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Articles 1 - 30 of 784
Full-Text Articles in Entire DC Network
State Of Utah V. Gary Lee Moody : Reply Brief, Utah Court Of Appeals
State Of Utah V. Gary Lee Moody : Reply Brief, Utah Court Of Appeals
Utah Court of Appeals Briefs (2007– )
Appeal from a judgment of conviction for Exploitation of a Vulnerable Adult, a third degree felony, in violation of Utah Code Ann. § 76-5-11 l(4)(b)(ii) (Supp. 2007); and Issuing a Bad Check or Draft, a third degree felony, in violation of Utah Code Ann. § 76-6-505(1) (Supp. 2007), in the Third Judicial District, in and for Salt Lake County, State of Utah, the Honorable Randall Skanchy presiding.
Regulating Compensation, A. Christine Hurt
The Windfall Myth, A. Christine Hurt
Can Tax Expenditure Analysis Be Divorced From A Normative Tax Base?: A Critique Of The 'New Paradigm' And Its Denouement, J. Clifton Fleming Jr., Robert J. Peroni
Can Tax Expenditure Analysis Be Divorced From A Normative Tax Base?: A Critique Of The 'New Paradigm' And Its Denouement, J. Clifton Fleming Jr., Robert J. Peroni
Faculty Scholarship
Tax expenditure analysis (TEA) requires a baseline for identifying tax provisions that provide subsidies or incentives instead of serving to define the tax base and to implement the tax. With respect to the federal income tax, the baseline historically has been the Schanz-Haig-Simons (SHS) definition of income with a few modifications. Critics have continuously and strongly attacked TEA by characterizing the SHS baseline as unprincipled, imprecise, and insufficiently related to our hybrid income/consumption tax system as it actually exists. Since the baseline is hopelessly defective, so the critics argue, TEA is fatally dysfunctional and the results of its application to …
All Human Rights Are Equal, But Some Are More Equal Than Others: The Extraordinary Rendition Of A Terror Suspect In Italy, The Nato Sofa, And Human Rights, Chris Jenks, Eric Talbot Jensen
All Human Rights Are Equal, But Some Are More Equal Than Others: The Extraordinary Rendition Of A Terror Suspect In Italy, The Nato Sofa, And Human Rights, Chris Jenks, Eric Talbot Jensen
Faculty Scholarship
On November 4, 2009, an Italian court found a group of Italian military intelligence agents, operatives from the Central Intelligence Agency and a U.S. Air Force (USAF) officer guilty of the 2003 kidnapping of terror suspect Abu Omar. Thrown in a van on the streets of Milan, the abduction took Abu Omar from Italy to Egypt, where he was allegedly tortured and interrogated about his role in recruiting fighters for extremist Islamic causes, including the insurgency in Iraq. This essay posits that lost amidst politically charged rhetoric about Bush administration impunity and the “war on terror” is that the Italian …
Flexible Arbitration For The Developing World: Piero Foresti And The Future Of Bilateral Investment Treaties In The Global South, Andrew Friedman
Flexible Arbitration For The Developing World: Piero Foresti And The Future Of Bilateral Investment Treaties In The Global South, Andrew Friedman
Brigham Young University International Law & Management Review
No abstract provided.
A Study On The Development Of A Global Community From A Legal Perspective, Sung-Soo Han
A Study On The Development Of A Global Community From A Legal Perspective, Sung-Soo Han
Brigham Young University International Law & Management Review
No abstract provided.
Frontmatter
Brigham Young University International Law & Management Review
No abstract provided.
Constraints Of The Agreement On South Asian Free Trade Area And Saarc Agreement On Trade In Services Militating Against Sub-Regional Trade Proliferation In South Asia, Rizwanul Islam
Brigham Young University International Law & Management Review
No abstract provided.
American Antitrust Jurisprudence Applied To European Commission V. Intel, Paul Jones
American Antitrust Jurisprudence Applied To European Commission V. Intel, Paul Jones
Brigham Young University International Law & Management Review
No abstract provided.
Pick Your Poison: Private Speech, Government Speech, And The Special Problem Of Religious Displays, Ronnell Andersen Jones
Pick Your Poison: Private Speech, Government Speech, And The Special Problem Of Religious Displays, Ronnell Andersen Jones
BYU Law Review
No abstract provided.
Summum, The Vocality Of Public Places, And The Public Forum, Timothy Zick
Summum, The Vocality Of Public Places, And The Public Forum, Timothy Zick
BYU Law Review
No abstract provided.
