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Brigham Young University Law School

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Articles 1 - 30 of 10536

Full-Text Articles in Law

Clark Memorandum: Fall 2017, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society Oct 2017

Clark Memorandum: Fall 2017, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society

The Clark Memorandum


Utah Marriage And Divorce Laws, Stephen Elmo Averett, Kory Staheli Jul 2017

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


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


Functional Behavioral Assessments And Behavioral Intervention Plans: Review Of The Law And Recent Cases, Cynthia A. Dieterich, Nicole D. Snyder, Christine J. Villani Jun 2017

Functional Behavioral Assessments And Behavioral Intervention Plans: Review Of The Law And Recent Cases, Cynthia A. Dieterich, Nicole D. Snyder, Christine J. Villani

Brigham Young University Education and Law Journal

No abstract provided.


To Solve It Aright: Rerum Novarum And New Jersey's Answer To Catholic Bishop Of Chicago, Daniel T. Paxton Jun 2017

To Solve It Aright: Rerum Novarum And New Jersey's Answer To Catholic Bishop Of Chicago, Daniel T. Paxton

Brigham Young University Education and Law Journal

No abstract provided.


Rethinking Religious Exemptions From Title Ix After Obergefell, Cara Duchene Jun 2017

Rethinking Religious Exemptions From Title Ix After Obergefell, Cara Duchene

Brigham Young University Education and Law Journal

No abstract provided.


Regaining Trust In Nonprofilt Charter Schools: Toward Benefit Corporation Branding For For-Profit Education Management Organizations, James Eastman Jun 2017

Regaining Trust In Nonprofilt Charter Schools: Toward Benefit Corporation Branding For For-Profit Education Management Organizations, James Eastman

Brigham Young University Education and Law Journal

No abstract provided.


Avoiding Deliberation: Why The "Safe Space" Campus Cannot Comport With Deliberative Democracy, Nicholas A. Schroeder Jun 2017

Avoiding Deliberation: Why The "Safe Space" Campus Cannot Comport With Deliberative Democracy, Nicholas A. Schroeder

Brigham Young University Education and Law Journal

No abstract provided.


Clark Memorandum: Spring 2017, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society Of The J. Reuben Clark Law School Apr 2017

Clark Memorandum: Spring 2017, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society Of The J. Reuben Clark Law School

The Clark Memorandum


Frontmatter Apr 2017

Frontmatter

Brigham Young University Education and Law Journal

No abstract provided.


Addressing Conflicts Of Interest In The Context Of Campus Sexual Violence, Talcott J. Franklin, Dennis C. Taylor, Ann Beytagh Apr 2017

Addressing Conflicts Of Interest In The Context Of Campus Sexual Violence, Talcott J. Franklin, Dennis C. Taylor, Ann Beytagh

Brigham Young University Education and Law Journal

No abstract provided.


Safe At Home: Establishing A Fundamental Right To Homeschooling, Billy Gage Raley Apr 2017

Safe At Home: Establishing A Fundamental Right To Homeschooling, Billy Gage Raley

Brigham Young University Education and Law Journal

No abstract provided.


Burning Out: The Effect Of Burnout On Special Education, Jordan Radford Mcdowell Apr 2017

Burning Out: The Effect Of Burnout On Special Education, Jordan Radford Mcdowell

Brigham Young University Education and Law Journal

No abstract provided.


Dangerous Classroom "App"-Titude: Protecting Student Privacy From Third-Party Educational Service Providers, Alexis M. Peddy Apr 2017

Dangerous Classroom "App"-Titude: Protecting Student Privacy From Third-Party Educational Service Providers, Alexis M. Peddy

Brigham Young University Education and Law Journal

No abstract provided.


Beacon Or Bludgeon? Use Of Regulatory Guidance By The Office For Civil Rights, Stephen S. Worthington Apr 2017

Beacon Or Bludgeon? Use Of Regulatory Guidance By The Office For Civil Rights, Stephen S. Worthington

Brigham Young University Education and Law Journal

No abstract provided.


