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Full-Text Articles in Law

The Takings Clause As A Comparative Right, John Fee Dec 2003

The Takings Clause As A Comparative Right, John Fee

Faculty Scholarship

No abstract provided.


Counselor, Gatekeeper, Shareholder, Thief: Why Attorneys Who Invest In Their Clients In A Post-Enron World Are "Selling Out," Not "Buying In,", A. Christine Hurt Dec 2003

Counselor, Gatekeeper, Shareholder, Thief: Why Attorneys Who Invest In Their Clients In A Post-Enron World Are "Selling Out," Not "Buying In,", A. Christine Hurt

Faculty Scholarship

No abstract provided.


American Offshore Business Tax Planning: Can Australian Lawyers Get A Piece Of The Action?, J Clifton Fleming, Jr. Dec 2003

American Offshore Business Tax Planning: Can Australian Lawyers Get A Piece Of The Action?, J Clifton Fleming, Jr.

Faculty Scholarship

No abstract provided.


Clark Memorandum: Fall 2003, J. Reuben Clark Law Society, J. Reuben Clark Law School Nov 2003

Clark Memorandum: Fall 2003, J. Reuben Clark Law Society, J. Reuben Clark Law School

The Clark Memorandum


Kaleidoscopic Consent Decrees: School Desegregation And Prison Reform Consent Decrees After The Prison Litigation Reform Act And Freeman-Dowell, Shima Baradaran-Robison Nov 2003

Kaleidoscopic Consent Decrees: School Desegregation And Prison Reform Consent Decrees After The Prison Litigation Reform Act And Freeman-Dowell, Shima Baradaran-Robison

BYU Law Review

No abstract provided.


Regulation By Networks, Avitai Aviram Nov 2003

Regulation By Networks, Avitai Aviram

BYU Law Review

No abstract provided.


The Shrinkwrap Snafu: Untangling The "Extra Element" In Breach Of Contract Claims Based On Shrinkwrap Licenses, Nathan Smith Nov 2003

The Shrinkwrap Snafu: Untangling The "Extra Element" In Breach Of Contract Claims Based On Shrinkwrap Licenses, Nathan Smith

BYU Law Review

No abstract provided.


Analyzing U.S. Antitrust Jurisdiction Over Foreign Parties After Empagran S.A. V. F. Hoffinan-Laroche, Ltd., Andrew Stanger Nov 2003

Analyzing U.S. Antitrust Jurisdiction Over Foreign Parties After Empagran S.A. V. F. Hoffinan-Laroche, Ltd., Andrew Stanger

BYU Law Review

No abstract provided.


Table Of Contents Nov 2003

Table Of Contents

BYU Law Review

No abstract provided.


Reforming Securities Class Actions From The Bench: Judging Fiduciaries And Fiduciary Judging, Lisa L. Casey Nov 2003

Reforming Securities Class Actions From The Bench: Judging Fiduciaries And Fiduciary Judging, Lisa L. Casey

BYU Law Review

No abstract provided.


Why Can't Discrimination Be Discrimination? Johnson V. K Mart Corp. And The Meaning Of "Discrimination" Under The Americans With Disabilities Act, Todd Prall Nov 2003

Why Can't Discrimination Be Discrimination? Johnson V. K Mart Corp. And The Meaning Of "Discrimination" Under The Americans With Disabilities Act, Todd Prall

BYU Law Review

No abstract provided.


Reservations About Retribution In Secular Society, Steven F. Huefner Sep 2003

Reservations About Retribution In Secular Society, Steven F. Huefner

BYU Law Review

No abstract provided.


Three Degrees Of Promising, Eric G. Andersen Sep 2003

Three Degrees Of Promising, Eric G. Andersen

BYU Law Review

No abstract provided.


Adams V. Florida Power Corp. And The Trend Of Lowering An Employer's Burden Of Proof To Rebut Age Discrimination Claims, Daniel K. Brough Sep 2003

Adams V. Florida Power Corp. And The Trend Of Lowering An Employer's Burden Of Proof To Rebut Age Discrimination Claims, Daniel K. Brough

BYU Law Review

No abstract provided.


Table Of Contents Sep 2003

Table Of Contents

BYU Law Review

No abstract provided.


Viewing The Criminal Sanction Through Latter-Day Saint Thought, Martin R. Gardner Sep 2003

Viewing The Criminal Sanction Through Latter-Day Saint Thought, Martin R. Gardner

BYU Law Review

No abstract provided.


