nelson

Faculty Scholarship

A new interpretive technique called “corpus linguistics” has exploded in use over the past five years from state supreme courts and federal courts of appeals to the U.S. Supreme Court. Corpus linguistics involves searching a large database, or corpus, of text to identify patterns in the way in which a certain term is used in context. Proponents of the method argue that it is a more “empirical” approach than referencing dictionaries to determine a word’s public meaning, which is a touchstone in originalist approaches to legal interpretation.

This Article identifies an important concern about the use of corpus linguistics in …

Cyber Due Diligence, Eric Talbot Jensen, Sean Watts

Faculty Scholarship

Due diligence—the notion that international law includes a duty to cease and remedy damage that emanates from a State’s territory—has been proposed as an international legal measure to temper destabilizing effects of harm from cyber infrastructure. Yet the extent to which States, particularly the United States, accept due diligence as either a principle of general international law or as a rule of conduct applicable to the context of cyberspace is not clear. This Article examines past and present U.S. experience with due diligence, both as a principle and rule of conduct in general international law. In light of U.S. foreign …

Dark Matter In The Law, D. Carolina Nunez

Faculty Scholarship

Not all law is written down. Sometimes, informal norms and expectations about what the law is or ought to be constrain behavior. Lawyers and legal commentators instinctively understand this concept and have written about it, but none have discussed the interaction or relationship between these unwritten norms—which I refer to as law’s “dark matter”—and traditional formal law, like case law and statutes—which I refer to as law’s “ordinary matter.” I venture into this overlooked relationship to reveal a fascinating and important dynamic that shapes the development of law.

In this article, I explore law’s dark matter by observing its effect …

The Missing D In U.S. Foreign Relations Law, David H. Moore

Faculty Scholarship

United States foreign relations law once subsisted on the outskirts of constitutional and international law. Now a recognized field of scholarship in its own right, foreign relations law addresses some of the most important questions of our time, such as whether the President may unilaterally conduct strikes against Iran or withdraw from the Paris Climate Agreement. For all its importance, however, U.S. foreign relations law has developed with blinders on. U.S. foreign policy embraces at least three Ds: defense, diplomacy, and development. Yet foreign relations law scholarship has approached the critical questions of the field almost exclusively through the lens …

Covid-19 And Its Impact(S) On Innovation, Clark Asay, Stephanie Plamondon Bair

Faculty Scholarship

In previous work, we explored how certain characteristics of adversity are often more conducive to innovation than others. In this Article, prepared as part of the Lee E. Teitelbaum Utah Law Review Symposium—The Law & Ethics of Medical Research, we review some of that work and apply it specifically to the COVID-19 context. We conclude by assessing certain policy implications in light of how the COVID-19 pandemic has both spurred and hindered innovation.