Law Commons^™

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

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

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

BYU Law Review

No abstract provided.

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

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

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

BYU Law Review

No abstract provided.

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.

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.

Judicial Ethics In Utah, Steve Averett

Brigham Young University Journal of Public Law

No abstract provided.

Nuclear Weapons, Ethics, Morals, And Law, Jonathan Granoff

BYU Law Review

No abstract provided.

Municipal Ethics Remain A Hot Topic In Litigation: A 1999 Survey Of Issues In Ethics For Municipal Lawyers, Patricia E. Salkin

Brigham Young University Journal of Public Law

No abstract provided.

Hear No Evil, See No Evil, Speak No Evil: The Intolerable Conflict For Attorney-Mediators Between The Duty To Maintain Mediation Confidentiality And The Duty To Report Fellow Attorney Misconduct, Pamela A. Kentra

BYU Law Review

No abstract provided.

The Case Of Mrs. Jones Revisited: Paternalism And Autonomy In Lawyer-Client Counseling, Mark Spiegel

BYU Law Review

No abstract provided.

Home Dance, The Hopi, And Black Mesa Coal: Conquest And Endurance In The American Southwest, Charles F. Wilkinson

BYU Law Review

No abstract provided.

A New Antidote For An Opponent's Pretrial Discovery Misconduct: Treating The Misconduct At Trial As An Admission By Conduct Of The Weakness Of The Opponent's Case, Edward J. Imwinkelried

BYU Law Review

No abstract provided.

Fines Under New Federal Civil Rule 11: The New Monetary Sanctions For The "Stop-And-Think-Again" Rule, Jeffrey A. Parness

BYU Law Review

No abstract provided.

Government Attorneys And The Ethical Rules: Good Souls In Limbo, Maureen A. Sanders

Brigham Young University Journal of Public Law

No abstract provided.

Rule 11 And Federalizing Lawyer Ethics, Judith A. Mcmorrow

BYU Law Review

No abstract provided.

The Ethics Reform Act Of 1989: Why The Taxman Can't Be A Paperback Writer, David A. Golden

BYU Law Review

No abstract provided.

Are Law And Morality Distinct?, William A. Edmundson

Brigham Young University Journal of Public Law

No abstract provided.

Maintaining Public Confidence In The Integrity Of The Judiciary: State Bar Of Nevada V. Claiborne, Mark A. Hutchison

BYU Law Review

No abstract provided.

Justice And Judges, Joseph L. Daly

BYU Law Review

No abstract provided.

Professional Responsibility Issues In Administrative Adjudication, L. Harold Levinson

Brigham Young University Journal of Public Law

No abstract provided.

Professional Responsibility Issues In Administrative Adjudication: A Colorado Perspective, Judith F. Schulman

Brigham Young University Journal of Public Law

No abstract provided.

Alternatives To The Tort System For The Nonmedical Professions: Can They Do The Job?, Kenneth S. Abraham

BYU Law Review

No abstract provided.

Retaining Traditional Tort Liability In The Nonmedical Professions, Carl S. Hawkins

BYU Law Review

No abstract provided.

The Jury As A Source Of Reasonable Search And Seizure Law, Ronald J. Bacigal

BYU Law Review

No abstract provided.

The Gap Between Law And Moral Order: An Examination Of The Legitimacy Of The Supreme Court Abortion Decisions, Lynn D. Wardle

BYU Law Review

No abstract provided.