How The Constitution Shall Not Be Construed, Lochlan F. Shelfer Mar 2017

How The Constitution Shall Not Be Construed, Lochlan F. Shelfer

BYU Law Review

The dominant historical narrative of the Ninth Amendment views the Clause as an exclusively “Federalist” provision with one purpose: to protect against the fear among Federalists that the very enumeration of any rights in a Constitution would imply that the universe of unenumerated natural rights was left unprotected, or that federal power would be expanded by implication.

This narrative of the Ninth Amendment, however, is incomplete in that it ignores the Clause’s Anti-Federalist side. This Article argues that the Ninth Amendment was proposed and ratified partly in response to the Anti-Federalist fear that particular rights-guaranteeing provisions of the Constitution ...


An Originalist Defense Of Plyler V. Doe, Steven G. Calabresi, Lena M. Barsky Mar 2017

An Originalist Defense Of Plyler V. Doe, Steven G. Calabresi, Lena M. Barsky

BYU Law Review

This Article offers a defense of the Supreme Court’s opinion in Plyler v. Doe based on the original public meaning of the Fourteenth Amendment when it was enacted in 1868. We argue that at that time, the Fourteenth Amendment granted certain rights, such as life, liberty, and possession of personal property, to immigrants under the Equal Protection and Due Process Clauses, but did not grant them the privileges and immunities of citizenship (e.g. all civil rights and the political right to vote). We also argue that public education is a right of all persons protected by the Due ...


Boundary Dispute: The Presumption Against Extraterritoriality As Judicial Nondelegation, Luke Bell Mar 2017

Boundary Dispute: The Presumption Against Extraterritoriality As Judicial Nondelegation, Luke Bell

BYU Law Review

No abstract provided.


#Ordinarymeaning: Using Twitter As A Corpus In Statutory Analysis, Lauren Simpson Mar 2017

#Ordinarymeaning: Using Twitter As A Corpus In Statutory Analysis, Lauren Simpson

BYU Law Review

No abstract provided.


Noncitizen Youth In The Juvenile Justice System: The Serious Consequences Of Failed Confidentiality By Ice Referral, Erin Mower Adams Mar 2017

Noncitizen Youth In The Juvenile Justice System: The Serious Consequences Of Failed Confidentiality By Ice Referral, Erin Mower Adams

BYU Law Review

No abstract provided.


Ceo Side Payments In Mergers And Acquisitions, Brian Broughman Feb 2017

Ceo Side Payments In Mergers And Acquisitions, Brian Broughman

BYU Law Review

In addition to golden parachutes, CEOs often negotiate for personal side payments in connection with the sale of their firms. Side payments differ from golden parachutes in that they are negotiated ex post in connection with a specific acquisition proposal, whereas golden parachutes are part of the executive’s employment agreement negotiated when she is hired. While side payments may benefit shareholders by countering managerial resistance to an efficient sale, they can also be used to redistribute merger proceeds to management. This Article highlights an overlooked distinction between pre-merger golden parachutes and merger side payments. Similar to a legislative rider ...


Undressing Naked Economic Protectionism, Rational Basis Review, And Fourteenth Amendment Equal Protection, Robert M. Ahlander Feb 2017

Undressing Naked Economic Protectionism, Rational Basis Review, And Fourteenth Amendment Equal Protection, Robert M. Ahlander

BYU Law Review

No abstract provided.


The Courts And Foreign Affairs At The Founding, Kevin Arlyck Feb 2017

The Courts And Foreign Affairs At The Founding, Kevin Arlyck

BYU Law Review

No abstract provided.


Commoditized Speech, “Bargain Fairness,” And The First Amendment, Andrew Tutt Feb 2017

Commoditized Speech, “Bargain Fairness,” And The First Amendment, Andrew Tutt

BYU Law Review

No abstract provided.


Juvenile Miranda Waivers: A Reasonable Alternative To The Totality Of The Circumstances Approach, Jean Pierce Feb 2017

Juvenile Miranda Waivers: A Reasonable Alternative To The Totality Of The Circumstances Approach, Jean Pierce

BYU Law Review

No abstract provided.


