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Articles 2311 - 2340 of 30772
Full-Text Articles in Entire DC Network
Government Disapproval Of Religion, Jay Wexler
Government Disapproval Of Religion, Jay Wexler
BYU Law Review
The Supreme Court's "endorsement test" for evaluating the constitutionality of government sponsored symbols, displays, and messages regarding religion is notoriously controversial and has engendered enormous scholarly attention. In addition to government "endorsement" of religion, however, the test also prohibits the government from sending a message of "disapproval" of religion. The disapproval side of the endorsement test has not been subject to almost any scholarly discussion, which is not surprising given that until recently the courts have had no reason to entertain, much less sustain, challenges to alleged government disapproval of religion. In the last few years, however, due to a …
The End Of Shareholder Litigation? Allowing Shareholders To Customize Enforcement Through Arbitration Provisions In Charters And Bylaws, Paul Weitzel
BYU Law Review
Shareholder litigation has been heavily criticized for its inability to compensate harmed shareholders or deter managerial misconduct. While some have suggested abolishing shareholder litigation altogether, this Article takes a more moderate approach. I propose allowing shareholders to enforce charter and bylaw provisions that require arbitration of certain disputes. For example, an acquisitive company may require arbitration of merger-related suits while allowing non-merger suits to proceed in court. Likewise, a company in an industry known for volatile stock prices could require a price drop of three or four standard deviations before the suit could be brought in court, rather than arbitration. …
Walking A Thin Blue Line: Balancing The Citizen's Right To Record Police Officers Against Officer Privacy, Rebecca G. Van Tassell
Walking A Thin Blue Line: Balancing The Citizen's Right To Record Police Officers Against Officer Privacy, Rebecca G. Van Tassell
BYU Law Review
No abstract provided.
Becoming A Fruitful Tree: Christ And The Limits Of Legal Thinking, Elizabeth A. Clark
Becoming A Fruitful Tree: Christ And The Limits Of Legal Thinking, Elizabeth A. Clark
Vol. 3: Religious Conviction
This essay is adapted from a Spirit of the Law address given at BYU Law School on March 5, 2002.
Lock In: Loved Ones And Lawyers, Robert M. Daines
Lock In: Loved Ones And Lawyers, Robert M. Daines
Vol. 3: Religious Conviction
This convocation address was given at Stanford Law School on June 16, 2012.
Volume Three: Religious Conviction
The 21st Century As The Century Of Duties?, John W. Welch
The 21st Century As The Century Of Duties?, John W. Welch
Vol. 3: Religious Conviction
This address was given at the J. Reuben Clark Law Society Conference at Stanford University on February 16, 2012.
To Them Of The Last Wagon, J. Reuben Clark Jr.
To Them Of The Last Wagon, J. Reuben Clark Jr.
Vol. 3: Religious Conviction
This address was given at the 118th semiannual general conference of The Church of Jesus Christ of Latter-day Saints in Salt Lake City on October 5, 1947. Reprinted with permission from the Ensign, July 1997, 34–39.
Law And Becoming, D. Todd Christofferson
Law And Becoming, D. Todd Christofferson
Vol. 3: Religious Conviction
This satellite fireside address was given to the J. Reuben Clark Law Society at the Conference Center Little Theater in Salt Lake City on February 4, 2011.
Musings Of A Small-Town Lawyer, Steven E. Snow
Musings Of A Small-Town Lawyer, Steven E. Snow
Vol. 3: Religious Conviction
This Honored Alumni Lecture was given at BYU Law School on October 18, 2011.
Liberty, Civility, And Professionalism, Ming W. Chin
Liberty, Civility, And Professionalism, Ming W. Chin
Vol. 3: Religious Conviction
This address was given at the Orrin G. Hatch Distinguished Trial Lawyer Lecture Series at BYU Law School on November 7, 2008.