Inverse Condemnation Actions Present Unique Problems When Determining “Just Compensation”, Ricky J. Nelson
Inverse Condemnation Actions Present Unique Problems When Determining “Just Compensation”, Ricky J. Nelson
BYU Law Review
No abstract provided.
Government Speech And Online Forums: First Amendment Limitations On Moderating Public Discourse On Government Websites, David S. Ardia
Government Speech And Online Forums: First Amendment Limitations On Moderating Public Discourse On Government Websites, David S. Ardia
BYU Law Review
No abstract provided.
Government Speech And The Publicly Employed Attorney, Margaret Tarkington
Government Speech And The Publicly Employed Attorney, Margaret Tarkington
BYU Law Review
In Garcetti v. Ceballos, the U.S. Supreme Court incorporated the "government speech" doctrine into its case law regarding the speech rights of public employees. This incorporation had the effect of nullifying a public employee's free speech rights whenever the employee is speaking pursuant to her official duties. While the Garcetti rule may be problematic in a number situations, it is particularly problematic as applied to publicly employed attorney speech, most notably the speech of prosecutors and public defenders. Attorney speech (including the speech of publicly employed attorneys) is not government speech and should not be treated as government speech. A …
The Free Speech Rights Of “Off-Duty” Government Employees, Mary-Rose Papandrea
The Free Speech Rights Of “Off-Duty” Government Employees, Mary-Rose Papandrea
BYU Law Review
No abstract provided.
Justice Souter On Government Speech, Sheldon Nahmod
Justice Souter On Government Speech, Sheldon Nahmod
BYU Law Review
No abstract provided.
The Emerging Oversimplifications Of The Government Speech Doctrine: From Substantive Content To A “Jurisprudence Of Labels”, Barry P. Mcdonald
The Emerging Oversimplifications Of The Government Speech Doctrine: From Substantive Content To A “Jurisprudence Of Labels”, Barry P. Mcdonald
BYU Law Review
No abstract provided.
Expensive Speech: Citizens United V. Fec And The Free Speech Rights Of Tax-Exempt Religious Organizations, Brandon S. Boulter
Expensive Speech: Citizens United V. Fec And The Free Speech Rights Of Tax-Exempt Religious Organizations, Brandon S. Boulter
BYU Law Review
No abstract provided.
Nonimmigrants, Equal Protection, And The Supremacy Clause, Justin Hess
Nonimmigrants, Equal Protection, And The Supremacy Clause, Justin Hess
BYU Law Review
No abstract provided.
Brands, Competition, And The Law, Deven R. Desai, Spencer Waller
Brands, Competition, And The Law, Deven R. Desai, Spencer Waller
BYU Law Review
No abstract provided.
Reinventing Usefulness, Michael Risch
Replacing Context For Plain Meaning In United States V. Cox
Replacing Context For Plain Meaning In United States V. Cox
BYU Law Review
No abstract provided.
Lawyers Keep Out: Why Attorneys Should Not Participate In Negotiating Critical Financial Numbers Reported By Public Company Clients, William O. Fisher
Lawyers Keep Out: Why Attorneys Should Not Participate In Negotiating Critical Financial Numbers Reported By Public Company Clients, William O. Fisher
BYU Law Review
No abstract provided.
Managerial Entrenchment And Shareholder Wealth Revisited: Theory And Evidence From A Recessionary Financial Market, Jay B. Kesten
Managerial Entrenchment And Shareholder Wealth Revisited: Theory And Evidence From A Recessionary Financial Market, Jay B. Kesten
BYU Law Review
No abstract provided.
An Originalist Theory Of Precedent: The Privileged Place Of Originalist Precedent, Lee J. Strang
An Originalist Theory Of Precedent: The Privileged Place Of Originalist Precedent, Lee J. Strang
BYU Law Review
No abstract provided.
Why Aren't We Using That Intel Stuff? Using Reconnaissance Satellite Imagery In Domestic Disaster Prevention And Response, Carla Crandall
Why Aren't We Using That Intel Stuff? Using Reconnaissance Satellite Imagery In Domestic Disaster Prevention And Response, Carla Crandall
BYU Law Review
No abstract provided.
Ricci's "Color-Blind" Standard In A Race Conscious Society: A Case Of Unintended Consequences?, Michael J. Zimmer
Ricci's "Color-Blind" Standard In A Race Conscious Society: A Case Of Unintended Consequences?, Michael J. Zimmer
BYU Law Review
No abstract provided.