Digital Commons Network^™

Contractual Evolution, Matthew C. Jennejohn, Eric Talley

Faculty Scholarship

Conventional wisdom portrays contracts as static distillations of parties’ shared intent at some discrete point in time. In reality, however, contract terms evolve in response to their environments, including new laws, legal interpretations, and economic shocks. While several legal scholars have offered stylized accounts of this evolutionary process, we still lack a coherent, general theory that broadly captures the dynamics of real-world contracting practice. This paper advances such a theory, in which the evolution of contract terms is a byproduct of several key features, including efficiency concerns, information, and sequential learning by attorneys who negotiate several deals over time. Each …

Delaware's Frontier, Matthew C. Jennejohn, D. Gordon Smith

Faculty Scholarship

This essay, prepared for a symposium honoring Chief Justice Leo Strine, explores how institutional capacity limits the Delaware courts’ role in the U.S. economy. A decision theoretic approach is employed to delineate the boundaries of that role, with particular attention paid to recent arguments that Delaware's Caremark doctrine should be extended to ESG concerns. The essay views muscular expansion of Caremark to encompass stakeholder interests as misguided without significant investments in institutional capacity.

The Transactional Dynamics Of Market Fragility, Matthew C. Jennejohn

Faculty Scholarship

This Article takes a step toward more clearly diagnosing market fragility for the purpose of developing better policy choices that anticipate and address future crises. It does so by connecting two erstwhile and distinct literatures: the legal scholarship on relational contracting and the social science on the diffusion of shocks in economic networks. This Article attempts to connect the strategies parties pursue in designing their agreements—a familiar topic to contract scholars—to the diffusion patterns observed in disrupted markets—an increasingly important area of study in macroeconomics. By investigating that intersection, this Article introduces a new potential policy domain for remediating market …

International Law: Corpus Linguistics And Ordinary Meaning, Eric Talbot Jensen, James Lee Rex

Faculty Scholarship

The application of corpus linguistics to clarify ambiguity or provide insight in legal interpretation is quickly gaining recognition within the United States, especially among the judiciary. However, very little has been done to assess its application to international law, particularly as a means of assisting international courts and tribunals. In the international legal system—where ambiguity inevitably arises from the great diversity of linguistic and cultural systems throughout the world—the norm for understanding contested terms within a treaty or agreement is to look for the “ordinary meaning to be given to the terms of the treaty in their context and in …

Book Review: The Restatement And Beyond: The Past, Present, And Future Of U.S. Foreign Relations Law. Edited By Paul B. Stephan And Sarah H. Cleveland. New York: Oxford University Press, 2020. Pp. Xi, 587., David H. Moore, Paul B. Stephan, Sarah H. Cleveland

Faculty Scholarship

This paper reviews The Restatement and Beyond: The Past, Present, and Future of U.S. Foreign Relations Law (Paul B. Stephan and Sarah H. Cleveland eds., OUP 2020).

The Work Is Not Done: Frederick Douglass And Black Suffrage, Bradley Rebeiro

Faculty Scholarship

Since antiquity, political theorists have tried to identify the proper balance between ideals and pragmatism in political and public life. Machiavelli and Aristotle both offered prudence as an approach, but with different ends in mind: stability and the good, respectively. Among the many contributions Kurt Lash’s two-volume set on the Reconstruction Amendments provides to present-day discourse, it supplies the careful reader an answer to this timeless question by highlighting the role of Frederick Douglass in public deliberation over the Fifteenth Amendment. In this essay I argue that American abolitionist, social reformer and statesman Frederick Douglass illustrates and enacts the Aristotelian …

Coase And Accommodation: A Reply, Frederick Mark Gedicks

Faculty Scholarship

Written for a Festschrift in honor of Michael Perry, this essay responds to the argument that the Coase theorem refutes the third-party harm doctrine, which holds that the Establishment Clause prohibits any religious accommodation imposing material burdens (“harms”) on those who derive no benefit from the accommodation because they do not engage in the exempted practice (“third parties”). In economic terms, the third-party harm doctrine prohibits negative externalities created by religious accommodations which shift material costs of practicing the accommodated religion to a relatively small number of third parties who practice a different religion or none at all.

