November / December 2023
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Table of Contents:President’s Message | Get Involved: Make Your Utah State Bar Better 9 by Erik A. Christiansen Article | Finding a Better Way: An Alternative Path to Attorney Licensure in Utah 12 by Catherine Bramble Article | Do JPEC Evaluations Make a Difference in the Quality of Utah’s Judiciary? 16 by Mary-Margaret Pingree Utah Law Developments | Appellate Highlights by Rodney R. Parker, Dani Cepernich, Robert Cummings, Nathanael Mitchell, and Andrew Roth 19 Southern Utah/Views from the Bench | Questions for the Bench: Judge Jay Winward 24 Book Review | A Manual of Style for Contract Drafting by Kenneth A. Adams Reviewed by Landon Troester 27 Article | The Federal Trade Commission’s Ongoing Efforts to Ensure Truth in Advertising 30 by Chris W. Hogue Article | Utah’s New Income Tax Reimbursement Statute by William J. Whitaker and L. Stanford McCullough 35 Focus on Ethics & Civility | Giving Light: A Lawyer’s Role as Advisor 43 by Keith A. Call Article | Honoring the Career of Jeannine Timothy: A Legal Advocate Like No Other 46 by Scotti Hill State Bar News 48 Paralegal Division | Message from the Chair by Liberty Stevenson 62 Classified Ads 64 |
2023 Utah Bar Journals
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January / February 2023Volume 36 No. 1
Table of Contents:
Letter to the Editor 9 President’s Message | Utah State Bar Commission Passes Historic Funding for Attorney Wellness 11 by Kristin K. Woods Legislative Update | Legislative Update or “Big Changes are a Comin’" 13 by Frank Pignanelli, Stephen Foxley, and Stephen Styler Article | Cryptocurrency – Cryptoscam – Why Regulation, Deposit Insurance, and Stability Matter 18 by George Sutton Article | Abortion, Actual Innocence, and Much More: Cases and Issues in the Pipeline at the Utah Supreme Court 28 by Carol Funk tah Law Developments | Appellate Highlights 39 by Rodney R. Parker, Dani Cepernich, Robert Cummings, Nathanael Mitchell, Adam Pace, and Andrew Roth Article | In Defense of Imitation 42 by John J. Nielsen Article | US Intelligence Laws & EU Data-Transfer Requirements: Tools for Assessing US Law & Implementing Supplementary Measures to Meet EU Protection Levels 44 by Ryan Beckstrom and Kyle Petersen Southern Utah | Transferring UK Personal Data to the US using the UK International Data Transfer Agreement or the International Data Transfer Addendum to the European Commission’s Standard Contractual Clauses 49 by Rachel Naegeli Lawyer Well-Being | Lawyering Through the Stigma of Addiction 52 by Kent B. Scott Book Review | Business and Commercial Litigation in Federal Courts, Fifth Edition 54 by Robert L. Haig Reviewed by Matthew Lalli Commentary | An Apology for Lawyers and the Utah State Bar 56 by Mark O. Morris Focus on Ethics & Civility | Unauthorized Disclosure of Documents 61 by LaShel Shaw and Keith A. Call State Bar News 63 Paralegal Division | LPP’s: Providing Important Access to Justice 76 by Lindsey K. Brandt, LPP Classified Ads 77 |
March / April 2023Volume 36 No. 2
Table of Contents:
Candidates | 2023 Utah State Bar Elections President’s Message | Power and Hope 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?” 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 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 |
May / June 2023Volume 36 No. 3
Table of Contents:
Bar Elections | President-Elect and Bar Commission Election Results President’s Message | Engineering a Better Future by Kristin K. Woods Article | Vacating Arbitration Awards: What is the Standard? by Craig E. Hughes Article | Milestones in the Judicial Evolution of Ponzi Clawbacks by Ronald W. Goss Article | My First Trip to Ukraine: Some Vacation Inspiration from a Friendly Neighborhood Prosecutor by Nathaniel Sanders Lawyer Well-Being | From Surviving to Thriving: A Lawyer’s Guide to Understanding, Using, and Recovering from Stress by Martha Knudson, JD, MAPP Utah Law Developments | Appellate Highlights by Rodney R. Parker, Dani Cepernich, Robert Cummings, Nathanael Mitchell, and Andrew Roth Book Review | Worse Than Nothing: The Dangerous Fallacy of Originalism by Erwin Chemerinsky Reviewed by J. Frederic Voros, Jr. Southern Utah | What You Need to Know About China’s Personal Information Protection Law by Julie Crane and Rachel Naegeli Focus on Ethics & Civility | Stop CC-ing Your Clients on Emails to Opposing Counsel by Keith A. Call State Bar News Young Lawyers Division | YLD’s Traditions Continue at the Utah State Bar Spring Convention by Scotti Hill Classified Ads |
