Law Commons^™

Twenty-First Century Split: Partisan, Racial, And Gender Differences In Circuit Judges Following Earlier Opinions, Stuart Minor Benjamin, Kevin M. Quinn, Byungkoo Kim

BYU Law Review

Judges shape the law with their votes and the reasoning in their opinions. An important element of the latter is which opinions they follow, and thus elevate, and which they cast doubt on, and thus diminish. Using a unique and comprehensive dataset containing the substantive Shepard’s treatments of all circuit court published and unpublished majority opinions issued between 1974 and 2017, we examine the relationship between judges’ substantive treatments of earlier appellate cases and their party, race, and gender. Are judges more likely to follow opinions written by colleagues of the same party, race, or gender? What we find is …

“Any”, James J. Brudney, Ethan J. Leib

BYU Law Review

Our statute books use the word “any” ubiquitously in coverage and exclusion provisions. As any reader of the Supreme Court’s statutory interpretation docket would know, a large number of cases turn on the contested application of this so-called universal quantifier. It is hard to make sense of the jurisprudence of “any.” And any effort to offer a unified approach—knowing precisely when its scope is expansive (along the “literal-meaning” lines of “every” and “all”) or confining (having a contained domain related to properties provided by contextual cues)—is likely to fail. This Article examines legislative drafting manuals, surveys centuries of Court decisions, …

Balance In The Basin, Casey Lee Mcclellan

BYU Law Review

The National Environmental Policy Act (NEPA) changed the way land managers and users interact with public lands. However, its stringent requirements are not responsive to today’s environmental and economic realities. For the future of sustainable mineral extraction, there must be a better way. Adaptive management, a more flexible planning process, should be used on public lands to ensure greater leeway for operators, environmentalists, and local economies. By analyzing rural northeastern Utah’s Uinta Basin’s history and existing public land use plans, this Note applies adaptive management to the area to show how thinking outside the box can solve seemingly unsolvable problems.

Byte A Carrot For Change: Uprooting Problems In Data Privacy Regulations, Sarah Terry

BYU Law Review

There is a growing gap between technology advancement and a lagging regulatory system. This is particularly problematic in consumer data privacy regulating. Companies hold collected consumer data and determine its use largely without accountability. As a result, ethical questions that carry society-shaping impact are answered in-house, under the influence of groupthink, and are withheld from anyone else weighing in.

This Note poses a solution that would address multiple data privacy regulation issues. Namely, an incentive approach would help even out the information-imbalanced system. Incentives are used as tools throughout intellectual property law to foster commercial progress, discourage trade secrets, and …

State Of Utah, Plaintiff / Appellee, V. Neal Krasnick, Defendant / Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from convictions for aggravated assault, a third- degree felony, and threat or use of dangerous weapon in a fight or quarrel, a Class A misdemeanor, in the Third Judicial District, Summit County, the Honorable Richard Mrazik presiding

GREGORY W. STEVENS, Counsel for Appellant

JONATHAN S. BAUER, SEAN D. REYES, PATRICIA CASSELL, Counsel for Appellee

Roger Rigby Durrant, Appellant V. R&M Durrant Family, Llc, Appellee : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from a final judgment and underlying rulings entered by the Third Judicial District Court of Utah, in and for Tooele County, the Honorable Teresa Welch, Presiding

JAMES TRACY JAROM R. JONES КС НООKER BENNETT TUELLER JOHNSON & DEERE

JOHN WALSH ATTORNEY AT LAW

San Juan County And Old Town, Llc, Appelles, V. Living Rivers, Appellant : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

APPEAL FROM THE JUDGMENT OF THE 7™ JUDICIAL DISTRICT COURT (SAN JUAN COUNTY) AFFIRMING THE COURT’S RULING AND ORDER GRANTING APPELLEES’ MOTION TO DISMISS ON THE BASIS OF STANDING, THE HONORABLE DON TORGERSON PRESIDING

Attorney for Appellant Living Rivers The Sloan Law Firm, PLLC Christina R. Sloan (11963) Attorney for Appellee San Juan County San Juan County Attorney's Office Jens Nielson (#8246)

