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2015

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Full-Text Articles in Law

Creating A Stakeholder Democracy Under Existing Corporate Law, Justin Blount Dec 2015

Creating A Stakeholder Democracy Under Existing Corporate Law, Justin Blount

Faculty Publications

Much of the current debate in corporate governance is framed in terms of stakeholder versus shareholder forms of corporate governance. While one would find little debate that stakeholders’ interests are important to any business, there is substantial debate regarding whether any stakeholder besides shareholders should have a formal role in corporate governance. What has been largely ignored in this debate is the issue of private ordering: since corporate law is largely enabling rather than mandatory, can stakeholder governance structures be voluntarily created within the current shareholder-centric default corporate law structure? This article argues that this is clearly the case, sets …


Brief For Amici Curiae Professors Of Law In Support Of Petitioner, Barbara Allen Babcock, Jeffrey Bellin, Robert P. Burns, Sherman J. Clark, James E. Coleman Jr., Lisa Kern Griffin, Robert P. Mosteller, Deborah Tuerkheimer, Neil Vidmar Dec 2015

Brief For Amici Curiae Professors Of Law In Support Of Petitioner, Barbara Allen Babcock, Jeffrey Bellin, Robert P. Burns, Sherman J. Clark, James E. Coleman Jr., Lisa Kern Griffin, Robert P. Mosteller, Deborah Tuerkheimer, Neil Vidmar

Faculty Scholarship

No abstract provided.


Loac And Artillery In Urban Areas: The Case Of Gaza 2014, Peter Margulies Dec 2015

Loac And Artillery In Urban Areas: The Case Of Gaza 2014, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Joseph Tomlinson, An Individual, Plaintiff/Appellant, Vs. Doug Knight Construction, Et Al., Defendant/Appellee, Utah Court Of Appeals Dec 2015

Joseph Tomlinson, An Individual, Plaintiff/Appellant, Vs. Doug Knight Construction, Et Al., Defendant/Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

Appeal from the Third District Court, Summit County, from Orders granting a Motion to Dismiss and Motions for Summary Judgment before the Honorable Ryan M. Harris


Maa Prospector Motor Lodge, Llc, Plaintiff And Appellee, V. Ray W. Palmer, Et Al., Defendant And Appellant., Utah Court Of Appeals Dec 2015

Maa Prospector Motor Lodge, Llc, Plaintiff And Appellee, V. Ray W. Palmer, Et Al., Defendant And Appellant., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

This is a direct Appeal from two judgments entered in the seventh Judicial court in and for Grand county State of Utah, the Honorable, Lyle R. Anderson presiding


Jacob D. Williams, An Individual, Plaintiff/Appellant V. Craig Alan Anderson, An Individual, And Anderson Zite, Llc, F/K/A Fix A Phone, Llc, A Utah Limited Liability Company, Defendants And Appellees, Utah Court Of Appeals Dec 2015

Jacob D. Williams, An Individual, Plaintiff/Appellant V. Craig Alan Anderson, An Individual, And Anderson Zite, Llc, F/K/A Fix A Phone, Llc, A Utah Limited Liability Company, Defendants And Appellees, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

Appeal from the Third Judicial District Court of Salt Lake County, Case No. 130901891, The Honorable Robert P. Faust


State Of Utah, Plaintiff/Appellee, V. Johnny Brickman Wall, Defendant/Appellant. : Brief Of Appellee, Utah Court Of Appeals Dec 2015

State Of Utah, Plaintiff/Appellee, V. Johnny Brickman Wall, Defendant/Appellant. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

Brief of Appellee

Appeal from conviction for murder, a first degree felony, in the
Third Judicial District, Salt Lake County, the Honorable James
T. Blanch presiding


Camco Construction, Inc., A Corporation, Plaintiff, V. Utah Baseball Academy, Inc., A Corporation; Et Al., Defendants. And Other Related Causes Of Action : Brief Of Appellee, Utah Court Of Appeals Dec 2015

