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Articles 4081 - 4110 of 43872
Full-Text Articles in Entire DC Network
Derridean Diagnosis Of Marketplace Ills: Curing Schizophrenia And Amnesia In The First Amendment Search For Truth, Chris Whittaker
Derridean Diagnosis Of Marketplace Ills: Curing Schizophrenia And Amnesia In The First Amendment Search For Truth, Chris Whittaker
BYU Law Review
No abstract provided.
Outsourcing, Modularity, And The Theory Of The Firm Margaret M. Blair, Erin O’Hara O’Connor, And Gregg Kirchhoefer, Margaret M. Blair, Erin R O’Hara O’Conno, Gregg Kirchhoefer
Outsourcing, Modularity, And The Theory Of The Firm Margaret M. Blair, Erin O’Hara O’Connor, And Gregg Kirchhoefer, Margaret M. Blair, Erin R O’Hara O’Conno, Gregg Kirchhoefer
BYU Law Review
No abstract provided.
Comparative Deterrence From Private Enforcement And Criminal Enforcement Of The U.S. Antitrust Laws, Robert H. Land, Joshua P. Davis
Comparative Deterrence From Private Enforcement And Criminal Enforcement Of The U.S. Antitrust Laws, Robert H. Land, Joshua P. Davis
BYU Law Review
No abstract provided.
Separation Of Bank And State: Consolidating Bailed-Out Companies Into The U.S. Debt Ceiling And Government Financial Statements, J. W. Verret
BYU Law Review
No abstract provided.
The Original Public Understanding Of Privileges Or Immunities, James J. Ward
The Original Public Understanding Of Privileges Or Immunities, James J. Ward
BYU Law Review
No abstract provided.
Tinker At A Breaking Point: Why The Specter Of Cyberbullying Cannot Excuse Impermissible Public School Regulation Of Off-Campus Student Speech, Allison Belnap
Tinker At A Breaking Point: Why The Specter Of Cyberbullying Cannot Excuse Impermissible Public School Regulation Of Off-Campus Student Speech, Allison Belnap
BYU Law Review
No abstract provided.
The Irreparably Harmed Presumption? Why The Presumption Of Irreparable Harm In Trademark Law Will Survive Ebay And Winter, Jeffrey M. Sanchez
The Irreparably Harmed Presumption? Why The Presumption Of Irreparable Harm In Trademark Law Will Survive Ebay And Winter, Jeffrey M. Sanchez
BYU Law Review
No abstract provided.
Construing The Outer Limits Of Sentencing Authority: A Proposed Bright-Line Rule For Noncapital Proportionality Review, Kevin White
BYU Law Review
No abstract provided.
Clark Memorandum: Spring 2011, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School
Clark Memorandum: Spring 2011, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School
The Clark Memorandum
- Law and Becoming (Elder D. Todd Christofferson)
- Ambiguity in Law and in Life (Elder Bruce C. Hafen)
- "Serve God, Love Me, and Mend" (Annette W. Jarvis)
- Do U.S. Courts Discriminate Against Treaties? (David H. Moore)
Indefinite Detention Under The Laws Of War, Chris Jenks, Eric Talbot Jensen
Indefinite Detention Under The Laws Of War, Chris Jenks, Eric Talbot Jensen
Faculty Scholarship
The recent acquittal of the first Guantanamo Bay detainee to stand trial in U.S. federal court on all but one of the 286 charges he faced stemming from the 1998 bombings of two U.S. embassies in Africa has reinvigorated the discussion on indefinite detention under the laws of war. While the issue has been raised in the past, the discussion hasn’t extended beyond stating that the law of war, or law of armed conflict (LOAC) as it is often called, provides a legal basis for detention, including detention for the duration of hostilities. In fact, the Obama Administration has made …
Contracts As Organizations, D. Gordon Smith, Brayden G. King
Contracts As Organizations, D. Gordon Smith, Brayden G. King
Faculty Scholarship
Empirical studies of contracts have become more common over the past decade, but the range of questions addressed by these studies is narrow, inspired primarily by economic theories that focus on the role of contracts in mitigating ex post opportunism. We contend that these economic theories do not adequately explain many commonly observed features of contracts, and we offer four organizational theories to supplement-and in some instances, perhaps, challenge-the dominant economic accounts. The purpose of this Article is threefold: first, to describe how theoretical perspectives on contracting have motivated empirical work on contracts; second, to highlight the dominant role of …
Private Ordering With Shareholder Bylaws, Gordon Smith, Matthew Wright, Marcus Hintze
Private Ordering With Shareholder Bylaws, Gordon Smith, Matthew Wright, Marcus Hintze
Faculty Scholarship
In this Article, we propose legal reforms to empower shareholders in public corporations. Most shareholders participate in corporate governance in three ways: they vote, they sell, and they sue. We would expand the menu for shareholders in public corporations by enabling them to contract using shareholder bylaws. We contend that private ordering will improve shareholder monitoring of managers and create laboratories of corporate governance that benefit the entire corporate governance system.
