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Clark Memorandum: Spring 2019
Brigham Young University Law School BYU Law Digital Commons The Clark Memorandum Law School Archives Spring 5-1-2019 Clark Memorandum: Spring 2019 J. Reuben Clark Law School BYU Law School Alumni Association J. Reuben Clark Law Society Follow this and additional works at: https://digitalcommons.law.byu.edu/clarkmemorandum Part of the Law Commons Recommended Citation J. Reuben Clark Law School, BYU Law School Alumni Association, and J. Reuben Clark Law Society, "Clark Memorandum: Spring 2019" (2019). The Clark Memorandum. 65. https://digitalcommons.law.byu.edu/clarkmemorandum/65 This Book is brought to you for free and open access by the Law School Archives at BYU Law Digital Commons. It has been accepted for inclusion in The Clark Memorandum by an authorized administrator of BYU Law Digital Commons. For more information, please contact [email protected]. clark memorandum J. Reuben Clark Law School Brigham Young University Spring 2019 loving our neighbors contents Jorge Cocco Santángelo Jorge 2 Dean’s Message D. Gordon Smith 24 4 Declaring Human Dignity Shepherd—Variation IV, Shepherd—Variation 16 How Not to Be Stupid Michael Mosman cover art cover 24 Religion, Democracy, and the Habits of the Heart Elder Bruce C. Hafen 32 Loving Our Neighbors 16 D. Carolina Núñez 42 memoranda i am not the hero opening doors toward a more perfect union 4 32 44 D. Gordon Smith, publisher K. Marie Kulbeth, executive editor Rebecca Walker Clarke, editor Lena Harper Primosch, associate editor David Eliason, art director Bradley Slade, photographer The Clark Memorandum is published by the J. Reuben Clark Law School at Brigham Young University, the byu Law School Alumni Association, and the J. -
October-1992-Vol5-No8.Pdf
,- II ii r! ! Explore the world of WEST LAW. I. ¡ FREE for 60 days! i ! West Publishing is now making WAIVER FREE Training. a series afmoney-saving of Connect You'll conduct case-building research FREE bonuses available to Time/Communications quickly and effciently with help from PC Charges for 60 Days. WESTrain"1I diskettes and telephone first-time subscribers. Every time you sign on WESTLAW during training with one of our WESTLAW experts. the first 60 days, the charges are on us. Sign upJor a oneyear subscription (Some limitations may apply.) to WESTLAW andyou'll receive: (Some limitations apply.) FREE TAKE ADVANTAGE FREE WESTCheck"Automated Citation of this limited-time offer! Database Usage for 60 Days. Checking for 60 Days. Explore WESTLAW databases and discover Use this popular WESTLAW feature to check Call 1- 800-255-2549, the amazing array of information now citations automatically. You'll always be Ext. 998 today! instantaneously available. certain that the authority you rely on You also get special bonuses on DIALOG" on remains good law. WESTLA W usage, Business Information Reports from Dun & Bradstreet Information FREÈ Services' Online Service, and Washington EZ ACCESS'M Research Service Alert usage. I\tJLiiI+WI for 6 Months. (! (Regular charges apply to other Third Party Services) Make your first online research session effcient and productive. Just answer the More ways to wi questions that appear on your screen to retrieve cases, statutes and other documents. 191992 West Publishing Company 2-9241-4/8-92 I 3355971 i ¡ Ii j -i Utalz~ UTAH BAR JOURNAL Published hy The Utah State Bar 645 South 200 East Vol. -
Minutes of the Annual Meeting of the Wyoming State Bar
Land & Water Law Review Volume 16 Issue 1 Article 14 1981 Minutes of the Annual Meeting of the Wyoming State Bar Wyoming State Bar Follow this and additional works at: https://scholarship.law.uwyo.edu/land_water Recommended Citation Wyoming State Bar (1981) "Minutes of the Annual Meeting of the Wyoming State Bar," Land & Water Law Review: Vol. 16 : Iss. 1 , pp. 333 - 360. Available at: https://scholarship.law.uwyo.edu/land_water/vol16/iss1/14 This Wyoming Bar Proceeding is brought to you for free and open access by Law Archive of Wyoming Scholarship. It has been accepted for inclusion in Land & Water Law Review by an authorized editor of Law Archive of Wyoming Scholarship. Wyoming State Bar: Minutes of the Annual Meeting of the Wyoming State Bar University of Wyoming College of Law