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Full-Text Articles in Law

Replacing The Federal Income Tax With A Postpaid Consumption Tax: Preliminary Thoughts Regarding A Government Matching Program For Wealthy Investors And A New Tax Policy Lens, J. Clifton Fleming Jr. Dec 2006

Replacing The Federal Income Tax With A Postpaid Consumption Tax: Preliminary Thoughts Regarding A Government Matching Program For Wealthy Investors And A New Tax Policy Lens, J. Clifton Fleming Jr.

Faculty Scholarship

In recent years, proposals have been made to replace the federal income tax with a postpaid consumption tax - that is, a federal value added tax ("VAT"), a federal retail sales tax ("RST"), or a federal cash-flow (consumed income) tax. Because these taxes can be constructed so that they are indistinguishable at the level of the ultimate consumer in terms of their principal effects, and because a prominent recent proposal is the RST approach, I have written this article in terms of an RST/income tax comparison. The analysis, however, would be mostly the same if the income tax was compared ...


Incentivizing And Protecting Informants Prior To Mass Atrocities Such As Genocide: An Alternative To Post Hoc Courts And Tribunals, Eric Talbot Jensen Dec 2006

Incentivizing And Protecting Informants Prior To Mass Atrocities Such As Genocide: An Alternative To Post Hoc Courts And Tribunals, Eric Talbot Jensen

Faculty Scholarship

International institutions are almost exclusively reactive to violations of international law. There are very few systemic methods of proactively trying to prevent egregious violations such as genocide; rather, international law seems to take punishing violators as its sole approach. In modern times, most of the punishment and post-event enforcement has come through international courts and tribunals. These courts and tribunals are astoundingly expensive and notoriously inefficient. More importantly, the threat of prosecution does not appear to act as an effective deterrent in preventing criminal acts. This is unacceptable. With hundreds of thousands of lives at stake, the international community must ...


Blogging While Untenured And Other Extreme Sports, A. Christine Hurt, Tung Yin Dec 2006

Blogging While Untenured And Other Extreme Sports, A. Christine Hurt, Tung Yin

Faculty Scholarship

No abstract provided.


Regulating Public Morals And Private Markets: Online Securities Trading, Internet Gambling And The Speculation Paradox, A. Christine Hurt Dec 2006

Regulating Public Morals And Private Markets: Online Securities Trading, Internet Gambling And The Speculation Paradox, A. Christine Hurt

Faculty Scholarship

No abstract provided.


What Google Can't Teach Us About Ipo Auctions (And What It Can), A. Christine Hurt Dec 2006

What Google Can't Teach Us About Ipo Auctions (And What It Can), A. Christine Hurt

Faculty Scholarship

No abstract provided.


Table Of Contents Dec 2006

Table Of Contents

BYU Law Review

No abstract provided.


All The Better To Eat You With, My Dear: The Need For A Heightened Harm Standard In Utah's Grandparent Visitation Statute, Tracy C. Schofield Dec 2006

All The Better To Eat You With, My Dear: The Need For A Heightened Harm Standard In Utah's Grandparent Visitation Statute, Tracy C. Schofield

BYU Law Review

No abstract provided.


Patent Law Viewed Through An Evidentiary Lens: The "Suggestion Test" As A Rule Of Evidence, Christopher A. Cotropia Dec 2006

Patent Law Viewed Through An Evidentiary Lens: The "Suggestion Test" As A Rule Of Evidence, Christopher A. Cotropia

BYU Law Review

No abstract provided.


Constructing Class Action Reality, Debra Lyn Bassett Dec 2006

Constructing Class Action Reality, Debra Lyn Bassett

BYU Law Review

No abstract provided.


Justice Ginsburg's Fiduciary Loophole: A Viable Achilles' Heel To Hmos' Impenetrable Erisa Shield, Charlotte Johnson Dec 2006

Justice Ginsburg's Fiduciary Loophole: A Viable Achilles' Heel To Hmos' Impenetrable Erisa Shield, Charlotte Johnson

BYU Law Review

No abstract provided.


Square Pegs, Round Hole: The Fourth Amendment And Preflight Searches Of Airline Passengers In A Post-9/11 World, Steven R. Minert Dec 2006

Square Pegs, Round Hole: The Fourth Amendment And Preflight Searches Of Airline Passengers In A Post-9/11 World, Steven R. Minert

BYU Law Review

No abstract provided.


Grave Matters: The Ancient Rights Of The Graveyard, Alfred L. Brophy Dec 2006

Grave Matters: The Ancient Rights Of The Graveyard, Alfred L. Brophy

BYU Law Review

No abstract provided.


