Law Commons^™

Cyber Pillage, Christopher Greulich, Eric Talbot Jensen

Faculty Scholarship

Despite its historically narrow application under International law, in today’s digital age, usage of the term “pillage” has expanded to include the theft of intellectual property carried out by cyber means. The modern usage notwithstanding, it appears the law of armed conflict still limits liability for pillage to the non-consensual takings of public or private property by members of armed forces and affiliated non-state actors during armed conflict for private or personal use. This article applies the historical perspective to modern cyber activities, including those on and off the battlefield, and clarifies that while many activities do not rise to …

Autonomy And Precautions In The Law Of Armed Conflict, Eric Talbot Jensen

Faculty Scholarship

Already a controversial topic, legal debate and broader discussions concerning the amount of human control required in the employment of autonomous weapons—including autonomous cyber capabilities—continues. These discussions, particularly those taking place among States that are Parties to the 1980 Certain Conventional Weapons Convention, reveal a complete lack of consensus on the requirement of human control and serve to distract from the more important question with respect to autonomy in armed conflict: under what conditions could autonomous weapons “select” and “attack” targets in a manner that complies with the law of armed conflict (LOAC).

This article analyzes the specific LOAC rules …

The (Erroneous) Requirement For Human Judgment (And Error) In The Law Of Armed Conflict, Eric Talbot Jensen

Faculty Scholarship

One of the most intriguing and important discussions in international law today is the potential impact of emerging technologies on the law of armed conflict (LOAC), including weapons that incorporate machine learning and/or artificial intelligence. Because one of the likely characteristics of these advanced weapons would be the ability to make decisions implicating life and death on the battlefield, these discussions have highlighted a fundamental question concerning the LOAC: does the law regulating armed conflict require human input in selecting and engaging targets or can that decision be made without human input? This article analyzes views expressed by scholars and …

The Freedom Of Speech-Conduct, John Fee

Faculty Scholarship

Part I sets up the fundamental tension between the Supreme Court's celebrated line of decisions recognizing expressive conduct as speech and its reasons for refusing to recognize all forms of communicative behavior as speech, showing that both sets of motivating concerns are valid (even if misunderstood). Part II explores the traditional method of resolving this tension by measuring the expressiveness individual behavior, concluding that none of the various tests and criteria the Court has used can sensibly reconcile the competing concerns of Part I. Parts III, IV, and V propose and develop an alternative state-action-based approach for assigning levels of …

A No-Contest Discharge For Uncollectible Student Loans, Matthew Bruckner, Brook Emerald Gotberg, Dalié Jiménez, Chrystin Ondersma

Faculty Scholarship

Over forty-four million Americans owe more than $1.6 trillion in student loan debt. This debt is nearly impossible to discharge in bankruptcy. Attempting to do so may require costly and contentious litigation with the Department of Education. And because the Department typically fights every case, even initial success can be followed by years of appeals. As a result, few student loan borrowers attempt to discharge their student loan debt in bankruptcy.

In this Article, we call on the Department of Education to develop a set of ten easily ascertainable and verifiable circumstances in which it will not contest a debtor’s …

Braided Agreements And The New Frontiers Of Relational Contract Theory, Matthew Jennejohn

Faculty Scholarship

This Article, written for a symposium at Wharton celebrating Ron Gilson's scholarship, assesses Gilson, Sabel & Scott's "braided contracting" thesis, presented in their 2010 article, Braiding: The Interaction of Formal and Informal Contracting in Theory, Practice, and Doctrine. Focusing particularly on the application of the braiding thesis to preliminary agreements, this Article presents new evidence of a preliminary negotiation process called "alpha contracting," used from time to time by the Department of Defense in sole-source situations, that exhibits many of the key characteristics of braided contracting's logic. The piece then turns to the limits of the braiding thesis, identifying a …

Class Action Squared: Multistate Actions And Agency Dilemmas, Elysa Dishman

Faculty Scholarship

As the Supreme Court continues to restrict the reach of private class actions, numerous commentators have championed public enforcement actions by state attorneys general (AGs) as a superior alternative to hold corporations accountable for misconduct. While AG actions fill some of the void left by the forced retreat of the private class action, few scholars have seriously considered whether the agency problems that exist in private class actions also occur in AG actions. And, until now, no scholar has recognized the unique agency problems that arise when AGs act together in multistate actions.

Multistate actions are made up of two …

Melinda Watson, Petitioner/Appellant, V. Michael Watson, Respondent/Appellee : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLEE

Appeal from Final Order of Dismissal of a Protective Order entered by Judge Michael S.
Edwards of the Second District Court

ORAL ARGUMENT REQUESTED

Larry Boynton, Appellee/Cross-Appellant, V. Kennecott Utah Copper Llc, Appellant/Cross-Appellee, Phillips 66 Company, Conocophillips Company, Pacificorp, Cross-Appellees : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

RESPONSE BRIEF OF CROSS-APPELLEE

(On appeal from the Third District Court
Salt Lake County, Civil No. 160902693,
Judge Randall N. Skanchy)

Larry Boynton, Individual And On Behalf Of The, Heirs Of Barbara Boynton, Plaintiff/Appellee, V. Kennecott Utah Copper, Llc, Defendant/Appellant : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

REPLY BRIEF OF THE APPELLANT AND
CROSS-APPELLEE KENNECOTT UTAH COPPER, LLC

(Appeal from the Third District Court
Salt Lake County, Civil No. 160902693,
Judge Randall N. Skanchy)

Larry Boynton, Individually And On Behalf Of The Heirs Of Barbara Boynton, Appellee/Cross-Appellant, Vs. Kennecott Utah Copper, Llc, Appellant/Cross-Appellee, Phillips 66 Company, Conocophillips Company, Pacificorp, Cross-Appellees. : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

CROSS-APPELLEE PACIFICORP'S RESPONSE BRIEF

(On appeal from the Third Judicial
District Court, Salt Lake County,
Civil No. 160902693, Honorable
Randall N. Skanchy)

ORAL ARGUMENT REQUESTED

Davis County, Petitioner/Plaintiff, Vs. Purdue Pharma, L.P., Et Al., Respondents/Defendants. : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

BRIEF OF PETITIONER

Interlocutory appeal from an order of the Honorable David M. Connors
in the Second Judicial District Court

Davis County, Plaintiff/Appellant, Vs. Purdue Pharma L.P., Et Al., Defendants/Appellees. : Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

APPELLEES' RESPONSE BRIEF

On interlocutory appeal from the Ruling and Order entered in the
Second District Court, the Honorable David M. Connors presiding.
District case no. 180700870.