LAND AND WATER LAW REVIEW VOLUME XVI 1981 NUMBER 1 MINUTES OF THE ANNUAL MEETING OF THE WYOMING STATE BAR September 3, 4, 5, and 6, 1980 Jackson, Wyoming The 39th Annual Meeting of the Integrated Bar and the 65th Annual Meeting of the Wyoming State Bar was called to order by President Thomas E. Lubnau at 9:00 a.m. on September 5, 1980, at the Ramada Snow King Inn, Jackson, Wyoming. Upon motion duly made, seconded, and unanimously carried, the reading of the minutes of the previous meeting was dispensed with. REPORT OF THE PRESIDENT Members of the Wyoming State Bar: As provided by Article II, Section 2 of the By-Laws of the Wyo- ming State Bar, I would like to report to you on the activities of our Bar for the past year. -
A Revelation That Has Blessed the Whole World, P. 12 Noble Fatherhood: a Glimpse of the Divine, P
THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS • JUNE 2018 A Revelation That Has Blessed the Whole World, p. 12 Noble Fatherhood: A Glimpse of the Divine, p. 22 Selfless Service to the Suffering, p. 26 “I Have Got the Plates,” Joseph Cried, p. 32 “NOBLE FATHERHOOD GIVES US A GLIMPSE OF THE DIVINE ATTRIBUTES OF OUR FATHER IN HEAVEN.” PRESIDENT JAMES E. FAUST From “A Righteous Father’s Influence,” page 22. Liahona, June 2018 FEATURE ARTICLES 22 A Righteous Father’s Influence By Megan Warren The father figures in my life taught me about the importance of righ- teous fatherhood. 26 Bearing One Another’s Burdens By Elder Jeffrey R. Holland By showing Christlike empathy to all of God’s children, we can par- ticipate in the work of the Master. 32 Saints: The Story of the COMMEMORATING THE 1978 REVELATION Church—Chapter 4: Be Watchful After years of waiting, Joseph Smith 12 Extending the Blessings of 16 Revelation for Our Time finally receives the plates—with the the Priesthood Four Apostles recall how they admonition to be watchful. How the 1978 revelation regard- felt on June 1, 1978, when the ing the priesthood has blessed revelation on the priesthood was individuals, families, and the received. DEPARTMENTS Church. 18 Blessed in Every Way 4 Portraits of Faith: Delva Netane Possible By Elder Edward Dube 6 Ministering Principles: Five As a full-time missionary, I Things Good Listeners Do first heard about the priesthood 10 Serving in the Church: Where restriction for blacks. We Were Needed The Priesthood Held in High By Wilfried and Laura Eyi 20 Esteem 40 Latter-day Saint Voices By Charlotte Acquah I was baptized just three months 80 Until We Meet Again: Our after the first missionaries Sabbath Sanctuary arrived in Ghana. -
Clark Memorandum: Spring 2008 J
Brigham Young University Law School BYU Law Digital Commons The lC ark Memorandum Law School Archives Spring 2008 Clark Memorandum: Spring 2008 J. Reuben Clark Law Society BYU Law School Alumni Association J. Reuben Clark Law School Follow this and additional works at: https://digitalcommons.law.byu.edu/clarkmemorandum Part of the Legal Ethics and Professional Responsibility Commons, Legal Profession Commons, Practical Theology Commons, and the Religion Law Commons Recommended Citation J. Reuben Clark Law Society, BYU Law School Alumni Association, and J. Reuben Clark Law School, "Clark Memorandum: Spring 2008" (2008). The Clark Memorandum. 43. https://digitalcommons.law.byu.edu/clarkmemorandum/43 This Article is brought to you for free and open access by the Law School Archives at BYU Law Digital Commons. It has been accepted for inclusion in The lC ark Memorandum by an authorized administrator of BYU Law Digital Commons. For more information, please contact [email protected]. clark memorandum J. Reuben Clark Law School Brigham Young University Spring >> 2008 c o n t e n t s Bradley Slade cover photograph The Relevance of Religious Freedom Michael K.Young On Being Ethical Lawyers Sandra Day O’Connor On the Wings of My Fathers A Walk by Faith m e m o r a n d a Larry EchoHawk Elder Bruce C. Hafen + colton chair + chief justice roberts + j. reuben clark dvd + susan purdon sully + faculty news + class notes + life in the law 2 8 14 20 27 Kevin J Worthen, publisher 30 Scott W. Cameron, executive editor Jane H. Wise, e d i t o r Joyce Janetski, associate editor David Eliason, art director Bradley Slade, photographer The Clark Memorandum is published by the J.Reuben Clark Law Society, the byu Law School Alumni Association, and the J. -