Latter-Day Saint Lawyers And The Public Square, Quentin L. Cook
Latter-Day Saint Lawyers And The Public Square, Quentin L. Cook
Vol. 3: Religious Conviction
This satellite fireside address was given to the J. Reuben Clark Law Society at the Conference Center Little Theater in Salt Lake City on March 13, 2009.
Ambiguity In Law And In Life, Bruce C. Hafen
Ambiguity In Law And In Life, Bruce C. Hafen
Vol. 3: Religious Conviction
This address was given at BYU Law School on October 21, 2010. Adapted from The Broken Heart: Applying the Atonement to Life’s Experiences, expanded edition (2008), 211–226.
The Heart Of Lawyering: Clients, Empathy, And Compassion, Kristin B. Gerdy
The Heart Of Lawyering: Clients, Empathy, And Compassion, Kristin B. Gerdy
Vol. 3: Religious Conviction
Adapted from “Clients, Empathy, and Compassion: Introducing First-Year Students to the ‘Heart’ of Lawyering,” Nebraska Law Review 87 (2008): 1–61.
A Law Upon Which All Blessings Are Predicated, David A. Thomas
A Law Upon Which All Blessings Are Predicated, David A. Thomas
Vol. 3: Religious Conviction
This devotional address was given to the BYU student body on June 3, 2008.
Preserving Religious Freedom, Dallin H. Oaks
Preserving Religious Freedom, Dallin H. Oaks
Vol. 3: Religious Conviction
This address was given at Chapman University School of Law in Orange, California, on February 4, 2011.
Kareena Macgregor , Plaintiff/Appellant V. Gregory R. Smith , An Individual; Matthew Jaroscak , An Individual; David Jaroscak, An Individual; Paul Jaroscak, An Individual ; Deborah Jaroscak , An Individual; Douglas Walker , Individually And In Official Capacity As Bisho Of The Willow Canyon 4th Ward, Sandy Utah East Stake Of The Church Of Jesus Christ Of Latter-Day Saints; Corporation Of The President Of The Church Of Jesus Christ Of Latter-Day Saints , A Utah Corporation Sole; Holbrook Funeral Chapel Inc., A Utah Corporation; And John And Jane Does I Through Defendants/ Appellees : Appellant's Reply Brief
Utah Supreme Court Briefs (1965 –)
On Appeal from the Third Judicial District Court, Salt Lake County, State of Utah
Christopher Carlton, Petitioner/ Appellant, Shalanda Brown, And The Adoption Center Of Choice, Inc., Respondents/ Appellees : Brief Of Appellant Christopher Carlton
Utah Supreme Court Briefs (1965 –)
APPEAL FROM ORDER GRANTING RESPONDENT THE ADOPTION CENTER OF CHOICE, INC. MOTION TO DISMISS, DENYING PETITIONER'S MOTION FOR RULE 56(f) CONTINUANCE, AND DENYING PETITIONER'S MOTION FOR LEAVE TO FILE SECOND AMENDED PETITION
Legacy Resources, Inc., A Utah Corporation,Appellant V. Liberty Pioneer Energy Source, Inc., A Utah Corporation, Daniel R. Gunnell, An Individual, Kimball E. Hodges, An Individual : Replacement Appellees' Brief
Utah Supreme Court Briefs (1965 –)
APPEAL FROM FINAL ORDER OF THE FOURTH DISTRICT COURT THE HONORABLE JAMES R. TAYLOR
Adjustments, Extensions, Disclaimers, And Continuations: When Do Patent Term Adjustments Make Sense?, Stephanie Plamondon Bair
Adjustments, Extensions, Disclaimers, And Continuations: When Do Patent Term Adjustments Make Sense?, Stephanie Plamondon Bair
Faculty Scholarship
The United States patent system represents a measured trade-off between two competing policy considerations: providing sufficient incentives to encourage the innovation and development of new and socially useful inventions; and ensuring that such inventions are readily available to the public at an affordable price. Although the default patent term is now twenty years from filing, various features of, and changes to, the patent system over the years have allowed patent owners to extend the duration of their patent monopolies, sometimes for several years. Such extensions, though seemingly insignificant when compared to the full patent term, have an enormous impact on …
Narrative Pluralism And The Doctrine Incoherence In Hosanna-Tabor, Frederick Mark Gedicks
Narrative Pluralism And The Doctrine Incoherence In Hosanna-Tabor, Frederick Mark Gedicks
Faculty Scholarship
In Hosanna-Tabor Church and School v. EEOC, the Supreme Court recognized for the first time that the Religion Clauses require a “ministerial exception” to federal antidiscrimination laws, holding that religious congregations have a broad and categorical immunity against government interference in ministerial employment decisions.
