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Private Sanctions, Public Harm?, Jon J. Lee
Private Sanctions, Public Harm?, Jon J. Lee
BYU Law Review
The legal profession has a secret. In response to widespread public distrust in the profession’s ability to regulate itself, disciplinary authorities have undertaken modest efforts over the last several decades to make their activities more transparent. They have opened up their formal proceedings, publicized the identities of sanctioned attorneys, and shared information about their work online. But at the same time, most have quietly continued to resolve cases of ostensibly “minor” and “isolated” misconduct through private sanctions, keeping the identities of disciplined attorneys – and their misconduct – hidden from view.
This Article takes a comprehensive look at private sanctions …
Scaling Daos Through Fiduciary Duties, Alex Dolphin
Scaling Daos Through Fiduciary Duties, Alex Dolphin
BYU Law Review
DAOs (Decentralized Autonomous Organizations) are a unique type of business organization due in large part to their directly democratic governance structure. Owners of DAOs, “tokenholders,” do not delegate control to a board or a general partner. Rather, tokenholders directly control a DAO and must approve every action that a DAO takes. Because tokenholders do not delegate control to an agent, the principal-agent problem is tempered in DAOs. The principal-agent problem is the basis for the fiduciary duties that govern traditional business organizations. These fiduciary duties are meant to prevent agents entrusted with power by their principals from self-dealing. Some have …
Guilt-Free Markets? Unconscionability, Conscience, And Emotions, Hila Keren
Guilt-Free Markets? Unconscionability, Conscience, And Emotions, Hila Keren
BYU Law Review
Despite record-level economic inequalities and a vast growth in market exploitation, courts remain surprisingly reluctant to exercise their power to invalidate the resulting predatory contracts. There is no doubt that courts are authorized to invalidate predatory contracts based on their unconscionability. There is, however, an ongoing debate regarding the desirability of utilizing this judicial power in a capitalist society. This Article enters the discussion from a unique angle: it focuses less on the bottom line of jurisprudence and more on the law’s expressive power—the fact that the law’s impact extends beyond its ability to sanction or reward behaviors. Specifically, the …
Scout’S Honor: The Boy Scouts, Judicial Ethics, And The Appearance Of Partiality, Daniel Ortner
Scout’S Honor: The Boy Scouts, Judicial Ethics, And The Appearance Of Partiality, Daniel Ortner
BYU Law Review
No abstract provided.
Raising The Bar: Establishing An Effective Remedy Against Ineffective Counsel, Joseph H. Ricks
Raising The Bar: Establishing An Effective Remedy Against Ineffective Counsel, Joseph H. Ricks
BYU Law Review
No abstract provided.
"Standing" On Formality: Hollingsworth V. Perry And The Efficacy Of Direct Democracy In The United States, Matthew Melone, George A. Nation Iii
"Standing" On Formality: Hollingsworth V. Perry And The Efficacy Of Direct Democracy In The United States, Matthew Melone, George A. Nation Iii
Brigham Young University Journal of Public Law
No abstract provided.
Justice As A Luxury? The Inefficacy Of Middle Class Pro Se Litigation And Exploring Unbundling As A Partial Solution, Deborah Beth Medows
Justice As A Luxury? The Inefficacy Of Middle Class Pro Se Litigation And Exploring Unbundling As A Partial Solution, Deborah Beth Medows
Brigham Young University Journal of Public Law
No abstract provided.
The Folly Of Expecting Evil: Reconsidering The Bar’S Character And Fitness Requirement, Leslie C. Levin
The Folly Of Expecting Evil: Reconsidering The Bar’S Character And Fitness Requirement, Leslie C. Levin
BYU Law Review
No abstract provided.
Clark Memorandum: Spring 2014, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society
Clark Memorandum: Spring 2014, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society
The Clark Memorandum
- Guardians of the Law (Sheila McCleve)
- Revisiting Humility (Brett G. Scharffs)
- Defending Innocence (Gregory W. Moeller)
- Martin Luther King and the Good Samaritan (Goodwin Liu)
- Oliver Cowdery (Jeffrey N. Walker)
Civic Virtue, Seth P. Waxman
Civic Virtue, Seth P. Waxman
Vol. 3: Religious Conviction
This J. Reuben Clark Law School convocation address was given at the Provo Tabernacle on April 27, 2001.
Unto Whom Much Is Given, James R. Rasband
Unto Whom Much Is Given, James R. Rasband
Vol. 3: Religious Conviction
This address was given to entering law students at BYU Law School on August 19, 2009.
Latter-Day Saint Lawyers And The Public Square, Quentin L. Cook
Latter-Day Saint Lawyers And The Public Square, Quentin L. Cook
Vol. 3: Religious Conviction
This satellite fireside address was given to the J. Reuben Clark Law Society at the Conference Center Little Theater in Salt Lake City on March 13, 2009.
Liberty, Civility, And Professionalism, Ming W. Chin
Liberty, Civility, And Professionalism, Ming W. Chin
Vol. 3: Religious Conviction
This address was given at the Orrin G. Hatch Distinguished Trial Lawyer Lecture Series at BYU Law School on November 7, 2008.
The 21st Century As The Century Of Duties?, John W. Welch
The 21st Century As The Century Of Duties?, John W. Welch
Vol. 3: Religious Conviction
This address was given at the J. Reuben Clark Law Society Conference at Stanford University on February 16, 2012.