Attorney for Appellee Old Town, LLC MILLER HARRISON LLC Douglas C. Shumway (#13863) Amy C. Walker (#18122

Sports Medicine Research And Testing Laboratory, Petitioner V. Board Of Equalization Of Salt Lake County, State Of Utah, And Utah State Tax Commission, Respondents., Utah Supreme Court

Utah Supreme Court Briefs (2021– )

Brief of Appellee Review of final agency action of the Utah State Tax Commission, Appeal No. 20-1618 before Judge Jane Phan

Bruce Olson (2468) RAY QUINNEY & NEBEKER P.C. Attorneys for Sports Medicine Research and Testing Laboratory

SIM GILL (6389) District Attorney for Salt Lake County Timothy A. Bodily (6496) Bradley C. Johnson (10638) Deputy District Attorneys Attorneys for Salt Lake County Board of Equalization

Sports Medicine Research And Testing Laboratory, Petitioner V. Board Of Equalization Of Salt Lake County, State Of Utah, And Utah State Tax Commission, Respondents : Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2021– )

Review of final agency action of the Utah State Tax Commission, Appeal No. 20-1618 before Judge Jane Phan

Bruce Olson (2468), Attorneys for Sports Medicine Research and Testing Laboratory

SIM GILL, Timothy A. Bodily, Bradley C. Johnson, Attorneys for Salt Lake County Board of Equalization

Sports Medicine Research And Testing Laboratory, Petitioner V. Board Of Equalization Of Salt Lake County, State Of Utah, And Utah State Tax Commission, Respondents., Utah Supreme Court

Utah Supreme Court Briefs (2021– )

Brief of Respondent Utah State Tax Commission On Petition for Review of a Final Decision of the Utah State Tax Commission, Appeal No. 20-1618

Samuel A. Lambert Bruce Olson RAY QUINNEY & NEBEKER P.C. Attorneys for Petitioner Sports Medicine Research and Testing Laboratory

Erin T. Middleton (10666) Assistant Solicitor General Michelle Lombardi (14085) Assistant Attorney General Sean D. Reyes (7969) Utah Attorney General Attorneys for Respondent Utah State Tax Commission

Topa Insurance Compnay, Plaintiffs/Appellee. V. The Estate Of Judy Kay Anderson Pedersen : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the Third Judicial District Court, Salt Lake County, before the Honorable Matthew Bates, District Court No. 210903078

Peter H. Christensen Marshall J. Hendrickson Spencer Brown STRONG & HANNI Counsel for Appellee Topa Insurance Company and United Underwriters, Inc. d/b/a United Insurance Group

David A. Cutt Margie G. Coles CUTT KENDELL & OLSON Salt Lake City, Utah 84111 Attorneys for Appellants Shane Stegen and Hailey Morrison

Manuel Lopez, Petitioner/Appellant V. Orwell Precast; Workers,Respondents/Appellees : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

BRIEF OF APPELLEES OWELL PRECAST AND WCF MUTUAL INSURANCE COMPANY

Daniel F. Bertch Caleb Bertch, Esq. BERTCH ASSOCIATES Attorneys for Appellant Manuel Lopez

Joshua M. Woodbury, Esq. WCF MUTUAL INSURANCE COMPANY Attorney for Appellees Owell Precast and WCF Mutual Insurance Company Christopher T. Hill, Esq. UTAH LABOR COMMISSION Attorney for Appellee Utah Labor Commission

Luis Sanchez, Petitioner/ Appellant V. State Of Utah, Respondent/ Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

APPELLANT’S RULE 10(c) PRINCIPAL MEMORANDUM IN SUPPORT OF REVERSAL

Ian L. Quiel, Debra M. Nelson, Benjamin Miller, Attorneys for Mr. Sanchez

Topa Insurance Compnay, Plaintiffs/Appellee. V. The Estate Of Judy Kay Anderson Pedersen : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the Third Judicial District Court, Salt Lake County, before the Honorable Matthew Bates, District Court No. 210903078

