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The State Of Utah, Plaintiff/Appellee, V. Jeremy Bowden, Defendant/Appellant. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Brief of Appellee

Appeal from convictions for attempted aggravated murder, a
first degree felony; receiving a stolen vehicle and obstruction
of justice, both second degree felonies; four counts of
discharging a firearm, all third degree felonies; and failure to
stop at the command of law enforcement, a class A
misdemeanor, in the Third Judicial District, Salt Lake County,
the Honorable Douglas Hogan presiding

Northern Monticello Alliance, Llc, A Utah Limited Liability Company, Plaintiff/Appellant, V. San Juan County Commission, A Political Subdivision Of The State Of Utah And San Juan County, A Political Subdivision Of The State Of Utah. Defendants/Appellees. Sustainable Power Group, Llc And Latigo Wind Park, Llc, Intervening Respondents. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

SUPPLEMENT TO BRIEF OF
NORTHERN MONTICELLO
ALLIANCE, LLC

Appeal from the Seventh Judicial District Court, San Juan County, Utah
The Honorable Lyle Anderson, District Court Judge

State Of Utah, Plaintiff/Appellee, V. Joseph Crescencio Granados, Defendant/Appellant. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Brief of Appellee

Appeal from convictions for attempted murder, a first degree
felony; possession of a dangerous weapon by a restricted
person, a second-degree felony; failure to stop at command of
police and criminal mischief, both third-degree felonies;
possession of a controlled substance, a class-A misdemeanor;
and possession of drug paraphernalia, a class-B misdemeanor;
in the Third Judicial District, Salt Lake County, the Honorable
Paul B. Parker presiding

The State Of Utah, Plaintiff/Appellee V. Joseph Crescencio Granados, Defendant/Appellant. : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

REPLY BRIEF OF APPELLANT

An appeal from a judgment of conviction of attempted murder, a first
degree felony; failure to stop or respond at the command or police, a third degree
felony; criminal mischief: intentional damage, deface, or destroy property, a third
degree felony; possession or use of a controlled substance, a class A
misdemeanor; use or possession of drug paraphernalia, a class B midemeanor;
and possession of a dangerous weapon by a restricted, a second degree felony; in
the Third District Court, Salt Lake County, Utah, the Honorable Paul B. Parker,
presiding.

Appellant is incarcerated

Safe Home Control, Inc., Petitioner/Appellant, V. Jared Munday Respondent/Appellee : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLANT SAFE HOME CONTROL, INC

Appeal from the Fourth Judicial Court, Utah County
Honorable Christine Johnson, District Court No. 160400579

PUBLIC

ORAL ARGUMENT REQUESTED

The Bank Of New York Mellon As Trustee For The Certificate Holders Cwmbs Series 2006-Hyb5; Plaintiff And Appellee. V. Paula A. Mitchell; Defendant And Appellant. America First Credit Union; And Pepperwood Homeowners Association; Defendants (Not Participating In Appeal) : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

APPELLANT'S BRIEF

Appeal from the Orders of the
Third Judicial District Court
Issued by the Honorable Todd Shaughnessy

The Bank Of New York Mellon As Trustee For The Certificate Holders Cwmbs Series 2006-Hyb5; Plaintiff And Appellee. Vs. Paula A. Mitchell; Defendant And Appellant. America First Credit Union; And Pepperwood Homeowners Association; Defendants (Not Participating In Appeal). : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

APPELLANT'S BRIEF

Appeal from the Orders of the
Third Judicial District Court
Issued by the Honorable Todd Shaughnessy

The Bank Of New York Mellon As Trustee For The Certificate Holders Cwmbs Series 2006-Hybs; Plaintiff And Appellee. Vs. Paula A. Mitchell; Defendant And Appellant. America First Credit Union; And Pepperwood Homeowners Association; Defendants (Not Participating In Appeal). : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

APPELLANT'S REPLY BRIEF

Appeal from the Orders of
the Third Judicial District
Court
Issued by the Honorable Todd Shaughnessy

Northern Monticello Alliance, Llc, A Utah Limited Liability Company, Plaintiff/Appellant, V. San Juan County Commission, A Political Subdivision Of The State Of Utah And San Juan County, A Political Subdivision Of The State Of Utah. Defendants/Appellees. Sustainable Power Group, Llc And Latigo Wind Park, Llc, Intervening Respondents. : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

REPLY BRIEF OF
NORTHERN MONTICELLO ALLIANCE

Appeal from the Seventh Judicial District Court, San Juan County, Utah
The Honorable Lyle Anderson, District Court Judge

State Of Utah, Plaintiff/Appellee, V. Ernest Clayton Harper, Defendant/Appellant. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Brief of Appellee

Appeal from a conviction for stalking, a second degree felony,
in the Third Judicial District, Salt Lake County, the Honorable
Katherine Bernards-Goodman presiding

The State Of Utah, Plaintiff/Appellee V. Joseph Crescencio Granados, Defendant/Appellant. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLANT

An appeal from a judgment of conviction of attempted murder, a first
degree felony; failure to stop or respond at the command or police, a third degree
felony; criminal mischief: intentional damage, deface, or destroy property, a third
degree felony; possession or use of a controlled substance, class A
misdemeanor; use or possession of drug paraphernalia, a class B misdemeanor;
and possession of a dangerous weapon by a restricted, a second degree felony; in
the Third District Court, Salt Lake County, Utah, the Honorable Paul B. Parker,
presiding.

