Brigham Young University

Brigham Young University Law School
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    43674 research outputs found

    Jodi Howick Appellant v. Salt Lake City Corporation, Appellee

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    Appeal from the third District court, Salt Lake County, State of Utah The Honorable Richard D. McKelvi

    State of Utah, Plaintiff/Appellee, v. Robert Peter Mendez, Defendant/Appellant

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    Appeal from a judgement entered in the Fifth Judicial district Court of Utah, Washington County, Honorable G. Michael Westfal

    Welcome and Introductions

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    Drought by Fifth Amendment: Debunking Water Rights as Real Property Comments

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    Law Library / JRCB from the northwest (2017)

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    A photograph of the west wall of the law building, taken from the Heritage Drive fountain.https://digitalcommons.law.byu.edu/main_slideshow/1011/thumbnail.jp

    CYBER!

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    This Article challenges the basic assumptions of the emerging legal area of “cyber” or “cybersecurity.” It argues that the two dominant “cybersecurity” paradigms—information sharing and deterrence—fail to recognize that corporate information security and national “cybersecurity” concerns are inextricable. This problem of “reciprocal security vulnerability” means that in practice our current legal paradigms channel us in suboptimal directions. Drawing insights from the work of philosopher of science Michael Polanyi, this Article identifies three flaws that pervade the academic and policy analysis of security, exacerbating the problem of reciprocal security vulnerability—privacy conflation, incommensurability, and internet exceptionalism. It then offers a new paradigm—reciprocal security. Reciprocal security reframes information security law and policy as part of broader security policy, focusing on two key elements: security vigilance infrastructure and defense primacy. The Article concludes by briefly introducing five sets of concrete legal and policy proposals embodying the new reciprocal security paradigm

    Deceptive Patents: Deconstructing Juicy Whip

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    Moral utility largely prevents the granting of a patent if the patent would be injurious to the well-being of society. The moral utility doctrine has prevailed through much of American patent history and still endures in many parts of the world. In Juicy Whip I, the Federal Circuit chose to abandon the doctrine, but the court’s rationale in support of the decision was ill-suited. The court’s holding sanctioned deceptive patent applications but, intentionally or unintentionally, neglected applicable unfair competition, free speech, and consumer deception doctrines. In light of the Intellectual Property Clause of the U.S. Constitution, deceptive patents should be barred, because they convey no inherently useful qualities beyond deceiving consumers

    State of Utah, Plain Tiff/Petitioner, v. James Christopher McCallie, Defendant/Respondent.

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    On Writ of Certiorari to the Utah Court of Appeal

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    Brigham Young University Law School is based in United States
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