Peter H. Christensen Marshall J. Hendrickson Spencer Brown STRONG & HANNI Counsel for Appellee Topa Insurance Company and United Underwriters, Inc. d/b/a United Insurance Group

David A. Cutt Margie G. Coles CUTT KENDELL & OLSON Attorneys for Appellants Shane Stegen and Hailey Morrison

State Of Utah, Plaintiff/Appellee, V. Thomas Jacob Walker, Defendant/Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

This is an appeal from the sentence, judgment and commitment from a bench trial filed the 7th day of April, 2023 in the Fifth Judicial District Court of Iron County, State of Utah, the Honorable Ann Marie McIff Allen presiding. The Appellant was sentenced to serve a suspended jail term, ordering that he pay a fine of TWO HUNDRED AND FIFTY THREE ($253) DOLLARS including the sur charge. He was placed on probation for EIGHTEEN (18) MONTHS, ordered to obey all laws; complete FIFTY (50) hours of community service along with additional terms. This included having no contact of any …

Davie Montes, Plaintiff/Respondent, V. National Buick Gmc, Inc., Defendant/Petitioner. : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2021– )

Brief of Petitioner On Writ of Certiorari to the Utah Court of Appeals

ERIC STEPHENSON STEPHENSON LAW FIRM Counsel for Respondent

ERIK A. OLSON (8479) CONNOR B. ARRINGTON (17560) MARSHALL OLSON & HULL, P.C. Counsel for Petitioner

State Of Utah, Plaintiff / Appellee, V. Richard Scott Mitton, Defendant / Appellant : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On Appeal from the 1st District Court, Honorable Judge Spencer Walsh

Attorneys for Appellant and Defendant, Wayne K. Caldwell,

Attorneys for Appellee and Plaintiff, Andrew F. Peterson

State Of Utah, Plaintiff /Appellee, V. Phillip Mason King, Defendant /Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from convictions for aggravated assault and domestic violence in the presence of a child, both third degree felonies, in the Second Judicial District, Weber County, the Honorable Michael DiReda presiding

FREYJA JOHNSON, Counsel for Appellant

DAVID A. SIMPSON, SEAN D. REYES, THOMAS PEDERSEN, Counsel for Appellee

Clark Memorandum: Fall 2023, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society

The Clark Memorandum

• Five Ways Law School Contributes to Life’s True Purpose
• Faith in Law: A Q&A with President Dallin H. Oaks
• Personal Religious Conviction and the Practice of Law

S86, Llc, A Utah Limited Liability Company, Plaintiff/Appellant V. Wing Enterprises, Incorporated, A Utah Corporation; Arthur Wing, An Individual, Defendants / Appellees : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

ON APPEAL FROM THE FOURTH JUDICIAL DISTRICT COURT THE HONORABLE DEREK P. PULLAN

Mark O. Morris, Cameron J. Cutler, Benjamin J. Mills, Attorneys for Defendants/Appellees

Jefferson W. Gross, S. Ian Hiatt, J. Adam Sorenson, Attorneys for Plaintiff/Appellant

S86, Llc, A Utah Limited Liability Company, Plaintiff/Appellant V. Wing Enterprises, Incorporated, A Utah Corporation; Arthur Wing, An Individual, Defendants / Appellees : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

ON APPEAL FROM THE FOURTH JUDICIAL DISTRICT COURT THE HONORABLE DEREK P. PULLAN

Mark O. Morris, Cameron J. Cutler, Benjamin J. Mills, Attorneys for Defendants/Appellees

Jefferson W. Gross, S. Ian Hiatt, J. Adam Sorenson, Attorneys for Plaintiff/Appellant

Dignity, Deference, And Discrimination: An Analysis Of Religious Freedom In America’S Prisons, Elyse Slabaugh

BYU Law Review

The free exercise of religion often presents a complex reality in prison. Over the years, the standard of scrutiny for free exercise claims has not only been easily alterable but also unclear and inconsistent in its application. Recent legislation, such as RLUIPA and RFRA, has significantly improved the state of religious freedom in prisons. However, two U.S. Supreme Court decisions on RLUIPA—Cutter v. Wilkinson and Holt v. Hobbs—have led to some confusion among lower courts regarding the level of deference that should be afforded to prison officials. Although Holt demonstrated a hard look approach to strict scrutiny, it did nothing …

