Law Commons^™

State Of Utah, Plaintiff /Respondent Vs. Elbert John Pule, Defendant /Petitioner : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2021– )

Corrected Brief of Petitioner on Writ of Certiorari

NATHAN JACK, SEAN REYES, Counsel for Respondent

DOUGLAS J. THOMPSON, JENNIFER FORESTA, Counsel for Petitioner

State Of Utah, Plaintiff/ Respondent, V. William Torres-Orellana, Defendant /Petitioner : Brief Of Respondent, Utah Supreme Court

Utah Supreme Court Briefs (2021– )

On Writ of Certiorari to the Utah Court of Appeals

EMILY ADAMS, FREYJA JOHNSON, Counsel for Petitioner

DAVID A. SIMPSON, SEAN D. REYES, TERAL L. TREE, Counsel for Respondent

Big Game Forever, A Utah Nonprofit Corporation, Appellant, V. Eric S. Peterson, An Individual; The Utah Investigative Journalism Project, A Utah Nonprofit Corporation; Utah Department Of Natural Resources; And The State Records Committee, Appellees.: Brief Of The Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

ON APPEAL FROM THE THIRD DISTRICT COURT, SALT LAKE COUNTY, UTAH BEFORE THE HONORABLE KARA PETTIT

D. Loren Washburn, Trinity Jordan

David C. Reymann, Jeffrey J. Hunt, Attorneys for Appellees Peterson and The Utah Investigative Journalism

Taylor Lynn Scott, Respondent / Appellee V. Sarah Catherine Benson, Appellant / Petitoner : Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2021– )

On Writ of Certiorari from the Utah Court of Appeals No. 20210280-СA Following appeal from the Third Judicial District Court, Honorable Richard D. McKelvie, District Court No. 194903038

Julie J. Nelson, Alexandra Mareschal, Attorneys for Appellant Sarah Catherine Benson Cooper

Jeremy Jones, Jeffrey C. Jensen, Attorneys for Appellee Taylor Lynn Scott

Michael Robert Tilleman, Appellant /Petitioner V. Michal Christine Tilleman, Appellee /Respondent : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from an order of the Honorable James Brady in the Fourth Judicial District Court, Case No. 164402522

Julie J. Nelson, Attorney for Michael Robert Tilleman

Douglas B. Thayer, Andy V. Wright, Jessica Griffin Anderson, Attorneys for Michal Christine Tilleman

Michael Robert Tilleman, Appellant V. Michal Christine Tilleman, Appellee : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

appeal from an order of the Honorable James Brady in the Fourth Judicial District Court, Case No. 164402522

Julie J. Nelson, Attorney for Michael Robert Tilleman

Douglas B. Thayer, Attorneys for Michal Christine Tilleman

The Byu Advocate, J. Reuben Clark Law School

The BYU Advocate (& Annual Reports)

"… I am inspired with a sense of hope and gratitude. We will continue to experience adversity and to face obstacles—socially, personally, and politically—that may at times seem intractable. But judging by the successes of our past and seeing in our students a glimpse of our future, I am confident that BYU Law and the BYU Law community will continue to flourish in adversity." – D. Gordon Smith

Nicholas Kuhar And Julie Kuhar, Respondent, V. Thompson Manufacturing, Inc., Petitioner : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2021– )

Appeal from the Third Judicial District Court, Salt Lake County, State of Utah Judge Kristine Johnson Presiding, District Court No. 190900751 Utah Court of Appeals No. 20200584-CA

Colin P. King, Paul M. Simmons, Matthew Weng, Attorneys for Plaintiffs/ Appellees/ Respondents

Robert L. Janicki, Michael L. Ford, Attorneys for Defendant/Appellant/Petitioner Thompson Manufacturing, Inc.

