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Brigham Young University Law School

2014

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Articles 31 - 60 of 177

Full-Text Articles in Law

State Of Utah, Plaintiff/ Appellee, V. Cooper John Anthony Van Huizen Defendant/ Appellant., Utah Court Of Appeals Dec 2014

State Of Utah, Plaintiff/ Appellee, V. Cooper John Anthony Van Huizen Defendant/ Appellant., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

Appeal from the bindover order entered by the Second District Juvenile Court, the Honorable Michelle Heward presiding, transferring Cooper John Anthony Van Huizen to the District Court, the Honorable Ernie Jones presiding, pursuant to the Serious Youth Offender statute, see Utah Code§ 78A-6-702 (2013).


Federated Capital Corp. D.B.A. Federated Financial Corp. Of America, Plaintiff/Appellant, Vs. James Shaw, Dba Alpha Blinds Dist, Defendant/Appellee. : Brief Of Appellee, Utah Court Of Appeals Dec 2014

Federated Capital Corp. D.B.A. Federated Financial Corp. Of America, Plaintiff/Appellant, Vs. James Shaw, Dba Alpha Blinds Dist, Defendant/Appellee. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

BRIEF OF APPELLEE

APPEAL FROM THE THIRD JUDICIAL DISTRICT COURT, SALT LAKE
COUNTY, STATE OF UTAH, THE HONORABLE DENISE P. LINDBERG,
DISTRICT COURT NO. 139910356.


Heal Utah, Et. Al., Plaintiffs/Appellants, V. Kane County Water Conservancy District, Et. Al. Defendant/Appellees., Utah Court Of Appeals Dec 2014

Heal Utah, Et. Al., Plaintiffs/Appellants, V. Kane County Water Conservancy District, Et. Al. Defendant/Appellees., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

An appeal from a judgment of the Seventh District Court sitting without a jury Judge George M. Hatmond, Jr.


Ruth B. Hardy Revocable Trust; Delcon Corporation Profit Sharing Plan Fbo A. Wesley Hardy; Finesse P.S.P.; Mjs Real Properties Llc; Uintah Investments, Llc; David D. Smith; Steven Condie; David L. Johnson; Berrett Psp; Vw Professional Homes Psp; Ty Thomas; And D.R.P. Management Psp, Plaintiffs And Appellants, Vs. Mark Lee, Trustee Of The Rindlesbach Construction Inc. Profit Sharing Plan And Mark Lee Rindlesbach, Individually; Defendants And Appellees : Brief Of Appellants, Utah Court Of Appeals Dec 2014

Ruth B. Hardy Revocable Trust; Delcon Corporation Profit Sharing Plan Fbo A. Wesley Hardy; Finesse P.S.P.; Mjs Real Properties Llc; Uintah Investments, Llc; David D. Smith; Steven Condie; David L. Johnson; Berrett Psp; Vw Professional Homes Psp; Ty Thomas; And D.R.P. Management Psp, Plaintiffs And Appellants, Vs. Mark Lee, Trustee Of The Rindlesbach Construction Inc. Profit Sharing Plan And Mark Lee Rindlesbach, Individually; Defendants And Appellees : Brief Of Appellants, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

Appeal from the Order of Dismissal as to Mark Lee Rindlesbach Individually, dated December 4, 2012 , in the Third District Court, Salt Lake County, Utah, the Honorable Deno Himonas Presiding.


Heal Utah, A Utah Non-Profit Organization, Et Al., Plaintiffs And Appellants, Vs. Kane County Water Conservancy District, A Utah Water Conservancy District, Et. Al. Defendant And Appellees., Utah Court Of Appeals Dec 2014

Heal Utah, A Utah Non-Profit Organization, Et Al., Plaintiffs And Appellants, Vs. Kane County Water Conservancy District, A Utah Water Conservancy District, Et. Al. Defendant And Appellees., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

BRIEF OF APPELLEE UTAH STATE ENGINEER


Jimmy Dean Meinhard V. State Of Utah : Reply Brief Of Appellant, Utah Supreme Court Dec 2014

Jimmy Dean Meinhard V. State Of Utah : Reply Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

On appeal from the Third Judicial District Court, Salt Lake County, Honorable L.A. Dever, District Court No. 130900232


State Of Utah, Appellee, V. Lane D. Bird, Appellant., Utah Court Of Appeals Dec 2014

State Of Utah, Appellee, V. Lane D. Bird, Appellant., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

ON APPEAL TO THE UTAH COURT OF APPEALS FROM .A JUDGMENT ENTERED BY THE FIFTH DISTRICT JUDICIAL COURT, IN AND FOR IRON COUNTY, STATE OF UTAH