Volume 25 No. 5 Sep/Oct 2012 FALL FORUM
FALL FORUM Sep/Oct 2012 5 25No. Volume November 8-9 Utah Bar® JOURNAL EISENBERG GILCHRIST & CUTT TTORNEYS AT AW Results Matter Some of our successes in 2011 include: More than 300 lawyers have referred injured clients to • $5.0 million recovery for trucking accident Eisenberg Gilchrist & Cutt because they know we get top results. We approach every case as a serious piece of litigation, • $4.0 million recovery for product liability case whether it is worth $100,000 or $10 million. • $2.8 million recovery for carbon monoxide case • $2.5 million recovery for auto-wrongful death Call us if you have a new injury case or want to bring • $1.5 million jury verdict for ski accident case experience to a pending case. We tailor fee arrangements to • $1.1 million recovery for medical malpractice suit your clients’ needs, and we help fund litigation costs. Let our experience add value to your case. 900 PARKSIDE TOWER • 215 SOUTH STATE STREET • SALT LAKE CITY, UTAH 84111 TEL: 801-366-9100 TOL-FREE: 877-850-3030 WWW.EISENBERGANDGILCHRIST.COM FOUNDING PARTNERS ARE JEFFREY D. EISENBERG, ROBERT G. GILCHRIST AND DAVID A. CUTT Table of Contents Utah Ba President’s Message: Looking Ahead 6 by Lori W. Nelson EISENBERG GILCHRIST & CUTT Commission Message: Modest Means Lawyer Referral Program: TTORNEYS AT AW How You Can Make this Program Work for Your Practice 10 r by Hon. Su J. Chon ® Article: Twombly and Iqbal: How the Supreme Court has Radically Redefined Access to the Federal Courts 12 by Aaron S. Bartholomew JOURNAL Article: The New Respect for Justice George Sutherland 18 by Andrew M. -
Table of Contents Utah Bar
Table of Contents Utah Bar Letters to the Editor 5 President’s Message: Substitute House Bill 349 and the Definition of the Practice of Law by John A. Adams 6 JOURNAL Practice Pointer: Fee Agreements by Kate A. Toomey 10 The Final Judgment Rule: Appealability and Enforceability Go Hand in Hand by Kent O. Roche 14 Getting Past the Name Calling: A Framework for Analyzing Affirmative Action Plans by John Martinez 16 Free Online Legal Research as a Bar Benefit: The CaseMaker Option by Toby Brown 20 Views From the Bench: The Constitutional Guarantee of an Independent Judiciary by Justice Leonard H. Russon 22 State Bar News 28 Legal Assistant Division 35 Utilizing Legal Assistants in Your Family Law Practice by Lucy A. Knorr 36 CLE Calendar 38 Classified Ads 39 VISION OF THE BAR: To lead society in the creation of a justice system that is understood, valued, respected and accessible to all. MISSION OF THE BAR: To represent lawyers in the State of Utah and to serve the public and the legal profession by promoting justice, professional excellence, civility, ethics, respect for and understanding of, the law. COVER: Storm brewing over Bear Lake, taken from North Beach by first-time contributor, Marji Hanson, Salt Lake City. The Utah Bar Journal is published monthly by the Utah State Bar. One copy of each issue is furnished to members as part of their Bar dues. Subscription price to others, $45.00; single copies, $5.00. For information on advertising rates and space reservation, call Volume 16 No.4 or write the Utah State Bar offices. -
G E N E Ra L a U Th O Ritie S a N D G E N E Ra L O Ffice Rs O F T H E Ch U Rch O F
General Authorities and General Officers of The Church of Jesus Christ of Latter-day Saints THE FIRST PRESIDENCY Dallin H. Oaks Russell M. Nelson Henry B. Eyring First Counselor President Second Counselor THE QUORUM OF THE TWELVE APOSTLES M. Russell Ballard Jeffrey R. Holland Dieter F. Uchtdorf David A. Bednar Quentin L. Cook D. Todd Christofferson Neil L. Andersen Ronald A. Rasband Gary E. Stevenson Dale G. Renlund Gerrit W. Gong Ulisses Soares THE PRESIDENCY OF THE SEVENTY L. Whitney Clayton Patrick Kearon Carl B. Cook Robert C. Gay Terence M. Vinson José A. Teixeira Carlos A. Godoy GENERAL AUTHORITY SEVENTIES (in alphabetical order) Marcos A. Rubén V. Alliaud Jose L. Alonso Jorge M. Alvarado Wilford W. Ian S. Ardern Steven R. W. Mark Bassett David S. Baxter Randall K. Hans T. Boom Shayne M. Bowen Mark A. Bragg L. Todd Budge Matthew L. Yoon Hwan Choi Craig C. Aidukaitis Andersen Bangerter Bennett Carpenter Christensen Kim B. Clark Weatherford T. Lawrence E. Valeri V. Cordón J. Devn Cornish Claudio R. M. Joaquin E. Costa LeGrand R. Massimo De Feo Benjamín Edward Dube Kevin R. Duncan Timothy J. Dyches David F. Evans Enrique R. Bradley D. Foster Randy D. Funk Clayton Corbridge Costa Curtis Jr. De Hoyos Falabella Eduardo Gavarret Jack N. Gerard Ricardo P. Taylor G. Godoy Christoffel Walter F. O. Vincent Haleck Brook P. Hales Donald L. Kevin S. Hamilton Allen D. Haynie Mathias Held David P. Homer Paul V. Johnson Peter M. Johnson Larry S. Kacher Jörg Klebingat Giménez Golden González Hallstrom Joni L. Koch Erich W. Hugo E. -