Competitiveness, Tax Base Erosion, And The Essential Dilemma Of Corporate Tax Reform, Kimberly A. Clausing Dec 2016

Competitiveness, Tax Base Erosion, And The Essential Dilemma Of Corporate Tax Reform, Kimberly A. Clausing

BYU Law Review

Label contradicts reality for the U.S. international corporate tax system. The U.S. system is typically labeled as a worldwide tax system with a statutory rate of 35%, both uncommon features among our trading partners. Yet these markers of the U.S. tax system do not accurately describe reality, where multinational firms routinely face far lower effective tax rates and little, if any, tax is collected on foreign income. Understanding this discrepancy between label and reality is essential to evaluate recent policy debates surrounding corporate inversions and the competitiveness of the U.S. international tax system. Although there is ...


Beps And The New International Tax Order, Allison Christians Dec 2016

Beps And The New International Tax Order, Allison Christians

BYU Law Review

Nations across the world are currently engaged in a coordinated international effort, ostensibly to curb excessive tax avoidance by the world’s biggest multinational companies. This Article contends, however, that the most likely impact will be to entrench a monopoly held by a small number of rich countries over the policymaking processes that created the tax avoidance problem to begin with. To examine this contention and probe possible solutions to it, the Article considers the legal and institutional components of the coordination project, by situating them historically and analyzing their multi-functionality as both norm diffusion and institutional reinforcement mechanisms. The ...


Defending Worldwide Taxation With A Shareholder-Based Definition Of Corporate Residence, J. Clifton Fleming Jr., Robert J. Peroni, Stephen E. Shay Dec 2016

Defending Worldwide Taxation With A Shareholder-Based Definition Of Corporate Residence, J. Clifton Fleming Jr., Robert J. Peroni, Stephen E. Shay

BYU Law Review

This Article argues that a principled, efficient, and practical definition of corporate residence is necessary even if some form of corporate integration is adopted, and that such a definition is a key element in designing either a real worldwide or a territorial income tax system as well as a potential restraint on the inversion phenomenon. The Article proposes that the United States adopt a shareholder-based definition of corporate residence that is structured as follows: 1. A foreign corporation is a U.S. tax resident for any year if fifty percent or more of its shares, determined by vote or value ...


The Other Eighty Percent: Private Investment Funds, International Tax Avoidance, And Tax-Exempt Investors, Omri Marian Dec 2016

The Other Eighty Percent: Private Investment Funds, International Tax Avoidance, And Tax-Exempt Investors, Omri Marian

BYU Law Review

The taxation of private equity managers’ share of funds’ profits—the twenty percent “carried interest”—received much attention in academic literature and popular discourse. Much has been said and written about the fact that fund managers’ profits are taxed at preferred rates. But what about the other eighty percent of funds’ profits? This Article theorizes that the bulk of such profits are never taxed. This is a result of a combination of three factors: First, private equity, venture capital, and hedge funds (collectively, Private Investment Funds, or “PIFs”) are major actors in cross-border investment activity. This enables PIFs to take ...


Developing Countries In An Age Of Transparency And Disclosure, Diane Ring Dec 2016

Developing Countries In An Age Of Transparency And Disclosure, Diane Ring

BYU Law Review

No abstract provided.


Inversions, Related Party Expenditures, And Source Taxation: Changing The Paradigm For The Taxation Of Foreign And Foreign-Owned Businesses, Julie A. Roin Dec 2016

Inversions, Related Party Expenditures, And Source Taxation: Changing The Paradigm For The Taxation Of Foreign And Foreign-Owned Businesses, Julie A. Roin

BYU Law Review

The disconnect between the rules for the taxation of domestic businesses and foreign and foreign-owned businesses operating in the United States both diminishes the federal treasury and distorts taxpayer and business behavior. Yet bringing the sets of rules into closer coordination is no simple task. This Article examines many of the solutions proffered in the academic literature and details the difficulties and trade-offs that each entails.