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Articles 1 - 30 of 43
Full-Text Articles in Law
State Of Utah, Plaintiff/Appellee, V. John E. Hummel, Defendant/Appellant, Utah Supreme Court
State Of Utah, Plaintiff/Appellee, V. John E. Hummel, Defendant/Appellant, Utah Supreme Court
Utah Supreme Court Briefs (2000– )
Apppeal from convictions for theft, two third-degree and two second-degree felonies; attempted theft, a third-degree felony; and theft by deception, a second-degree felony, in the Sixth Judicial District, Garfield County, the Honorable James R. Taylor presiding
Guantanamo And The End Of Hostilities, Eric Talbot Jensen
Guantanamo And The End Of Hostilities, Eric Talbot Jensen
Faculty Scholarship
Detainees in the War on Terror have been at Guantanamo Bay for over a decade. The justification for these detentions has been, at least in part, the on-going hostilities in Afghanistan. However, President Obama’s announcement in his 2013 State of the Union address that “By the end of [2014] our war in Afghanistan will be over” may undercut the continuing detention authority for at least some of these Guantanamo detainees. This paper analyzes the legal doctrine of release and repatriation in light of President Obama’s announcement and concludes that the President’s determination that hostilities have concluded between specific Parties to …
Ruth B. Hardy Revocable Trust, Et Al., Plaintiffs And Appellants, Vs. Mark Lee Rindlesback, Individually And As Trustee Of The Rindlesback Construction, Inc. Profit Sharing Plan, Defendants And Appellees : Brief Of Appellees, Utah Court Of Appeals
Utah Court of Appeals Briefs (2007– )
Appeal from the Third Judicial District Court of Salt Lake County The Honorable Deno Himonas
State Of Utah, Plaintiff/Appellee, Vs. John E. Hummel, Defendant/Appellant, Utah Court Of Appeals
State Of Utah, Plaintiff/Appellee, Vs. John E. Hummel, Defendant/Appellant, Utah Court Of Appeals
Utah Court of Appeals Briefs (2007– )
Appeal from convictions of two counts of theft by extortion, alternatively charged as theft by deception, each a second degree felony, in violation of Utah Code Ann. § 76-6-406 or, alternatively, in violation of Utah Code Ann. § 76-6-405; a conviction of one count of theft by deception, a second degree felony, in violation of Utah Code Ann. § 76-6-405; a conviction of one count of theft by extortion, alternatively charged as theft by deception, a third degree felony, in violation of Utah Code Ann. § 76-6-406 or, alternatively, in violation of Utah Code Ann. § 76-6-405; and a conviction …
Future War, Future Law, Eric Talbot Jensen
Future War, Future Law, Eric Talbot Jensen
Faculty Scholarship
Advancing technology will dramatically affect the weapons and tactics of future armed conflict, including the “places” where conflicts are fought, the “actors” by whom they are fought, and the “means and methods” by which they are fought. These changes -- including continuing cyber conflict, increased use of autonomous weapon systems, the development of nanotechnology, and evolving virology capabilities -- will stress even the fundamental principles of the law of armed conflict, or LOAC. While it is likely that the contemporary LOAC will be sufficient to regulate the majority of future conflicts, the international community must be willing to evolve the …
Weiman Ha, Et Al., Plaintiffs, Vs. Cuong Si Trang,Et Al., Defendants, Utah Court Of Appeals
Weiman Ha, Et Al., Plaintiffs, Vs. Cuong Si Trang,Et Al., Defendants, Utah Court Of Appeals
Utah Court of Appeals Briefs (2007– )
Findings of Fact, Conclusions of Law, Order and Judgment case no. 110913027
Contractually Adopted Fiduciary Duty, D. Gordon Smith
Contractually Adopted Fiduciary Duty, D. Gordon Smith
Faculty Scholarship