July / August 2023Volume 36 No. 4
Table of Contents:
President’s Message | Hello! 9 by Erik A. Christiansen President’s Message | Goodbye 12 by Kristin K. Woods Views from the Bench | Procedural Fairness 14 by The Honorable E. Blaine Rawson Article | What All Attorneys Should Know About Assisting Victims of Domestic Violence in Utah 17 by Kristen Olsen Article | Drafting a Special Needs Trust in Utah: A Primer 20 by Kathie Brown Roberts and Allison Barger Lawyer Well-Being | What Motivates Lawyers? 27 by Joshua Baron Utah Law Developments | Appellate Highlights 33 by Rodney R. Parker, Dani Cepernich, Robert Cummings, Nathanael Mitchell, and Andrew Roth Access to Justice | Access to Justice at the Utah State Bar 37 by Pamela Beatse and Kimberly Farnsworth Southern Utah | Bank Failures and IOLTA Accounts: Understanding FDIC Insurance Limitations and a Lawyer’s Duty to Safeguard Client Trust Funds 41 by David M. Grant Focus on Ethics & Civility | Truth 47 by Keith A. Call State Bar News 49 Paralegal Division | 2023 Paralegal of the Year: Congratulations Tonya Wright! 61 by Greg Wayment Classified Ads 64 |
September / October 2023Volume 36 No. 5
Table of Contents:
President’s Message | The Sandbox 2.0: Legal Reform at the Utah State Bar 9 by Erik A. Christiansen Views from the Bench | Magistrate Judges in Utah: Efficient Administration of Justice 12 by The Honorable Jared C. Bennett Article | Artificial Intelligence Applications and the Rules of Professional Conduct 18 by Romaine C. Marshall and Gregory Cohen Access to Justice | Utah Gets Major Boost in Funding to Address Access to Justice Challenges in Debt Collection and Eviction Cases 22 by Pamela Beatse and Danielle Stevens Book Review | Rules for Whistleblowers: A Handbook for Doing What’s Right 26 by Stephen Kohn Reviewed by Mark Pugsley Southern Utah | The Top 10 Workers’ Comp Cases All Injury Attorneys Should Know 28 by Timothy P. Daniels Utah Law Developments | Retaining Ethics in Our Retainer Agreements by Beth Kennedy 36 Article | Disclosure Dangers – How to Lose Your Litigation Matter in One Step 40 by Christopher Sanders and Austin Westerberg Article | Understanding Governmental Benefit Programs in Utah to Assist People with Special Needs 45 by Kathie Brown Roberts and Allison Barger Focus on Ethics & Civility | Our Client Confidentiality Rules Are Stricter Than You Think 51 by Keith A. Call and Gregory S. Osbourne State Bar News 54 Young Lawyer Division | The YLD Is Celebrating its Outgoing and Incoming Executive Board 63 by Alex Vandiver and Ashley Biehl Classified Ads 65 |
November / December 2023Volume 36 No. 6
Table of Contents:
President’s Message | Get Involved: Make Your Utah State Bar Better 9 by Erik A. Christiansen Article | Finding a Better Way: An Alternative Path to Attorney Licensure in Utah 12 by Catherine Bramble Article | Do JPEC Evaluations Make a Difference in the Quality of Utah’s Judiciary? 16 by Mary-Margaret Pingree Utah Law Developments | Appellate Highlights 19 by Rodney R. Parker, Dani Cepernich, Robert Cummings, Nathanael Mitchell, and Andrew Roth Southern Utah/Views from the Bench | Questions for the Bench: Judge Jay Winward 24 Book Review | A Manual of Style for Contract Drafting 27 by Kenneth A. Adams Reviewed by Landon Troester Article | The Federal Trade Commission’s Ongoing Efforts to Ensure Truth in Advertising 30 by Chris W. Hogue Article | Utah’s New Income Tax Reimbursement Statute 35 by William J. Whitaker and L. Stanford McCullough Focus on Ethics & Civility | Giving Light: A Lawyer’s Role as Advisor by Keith A. Call 43 Article | Honoring the Career of Jeannine Timothy: A Legal Advocate Like No Other 46 by Scotti Hill State Bar News 48 Paralegal Division | Message from the Chair 62 by Liberty Stevenson Classified Ads 64 |
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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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.
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