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Articles 1951 - 1980 of 37205
Full-Text Articles in Law
Bank Of America, N.A., Plaintiff Appellant, V. Loraine Sundquist, Individually, And John Doe And Jane Doe Defendants Appellees., Utah Supreme Court
Bank Of America, N.A., Plaintiff Appellant, V. Loraine Sundquist, Individually, And John Doe And Jane Doe Defendants Appellees., Utah Supreme Court
Utah Supreme Court Briefs (2000–2020)
On Appeal from the Third District Court, Salt Lake County Case No. 110408730 EV (Judge Bruce C. Lubeck)
John Fenley, Plaintiff/Appellant Vs. Provo City, Defendant/Appellee, Utah Court Of Appeals
John Fenley, Plaintiff/Appellant Vs. Provo City, Defendant/Appellee, Utah Court Of Appeals
Utah Court of Appeals Briefs (2007– 2019)
On appeal from the Fourth Judicial District Court, Utah County, Hon. James Brady, Case No. 170400320
Sandy City, Plaintiff/Appelle, Vs. Kristina Zemaitiene, Defendant/Appellant., Utah Court Of Appeals
Sandy City, Plaintiff/Appelle, Vs. Kristina Zemaitiene, Defendant/Appellant., Utah Court Of Appeals
Utah Court of Appeals Briefs (2007– 2019)
APPEAL FROM THE THIRD DISTRICT COURT, SALT LAKE COUNTY, STATE OF UTAH, FROM A CONVICTION OF INTERFERING WITH AN ARRESTING OFFICER, AN INFRACTION BEFORE THE HONORABLE HEATHER BRERETON
Utah State Tax Commission, Appellant, V. See's Candies, Inc., Appellee, Utah Supreme Court
Utah State Tax Commission, Appellant, V. See's Candies, Inc., Appellee, Utah Supreme Court
Utah Supreme Court Briefs (2000–2020)
Case No. 20160910-SC
Evidence-Based Jurisprudence Meets Legal Linguistics—Unlikely Blends Made In Germany, Hanjo Hamann, Friedemann Vogel
Evidence-Based Jurisprudence Meets Legal Linguistics—Unlikely Blends Made In Germany, Hanjo Hamann, Friedemann Vogel
BYU Law Review
German legal thinking is renowned for its hair-splittingly sophisticated dogmatism. Yet, some of its other contributions to research are frequently overlooked, both at home and abroad. Two such secondary streams recently coalesced into a new corpus-based research approach to legal practice: Empirical legal research (which had already developed in Germany by 1913) and research on language and law (following German pragmatist philosopher Ludwig Wittgenstein’s work of 1953). This Article introduces both research traditions in their current German incarnations (Evidence-Based Jurisprudence and Legal Linguistics) and shows how three common features—their pragmatist observation of social practices, their interest in dissecting legal authority, …
Comments On James C. Phillips & Jesse Egbert, Advancing Law And Corpus Linguistics: Importing Principles And Practices From Survey And Content-Analysis Methodologies To Improve Corpus Design And Analysis, Edward Finegan
BYU Law Review
No abstract provided.
Corpus Linguistics As A Tool In Legal Interpretation, Lawrence M. Solan, Tammy Gales
Corpus Linguistics As A Tool In Legal Interpretation, Lawrence M. Solan, Tammy Gales
BYU Law Review
In this paper, we set out to explore conditions in which the use of large linguistic corpora can be optimally employed by judges and others tasked with construing authoritative legal documents. Linguistic corpora, sometimes containing billions of words, are a source of information about the distribution of language usage. Thus, corpora and the tools for using them are most likely to assist in addressing legal issues when the law considers the distribution of language usage to be legally relevant. As Thomas R. Lee and Stephen C. Mouritsen have so ably demonstrated in earlier work, corpus analysis is especially helpful when …
Ordinary Meaning And Corpus Linguistics, Stefan Th. Gries, Brian G. Slocum
Ordinary Meaning And Corpus Linguistics, Stefan Th. Gries, Brian G. Slocum
BYU Law Review
This Article discusses how corpus analysis, and similar empirically based methods of language study, can help inform judicial assessments about language meaning. We first briefly outline our view of legal language and interpretation in order to underscore the importance of the ordinary meaning doctrine, and thus the relevance of tools such as corpus analysis, to legal interpretation. Despite the heterogeneity of the judicial interpretive process, and the importance of the specific context relevant to the statute at issue, conventions of meaning that cut across contexts are a necessary aspect of legal interpretation. Because ordinary meaning must in some sense be …
Datamining The Meaning(S) Of Progress, Jake Linford
Datamining The Meaning(S) Of Progress, Jake Linford
BYU Law Review
No abstract provided.
