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Articles 1 - 30 of 35128

Full-Text Articles in Law

Stakeholder Collaboration As An Alternative To Cost-Benefit Analysis, Karen Bradshaw May 2020

Stakeholder Collaboration As An Alternative To Cost-Benefit Analysis, Karen Bradshaw

BYU Law Review

This Article compares and contrasts cost-benefit analysis with “collaborative analysis” in agency decision-making. While mathematical models drive cost-benefit analysis, ongoing stakeholder negotiations drive collaborative analysis. Cost-benefit analysis relies on economists inputting numerical values into a model, whereas collaborative analysis relies on the diverse perspectives of groups and individuals affected by an agency’s decision. Administrative law scholars have exhaustively researched cost-benefit analysis while overlooking widespread agency reliance on collaborative analysis. This Article advances the novel observation that legislatures and courts sometimes treat collaborative analysis and cost-benefit analysis as interchangeable.

Administrative law scholars might find it unorthodox, even irresponsible, to equate ...


Comprehensive Rezonings, Sarah C. Bronin May 2020

Comprehensive Rezonings, Sarah C. Bronin

BYU Law Review

Of all powers given to local governments, the power to zone is one of the most significant. Zoning dictates everything that gets built in a locality—and thus effectively dictates all of the key activities that take place within it. Nationwide, most zoning codes were adopted in the first half of the twentieth century. Many, including the zoning codes of New York City and Chicago, were significantly revised in the 1960s. While these codes have been revised piecemeal, just a few American cities have undergone a comprehensive revision: replacing the old code with a completely new one.

A comprehensive rezoning ...


A Shenanigan In Ipr Denials, Jordan Brimley May 2020

A Shenanigan In Ipr Denials, Jordan Brimley

BYU Law Review

No abstract provided.


Blockchain & Smart Contract Technology: Alternative Incentives For Legal Contract Innovation, Erika J. Nash May 2020

Blockchain & Smart Contract Technology: Alternative Incentives For Legal Contract Innovation, Erika J. Nash

BYU Law Review

No abstract provided.


School To Students: Post That, And You Won't Play, Ashley Waddoups May 2020

School To Students: Post That, And You Won't Play, Ashley Waddoups

BYU Law Review

No abstract provided.


Clark Memorandum: Spring 2020, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society Apr 2020

Clark Memorandum: Spring 2020, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society

The Clark Memorandum


Osha, The Opportunism Police, Jason R. Bent Feb 2020

Osha, The Opportunism Police, Jason R. Bent

BYU Law Review

No abstract provided.


Enforcement Piggybacking And Multistate Actions, Elysa M. Dishman Feb 2020

Enforcement Piggybacking And Multistate Actions, Elysa M. Dishman

BYU Law Review

Civil enforcement in the United States is uniquely “multienforcer.” Numerous public and private enforcers including federal agencies, state attorneys general (AGs), and private litigants have overlapping authority to enforce myriad federal and state laws. Ideally, enforcers would complement one another’s efforts and use their comparative enforcement advantages to broaden the scope of enforcement and act as a check on underenforcement. But in reality, enforcers are often attracted to the same targets—large, public, deep-pocketed corporations. This means that multiple enforcers may pursue essentially the same enforcement action, arising from the same series of events and against the same target ...


Reporting Certainty, James A. Macleod Feb 2020

Reporting Certainty, James A. Macleod

BYU Law Review

Legal theorists, judges, and legal writing instructors persistently decry the assertions of certainty—”obviously X,” “undoubtedly Y,” etc.—that litter judicial opinions. According to the conventional view, the rhetoric of certainty that these assertions epitomize is disingenuous. It also reflects, and even encourages, poor judicial decision-making. And as if that were not enough, it is so unpersuasive that it is counter-persuasive: it signals uncertainty, nonobviousness, etc.—the exact opposite of what its author intends. Judges, for these and other reasons, should abstain from needless assertions of certainty and the myopic thinking they evince. That much is certain.

Yet the rhetoric ...


The Importance Of Inferior Voting Rights In Dual-Class Firms, Dov Solomon Feb 2020

The Importance Of Inferior Voting Rights In Dual-Class Firms, Dov Solomon

BYU Law Review

Over the past several years, corporate law scholarship has carefully analyzed the effects of dual-class capital structures, which allocate superior voting rights to insiders and inferior voting rights to public shareholders. This Article adds to the literature by focusing on a unique and novel type of dual-class structure—one in which the public shares have no voting rights at all. It notes that this structure is fundamentally different because in the absence of even highly diluted voting rights in public hands, the firm does not have to abide by certain types of disclosure rules and corporate governance standards. Nonvoting shareholders ...


Spotify’S Direct Listing And Foreign Private Issuers: Protecting Investors When Foreign Private Issuers List On A U.S. Exchange But Not On Their Home Exchange, Tayler Tanner Feb 2020

Spotify’S Direct Listing And Foreign Private Issuers: Protecting Investors When Foreign Private Issuers List On A U.S. Exchange But Not On Their Home Exchange, Tayler Tanner

BYU Law Review

No abstract provided.