The Delaware Supreme Court recently referred to “contractually adopted fiduciary duties.” Although some commentators, including Larry Ribstein, view fiduciary duties as a type of contract term, the notion of contractually adopted fiduciary duties is incoherent. The need to opt in to fiduciary duties would arise in only two circumstances: (1) fiduciary relationships that do not invoke fiduciary duties without contractual authorization, and (2) nonfiduciary relationships in which the parties wish to invoke fiduciary duties that would otherwise be absent. The first category of relationships does not exist, as courts impose fiduciary duties when the structure of a relationship indicates that …
Ralph Mingolello, Plaintiff/Appellant, V. Megaplex Theaters, Defendant/Appellee, Utah Court Of Appeals
Ralph Mingolello, Plaintiff/Appellant, V. Megaplex Theaters, Defendant/Appellee, Utah Court Of Appeals
Utah Court of Appeals Briefs (2007– )
Appeal from an order granting summary judgement in the fifth judicial district court of Utah. Washington County, Honorable Jeffrey C. Wilcox
Utah Department Of Transportation Vs. Tbt Property Management, Inc, A Utah Corporation; And The Utah Country Treasurer : Brief Of Appellant, Utah Court Of Appeals
Utah Department Of Transportation Vs. Tbt Property Management, Inc, A Utah Corporation; And The Utah Country Treasurer : Brief Of Appellant, Utah Court Of Appeals
Utah Court of Appeals Briefs (2007– )
Appeal from a final judgmeent of the fourth district court for Utah County, Honorable Judge Steven L. Hansen, presiding
Religions As Sovereigns: Why Religion Is "Special", Elizabeth Clark
Religions As Sovereigns: Why Religion Is "Special", Elizabeth Clark
Faculty Scholarship
Commentators increasingly challenge religion’s privileged legal status, arguing that it is not “special” or distinct from other associations or philosophical or conscientious claims. I propose that religion is “special” because it functions metaphorically as a legal sovereign, asserting supreme authority over a realm of human life. Under a religion-as-sovereign theory, religious freedom can be understood as at least partial deference to a religious sovereign in a system of shared or overlapping sovereignty. This Article suggests that federalism, which also involves shared sovereignty, can provide a useful heuristic device for examining religious freedom. Specifically, the Article examines a range of federalism …
A Case For The Public Domain, Clark Asay
A Case For The Public Domain, Clark Asay
Faculty Scholarship
Over the past several decades open license movements have proven highly successful in the software and content worlds. Such movements rely in part on the belief that greater freedom of use triggers innovative activity that is superior to what a restrictive IP approach produces. Ironically, such open license movements also rely on IP rights to promote their vision of freedom and openness. They do so through IP licenses that, while granting significant freedoms, also impose certain conditions on users such as the “copyleft” requirement in the software world. Such movements rely on this IP-based approach due to fears that, without …
Becoming A Fruitful Tree: Christ And The Limits Of Legal Thinking, Elizabeth A. Clark
Becoming A Fruitful Tree: Christ And The Limits Of Legal Thinking, Elizabeth A. Clark
Vol. 3: Religious Conviction
This essay is adapted from a Spirit of the Law address given at BYU Law School on March 5, 2002.
Lock In: Loved Ones And Lawyers, Robert M. Daines
Lock In: Loved Ones And Lawyers, Robert M. Daines
Vol. 3: Religious Conviction
This convocation address was given at Stanford Law School on June 16, 2012.
Civic Virtue, Seth P. Waxman
Civic Virtue, Seth P. Waxman
Vol. 3: Religious Conviction
This J. Reuben Clark Law School convocation address was given at the Provo Tabernacle on April 27, 2001.
Serve God, Love Me, And Mend, Annette W. Jarvis
Serve God, Love Me, And Mend, Annette W. Jarvis
Vol. 3: Religious Conviction
This Honored Alumni Lecture was given at BYU Law School on October 23, 2010.
The Work Of Serving Others, Carl S. Hawkins
The Work Of Serving Others, Carl S. Hawkins
Vol. 3: Religious Conviction
This address was given at BYU Law School on January 17, 1995.