Michael S. Robinson, Plaintiff/Appellant, Vs. Jones Waldo Holbrook & Mcdonough, P.C.; Stephen C. Clark, And Melissa M. Bean, Defendants/Appellees, Utah Court Of Appeals Dec 2014

Michael S. Robinson, Plaintiff/Appellant, Vs. Jones Waldo Holbrook & Mcdonough, P.C.; Stephen C. Clark, And Melissa M. Bean, Defendants/Appellees, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

Appeal from the Third Judicial District Court, Salt Lake County, Utah, Honorable Charlene Barlow, Presiding


Weiman Ha, Muoi Ha, And Olivia Ha, A Majority Of Shareholders Of Southeast Supermarket, Inc. Appellants/Plaintiffs, Vs. Coung Si Trang, Director For Southeast Supermarket Inc., And Silvia Trang, Secretary For Southeast Supermarket, Inc., Appellees/Defendants, Utah Court Of Appeals Dec 2014

Weiman Ha, Muoi Ha, And Olivia Ha, A Majority Of Shareholders Of Southeast Supermarket, Inc. Appellants/Plaintiffs, Vs. Coung Si Trang, Director For Southeast Supermarket Inc., And Silvia Trang, Secretary For Southeast Supermarket, Inc., Appellees/Defendants, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

No abstract provided.


Surveillant And Counselor: A Reorientation In Compliance For Broker-Dealers, James A. Fanto Nov 2014

Surveillant And Counselor: A Reorientation In Compliance For Broker-Dealers, James A. Fanto

BYU Law Review

This Article argues that the compliance officer should play a major role in the ongoing reform of broker-dealers and other financial firms. This role is facilitated by the fact that compliance is now well established and accepted and compliance officers are close to decision making at all levels of a firm. The contention is that the role of compliance must be rethought and reoriented if it is to contribute fully to the reform. Compliance officers now ensure that the firms and their employees comply with the numerous laws and regulations governing them and their activities, primarily by producing and then …


Table Of Contents Nov 2014

Table Of Contents

BYU Law Review

No abstract provided.


Shareholder Activism As A Corrective Mechanism In Corporate Governance, Paul Rose, Bernard S. Sharfman Nov 2014

Shareholder Activism As A Corrective Mechanism In Corporate Governance, Paul Rose, Bernard S. Sharfman

BYU Law Review

Under an Arrowian framework, centralized authority and management provides for optimal decision making in large organizations. However, Kenneth Arrow also recognized that other elements within the organization, beyond the central authority, occasionally may have superior information or decision-making skills. In such cases, such elements may act as a corrective mechanism within the organization. In the context of public companies, this Article finds that such a corrective mechanism comes in the form of hedge fund activism, or, more accurately, offensive shareholder activism.

Offensive shareholder activism operates in the market for corporate influence, not control. Consistent with a theoretical framework that protects …


Patent Claim Interpretation Review: Deference Or Correction Driven?, Christopher A. Cotropia Nov 2014

Patent Claim Interpretation Review: Deference Or Correction Driven?, Christopher A. Cotropia

BYU Law Review

This Article examines the Federal Circuit’s review of claim constructions by lower tribunals to determine whether the Federal Circuit defers to lower court constructions or is making its own, independent determination as to the “correct” construction and ultimate result in the case.

The data collected from 2010 to 2013 indicates that the Federal Circuit affirms about 75% of lower court claim interpretations. While this finding is itself surprising, even more surprising is that these reviews do not appear to be driven by deference. Instead, the Federal Circuit is less likely to correct constructions that resulted in a patentee loss below, …


The Creation Of Hipaa Culture: Prioritizing Privacy Paranoia Over Patient Care, Jessica Jardine Wilkes Nov 2014

The Creation Of Hipaa Culture: Prioritizing Privacy Paranoia Over Patient Care, Jessica Jardine Wilkes

BYU Law Review

No abstract provided.


When Conditions Go Bad: An Examination Of The Problems Inherent In The Conditional Use Permitting System, Jacob Green Nov 2014

When Conditions Go Bad: An Examination Of The Problems Inherent In The Conditional Use Permitting System, Jacob Green

BYU Law Review

No abstract provided.


Teaching “Thinking Like A Lawyer”: Metacognition And Law Students, Cheryl B. Preston, Penée Wood Stewart, Louise R. Moulding Nov 2014

Teaching “Thinking Like A Lawyer”: Metacognition And Law Students, Cheryl B. Preston, Penée Wood Stewart, Louise R. Moulding

BYU Law Review

No abstract provided.


