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Cyber Deterrence, Eric Talbot Jensen Dec 2012

Cyber Deterrence, Eric Talbot Jensen

Faculty Scholarship

Cyber operations by both state actors and non-state actors are increasing in frequency and severity. As nations struggle to defend their networks and infrastructure, their ability to apply the principles of deterrence to cyber activities correspondingly increases in importance. Cyber deterrence offers much more flexibility and increased options from traditional deterrence methodologies developed in the Cold War’s nuclear age. In addition to traditional retaliation, cyber deterrence includes options such as taking legal action; and making networks invisible, resilient, and interdependent. It also presents new ways to view and apply accepted methodologies such as invulnerability. As the U.S. continues to develop …


With Religious Liberty For All: A Defense Of The Affordable Care Act's Contraception Coverage Mandate, Frederick Mark Gedicks Oct 2012

With Religious Liberty For All: A Defense Of The Affordable Care Act's Contraception Coverage Mandate, Frederick Mark Gedicks

Faculty Scholarship

The “contraception mandate” of the Patient Protection and Affordable Care Act of 2010 poses a straightforward question for religious liberty jurisprudence: Must government excuse a believer from complying with a religiously burdensome law, when doing so would violate the liberty of others by imposing on them the costs and consequences of religious beliefs that they do not share? To ask this question is to answer it: One's religious liberty does not include the right to interfere with the liberty of others, and thus religious liberty may not be used by a religious employer to force employees to pay the costs …


Consumers: The (Still) Missing Piece In A Piecemeal Approach To Privacy, Clark Asay Aug 2012

Consumers: The (Still) Missing Piece In A Piecemeal Approach To Privacy, Clark Asay

Faculty Scholarship

U.S. consumers have little actual control over how companies collect, use, and disclose their personal information. This paper identifies two specific instances of this lack of control under U.S. law related to third-party disclosures, what I call the Incognito and Onward Transfer Problems. It then identifies the types of privacy harms that result and examines the advantages and possible drawbacks of a model law aimed at addressing these specific problems. The model law is based on a system of consumer notice and choice, the predominant method used in the U.S. to provide consumers with control over their information. Up until …


Aaron Clark, Plaintiff/Appellant, V. Alpine Marketing, Inc., A Utah Corporation, Andrew M. Friedman, An Individual, Defendants/Appellees, And Jill Johnson, Extreme Holding Llc, Dba Prudential Utah Real Estate, Defendants, Utah Court Of Appeals Mar 2012

Aaron Clark, Plaintiff/Appellant, V. Alpine Marketing, Inc., A Utah Corporation, Andrew M. Friedman, An Individual, Defendants/Appellees, And Jill Johnson, Extreme Holding Llc, Dba Prudential Utah Real Estate, Defendants, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

Appeal from the Third Judicial District Court, Salt Lake County, State of Utah, Honorable Denise Lindberg


Transnational Armed Conflict: A “Principled” Approach To The Regulation Of Counter-Terror Combat Operations, Geoffery S. Corn, Eric Talbot Jensen Mar 2012

Transnational Armed Conflict: A “Principled” Approach To The Regulation Of Counter-Terror Combat Operations, Geoffery S. Corn, Eric Talbot Jensen

Faculty Scholarship

Transnational armed conflicts have become a reality. The increasing sophistication of terrorist organizations, their increasingly transnational nature, and their development of military strike capabilities, push and will continue to push States to resort to combat power as a means to defend against this threat. Relying on the factual fiction that the acts of such terrorists must be attributable to the States from which they launch their operations, or on the legal fiction that the use of military combat power to respond to such threats is in reality just extraterritorial law enforcement, fails to acknowledge the essential nature of such operations. …


Brigette Jeanne Cook V. Lon Arden Cook : Reply Brief, Utah Court Of Appeals Jan 2012

Brigette Jeanne Cook V. Lon Arden Cook : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

Appeal from Findings of Fact Conclusions of Law and Decree of Divorce of the First Judicial District Court of Box Elder County, State of Utah, The Honorable Ben Hadfield, Judge Presiding.


