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BYU Law Review

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BYU Law Review

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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

Northern Monticello Alliance, Llc, A Utah Limited Liability Company, Plaintiff/ Appellant V. San Juan County Commission, A Political Subdivision Of The State Of Utah, Defendants/ Appellees : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the Seventh Judicial District Court, San Juan County, Utah The Honorable Lyle Anderson, District Court Judge

Mark C. Haik, Petitioner/ Appellant V. Salt Lake County Board Of Health, Respondent/ Appellee : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the Third Judicial District Court, Salt Lake County, Utah Case No. 130907518 The Honorable Su Chon, Presiding

Bridget K. Romano (#6979), Deputy District Attorney, Sim Gill (#6389), District Attorney, OFFICE OF THE SALT LAKE COUNTY, DISTRICT ATTORNEY,

Paul R. Haik (#10897), KREBSBACH & HAIK, LTD.

Mark C. Haik, Appellant V. Salt Lake County Board Of Health, Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the Third Judicial District Court, Salt Lake County, Utah Case No. 130907518 The Honorable Su Chon, Presiding

Bridget K. Romano (#6979), Sim Gill (#6389), Attorneys for Appellee

Paul R. Haik (#10897), Attorneys for Appellant

Mark C. Haik, Petitioner/ Appellant V. Salt Lake County Boardof Health, Respondent/ Appellee : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the Third Judicial District Court, Salt Lake County, Utah

Mark C. Haik, Petitioner/ Appellant V. Salt Lake County Boardof Health, Respondent/ Appellee : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

ON APPEAL FROM THIRD DISTRICT COURT

Mark C. Haik, Petitioner/ Appellant V. Salt Lake County Board Of Health, Respondent/ Appellee : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

SALT LAKE COUNTY BOARD OF HEALTH'S ANSWER BRIEF ON APPEAL FROM THIRD DISTRICT COURT JUDGE Su CHON FINAL ORDER DENYING PETITION FOR JUDICIAL REVIEWT

BRIDGET K. ROMANO (6979), Deputy District Attorney, SIM GILL (6389), District Attorney, Office of the Salt Lake County, District Attorney, Attorneys for Appellee

PAUL R. HAIK (10897), KREBSBACH & HAIK, LTD, Attorneys for Appellant

Mark C. Haik, Appellant V. Salt Lake County Board Of Health, Appellee : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIDGET K. ROMANO, SIM GILL, Attorneys for Appellee

BRIDGET K. ROMANO, SIM GILL, Attorneys for Appellee

PAUL R. HAIK, Attorneys for Appellant

State Of Utah Plaintiff/ Appellee V. Julius Ochieng Olola Defendant/Appellant: Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

APPEAL FROM A JUDGMENT SENTENCE AND CONVICTION OF DRIVING UNDER THE INFLUENCE OF ALCOHOL, A THIRD DEGREE FELONY, AND RELATED OFFENSES IN THE THIRD JUDICIAL DISTRICT COURT

Utah Attorney General, Counsel for Appellee

HERSCHEL BULLEN, Counsel for Appellant

State Of Utah, Plaintiff/Appellee, Vs. Julius Ochieng Olola, Defendant/Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

APPEAL FROM A JUDGMENT SENTENCE AND CONVICTION OF DRIVING UNDER THE INFLUENCE OF ALCOHOL, A THIRD DEGREE FELONY, AND RELATED OFFENSES IN THE THIRD JUDICIAL DISTRICT COURT

Utah Attorney General, Counsel for Appellee

HERSCHEL BULLEN (0482), Attorney at Law, Counsel for Appellant

Steve Massengale, Petitioner/ Appellant V. Alliant Techsystems, Inc,, Respondents/ Appellees : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the Utah Labor Commission

State Of Utah, Plaintiff/Appellee, V. Robert Brian Walton, Defendant/Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Brief of Appellee

Consolidated appeal from convictions for retaliating against a
witness and stalking, both third degree felonies, in the Third
Judicial District, Salt Lake County, the Honorable Paul B.
Parker and Mark S. Kouris 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

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 …

Enforcement Piggybacking And Multistate Actions, Elysa Dishman

Faculty Scholarship

Civil enforcement in the United States is uniquely “multienforcer.” Numerous public and private enforcers including federal agencies, state attorneys general (AGs), and private litigants have overlapping authority to enforce myriad federal and state laws. Ideally, enforcers would complement one another’s efforts and use their comparative enforcement advantages to broaden the scope of enforcement and act as a check on underenforcement. But in reality, enforcers are often attracted to the same targets—large, public, deep-pocketed corporations. This means that multiple enforcers may pursue essentially the same enforcement action, arising from the same series of events and against the same target. Redundant enforcement …

Relational Preferences In Chapter 11 Proceedings, Brook Emerald Gotberg

Faculty Scholarship

It is no secret that creditors hate so-called "preference" actions, which permit a debtor to recover payments made to creditors on the eve of bankruptcy for the benefit of the estate. Nominally, preference actions are intended to equalize the extent to which each unsecured creditor must bear the loss of a bankruptcy discharge, or to discourage creditors from rushing to collect from the debtor in such a way that will push an insolvent debtor into bankruptcy. But empirical evidence strongly suggests that, at least in chapter 11 reorganization proceedings, preference actions do not fulfill either of these stated goals. Interviews …