Formal Ethics Opinion 108, Inadvertent Disclosure of Privileged
Formal Opinions Opinion 108 INADVERTENT DISCLOSURE OF PRIVILEGED OR CONFIDENTIAL DOCUMENTS 108 Adopted May 20, 2000. Introduction This opinion addresses the ethical obligations of a lawyer who receives from an adverse party or an adverse party’s lawyer documents that are privileged or confidential and that were inadvertently dis- closed, whether in a civil, criminal, or administrative proceeding or in a context that does not involve liti- gation. This opinion does not purport to address all the situations in which a lawyer receives privileged or confidential documents belonging to a person other than his or her client.1 For purposes of this opinion, “confidential” documents are those that are subject to a legally recognized exemption from discovery and use in a civil, criminal, or administrative action or proceeding, even if they are not “privileged” per se.2 Syllabus The ethical obligations of a lawyer who receives from an adverse party or an adverse party’s lawyer documents that are privileged or confidential and that were inadvertently disclosed depends on whether the receiving lawyer knows of the inadvertence of the disclosure before examining the docu- ments. A lawyer who receives documents from an adverse party or an adverse party’s lawyer (“sending lawyer”) that on their face appear to be privileged or confidential has an ethical duty, upon recognizing their privileged or confidential nature, to notify the sending lawyer that he or she has the documents, unless the receiving lawyer knows that the adverse party has intentionally waived privilege and confiden- tiality. Although the receiving lawyer’s only ethical obligation in this situation is to give notice, other con- siderations also come into play, including professionalism and the applicable substantive and procedural law. -
Sea: Reforming US Mining Law for Earth's Final Frontier
Under the (Territorial) Sea: Reforming U.S. Mining Law for Earth’s Final Frontier James D. Friedland LA LAW REVIEW LA LAW ABSTRACT C U As mineral prices continue to rise and high-quality terrestrial supplies dwindle, hardrock mining will soon spread to the one place on this planet it currently does not occur: underwater. The United States has regulations permitting the issuance of offshore mineral leases, but these regulations rest on questionable authority from 1953 and are already obsolete even though they have never been used. The United States will need to adopt new legislation before it can effectively access and develop this final mining frontier. The history of American mineral law is littered with mistakes and scandals. But in this particular context, that tortuous past can have a silver lining if used as a precautionary tale: Learning from the mistakes of onshore mining law, onshore oil law, and offshore oil law, the United States has an opportunity to proactively reform underwater mineral law to responsibly usher in the future of hardrock mining. In light of this opportunity, this Comment examines three case studies from U.S. mineral law to extract lessons and suggests how such lessons could inform lawmakers in drafting a sensible offshore mining law. autHOR Jamie Friedland, J.D. Candidate, UCLA School of Law Class of 2014, is a Discourse Editor of the UCLA Law Review, Volume 61. I would like to thank Professor Sean Hecht for his guidance while researching and drafting this Comment. Many thanks as well to the board and staff of the UCLA Law Review—and particularly to Samantha Booth—for the invaluable editorial expertise that made this Comment what it is today. -
Rasband: Stroke of the Pen, Law of the Land?