Peak Alarm Company V. Salt Lake City Corp : Brief Of Appellant, Utah Court Of Appeals Jan 2012

Peak Alarm Company V. Salt Lake City Corp : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

On Appeal From the Third Judicial District Court, In and For Salt Lake County, State of Utah, Case No. 050906433


Douglas Bates V. Utah Association Of Realtors; Christopher Kyler; Charles Smalley; Salt Lake Board Of Realtors; Northern Wasatch Association Of Realtors; Wasatch Front Regional Mls; Bryan R. Kohler; Michael J. Ostermiller; Jillinda Bowers; Brady Long Dba Equity Real Estate; Thomas Johnson; Randall Wall; Sandra Hoover; And Does 1-60 Inclusive : Reply Brief Of Appellant, Utah Court Of Appeals Jan 2012

Douglas Bates V. Utah Association Of Realtors; Christopher Kyler; Charles Smalley; Salt Lake Board Of Realtors; Northern Wasatch Association Of Realtors; Wasatch Front Regional Mls; Bryan R. Kohler; Michael J. Ostermiller; Jillinda Bowers; Brady Long Dba Equity Real Estate; Thomas Johnson; Randall Wall; Sandra Hoover; And Does 1-60 Inclusive : Reply Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

Reply Brief of Appellant


Steven R. Kemp V. Wells Fargo Bank, N.A., Hsbc Bank Usa, National Association As Trustee For The Benefit Of The Certificateholders Of The Wells Fargo Mortgage Backed Securities 2007-8 Trust, Wells Fargo Bank, N.A., And John Does Of Unknown Number: Brief Of Appellees, Utah Court Of Appeals Jan 2012

Steven R. Kemp V. Wells Fargo Bank, N.A., Hsbc Bank Usa, National Association As Trustee For The Benefit Of The Certificateholders Of The Wells Fargo Mortgage Backed Securities 2007-8 Trust, Wells Fargo Bank, N.A., And John Does Of Unknown Number: Brief Of Appellees, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

Appeal from Dismissal With Prejudice by Second District Court, Davis County, Case No. 110703609, Judge John R. Morris


The Fundamentalist Church Of Jesus Christ Of Latter-Day Saints V. Thomas C. Horne; Bruce R. Wisan; Mark Shurtleff; And Hon. Denise Posse Lindberg; Et Al. : Brief Of Appellant, Utah Court Of Appeals Jan 2012

The Fundamentalist Church Of Jesus Christ Of Latter-Day Saints V. Thomas C. Horne; Bruce R. Wisan; Mark Shurtleff; And Hon. Denise Posse Lindberg; Et Al. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

No abstract provided.


Ranae Nicol V. Wells Fargo Bank : Brief Of Respondent, Utah Court Of Appeals Jan 2012

Ranae Nicol V. Wells Fargo Bank : Brief Of Respondent, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

Petition for Review of a Decision of the Workforce Appeals Board of the Department of Workforce Services, State of Utah


Ranae Nicol V. Department Of Workforce Services, Workforce Appearls Board And Wells Fargo Bank : Brief Of Petitioner, Utah Court Of Appeals Jan 2012

Ranae Nicol V. Department Of Workforce Services, Workforce Appearls Board And Wells Fargo Bank : Brief Of Petitioner, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

Appeal from the Final Decision of the Workforce Services Appeal Board denying Petitioner's claim for unemployment benefits.


Kendall V. Discover Bank : Brief Of Appellee, Utah Court Of Appeals Jan 2012

Kendall V. Discover Bank : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

No abstract provided.


The Fundamentalist Church Of Jesus Christ Of Latter-Day Saints V. Thomas C. Horne; Bruce R. Wisan; Mark Shurtleff; And Hon. Denise Posse Lindberg; Et Al. : Reply Brief Of Appellee, Utah Supreme Court Jan 2012

The Fundamentalist Church Of Jesus Christ Of Latter-Day Saints V. Thomas C. Horne; Bruce R. Wisan; Mark Shurtleff; And Hon. Denise Posse Lindberg; Et Al. : Reply Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

Review of Question of Law Certified by the United States Court of Appeals, Tenth Circuit