Camco Construction, Inc., A Corporation, Plaintiff, V. Utah Baseball Academy, Inc., A Corporation; Et Al., Defendants. And Other Related Causes Of Action : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

BRIEF OF APPELLEE CAMCO CONSTRUCTION

Appeal from the Final Judgment of the Third District Court, Salt Lake County, Salt Lake Division,
The Honorable Judge Laura Scott, succeeding
The Honorable Judge Anthony Quinn, deceased


The State Of Utah, Plaintiff/Appellee, Vs. Ty William Mcleod, Defendant/Appellant. : Reply Brief, Utah Court Of Appeals Dec 2015

The State Of Utah, Plaintiff/Appellee, Vs. Ty William Mcleod, Defendant/Appellant. : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

REPLY BRIEF OF APPELLANT

Appeal from a judgment of conviction for possession of a controlled
substance, a class A misdemeanor, in violation of Utah Code 58-37-8(2)(a)(i), in
the Third Judicial District Court, in and for Salt Lake County, State of Utah, the
Honorable James Blanch presiding.

Appellant is not incarcerated.


Robben Ann Oldroyd, Petitioner/Appellant, V. Farrell Lynn Oldroyd, Respondent/Appellee. : Brief Of Appellant, Utah Court Of Appeals Dec 2015

Robben Ann Oldroyd, Petitioner/Appellant, V. Farrell Lynn Oldroyd, Respondent/Appellee. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

Brief of Appellant

Appeal from Judgment Entered by the Second Judicial District Court,
Honorable Noel S. Hyde


Robben A. Oldroyd, Petitioner/Appellant, Vs. Farrell L. Oldroyd, Respondent/Appellee. : Reply Brief Of Appellee And Cross-Appellant, Utah Court Of Appeals Dec 2015

Robben A. Oldroyd, Petitioner/Appellant, Vs. Farrell L. Oldroyd, Respondent/Appellee. : Reply Brief Of Appellee And Cross-Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

REPLY BRIEF OF APPELLEE
AND CROSS-APPELLANT

On Appeal from:

The Honorable Noel S. Hyde
Second Judicial District Court
Trial Court Case No. 13400028


Richard Specht, Appellant, Vs. The Town Of Big Water, A Utah Municipal Corporation; Paul And Debbie Hyde, Individuals. Appellees. : Brief Of Appellant, Utah Court Of Appeals Dec 2015

Richard Specht, Appellant, Vs. The Town Of Big Water, A Utah Municipal Corporation; Paul And Debbie Hyde, Individuals. Appellees. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

BRIEF OF APPELLANT

Appeal from the Sixth Judicial
District Court, Kane County,
Hon. Wallace A. Lee
District Court No. 040600075


Richard Specht, Appellant, Vs. The Town Of Big Water, A Utah Municipal Corporation; Paul And Debbie Hyde, Individuals. Appellees. : Reply Brief, Utah Court Of Appeals Dec 2015

Richard Specht, Appellant, Vs. The Town Of Big Water, A Utah Municipal Corporation; Paul And Debbie Hyde, Individuals. Appellees. : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

REPLY BRIEF OF APPELLANT

Appeal from the Sixth Judicial
District Court, Kane County,
Hon. Wallace A. Lee
District Court No. 040600075


Paul Timothy, An Individual, And Janice Timothy, An Individual Plaintiffs/Appellants, Vs. Pia Anderson Dorius Reynard & Moss, Llc, A Utah Limited Liability Company; And Brennan Moss, An Individual Defendants/Appellees. : Legal Brief, Utah Court Of Appeals Dec 2015

Paul Timothy, An Individual, And Janice Timothy, An Individual Plaintiffs/Appellants, Vs. Pia Anderson Dorius Reynard & Moss, Llc, A Utah Limited Liability Company; And Brennan Moss, An Individual Defendants/Appellees. : Legal Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