Hosanna-Tabor is filled with ironies. The case is as much about unjustified discrimination and administrative inconsistency as religious liberty. The Court’s endorsement of the exception as a feature of church autonomy overlooks that churches subvert autonomy as often as they protect it. The exception described by the Court is so broad, absolute, and inflexible that it …
Congressional Silence And The Statutory Interpretation Game, Paul Stancil
Congressional Silence And The Statutory Interpretation Game, Paul Stancil
Faculty Scholarship
This Article explores the circumstances under which the federal legislative apparatus may be unable to respond to a politically objectionable statutory interpretation from the Supreme Court. The Article builds upon existing economic models of statutory interpretation, for the first time incorporating transaction costs into the analysis. The Article concludes by identifying recent real-world disputes in which transaction costs constrained Congress and the President from overriding the Court.
Cyber Deterrence, Eric Talbot Jensen
Cyber Deterrence, Eric Talbot Jensen
Faculty Scholarship
Cyber operations by both state actors and non-state actors are increasing in frequency and severity. As nations struggle to defend their networks and infrastructure, their ability to apply the principles of deterrence to cyber activities correspondingly increases in importance. Cyber deterrence offers much more flexibility and increased options from traditional deterrence methodologies developed in the Cold War’s nuclear age. In addition to traditional retaliation, cyber deterrence includes options such as taking legal action; and making networks invisible, resilient, and interdependent. It also presents new ways to view and apply accepted methodologies such as invulnerability. As the U.S. continues to develop …
Energy Claims Limited, A British Virgin Islands Company, Appellant V. Catalyst Investment Group Limited, Et Al., Appellees : Appellant's Reply Brief
Utah Supreme Court Briefs (1965 –)
On Writ of Certiorari to Review Decision of the Court of Appeals Jefferson W. Gross
The Monster In The Courtroom, Sonja R. West
U.S. Supreme Court Justices And Press Access, Ronnell Andersen Jones
U.S. Supreme Court Justices And Press Access, Ronnell Andersen Jones
BYU Law Review
No abstract provided.
Cameras At The Supreme Court: A Rhetorical Analysis, Lisa T. Mcelroy
Cameras At The Supreme Court: A Rhetorical Analysis, Lisa T. Mcelroy
BYU Law Review
No abstract provided.
Cameras In The Courtroom In The Twenty-First Century: The U.S. Supreme Court Learning From Abroad?, Kyu Ho Youm
Cameras In The Courtroom In The Twenty-First Century: The U.S. Supreme Court Learning From Abroad?, Kyu Ho Youm
BYU Law Review
No abstract provided.
Taxing And Tuition: A Legislative Solution To Growing Endowments And The Rising Costs Of A College Degree, Matt Willie
Taxing And Tuition: A Legislative Solution To Growing Endowments And The Rising Costs Of A College Degree, Matt Willie
BYU Law Review
No abstract provided.
The Dual-Faceted Federalism Framework And The Derivative Constitutional Status Of Local Governments, Michael W. Cannon
The Dual-Faceted Federalism Framework And The Derivative Constitutional Status Of Local Governments, Michael W. Cannon
BYU Law Review
No abstract provided.