Triangulating Public Meaning: Corpus Linguistics, Immersion, And The Constitutional Record, Lawrence B. Solum
Triangulating Public Meaning: Corpus Linguistics, Immersion, And The Constitutional Record, Lawrence B. Solum
BYU Law Review
This Article contributes to the development of an originalist methodology by making the case for an approach that employs three distinct methods, each of which serves as a basis for confirming or questioning the results reached by the other two. This approach will be called the Method of Triangulation. The three component techniques are as follows: 1. The Method of Corpus Linguistics: The method of corpus linguistics employs large-scale data sets (corpora) that provide evidence of linguistic practice. 2. The Originalist Method of Immersion: The method of immersion requires researchers to immerse themselves in the linguistic and conceptual world of …
The Power Of Words: A Comment On Hamann And Vogel’S Evidence-Based Jurisprudence Meets Legal Linguistics—Unlikely Blends Made In Germany, Mark C. Suchman
The Power Of Words: A Comment On Hamann And Vogel’S Evidence-Based Jurisprudence Meets Legal Linguistics—Unlikely Blends Made In Germany, Mark C. Suchman
BYU Law Review
By offering an international and interdisciplinary point of comparison, Hamann and Vogel demonstrate that current American forays into corpus-based legal scholarship reflect only a small sliver of the full range of possibilities for such research. This Comment considers several key branching points that may lie ahead, as the nascent literature begins to mature. In particular, the Comment examines two vexing ambiguities in the corpus-linguistic agenda: the first centers on the ambiguous meaning of legal “empiricism”; the second, on the ambiguous relationship between words and actions. To achieve its full potential, legal corpus linguistics will need to move beyond mere description, …
A Lawyer’S Introduction To Meaning In The Framework Of Corpus Linguistics, Neal Goldfarb
A Lawyer’S Introduction To Meaning In The Framework Of Corpus Linguistics, Neal Goldfarb
BYU Law Review
Corpus linguistics is more than just a new tool for legal interpretation. Work in corpus linguistics has generated new ways of thinking about word meaning and about the interpretation of words in context. These insights challenge the assumptions that lawyers and judges generally make about words and their meaning. Although the words that make up a sentence are generally regarded as the basic units of meaning, corpus analysis has shown that in many cases, the meaning of a word as it is used in a given context is a function, not of the word by itself, but of the word’s …
Corpus Linguistics And The Criminal Law, Carissa Byrne Hessick
Corpus Linguistics And The Criminal Law, Carissa Byrne Hessick
BYU Law Review
This brief response to Ordinary Meaning and Corpus Linguistics, an article by Stefan Gries and Brian Slocum, explains why corpus linguistics represents a radical break from current statutory interpretation practice, and it argues that corpus linguistics ought not be adopted as an interpretive theory for criminal laws. Corpus linguistics has superficial appeal because it promises to increase predictability and to decrease the role of judges’ personal preferences in statutory interpretation. But there are reasons to doubt that corpus linguistics can achieve these goals. More importantly, corpus linguistics sacrifices other, more important values, including notice and accountability.
The Dictionary As A Specialized Corpus, Jennifer L. Mascott
The Dictionary As A Specialized Corpus, Jennifer L. Mascott
BYU Law Review
Scholars consider reliance on dictionary definitions to be the antithesis of objective, big-data analysis of ordinary meaning. This Article contests that notion, arguing that when dictionaries are treated as a specialized database, or corpus, they provide invaluable textured understanding of a term. Words appear in dictionaries both as terms being defined and as terms defining other words. Examination of every reference to a contested term throughout a dictionary’s definitional entries of other words may substantially benefit statutory and constitutional interpretation. Because dictionaries catalog language, their use as a specialized corpus provides invaluable insight into the ways a particular word is …
Advancing Law And Corpus Linguistics: Importing Principles And Practices From Survey And Content Analysis Methodologies To Improve Corpus Design And Analysis, James C. Phillips, Jesse Egbert
Advancing Law And Corpus Linguistics: Importing Principles And Practices From Survey And Content Analysis Methodologies To Improve Corpus Design And Analysis, James C. Phillips, Jesse Egbert
BYU Law Review
The nascent field of law and corpus linguistics has much to offer legal interpretation. But to do so, it must more fully incorporate principles from survey and content-analysis methodologies used in the social sciences. Importing such will provide greater rigor, transparency, reproducibility, and accuracy in the important quest to determine the meaning of the law. This Article highlights some of those principles to provide a best- practices guide to those seeking to perform law and corpus linguistic analysis.
