Law Commons^™

Back To The Sources? What’S Clear And Not So Clear About The Original Intent Of The First Amendment, John Witte Jr.

BYU Law Review

No abstract provided.

State Of Utah Respondent /Appellee, V. Reynaldo Martinez, Petitioner /Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from grant of summary judgment and denial of amended petition for postconviction relief, in the Third Judicial District, Salt Lake County, the Honorable Paul B. Parker presiding

RANDALL W. RICHARDS, Counsel for Appellant

DANIEL L. DAY, SEAN D. REYES, Counsel for Appelleе

State Of Utah Plaintiff/Appellee V. Douglas A. Lovell Defendant/Appellant: Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2021– )

Appeal from a conviction for aggravated murder, a capital felony in the Second District Court, State of Utah, the Honorable Michael Direda, Judge, presiding.

Sean D. Reyes, Attorney for Appellee

Colleen K. Coebergh, Attorney for Appellant

Shane Keisel And Jennifer Huff, Appellants, V. Russell Westbrook Iii And Jazz Basketball Investors, D/B/A The Utah Jazz Appellees. : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the Fourth Judicial District, In and For Utah County, State of Utah Before the Honorable Derek P. Pullan

Matthew L. Lalli, Cameron J. Cutler, Attorneys for Appellee

Scott R. Hoyt, Joseph G. Pia, John P. Mertens, Adam L. Hoyt, Attorneys for Appellants

Shane Keisel And Jennifer Huff, Appellants, V. Russell Westbrook Iii And Jazz Basketball Investors, D/B/A The Utah Jazz Appellees. : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the Fourth Judicial District, In and For Utah County, State of Utah Before the Honorable Derek P. Pullan

Matthew L. Lalli, Cameron J. Cutler, Attorneys for Appellee Russell Westbrook III

Scott R. Hoyt, Joseph G. Pia, John P. Mertens, Adam L. Hoyt, Attorneys for Appellants Shane Keisel and Jennifer Huff

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

Utah Court of Appeals Briefs (2020 –)

Interlocutory appeal from the order of partial summary judgment entered by the Honorable Jennifer A. Brown, Fourth Judicial District Court of Wasatch County, Civil No. 200500032

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

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

Moderating From Nowhere, Gilad Abiri

BYU Law Review

We are living in the midst of a battle over online hate speech regulation, and the stakes could not be higher. Hate speech not only harms its intended victims, be they individuals or groups, but it also polarizes and divides society in ways that undermine the health of democratic regimes. While there is widespread agreement that the current situation of online discourse is untenable, scholars and policymakers are deeply divided on the best way to improve it.

Until recently, American free speech norms have dominated the content moderation policies of digital media platforms. First Amendment norms are extremely resistant to …

Redefining The Boundary Between Appropriation And Regulation, Jessica L. Asbridge

BYU Law Review

The U.S. Supreme Court distinguishes between appropriations and regulations of property rights when interpreting the Fifth Amendment’s Takings Clause. While appropriations of any kind require just compensation to survive constitutional scrutiny, whether non-appropriative laws regulating property rights require compensation is determined on an ad hoc basis, guided by concerns of fairness and justness. In Cedar Point Nursery v. Hassid, the Court reaffirmed its prior precedent establishing the physical takings doctrine, providing that an appropriation is any government action that results in a physical invasion of an owner’s real property and a taking of the owner’s right to exclude. The Court …

Addressing The Next State Fiscal Crisis: Toward An Ex Ante Scheme Of Federal Assistance To States In Fiscal Distress, Omer Kimhi

BYU Law Review

Every several years, usually after a national recession, and also as a result of the C OVID 19 pandemic, states enter financial difficulties. These difficulties spur a debate, both in the political arena and in the academic literature, concerning the appropriate federal response. Some advocate for federal bailouts to rescue the distressed states, while others argue that the states need to deal with their troubles independently or with the help of state bankruptcy legislation. The Article explores the proper federal response to states’ fiscal fiscal crises.

The Article argues that the current (suggested) responses – state bankruptcy and ex-post discretionary …

Cybersecurity Spillovers, Mark Verstraete, Tal Zarsky

BYU Law Review

This Article identifies and analyzes a previously unrecognized source of positive externalities within cybersecurity, which we term "cybersecurity spillovers". Most commentators have focused on negative externalities and market failures, leading to a pervasive pessimism about the possibility of adequate cybersecurity protections. In response, this Article demonstrates that unique dynamics from the world of cloud computing – most notably, indivisibility – may force cloud service firms to generate spillovers. These spillovers are additional security protections provided to common cloud users: clients who may not have been willing or able to acquire these security services otherwise. Furthermore, this additional source of security …

A Memorial And Remonstrance Against Taxation Of Churches, Reece Barker

BYU Law Review

No abstract provided.

Balancing Precautions In Attacks Versus Precautions Againstnthe Effects Of Attacks In Urban Armed Conflict, Andrew Navarro

BYU Law Review

No abstract provided.

