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2014

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Brigham Young University Law School

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Articles 1 - 30 of 177

Full-Text Articles in Law

Federated Capital Corporation Dba Federated Financial Corporation Of America, Plaintiff/Appellant, Vs. Arnella M. Abraham, Individually And Dba Weststar Properties, Inc., Defendant/Appellee. : Brief Of Appellant, Utah Court Of Appeals Dec 2014

Federated Capital Corporation Dba Federated Financial Corporation Of America, Plaintiff/Appellant, Vs. Arnella M. Abraham, Individually And Dba Weststar Properties, Inc., Defendant/Appellee. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

BRIEF OF APPELLANT

ON APPEAL FROM THE THIRD JUDICIAL DISTRICT COURT, UTAH
COUNTY, STATE OF UTAH, BEFORE THE HONORABLE KEITH KELLY


Federated Capital Corporation Dba Federated Financial Corporation Of America, Plaintiff/Appellant, Vs. James N Shaw \Dba\ Alpha Blinds Dist Defendant/Appellee. : Brief Of Appellant, Utah Court Of Appeals Dec 2014

Federated Capital Corporation Dba Federated Financial Corporation Of America, Plaintiff/Appellant, Vs. James N Shaw \Dba\ Alpha Blinds Dist Defendant/Appellee. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

BRIEF OF APPELLANT

ON APPEAL FROM THE THIRD JUDICIAL DISTRICT COURT, UTAH
COUNTY, STATE OF UTAH, BEFORE THE HONORABLE DENISE P.
LINDBERG


Bank Of America, N.A. V. Samuel D. Adamson And Courtney D. Adamson And John Doe/Jane Doe/Occupant : Appellant's Replacement Brief, Utah Supreme Court Dec 2014

Bank Of America, N.A. V. Samuel D. Adamson And Courtney D. Adamson And John Doe/Jane Doe/Occupant : Appellant's Replacement Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

Appeal from a final Order of Dismissal of the Fifth Judicial District court, Saint George Department Washington County State of Utah by The Honorable Jeffrey C. WIlcox


State Of Utah, Appellee, Vs. D.G., Appellant A Person Under 18 Years Of Age., Utah Supreme Court Dec 2014

State Of Utah, Appellee, Vs. D.G., Appellant A Person Under 18 Years Of Age., Utah Supreme Court

Utah Supreme Court Briefs (2000– )

Appeal from an adjudication for aggravated sexual assault, a first degree felony punishable by fifteen-years-to life if committed by an adult, in violation of Utah Cose Section 76-5-405, see Utah Code 76-5-405 (2013), entered in the Third District Juvenile Court, in and for Salt Lake county, State of Utah, the Honorable Kimberly K. Hornak presiding. On certification to the Utah Supreme Court from the Utah Court of Appeals.


Federated Capital Corporation Dba Federated Financial Corporation Of America, Plaintiff/Appellant, Vs. Neal Deutsch, Individually And Dba Aone Media, Inc., Defendant/Appellee. : Brief Of Appellant, Utah Court Of Appeals Dec 2014

Federated Capital Corporation Dba Federated Financial Corporation Of America, Plaintiff/Appellant, Vs. Neal Deutsch, Individually And Dba Aone Media, Inc., Defendant/Appellee. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

BRIEF OF APPELLANT

ON APPEAL FROM THE THIRD JUDICIAL DISTRICT COURT, UTAH
COUNTY, STATE OF UTAH, BEFORE THE HONORABLE KEITH KELLY


Federated Capital Corporation Dba Federated Financial Corporation Of America, Plaintiff/Appellant, Vs. Rebecca Nazar, Individually And Dba Little Gift Shop, Defendant/Appellee. : Reply Brief, Utah Court Of Appeals Dec 2014

Federated Capital Corporation Dba Federated Financial Corporation Of America, Plaintiff/Appellant, Vs. Rebecca Nazar, Individually And Dba Little Gift Shop, Defendant/Appellee. : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

REPLY BRIEF OF APPELLANT

ON APPEAL FROM THE THIRD JUDICIAL DISTRICT COURT, UTAH
COUNTY, STATE OF UTAH, BEFORE THE HONORABLE KEITH KELLY


Federated Capital Corp. D.B.A. Federated Financial Corp. Of America, Plaintiff/Appellant, Vs. Rebecca Nazar, D.B.A. Beccas Little Gift Shop, Defendant/Appellee. : Brief Of Appellee, Utah Court Of Appeals Dec 2014

Federated Capital Corp. D.B.A. Federated Financial Corp. Of America, Plaintiff/Appellant, Vs. Rebecca Nazar, D.B.A. Beccas Little Gift Shop, Defendant/Appellee. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

BRIEF OF APPELLEE

APPEAL FROM THE THIRD JUDICIAL DISTRICT COURT, SALT LAKE
COUNTY, STATE OF UTAH, THE HONORABLE KEITH KELLY, DISTRICT
COURT NO. 129909968.