The Fundamentalist Church Of Jesus Christ Of Latter-Day Saints V. Thomas C. Horne; Bruce R. Wisan; Mark Shurtleff; And Hon. Denise Posse Lindberg; Et Al. : Opposition Brief Of Appellants, Utah Supreme Court Jan 2012

The Fundamentalist Church Of Jesus Christ Of Latter-Day Saints V. Thomas C. Horne; Bruce R. Wisan; Mark Shurtleff; And Hon. Denise Posse Lindberg; Et Al. : Opposition Brief Of Appellants, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

On Certification from the United States Court of Appeals for the Tenth Circuit CaseNos. 11-4049, 11-4050, 11-4053, 11-4059, 11-4066, 11-4071, 11-4072 & 11-4076 OPPOSITION BRIEF OF APPELLANTS' SPECIAL FIDUCIARY WISAN AND HONORABLE DENISE POSSE LINDBERG


The Fundamentalist Church Of Jesus Christ Of Latter-Day Saints V. Thomas C. Horne; Bruce R. Wisan; Mark Shurtleff; And Hon. Denise Posse Lindberg; Et Al. : Brief Of Appellant, Utah Supreme Court Jan 2012

The Fundamentalist Church Of Jesus Christ Of Latter-Day Saints V. Thomas C. Horne; Bruce R. Wisan; Mark Shurtleff; And Hon. Denise Posse Lindberg; Et Al. : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

On Certification from the United States Court of Appeals for the Tenth Circuit Case Nos. 11-4049, 11-4050, 11-4053, 11-4059, 11-4066, 11-4071, 11-4072 & 11-4076 OPENING BRIEF OF APPELLANTS' SPECIAL FIDUCIARY WISAN AND HONORABLE DENISE POSSE LINDBERG


Edwin B. Parry And Express Recovery Services V. Luonda M. Davis : Unknown, Utah Supreme Court Jan 2012

Edwin B. Parry And Express Recovery Services V. Luonda M. Davis : Unknown, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

On appeal from the Third District Court of the < •; State of Utah, in County of Salt Lake a ON REVIEW FOR THE DISTRICT COURT OF APPEALS, THIRD DISTRICT CASE NOS. 20120284 and 110418042.


Michael R. Murray V. Utah Labor Commission, Utah State Parks And Recreation, And Workers Compensation Fund : Brief Of Appellee, Utah Supreme Court Jan 2012

Michael R. Murray V. Utah Labor Commission, Utah State Parks And Recreation, And Workers Compensation Fund : Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

BRIEF of UTAH STATE PARKS AND RECREATION and WORKERS COMPENSATION FUND


Mark L. Shurtleff V. Bruce Wisan : Brief Of Appellee, Utah Supreme Court Jan 2012

Mark L. Shurtleff V. Bruce Wisan : Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

No abstract provided.


Mark L. Shurtleff V. Bruce Wisan : Addenda, Utah Supreme Court Jan 2012

Mark L. Shurtleff V. Bruce Wisan : Addenda, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

No abstract provided.


Delta Canal Company; Melville Irrigation Company; Abraham Irrigation Company; Deseret Irrigation Company; And Central Utah Water Company V. Frank Vincent Family Ranch Lc: Dmadc Reply Brief, Utah Supreme Court Jan 2012

Delta Canal Company; Melville Irrigation Company; Abraham Irrigation Company; Deseret Irrigation Company; And Central Utah Water Company V. Frank Vincent Family Ranch Lc: Dmadc Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

An appeal from a judgment of the Fourth District Court, Millard County The Honorable James Brady


Hi-Country Estates Homeowners Association Phase Ii V. Keith Emmer, Tom Williams, Anthony Sarra, Arlene Johnson, And Carol Dean: Brief Of Appellant, Utah Supreme Court Jan 2012

Hi-Country Estates Homeowners Association Phase Ii V. Keith Emmer, Tom Williams, Anthony Sarra, Arlene Johnson, And Carol Dean: Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

OPENING BRIEF OF APPELLANTS


Delta Canal Company; Melville Irrigation Company; Abraham Irrigation Company; Deseret Irrigation Company; And Central Utah Water Company V. Frank Vincent Family Ranch Lc: Brief Of Appellee, Utah Supreme Court Jan 2012