Kill Me Through The Phone: The Legality Of Encouraging Suicide In An Increasingly Digital World, Sierra Taylor Feb 2020

Kill Me Through The Phone: The Legality Of Encouraging Suicide In An Increasingly Digital World, Sierra Taylor

BYU Law Review

No abstract provided.


Utah Marriage And Divorce Laws, Kory Staheli, Stephen Elmo Averett Jan 2020

Utah Marriage And Divorce Laws, Kory Staheli, Stephen Elmo Averett

BYU Law Library Publications

A summary of current Utah domestic relations law. Current legal forms and sample filing documents are included in the Appendix.


Smile, You’Re On Camera: A Discussion Of The Privacy Rights Of Teachers In The Modern Day Classroom, Dakota Brewer Nov 2019

Smile, You’Re On Camera: A Discussion Of The Privacy Rights Of Teachers In The Modern Day Classroom, Dakota Brewer

Brigham Young University Education and Law Journal

No abstract provided.


“More Than A Chronological Fact”: Roper V. Simmons As An Argument For Moving Away From Zero-Tolerance Discipline And Toward Restorative Justice, Elisse Newey Nov 2019

“More Than A Chronological Fact”: Roper V. Simmons As An Argument For Moving Away From Zero-Tolerance Discipline And Toward Restorative Justice, Elisse Newey

Brigham Young University Education and Law Journal

No abstract provided.


Nonprofit College Crash: Enforcing Board Fiduciaries Through Increased Accountability And Transparency In The Irs Form 990 Procedure, Patrick R. Baker, Paula Hearn Moore, Kaleb Paul Byars Nov 2019

Nonprofit College Crash: Enforcing Board Fiduciaries Through Increased Accountability And Transparency In The Irs Form 990 Procedure, Patrick R. Baker, Paula Hearn Moore, Kaleb Paul Byars

Brigham Young University Education and Law Journal

No abstract provided.


Frontmatter Nov 2019

Frontmatter

Brigham Young University Education and Law Journal

No abstract provided.


Out In Public: Legal And Policy Benefits Of Open, Cooperative K-12 Transgender Policy Development, Erin Cranor Nov 2019

Out In Public: Legal And Policy Benefits Of Open, Cooperative K-12 Transgender Policy Development, Erin Cranor

Brigham Young University Education and Law Journal

No abstract provided.


The Byu Advocate, J. Reuben Clark Law School Oct 2019

The Byu Advocate, J. Reuben Clark Law School

The BYU Advocate (& Annual Reports)

"At BYU Law, I hope that all of us are inspired with a simple but profound idea: we can change the world for the better. I refer to this idea as inspiring leadership because it describes actions that inspire members of our community to lead, as well as leadership that produces inspiration" – D. Gordon Smith


Clark Memorandum: Fall 2019, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society Oct 2019

Clark Memorandum: Fall 2019, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society

The Clark Memorandum

Read on Issuu


"To The Person": Rfra's Blueprint For A Sustainable Exemption Regime, Tanner Bean Sep 2019

"To The Person": Rfra's Blueprint For A Sustainable Exemption Regime, Tanner Bean

BYU Law Review

No abstract provided.


Mormon Profit: Brigham Young, Tithing, And The Bureau Of Internal Revenue, Samuel D. Brunson Sep 2019

Mormon Profit: Brigham Young, Tithing, And The Bureau Of Internal Revenue, Samuel D. Brunson

BYU Law Review

No abstract provided.


Immigration Law's Looming Rfra Problem Can Be Solved By Rfra, Stephanie Acosta Inks Sep 2019

Immigration Law's Looming Rfra Problem Can Be Solved By Rfra, Stephanie Acosta Inks

BYU Law Review

No abstract provided.


The Broader Implications Of Masterpiece Cakeshop, Douglas Laycock Sep 2019

The Broader Implications Of Masterpiece Cakeshop, Douglas Laycock

BYU Law Review

No abstract provided.


Native American Religious Freedom As A Collective Right, Michael D. Mcnally Sep 2019

Native American Religious Freedom As A Collective Right, Michael D. Mcnally

BYU Law Review

No abstract provided.


Religion In Judicial Decision-Making: An Empirical Analysis, René Reyes, Jessica W. Reyes Sep 2019

Religion In Judicial Decision-Making: An Empirical Analysis, René Reyes, Jessica W. Reyes

BYU Law Review

No abstract provided.


The Case Of The Exemption Claimants: Religion, Conscience, And Identity, Steven D. Smith Sep 2019

The Case Of The Exemption Claimants: Religion, Conscience, And Identity, Steven D. Smith

BYU Law Review

No abstract provided.


Frontmatter Aug 2019

Frontmatter

Brigham Young University Journal of Public Law

No abstract provided.


A Rhetorical Revolution: The Antithesis Of The First Amendment, Eimi Priddis Yildirim Aug 2019

A Rhetorical Revolution: The Antithesis Of The First Amendment, Eimi Priddis Yildirim

Brigham Young University Journal of Public Law

No abstract provided.


Fixing Congress, Samuel A. Marcosson Aug 2019

Fixing Congress, Samuel A. Marcosson

Brigham Young University Journal of Public Law

No abstract provided.