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Full-Text Articles in Law

Christian Faith-Based Organizations As Third Party Interveners At The European Court Of Human Rights, Eugenia Relaño Pastor Jun 2021

Christian Faith-Based Organizations As Third Party Interveners At The European Court Of Human Rights, Eugenia Relaño Pastor

BYU Law Review

No abstract provided.


Human Dignity Has No Borders: Respecting The Rights Of “People On The Move” And The Rights And Religious Freedom Of Those Who Aid Them, Christine M. Venter Jun 2021

Human Dignity Has No Borders: Respecting The Rights Of “People On The Move” And The Rights And Religious Freedom Of Those Who Aid Them, Christine M. Venter

BYU Law Review

No abstract provided.


Emily Hunsaker, Plaintiff/ Appellant V. American Healthcare Capital, Defendant/ Appellee. : Brief Of Appellant, Utah Court Of Appeals Jun 2021

Emily Hunsaker, Plaintiff/ Appellant V. American Healthcare Capital, Defendant/ Appellee. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from Findings of Fact and Conclusions of Law and Rule 58Afinal Judgment of the Fourth Judicial District Court in and for Utah County, Spanish Fork Department, State of Utah. Trial Judge Jared Eldridge

ATTORNEYS FOR APPELLANTS, Justin D. Heideman (USB #8897), Justin R. Elswick (USB #9153)

ATTORNEYS FOR APPELLEE, Jere Reneer (USB #7967)


Rethinking Copyright Harmonization, Clark D. Asay Jun 2021

Rethinking Copyright Harmonization, Clark D. Asay

Faculty Scholarship

For nearly half a century, the United States has been one of the main proponents of harmonizing the world’s copyright laws. To that end, the U.S. government has worked diligently to persuade (and, in some cases, bully) most of the world’s countries to adopt copyright standards that resemble those found in the United States. The primary reason for this push to harmonize the world’s copyright laws is simple: the United States has long been a net exporter of copyrighted works, and so the U.S. government has sought to ensure that other countries provide U.S. authors with the same economic rights …


Canyon Advantage Llc And Breckenridge Property Fund 2016 Llc Appellees, V. Contract Management Serve., Iron Horse Fiducciaries, And Michael Van Leeuwen, Appellants : Brief Of Appellee, Utah Court Of Appeals May 2021

Canyon Advantage Llc And Breckenridge Property Fund 2016 Llc Appellees, V. Contract Management Serve., Iron Horse Fiducciaries, And Michael Van Leeuwen, Appellants : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

APPEAL FROM A FINAL JUDGMENT OF THE THIRD DISTRICT COURT, SALT LAKE COUNTY, STATE OF UTAH, THE HONORABLE RICHARD E. MRAZIK, DISTRICT JUDGE, PRESIDING

Lou G. Harris, Attorneys for Appellants/Defendants, Michael J. Van Leeuwen, Pro Se Appellant/Third-Party Defendant

Sara E. Bouley, Attorney for Appellee/Plaintiff


Melissa Hanson, N.K.A. Melissa Bradford Petitioner/Appellee, V. Norman Lee Hanson, Respondent/Appellant : Brief Of Appellant, Utah Court Of Appeals May 2021

Melissa Hanson, N.K.A. Melissa Bradford Petitioner/Appellee, V. Norman Lee Hanson, Respondent/Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On Appeal from: Honorable Laura Scott Third Judicial District Court

Attorneys for Appellant, David W. Read

Attorney for Appellee, Russell Yauney


State Of Utah, Plaintiff, V. Kevin Ashley Morris, Defendant : Brief Of Appellant, Utah Court Of Appeals May 2021

State Of Utah, Plaintiff, V. Kevin Ashley Morris, Defendant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

ON APPEAL FROM A MINUTES SENTENCE, JUDGEMENT AND COMMITMENT, ENTERED BY THE FOURTH JUDICIAL DISTRICT COURT, UTAH COUNTY, STATE OF UTAH