Risk Taking And Rights Balancing In Intellectual Property Law, Clark Asay

Faculty Scholarship

Scholars have long worried that risk aversion can have significant negative effects in the marketplace. In the intellectual property law domain, some have worried that risk-averse actors can negatively influence the development of important intellectual property law doctrines, which can ultimately hamper innovation. For instance, risk-averse actors may frequently choose to obtain licenses for rights that the relevant laws do not actually require of them. When they do so, they inadvertently increase the scope of intellectual property rights because their risk-averse activities inform courts’ development of key intellectual property law doctrines. In this Article, prepared as part of the IP …

Citizenship Gaps, D. Carolina Nuñez

Faculty Scholarship

The concept of citizenship is undeniably powerful. The terms “citizenship” and “citizen” evoke notions of belonging, participation, equality, civic duty, democracy, and virtually any other term associated with a well-functioning polity. In fact, the term “citizenship” often serves as a shorthand reference to an abstract sense of civic virtue and the right to exercise that civic virtue to shape the polity. Citizenship, as popularly imagined, is a fundamental element of our democracy.

These noble ideals, however, do not necessarily map onto any legal definition of citizenship, nor do they accurately depict the experience of many U.S. citizens who find themselves …

The Bank Of New York Mellon Fka The Bank Of New York, As Trustee For The Certificateholders Cwmbs Series 2006-Hyb5, Plaintiff And Appellee, V. Paula A. Mitchell, Defendant And Appellant. America First Federal Credit Union, Pepperwood Homeowner's Association, And John Does 1-5, Defendants (Not Participating). : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

APPELLEE'S BRIEF

Appeal from the Orders of the Third Judicial District Court
by The Honorable Todd Shaughnessy

Troy Michael Kell, Petitioner/Apellant, V. State Of Utah, Respondent/Appellee : Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Brief of Appellee

Appeal from the denial of a petition for post-conviction relief,
in the Sixth Judicial District, Sanpete County, the Honorable
Wallace Lee presiding

Troy Michael Kell, Petitioner/Appellant, V. Larry Benzon, Warden Of The Utah State Prison, Respondent/Appellee : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

APPELLANT'S BRIEF

PUBLIC

Death Penalty Case

Appeal from the Sixth Judicial District Court,
In and For Sanpete County, Honorable Wallace Lee

Salt Lake County, Duchesne County, Uintah County, Washington County, And Weber County, All Political Subdivisions Of The State Of Utah, Plaintiffs/Appellants, V. State Of Utah, Delta Air Lines, Inc., And Skywest Airlines, Inc., Defendants/Appellees : Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

SUPPLEMENTAL BRIEF OF
APPLLEES DELTA AIR LINES,
INC. AND SKYWEST AIRLINES,
INC.

ON APPEAL FROM THE THIRD JUDICIAL DISTRICT COURT,
SALT LAKE COUNTY, HONORABLE KARA PETTIT, DISTRICT JUDGE

Salt Lake County, Duchesne County, Uintah County, Washington County, And Weber County, Political Subdivisions Of The State Of Utah, Plaintiffs-Appellants, V. State Of Utah, Delta Air Lines, Inc. And Skywest Airlines, Inc., Defendants-Appellees : Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Supplemental Brief of Appellee State of Utah

On appeal from the Third Judicial District Court
Judge Kara Pettit, District Court No. 170904525

Salt Lake County, Duchesne County, Uintah County, Washington County, And Weber County, Political Subdivisions Of The State Of Utah, Plaintiffs/Appellants, V. State Of Utah, Delta Airlines, Inc. And Sky West, Inc., Defendants/Appellees : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

APPELLANTS' SUPPLEMENTAL REPLY BRIEF

Charlie W. Harrison And Trena Harrison, Plaintiffs/Appellants, V. Spah Family, Ltd; Stan E. Holland; And Paige Holland, Defendants/Appellees : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

APPELLANTS' REPLY BRIEF

Appeal From Seventh District Court,
Grand County, State of Utah
Civil No. 160700035
Judge Lyle R. Anderson

Roger B. Arave And Kimberly L. Arave; Janet Southwick, Trustee; Venture Development Group, Llc, Plaintiffs And Appellees, V. Pineview West Water Company Defendant And Appellant : Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

BRIEF OF APPELLEES

An appeal from a bench trial in the Second District Court, Weber County,
Judge Ernest W. Jones, District Court No. 130907544

Steven Eric Graham Plaintiff/Appellant, V. Albertson's Llc Defendant/Appellee : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

BRIEF OF THE APPELLANT

Appeal from an Interlocutory Order of the Third Judicial District Court, Salt
Lake County, Honorable Heather Brereton, District Court No. 180900781

ORAL ARGUMENT REQUESTED

Steven Eric Graham, Plaintiff/Appellant, V. Albertson's Llc., Defendant/Appellee : Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

BRIEF OF APPELLEE

On Appeal from an interlocutory order of the Third Judicial District Court,
Salt Lake County, the Honorable Heather Brereton,
District Court No. 180900781

ORAL ARUGMENT REQUESTED

Benjamin Arriaga, Petitioner And Appellant, V. State Of Utah, Respondent And Appellee : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

PETITIONER'S REPLY BRIEF

On certiorari from Arriaga v. State, 2018 UT App 160 (August 23,
2018)

Petitioner Benjamin Arriaga is currently incarcerated.

ORAL ARGUMENT REQUESTED