ERRATA
Appellate Case No. 20150051
Civil Case No. 120905780
Trial Court Judge: Shaughnessy


Jacqueline E. Christensen, Petitioner/Appellee, Vs. John D. Christensen, Respondent/Appellant. : Brief Of Appellee, Utah Court Of Appeals Dec 2015

Jacqueline E. Christensen, Petitioner/Appellee, Vs. John D. Christensen, Respondent/Appellant. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

BRIEF OF APPELLEE

To affirm First District Cache County Order September 1, 2015
by Judge Kevin K. Allen, Case 064100474
That Appellant Continue to Pay Alimony


Jacqueline E. Christensen, Petitioner And Appellee, V. John D. Christensen, Respondent And Appellant. : Brief Of Appellant, Utah Court Of Appeals Dec 2015

Jacqueline E. Christensen, Petitioner And Appellee, V. John D. Christensen, Respondent And Appellant. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

BRIEF OF APPELLANT

Appeal from Order entered September 1, 2015, in the First Judicial District, Cache
County, Judge Kevin K. Allen, Case Number 064100474 DA


Jacqueline E. Christensen, Petitioner And Appellee, V. John D. Christensen, Respondent And Appellant. : Reply Brief, Utah Court Of Appeals Dec 2015

Jacqueline E. Christensen, Petitioner And Appellee, V. John D. Christensen, Respondent And Appellant. : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

REPLY BRIEF OF APPELLANT

Appeal from Order entered August 31, 2015, in the First Judicial District, Cache County,
Judge Kevin K. Allen, Case Number 064100474 DA


Elena Watts, Petitioner/Appellee, Vs. Brent Christensen, Respondent/Appellant. : Brief Of Appellant, Utah Court Of Appeals Dec 2015

Elena Watts, Petitioner/Appellee, Vs. Brent Christensen, Respondent/Appellant. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

BRIEF OF APPELLANT

THIS APPEAL IS FROM A JUDGMENT OF RESPONDENT'S
MOTION TO MODIFY THE DECREE OF DIVORCE, IN THE
SECOND JUDICIAL DISTRICT COURT IN AND FOR WEBER
COUNTY, STATE OF UTAH, THE HONORABLE ERNIE W.
JONES PRESIDING.


Eldad Vered, An Individual, Plaintiff/Appellee, Vs. Tooele Hospital Corporation, A Utah Corporation, Doing Business As Mountain West Medical Center, Executive Medical Committee Of The Medical Staff Of The Mountain West Medical Center, An Organization, Tracy Schaffer, R.N., An Individual, And Yvonne Nielson, R.N., An Individual, Defendants/Appellants. : Brief Of Appellee, Utah Court Of Appeals Dec 2015

Eldad Vered, An Individual, Plaintiff/Appellee, Vs. Tooele Hospital Corporation, A Utah Corporation, Doing Business As Mountain West Medical Center, Executive Medical Committee Of The Medical Staff Of The Mountain West Medical Center, An Organization, Tracy Schaffer, R.N., An Individual, And Yvonne Nielson, R.N., An Individual, Defendants/Appellants. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

BRIEF OF APPELLEE

Appeal from an Interlocutory Order
Entered by the Third Judicial District Court,
Honorable Robert W. Adkins Presiding


Kyle R. Hall And Heather M. Hall, Appellees, V. David L. Peterson As Trustee Of The David L. Peterson Trust Dated March 2, 2006, Appellant : Appellant Brief, Utah Court Of Appeals Dec 2015

Kyle R. Hall And Heather M. Hall, Appellees, V. David L. Peterson As Trustee Of The David L. Peterson Trust Dated March 2, 2006, Appellant : Appellant Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