State Of Utah V. James C. Mccallie : Brief Of The Appellant, Utah Court Of Appeals Dec 2014

State Of Utah V. James C. Mccallie : Brief Of The Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

Appeal from a convictoin for aggravated assault, a third degree felony in the Third District Court, State of Utah, the Honorable Denise P. Lindberg, Judge, presiding.


Federated Capital Corporation Dba Federated Financial Corporation Of America, Plaintiff/Appellant, Vs. Rebecca Nazar \Dba\ Beccas Little Gift Shop Defendant/Appellee. : Brief Of Appellant, Utah Court Of Appeals Dec 2014

Federated Capital Corporation Dba Federated Financial Corporation Of America, Plaintiff/Appellant, Vs. Rebecca Nazar \Dba\ Beccas Little Gift Shop Defendant/Appellee. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

BRIEF OF APPELLANT

ON APPEAL FROM THE THIRD JUDICIAL DISTRICT COURT, UTAH
COUNTY, STATE OF UTAH, BEFORE THE HONORABLE KEITH KELLY


Our Global Commons, Brigham Daniels, James Salzman Dec 2014

Our Global Commons, Brigham Daniels, James Salzman

BYU Law Review

No abstract provided.


Surprising Commons, Carol M. Rose Dec 2014

Surprising Commons, Carol M. Rose

BYU Law Review

No abstract provided.


The Tragicomedy Of The Commons, Brigham Daniels Dec 2014

The Tragicomedy Of The Commons, Brigham Daniels

BYU Law Review

Scholarship on the commons focuses on a diverse set of problems, ranging from crashing fisheries to crowded court dockets. Because we find commons resources throughout our natural and cultural environments, understanding old lessons and learning new ones about the commons gives us leverage to address a wide range of problems. Because the list of resources identified as commons resources continues to grow, the importance of gleaning lessons about the commons will also continue to grow.

That being said, while the resources that make up the commons are certainly diverse, so too are the ways scholars depict it and the challenges …


Isolated Wetland Commons And The Constitution, Blake Hudson, Mike Hardig Dec 2014

Isolated Wetland Commons And The Constitution, Blake Hudson, Mike Hardig

BYU Law Review

Isolated wetlands provide great ecological and economic value to the United States. While some states provide protection for isolated wetlands, a great many do not. These wetlands are also left outside the ambit of federal wetland regulatory protections under the Clean Water Act, with its murky jurisdictional reach. Notwithstanding jurisdictional questions under current federal statutes, the U.S. Supreme Court has gone so far as to call into question the constitutionality of federal isolated wetland regulation. This Article makes a normative argument that, in the absence of state or local programs providing holistic isolated wetland protection, federal action is needed. The …


Agglomerama, Lee Anne Fennell Dec 2014

Agglomerama, Lee Anne Fennell

BYU Law Review

No abstract provided.


Local Governments And Global Commons, Jonathan Rosenbloom Dec 2014

Local Governments And Global Commons, Jonathan Rosenbloom

BYU Law Review

No abstract provided.


Coordinating The Oil And Gas Commons, Hannah J. Wiseman Dec 2014

Coordinating The Oil And Gas Commons, Hannah J. Wiseman

BYU Law Review

No abstract provided.


Utah Physicians For A Healthy Environment And Friends Of Great Salt Lake, Petitioners/Appellants Vs. Executive Director Of The Utah Department Of Environmental Quality And The Director Of The Utah Division Of Air Quality, In Their Official Capacity, And The Utah Department Of Environmental Quality, The Utah Division Of Air Quality, Respondents/Appellees., Utah Court Of Appeals Dec 2014

Utah Physicians For A Healthy Environment And Friends Of Great Salt Lake, Petitioners/Appellants Vs. Executive Director Of The Utah Department Of Environmental Quality And The Director Of The Utah Division Of Air Quality, In Their Official Capacity, And The Utah Department Of Environmental Quality, The Utah Division Of Air Quality, Respondents/Appellees., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

No abstract provided.


