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DALE BURNINGHAM and LANA BURNINGHAM, Appellants, v. WRIGHT MEDICAL GROUP, INC.; WRIGHT MEDICAL TECHNOLOGY, INC.; AND HARLAN C. AMSTUTZ, M.D., Apellees. : Legal Brief
Get PDFBrief of Washington Legal Foundation As Amicus Curiae Regarding\u3c br /\u3eCertified Questions
Certified Questions from the United States District Court for the District ofUtah, District Judge Jill N. Parris
PROVIDENT LIFE AND ACCIDENT INSURANCE COMPANY, Plaintiff and Appellee, v. DAWNEEN G. WIRTZ, Defendant and Appellant. : Brief of Appellant
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Appeal from the Judgment of the Honorable Laura Scott,Judge of the Third Judicial District Court, Salt Lake County, State of Uta
PROVIDENT LIFE AND ACCIDENT INSURANCE COMPANY, Plaintiff/Appellee, v. DAWNEEN G. WIRTZ, Defendant/Appellant. : Brief of Appellee
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Appeal from Third Judicial District CourtSalt Lake County, State of UtahHonorable Laura Scott, Civil No. 16090003
OREM CITY, Appellee, v. BRIDGETTE CHATWIN, Appellant. : Brief of Appellant
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[ORAL ARGUMENT REQUESTED
Clark Memorandum: Spring 2018
Get PDFThe Path of Present Intention (D. Gordon Smith) Scholarship as Dialogue and a Constructive Exercise: A Look at the Investitures of Three BYU Law Professors (D. Carolina Núñez) Kif Augustine-Adams Christine Hurt Brett Scharffs A Pattern of Timeless Moments: The J. Reuben Clark Law Society at 30 (Scott W. Cameron) To Me He Doth Not Stink : Advocacy and Love (Gayla Moss Sorenson)https://digitalcommons.law.byu.edu/clarkmemorandum/1062/thumbnail.jp
Minority Entrepreneurs and Fast Failure
Get PDFMinority businesses now make up more than a quarter of all U.S. businesses; yet, due to discriminatory lending practices, cultural aversions to debt, and limited access to capital, these businesses continue to have higher failure rates. At the same time, m inority entrepreneurs are more likely to rely on informal lending and less likely to turn to bankruptcy for relief of debt. Doing so slows down failure for minority entrepreneurs — contra Silicon Valley’s new mantra, “fail fast” — and diminishes the minority entrepreneur’s ability to efficiently reallocate resources towards more productive ventures. In this essay, I distinguish the minority entrepreneurial fast failure decision from that of the majority entrepreneur and propose both private orderin g and regulat ory solutions that could help minority entrepreneurs fail faster. I begin by generally modeling the fast failure decision for the majority entrepreneur, highlighting the social costs of failing fast, and describing how formal lending and bankruptcy affect this model. I then explain how this model is distorted for minority entrepreneurs by discriminatory lending practices, cultural aversions to debt, and access to legal counsel. I conclude by suggesting, and critically assessing, proposals that could diminish these distortions, including peer - to - peer (P2P) lending platforms, mandatory educational programs, color - blind and big data loan and credit assessments, and minority loan subsidie
A Reflection on the Recent Nigerian Legislation Against Same Sex Marriage vis-à-vis Rising Gay Activism in the Western World
Get PDFThe Same Sex Marriage (Prohibition) Act recently enacted by Nigeria criminalizes marriage or civil union between persons of the same sex; solemnization of same sex marriage or civil union or witnessing, aiding or abetting the same; registration, operation, membership or support of gay clubs; pub lic show of same sex amorous relationship and related matters. Each of these offences attracts a long term of imprisonment. The Act was enacted in bold defiance of threats of economic and political sanctions by the Western powers against any developing cou ntry that enacts anti - gay legislation. This paper analyzes the Act against the backdrop of the extant laws operative in Nigeria as well as the underlying mores of the Nigerian society in contrast to Western idiosyncrasies. It concludes that the enactment i s consistent with Nigerian culture, religious beliefs and pre - existing laws, whereas the human rights spin that the Western world recently puts on homosexual orientation, on which footing the enactment is attacked, is rooted in neither natural law nor cust omary international law