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Brigham Young University Law School

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Articles 31 - 60 of 940

Full-Text Articles in Law

“More Than A Chronological Fact”: Roper V. Simmons As An Argument For Moving Away From Zero-Tolerance Discipline And Toward Restorative Justice, Elisse Newey Nov 2019

“More Than A Chronological Fact”: Roper V. Simmons As An Argument For Moving Away From Zero-Tolerance Discipline And Toward Restorative Justice, Elisse Newey

Brigham Young University Education and Law Journal

No abstract provided.


David Scott Ipsen, Plaintiff/ Appellant V. Diamond Tree Experts Inc., Defendant/ Appellee, Utah Supreme Court Aug 2019

David Scott Ipsen, Plaintiff/ Appellant V. Diamond Tree Experts Inc., Defendant/ Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

REVIEW OF THE DECISION BY THE THIRD JUDICIAL DISTRICT COURT FOR SALT LAKE COUNTY GRANTING SUMMARY JUDGMENT HONORABLE ANDREW H. STONE, DISTRICT COURT JUDGE

Barbara K. Berrett, Zachary C. Meyers, Attorneys for Appellee Diamond Tree Experts Inc.

James L. Ahlstrom, Steven R. Glauser, Attorneys for Appellant David Scott Ipsen


The Medicare Problem: A Solution To Insolvency, Oscar Castro Aug 2019

The Medicare Problem: A Solution To Insolvency, Oscar Castro

Brigham Young University Journal of Public Law

No abstract provided.


David Scott Ipsen, Plaintiff/ Appellant V. Diamond Tree Experts, Inc., A Utah, Defendant/ Appellee : Brief Of Appellee, Utah Supreme Court Jul 2019

David Scott Ipsen, Plaintiff/ Appellant V. Diamond Tree Experts, Inc., A Utah, Defendant/ Appellee : Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from the Utah Court of Appeals

Barbara K. Berrett, Zachary C. Myers, BERRETT & ASSOCIATES, L.C., Attorneys for Appellee diamond Tree Experts, Inc.

James L. Ahlstrom, Steven R. Glauser, PARR BROWN GEE & LOVELESS, P.C. Attorneys for Appellant David Scott Ipsen


The Federal Role In Universal Pre-K, Brian Mcwalters Mar 2019

The Federal Role In Universal Pre-K, Brian Mcwalters

Brigham Young University Education and Law Journal

No abstract provided.


Notice And Consent: A Healthy Balance Between Privacy And Innovation For Wearables, Greg L. Johnson Feb 2019

Notice And Consent: A Healthy Balance Between Privacy And Innovation For Wearables, Greg L. Johnson

Brigham Young University Journal of Public Law

No abstract provided.


Bias, Employment Discrimination, And Black Women's Hair: Another Way Forward, Crystal Powell Feb 2019

Bias, Employment Discrimination, And Black Women's Hair: Another Way Forward, Crystal Powell

BYU Law Review

No abstract provided.


State Of Utah, Plaintiff/Appellee, V. David Bryce Jones, Defendant/Appellant : Brief Of Appellee, Utah Court Of Appeals Feb 2019

State Of Utah, Plaintiff/Appellee, V. David Bryce Jones, Defendant/Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Brief of Appellee

Appeal from convictions for abuse, neglect, or exploitation of
a vulnerable adult, a second-degree felony, and unlawful
dealing of property by fiduciary, a second-degree felony, in
the Third Judicial District, Salt Lake County, the Honorable
James T. Blanch presiding


The Games They Will Play: Tax Games, Roadblocks, And Glitches Under The 2017 Tax Legislation, David Kamin, David Gamage, Rebecca Kysar, Darien Shanske, Reuven Avi-Yonah, Lily Batchelder, J. Clifton Clifton Fleming Jr., Daniel Hemel, Mitchell Kane, David Miller, Daniel Shaviro, Manoj Viswanathan Jan 2019

The Games They Will Play: Tax Games, Roadblocks, And Glitches Under The 2017 Tax Legislation, David Kamin, David Gamage, Rebecca Kysar, Darien Shanske, Reuven Avi-Yonah, Lily Batchelder, J. Clifton Clifton Fleming Jr., Daniel Hemel, Mitchell Kane, David Miller, Daniel Shaviro, Manoj Viswanathan