D. Jacob Summers, Prosecutor for Orem City

K. ANDREW FITZGERALD, #8944, Attorney for Kevin Ashley Morris, Appellant


State Of Utah, Plaintiff V. Kevin Ashley Morris, Defendant. : Brief Of Appellant, Utah Court Of Appeals May 2021

State Of Utah, Plaintiff V. Kevin Ashley Morris, Defendant. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

BRIEF OF APPELLANT ON APPEAL FROM A MINUTES SENTENCE, JUDGEMENT AND COMMITMENT, ENTERED BY THE FOURTH JUDICIAL DISTRICT COURT, UTAH COUNTY, STATE OF UTAH

D. Jacob Summers Prosecutor for Orem City

K. ANDREW FITZGERALD, #8944 Attorney for Kevin Ashley Morris, Appellant


State Of Utah, Plaintiff/Appellee V. Darren C. Bluemel, Defendant/Appellant : Brief Of Appellant, Utah Court Of Appeals May 2021

State Of Utah, Plaintiff/Appellee V. Darren C. Bluemel, Defendant/Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Third Judicial District Court Case No. 991906513, the Honorable Mark Kouris presiding

Darren C. Bluemel, Pro se Defendant-Appellant

Catherine F. Jordan (17552), Attorney for Plaintiff-Appellee State of Utah


Wavetronix Llc, Petitioner V. Auditing Dmsion Of The Utah State Tax Commission, Respondent : Brief Of Appellant, Utah Supreme Court May 2021

Wavetronix Llc, Petitioner V. Auditing Dmsion Of The Utah State Tax Commission, Respondent : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2021– )

On petition for review from the Utah State Tax Commission, Agency No.13-2579

Erin T. Middleton Mark E. Wainwright John C. McCarrey Attorneys for Respondent Auditing Division of the Utah State Tax Commission

Troy L. Booher (9419) J. Frederic Voros, Jr. (3340) Dick J. Baldwin (14587) Michael D. Black (9132) COMMON LAW PC 299 S. Main, Suite 1300 Attorneys for Petitioner Wavetronix LLC


Clark Memorandum: Spring 2021, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society May 2021

Clark Memorandum: Spring 2021, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society

The Clark Memorandum

Read on Issuu


Pasquarello, Plaintiffs/ Appellants V. Tcc Veterinary Services, Inc., Dr. Tyler S. Stiens, Artz Vetmed : Appellees' Opening Brief, Utah Supreme Court Apr 2021

Pasquarello, Plaintiffs/ Appellants V. Tcc Veterinary Services, Inc., Dr. Tyler S. Stiens, Artz Vetmed : Appellees' Opening Brief, Utah Supreme Court

Utah Supreme Court Briefs (2021– )

Joseph E. Wrona (#8746), Brian A. Flach (#17408), Attorneys for Appellees

Stephen K. Christiansen (#6512), Heidi K. Gordon (#11655), Attorneys for Appellants


Pasquarello, Plaintiffs/ Appellants V. Tcc Veterinary Services, Inc., Dr. Tyler S. Stiens, Artz Vetmed : Appellees' Opening Brief, Utah Supreme Court Apr 2021

Pasquarello, Plaintiffs/ Appellants V. Tcc Veterinary Services, Inc., Dr. Tyler S. Stiens, Artz Vetmed : Appellees' Opening Brief, Utah Supreme Court

Utah Supreme Court Briefs (2021– )

Joseph E. Wrona (#8746), Brian A. Flach (#17408), Attorneys for Appellees

Stephen K. Christiansen (#6512), Heidi K. Gordon (#11655), Attorneys for Appellants


Kourtni Haskell, Plaintiff/ Appellant, Vs. Wakefield & Assocaites, Inc. , And Matthew Frawley, An Individual, Defendants/ Appellees, Utah Court Of Appeals Apr 2021