Belonging In America: How To Understand Same-Sex Marriage, Robert A. Burt
Belonging In America: How To Understand Same-Sex Marriage, Robert A. Burt
Brigham Young University Journal of Public Law
No abstract provided.
Parent, Child, Husband, Wife: When Recognition Fails, Tragedy Ensues, Scott Fitzgibbon
Parent, Child, Husband, Wife: When Recognition Fails, Tragedy Ensues, Scott Fitzgibbon
Brigham Young University Journal of Public Law
No abstract provided.
Where (In The World) Do Children Belong?, Annette Laquer Estin
Where (In The World) Do Children Belong?, Annette Laquer Estin
Brigham Young University Journal of Public Law
No abstract provided.
Belonging And Trust: Divorce And Social Capital, Margaret F. Brinig
Belonging And Trust: Divorce And Social Capital, Margaret F. Brinig
Brigham Young University Journal of Public Law
No abstract provided.
Dimensions Of Aging And Belonging For The Older Person And The Effects Of Ageism, Laurence C. Nolan
Dimensions Of Aging And Belonging For The Older Person And The Effects Of Ageism, Laurence C. Nolan
Brigham Young University Journal of Public Law
No abstract provided.
Amae And Belonging—An Encounter Of The Japanese Psyche And The Waning Of Belonging In America, Akira Morita
Amae And Belonging—An Encounter Of The Japanese Psyche And The Waning Of Belonging In America, Akira Morita
Brigham Young University Journal of Public Law
No abstract provided.
A Child's Perspective Of Defining A Parent: The Case For Intended Parenthood, Linda D. Elrod
A Child's Perspective Of Defining A Parent: The Case For Intended Parenthood, Linda D. Elrod
Brigham Young University Journal of Public Law
No abstract provided.
The Boundaries Of Belonging: Allegiance, Purpose And The Definition Of Marriage, Lynn D. Wardle
The Boundaries Of Belonging: Allegiance, Purpose And The Definition Of Marriage, Lynn D. Wardle
Brigham Young University Journal of Public Law
This article addresses an important concept theme in family law scholarship: that of belonging. This paper will address the boundaries of belonging, the need to preserve boundaries to preserve communities, particularly the community of marriage, and to protect and maintain the opportunity and value of belonging to such communities. One of the paradoxes of belonging is that the need to belong also creates a need to exclude; in order for belonging to occur, there must be boundaries, standards defining the relationship, and criteria separating members of the group from nonmembers. The boundaries of marriage must reflect the key purposes of …
Rights, Religion, Regard, Contact: The Common School Ideal, A Nurturing, Safe And Effective Educational Environment For All Students, Scott Ellis Ferrin
Rights, Religion, Regard, Contact: The Common School Ideal, A Nurturing, Safe And Effective Educational Environment For All Students, Scott Ellis Ferrin
Brigham Young University Education and Law Journal
No abstract provided.
Employment, Sexual Orientation, And Religious Beliefs: Do Religious Educational Institutions Have A Protected Right To Discriminate In The Selection And Discharge Of Employees?, Ralph D. Mawdsley
Brigham Young University Education and Law Journal
No abstract provided.
Educational Justice And The Recognition Of Marriage, Scott Fitzgibbon
Educational Justice And The Recognition Of Marriage, Scott Fitzgibbon
Brigham Young University Education and Law Journal
No abstract provided.
Recognition Of Same-Sex Marriage And Public Schools: Implications, Challenges, And Opportunities, Allison Fetter-Harrott
Recognition Of Same-Sex Marriage And Public Schools: Implications, Challenges, And Opportunities, Allison Fetter-Harrott
Brigham Young University Education and Law Journal
No abstract provided.
Helping Students Who Can't Help Themselves: Special Education And The Deliberate Indifference Standard For Title Ix Peer Sexual Harassment, Annette Thacker
Helping Students Who Can't Help Themselves: Special Education And The Deliberate Indifference Standard For Title Ix Peer Sexual Harassment, Annette Thacker
Brigham Young University Education and Law Journal
No abstract provided.
Introduction To Symposium Issue: The Impact Of Same-Sex Marriage On Education
Introduction To Symposium Issue: The Impact Of Same-Sex Marriage On Education
Brigham Young University Education and Law Journal
No abstract provided.