The Million-Dollar Diversity Docket, Steven Gensler, Roger Michalski

BYU Law Review

Congress has always imposed an amount in controversy requirement for general diversity jurisdiction. Congress initially set the jurisdictional amount at $500 in 1789 and has raised it six times, most recently in 1996 to its current $75,000 threshold. That requirement has been described as ensuring that the federal courts not become bogged down by “petty” or “insubstantial” state-law cases. Given that it has been twenty-five years since the last increase, we are probably overdue for another one. But to what amount? For what purpose? And with what effects on the size and composition of the diversity docket? What would happen …

The Copyright Wasteland, Shani Shisha

BYU Law Review

The Copyright Act grants certain exclusive rights to authors of creative works. But many of these exclusive rights are notoriously underspecified. And while a rich body of case law grapples with one copyright entitlement—the right to reproduce the copyrighted work— courts rarely engage in earnest with other exclusive rights. As a result, courts appear to have only a rudimentary understanding of the precise scope of copyright law. Because courts focus almost singularly on questions of reproduction, other exclusive rights fall by the wayside. This Article contends, counterintuitively, that the problem is traceable to a much-maligned feature of our copyright system: …

The Parishioner & The Probationer: Make Probation Non-Profit Again, James Rex Lee

BYU Law Review

No abstract provided.

The Legitimacy Of International Human Rights Law—Addressing The Justification Gap, Brock M. Mason

BYU Law Review

No abstract provided.

Public Trauma: Why Utah Should Waive Immunity For Mental Anguish Injuries, Adam Reed Moore

BYU Law Review

No abstract provided.

Dennis C. Ellis And Maria Ellis,. Appellants, V. La Val Enterprises, Ltd., Mikle Val Ellis, Kelly D. Ellis, Shelly Rowlan, And Stacey Rowlan Appellees : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Fourth Judicial District Court, Wasatch County, Honorable Jennifer A. Brown, District Court No. 200500032

David R. Nielson, Nathan D. Anderson, Attorneys for Appellees

Troy L. Booher, Beth E. Kennedy, Caroline A. Olsen, Attorneys for Appellants

Alexis Doutre, Appellant, V. Box Elder County; Brigham City; Union Pacific Railroad Company; And Utah Department Of Transportation, Appellees : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Second Judicial District Court, Weber County, Honorable Noel S. Hyde, District Court No. 180906306

Susan Black Dunn, Attorney for Appellee Box Elder County, Matthew D. Church, Attorney for Appellee Brigham City

Troy L. Booher, Beth E. Kennedy, Taylor P. Webb, Attorneys for Appellant Alexis Doutre

Taylor Lynn Scott, Respondent / Appellee V. Sarah Catherine Benson, Appellant / Petitoner : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2021– )

On Writ of Certiorari to the Utah Court of Appeals On appeal from the Third Judicial District Court, Honorable Richard McKelvie, District Court No. 194903038

Jeffrey C. Jensen, Attorney for Appellee Taylor Lynn Scott

Julie J. Nelson, Alexandra Mareschal, Attorneys for Appellant Sarah Catherine Benson

State Of Utah, Plaintiff/Appellee V, Joshua Martin, Defendant/Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from a final judgment granting the State’s motion for summary judgment and denying the petition for postconviction relief, in the Fourth Judicial District, Utah County, the Honorable James Brady presiding

JOSHUA MARTIN, Appellant Pro Se

MARK C. FIELD, SEAN D. REYES, Counsel for Appellee

Innovation’S Hidden Externalities, Stephanie Plamondon Bair

BYU Law Review

When commentators discuss innovation’s externalities, they often classify them into one of two categories. On the positive externalities, or “spillovers” side, legal and economics scholars often speak of the benefits innovation confers on other innovators. Future innovators profit from past innovation as they “stand on the shoulders of giants” to develop progressively new and better innovation. Discussion of innovation’s negative externalities, on the other hand, has mainly focused on social harms not directly related to future innovation that particular advances impose on third parties—the classic example being pollution. Thus, the common understanding is that innovation’s spillovers positively impact innovation (among …

The Internet Immunity Escape Hatch, Gregory M. Dickinson

BYU Law Review

Internet immunity doctrine is broken, and Congress is helpless. Under Section 230 of the Communications Decency Act of 1996, online entities are absolutely immune from lawsuits related to content authored by third parties. The law has been essential to the internet’s development over the last twenty years, but it has not kept pace with the times and is now deeply flawed. Democrats demand accountability for online misinformation. Republicans decry politically motivated censorship. And all have come together to criticize Section 230’s protection of bad-actor websites. The law’s defects have put it at the center of public debate, with more than …

Supreme Court Legitimacy: A Turn To Constitutional Practice, Thomas G. Donnelly

BYU Law Review

Commentators offer the Justices consistent—if unsolicited—advice: tend to the Supreme Court’s institutional legitimacy. However, to say this—without saying more—is to say very little. Of course, constitutional theorists already wrestle with the meaning of legitimacy—its contours, its complexity, and its influence on the Justices. Political scientists debate the relationship between institutional concerns and judicial behavior. At the same time, previous scholars largely ignore issues of constitutional practice. This is a mistake. In this Article, I take up this neglected topic. To that end, I detail how the individual Justice might work to bolster the Court’s legitimacy in concrete cases. Part of …