APPELLANT'S BRIEF

APPEAL FROM A JUDGEMENT OF THE SIXTH DISTRICT COURT
OF SANPETE COUNTY, UTAH, HON. MARVIN D. BAGLEY


Eldad Vered, M.D., An Individual, Plaintiff/Appellee, Vs. Tooele Hospital Corporation, A Utah Corporation, Doing Business As Mountain West Medical Center, Executive Medical Committee Of The Medical Staff Of The Mountain West Medical Center, An Organization, Tracy Schaffer, R.N., An Individual, And Yvonne Nielson, R.N., An Individual, Defendants/Appellants. : Brief Of Appellant, Utah Court Of Appeals Dec 2015

Eldad Vered, M.D., An Individual, Plaintiff/Appellee, Vs. Tooele Hospital Corporation, A Utah Corporation, Doing Business As Mountain West Medical Center, Executive Medical Committee Of The Medical Staff Of The Mountain West Medical Center, An Organization, Tracy Schaffer, R.N., An Individual, And Yvonne Nielson, R.N., An Individual, Defendants/Appellants. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

BRIEF OF APPELLANTS

INTERLOCUTORY APPEAL FROM THE THIRD JUDICIAL DISTRICT COURT,
TOOELE COUNTY, JUDGE ROBERT ADKINS


Salt Lake City, Plaintiff/Appellee V. Rafael Reyes-Gutierrez, Defendant/Appellant. : Reply Brief, Utah Court Of Appeals Dec 2015

Salt Lake City, Plaintiff/Appellee V. Rafael Reyes-Gutierrez, Defendant/Appellant. : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

REPLY BRIEF OF APPELLANT

Appeal from a judgment of conviction for one count of Retail Theft, a class A
misdemeanor, in violation of Utah Code §76-6-602 in the Third Judicial District, in and
for Salt Lake County, State of Utah, the Honorable Vernice Trease, presiding.

Appellant is not incarcerated


Lavon G. Cox Petitioner, V. Labor Commission Of Utah; St. George Truss Co.; And Workers Compensation Fund, Respondents., Utah Court Of Appeals Dec 2015

Lavon G. Cox Petitioner, V. Labor Commission Of Utah; St. George Truss Co.; And Workers Compensation Fund, Respondents., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

BRIEF OF RESPONDENTS ST GEORGE TRUSS CO. AND WORKERS
COMPENSATION FUND

Petition for Review from the Order Affirming ALJ's Decision by the Labor
Commissioner of the Labor Commission of Utah


Lavon G. Cox, Petitioner/Appellant, V. Utah Labor Commission, St. George Truss Co., And Workers Compensation Fund, Respondents/Appellees. : Reply Brief, Utah Court Of Appeals Dec 2015

Lavon G. Cox, Petitioner/Appellant, V. Utah Labor Commission, St. George Truss Co., And Workers Compensation Fund, Respondents/Appellees. : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

REPLY BRIEF OF APPELLANT

Petition for Review from the Order Affirming ALJ's Decision by the Labor
Commissioner of Utah


State Of Utah, Plaintiff/Appellee, Vs. Roy D. Taylor, Defendant/Appellant. : Brief Of Appellant, Utah Court Of Appeals Dec 2015

State Of Utah, Plaintiff/Appellee, Vs. Roy D. Taylor, Defendant/Appellant. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

Brief of Appellant

Appeal from a conviction of one count of possession of a controlled substance with intent to
distribute, a first degree felony because of a prior conviction, and one count of possession of
drug paraphernalia, a class B midemeanor, in the Fourth Judicial District Court of Utah,
Wasatch County, the Honorable Roger W. Griffin, presiding.


