BYU Job Opening – General Counsel

**I received this email earlier this afternoon.**

BYU Office of General Counsel seeks to fill an opening.  Note the April 3 close.

BYU’s Office of the General Counsel is seeking your help in advertising for a new opening in our office. The position will reside in Provo, Utah but work will focus on the needs of BYU Idaho.  Would you be willing to let your chapter members know about this opportunity?  The posting can be found at yjobs.byu.edu and will close April 3, 2017.  I have included a link below.

Job #62730 Associate University Counsel BYU Idaho

BYU Law School- Job Opening

BYU Law School is seeking applications for two new positions: Assistant Dean of Communications, and a Distinguished Practitioner in Residence.

The Assistant Dean of Communications will promote the Law School’s efforts to influence external constituencies through publications, marketing, public relations, and academic events.  Applicants should have experience in marketing or public relations, as well as leadership and management experience, and should be committed to the mission and aims of ​​BYU Law School and Brigham Young University.  The job description and application appears on the BYU Yjobs website (Job ID 61698).

The Distinguished Practitioner in Residence will teach two courses during the term of appointment, and is considered a professional position. A successful applicant will have a J.D. degree, an outstanding academic background, a commitment to producing influential and enduring scholarship, and a devotion to high-quality teaching. The job description and application appears on the BYU Yjobs website (Job ID 61553).

BYU’s J. Reuben Clark Law School is Hiring

***Job Announcement***

BYU law is now seeking applicants for faculty positions beginning in Fall of 2017.

The J. Reuben Clark Law School at Brigham Young University is seeking applicants for one or more continuing faculty status track faculty positions to begin Fall Semester 2017.

A successful applicant must have a JD degree, an outstanding academic background, a record that indicates a strong likelihood of becoming a well-published and nationally recognized scholar, and an intense commitment to teaching, research and writing that will leave no time for significant law practice or consulting.

Curricular needs include Bankruptcy, Contracts, Criminal Law, Criminal Procedure, Employment Law, Evidence, Family Law, Professional Responsibility, and Secured Transactions, but all applicants with strong credentials will be considered.

Applicants must create an online faculty application at https://yjobs.byu.edu, posting number 57328. Each applicant’s curriculum vitae or cover letter should include (1) a description of the applicant’s research agenda, (2) a list of preferred courses to teach, and (3) references.

Applications should be submitted by December 1, 2016, but the Law School will consider applications on a rolling basis once the position is posted. BYU, an equal opportunity employer, requires all faculty to observe the university’s honor code and dress and grooming standards. Preference is given to qualified candidates who are members in good standing of the affiliated church, The Church of Jesus Christ of Latter-day Saints.

For further information, contact Brigham Daniels, Appointments Committee Chair, at danielsb@law.byu.edu.

Remains of abducted BYU student found

Authorities in Corvalis, Oregon, announced yesterday that they had found and identified the remains of Brooke Wilberger, a 19-year-old BYU student who disappeared in the Spring of 2004. At the time of her disappearance, Wilberger had been helping her sister clean the lamp posts of the apartment complex her sister and brother-in-law maintained near the Oregon State University campus.

The case was unusual in that a search commenced almost immediately. Law enforcement officials usually wait a few days before searching for a missing adult because adults have the autonomy to come and go as they please, but the Corvalis authorities agreed with family members that the straight-laced BYU coed was not the sort of young woman to disappear on her own. Despite the early and large-scale search and national headlines, Wilberger was not located no one reported having seen her.

Another unusual element of the case was the fact that Wilberger’s long-time boyfriend was immediately ruled out as a suspect. Significant others are frequently prime suspects in disappearance cases, but Wilberger’s boyfriend had an iron-clad alibi: he was in Venezuela serving as a Mormon missionary.

Eventually the investigation led to Joel Courtney, who was already doing 18 years in New Mexico for the kidnapping and rape of a college student in that state. Wilberger’s DNA and hairs were found in Courtney’s van, and Courtney was to go on trial in 2010 for the kidnapping and attempted rape and murder of two other Oregon State coeds, an incident that occurred on the same day Wilberger disappeared.

