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Full-Text Articles in Law

Toward A New Theory Of The Shareholder Role: A Sacred Space In Corporate Transactions, Robert B. Thompson, D. Gordon Smith Dec 2001

Toward A New Theory Of The Shareholder Role: A Sacred Space In Corporate Transactions, Robert B. Thompson, D. Gordon Smith

Faculty Scholarship

Corporate law expresses a profound ambiguity toward the role of shareholders. Courts announce that shareholders are critical to the theory that legitimates the exercise of power - by directors and officers over vast aggregations of property that they do not own. At the same time shareholders have a very difficult time actually making any corporate decisions. In this Article, we strive to define a new role for shareholders by drawing on economic theories of the firm and the structure of corporate law. More particularly we examine the role of shareholders in hostile corporate takeovers, the area where the interests of …


Liability Of Broker-Dealers For Unsuitable Recommendations To Institutional Investors, Norman S. Poser Nov 2001

Liability Of Broker-Dealers For Unsuitable Recommendations To Institutional Investors, Norman S. Poser

BYU Law Review

No abstract provided.


The Law Of Presidential Transitions And The 2000 Election, Todd J. Zjwicki Nov 2001

The Law Of Presidential Transitions And The 2000 Election, Todd J. Zjwicki

BYU Law Review

No abstract provided.


Distributing Products Under The Nonprofit Institutions Act: Pricc Discrimination, Arbitrage, And Fraud In The Pharmaceutical Industry, Dennis S. Corgill Nov 2001

Distributing Products Under The Nonprofit Institutions Act: Pricc Discrimination, Arbitrage, And Fraud In The Pharmaceutical Industry, Dennis S. Corgill

BYU Law Review

No abstract provided.


Table Of Contents Nov 2001

Table Of Contents

BYU Law Review

No abstract provided.


Abridging The Freedom Of Non-English Speech: English-Only Legislation And The Free Speech Rights Of Government Employees, Margaret Robertson Nov 2001

Abridging The Freedom Of Non-English Speech: English-Only Legislation And The Free Speech Rights Of Government Employees, Margaret Robertson

BYU Law Review

No abstract provided.


Clark Memorandum: Fall 2001, J. Reuben Clark Law Society, J. Reuben Clark Law School Oct 2001

Clark Memorandum: Fall 2001, J. Reuben Clark Law Society, J. Reuben Clark Law School

The Clark Memorandum


Single-Sex "Marriage": The Role Of The Courts, Lino A. Graglia Sep 2001

Single-Sex "Marriage": The Role Of The Courts, Lino A. Graglia

BYU Law Review

No abstract provided.


Competing Approaches To Same-Sex Versus Opposite-Sex, Unmarried Couples In Domestic Partnership Laws And Ordinances, Terry S. Kogan Sep 2001

Competing Approaches To Same-Sex Versus Opposite-Sex, Unmarried Couples In Domestic Partnership Laws And Ordinances, Terry S. Kogan

BYU Law Review

No abstract provided.


Balancing "Parents Are" And "Parents Do" In The Supreme Court's Constitutionalized Family Law: Some Implications For The Ali Proposals On De Facto Parenthood, David M. Wagner Sep 2001

Balancing "Parents Are" And "Parents Do" In The Supreme Court's Constitutionalized Family Law: Some Implications For The Ali Proposals On De Facto Parenthood, David M. Wagner

BYU Law Review

No abstract provided.


The Sixth Circuit Dropped The Ball: An Analysis Of Brentwood Academy V. Tennessee Secondary School Athletic Ass'n In Light Of The Supreme Court's Recent Trends In State Action Jurisprudence, Josiah N. Drew Sep 2001

The Sixth Circuit Dropped The Ball: An Analysis Of Brentwood Academy V. Tennessee Secondary School Athletic Ass'n In Light Of The Supreme Court's Recent Trends In State Action Jurisprudence, Josiah N. Drew

BYU Law Review

No abstract provided.


A Weighty Issue: Will Pharmacists Survive The Fen-Phen Feeding Frenzy? Kohl V. American Home Products Corporation And A Pharmacist's Duty To Warn Of The Dangers Of Prescription Drugs, Karina Fox Sep 2001

A Weighty Issue: Will Pharmacists Survive The Fen-Phen Feeding Frenzy? Kohl V. American Home Products Corporation And A Pharmacist's Duty To Warn Of The Dangers Of Prescription Drugs, Karina Fox

BYU Law Review

No abstract provided.


A Nonfeminist's Perspectives Of Mothers And Homemakers Under Chapter 2 Of The Ali Principles Of The Law Of Family Dissolution, F. Carolyn Graglia Sep 2001

A Nonfeminist's Perspectives Of Mothers And Homemakers Under Chapter 2 Of The Ali Principles Of The Law Of Family Dissolution, F. Carolyn Graglia

BYU Law Review

No abstract provided.


Introduction To The Symposium On The American Law Institute's Principles Of The Law Of Family Dissolution, Lynn D. Wardle Sep 2001

Introduction To The Symposium On The American Law Institute's Principles Of The Law Of Family Dissolution, Lynn D. Wardle

BYU Law Review

No abstract provided.


