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Articles 1 - 30 of 32993

Full-Text Articles in Law

The Byu Advocate, J. Reuben Clark Law School Oct 2018

The Byu Advocate, J. Reuben Clark Law School

The BYU Advocate (& Annual Reports)

"What impresses me is that BYU Law is putting significant effort into thinking about innovation, not just for innovation's sake, but to better prepare its students for an increasingly complex and unpredictable world." – Robert Ambrogi


A Reflection On The Recent Nigerian Legislation Against Same Sex Marriage Vis-À-Vis Rising Gay Activism In The Western World, Larry O. C. Chukwu Sep 2018

A Reflection On The Recent Nigerian Legislation Against Same Sex Marriage Vis-À-Vis Rising Gay Activism In The Western World, Larry O. C. Chukwu

Brigham Young University Journal of Public Law

The Same Sex Marriage (Prohibition) Act recently enacted by Nigeria criminalizes marriage or civil union between persons of the same sex; solemnization of same sex marriage or civil union or witnessing, aiding or abetting the same; registration, operation, membership or support of gay clubs; pub lic show of same sex amorous relationship and related matters. Each of these offences attracts a long term of imprisonment. The Act was enacted in bold defiance of threats of economic and political sanctions by the Western powers against any developing cou ntry that enacts anti - gay legislation. This paper analyzes the Act against the ...


The Universal, Inalienable Right Of The Child To The Marriage Of His Biological Parents, Patrick F. Fagan, William L. Saunders Sep 2018

The Universal, Inalienable Right Of The Child To The Marriage Of His Biological Parents, Patrick F. Fagan, William L. Saunders

Brigham Young University Journal of Public Law

No abstract provided.


The Intertwined Existence Of Families And Religion, Lynn D. Wardle Sep 2018

The Intertwined Existence Of Families And Religion, Lynn D. Wardle

Brigham Young University Journal of Public Law

No abstract provided.


Minority Entrepreneurs And Fast Failure, Jesse P. Houchens Sep 2018

Minority Entrepreneurs And Fast Failure, Jesse P. Houchens

Brigham Young University Journal of Public Law

Minority businesses now make up more than a quarter of all U.S. businesses; yet, due to discriminatory lending practices, cultural aversions to debt, and limited access to capital, these businesses continue to have higher failure rates. At the same time, m inority entrepreneurs are more likely to rely on informal lending and less likely to turn to bankruptcy for relief of debt. Doing so slows down failure for minority entrepreneurs — contra Silicon Valley’s new mantra, “fail fast” — and diminishes the minority entrepreneur’s ability to efficiently reallocate resources towards more productive ventures. In this essay, I distinguish the ...


Improving Veteran Access To Critical Care: Full Practice Authority And Nurse Anesthetists, Catherine Mumford Sep 2018

Improving Veteran Access To Critical Care: Full Practice Authority And Nurse Anesthetists, Catherine Mumford

Brigham Young University Journal of Public Law

No abstract provided.


Frontmatter Sep 2018

Frontmatter

Brigham Young University Journal of Public Law

No abstract provided.


2017-2018 Byu Law Review Masthead Sep 2018

2017-2018 Byu Law Review Masthead

BYU Law Review

No abstract provided.


Byu Law School Faculty Listing Sep 2018

Byu Law School Faculty Listing

BYU Law Review

No abstract provided.


Table Of Contents Sep 2018

Table Of Contents

BYU Law Review

No abstract provided.


Center-Left Politics And Corporate Governance: What Is The "Progressive" Agenda?, Christopher M. Bruner Sep 2018

Center-Left Politics And Corporate Governance: What Is The "Progressive" Agenda?, Christopher M. Bruner

BYU Law Review

No abstract provided.


Corpus Linguistics In The Chevron Two-Step, Jacob Crump Sep 2018

Corpus Linguistics In The Chevron Two-Step, Jacob Crump

BYU Law Review

No abstract provided.


A Fresh Start To Bankruptcy Exemptions, Gary E. Sullivan Sep 2018

A Fresh Start To Bankruptcy Exemptions, Gary E. Sullivan

BYU Law Review

Bankruptcy has broadly failed to deliver “fresh starts” to debtors. Too often, debtors return to states of financial distress following bankruptcy. Although bankruptcy delivers a clean slate through the discharge of debts, the efficacy of a fresh start depends on a second factor: property exemptions. While discharge frees a debtor from her existing debts, property exemptions determine what property the debtor retains upon exiting bankruptcy. For many debtors, insufficient and suboptimal property exemption laws undermine fresh starts. In fact, under current bankruptcy law, each state can reject federal bankruptcy exemptions by opting out. Bankrupt debtors in “opt-out” states are forced ...


The Federal Circuit's Summary Affirmance Habit, Andrew Hoffman Sep 2018

The Federal Circuit's Summary Affirmance Habit, Andrew Hoffman

BYU Law Review

The Federal Circuit is certainly unique among the circuit courts of appeals. Its exclusive jurisdiction over patents places it in a powerful position. But with that power comes a responsibility to oversee the development of the law. And in the last decade, the court has fallen short of fulfilling this obligation—particularly with regard to clarifying provisions of the America Invents Act. The court has repeatedly disregarded important questions of law by use of Rule 36 summary affirmance. Though other courts of appeals regularly use summary disposition as a means of dealing with burgeoning dockets, the Federal Circuit uses summary ...