Heroes For Our Time: Going Beyond Ethical Codes, Thomas D. Morgan
Heroes For Our Time: Going Beyond Ethical Codes, Thomas D. Morgan
Vol. 3: Religious Conviction
This J. Reuben Clark Law School convocation address was given at the Provo Tabernacle on April 24, 1992.
Clark Memorandum: Fall 2012, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School
Clark Memorandum: Fall 2012, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School
The Clark Memorandum
- Education Multipliers (Mehrsa Baradaran)
- Integrity and the Practice of Law (William A. Tilleman)
- He Answered Discreetly (Elder L. Whitney Clayton)
- On Becoming a Good Apple (Thomas B. Griffith)
Unfounded Allegations That John Yoo Violated His Ethical Obligations As A Lawyer: A Critical Analysis Of The Torture Memo, Carrie L. Flores
Unfounded Allegations That John Yoo Violated His Ethical Obligations As A Lawyer: A Critical Analysis Of The Torture Memo, Carrie L. Flores
Brigham Young University Journal of Public Law
No abstract provided.
In Search Of Atticus Finch, Lance B. Wickman
In Search Of Atticus Finch, Lance B. Wickman
Vol. 2: Service & Integrity
This satellite fireside address was given to the J. Reuben Clark Law Society at the Conference Center in Salt Lake City on February 10, 2006.
A Personal Philosophy Of Professionalism, Cecil O. Samuelson
A Personal Philosophy Of Professionalism, Cecil O. Samuelson
Vol. 2: Service & Integrity
This address was President Samuelson’s first public speech since the announcement on March 18, 2003, that he would become the 12th president of Brigham Young University on May 1, 2003. It was given to the Salt Lake Chapter of the J. Reuben Clark Law Society at the Joseph Smith Memorial Building in Salt Lake City on April 7, 2003.
Acquired By Character, Not By Money, Kenneth W. Starr
Acquired By Character, Not By Money, Kenneth W. Starr
Vol. 2: Service & Integrity
This J. Reuben Clark Law School convocation address was given at the Provo Tabernacle on April 27, 1990.
On Being Ethical Lawyers, Sandra Day O'Connor
On Being Ethical Lawyers, Sandra Day O'Connor
Vol. 2: Service & Integrity
This satellite fireside address was given to the J. Reuben Clark Law Society at Sandra Day O’Connor College of Law at Arizona State University, in Tempe, Arizona, on February 15, 2008.
Words Of Hate, Words Of Love, Constance K. Lundberg
Words Of Hate, Words Of Love, Constance K. Lundberg
Vol. 2: Service & Integrity
This devotional address was given to the BYU student body on March 11, 2003.
Avoiding Pitfalls, Dale A. Whitman
Avoiding Pitfalls, Dale A. Whitman
Vol. 2: Service & Integrity
This J. Reuben Clark Law School convocation address was given at the Provo Tabernacle on April 24, 2003.
Be Healers, James E. Faust
Be Healers, James E. Faust
Vol. 2: Service & Integrity
This satellite fireside address was given to the J. Reuben Clark Law Society at the Conference Center in Salt Lake City on February 28, 2003.
Three Assumptions Lawyers Must Never Make, Brett G. Scharffs
Three Assumptions Lawyers Must Never Make, Brett G. Scharffs
Vol. 2: Service & Integrity
This Spirit of the Law address was given at BYU Law School on March 9, 2005.
Clark Memorandum: Spring 2009, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School
Clark Memorandum: Spring 2009, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School
The Clark Memorandum
- Lawyers and the Rule of Law (James D. Gordon III)
- The Truth About Media Subpoenas (RonNell Anderson Jones)
- A Mother's Pace (Gwyn Goodson McNeal)
- Liberty, Civility, and Professionalism (Ming W. Chin)
- Leaders and Learning (Kim B. Clark)
Clark Memorandum: Spring 2008, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School
Clark Memorandum: Spring 2008, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School
The Clark Memorandum
- On Being Ethical Lawyers (Sandra Day O'Connor)
- On the Wings of My Fathers (Larry Echo Hawk)
- The Relevance of Religious Freedom (Michael K. Young)
- A Walk by Faith (Elder Bruce C. Hafen)
Clark Memorandum: Spring 2007, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School
Clark Memorandum: Spring 2007, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School
The Clark Memorandum
- Learning from Our Conflicts (Gerald R. Williams)
- Aligning Our Ethical Compass (Deborah L. Rhode)
- Balancing Family, Church, and Profession (Annette W. Jarvis, Brent J. Belnap, Keith K. Hilbig, Marcus B. Nash, Steven E. Snow)
- The House that Rex Built (Dee v. Benson)
Everything I Wanted To Know About Teaching Law School I Learned From Being A Kindergarten Teacher: Ethics In The Law School Classroom, Debra Moss Curtis
Everything I Wanted To Know About Teaching Law School I Learned From Being A Kindergarten Teacher: Ethics In The Law School Classroom, Debra Moss Curtis
Brigham Young University Education and Law Journal
No abstract provided.
Clark Memorandum: Fall 2005, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School
Clark Memorandum: Fall 2005, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School
The Clark Memorandum
- Looking Ahead (Scott M. Matheson, Jr.)
- Three Assumptions Lawyers Must Never Make (Brett G. Scharffs)
- Religious Doctrine and the Language of the Law (Derek P. Pullan)
- Faithful Sacrifice (Constance K. Lundberg)