Kourtni Haskell, Plaintiff/ Appellant, Vs. Wakefield & Assocaites, Inc. , And Matthew Frawley, An Individual, Defendants/ Appellees, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the Third Judicial District Court, Salt Lake County, State of Utah The Honorable Judge Andrew Stone

Attorneys for Appellees, Mark A. Nickel, David Gamer, GORDON REES SCULLY MANSHUKANI, LLP

Attorneys for Appellant, Daniel Baczynski, BACZYNSKI LAW, PLLC,


Kourtni Haskell, Plaintiff/ Appellant V. Wakefield & Assocait Es, Inc., And Matthew Frawley, An Individual, Defendants/ Appellees : Reply Brief, Utah Court Of Appeals Apr 2021

Kourtni Haskell, Plaintiff/ Appellant V. Wakefield & Assocait Es, Inc., And Matthew Frawley, An Individual, Defendants/ Appellees : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the Third Judicial District Court, Salt Lake County, State of Utah The Honorable Judge Andrew Stone

Attorneys for Appellees, Mark A. Nickel, David Gamer

Attorneys for Appellant, Daniel Baczynski


State Of Utah, Plaintiff/ Appellee V. Anthony Jeffrey Christensen, Defendant/ Appellant. : Brief Of Appellee, Utah Court Of Appeals Apr 2021

State Of Utah, Plaintiff/ Appellee V. Anthony Jeffrey Christensen, Defendant/ Appellant. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from a conviction for assault by a prisoner, a first­ degree felony, in the Sixth Judicial District, Sanpete County, the Honorable Marvin D. Bagley presiding

PETER DAINES Counsel for Appellant

JONATHANS. BAUER (10004) SEAN D. REYES (7969) Utah Attorney General KEVIN L. DANIELS Counsel for Appellee


South Weber City, Plaintiff - Appellee V. Cobblestone Resort, Llc; Wonae Mier; And Sustin Shiozaki : Brief Of Appellant, Utah Court Of Appeals Apr 2021

South Weber City, Plaintiff - Appellee V. Cobblestone Resort, Llc; Wonae Mier; And Sustin Shiozaki : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

APPEAL FROM A JUDGMENT OF THE SECOND DISTRICT COURT OF DAVIS COUNTY, FARMINGTON DEPARTMENT, STATE OF UTAH, HON. ROBERT J. DALE, JUDGE

Jayme L. Blakesley, Robert C. Keller, Danica N. Cepernich, Nathanael J. Mitchell, Attorneys for Appellee

Matthew J. Morrison, Attorney for Appellants


2021 Byu Law Review Masthead Apr 2021

2021 Byu Law Review Masthead

BYU Law Review

No abstract provided.


Byu Law School Faculty Listing Apr 2021

Byu Law School Faculty Listing

BYU Law Review

No abstract provided.


Byu Law Review Subscription Information Apr 2021

Byu Law Review Subscription Information

BYU Law Review

No abstract provided.


Table Of Contents Apr 2021

Table Of Contents

BYU Law Review

No abstract provided.


Dignity And Discrimination, Frederick Mark Gedicks Apr 2021

Dignity And Discrimination, Frederick Mark Gedicks

BYU Law Review

Delivered as the Dignity in Law Symposium keynote address, this essay surveys uses of dignity in U.S. constitutional law, with a focus on conflicts between the dignities attached to citizenship and religious conscience. Parts I and II discuss dignity as state sovereignty and hierarchical status. Part III examines the collision of dignities in the Masterpiece Cakeshop decision. Part IV argues that attention to the public or private nature of the site where religious accommodation is demanded clarifies when accommodation is appropriate, using a house of worship and a government office as illustration s. Part V lists other sites of accommodation …


When Imitation Is Not Flattery: Addressing Cultural Exploitation In Guatemala Through A Sui Generis Model, Paul Figueroa Apr 2021

When Imitation Is Not Flattery: Addressing Cultural Exploitation In Guatemala Through A Sui Generis Model, Paul Figueroa

