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Brigham Young University Law School

2005

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Articles 841 - 851 of 851

Full-Text Articles in Law

Raymond William Madsen V. Linda Diane Madsen : Brief Of Appellee, Utah Court Of Appeals Jan 2005

Raymond William Madsen V. Linda Diane Madsen : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPELLEE'S BRIEF APPEAL FROM THE FOURTH DISTRICT COURT UTAH COUNTY Honorable Judge James R. Taylor.


Raymond William Madsen V. Linda Diane Madsen : Reply Brief, Utah Court Of Appeals Jan 2005

Raymond William Madsen V. Linda Diane Madsen : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Appellate Case No.: 20050139 District Ct. No. 024402853 DA Oral Argument Requested - Priority 15 APPELLANT'S REPLY BRIEF APPEAL FROM THE FOURTH DISTRICT COURT UTAH COUNTY Honorable Judge James R. Taylor.


Madsen V. Madsen : Brief Of Appellant, Utah Court Of Appeals Jan 2005

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

Utah Court of Appeals Briefs (1996–2006)

No abstract provided.


State Of Utah V. Douglas Troy Mcginnis : Brief Of Appellant, Utah Court Of Appeals Jan 2005

State Of Utah V. Douglas Troy Mcginnis : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

AN APPEAL FROM THE EIGHTH JUDICIAL DISTRICT COURT, CONVICTION OF ONE COUNT OF POSSESSION OF A CONTROLLED SUBSTANCE, METHAMPHETAMINE, A THIRD DEGREE FELONY, AND ONE COUNT ATTEMPTED POSSESSION OF THE SAME, A CLASS A MISDEMEANOR, BOTH VIOLATIONS OF UTAH CODE ANNOTATED § 58-37-8; TWO COUNTS OF DRIVING ON A REVOKED OR SUSPENDED LICENSE, CLASS C MISDEMEANOR, VIOLATION OF UTAH CODE ANNOTATED §53-3-27; TWO COUNTS OF POSSESSION OF DRUG PARAPHERNALIA, A CLASS B MISDEMEANOR, VIOLATION OF UTAH CODE ANNOTATED§58-37A-5; AND ONE COUNT EACH OF FOLLOWING TOO CLOSE TO ANOTHER VEHICLE AND NO PROOF OF SECURITY BOTH CLASS C MISDEMEANORS VIOLATING UTAH …


State Of Utah V. Joshua Herschi : Brief Of Appellant, Utah Court Of Appeals Jan 2005

State Of Utah V. Joshua Herschi : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

DEFENDANT'S APPEAL OF DENIAL OF MOTION TO SUPPRESS ENTERED BY THE FIRST DISTRICT COURT OF CACHE COUNT, UTAH THE HONORABLE THOMAS L. WILLMORE, PRESIDING.


Religious Experience In The Age Of Digital Reproduction, Frederick Mark Gedicks, Roger Hendrix Jan 2005

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 …


The Permissible Scope Of Legal Limitations On The Freedom Of Religion Or Belief In The United States, Frederick Mark Gedicks Jan 2005

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 …


Eagle Feathers And Equality: Lessons On Religious Exceptions From The Native American Experience, Kevin J. Worthen Jan 2005

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 …


Suitability Claims And Unrecommended Securities Purchases: An Agency Theory Of Broker-Dealer Liability, Frederick Mark Gedicks Jan 2005

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 …


Questioning The Rule Of Capture Metaphor For Nineteenth Century Public Land Law: A Look At R.S. 2477, James R. Rasband Jan 2005

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 Jan 2005

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.