Faculty Scholarship

The 2017 tax legislation brought sweeping changes to the rules for taxing individuals and business, the deductibility of state and local taxes, and the international tax regime. The complex legislation was drafted and passed through a rushed and secretive process intended to limit public comment on one of the most consequential pieces of domestic policy enacted in recent history. This Article is an effort to supply the analysis and deliberation that should have accompanied the bill’s consideration and passage and describes key problem areas in the new legislation. Many of the new changes fundamentally undermine the integrity of the tax …


State Of Utah, Plaintiff/Appellee, V. Steven Norman Powell, Defendant/Appellant : Brief Of Appellant, Utah Court Of Appeals Dec 2018

State Of Utah, Plaintiff/Appellee, V. Steven Norman Powell, Defendant/Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLANT

On appeal from the Third Judicial District Court, Salt Lake County,
Honorable Mark Kouris, presiding
Defendant is incarcerated


The State Of Utah, Plaintiff/Appellee, V. Jeremy Bowden, Defendant/Appellant. : Brief Of Appellee, Utah Court Of Appeals Dec 2018

The State Of Utah, Plaintiff/Appellee, V. Jeremy Bowden, Defendant/Appellant. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Brief of Appellee

Appeal from convictions for attempted aggravated murder, a
first degree felony; receiving a stolen vehicle and obstruction
of justice, both second degree felonies; four counts of
discharging a firearm, all third degree felonies; and failure to
stop at the command of law enforcement, a class A
misdemeanor, in the Third Judicial District, Salt Lake County,
the Honorable Douglas Hogan presiding


A Reflection On The Recent Nigerian Legislation Against Same Sex Marriage Vis-À-Vis Rising Gay Activism In The Western World, Larry O. C. Chukwu Sep 2018

A Reflection On The Recent Nigerian Legislation Against Same Sex Marriage Vis-À-Vis Rising Gay Activism In The Western World, Larry O. C. Chukwu

Brigham Young University Journal of Public Law

The Same Sex Marriage (Prohibition) Act recently enacted by Nigeria criminalizes marriage or civil union between persons of the same sex; solemnization of same sex marriage or civil union or witnessing, aiding or abetting the same; registration, operation, membership or support of gay clubs; pub lic show of same sex amorous relationship and related matters. Each of these offences attracts a long term of imprisonment. The Act was enacted in bold defiance of threats of economic and political sanctions by the Western powers against any developing cou ntry that enacts anti - gay legislation. This paper analyzes the Act against …


Center-Left Politics And Corporate Governance: What Is The "Progressive" Agenda?, Christopher M. Bruner Sep 2018

Center-Left Politics And Corporate Governance: What Is The "Progressive" Agenda?, Christopher M. Bruner

BYU Law Review

No abstract provided.


The State Of Utah, Plaintiff/Appellee, V. Jeremy Bowden, Defendant/Appellant : Reply Brief, Utah Court Of Appeals Dec 2017

The State Of Utah, Plaintiff/Appellee, V. Jeremy Bowden, Defendant/Appellant : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

REPLY BRIEF OF APPELLANT

Appeal from a judgment of conviction for one count of Attempted Aggravated
Murder, a first degree felony, in violation of Utah Code 76-5-202, one count of
Receiving or Transferring Stolen Motor Vehicle, Trailer, or Semitrailer, a second
degree felony, in violation of Utah Code 41-1a-1316, one count of Obstructing
Justice, a second degree felony, in violation of Utah Code 76-8-306(1),four
counts of Felony Discharge of Firearm, a third degree felony, in violation of Utah
Code 76-10-508.1, and one count of Fail to Stop at Command of Law Officer, a
class A misdemeanor, in violation of Utah …


State Of Utah, Plaintiff/Appellee, V. David Bryce Jones, Defendant/Appellant. : Brief Of Appellee, Utah Court Of Appeals Dec 2017

State Of Utah, Plaintiff/Appellee, V. David Bryce Jones, Defendant/Appellant. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Brief of Appellee

Appeal from convictions for abuse, neglect, or exploitation of
a vulnerable adult, a second-degree felony, and unlawful
dealing of property by fiduciary, a second-degree felony, in
the Third Judicial District, Salt Lake County, the Honorable
James T. Blanch presiding


Clark Memorandum: Fall 2017, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society Oct 2017

Clark Memorandum: Fall 2017, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society

The Clark Memorandum


What Happens In Delaware Need Not Stay In Delaware: How Trulia Can Strengthen Private Enforcement Of The Federal Securities Laws, Ryan Lewis May 2017