Oral Argument Requested

Scott Patterson, Petitioner-Appellant, V. State Of Utah, Respondent-Appellee. : Reply Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

A direct appeal from the dismissal of postconviction claims entered in the
Second District Court, Case No. 160701113 (Farmington),
the Honorable Thomas L. Kay presiding.

Appellant’s Reply Brief

In Re: Mary Doe And Jane Doe, Petitioners. : Amicus Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

BRIEF OF AMICI CURIAE THE AMERICAN CIVIL LIBERTIES UNION
AND ACLU OF UTAH IN SUPPORT OF PETITIONERS

In Re: Mary Doe And Jane Doe, Petitioners. : Amicus Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

BRIEF OF AMICUS CURIAE AD HOC COALITION OF UTAH LAW
PROFESSORS
IN SUPPORT OF PETITIONERS

State Of Utah, Plaintiff And Appellee, V. Robert Alonzo Peraza, Defendant/Appellant. : Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Respondent’s Brief

On Writ of Certiorari to the Utah Court of Appeals. The State of Utah petitioned
review after Peraza’s convictions were reversed and remanded for a new trial.

Oral Argument Requested

Appellant is currently incarcerated on this case

In Re: Mary Doe And Jane Doe, Petitioners. : Amicus Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

BRIEF OF AMICUS CURIAE PARR BROWN GEE & LOVELESS, P.C.
IN SUPPORT OF PETITIONERS

In Re: Mary Doe And Jane Doe, Petitioners. : Amicus Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

BRIEF FOR THE UNITED STATES
AS AMICUS CURIAE

In Re: Mary Doe And Jane Doe, Petitioners. : Amicus Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

BRIEF OF AMICUS CURIAE UTAH LEGISLATURE

Holly Rebecca Rosser, Petitioner, V. Ronald Lee Rosser, Respondent. : Petitioner's Opening Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

ON WRIT OF CERTIORARI TO THEUTAH COURT OF APPEALSNo. 20170736-CA

Appeal from a Final Judgment of the Sixth Judicial District Court in and for Garfield County, Panguitch Department The Honorable Paul D. Lyman PresidingNo. 154600013

Holly Rebecca Rosser, Petitioner, V. Ronald Lee Rosser, Respondent. : Brief Of The Respondent, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

ON WRIT OF CERTIORARI TO THEUTAH COURT OF APPEALSNo. 20170736-CA

Appeal from the Sixth Judicial District Court, Garfield County, Honorable Paul D. Lyman, District Court No. 154600013

Macaela Danyele Day, Appellee, V. Tyler Barnes, Appellant : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

APPELLANT'S REPLY BRIEF

APPEAL FROM FINAL ORDER REGARDING RELOCATION

THE HONORABLE DAVID M. CONNORS PRESIDING
ORAL ARGUMENT AND PUBLISHED OPINION REQUESTED

Melinda Watson, Petitioner/Appellant, V. Michael Watson, Respondent/Appellee. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLEE

Appeal from Final Order of Dismissal of a Protective Order entered by Judge Michael S.
Edwards of the Second District Court

ORAL ARGUMENT REQUESTED

Melinda Watson, Appellee, Vs. Michael Watson, Appellant. : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

APPELLANT'S REPLY BRIEF

THE HONORABLE DAVID M. CONNORS PRESIDING
ORAL ARGUMENT AND PUBLISHED OPINION REQUESTED

Kevin Blanke, Petitioner, V. Utah Board Of Pardons And Parole, Respondent. : Reply Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Reply Brief of Appellant

ON WRIT OF CERTIORARI TO THE UTAH COURT OF APPEALS

State Of Utah, Plaintiff And Appellee, V. Frank Val Modes, Defendant/Appellant. : Reply Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Reply Brief of Appellant Frank Val Modes

Appeal from the Third District Court- Salt Lake City, Salt Lake County, from a
conviction of one First Degree Felony before the Honorable Judge Keith Kelly

Melinda Watson, Appellant, V. Michael Watson, Appellee : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

APPELLANT'S PRINCIPAL BRIEF

APPEAL FROM FINAL ORDER REGARDING
DISMISSAL OF A PROTECTIVE ORDER
THE HONORABLE MICHAEL S. EDWARDS PRESIDING

Macaela Danyele Day, Appellee, Vs. Tyler Barnes, Appellant. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

APPELLANT'S PRINCIPAL BRIEF

APPEAL FROM FINAL ORDER REGARDING RELOCATION

THE HONORABLE DAVID M. CONNORS PRESIDING
ORAL ARGUMENT AND PUBLISHED OPINION REQUESTED

Macaela Day, Petitioner/Appellant, V. Tyler Barnes, Respondent/Appellee : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLEE

Appeal from the Second Judicial District Court, Davis County, from a final order
denying a change in physical custody through a motion to relocate before the
Honorable David M. Connors, District Court No. 134700668

Oral Argument Requested
Non-Public Opinion Requested