Enter Coase, …

2022 Byu Law Review Masthead

BYU Law Review

No abstract provided.

Byu Law School Faculty Listing

BYU Law Review

No abstract provided.

Byu Law Review Subscription Information

BYU Law Review

No abstract provided.

Table Of Contents

BYU Law Review

No abstract provided.

Corruption In University Admissions And The Administrative Allocation Of Scarce Goods, L. Burke Files, Roger E. Meiners, Andrew P. Morriss

BYU Law Review

The Varsity Blues investigation uncovered a seamy side of university admissions. Multiple wealthy parents were indicted for securing their children s admission to selective institutions through bribery. Despite the publicity the indictments and guilty pleas received, and the public schadenfreude over the sight of celebrities being arrested, the investigation is most notable for what it did not do: it did not deploy the federal government's arsenal of anti-money laundering and anti-corruption tools against the universities involved. This represents a significant missed opportunity to address the serious problems that arise from rationing access to selective institutions via opaque, easily manipulated admissions …

State Securities Enforcement, Andrew K. Jennings

BYU Law Review

Each year, state securities regulators bring over twice the enforcement actions brought by the Securities and Exchange Commission, yet their work is largely missing from the literature. This Article provides an institutional account of state securities enforcement and identifies two key advantages — detection granularity and institutional decentralization — that states enjoy over their federal counterparts in policing localized frauds involving individual, often small-dollar, victims. Although states share enforcement jurisdiction with the SEC and DOJ, their enforcement activity reflects their institutional advantages and constraints and thus largely does not overlap with that of federal authorities. Instead, states serve as the …

Relational Enforcement Of Stock Exchange Rules, Geeyoung Min, Kwon-Yong Jin

BYU Law Review

Stock exchanges, as regulating entities supervised by the Securities and Exchange Commission (SEC), have wielded their rulemaking power on various corporate governance issues, ranging from the independent board committee requirement adopted in 2003 to the board diversity requirement approved in 2021. Simultaneously, as for-profit corporate entities, major stock exchanges have been competing against each other to attract and retain more companies. This dual status of stock exchanges — as regulators and as profit driven entities — brings into question the stock exchanges' incentive to enforce their own rules against listed companies. What happens if a listed company violates stock exchange …

Non-Consensual Disclosures, Nina Varsava

BYU Law Review

In the course of biomedical research on humans — for example, flu, imaging, and genomic studies — researchers often uncover information about participants that is important to their health and wellbeing. In many cases, the information is not anticipated in advance, and participants did not consent to receiving it. This Article examines the law and policy governing human subjects research, focusing on the set of regulations known as the "Common Rule." I argue that human subjects researchers will often have strong ethical reason s to disclose results even when participants did not consent to the disclosure in advance. I also …

Creating Oases Throughout America’S Food Deserts, Hannah M. Dahle

BYU Law Review

No abstract provided.

Admitting A Wrong: Apology For The Historical Injustice Of The Dred Scott Case, Laura Kyte

BYU Law Review

No abstract provided.

A Symbol Of Unity: Freeing The Aboriginal Flag, Dominic Shaw

BYU Law Review

No abstract provided.

Colleen Renae Wilson, Appellant, V. Jed Wilson, Appellee : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Fourth Judicial District Court, Utah County, Commissioner Marian Ito and Judge Derek P. Pullan, District Court No. 194402700

Angilee K. Dakic, Attorney for Appellant

Marilyn Brown, D. Grant Dickinson, Attorneys for Appellee

State Of Utah, Plaintiff/Appellee V, Joshua Martin, Defendant/Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the Fourth District Court, Utah County, from Judgement on post-conviction relief before the Honorable James Brady

SEAN REYES, Counsel for Appellee

OSHUA MARTIN, Pro se

Rachel Bowers Petitioner /Appellant, V. Dustin Wade Burkhart, Respondent /Appellees. : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Fourth Judicial District Court of Utah County, Honorable Robert Lund, District Court No. 194403198

