Law Commons^™

Mark C. Haik, Petitioner/ Appellant V. Salt Lake County Board Of Health, Respondent/ Appellee : Brief Of Appellant, 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, Deputy District Attorney, SALT LAKE COUNTY ATTORNEY'S OFFICE

Paul R. Haik, KREBSBACH AND HAIK, LTD,

Mark C. Haik, Appellant V. Salt Lake County Board Of Health, Appellee : Brief Of Appellant, 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, Attorneys for Appellee

Paul R. Haik, Attorneys for Appellant

Clark Memorandum: Fall 2018, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society

The Clark Memorandum

• Heroes of Unity: Latter-day Saints, the "Bonds of Affection," and the Atonement of Christ (Thomas B. Griffith)
• Defend Divinely Inspired Freedoms (Elder Quentin L. Cook)
• Homicides in the Old Testament and the Book of Mormon (John w. Welch)
• How to Enjoy the Ride: Choosing to Love in Life and Career (Sharla Smith Hales)

The Byu Advocate, J. Reuben Clark Law School

The BYU Advocate (& Annual Reports)

"What impresses me is that BYU Law is putting significant effort into thinking about innovation, not just for innovation's sake, but to better prepare its students for an increasingly complex and unpredictable world." – Robert Ambrogi

Frontmatter

Brigham Young University Journal of Public Law

No abstract provided.

Minority Entrepreneurs And Fast Failure, Jesse P. Houchens

Brigham Young University Journal of Public Law

Minority businesses now make up more than a quarter of all U.S. businesses; yet, due to discriminatory lending practices, cultural aversions to debt, and limited access to capital, these businesses continue to have higher failure rates. At the same time, m inority entrepreneurs are more likely to rely on informal lending and less likely to turn to bankruptcy for relief of debt. Doing so slows down failure for minority entrepreneurs — contra Silicon Valley’s new mantra, “fail fast” — and diminishes the minority entrepreneur’s ability to efficiently reallocate resources towards more productive ventures. In this essay, I distinguish the minority …

Minority Entrepreneurs And Fast Failure, John Taylor Jensen

Brigham Young University Journal of Public Law

Minority businesses now make up more than a quarter of all U.S. businesses; yet, due to discriminatory lending practices, cultural aversions to debt, and limited access to capital, these businesses continue to have higher failure rates. At the same time, m inority entrepreneurs are more likely to rely on informal lending and less likely to turn to bankruptcy for relief of debt. Doing so slows down failure for minority entrepreneurs — contra Silicon Valley’s new mantra, “fail fast” — and diminishes the minority entrepreneur’s ability to efficiently reallocate resources towards more productive ventures. In this essay, I distinguish the minority …

The Universal, Inalienable Right Of The Child To The Marriage Of His Biological Parents, Patrick F. Fagan, William L. Saunders

Brigham Young University Journal of Public Law

No abstract provided.

The Intertwined Existence Of Families And Religion, Lynn D. Wardle

Brigham Young University Journal of Public Law

No abstract provided.

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 …

Improving Veteran Access To Critical Care: Full Practice Authority And Nurse Anesthetists, Catherine Mumford

Brigham Young University Journal of Public Law

No abstract provided.

A Reflection On The Recent Nigerian Legislation Against Same Sex Marriage Vis-À-Vis Rising Gay Activism In The Western World, Stephen L. West

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 …

Frontmatter, Byu Journal Of Public Law

Brigham Young University Journal of Public Law

No abstract provided.

Improving Veteran Access To Critical Care: Full Practice Authority And Nurse Anesthetists, Don C. Fletcher

Brigham Young University Journal of Public Law

No abstract provided.

The Intertwined Existence Of Families And Religion, L. Steven Brooks

Brigham Young University Journal of Public Law

No abstract provided.

The Universal, Inalienable Right Of The Child To The Marriage Of His Biological Parents, Neil B. Johnson

Brigham Young University Journal of Public Law

No abstract provided.

Byu Law School Faculty Listing

BYU Law Review

No abstract provided.

Table Of Contents

BYU Law Review

No abstract provided.

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

BYU Law Review

No abstract provided.