Tensions Underlying The Indian Child Welfare Act: Tribal Jurisdiction Over Traditional State Court Family Law Matters, Elizabeth Maclachlan Sep 2018

Tensions Underlying The Indian Child Welfare Act: Tribal Jurisdiction Over Traditional State Court Family Law Matters, Elizabeth Maclachlan

BYU Law Review

State courts have historically exercised jurisdiction over family law cases. However, under the Indian Child Welfare Act (ICWA), Indian child custody and adoption cases have been taken out of state jurisdiction and placed with Indian tribal governments. State courts have pushed back against proper deference to ICWA and violate ICWA by misapplying its provisions and refusing to transfer custody and adoption cases to tribal courts. This Note analyzes the state-tribal tensions surrounding ICWA and argues that the primary reason for the lack of full state acceptance of ICWA is that, historically, states have had nearly total jurisdiction over family law ...


2017-2018 Byu Law Review Masthead Aug 2018

2017-2018 Byu Law Review Masthead

BYU Law Review

No abstract provided.


Byu Law School Faculty Listing Aug 2018

Byu Law School Faculty Listing

BYU Law Review

No abstract provided.


Table Of Contents Aug 2018

Table Of Contents

BYU Law Review

No abstract provided.


Defending Place-Based Philanthropy By Defining The Community Foundation, Roger Colinvaux Aug 2018

Defending Place-Based Philanthropy By Defining The Community Foundation, Roger Colinvaux

BYU Law Review

No abstract provided.


Working Without A Net: Supreme Court Decision-Making As Performance, Frederick Mark Gedicks Aug 2018

Working Without A Net: Supreme Court Decision-Making As Performance, Frederick Mark Gedicks

BYU Law Review

Though judges often portray themselves as helpless to alter case outcomes dictated by law, this is mostly false humility. Judges are illusionists, and their opinions sleights of hand which obscure that they participate in creating what they purport merely to apply. This is especially the case in the Supreme Court, from which there is no appeal. The Justices perform the law, and their opinions are the records of these performances.Performance theory supplies a better means of analyzing Supreme Court decisions than ubiquitous and wearisome attacks on judicial integrity. The Court has its precedents, but they have no connection to ...


Patent Nationalism And The Case For A New U.S. Patent Working Requirement, Timothy T. Lau Aug 2018

Patent Nationalism And The Case For A New U.S. Patent Working Requirement, Timothy T. Lau

BYU Law Review

A working requirement is a provision of intellectual property law that uses the threat of punishment to encourage holders to “work” their intellectual property. This Article examines the case for adding a working requirement to U.S. patent law. It explains that, given the current global trends in economic and technological development, a working requirement that increases the exposure of Americans to new technologies through the manufacture of inventions is necessary for the U.S. patent system to fulfill its constitutional purpose, specifically, “[t]o promote the Progress of Science and Useful Arts.” To that end, this Article analyzes elements ...


Per Se Economic Substance, Jesse P. Houchens Aug 2018

Per Se Economic Substance, Jesse P. Houchens

BYU Law Review

The economic substance doctrine is used by the IRS and courts to distinguish legal tax avoidance from tax evasion. More specifically, executive and judicial bodies use this doctrine to revoke statutorily compliant tax benefits that arise from transactions that lack, beyond such tax benefits, both a subjective business purpose and an objective economic effect. The most common tool for measuring the objective economic effect of a transaction is the pre-tax profit test. However, disagreement among courts and scholars applying this test has led to taxpayer uncertainty and accusations of reverse-engineered opinions. In this Comment, I reevaluate and propose an alternative ...


Leveraging Pharma To Lower Premiums: Medical Loss Ratio Regulation In The Pharmaceutical Industry, Cami R. Schiel Aug 2018

Leveraging Pharma To Lower Premiums: Medical Loss Ratio Regulation In The Pharmaceutical Industry, Cami R. Schiel

BYU Law Review

Many recognize escalating drug prices as a significant dilemma related to America’s rising healthcare costs. Yet few can agree on what to do about them. Unaffordable drug prices are a result of many complex forces. One theory to address this problem is to reduce all government intervention and let normal market forces act as they usually do to bring the goods’ prices down to consumer-friendly ranges. However, the prescription drug market is not, and perhaps never can be, a normal market. Reasons for this include (1) a lack of price transparency, (2) information and control asymmetries between patients and ...


Clark Memorandum: Spring 2018, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society Apr 2018

Frontmatter Mar 2018

Frontmatter

Brigham Young University Education and Law Journal

No abstract provided.


Thinking Outside Of The Race Boxes: A Two-Pronged Approach To Further Diversity And Decrease Bias, Samia E. Mccall Mar 2018

Thinking Outside Of The Race Boxes: A Two-Pronged Approach To Further Diversity And Decrease Bias, Samia E. Mccall

Brigham Young University Education and Law Journal

No abstract provided.


Addressing The Bullying And Harassment Of Students With Disabilities Through School Compliance To Avoid Litigation, Bryson King Mar 2018

Addressing The Bullying And Harassment Of Students With Disabilities Through School Compliance To Avoid Litigation, Bryson King

Brigham Young University Education and Law Journal

No abstract provided.


Off-Campus Sexually Harassing Expression: What Legal Standard Applies?, Martha Mccarthy Feb 2018

Off-Campus Sexually Harassing Expression: What Legal Standard Applies?, Martha Mccarthy

Brigham Young University Education and Law Journal

No abstract provided.


Frontmatter Nov 2017

Frontmatter

Brigham Young University Journal of Public Law

No abstract provided.


Has Nihilism Politicized The Supreme Court Nomination Process?, Bruce Ledewitz Nov 2017

Has Nihilism Politicized The Supreme Court Nomination Process?, Bruce Ledewitz

Brigham Young University Journal of Public Law

No abstract provided.