State Of Utah V. Omar Jesus Cortez-Izarraraz, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Rule 23B Motion
and Supporting
Memorandum
(Public)

State Of Utah V. Omar Jesus Cortez-Izarraraz, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appellant’s Opening Brief
On appeal from the Third Judicial District Court, Salt Lake County,
Honorable McKelvie, District Court
No.201907555
Mr. Cortez-Izarraraz is incarcerated.

When “Close Enough” Is Not Enough: Accommodating The Religiously Devout, Dallan F. Flake

BYU Law Review

Title VII of the Civil Rights Act of 1964 requires employers to “reasonably accommodate” employees’ religious practices that conflict with work requirements unless doing so would cause undue hardship to their business operations. Can an accommodation be reasonable if it only partially removes the conflict between an employee’s job and their religious beliefs? For instance, if a Christian employee requests Sundays off because he believes working on his Sabbath is a sin, and his employer responds by giving him Sunday mornings off to attend church services but requires him to work in the afternoon, has the employer provided a reasonable …

Don’T Say Gay Or God: How Federal Law Threatens Student Religious Rights And Fails To Protect Lgbtq Students, Stephen Mcloughlin

BYU Law Review

Federal law requires schools to protect students from discrimination based on their sexual orientation and gender identity. This protection is based on the principle that students must be free to explore their self-identity within the school environment as part of their intellectual development. Thus, schools must eliminate speech that threatens LGBTQ students based on their gender identity or sexual orientation. However, schools must also protect free speech and religious rights. Indeed, the expression of religious beliefs is also crucial to intellectual growth. Thus, schools must develop student speech policies that protect LGBTQ students from harmful speech while protecting controversial religious …

Free Exercise Of Abortion, Elizabeth Sepper

BYU Law Review

For too long, religion has been assumed to be in opposition to abortion. Abortions consistent with, motivated by, and compelled from religion have been erased from legal and political discourse. Since the fall of Roe v. Wade, free exercise claims against abortion bans have begun to correct course. Women and faith leaders in several states have filed suit, asserting their religious convictions in favor of abortion. They give form to the reality—as progressive theologians have long argued—that to have a child can be a sacred choice, but not to have a child can also be a sacred choice. And they …

The Right To Be Proselytized Under International Law, Ryan Cheney

BYU Law Review

Legal analyses of proselytism have tended to focus on the rights of the proselytizer and on the right of the target of proselytism, or “proselytizee,” to be free from such “interference.” However, such analyses do not fully account for all rights involved in proselytism. When people are prevented from being proselytized, such as by law or by persecution, an important consequence is that they are cut off from a significant source of information on and mechanism for exploring and joining other religions. Despite stigmatizations of proselytism, many people regularly accept it and learn about and join other faiths through it. …

The Impact Of Religion And Religious Organizations, Elizabeth A. Clark

BYU Law Review

Legal scholars often see religion as a mere private preference, choice, value, or identity with no more meaning or positive social impact than any other preference, choice, value, or identity. If anything, religion’s negative impacts are often highlighted. For example, a focus on the harms of religion often underlies contemporary legal debates about religious exemptions and tensions between religious rights and LGBTQ rights or reproductive rights. Conversely, scholars in other fields have documented religion’s distinctive pro-social features, proposing mechanisms by which religion has unique positive impacts on individuals, families, and society. While recognizing that, for its practitioners, religion has its …

State Of Utah Plaintiff /Appellee V. Michael Ignatius Kufrin Defendant /Appellant : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

appeal from the Fourth Judicial District Court, Utah County, Honorable Kraig Powell, District Court No. 171402277

Jonathan S. Bauer, Sean D. Reyes, Counsel for Appellee

Emily Adams, Freyja Johnson, Melissa Jo Townsend, Counsel for Appellant