Yesterday Joel Courtney entered a guilty plea for the aggravated murder of Brooke Wilberger in order to avoid the death penalty. He received a life sentence without parole. As part of his plea, Courtney disclosed the location of Wilberger’s body, which police later confirmed. Courtney’s plea provides some closure to Wilberger’s family, who have waited more than five years to know what happened to their daughter.

BYU’s J. Reuben Clark Law School is Named a “Best Value”

The National Jurist magazine recently reviewed 65 different law schools in the country to come up with their “Best Value” law schools. National Jurist looked at the cost of tuition, job placement, bar passage rates and school rankings. BYU’s J. Reuben Clark Law School came in second on the list. Congrats!

  1. North Carolina Central University– Tuition: $5,702. Bar Passage Rate: 86%. Employed at Graduation: 87%. Tier 4 school.
  2. Brigham Young University, J. Reuben Clark Law School– Tuition: $8,700. Bar Passage Rate: 97%. Employed at Graduation: 91%. Ranked 41st by US News.
  3. University of Nebraska School of Law– Tuition: $9,018. Bar Passage Rate: 89%. Employed at Graduation: 94.5%. Tier 3 school.
  4. Georgia State University College of Law– Tuition: $9,530. Bar Passage Rate: 93%. Employed at Graduation: 96%. Ranked 65th by US News.
  5. University of Mississippi School of Law– Tuition: $8,930. Bar Passage Rate: 92%. Employed at Graduation: 87%. Tier 3 school.

Ryan Marshall a “Super Star” Lawyer

SALT LAKE CITY, July 1 /PRNewswire/ — Brinks Hofer Gilson & Lione, one of the largest intellectual property law firms in the United States, is pleased to announce that Ryan L. Marshall, an intellectual property attorney based in the Salt Lake City, Utah office of the firm, has been named a Super Lawyers “Mountain States Rising Star” in intellectual property law for 2009 in a survey conducted by Law & Politics magazine. The Mountain States region consists ofIdaho, Montana, Nevada, Utah and Wyoming.

Mr. Marshall prosecutes patent applications in the chemical, pharmaceutical and biochemical arts in the U.S. and abroad. Mr. Marshall also litigates intellectual property and unfair competition claims. He received his J.D. from the J. Reuben Clark Law School, an M.S. in organic chemistry and a B.S. in chemistry, all from Brigham Young University.

Law and Politics surveyed lawyers in the “Mountain States” region, representing 70 practice areas, and asked them to identify the best lawyers they had personally worked with or had observed in action. Attorneys from firms of all sizes were considered as well as those in private practice, prosecutors, in-house counsel and public service lawyers.

The “Rising Stars” category recognizes lawyers that are under the age of 40 or have been in practice for 10 years or less. While up to 5 percent of lawyers in the state are named as Super Lawyers, no more than 2.5 percent are named to the Rising Stars list.

The complete list appears in the 2009 Mountain States Super Lawyersmagazine and in select consumer magazines.

Study dispels myth of high Utah bankruptcy rate

I’ve heard several people cite the statistic that Utah has one of the highest bankruptcy law in the nation as evidence that members of the Mormon Church are falling into the consumerist trap and “living outside their means.” I’ve always thought that was a strange assertion; I don’t live in Utah, but I’ve traveled there on occasion and I never saw anything that indicated that Utah residents spent more or less of their incomes than residents of other states. Apparently I wasn’t the only one suspicious of this oft-quoted statistic — two Brigham Young University professors of economics have an article in The Journal of Law & Economics that at least in part dispels that myth.

In their article entitled “Explaining the Puzzle of Cross‐State Differences in Bankruptcy Rates,” Lars Lefgren and Frank McIntyre make the argument that the variation in bankruptcy rates is due primarily to differences in state laws. Specifically, they found that laws governing the garnishment of wages significantly impacted bankruptcy rates. This actually makes a lot of sense — if your state’s laws prevent your creditors from garnishing your wages, you are less likely to need the the protections afforded by filing bankruptcy. On the other hand, if your creditors can get at your paycheck, you have a strong incentive to file for bankruptcy as soon as possible. Lefgren and McIntyre also found, somewhat unsurprisingly, that rates of bankruptcy were highest in areas where the median household income was between $30,000 and $60,000.