Appellant is incarcerated

Safe Home Control, Inc., Plaintiff/Appellant, V. Jared Munday, Defendant/Appellee. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLEE JARED MUNDAY

Appeal from Order Granting Motion to Set Aside Judgment and Granting Attorneys'
Fees, Safe Home Control, Inc. v. Munday, Case No. 160400579, Honorable Christine
Johnson, Presiding

James Prieur, Petitioner And Appellant, Vs. The Ensign Group, Inc., Defendant And Appellee. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

APPEAL FROM A JUDGMENT OF THE FOURTH DISTRICT
COURT OF UTAH COUNTY, UTAH, HON. JAMES BRADY

State Of Utah, Plaintiff/Appellee, V. Patrick Bobby Jr. Galindo, Defendant/Appellant : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Reply Brief--PUBLIC/PRIVATE

On appeal from the Second Judicial District Court, Weber County,
Honorable Ernie Jones, District Court No. 161901398

Mr. Galindo is incarcerated

Stuart Wood And Laurie Wood, Plaintiffs And Appellants, V. Kns International, L.L.C., A Utah Limited Liability Company And United Parcel Service, Inc., A Delaware Corporation, Defendant And Appellee : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

APPELLANTS REPLY BRIEF

Appeal from the Third District Court, Salt Lake County, Judge Bates

The Inaugural Brooklyn Lecture On International Business Law: “Isds: The Wild, Wild West Of International Practice”, George Kahale Iii

Brooklyn Journal of International Law

The lecture was delivered on April 3, 2018 at Brooklyn Law School and was sponsored by the Dennis J. Block Center for the Study of International Business Law and the Brooklyn Journal of International Law.

Chancing The Arm To Save The Face: The Fight For Irish Gaelic Recognition And Ending The Stormont Deadlock, Samantha F. Sigelakis-Minski

Brooklyn Journal of International Law

Since January 2017, the Northern Irish government has been shut down, with both the Executive and Assembly collapsed and the two major political coalitions deadlocked. Since then, civil servants with no major decision-making power have largely run the government. One of the deadlock’s major battlegrounds is whether there should be legislation in Northern Ireland mandating that Gaeilge, or Irish Gaelic, be treated as a language of equal status to that of English. This Note explores this issue and argues that the right to equal language protections is founded in the right to one’s cultural identity, and as such should be …

Rethinking Isds, George Kahale Iii

Brooklyn Journal of International Law

The author is Chairman of Curtis, Mallet-Prevost, Colt & Mosle LLP and has acted as lead counsel for respondent states in many investor-state arbitrations, including several of the cases referred to herein. His article won the 2019 Burton Award for Distinguished Legal Writing.

Against Aviation Orthodoxy: India's Foreign Investment Regime For The Airline Industry, Jae Woon Lee, Umakanth Varottil

Brooklyn Journal of International Law

The foreign investment regime governing the airline industry has been the subject matter of considerable debate. Our goal in this article is to supplement the literature by embarking on an analysis of the foreign investment regime in India and to cautiously suggest that India’s new regulatory reforms could be a harbinger for other states. A study of the foreign investment regime in the airline industry in India is both interesting and timely, for at least two reasons. First, India has nearly everything that bodes well for the growth of an aviation market, and it is one of the fastest growing …

Pursuing A Universal Threshold For Regulating Incitement To Discrimination, Hostility Or Violence, Rebecca Meyer

Brooklyn Journal of International Law

The International Covenant on Civil and Political Rights (ICCPR) recognizes that although the right to freedom of expression is essential, it is not absolute. The ICCPR prohibits speech that incites to discrimination, hostility, or violence. The provision prohibiting such speech is important to protect individuals and communities. Yet, not all countries are adequately enforcing its mandate. Such countries are letting inciting speech spread and, in some instances, violence has ensued. Conversely, some countries are taking enforcement too far, using the criminalization of inciting speech as a tool to silence political dissent. In light of the divergent interpretations—each problematic in its …

Analyzing The Potential For Universal Disarmament Of Autonomous Weapons Systems Or How I Learned To Stop Working And Love The Killer Robot, Frank Nicholas Kelly