Thank You For Not Publishing (Unexamined Patent Applications), Lidiya Mishchenko

BYU Law Review

Since 2000, the U.S. Patent & Trademark Office (“PTO”) has published nearly all patent applications as they are submitted by applicants. Scholars and practitioners have praised this practice for providing timely notice of the potential legal rights the application may eventually cover. But maximizing timeliness and transparency in this way can also create significant costs, which may chill innovation and deter the development and funding of new research areas. This Article explores these often-unrecognized costs of publishing unexamined patent applications and proposes solutions that balance the benefits of early notice with the costs of patent system uncertainty. Published patent applications …

Intellectual Property In E-Commerce Retail Arbitrage: An Analysis Of The Legality Of Using Intellectual Property In Drop-Shipping, Kara J. Bloomer

BYU Law Review

No abstract provided.

Clark Memorandum: Spring 2022, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society

The Clark Memorandum

• General Joseph Smith and His Candidacy for the Presidency of the United States
• Leadership Lessons from the Life of Dallin H. Oaks
• Flunking the Founding
• Seven Lessons from the Life of Rex Lee

Michael Robert Tilleman, Appellant V. Michal Christine Tilleman, Appellee : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Fourth Judicial District Court, Honorable James Brady, District Court No. 164402522

Douglas Thayer, Andy Wright, Attorneys for Appellee

Julie J. Nelson, Attorney for Appellant Michael Robert Tilleman

Durbano Properties, L.C., Petitioner, V. Utah State Tax Commission And Washington County Board Of Equalization, Respondents : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2021– )

On Petition for Review of August 4, 2021, Final Decision of the Utah State Tax Commission for Appeal No. 19-2384

Sarah Goldberg, Sean D. Reyes, Attorneys for Respondent

Douglas M. Durbano, Richard A. Bednar, Attorneys for Petitioner

Liberalism, Catholic Integralism, And The Question Of Religious Freedom, Xavier Foccroulle Ménard, Anna Su

BYU Law Review

This Article investigates new Catholic integralism and its critique of liberalism and aims to answer whether a liberal idea of religious freedom is possible under an integralist regime. To do so, we first sketch the respective views of liberalism and Catholic integralism on each other, with an emphasis on integralism. For integralism, liberalism is not merely a political phenomenon, but a comprehensive worldview with hidden metaphysical and theological implications. Integralism views the function of political rule as ordering human beings to their final cause. We specifically delve in foundational Catholic principles to guide rulers when governing—prudence and subsidiarity—to establish how …

Separated At Baptism: What The Mortara Case Can Teach Us About The Rejection Of Natural Justice By Integralists And Progressives, Francis J. Beckwith

BYU Law Review

No abstract provided.

Praying For America: The Anti-Theocracy And Equal Status Principles Of The Free Exercise, Equal Protection And Establishment Clauses, Corey Brettschneider

BYU Law Review

In this essay I argue that the Constitution’s Equal Protection, Establishment, and Free Exercise Clauses share common principled limits on the role that religion can play in public life. Specifically, drawing on the free-exercise case of Church of the Lukumi Babalu Aye, Inc. v. City of Hialeah, the equal protection case of Romer v. Evans, and the establishment clause case of Town of Greece v. Galloway, I propose two principles to describe the proper place of religious justification as a basis for law. The first requirement is that in addition to any religious reasons for laws, the state must have …

Political Partisanship And Sincere Religious Conviction, Mark Satta

BYU Law Review

In order for a religious conviction to receive protection under the First Amendment or the Religious Freedom Restoration Act (RFRA), it must be a sincere religious conviction. Some critics of the Supreme Court’s ruling in Burwell v. Hobby Lobby have suggested that the plaintiffs in that case and in related cases were motivated more by political ideology than by sincere religious conviction. The remedy, they argue, is for courts to be quicker to scrutinize claims of religious sincerity. In this Article, I consider another possibility—namely, that current sociopolitical partisanship in the United States has eroded a clear distinction between political …

Political Trust, Kevin Vallier

BYU Law Review

No abstract provided.