James Madison, John Witherspoon, And Oliver Cowdery: The First Amendment And The 134th Section Of The Doctrine And Covenants, Rodney K. Smith Sep 2003

James Madison, John Witherspoon, And Oliver Cowdery: The First Amendment And The 134th Section Of The Doctrine And Covenants, Rodney K. Smith

BYU Law Review

No abstract provided.


The "Embarrassing" Section 134, Frederick Mark Gedicks Sep 2003

The "Embarrassing" Section 134, Frederick Mark Gedicks

BYU Law Review

No abstract provided.


The Promise And Perils Of Conscience, Steven D. Smith Sep 2003

The Promise And Perils Of Conscience, Steven D. Smith

BYU Law Review

No abstract provided.


Legal Scholarship And Membership In The Church Of Jesus Christ Of Latter-Day Saints: Have They Buried Both An Honest Man And A Law Professor In The Same Grave?, Michael K. Young Sep 2003

Legal Scholarship And Membership In The Church Of Jesus Christ Of Latter-Day Saints: Have They Buried Both An Honest Man And A Law Professor In The Same Grave?, Michael K. Young

BYU Law Review

No abstract provided.


Compounding The Countermajoritarian Difficulty Through "Plaintiff's Diplomacy": Can The International Criminal Court Provide A Solution?, John B. Fowles Sep 2003

Compounding The Countermajoritarian Difficulty Through "Plaintiff's Diplomacy": Can The International Criminal Court Provide A Solution?, John B. Fowles

BYU Law Review

No abstract provided.


Not For The Sake Of Punishment Alone: Comments On Viewing The Criminal Sanction Through Latter-Day Saint Thought, Marguerite A. Driessen Sep 2003

Not For The Sake Of Punishment Alone: Comments On Viewing The Criminal Sanction Through Latter-Day Saint Thought, Marguerite A. Driessen

BYU Law Review

No abstract provided.


Contract Law And Christian Conscience, Val D. Ricks Sep 2003

Contract Law And Christian Conscience, Val D. Ricks

BYU Law Review

No abstract provided.


Some Wrongs And (Human) Rights In The English Same-Sex Marriage Debate, John Murphy Jul 2003

Some Wrongs And (Human) Rights In The English Same-Sex Marriage Debate, John Murphy

Brigham Young University Journal of Public Law

No abstract provided.


Who Decides And What Difference Does It Make?: Defining Marriage In "Our Democratic, Federal Republic", Kevin J. Worthen Jul 2003

Who Decides And What Difference Does It Make?: Defining Marriage In "Our Democratic, Federal Republic", Kevin J. Worthen

Brigham Young University Journal of Public Law

The debate over the legality of same-sex marriage has centered largely on the substantive merits of the issue. This article does not. Instead, it seeks to draw attention to the perhaps equally important-but often overlooked-issue of the proper form and forum for resolving the substantive issue. It asks the question, if we awoke tomorrow to the newspaper headline -- "Legality of Same-Sex Marriage Decided" -- what difference would it make if the succeeding story referred to 1) a federal statute, 2) a U. S. Supreme Court decision, 3) a federal constitutional amendment, 4) a state statute, 5) a state supreme court decision ...


The Curious Case Of The Missing Legal Analysis, Lynn D. Wardle Jul 2003

The Curious Case Of The Missing Legal Analysis, Lynn D. Wardle

Brigham Young University Journal of Public Law

No abstract provided.


Transsexuals, Intersexuals And Same-Sex Marriage, Terry S. Kogan Jul 2003

Transsexuals, Intersexuals And Same-Sex Marriage, Terry S. Kogan

Brigham Young University Journal of Public Law

No abstract provided.


Traditional Marriage: Still Worth Defending, George W. Dent Jr. Jul 2003

Traditional Marriage: Still Worth Defending, George W. Dent Jr.

Brigham Young University Journal of Public Law

No abstract provided.


The Augustinian Goods Of Marriage: The Disappearing Cornerstone Of The American Law Of Marriage, Charles J. Reid Jr. Jul 2003

The Augustinian Goods Of Marriage: The Disappearing Cornerstone Of The American Law Of Marriage, Charles J. Reid Jr.

Brigham Young University Journal of Public Law

No abstract provided.


The Case Against Same-Sex Marriage In Canada: Law And Policy Considerations, Jane Adolphe Jul 2003

The Case Against Same-Sex Marriage In Canada: Law And Policy Considerations, Jane Adolphe

Brigham Young University Journal of Public Law

No abstract provided.