Coercion And Terrorism Prosecutions In The Shadow Of Military Detention, Tung Yin Dec 2006

Coercion And Terrorism Prosecutions In The Shadow Of Military Detention, Tung Yin

BYU Law Review

No abstract provided.


Sarbanes-Oxley's Structural Model To Encourage Corporate Whistleblowers, Richard E. Moberly Dec 2006

Sarbanes-Oxley's Structural Model To Encourage Corporate Whistleblowers, Richard E. Moberly

BYU Law Review

No abstract provided.


Nonprofit Takeovers: Regulating The Market For Mission Control, Dana Brakman Reiser Dec 2006

Nonprofit Takeovers: Regulating The Market For Mission Control, Dana Brakman Reiser

BYU Law Review

No abstract provided.


The Disabled Ada: How A Narrowing Ada Threatens To Exclude The Cognitively Disabled, Nathan Catchpole, Aaron Miller Dec 2006

The Disabled Ada: How A Narrowing Ada Threatens To Exclude The Cognitively Disabled, Nathan Catchpole, Aaron Miller

BYU Law Review

No abstract provided.


Bormann Revisited: Using The Penn Central Test To Determine The Constitutionality Of Right-To-Farm Statutes, Jeffiy R. Gittins Dec 2006

Bormann Revisited: Using The Penn Central Test To Determine The Constitutionality Of Right-To-Farm Statutes, Jeffiy R. Gittins

BYU Law Review

No abstract provided.


Table Of Contents Dec 2006

Table Of Contents

BYU Law Review

No abstract provided.


Clark Memorandum: Fall 2006, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School Nov 2006

Clark Memorandum: Fall 2006, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School

The Clark Memorandum


Table Of Contents Nov 2006

Table Of Contents

BYU Law Review

No abstract provided.


The New Biopolitics: Autonomy, Demography, And Nationhood, Jedediah Purdy Nov 2006

The New Biopolitics: Autonomy, Demography, And Nationhood, Jedediah Purdy

BYU Law Review

No abstract provided.


Off-Site Conditions And Disclosure Duties: Drawing The Line At The Property Line, Florrie Young Roberts Nov 2006

Off-Site Conditions And Disclosure Duties: Drawing The Line At The Property Line, Florrie Young Roberts

BYU Law Review

No abstract provided.


Religious Groups And The Gay Rights Movement: Recognizing Common Ground, J. Brady Brammer Nov 2006

Religious Groups And The Gay Rights Movement: Recognizing Common Ground, J. Brady Brammer

BYU Law Review

No abstract provided.


Don't Ask, Don't Tell: Hipaa's Effect On Informal Discovery In Products Liability And Personal Injury Cases, Daniel M. Roche Nov 2006

Don't Ask, Don't Tell: Hipaa's Effect On Informal Discovery In Products Liability And Personal Injury Cases, Daniel M. Roche

BYU Law Review

No abstract provided.


The Writing On The Wall: The Potential Liability Of Mediators As Fiduciaries, Rebekah Ryan Clark Nov 2006

The Writing On The Wall: The Potential Liability Of Mediators As Fiduciaries, Rebekah Ryan Clark

BYU Law Review

No abstract provided.


Defining One's Own Concept Of Existence And The Meaning Of The Universe: The Presumption Of Liberty In Lawrence V. Texas, Mitchell F. Park Sep 2006

Defining One's Own Concept Of Existence And The Meaning Of The Universe: The Presumption Of Liberty In Lawrence V. Texas, Mitchell F. Park

BYU Law Review

No abstract provided.


The Questionable Grounds Of Objections To Proselytism And Certain Other Forms Of Religious Expression, Paul M. Taylor Sep 2006

The Questionable Grounds Of Objections To Proselytism And Certain Other Forms Of Religious Expression, Paul M. Taylor

BYU Law Review

No abstract provided.


Church-State Relations In The European Court Of Human Rights, Carolyn Evans, Christopher A. Thomas Sep 2006

Church-State Relations In The European Court Of Human Rights, Carolyn Evans, Christopher A. Thomas

BYU Law Review

No abstract provided.


Religious Freedom And Human Rights In South Africa After 1996: Responses And Challenges, Cornel W. Du Toit Sep 2006

Religious Freedom And Human Rights In South Africa After 1996: Responses And Challenges, Cornel W. Du Toit

BYU Law Review

No abstract provided.


Democracy And Islam: An Odyssey In Braving The Twenty-First Century, Justice Tassaduq Hussain Jillani Sep 2006

Democracy And Islam: An Odyssey In Braving The Twenty-First Century, Justice Tassaduq Hussain Jillani

BYU Law Review

No abstract provided.