Geoffrey S. Rule, Petitioner/Appellee, Vs. Richelle Rule, Respondent/Appellant. : Brief Of Appellant, Utah Court Of Appeals Dec 2015

Geoffrey S. Rule, Petitioner/Appellee, Vs. Richelle Rule, Respondent/Appellant. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

BRIEF OF APPELLANT

THIS APPEAL IS TAKEN FROM THE TRIAL COURT'S ORAL
RULING DATED 6-6-14 RELATED TO TRIAL HELD ON 5-27-14
AND 5-28-14 REDUCED TO ORDER 11-5-14 AND THE TRIAL
COURT'S 4-24-15 RULING ON RESPONDENT/APPELLANT'S
RULE 59/60 MOTION REDUCED TO ORDER 7-2-15. THE CASE IS
PENDING IN THE THIRD DISTRICT COURT IN AND FOR SALT
LAKE COUNTY, SALT LAKE DEPARTMENT, STATE OF UTAH,
THE HONORABLE SU CHON PRESIDING.


Lavon G. Cox, Petitioner/Appellant, V. Utah Labor Commission, St. George Truss Co. And Workers Compensation Fund Respondents/Appellees. : Brief Of Appellant, Utah Court Of Appeals Dec 2015

Lavon G. Cox, Petitioner/Appellant, V. Utah Labor Commission, St. George Truss Co. And Workers Compensation Fund Respondents/Appellees. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

INITIAL BRIEF OF APPELLANT

Appeal from the Labor Commission of Utah


Michael E. Baker And Kathleen M. Papi-Baker, Trustees Under The Michael And Kathleen Baker Family Living Trust Dated March 25, 2005, Plaintiffs/Appellants, V. Park City Municipal Corporation, A Utah Municipal Corporation, Defendant/Appellee. : Brief Of Appellee, Utah Court Of Appeals Dec 2015

Michael E. Baker And Kathleen M. Papi-Baker, Trustees Under The Michael And Kathleen Baker Family Living Trust Dated March 25, 2005, Plaintiffs/Appellants, V. Park City Municipal Corporation, A Utah Municipal Corporation, Defendant/Appellee. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

BRIEF OF APPELLEE

Appeal from the Final Ruling and Order Granting Summary Judgment in Favor of
Defendant/Appellee and Denying Plaintiffs/Appellants' Motion for Summary Judgment
of the Third Judicial District Court of Summit County, State of Utah, Dated October 28,
2015, Honorable Kara Pettit


Kara Cattani, As Trustee Of The Oates Family Trust, Plaintiff/Appellant, V. Lyle Drake, An Individual; Durham Jones & Pinegar, Pc., A Utah Professional Corporation; Daniel Maynard, An Individual; And Maynard Cronin Erickson Curran & Sparks, P.L.C., Defendants/Appellees. : Reply Brief, Utah Court Of Appeals Dec 2015

Kara Cattani, As Trustee Of The Oates Family Trust, Plaintiff/Appellant, V. Lyle Drake, An Individual; Durham Jones & Pinegar, Pc., A Utah Professional Corporation; Daniel Maynard, An Individual; And Maynard Cronin Erickson Curran & Sparks, P.L.C., Defendants/Appellees. : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

REPLY BRIEF OF APPELLANT
TO BRIEF OF LYLE DRAKE AND DURHAM JONES & PINEGAR, PC

Appeal from the Fifth Judicial District Court in and for Washington County, State
of Utah before the Honorable Pamela G. Heffernan


Transportation Alliance Bank, A Utah Banking Corporation, Plaintiff/Appellee, Vs. International Confections Company, Llc, An Ohio Limited Liability Company; Ng Acquisition, Llc, An Ohio Limited Liability Company; And Michael D. Ryan, And Individual, Defendants/Appellants, Utah Court Of Appeals Dec 2015

Transportation Alliance Bank, A Utah Banking Corporation, Plaintiff/Appellee, Vs. International Confections Company, Llc, An Ohio Limited Liability Company; Ng Acquisition, Llc, An Ohio Limited Liability Company; And Michael D. Ryan, And Individual, Defendants/Appellants, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

On Appeal from the Third District Court, Salt Lake county, State of Utah The Hon. Laura S. Scott, Civil No. 140907314