Michael S. Robinson, Plaintiff/Appellant, Vs. Jones Waldo Holbrook & Mcdonough, P.C.; Stephen C. Clark, And Melissa M. Bean, Defendants/Appellees, Utah Court Of Appeals Dec 2014

Michael S. Robinson, Plaintiff/Appellant, Vs. Jones Waldo Holbrook & Mcdonough, P.C.; Stephen C. Clark, And Melissa M. Bean, Defendants/Appellees, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

This is an appeal from a ruling of the Hon. Charlene Barlow of the Third District Court Salt Lake County, State of Utah


Texas Groundwater And Tragically Stable “Crossovers”, Zachary Bray Dec 2014

Texas Groundwater And Tragically Stable “Crossovers”, Zachary Bray

BYU Law Review

One recurring question in the academic literature on common-pool resources relates to the persistence of “tragic” commons regimes—systems that encourage, or at least tolerate, the inefficient, wasteful, hazardous, or unfair exploitation of a resource that is easily accessed for and diminished by individual use and consumption. Of course, not all commons are tragic: some common-pool resources invite individual access in efficient, fair, and durable ways. Yet many commonly held resources do lie under systems of governance that are not just tragic but persistently and stubbornly so. Often the tragic aspects of such commons regimes are well known; indeed, for some …


Naming The Tragedy, Eric T. Freyfogle Dec 2014

Naming The Tragedy, Eric T. Freyfogle

BYU Law Review

No abstract provided.


Future War And The War Powers Resolution, Eric Talbot Jensen Dec 2014

Future War And The War Powers Resolution, Eric Talbot Jensen

Faculty Scholarship

Since its passage in 1973 over the veto of then-President Nixon, the War Powers Resolution (WPR) has been laden with controversy. Labeled as everything from ineffective to unconstitutional, the WPR has generally failed in its design to require notification and consultation to Congress by the President. Despite numerous proposals to amend the WPR, it continues to languish in the twilight of Executive war powers, and its future is bleak. With emerging technologies such as drones, cyber tools, nanotechnology, and genomics, the ineffectiveness of the WPR will prove even more profound. The WPR’s reliance on “armed forces” and “hostilities” as triggers …


David K Gillett, An Individual, And Majestic Airlines Incorporated, A Utah Corporation, Plaintiffs/Appellants Vs. Boyd J Brown, An Individual, Sentry Financial Corporation, A Utah Corporation, And Sfc Aircraft Corp I, A Utah Corporation, Defendants/Appell, Utah Court Of Appeals Dec 2014

David K Gillett, An Individual, And Majestic Airlines Incorporated, A Utah Corporation, Plaintiffs/Appellants Vs. Boyd J Brown, An Individual, Sentry Financial Corporation, A Utah Corporation, And Sfc Aircraft Corp I, A Utah Corporation, Defendants/Appell, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

Appeal from the Third Judicial District Court in and for Salt Lake County The Honorable L.A. Dever, District Judge


State Of Utah, In The Interest Of B.L.D., (Dob: 6/28/1999), A Person Under 18 Years Of Age, Utah Court Of Appeals Dec 2014

State Of Utah, In The Interest Of B.L.D., (Dob: 6/28/1999), A Person Under 18 Years Of Age, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

Appeal from a dispositional order entered after an adjudication for one count of curfew violation, a juvenile status offense, see Davis County Code 9.08.010, entered in the Third District Juvenile Court, in and for Salt Lake County, State of Utah, the Honorable C. Dane Nolan presiding


State Of Utah, Plaintiff/ Appellee, V. Cooper John Anthony Van Huizen, Defendant/ Appellant., Utah Court Of Appeals Dec 2014

State Of Utah, Plaintiff/ Appellee, V. Cooper John Anthony Van Huizen, Defendant/ Appellant., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

Appeal from the juvenile court's decision under the Seriou$ Youth Offender Act to bind Defendant over for trial in the district court on charges of aggraiated robbery and aggravated burglary, in the Second Judicial District Juvenile , Court Weber .County, the Honorable Michelle Jvl. Heward presiding ·