What Happens In Delaware Need Not Stay In Delaware: How Trulia Can Strengthen Private Enforcement Of The Federal Securities Laws, Ryan Lewis

BYU Law Review

Class-action lawsuits have been used by private plaintiffs to enforce the federal securities laws since those laws were enacted in the 1930s. With the SEC retaining concurrent authority to enforce federal securities laws, a debate has emerged as to whether the private right of action helps or hinders public enforcement. The primary criticism of private securities litigation is that rent-seeking attorneys abuse the system by bringing frivolous litigation aimed at achieving a settlement and a fee. In the public merger context, the potentially disastrous consequences of failing to close an announced deal on time make corporations eager to settle potentially …


Drought By Fifth Amendment: Debunking Water Rights As Real Property Comments, Jacqueline Carlton Apr 2017

Drought By Fifth Amendment: Debunking Water Rights As Real Property Comments, Jacqueline Carlton

Brigham Young University Journal of Public Law

No abstract provided.


Undressing Naked Economic Protectionism, Rational Basis Review, And Fourteenth Amendment Equal Protection, Robert M. Ahlander Feb 2017

Undressing Naked Economic Protectionism, Rational Basis Review, And Fourteenth Amendment Equal Protection, Robert M. Ahlander

BYU Law Review

No abstract provided.


Bank Of America, N.A., Plaintiff-Appellant, V. Loraine Sundquist And John Doe/Jane Doe/Occupant Doug Kahler, An Individual, Defendants-Appellees., Utah Court Of Appeals Jan 2017

Bank Of America, N.A., Plaintiff-Appellant, V. Loraine Sundquist And John Doe/Jane Doe/Occupant Doug Kahler, An Individual, Defendants-Appellees., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

On Appeal from the Third District Court, Salt Lake County Case No. 110408730 EV (Judge Bruce C. Lubeckj


Utah Department Of Transportation, Appellee-Petitioner­ Cross-Respondent V. Coalt, Inc.,Appellant-Respondent­ Cross-Petitioner : Brief Of Petitioner Utah Department Of Transportation Jan 2017

Utah Department Of Transportation, Appellee-Petitioner­ Cross-Respondent V. Coalt, Inc.,Appellant-Respondent­ Cross-Petitioner : Brief Of Petitioner Utah Department Of Transportation

Utah Supreme Court Briefs (1965 –)

On writ of certiorari to the Utah Court of Appeals


Wittingham, Llc, A Utah Limited Liability Company; The Mu1r Second Family Limited Partnership; A Dissolved Utah Limited Partnership, And Dorothy Jeanne Muir, Respondents, V. Tnelimited Partnership, A Utah Limited Partnership~ Ga Vin Dickson; Bruce J. Malcolm, Individually And As Trustee Of The Bruce J. Malcolm Trust, Maureen H. Malcolm, Trustee Of The Maureen H. Malcolm Trust; Daniel J. Torkelson, Trustee; William Nicholas Muir; Trillv.Lp Security Llc, A Utah Limited Liability Company; Mario Ozuna; Dwight Egan; :Michael Snow; Brett Candiotti; Tod Debie, Ashton Gifford, Juliana Keller, Mario Naujoks, And Stephen Hawkes,, Utah Supreme Court Jan 2017

Wittingham, Llc, A Utah Limited Liability Company; The Mu1r Second Family Limited Partnership; A Dissolved Utah Limited Partnership, And Dorothy Jeanne Muir, Respondents, V. Tnelimited Partnership, A Utah Limited Partnership~ Ga Vin Dickson; Bruce J. Malcolm, Individually And As Trustee Of The Bruce J. Malcolm Trust, Maureen H. Malcolm, Trustee Of The Maureen H. Malcolm Trust; Daniel J. Torkelson, Trustee; William Nicholas Muir; Trillv.Lp Security Llc, A Utah Limited Liability Company; Mario Ozuna; Dwight Egan; :Michael Snow; Brett Candiotti; Tod Debie, Ashton Gifford, Juliana Keller, Mario Naujoks, And Stephen Hawkes,, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

TNE LIMITED PARTNERSHIP'S REPLY BRIEF OF PETITIONER AND RESPONSE TO CROSS-PETITION Supreme Court No. 20160805 Court of Appeals No. 201407 51 Civil No. 090700547


State Of Utah, Petitioner/Cross-Respondent, V . Thomas Randall Ainsworth, Respondent/Cross-Petitioner., Utah Supreme Court Jan 2017

State Of Utah, Petitioner/Cross-Respondent, V . Thomas Randall Ainsworth, Respondent/Cross-Petitioner., Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

No abstract provided.