A Small Step Forward: The Ali Domestic Partners Recommendation, Mark Strasser Sep 2001

A Small Step Forward: The Ali Domestic Partners Recommendation, Mark Strasser

BYU Law Review

No abstract provided.


Toward A Unified Field Theory Of The Family: The American Law Institute's Principles Of The Law Of Family Dissolution, James Herbie Difonzo Sep 2001

Toward A Unified Field Theory Of The Family: The American Law Institute's Principles Of The Law Of Family Dissolution, James Herbie Difonzo

BYU Law Review

No abstract provided.


Learning From The Process Of Decision: The Parenting Plan, Francis J. Catania Jr. Sep 2001

Learning From The Process Of Decision: The Parenting Plan, Francis J. Catania Jr.

BYU Law Review

No abstract provided.


Domestic Partnership Laws In The United States: A Review And Critique, William C. Duncan Sep 2001

Domestic Partnership Laws In The United States: A Review And Critique, William C. Duncan

BYU Law Review

No abstract provided.


Resolving Relocation Issues Pursuant To The Ali Family Dissolution Principles: Are Children Better Protected?, Janet Leach Richards Sep 2001

Resolving Relocation Issues Pursuant To The Ali Family Dissolution Principles: Are Children Better Protected?, Janet Leach Richards

BYU Law Review

No abstract provided.


The New "Extended Family"-"De Facto" Parenthood And Standing Under Chapter 2, Gregogy A. Loken Sep 2001

The New "Extended Family"-"De Facto" Parenthood And Standing Under Chapter 2, Gregogy A. Loken

BYU Law Review

No abstract provided.


What Constitutional Law Can Learn From The Ali Principles Of Family Dissolution, David D. Meyer Sep 2001

What Constitutional Law Can Learn From The Ali Principles Of Family Dissolution, David D. Meyer

BYU Law Review

No abstract provided.


Deconstructing Family: A Critique Of The American Law Institute's "Domestic Partners" Proposal, Lynn D. Wardle Sep 2001

Deconstructing Family: A Critique Of The American Law Institute's "Domestic Partners" Proposal, Lynn D. Wardle

BYU Law Review

In promulgating the Principles of the Law of Family Dissolution: Analysis and Recommendations ("Family Dissolution Principles"), the American Law Institute (ALI) proposes an extensive set of new rules to apply in proceedings relating to family dissolution. One of the major policy changes in family law proposed by the Family Dissolution Principles is the expansion of the scope of relationships that are treated as family relations. Many relationships that in the past have been called "alternative relationships" (alternative to family relationships) are treated in the ALI Principles as equal to and given the same legal protections, benefits, rights, and remedies as …


Exporting And Importing Domestic Partnerships: Some Conflict-Of-Laws Questions And Concerns, Ralph U. Whitten Sep 2001

Exporting And Importing Domestic Partnerships: Some Conflict-Of-Laws Questions And Concerns, Ralph U. Whitten

BYU Law Review

This article is about conflicts of laws questions relating to domestic partnerships. The article points out that since there will be states that recognize domestic partnerships because the American Law Institute has expressed approval of domestic partnerships, there will be conflict of laws problems if not all states recognize it. The purpose of this article is to describe some of the conflicts issues that arise when parties to domestic partnerships have, or develop, contacts with more than one state. The article does so by explaining the two broad areas in which these conflicts will arise and by showing that there …


Protecting Against International Infringements In The Digital Age Using United States Copyright Law: A Critical Analysis Of The Current State Of The Law, Brandon Dalling Sep 2001

Protecting Against International Infringements In The Digital Age Using United States Copyright Law: A Critical Analysis Of The Current State Of The Law, Brandon Dalling

BYU Law Review

No abstract provided.


The Likely Impact Of The Ali Principles Of The Law Of Family Dissolution On Property Division, Craig W. Dallon Sep 2001

The Likely Impact Of The Ali Principles Of The Law Of Family Dissolution On Property Division, Craig W. Dallon

BYU Law Review

No abstract provided.


Table Of Contents Sep 2001

Table Of Contents

BYU Law Review

No abstract provided.


Freedom Of Or Freedom From Religion? An Overview Of Issues Pertinent To The Constitutional Protection Of Religious Rights And Freedom In "The New South Africa", Lourens Du Plessis May 2001

Freedom Of Or Freedom From Religion? An Overview Of Issues Pertinent To The Constitutional Protection Of Religious Rights And Freedom In "The New South Africa", Lourens Du Plessis

BYU Law Review

No abstract provided.


Religious Freedom: Russian Constitutional Principles-Historical And Contemporary, Nikolas K. Gvosdev May 2001

Religious Freedom: Russian Constitutional Principles-Historical And Contemporary, Nikolas K. Gvosdev

BYU Law Review

No abstract provided.


An Attempt At Modernization: The New Bulgarian Legislation In The Field Of Religious Freedom, Atanas Krussteff May 2001

An Attempt At Modernization: The New Bulgarian Legislation In The Field Of Religious Freedom, Atanas Krussteff

BYU Law Review

No abstract provided.


Religious Pluralism: Problems And Prospects, J. Gordon Melton May 2001

Religious Pluralism: Problems And Prospects, J. Gordon Melton

BYU Law Review

No abstract provided.