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IN RE: MARY DOE and JANE DOE, Petitioners. : Brief
Get PDFBRIEF OF AMICUS CURIAE AD HOC COALITION OF UTAH LAWPROFESSORSIN SUPPORT OF PETITIONER
SALT LAKE COUNTY, DUCHESNE COUNTY, UINTAH COUNTY, WASHINGTON COUNTY, and WEBER COUNTY, political subdivisions of the State of Utah, Plaintiffs/Appellants, v. STATE OF UTAH, DELTA AIRLINES, INC. AND SKY WEST, INC., Defendants/Appellees. : Brief of Appellant
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SALT LAKE COUNTY, DUCHESNE COUNTY, UINTAH COUNTY, WASHINGTON COUNTY, and WEBER COUNTY, political subdivisions of the State of Utah, Plaintiffs-Appellants, v. STATE OF UTAH, DELTA AIR LINES, INC. and SKYWEST AIRLINES, INC., Defendants-Appellees. : Reply Brief
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On appeal from the Third Judicial District CourtJudge Kara Pettit, District Court No. 17090452
CHARLIE W. HARRISON and TRENA HARRISON, Plaintiffs/Appellants, vs. SPAH FAMILY, LTD; STAN E. HOLLAND; and PAIGE HOLLAND, Defendants/Appellees. : Brief of Appellant
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Appeal From Seventh District Court,Grand County, State of UtahCivil No. 160700035Judge Lyle R. Anderso
CHARLIE W. HARRISON and TRENA HARRISON, Plaintiffs/Appellants, vs. SPAH FAMILY, LTD; STAN E. HOLLAND; and PAIGE HOLLAND, Defendants/Appellees. : Reply Brief
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Appeal From Seventh District Court,Grand County, State of UtahCivil No. 160700035Judge Lyle R. Anderso
OREM CITY, Appellee, v. BRIDGETTE CHATWIN, Appellant. : Reply Brief
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[ORAL ARGUMENT REQUESTED
State of Utah Plaintiff/Appellee vs. JULIUS OCHIENG OLOLA Defendant/Appellant : Brief of Appellant
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APPEAL FROM A JUDGMENT SENTENCE ANDCONVICTION OF DRIVING UNDER THE INFLUENCE OF ALCOHOL, ATHIRD DEGREE FELONY, AND RELATED OFFENSES INTHE THIRD JUDICIAL DISTRICT COURT
The Defendant Is Not Incarcerate
The State of Utah, Plaintiff/Appellee v. Todd Mulliner, Defendant/Appellant.
Get PDFAppeal from the Fourth District Court, Utah county, State of Utah, From a Conviction of Sale of unregistered security, Third Degree Felony, and Securities Fraud, Third Degree Felony, Before the Honorable Judge Thomas Lo
Clark Memorandum: Spring 2018
Get PDFClark Memorandum: Spring 2018 The Path of Present Intention Scholarship as Dialogue and a Constructive Exercise: A Look at the Investitures of Three BYU Law Professors Kif Augustine-Adams Christine Hurt Brett Scharffs A Pattern of Timeless Moments: The J. Reuben Clark Law Society at 30 To Me He Doth Not Stink : Advocacy and Lovehttps://digitalcommons.law.byu.edu/clarkmemo_gallery/1046/thumbnail.jp
Tensions Underlying the Indian Child Welfare Act: Tribal Jurisdiction over Traditional State Court Family Law Matters
Get PDFState courts have historically exercised jurisdiction over family law cases. However, under the Indian Child Welfare Act (ICWA), Indian child custody and adoption cases have been taken out of state jurisdiction and placed with Indian tribal governments. State courts have pushed back against proper deference to ICWA and violate ICWA by misapplying its provisions and refusing to transfer custody and adoption cases to tribal courts. This Note analyzes the state-tribal tensions surrounding ICWA and argues that the primary reason for the lack of full state acceptance of ICWA is that, historically, states have had nearly total jurisdiction over family law disputes, particularly those that go to the core of ICWA—child custody and adoption. In recent years, some states have changed their tune and have sought to appropriately apply ICWA. Even so, misapplication of the law remains a problem in many state courts. In December 2016, for the first time since ICWA was enacted, the Bureau of Indian Affairs published updated rules and guidelines to clarify ICWA requirements. This is a major step toward full compliance of ICWA in state courts, despite the resistance of states to relinquish their jurisdiction over Indian family law cases