Federated Capital Corporation Dba Federated Financial Corporation Of America, Plaintiff/Appellant, Vs. Neal Deutsch, Individually And Dba Aone Media, Inc., Defendant/Appellee. : Reply Brief Of Appellant, Utah Court Of Appeals Dec 2014

Federated Capital Corporation Dba Federated Financial Corporation Of America, Plaintiff/Appellant, Vs. Neal Deutsch, Individually And Dba Aone Media, Inc., Defendant/Appellee. : Reply Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

REPLY BREIF OF APPELLANT

ON APPEAL FROM THE THIRD JUDICIAL DISTRICT COURT, UTAH
COUNTY, STATE OF UTAH, BEFORE THE HONORABLE KEITH KELLY


Federated Capital Corp. D.B.A. Federated Financial Corp Of America, Plaintiff/Appellant, Vs. Neal Deutsch, Dba Aone Media, Inc, Defendant/Appellee. : Brief Of Appellee, Utah Court Of Appeals Dec 2014

Federated Capital Corp. D.B.A. Federated Financial Corp Of America, Plaintiff/Appellant, Vs. Neal Deutsch, Dba Aone Media, Inc, Defendant/Appellee. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

BRIEF OF APPELLEE

APPEAL FROM THE THIRD JUDICIAL DISTRICT COURT, SALT LAKE
COUNTY, STATE OF UTAH, THE HONORABLE KEITH KELLY, DISTRICT COURT NO. 139918085.


Federated Capital Corporation Dba Federated Financial Corporation Of America, Plaintiff/Appellant, Vs. Arnella M. Abraham, Individually And Dba Weststar Properties, Inc., Defendant/Appellee. : Reply Brief Of Appellant, Utah Court Of Appeals Dec 2014

Federated Capital Corporation Dba Federated Financial Corporation Of America, Plaintiff/Appellant, Vs. Arnella M. Abraham, Individually And Dba Weststar Properties, Inc., Defendant/Appellee. : Reply Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

REPLY BRIEF OF APPELLANT

ON APPEAL FROM THE THIRD JUDICIAL DISTRICT COURT, UTAH
COUNTY, STATE OF UTAH, BEFORE THE HONORABLE KEITH KELLY


Federated Capital Corporation Dba Federated Financial Corporation Of America, Plaintiff/Appellant, Vs. James Shaw, Dba Alpha Blinds Dist, Defendant/Appellee. : Reply Brief, Utah Court Of Appeals Dec 2014

Federated Capital Corporation Dba Federated Financial Corporation Of America, Plaintiff/Appellant, Vs. James Shaw, Dba Alpha Blinds Dist, Defendant/Appellee. : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

REPLY BRIEF OF APPELLANT

ON APPEAL FROM THE THIRD JUDICIAL DISTRICT COURT, UTAH
COUNTY, STATE OF UTAH, BEFORE THE HONORABLE DENISE P.
LINDBERG


State Of Utah, Plaintiff/ Appellee, V. Cooper John Anthony Van Huizen Defendant/ Appellant., Utah Court Of Appeals Dec 2014

State Of Utah, Plaintiff/ Appellee, V. Cooper John Anthony Van Huizen Defendant/ Appellant., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

Appeal from the bindover order entered by the Second District Juvenile Court, the Honorable Michelle Heward presiding, transferring Cooper John Anthony Van Huizen to the District Court, the Honorable Ernie Jones presiding, pursuant to the Serious Youth Offender statute, see Utah Code§ 78A-6-702 (2013).


Federated Capital Corp. D.B.A. Federated Financial Corp. Of America, Plaintiff/Appellant, Vs. James Shaw, Dba Alpha Blinds Dist, Defendant/Appellee. : Brief Of Appellee, Utah Court Of Appeals Dec 2014

Federated Capital Corp. D.B.A. Federated Financial Corp. Of America, Plaintiff/Appellant, Vs. James Shaw, Dba Alpha Blinds Dist, Defendant/Appellee. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

BRIEF OF APPELLEE

APPEAL FROM THE THIRD JUDICIAL DISTRICT COURT, SALT LAKE
COUNTY, STATE OF UTAH, THE HONORABLE DENISE P. LINDBERG,
DISTRICT COURT NO. 139910356.