May / June 2023
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Table of Contents:Bar Elections | President-Elect and Bar Commission Election Results 8 President’s Message | Engineering a Better Future 11 by Kristin K. Woods Article | Vacating Arbitration Awards: What is the Standard? 12 by Craig E. Hughes Article | Milestones in the Judicial Evolution of Ponzi Clawbacks 18 by Ronald W. Goss Article | My First Trip to Ukraine: Some Vacation Inspiration from a Friendly Neighborhood Prosecutor 27 by Nathaniel Sanders Lawyer Well-Being | From Surviving to Thriving: A Lawyer’s Guide to Understanding, Using, and Recovering from Stress 37 by Martha Knudson, JD, MAPP Utah Law Developments | Appellate Highlights 41 by Rodney R. Parker, Dani Cepernich, Robert Cummings, Nathanael Mitchell, and Andrew Roth Book Review | Worse Than Nothing: The Dangerous Fallacy of Originalism 44 by Erwin Chemerinsky Reviewed by J. Frederic Voros, Jr. Southern Utah | What You Need to Know About China’s Personal Information Protection Law 47 by Julie Crane and Rachel Naegeli Focus on Ethics & Civility | Stop CC-ing Your Clients on Emails to Opposing Counsel 51 by Keith A. Call State Bar News 53 Young Lawyers Division | YLD’s Traditions Continue at the Utah State Bar Spring Convention 66 by Scotti Hill Classified Ads 68 |
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COVER PHOTOLa Verkin Creek Trail in Zion National Park, by Utah State Bar member Jackie Rosen.
JACKIE ROSEN is a litigation associate at Fabian VanCott. She grew up tagging along on family camping and canyoneering trips in southern Utah and spends her free time enjoying our beautiful state. Asked how she came to take this cover photo, Jackie said, “I stumbled upon this view on a quick backpacking trip in the Kolob Canyons area of Zion National Park this past fall.” |
2023 Utah Bar Journals
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January/ February 2023Volume 36 No. 2
Table of Contents:
President’s Message | New Beginnings by Heather L. Thuet Legislative Update | Modifications to Bar Interactions with the Legislature and How You Can Participate by Doug Foxley, Frank Pignanelli, Stephen Foxley, Steven Styler, and Nancy Sylvester Article | Understanding the Utah Supreme Court’s Docket: A Practitioner’s Guide by Carol Funk Utah Law Developments | Appellate Highlights by Rodney R. Parker, Dani Cepernich, Robert Cummings, Nathanael Mitchell, Adam Pace, and Andrew Roth Access to Justice | Introducing the Statewide Office for Indigent Appeals by Debra M. Nelson, Ben Miller, and Wendy M. Brown Article | Third Party Subpoenas in the Context of Attorney Disciplinary Investigations by John Bogart Southern Utah | H.B. 82 and Utah’s Pursuit of Affordable Housing by Victoria Carlton Innovation in Law Practice | Innovation In a Time of Crisis: The Utah Supreme Court’s Order on Emergency Diploma Privilege by Catherine Bramble Book Review | Gorsuch: The Judge Who Speaks for Himself by John Greenya Reviewed by Nicole Lagemann Focus on Ethics & Civility | Living in Utah, Working for Out-of-State Clients by LaShel Shaw and Keith A. Call Young Lawyers Division | Lessons I Learned as a First-Year Attorney by Candace Waters Paralegal Division | Please Welcome Five New Utah Licensed Paralegal Practitioners by Greg Wayment State Bar News CLE Calendar Classified Ads |
March / April 2023Volume 36 No. 2
Table of Contents:
Table of Contents:Candidates | 2023 Utah State Bar Elections 10 President’s Message | Power and Hope 15 by Kristin K. Woods Article | The Unexpected New Frontier in Property Law: The most contentious new question in domestic litigation may be… “Who gets the dog?” 17 by Aaron S. Bartholomew and Sharon Yamen Utah Law Developments | Appellate Highlights 25 by Rodney R. Parker, Dani Cepernich, Robert Cummings, Nathanael Mitchell, and Andrew Roth Book Review | Persuasion Science for Trial Lawyers 30 by John P. Blumberg Reviewed by Donald J. Winder Southern Utah | The California Privacy Rights Act (CPRA): Key Changes to California’s Privacy Laws 33 by Rachel Naegeli and Robert Snyder Article | Medical Malpractice Prelitigation Panel Hearings: A Helpful Step in the ADR Process 43 by Brian Craig Lawyer Well-Being | Motion for Mental Health: A BYU Law Student Perspective 48 by Sarah Johns Book Review | Twice a Victim 50 by Ralph Dellapiana Reviewed by Andrea Garland Focus on Ethics & Civility | The Day Your Life Changed Forever 53 by Keith A. Call State Bar News 56 Classified Ads 77 |
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The Utah Bar Journal is published 6 times each year and is received by every attorney, licensed paralegal practitioner, and paralegal division member who maintain an Active, Current, or Inactive-Full Service license with the Utah State Bar. Our current circulation is approximately 10,800 and growing.
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MISSION & VISION OF THE BAR:
The lawyers of the Utah State Bar serve the public and legal profession with excellence, civility, and integrity. We envision a just legal system that is understood, valued, and accessible to all.
Published by the Utah State Bar 645 South 200 East • Salt Lake City, Utah 84111 • Telephone (801) 531-9077 • www.utahbar.org