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2008

Brigham Young University Law School

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Full-Text Articles in Law

Target Interact Us, Llc V. Worforce Appeals Board, Department Of Worforce Services, And Jody Peterson : Reply Brief, Utah Court Of Appeals Dec 2008

Target Interact Us, Llc V. Worforce Appeals Board, Department Of Worforce Services, And Jody Peterson : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

Writ of Review from a Final Administrative Agency Decision of the Workforce Appeals Board, Utah Department of Workforce Services


State Of Utah V. Amador Santonio : Reply Brief Of Appellant, Utah Court Of Appeals Dec 2008

State Of Utah V. Amador Santonio : Reply Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

THIS APPEAL IS FROM A CONVICTION AND SUBSEQUENT SENTENCWG TO AGGRAVATED ASSAULT, A THIRD DEGREE FELONY; DISARMING A PEACE OFFICER, A FIRST DEGREE FELONY; ASSAULT ON A PEACE OFFICER, A CLASS A MISDEMEANOR, AND INTERFERING WITH LEGAL ARREST, A CLASS B. MISDEMEANOR AND WAS SENTENCED TO SERVE CONSECUTIVE TERMS OF NOT TO EXCEED FIVE YEARS ON THE THIRD DEGREE FELONY AND AN INDETERMINATE TERM OF NOT LESS THAN FIVE YEARS WHICH MAY BE FOR LIVE ON THE FIRST DEGREE FELONY AT THE UTAH STATE PRISON, IN THE FOURTH JUDICIAL DISTRICT COURT IN AND FOR UTAH COUNTY, STATE OF UTAH, THE …


Initial Public Offerings And The Failed Promise Of Disintermediation, A. Christine Hurt Dec 2008

Initial Public Offerings And The Failed Promise Of Disintermediation, A. Christine Hurt

Faculty Scholarship

No abstract provided.


Exercising Passive Personality Jurisdiction Over Combatants: A Theory In Need Of A Political Solution, Eric Talbot Jensen Dec 2008

Exercising Passive Personality Jurisdiction Over Combatants: A Theory In Need Of A Political Solution, Eric Talbot Jensen

Faculty Scholarship

On March 4, 2005, a car carrying Nicola Calipari and Andrea Carpani, members of the Italian Ministry of Intelligence, and Giuliana Sgrena, a journalist who had been taken hostage one month before and who had just been released and was on her way back to Italy, was traveling to the Baghdad Airport. The car was fired on by US forces from a checkpoint, killing Mr. Calipari and wounding Ms. Sgrena and Mr. Carpani. As a result of this tragic event, a joint investigation occurred and but Italy and the United States could not agree on the results. The United States …


The Dystopian Potential Of Corporate Law, D. Gordon Smith Dec 2008

The Dystopian Potential Of Corporate Law, D. Gordon Smith

Faculty Scholarship

The community of corporate law scholars in the United States is fragmented. One group, heavily influenced by economic analysis of corporations, is exploring the merits of increasing shareholder power vis-a-vis directors. Another group, animated by concern for social justice, is challenging the traditional, shareholder-centric view of corporate law, arguing instead for a model of stakeholder governance. The current disagreement within corporate law is as fundamental as in any area of law, and the debate is more heated than at any time since the New Deal. This paper is part of a debate on the audacious question, Can Corporate Law Save …


The Undercivilization Of Corporate Law, A. Christine Hurt Dec 2008

The Undercivilization Of Corporate Law, A. Christine Hurt

Faculty Scholarship

No abstract provided.


Untying The Gordian Knot: A Proposal For Determining Applicability Of The Laws Of War To The War On Terror, Geoffery S. Corn, Eric Talbot Jensen Dec 2008

Untying The Gordian Knot: A Proposal For Determining Applicability Of The Laws Of War To The War On Terror, Geoffery S. Corn, Eric Talbot Jensen

Faculty Scholarship

No abstract provided.


Reinvigorating Tax Expenditure Analysis And Its International Dimension, J. Clifton Fleming Jr., Robert J. Peroni Dec 2008

Reinvigorating Tax Expenditure Analysis And Its International Dimension, J. Clifton Fleming Jr., Robert J. Peroni

Faculty Scholarship

Tax expenditure analysis (TEA) was rigorously criticized from its inception and continues to draw negative reviews. Notwithstanding this criticism, the Congressional Budget and Impoundment Control Act of 1974 requires the President's annual budget submission to contain a list of tax expenditures, and Congress's Joint Committee on Taxation has produced its own tax expenditure list each year since 1972. Although TEA has not restrained or reversed the growth of tax expenditures, TEA continues to play a major role in tax policy debates to the chagrin of its detractors. The persistence of TEA in a hostile environment suggests that it has meaningful …


Financial Services In The United States And United Kingdom: Comparative Approaches To Securities Regulation And Dispute Resolution, Cory Alpert Dec 2008

Financial Services In The United States And United Kingdom: Comparative Approaches To Securities Regulation And Dispute Resolution, Cory Alpert

Brigham Young University International Law & Management Review

No abstract provided.


Hedge Funds: The Case Against Increased Global Regulation In Light Of The Subprime Mortgate Crisis, Laszlo Ladi Dec 2008

Hedge Funds: The Case Against Increased Global Regulation In Light Of The Subprime Mortgate Crisis, Laszlo Ladi

Brigham Young University International Law & Management Review

No abstract provided.


The Role Of Private Sector Investment In International Microfinance And The Implications Of Domestic Regulatory Environments, William Langer Dec 2008

The Role Of Private Sector Investment In International Microfinance And The Implications Of Domestic Regulatory Environments, William Langer

Brigham Young University International Law & Management Review

No abstract provided.