Shane Keisel And Jennifer Huff, Appellants, V. Russell Westbrook Iii And Jazz Basketball Investors, D/B/A The Utah Jazz Appellees. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On Appeal from the Fourth Judicial District Court, Utah County, Honorable Derek P. Pullan

Scott R. Hoyt, Joseph G. Pia, John P. Mertens, Adam L. Hoyt, Ciera C. Archuleta, Attorneys for Appellants Shane Keisel and Jennifer Huff

Matthew L. Lalli, Cameron J. Cutler, Victor D. Vital, Attorneys for Appelleе Russell Westbrook III

Shane Keisel And Jennifer Huff, Appellants, V. Russell Westbrook Iii And Jazz Basketball Investors, D/B/A The Utah Jazz Appellees. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On Appeal from the Fourth District Court, Utah County, State of Utah, the Honorable Derek P. Pullan, Dist. Ct. No. 190401976

Scott R. Hoyt, Joseph G. Pia, John P. Mertens, Adam L. Hoyt, Ciera C. Archuletta, Attorneys for Appellants Shane Keisel and Jennifer Huff

Jeffrey J. Hunt, David C. Reymann, Michael S. Anderson, Victoria R. Luman, Attorneys for Appellee Jazz Basketball Investors, Inc. d/b/a The Utah Jazz

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 from the Utah State Tax Commission, No. 19-2384

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

Sarah Goldberg, Sean D. Reyes, Counsel for Respondent

Brittany Lee Elder, Appellee V. Matt Blake Elder, Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Second Judicial District Court,

Steven C. Tycksen, Attorneys for Appellee Brittany Lee Elder

Julie J. Nelson, Jaclyn Robertson, Attorneys for Appellant Matt Blake Elder

Inside The Black Box Of Prosecutor Discretion, Shima Baradaran Baughman, Megan S. Wright, Christopher T. Robertson

Faculty Scholarship

In their charging and bargaining decisions, prosecutors have unparalleled and nearly-unchecked discretion that leads to incarceration or freedom for millions of Americans each year. More than courts, legislators, or any other justice system player, in the aggregate prosecutors’ choices are the key drivers of outcomes, whether the rates of mass incarceration or the degree of racial disparities in justice. To date, there is precious little empirical research on how prosecutors exercise their breathtaking discretion. We do not know whether they consistently charge like cases alike or whether crime is in the eye of the beholder. We do not know what …

The Prudential Standing Quandary When Discriminatory, Facially Neutral Laws Allegedly Cause Collateral Damage, Richard Luedeman

Brigham Young University Journal of Public Law

No abstract provided.

The Territorial And District Representation Amendment: A Proposal, Colin P.A. Jones

Brigham Young University Journal of Public Law

This article will propose and explain a draft amendment to the United States Constitution that would secure an intermediate degree of political representation for Americans living in U.S. territories. While concerned principally with U.S. territories, the amendment would also address Congressional representation for the District of Columbia.

Informal Governance Of The United States, Edward Lee

Brigham Young University Journal of Public Law

No abstract provided.

Frontmatter

Brigham Young University Journal of Public Law

No abstract provided.

Giving Hardison The Hook: Restoring Title Vii’S Undue Hardship Standard, Kade Allred

Brigham Young University Journal of Public Law

No abstract provided.

A Call For State Legislators To Reconsider Their Stance On School Choice And School Funding, Leah Blake

Brigham Young University Journal of Public Law

No abstract provided.

State Of Utah Respondent /Appellee, V. Reynaldo Martinez, Petitioner /Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Post-Conviction Relief Factual Innocence Appeal from a conviction for first degree aggravated Robbery in violation of Utah Code Ann. § 76-6-302 and a Class A Misdemeanor Failure to Remain at Accident involving injury in violation of Utah Code Ann. § 41-6A-401.3(3)(A), in the Third District Court, State of Utah, the Honorable Paul B. Parker, Judge, Presiding. Plaintiff/Appellee is currently incarcerated at the Utah State Prison Draper

DANIEL L. DAY, Counsel for Appellee

Randall W. Richards, Counsel for the Appellant

State Of Utah, Plaintiff / Appellee V. Roberto Garcia, Defendant / Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Second Judicial District Court, Weber County, Honorable Joseph Bean, District Court No. 201901238

Sean Reyes, Counsel for Appellee

Emily Adams, Freyja Johnson, Counsel for Appellant

Durbano Properties, L.C., Petitioner, V. Utah State Tax Commission And Washington County Board Of Equalization, Respondents : Brief Of Appellant, 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, Steven Scott, Attorney for Respondents

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

Colleen Renae Wilson, Appellant, V. Jed Wilson, Appellee : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Fourth Judicial District Court, Utah County, Commissioner Marian Ito and Judge Derek P. Pullan, District Court No. 194402700

Angilee K. Dakic, Attorney for Appellant

Marilyn Brown, D. Grant Dickinson, Attorneys for Appellee

State Of Utah, Plaintiff / Appellee V. Justin Jessop, Defendant / Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Second Judicial District Court, Weber County, Honorable Michael DiReda, District Court No. 191902276

Sean Reyes, Counsel for Appellee

Emily Adams, Freyja Johnson, Scott D. Goodwin, Counsel for Appellant

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

Utah Supreme Court Briefs (2021– )

On Writ of Certiorari from the opinion of the Utah Court of Appeals, State v. Torres-Orellana, 2021 UT App 75 (issued July 9, 2021)

David A. Simpson, Sean Reyes, Counselfor Respondent

Emily Adams, Freyja Johnson, Counsel for Petitioner

Steve Turley, An Individual, Plaintiff/Appellee V. Trudy J. Childs, Individually And As Trustee Of The Trudy J. Childs : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the Fourth Judicial District Court in and for Utah County Case No. 190401185

Barry N. Johnson, Daniel K. Brough, Ryan M. Merriman, Attorneys for Appellants

Craig Carlile, Brent D. Wride, Attorneys for Appellee