A Fresh Start To Bankruptcy Exemptions, Gary E. Sullivan

BYU Law Review

Bankruptcy has broadly failed to deliver “fresh starts” to debtors. Too often, debtors return to states of financial distress following bankruptcy. Although bankruptcy delivers a clean slate through the discharge of debts, the efficacy of a fresh start depends on a second factor: property exemptions. While discharge frees a debtor from her existing debts, property exemptions determine what property the debtor retains upon exiting bankruptcy. For many debtors, insufficient and suboptimal property exemption laws undermine fresh starts. In fact, under current bankruptcy law, each state can reject federal bankruptcy exemptions by opting out. Bankrupt debtors in “opt-out” states are forced …

Corpus Linguistics In The Chevron Two-Step, Jacob Crump

BYU Law Review

No abstract provided.

Tensions Underlying The Indian Child Welfare Act: Tribal Jurisdiction Over Traditional State Court Family Law Matters, Elizabeth Maclachlan

BYU Law Review

State courts have historically exercised jurisdiction over family law cases. However, under the Indian Child Welfare Act (ICWA), Indian child custody and adoption cases have been taken out of state jurisdiction and placed with Indian tribal governments. State courts have pushed back against proper deference to ICWA and violate ICWA by misapplying its provisions and refusing to transfer custody and adoption cases to tribal courts. This Note analyzes the state-tribal tensions surrounding ICWA and argues that the primary reason for the lack of full state acceptance of ICWA is that, historically, states have had nearly total jurisdiction over family law …

2017-2018 Byu Law Review Masthead

BYU Law Review

No abstract provided.

The Federal Circuit's Summary Affirmance Habit, Andrew Hoffman

BYU Law Review

The Federal Circuit is certainly unique among the circuit courts of appeals. Its exclusive jurisdiction over patents places it in a powerful position. But with that power comes a responsibility to oversee the development of the law. And in the last decade, the court has fallen short of fulfilling this obligation—particularly with regard to clarifying provisions of the America Invents Act. The court has repeatedly disregarded important questions of law by use of Rule 36 summary affirmance. Though other courts of appeals regularly use summary disposition as a means of dealing with burgeoning dockets, the Federal Circuit uses summary affirmance …

Northern Monticello Alliance, Llc, A Utah Limited Liability Company, Plaintiff/Appellant, V. San Juan County Commission, A Political Subdivision Of The State Of Utah And San Juan County, A Political Subdivision Of The State Of Utah. Defendants/Appellees. Sustainable Power Group, Llc And Latigo Wind Park, Llc, Intervening Respondents : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

SUPPLEMENT TO BRIEF OF
NORTHERN MONTICELLO
ALLIANCE, LLC

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

Bradley Macfarlane, Appellant V. Utah Department Of Public Safety, Appellee : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the Career Service Review Office Findings of Fact, Conclusions of Law and Decision in re Termination of Bradley Macfarlane

Utah Department Of Transportation, Appellant, V. Target Corporation, And Weingarten/Miller/American Fork, L.L.C., Appellees : Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

On Writ of Certiorari to the Utah Court of Appeals No. 20160122-CА

Barbara H. Ochoa, William H. Christensen, Sean D. Reyes, Attorneys for Utah Department of Transportation

Jeffrey W. Appel, Matthew N. Evans, Robert P. Harrington, Attorneys for Appellee Weingarten/Miller, Kevin E. Anderson, Attorney for Appellee Target Corporation, Troy L. Booher, J. Frederic Voros Jr., Dick J. Baldwin, Zimmerman Booher, Attorneys for Appellee Target Corporation

Robben Ann Oldroyd, Petitioner/ Appellant V. Farrell Lynn Oldroyd, Respondent/ Appellee : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from Judgment Entered by the Second Judicial District Court, Honorable Noel S. Hyde

The Use Of Force And Cyber Countermeasures, Gary Corn, Eric Talbot Jensen

Faculty Scholarship

In a global environment where most unfriendly acts between nations fall below the threshold of a use of force, the doctrine of countermeasures can be an important tool for states. However, in the realm of cyber operations, the rules governing the application of countermeasures result in unrealistic constraints on states. Particularly when compared with the much lesser constraints on the exercise of self-defense, limitations such as the prohibitions on anticipatory and collective countermeasures, the requirement to provide prior notice, and the unavailability of countermeasures to confront non-state actors highlight this imbalance. Cyber countermeasures are uniquely situated to become an effective …

2017-2018 Byu Law Review Masthead

BYU Law Review

No abstract provided.