Americanwest Bank, Formerly Known As Far West Bank V Sandy G. Kellin : Brief Of Appellant, Utah Court Of Appeals Nov 2014

Americanwest Bank, Formerly Known As Far West Bank V Sandy G. Kellin : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

APPEAL FROM THE THIRD DISTRICT COURT FOR SUMMIT COUNTY, UTAH, JUDGE TODD M. SHAUGNESSY


Todd Wayne Mulder, Plaintiff/Appellant, Vs. State Of Utah, Defendant/Appellee, Utah Court Of Appeals Nov 2014

Todd Wayne Mulder, Plaintiff/Appellant, Vs. State Of Utah, Defendant/Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

Petitioner Todd Wayne Mulder appeals the dismissal of his past-conviction petition. This court has jurisdiction under Utah Code Annotated §78-A-103(2)(j)(West Supp. 2012.)


West Valley City, Petitioner, -V.- John Coyle And West Valley City Civil Service Commission, Respondents., Utah Court Of Appeals Nov 2014

West Valley City, Petitioner, -V.- John Coyle And West Valley City Civil Service Commission, Respondents., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

APPEAL FROM THE MAY 15, 2014 DECISION AND ORDER OF THE WEST VALLEY CITY CIVIL SERVICE COMMISSION


"Standing" On Formality: Hollingsworth V. Perry And The Efficacy Of Direct Democracy In The United States, Matthew Melone, George A. Nation Iii Nov 2014

"Standing" On Formality: Hollingsworth V. Perry And The Efficacy Of Direct Democracy In The United States, Matthew Melone, George A. Nation Iii

Brigham Young University Journal of Public Law

No abstract provided.


Symbolic Politics For Disempowered Communities: State Environmental Justice Policies, Tonya Lewis, Jessica Owley Nov 2014

Symbolic Politics For Disempowered Communities: State Environmental Justice Policies, Tonya Lewis, Jessica Owley

Brigham Young University Journal of Public Law

No abstract provided.


2014 Byu Law School Annual Report, J. Reuben Clark Law School Nov 2014

2014 Byu Law School Annual Report, J. Reuben Clark Law School

The BYU Advocate (& Annual Reports)

No abstract provided.


Frontmatter Nov 2014

Frontmatter

Brigham Young University Journal of Public Law

No abstract provided.


What Color Is The Number Seven? Category Mistakes Analysis And The "Legislative/Non-Legislative" Distinction, John Martinez Nov 2014

What Color Is The Number Seven? Category Mistakes Analysis And The "Legislative/Non-Legislative" Distinction, John Martinez

Brigham Young University Journal of Public Law

No abstract provided.


War Over Words: Reinterpreting "Hostilities" And The War Powers Resolution, Eileen Burgin Nov 2014

War Over Words: Reinterpreting "Hostilities" And The War Powers Resolution, Eileen Burgin

Brigham Young University Journal of Public Law

No abstract provided.


Justice As A Luxury? The Inefficacy Of Middle Class Pro Se Litigation And Exploring Unbundling As A Partial Solution, Deborah Beth Medows Nov 2014

Justice As A Luxury? The Inefficacy Of Middle Class Pro Se Litigation And Exploring Unbundling As A Partial Solution, Deborah Beth Medows

Brigham Young University Journal of Public Law

No abstract provided.


Essay: Philemon, Marbury, And The Passive-Aggressive Assertion Of Legal Authority, Paul J. Larkin Jr. Nov 2014

Essay: Philemon, Marbury, And The Passive-Aggressive Assertion Of Legal Authority, Paul J. Larkin Jr.

Brigham Young University Journal of Public Law

No abstract provided.


Eric Holder's Recent Curtailment Of Mandatory Minimum Sentencing, Its Implications, And Prospects For Effective Reform, Alan Dahl Nov 2014

Eric Holder's Recent Curtailment Of Mandatory Minimum Sentencing, Its Implications, And Prospects For Effective Reform, Alan Dahl

Brigham Young University Journal of Public Law

No abstract provided.


Asset Acceptance, Llc, Plaintiff/Appellee Vs. Edison Guimaraes, An Individual, Defendant/Appellant, Utah Court Of Appeals Oct 2014

Asset Acceptance, Llc, Plaintiff/Appellee Vs. Edison Guimaraes, An Individual, Defendant/Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

Appeal from final judgment of the Second Judicial District Court, Farmington Department, Davis County, State of Utah, the Honorable David Connors, presiding.


Think Of The Children: How The Role Of Students In The Classroom Informs Future Applications Of Garcetti V. Ceballos In Academic Contexts, Aaron Worthen Oct 2014

Think Of The Children: How The Role Of Students In The Classroom Informs Future Applications Of Garcetti V. Ceballos In Academic Contexts, Aaron Worthen

BYU Law Review

No abstract provided.