Julie J. Nelson, Taylor P. Webb, Melissa A. Patten-Greene, Counsel for Appellee

Emily Adams, Sara Pfrommer, Counsel for Appellant

Steve Turley, An Individual, Plaintiff/Appellee V. Trudy J. Childs, Individually And As Trustee Of The Trudy J. Childs : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from Ruling and Order entered by the Fourth Judicial District Court, Honorable Christine S. Johnson

Barry N. Johnson, Daniel K. Brough, Ryan M. Merriman, Counsel for. Appellants

Craig Carlile, Brent D. Wride, Counsel for Appellee

State Of Utah Plaintiff - Petitioner, V. Alfonso Valdez, Defendant - Respondent : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2021– )

EMILY ADAMS, CHERISE BACALSKI, Counsel for Respondent

EMILY ADAMS, CHERISE BACALSKI, Counsel for Respondent

JOHN J. NIELSEN, SEAN D. REYES, RACHEL M. SNOW, Counsel for Petitioner

Carolyn Casteel, Petitioner, V. Utah Labor Commission, Boxelder County, And Workers Compensation Fund, Respondents : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Brief of Respondents/Appellees Box Elder County and WCF Mutual Insurance Company

David J. Holdsworth, Attorney for Petitioner/Appellee

Michele L. Halstenrud, Attorney for Respondents/Appellees, Christopher T. Hill, Attorney for Respondent/Appellee

Rachel Bowers Petitioner /Appellant, V. Dustin Wade Burkhart, Respondent /Appellees. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Fourth Judicial District Court, Utah County,

Emily Adams Sara Pfrommer Attorneys for Appellant Rachel Bowers

Julie J. Nelson, Taylor P. Webb, Melissa A. Patten-Greene, Attorneys for Appellee Dustin Burkhart

Clark Memorandum: Fall 2021, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society

The Clark Memorandum

• Truth, Civility, and Advocacy
• Cultivating a Deeper Faith in Jesus Christ
• Can Religion Be a Healing Force in Society?
• Navigating Life’s Uncertainties

Read on Issuu

Drive Logistics, Llc (D.B.A. Kenco Parcel Solutions), Appellee, V. Adagio Teas, Inc., Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

APPEAL FROM THE FOURTH DISTRICT COURT, UTAH COUNTY, JUDGE CHRISTINE S. JOHNSON

Troy L. Booher, Dick J. Baldwin, Taylor P. Webb, Matthew G. Bagley, Attorneys for Appellant Adagio Teas, Inc.

David R. Parkinson, Ronald F. Price, Attorneys for Appellee

Jessy Mckee And Shayne Mackee, Appellants V. Clayton Mckeachine, Carolyn Harns, G&C Servi Es Inc., And Irene Mckee, Appellees : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Trial Court No. 213800083 Deborah R. Chandler Anderson & Karrenberg, P.C. Attorneys for Burton and Christine

Deborah R. Chandler, Attorneys for Burton and Christine Delambert, Stephen K. Christiansen, Anthony W. Steirling, Ryan R. Bolarder, Attorneys for Carolyn Harns, Kenneth J. Melrose, Attorney for Irene McKee, Clayton Mckeachnie, Pro Se, Kurt D. Reber, Attorneys for G&C Service, Inc

Alan W. Dunaway, Attorneys for Appellants

Kevin Muir Plaintiff / Appellant V. Cincinnati Insurance Company, Defendant / Appellee : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the Fourth Judicial District Court, Utah County, before the Honorable Christine Johnson

VINCENT J. VELARDO, KATIA K. CONRAD, Attorneys for Defendant / Appellee

MICHAEL J. PETRO, LEAH ASTON, LINDSEY BRINTON HARRIS, Attorneys for Plaintiff/ Appellant

State Of Utah Plaintiff - Petitioner, V. Alfonso Valdez, Defendant - Respondent : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2021– )

Brief of Amicus Curiae National Association of Criminal Defense Lawyers

Emily Adams, Freyja Johnson, Attorneys for Respondent, John J. Nielsen, Sean Reyes, Attorneys for Petitioner

Jeffery C. Corey, John E. Cutler, Jordan E. Westgate, Attorneys for Amicus Curiae