So it appears that Utah’s relatively high rate of bankruptcy (7.05 per thousand households) has more to do with its laws allowing creditors to garnish the wages of debtors than it does a particular trend among Utah residents or a Mormon subset of that population. Utah allows up to the federal limit of 25% of wages to be garnished, although it does impose a 6-month limit. In the Southeastern United States where I live, many states use the federal garnishment limit and have similarly high bankruptcy rates. Tennessee leads the pack with 8.12 bankruptcies per thousand households, with Alabama (7.42) and Georgia (7.38) not far behind.

The article is a bit dense, but it does a good job at dispelling some of the myth that Utah residents are spending like there’s no tomorrow. The bankruptcy data doesn’t support that assertion, and in fact, it turns out that the state-by-state data isn’t very useful to map trends, due to the differences in state laws.

Lefgren and McIntyre’s article is currently available for free on the J.L. & Econ website in both HTML and PDF.


Photo credit: debaird™.

Legal Briefs: Update to PBS Religious Programming Ban

In an update to a Legal Brief from May 19, PBS announced Tuesday that it would ban member stations from carrying new “sectarian” programs, but in most cases would allow existing programs to continue. This policy, which was a compromise from a proposed ban that would have terminated all such programming, allows stations such as KBYU to remain affiliated with PBS without forcing an immediate change in programming. Washington Post has more.

Legal Briefs: Huntsman to China, Blogs are Liberal, PBS doesn’t care for Christianity, Mormon swimmer causes drama in Myanmar

  • Obama makes it official, Utah’s Governor Huntsman is the United States Ambassador to China. Huntsman, 49, is fluent in Mandarin Chinese from his days as a missionary for The Church of Jesus Christ of Latter-day Saints in Taiwan. He previously served as U.S. ambassador to Singapore and as a deputy U.S. trade ambassador. Daily Herald.
  • A Brigham Young University survey of more than 200 journalists seems to indicate that news blogs seem to be “left leaning” and more popular than many conservative blogs….I think I could have told you that without the survey…good thing we’re here to give the blogosphere balance!
  • PBS is planning to kick out stations that broadcast ‘sectarian religious programs’, this includes KBYU. Yes, speech in America is free as long as you’re not a Christian, Conservative, or Straight. News Busters.
  • In Myanmar, riot police behind barbed wire barricades ringed a notorious prison where pro-democracy leader Aung San Suu Kyi was to go on trial Monday for allegedly harboring an American (who is LDS) man who swam to her lakeside home. AP

Should Judge Jay Bybee take the blame for the CIA’s rough interrogation tactics?


Should Judge Jay Bybee be the fall guy for the CIA’s rough interrogation tactics of terror suspects? Yesterday, Time Magazine wrote an article describing Bybee as a “top Justice Department official who approved an array of so-called “enhanced interrogation techniques” against alleged al-Qaeda members that many observers call torture.” The article continues; “though Bybee wasn’t the only person responsible for crafting the Bush administration’s interrogation policy, unlike his erstwhile colleagues he continues to hold public office, sitting on the Ninth Circuit Court of Appeals. He now faces calls for impeachment from Sen. Patrick Leahy, former Obama aide John Podesta and the New York Times editorial board, among other corners. The Justice Department has distanced itself from much of Bybee’s work and is reportedly preparing a scathing internal report that could call for him and others to be reprimanded or even disbarred.”

DISBARRED? DISBARRED!? All these talking heads keep saying that Bybee has broken both International and U.S. laws but SHOW ME what laws he has broken. I’ve looked and I can’t find a single law of the United States that he broke. Each of the U.S. laws that I’ve read only proscribe penalties to the person who actually did the “torturing”. Let’s be honest the Bush administration was going to interrogate terror suspects anyway they wanted, regardless of what their lawyers told them. Additionally, are we really going to “reprimand” or “disbar” a United States Circuit Judge over the “standards” of an international treaty? Give me a break! Our country signs a treaty a day that we don’t abide by. Why start now? And with a Federal Judge?

The fact of the matter is, politics are more important to some of our leaders then keeping this country safe.

Bybee received his B.A., from Brigham Young University in 1977, graduating magna cum laude. He went on to receive his Juris Doctorate from BYU’s J. Reuben Clark School of Law three years later. He served his mission for the Church of Jesus Christ of Latter-day Saints in Chile from 1973- 1975.