The False Panacea Of International Agreements For U.S. Regulation Of Sovereign Wealth Funds, David A. Hall Dec 2008

The False Panacea Of International Agreements For U.S. Regulation Of Sovereign Wealth Funds, David A. Hall

Brigham Young University International Law & Management Review

No abstract provided.


International Data Privacy Lawws And The Protectors Of Privacy, Ilmr Editors Dec 2008

International Data Privacy Lawws And The Protectors Of Privacy, Ilmr Editors

Brigham Young University International Law & Management Review

No abstract provided.


Interstate Pluralism: The Role Of Federalism In The Same-Sex Marriage Debate, Jeffrey L. Rensberger Dec 2008

Interstate Pluralism: The Role Of Federalism In The Same-Sex Marriage Debate, Jeffrey L. Rensberger

BYU Law Review

No abstract provided.


From Slavery To Same-Sex Marriage: Comity Versus Public Policy In Inter-Jurisdictional Recognition Of Controversial Domestic Relations, Lynn D. Wardle Dec 2008

From Slavery To Same-Sex Marriage: Comity Versus Public Policy In Inter-Jurisdictional Recognition Of Controversial Domestic Relations, Lynn D. Wardle

BYU Law Review

Recognition across state and national borders of controversial forms of domestic relationships have existed throughout the history of conflict of laws, creating tension between two important principles: respect for comity and protection of valued domestic public policies. Drawing upon several examples, and particularly the history of international and intrastate recognition of slavery (a “domestic relationship”) in Anglo-American history, the article shows that despite the comity-based presumption of respect for legal status created in other jurisdictions, when strong public policies protective of domestic relations and status have been implicated, American states consistently have declined to give interstate recognition to those controversial …


Table Of Contents Dec 2008

Table Of Contents

BYU Law Review

No abstract provided.


The Coming Collision: Romer And State Defense Of Marriage Acts, Patrick J. Borchers Dec 2008

The Coming Collision: Romer And State Defense Of Marriage Acts, Patrick J. Borchers

BYU Law Review

No abstract provided.


Abortion Across State Lines, Joseph W. Dellapenna Dec 2008

Abortion Across State Lines, Joseph W. Dellapenna

BYU Law Review

No abstract provided.


Interstate Recognition Of Adoptions: On Jurisdiction, Full Faith And Credit, And The Kinds Of Challenges The Future May Bring, Mark Strasser Dec 2008

Interstate Recognition Of Adoptions: On Jurisdiction, Full Faith And Credit, And The Kinds Of Challenges The Future May Bring, Mark Strasser

BYU Law Review

No abstract provided.


Situating Emotion: A Critical Realist View Of Emotion And Nonconscious Cognitive Processes For Law And Legal Theory, David J. Arkush Dec 2008

Situating Emotion: A Critical Realist View Of Emotion And Nonconscious Cognitive Processes For Law And Legal Theory, David J. Arkush

BYU Law Review

No abstract provided.


Is A Strip Club More Harmful Than A Dirty Bookstore? Navigating A Circuit Split In Municipal Regulation Of Sexually Oriented Businesses, Brigman L. Harman Dec 2008

Is A Strip Club More Harmful Than A Dirty Bookstore? Navigating A Circuit Split In Municipal Regulation Of Sexually Oriented Businesses, Brigman L. Harman

BYU Law Review

No abstract provided.


How The United States Government Sacrifices Athletes' Constitutional Rights In The Pursuit Of National Prestige, Dionne L. Koller Dec 2008

How The United States Government Sacrifices Athletes' Constitutional Rights In The Pursuit Of National Prestige, Dionne L. Koller

BYU Law Review

No abstract provided.


Table Of Contents Dec 2008

Table Of Contents

BYU Law Review

No abstract provided.


The Social Psychology Of Evil: Can The Law Prevent Groups From Making Good People Go Bad?, David Crump Dec 2008

The Social Psychology Of Evil: Can The Law Prevent Groups From Making Good People Go Bad?, David Crump

BYU Law Review

No abstract provided.


Extremism In The Electoral Arena: Challenging The Myth Of American Exceptionalism, Gur Bligh Dec 2008

Extremism In The Electoral Arena: Challenging The Myth Of American Exceptionalism, Gur Bligh

BYU Law Review

No abstract provided.


Shibboleths And Ceballos. Eroding Constitutional Rights Through Pseudocommunication, Susan Stuart Dec 2008

Shibboleths And Ceballos. Eroding Constitutional Rights Through Pseudocommunication, Susan Stuart

BYU Law Review

No abstract provided.


Clark Memorandum: Fall 2008, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School Nov 2008

Clark Memorandum: Fall 2008, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School

The Clark Memorandum


Rockwell International, Pondcrete, And An A La Carte Three-Step Test For Determining An "Original Source" In Qui Tam Lawsuits, Matthew Lund Nov 2008

Rockwell International, Pondcrete, And An A La Carte Three-Step Test For Determining An "Original Source" In Qui Tam Lawsuits, Matthew Lund

BYU Law Review

No abstract provided.


Rluipa And Eminent Domain: Probing The Boundaries Of Religious Land Use Protection, Matthew Baker Nov 2008

Rluipa And Eminent Domain: Probing The Boundaries Of Religious Land Use Protection, Matthew Baker

BYU Law Review

No abstract provided.


Trouble For Private Enforcement Of The Sherman Act: Twombly, Pleading Standards, And The Oligopoly Problem, Lee Goldman Nov 2008

Trouble For Private Enforcement Of The Sherman Act: Twombly, Pleading Standards, And The Oligopoly Problem, Lee Goldman

BYU Law Review

No abstract provided.