Delta Canal Company; Melville Irrigation Company; Abraham Irrigation Company; Deseret Irrigation Company; And Central Utah Water Company V. Frank Vincent Family Ranch Lc: Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

APPEAL FROM THE FOURTH DISTRICT COURT, MILLARD COUNTY, STATE OF UTAH THE HONORABLE JAMES BRADY


Delta Canal Company; Melville Irrigation Company; Abraham Irrigation Company; Deseret Irrigation Company; And Central Utah Water Company V. Frank Vincent Family Ranch Lc: Brief Of Appellants, Utah Supreme Court Jan 2012

Delta Canal Company; Melville Irrigation Company; Abraham Irrigation Company; Deseret Irrigation Company; And Central Utah Water Company V. Frank Vincent Family Ranch Lc: Brief Of Appellants, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

An appeal from a judgment of the Fourth District Court, Millard County The Honorable James Brady


Fernando Orosco V. Clinton City : Brief Of Appellant, Utah Court Of Appeals Jan 2012

Fernando Orosco V. Clinton City : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

No abstract provided.


Brett Perez V. South Jordan City : Brief Of Respondent, Utah Court Of Appeals Jan 2012

Brett Perez V. South Jordan City : Brief Of Respondent, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

BRIEF OF RESPONDENTS


Douglas Bates V. Utah Association Of Realtors; Christopher Kyler; Charles Smalley; Salt Lake Board Of Realtors; Northern Wasatch Association Of Realtors; Wasatch Front Regional Mls; Bryan R. Kohler; Michael J. Ostermiller; Jillinda Bowers; Brady Long Dba Equity Real Estate; Thomas Johnson; Randall Wall; Sandra Hoover; And Does 1-60 Inclusive : Reply Brief Of Defendant/Appellee Jillinda Bowers, Utah Court Of Appeals Jan 2012

Douglas Bates V. Utah Association Of Realtors; Christopher Kyler; Charles Smalley; Salt Lake Board Of Realtors; Northern Wasatch Association Of Realtors; Wasatch Front Regional Mls; Bryan R. Kohler; Michael J. Ostermiller; Jillinda Bowers; Brady Long Dba Equity Real Estate; Thomas Johnson; Randall Wall; Sandra Hoover; And Does 1-60 Inclusive : Reply Brief Of Defendant/Appellee Jillinda Bowers, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

Appeal from a Final Order of the Third Judicial District Court for Salt Lake County, State of Utah, the Honorable John Paul Kennedy Presiding


The Fundamentalist Church Of Jesus Christ Of Latter-Day Saints V. Thomas C. Horne; Bruce R. Wisan; Mark Shurtleff; And Hon. Denise Posse Lindberg; Et Al. : Reply Brief, Utah Supreme Court Jan 2012

The Fundamentalist Church Of Jesus Christ Of Latter-Day Saints V. Thomas C. Horne; Bruce R. Wisan; Mark Shurtleff; And Hon. Denise Posse Lindberg; Et Al. : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

No abstract provided.


The Fundamentalist Church Of Jesus Christ Of Latter-Day Saints V. Thomas C. Horne; Bruce R. Wisan; Mark Shurtleff; And Hon. Denise Posse Lindberg; Et Al. : Reply Brief, Utah Supreme Court Jan 2012

The Fundamentalist Church Of Jesus Christ Of Latter-Day Saints V. Thomas C. Horne; Bruce R. Wisan; Mark Shurtleff; And Hon. Denise Posse Lindberg; Et Al. : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

No abstract provided.


The Fundamentalist Church Of Jesus Christ Of Latter-Day Saints V. Thomas C. Horne; Bruce R. Wisan; Mark Shurtleff; And Hon. Denise Posse Lindberg, Et Al. : Opening Brief Of Appellee, Utah Supreme Court Jan 2012

The Fundamentalist Church Of Jesus Christ Of Latter-Day Saints V. Thomas C. Horne; Bruce R. Wisan; Mark Shurtleff; And Hon. Denise Posse Lindberg, Et Al. : Opening Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

Review of Question of Law Certified by the United States Court of Appeals, Tenth Circuit