This paper will be published by the Rocky Mountain Mineral Law Foundation in the Proceedings of the 63rd Annual Rocky Mountain Mineral Law Institute (forthcoming 2017) Chapter 21 STROKE OF THE PEN, LAW OF THE LAND? James R. Rasband J. Reuben Clark Law School Brigham Young University Provo, Utah Synopsis § 21.01 Introduction § 21.02 Executive Authority over the Public Lands § 21.03 Can Monuments Be Abolished or Modified? [1] The Test for Presidential Executive Orders: The Youngstown Framework [2] Did Congress Expressly or Impliedly Delegate to the President the Authority to Revoke National Monuments? [3] Did Congress Expressly or Impliedly Delegate to the President the Authority to Modify or Diminish National Monuments? [a] Does the Antiquities Act Expressly Delegate the Authority to Diminish a Monument’s Size? [b] Does the Antiquities Act Impliedly Delegate the Authority to Diminish a Monument’s Size? [4] Modification Through Management § 21.04 Conclusion 21-1 21-2 Mineral Law Institute § 21.01 § 21.01 Introduction* ** With an increasingly partisan divide in Congress,1 and with the Repub- licans in control of the House for the last six years of his presidency,2 Pres- ident Barack Obama turned more and more to executive power to pursue his agenda. This was true in a number of areas,3 including with respect to the public lands. Perhaps the most prominent manifestation of this was his use of the Antiquities Act of 1906 (Antiquities Act),4 which authorizes the president, in his discretion, to “declare by public proclamation historic landmarks, historic and prehistoric structures, and other objects of historic or scientific interest that are situated upon the lands owned or controlled by the Federal Government to be national monuments.”5 President Obama proclaimed more national monuments covering more acres than any presi- dent in history.6 As has often been the case historically, President Obama’s proclamations drew strong protests from some in public land communities near the monuments and from many in the congressional delegations of * Cite as James R. -
When.The Peifect Facts and Most , Persuasive Law Are Just Beyond the Horizon, Base Your Case on the CD-ROM Edition of Pacifc Reporterqy 2D
1 When.the peifect facts and most , persuasive law are just beyond the horizon, base your case on the CD-ROM edition of Pacifc ReporterQY 2d. II i iii ilj Find it fast. Get it right. Go home early. Pacífie Reporter 2d on CD-ROM puts persuasive authority from fifeen states and two territories right on your desktop! Even if you have only a few facts, you can locate that must-have case from any jurisdiction in the region. In legal research, effciency is the bottom line, P2d on CD-ROM goes the distance! Find it fast. Get it right. Go home early. For additional Choose from three timesaving ways P2d on CD-ROM starts with Afer you've found a case, built-in information, call to search: 1) Natural Language tiustwOlthy, authoritative primaiy word procesing functions- 1-800-762-5272. searching with PREMISE'" Research materials. Exclusive headnote including "copy and Softare makes legal summarize each point of law to paste"-make Please provide research as easy help you apply a case to your fact document preparation OFFER NUMBER 839255. as tying your situation, Synopses give you a simple. Direct connection to issue in plain English; 2) field concise summaiy of WESTLW'" lets you easily expand templates let you simply "fil in the the issue and your research online. Finally, West blanks"; and 3) TeiIDS and procedural disposition Group's new KeyCite'" citation Connectors employ traditional of the case. And West research seiviæ helps you instantly Boolean methods, as well as Group's exclusive Key Number .. make sure that your case is stil sentence and paragraph connectors.