The Original Meaning Of “Religion” In The First Amendment: A Test Case Of Originalism’S Utilization Of Corpus Linguistics, Lee J. Strang
The Original Meaning Of “Religion” In The First Amendment: A Test Case Of Originalism’S Utilization Of Corpus Linguistics, Lee J. Strang
BYU Law Review
Originalism is the theory of constitutional interpretation that identifies the constitutional text’s public meaning when it was ratified as its authoritative meaning. Corpus linguistics is the study of word-use regularities and patterns, primarily in written texts. In a prior article, I argued that originalists should utilize corpus linguistics to facilitate originalism’s capacity to accurately uncover this original meaning. However, my arguments there were theoretical; this Essay provides a “test case” of corpus linguistics’ capacity to increase originalism’s methodological accuracy. This Essay accomplishes three modest goals. First, it provides a practical example of the application of corpus linguistics to originalism. This …
American Express Bank, Fsb, Plaintiff/Appellee, V. James Tanne, Defendant/Appellant., Utah Court Of Appeals
American Express Bank, Fsb, Plaintiff/Appellee, V. James Tanne, Defendant/Appellant., Utah Court Of Appeals
Utah Court of Appeals Briefs (2007– 2019)
APPEAL FROM A JUDGMENT OF THE FOURTH .DlSTRICT COURT OF UTAH COUNTY, UTAH, HON. CHRISTINE JOHNSON
Espenschied Transport Corp., Plaintiff And Appellant Vs. Wilshire Insurance Comp Any; Fleetwood Services, Inc., Defendants And Appel!Ees., Utah Supreme Court
Espenschied Transport Corp., Plaintiff And Appellant Vs. Wilshire Insurance Comp Any; Fleetwood Services, Inc., Defendants And Appel!Ees., Utah Supreme Court
Utah Supreme Court Briefs (2000–2020)
Appeal from Third District Court, Salt Lake County the Honorable Paige Petersen, civil no. 070913289
The State Of Utah, Plaintiff/Appellee V. Travis Scott Murray, Defendant/Appellant., Utah Court Of Appeals
The State Of Utah, Plaintiff/Appellee V. Travis Scott Murray, Defendant/Appellant., Utah Court Of Appeals
Utah Court of Appeals Briefs (2007– 2019)
An appeal from an order revoking and reinstating probation for Driving Under the Influence of Alcohol/Drugs, a third degree felony, in violation of Utah Code 41-6a-503(2)(b), in the Third District Court, Salt Lake County, State of Utah, the Honorable Ann Boyden presiding
State Of Utah, Plaintiff/ Appellee, Vs. Michael Binks, Defendant / Appellant., Utah Supreme Court
State Of Utah, Plaintiff/ Appellee, Vs. Michael Binks, Defendant / Appellant., Utah Supreme Court
Utah Supreme Court Briefs (2000–2020)
AN APPEAL FROM THE FOURTH DISTRICT COURT, FROM A CONVICTION ON ONE COUNT OF POSSESSION OF A CONTROLLED SUBSTANCE, A CLASS A MISDEMEANOR, AND ONE COUNT OF DRUG PARAPHERNALIA, A CLASS B MISDEMEANOR, BEFORE THE HONORABLE JUDGE CLAUDIA LAYCOCK
American Express Bank, Fsb, Plaintiff/ Appellee V. James T Anne, Defendant / Appellant, Utah Court Of Appeals
American Express Bank, Fsb, Plaintiff/ Appellee V. James T Anne, Defendant / Appellant, Utah Court Of Appeals
Utah Court of Appeals Briefs (2007– 2019)
Appeal from a Summary Judgment entered by the Honorable Christine Johnson, Fourth District Court, Utah County
Michael Anthony Archuleta, Appellant, V. State Of Utah, Appellee., Utah Supreme Court
Michael Anthony Archuleta, Appellant, V. State Of Utah, Appellee., Utah Supreme Court
Utah Supreme Court Briefs (2000–2020)
Appeal from the Fourth Judicial District Court in Millard County District Court Case No. 14070047 The Honorable Jennifer A. Brown
Copyright Infringement’S Blurred Lines: Allocating Overhead In The Disgorgement Of Profits, Layne S. Keele
Copyright Infringement’S Blurred Lines: Allocating Overhead In The Disgorgement Of Profits, Layne S. Keele
BYU Law Review
In Williams v. Bridgeport Music, Marvin Gaye’s estate alleged that the popular song “Blurred Lines” infringed Gaye’s 1977 song “Got to Give It Up.” As part of the remedy for the infringement, the Gaye estate sought to disgorge the profits derived from defendants’ infringement, but the parties disagreed about how to calculate those profits. Specifically, they disagreed about whether the infringing song’s revenues should be offset by the infringers’ $7 million in overhead costs allocable to the song. The district court determined that the infringers’ ability to offset overhead costs would depend on whether their infringement was willful; it …
Cyber!, Andrea M. Matwyshyn
Cyber!, Andrea M. Matwyshyn
BYU Law Review