BYU Law Review

Indigenous Guatemalan weavers are fighting for intellectual property laws that better protect their designs and other cultural expressions. The exploitation and appropriation by local and international companies has negatively affected the weavers’ livelihoods and resulted in culturally inappropriate uses of spiritual and t raditional symbols. Adhering to Western ideals of individual creativity and utility, intellectual property laws in most of the world (including Guatemala) are not suited to protect indigenous creations. To address this legal gap, some countries have adopte d sui generis legal regimes that align with communal notions of creation, ownership and stewardship found in indigenous knowledge systems. …


What Does The State Owe To Its People? Toward A “Responsibility To Develop”, Amit Khardori Apr 2021

What Does The State Owe To Its People? Toward A “Responsibility To Develop”, Amit Khardori

BYU Law Review

No abstract provided.


Preventing Perpetrators Of Sexual Misconduct From Circulation In The International Development And Humanitarian Assistance Sectors, Susan Keller Pascocello Apr 2021

Preventing Perpetrators Of Sexual Misconduct From Circulation In The International Development And Humanitarian Assistance Sectors, Susan Keller Pascocello

BYU Law Review

No abstract provided.


Indigenous Dignity And The Right To Be Forgotten, Trevor Reed Apr 2021

Indigenous Dignity And The Right To Be Forgotten, Trevor Reed

BYU Law Review

No abstract provided.


Peggy Zazzetti, Plaintiff/Appellant V. Prestige Senior Living Center : Reply Brief, Utah Court Of Appeals Apr 2021

Peggy Zazzetti, Plaintiff/Appellant V. Prestige Senior Living Center : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal From Third District Court, Summit County - Hon. Kent Holmberg

Joseph E. Minnock, Attorney for Appellee/Defendant Action, Jeremy Stuart, Nathanael J. Mitchell, Attorneys for Appellee/Defendant Prestige Senior Living

Daniel F. Bertch, Caleb Bertch, Attorneys for Plaintiff/Appellant


Yvonne Drummer, Plaintiff/ Appellant V. University Health Care And John And Jane Does 1-50 : Brief Of Appellee, Utah Court Of Appeals Apr 2021

Yvonne Drummer, Plaintiff/ Appellant V. University Health Care And John And Jane Does 1-50 : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

ON APPEAL FROM THE THIRD JUDICIAL DISTRICT COURT THE HONORABLE LINDA JONES

Tyler T. Todd (#10691), Attorneys for Appellant

Terence L. Rooney (#5789), J. Adam Sorenson (#16577), Attorneys for Appellee University Health


State Of Utah, Plaintiff / Petitioner V. Christopher James Bonds Defendant /Respondent : Reply Brief, Utah Supreme Court Apr 2021

State Of Utah, Plaintiff / Petitioner V. Christopher James Bonds Defendant /Respondent : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2021– )

On Writ of Certiorari to the Utah Court of Appeals

NATHALIE S. SKIBINE, Counsel for Respondent

JEFFREY S. GRAY, SEAN D. REYES, TONY F. GRAF, Counsel for Petitioner


Settling Data Protection Law: Multistate Actions And National Policymaking, Elysa M. Dishman Apr 2021

Settling Data Protection Law: Multistate Actions And National Policymaking, Elysa M. Dishman

Faculty Scholarship

Data privacy and cybersecurity law in the United States is as unsettled as it is unsettling. By failing to pass comprehensive data protection legislation, Congress has settled for uncertainty. And the authority of the Federal Trade Commission (FTC) to enforce and seek remedies in this area has been challenged by litigants, including a case currently pending in the U.S. Supreme Court. Nevertheless, FTC enforcement settlements play a vital role in data regulation. These settlements include corporate structural reforms that become de facto regulations by shaping corporate practices nationwide.

State attorneys general (AGs) have become increasingly prominent data policymakers through enforcement …