South Salt Lake City, Plaintiff And Appellee, V. Steven Maese, Defendant And Appellant : Brief Of Appellant, Utah Court Of Appeals Dec 2016

South Salt Lake City, Plaintiff And Appellee, V. Steven Maese, Defendant And Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Brief of Appellant

Appeal from convictions of Failure to Signal for Two Seconds, a class C
misdemeanor under Utah Code 41-6a-804(1) (2013), and Failure to Obey
a Traffic Control Device, a class C misdemeanor under Utah Code 41-6a-
304 (2013), both reduced to infractions upon the City's motion.

This judgment was entered in the Third Judicial District Court, Salt Lake
Department, the Honorable Randall Skanchy presiding.

The Appellant is not incarcerated.

ORAL ARGUMENTS REQUESTED


South Salt Lake City, Plaintiff And Appellee, -V- S. Steven Maese, Defendant And Appellant. : Brief Of Appellant, Utah Court Of Appeals Dec 2016

South Salt Lake City, Plaintiff And Appellee, -V- S. Steven Maese, Defendant And Appellant. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Brief of Appellant

Appeal from convictions of Failure to Signal for Two Seconds, a class C
misdemeanor under Utah Code 41-6a-804(1) (2013), and Failure to Obey
a Traffic Control Device, a class C misdemeanor under Utah Code 41-6a-
304 (2013), both reduced to infractions upon the City's motion.

This judgment was entered in the Third Judicial District Court, Salt Lake
Department, the Honorable Randall Skanchy presiding.

The Appellant is not incarcerated.

ORAL ARGUMENTS REQUESTED


Fur Breeders Agricultural Cooperative, (Employer No. 002612-0). Petitioner/Appellant, Vs. Department Of Workforce Services, Workforce Appeals Board, Respondent/Appelle. : Brief Of Appellant, Utah Court Of Appeals Dec 2016

Fur Breeders Agricultural Cooperative, (Employer No. 002612-0). Petitioner/Appellant, Vs. Department Of Workforce Services, Workforce Appeals Board, Respondent/Appelle. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLANT

APPEAL
Appeal from Decision of Workforce Appeals Board
Department of Workforce Services


State Of Utah, Plaintiff/Petitioner, V Ahn Tuam Pham, Defendant/Petitioner, Utah Supreme Court Dec 2016

State Of Utah, Plaintiff/Petitioner, V Ahn Tuam Pham, Defendant/Petitioner, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

On Writ of Certiorari to the Utah Court of Appeals


Fur Breeders Agricultural Cooperative, (Employer No. 002612-0). Petitioner/Appellant, Vs. Department Of Workforce Services, Workforce Appeals Board, Respondent/Appellee. : Reply Brief, Utah Court Of Appeals Dec 2016

Fur Breeders Agricultural Cooperative, (Employer No. 002612-0). Petitioner/Appellant, Vs. Department Of Workforce Services, Workforce Appeals Board, Respondent/Appellee. : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

REPLY BRIEF OF APPELLANT

APPEAL
Appeal from Decision of Workforce Appeals Board
Department of Workforce Services


State Of Utah, Plaintiff/Petitioner, V. Thomas Randall Ainsworth, Defendant/Respondent., Utah Supreme Court Dec 2016

State Of Utah, Plaintiff/Petitioner, V. Thomas Randall Ainsworth, Defendant/Respondent., Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

On Writ of Certiorari to the Utah Court of Appeals


Gorl:>Ondooglas Womack, Petitioner!Appellani,' Vs. , St:J\Cy Lee'. Womack Lea Vitt And Nicholle Womack }Ibndrjcksoni, Respo11dents/ Ap,Pellees., Utah Supreme Court Dec 2016

Gorl:>Ondooglas Womack, Petitioner!Appellani,' Vs. , St:J\Cy Lee'. Womack Lea Vitt And Nicholle Womack }Ibndrjcksoni, Respo11dents/ Ap,Pellees., Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

WRIT OF CERTIORARI·OF THE UTAH COURT OF APPEAL'S