This Article challenges the basic assumptions of the emerging legal area of “cyber” or “cybersecurity.” It argues that the two dominant “cybersecurity” paradigms—information sharing and deterrence—fail to recognize that corporate information security and national “cybersecurity” concerns are inextricable. This problem of “reciprocal security vulnerability” means that in practice our current legal paradigms channel us in suboptimal directions. Drawing insights from the work of philosopher of science Michael Polanyi, this Article identifies three flaws that pervade the academic and policy analysis of security, exacerbating the problem of reciprocal security vulnerability—privacy conflation, incommensurability, and internet exceptionalism. It then offers a new paradigm—reciprocal …
Who Decides? The Title Ix Religious Exemption And Administrative Authority, Elise S. Faust
Who Decides? The Title Ix Religious Exemption And Administrative Authority, Elise S. Faust
BYU Law Review
The Title IX religious exemption demonstrates how statutory religious exemptions can help further social change by neutralizing potential conflict with religious dissenters. Part of the reason for its success is that it is narrowly constructed and automatically applies to qualifying institutions. However, the regulations contradict the statutory text by potentially giving the Department of Education discretion to grant or deny exemptions. Were the Department to fully exercise this power, its actions would conflict with both the language of the statute and the Constitution. The Department of Education’s recent scrutiny of the “controlled by” language of the exemption provides an example …
A Solution To Utah’S Non-Compete Dilemma: Soliciting The Use Of Non-Solicitation Agreements, Jerrick Robbins
A Solution To Utah’S Non-Compete Dilemma: Soliciting The Use Of Non-Solicitation Agreements, Jerrick Robbins
BYU Law Review
Utah has become a hub for company growth and innovation, especially in an area known as the “Silicon Slopes.” Well-known companies, like Qualtrics, Adobe, and eBay, have offices along the Wasatch Front. With such newfound relevance in the business community, it may seem odd that Utah’s legislature recently passed the Post-Employment Restrictions Act, which some say threatens Utah’s position as a state where businesses thrive. The Act restricts non-compete agreements to periods not greater than one year and automatically penalizes, through attorney’s fees and costs, any employer who tries to enforce a non-compete agreement that a court later finds unenforceable …
Trading Safety For Innovation And Access: An Empirical Evaluation Of The Fda’S Premarket Approval Process, George Horvath
Trading Safety For Innovation And Access: An Empirical Evaluation Of The Fda’S Premarket Approval Process, George Horvath
BYU Law Review
Congress created the premarket approval process (PMA) to provide a rigorous safety evaluation of high-risk medical devices before they may be sold on the U.S. market. Evaluating a PMA application requires the Food and Drug Administration (FDA) to conduct a lengthy, complex, and costly assessment of the extensive data a manufacturer must submit. But other policy concerns, notably a fear of hampering innovation and a desire to assure timely access to new technologies, have led Congress to relax some of the rigorous data requirements the PMA process imposes on manufacturers. Congress mandates that the FDA employ the “least burdensome” approach …
Tribal Sovereignty And Tobacco Control In State-Tribe Cigarette Compacts, Arielle Sloan
Tribal Sovereignty And Tobacco Control In State-Tribe Cigarette Compacts, Arielle Sloan
BYU Law Review
Compacts are powerful legal tools that states and tribes can use to negotiate agreements. One of the most interesting examples of state-tribe compacts is the cigarette compact, which is useful in combating the illicit cigarette trade. This Note argues that tribal leaders and states can more effectively reach this goal by (1) recognizing tribal sovereignty in and (2) keeping tobacco control at the heart of compact discussions.
Rethinking Religious Exemptions From Title Ix After Obergefell, Cara Duchene
Rethinking Religious Exemptions From Title Ix After Obergefell, Cara Duchene
Brigham Young University Education and Law Journal
No abstract provided.
Regaining Trust In Nonprofilt Charter Schools: Toward Benefit Corporation Branding For For-Profit Education Management Organizations, James Eastman
Regaining Trust In Nonprofilt Charter Schools: Toward Benefit Corporation Branding For For-Profit Education Management Organizations, James Eastman
Brigham Young University Education and Law Journal
No abstract provided.