Brooklyn Journal of International Law

Lethal autonomous weapons systems (LAWS) have recently become the subject of debate among scholars, world leaders, nongovernmental organizations (NGOs), and the popular media. While the dangers of autonomous robotics have existed for decades in science fiction, technology has only recently made the implementation of robots capable of military combat a real possibility. With the advent of this technology, many government leaders, politicians, scientists, and business leaders are advancing the argument that just because autonomous weapons can exist does not mean they should. Some countries, however, have demonstrated a strong interest in the continued developing LAWS, making universal disarmament unlikely. This …

Armenia And Azerbaijan's Struggle With Occupation In Nagorno-Karabakh, Carolyn Morway

Brooklyn Journal of International Law

The corrupt occupation of Nagorno-Karabakh and its surrounding areas has resulted in displaced civilians, chaotic military violence, poor judicial law-making, and hostile international relations. Analyzing the international law of occupation’s purposes and its humanitarian requirements illustrates that there is a need for change. Set against the backdrop of Nagorno-Karabakh’s precarious situation, the international community should take this opportunity to reformulate the international law of occupation with sovereignty and humanitarian principles guiding the change. The effort could prevent another such “frozen conflict.”

From Discretion To Law: Rights-Based Concerns And The Evolution Of International Sanctions, Christopher Roberts

Brooklyn Journal of International Law

This Article considers the manner in which rights-based concerns have increasingly impacted upon the nature of international sanctions regimes. First, this Article considers two better-known instances of this impact—the manner in which general sanctions became more targeted, and the manner in which due process concerns came to receive greater respect in the context of targeting decisions. Following these investigations, this Article turns to explore a third, under-recognized development—the gradual evolution of a sense that sanctions may be required in certain instances. It explores this development by highlighting the growing scope of understandings of responsibility within various bodies of public international …

Moving From Management To Termination: A Case Study Of Prolonged Occupation, David Hughes

Brooklyn Journal of International Law

In 2017, the Israeli occupation of the Palestinian territories reached a half-century in duration. This reignited a conversation amongst legal scholars. In articles and books, lawyers questioned the efficacy of occupation law. They asked whether it had become an anachronism. Across Israel and the Palestinian territories, those that directly invoke the law of occupation sought a more effective means of adapting the law to meet the exigencies of a fifty-year-old occupation. The accompanying debates recalled questions concerning the legal treatment of prolonged occupation. This article seeks to fundamentally alter the recurring discourse. Built around a detailed case study of Israel’s …

The Price Is Rights: Getting The United Arab Emirates Up To International Speed In The Labor Law Department, Janae C. Cummings

Brooklyn Journal of International Law

Despite a rapidly growing economy and a tremendous accumulation of wealth, the United Arab Emirates has facilitated many human rights abuses against migrant workers from impoverished countries throughout the world. The UAE’s system of recruitment, payment and living conditions put already vulnerable populations in considerably worse economic conditions by exploiting their labor and creating significant barriers to challenging the unjust employment system. After being sold on the idea that migrating to the UAE would bring a semblance of economic advancement, many migrants find themselves in inhumane working conditions and debt from having to pay excessive amounts of money to recruitment …

Byu Law School Faculty Listing

BYU Law Review

No abstract provided.

Table Of Contents

BYU Law Review

No abstract provided.

Optimal Deterrence And The Preference Gap, Brook Gotberg

BYU Law Review

It is generally understood that the way to discourage particular behavior in individuals is to punish that behavior, on the theory that rational individuals seek to avoid punishment. Laws aimed at deterring behavior operate on the assumption that increasing the likelihood of punishment, the severity of punishment, or both, will decrease the behavior. The success of these laws is evaluated by how much the targeted behavior decreases. The law of preferential transfers—which punishes creditors who have been paid prior to a bankruptcy filing at the expense of other, unpaid creditors—has been defended on the grounds that it deters a race …

Courts As Information Intermediaries: A Case Study Of Sovereign Debt Disputes, Sadie Blanchard

BYU Law Review

When foreign sovereigns default on their debt, creditors sometimes sue them. These creditors are sophisticated actors, and they know that if they sue, courts can do little to force a sovereign to satisfy a judgment. Why do they sue? This Article argues that these creditors sue because they use litigation to produce information about the debtor state or its government that induces third parties to sanction or refuse to deal with the state or the government. The ability to produce such information strengthens the litigating creditors’ bargaining position in settlement negotiations. Courts thus serve as information intermediaries that strengthen reputational …

Does Enforcement Reduce Voluntary Tax Compliance?, Leandra Lederman

BYU Law Review

Governments generally use enforcement methods, such as audits and the imposition of penalties, to deter noncompliance with tax laws. Although this approach is consistent with most economic modeling of tax compliance, some scholars caution that enforcement may backfire, “crowding out” taxpayers’ intrinsic motivations to pay taxes to such an extent that they reduce their tax payments. This Article analyzes the existing evidence to determine if this occurs. In fact, field studies suggest that enforcement tools, such as audits, are very effective deterrents. A few recent studies have found that audits have a negative effect on the subsequent tax payments of …