Preface: Life In The Law: Religious Conviction, James R. Rasband
Preface: Life In The Law: Religious Conviction, James R. Rasband
Vol. 3: Religious Conviction
This collection of essays continues BYU Law School’s effort to build an architecture of ideas to assist lawyers in their endeavor to integrate religious faith with commitment to the highest professional ideals. The Life in the Law series, of which this is the third volume, recaptures highlights from the Law School's Clark Memorandum and also collects from other settings some of the most thoughtful insights by LDS lawyers and lawyers of other faiths. These essays acknowledge that while the law is a noble profession, it is fraught with potholes and traps for the unwary. In The Pilgrim’s Progress John Bunyan …
Law And Becoming, D. Todd Christofferson
Law And Becoming, D. Todd Christofferson
Vol. 3: Religious Conviction
This satellite fireside address was given to the J. Reuben Clark Law Society at the Conference Center Little Theater in Salt Lake City on February 4, 2011.
Ambiguity In Law And In Life, Bruce C. Hafen
Ambiguity In Law And In Life, Bruce C. Hafen
Vol. 3: Religious Conviction
This address was given at BYU Law School on October 21, 2010. Adapted from The Broken Heart: Applying the Atonement to Life’s Experiences, expanded edition (2008), 211–226.
Latter-Day Saint Lawyers And The Public Square, Quentin L. Cook
Latter-Day Saint Lawyers And The Public Square, Quentin L. Cook
Vol. 3: Religious Conviction
This satellite fireside address was given to the J. Reuben Clark Law Society at the Conference Center Little Theater in Salt Lake City on March 13, 2009.
Musings Of A Small-Town Lawyer, Steven E. Snow
Musings Of A Small-Town Lawyer, Steven E. Snow
Vol. 3: Religious Conviction
This Honored Alumni Lecture was given at BYU Law School on October 18, 2011.
Education Multipliers, Mehrsa Baradaran
Education Multipliers, Mehrsa Baradaran
Vol. 3: Religious Conviction
This address was given to prelaw students at Brigham Young University on March 12, 2012.
Liberty, Civility, And Professionalism, Ming W. Chin
Liberty, Civility, And Professionalism, Ming W. Chin
Vol. 3: Religious Conviction
This address was given at the Orrin G. Hatch Distinguished Trial Lawyer Lecture Series at BYU Law School on November 7, 2008.
The 21st Century As The Century Of Duties?, John W. Welch
The 21st Century As The Century Of Duties?, John W. Welch
Vol. 3: Religious Conviction
This address was given at the J. Reuben Clark Law Society Conference at Stanford University on February 16, 2012.
Repairers Of The Breach, Scott W. Cameron
Repairers Of The Breach, Scott W. Cameron
Vol. 3: Religious Conviction
This devotional address was given to the BYU–Idaho student body in Rexburg, Idaho, on January 17, 2012.
The Lawyer As Peacemaker, Matthew B. Durrant
The Lawyer As Peacemaker, Matthew B. Durrant
Vol. 3: Religious Conviction
This J. Reuben Clark Law School convocation address was given at the Provo Tabernacle on April 25, 2008.
The Heart Of Lawyering: Clients, Empathy, And Compassion, Kristin B. Gerdy
The Heart Of Lawyering: Clients, Empathy, And Compassion, Kristin B. Gerdy
Vol. 3: Religious Conviction
Adapted from “Clients, Empathy, and Compassion: Introducing First-Year Students to the ‘Heart’ of Lawyering,” Nebraska Law Review 87 (2008): 1–61.
Heroes For Our Time: Going Beyond Ethical Codes, Thomas D. Morgan
Heroes For Our Time: Going Beyond Ethical Codes, Thomas D. Morgan
Vol. 3: Religious Conviction
This J. Reuben Clark Law School convocation address was given at the Provo Tabernacle on April 24, 1992.
Preserving Religious Freedom, Dallin H. Oaks
Preserving Religious Freedom, Dallin H. Oaks
Vol. 3: Religious Conviction
This address was given at Chapman University School of Law in Orange, California, on February 4, 2011.
Unto Whom Much Is Given, James R. Rasband
Unto Whom Much Is Given, James R. Rasband
Vol. 3: Religious Conviction
This address was given to entering law students at BYU Law School on August 19, 2009.