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Brigham Young University Law School

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Independent Legal Significance, Good Faith, And The Interpretation Of Venture Capital Contracts, D. Gordon Smith Mar 2004

Independent Legal Significance, Good Faith, And The Interpretation Of Venture Capital Contracts, D. Gordon Smith

Faculty Scholarship

Venture capital contracts are inherently incomplete. When interpreting such contracts, courts could deal with the expectations of parties formally by inquiring only about the plain meaning of the contract or qualitatively by enforcing the presumed expectations of the parties, regardless of whether those expectations are expressed in the contract. The Delaware courts have opted for a formal approach. In doing so, they appear to be engaged in an effort to force contracting parties toward completeness. While the duty of good faith appears to respond to the inevitable incompleteness of contracts, the courts largely ignore this duty in preferred stock cases. …


Protecting Access To Extracurricular Activites: The Need To Recognize A Fundamental Right To A Minimally Adequate Education, Nicholas A. Palumbo Mar 2004

Protecting Access To Extracurricular Activites: The Need To Recognize A Fundamental Right To A Minimally Adequate Education, Nicholas A. Palumbo

Brigham Young University Education and Law Journal

No abstract provided.


Discipline: An Academic Dean's Perspective On Dealing With Plagiarism, Kevin J. Worthen Mar 2004

Discipline: An Academic Dean's Perspective On Dealing With Plagiarism, Kevin J. Worthen

Brigham Young University Education and Law Journal

Three months after I was convinced by our very persuasive Dean that, contrary to my first thought, being an Associate Academic Dean was not such a dumb idea, I was confronted with a situation that reinforced my initial impression. On my desk sat a paper submitted by a student in a law school course. More than one-half of the paper was copied word for word without any attribution being given. Dozens of other lines contained material that should have been included in quotation marks, but was not. Some of the material quoted without attribution came from sources cited in other …


How Educators Can More Effectively Understand And Combat The Plagiarism Epidemic, David A. Thomas Mar 2004

How Educators Can More Effectively Understand And Combat The Plagiarism Epidemic, David A. Thomas

Brigham Young University Education and Law Journal

No abstract provided.


Across Four Aprils: School Finance Litigation In Virginia, Ashley Mcdonald Delja Mar 2004

Across Four Aprils: School Finance Litigation In Virginia, Ashley Mcdonald Delja

Brigham Young University Education and Law Journal

No abstract provided.


Establishing A Culture Of Compliance: Applying Corporate Compliance Principles To A Unversity Setting, J. Derek Kearl Mar 2004

Establishing A Culture Of Compliance: Applying Corporate Compliance Principles To A Unversity Setting, J. Derek Kearl

Brigham Young University Education and Law Journal

No abstract provided.


Frontmatter Mar 2004

Frontmatter

Brigham Young University Education and Law Journal

No abstract provided.


Make An Investment In Our School Children: Increase The Nutritional Value Of School Lunch Programs, Clint G. Salisbury Mar 2004

Make An Investment In Our School Children: Increase The Nutritional Value Of School Lunch Programs, Clint G. Salisbury

Brigham Young University Education and Law Journal

No abstract provided.


Access To Public School Facilities For Religious Expression By Students, Student Groups And Community Organizations: Extending The Reach Of The Free Speech Clause, Ralph D. Mawdsley Mar 2004

Access To Public School Facilities For Religious Expression By Students, Student Groups And Community Organizations: Extending The Reach Of The Free Speech Clause, Ralph D. Mawdsley

Brigham Young University Education and Law Journal

No abstract provided.


Law Student Plagiarism: Why It Happens, Where It's Found, And How To Find It, Kristin Gerdy Mar 2004

Law Student Plagiarism: Why It Happens, Where It's Found, And How To Find It, Kristin Gerdy

Brigham Young University Education and Law Journal

The author explores why law students plagiarize and how to detect it using both personal and technological methods.


A Desperate Grab For Free Rehab: Unilateral Placements Under Idea For Students With Drug And Alcohol Addictions, David S. Doty Mar 2004

A Desperate Grab For Free Rehab: Unilateral Placements Under Idea For Students With Drug And Alcohol Addictions, David S. Doty

Brigham Young University Education and Law Journal

No abstract provided.


The Supreme Court And Pledge Of Allegiance: Does God Still Have A Place In American Schools?, Charles J. Russo Mar 2004

The Supreme Court And Pledge Of Allegiance: Does God Still Have A Place In American Schools?, Charles J. Russo

Brigham Young University Education and Law Journal

No abstract provided.


Universal Preschool: A Solution To A Special Education Law Dilemma, Alefia E. Mithaiwala Mar 2004

Universal Preschool: A Solution To A Special Education Law Dilemma, Alefia E. Mithaiwala

Brigham Young University Education and Law Journal

No abstract provided.


Trying To Push A Square Peg Through A Round Hole: Why The Higher Education Style Of Strict Scrutiny Review Does Not Fit When Courts Consider K-12 Admissions Programs, James Nial Robinson Ii Mar 2004

Trying To Push A Square Peg Through A Round Hole: Why The Higher Education Style Of Strict Scrutiny Review Does Not Fit When Courts Consider K-12 Admissions Programs, James Nial Robinson Ii

Brigham Young University Education and Law Journal

No abstract provided.


The Sport Of Numbers: Manipulating Title Ix To Rationalize Discrimination Against Women, Lisa Yonka Stevens Mar 2004

The Sport Of Numbers: Manipulating Title Ix To Rationalize Discrimination Against Women, Lisa Yonka Stevens

Brigham Young University Education and Law Journal

No abstract provided.


High School Exit Exams Meet Idea—An Examination Of The History, Legal Ramifications, And Implications For Local School Administrators And Teachers, Jennifer R. Rowe Mar 2004

High School Exit Exams Meet Idea—An Examination Of The History, Legal Ramifications, And Implications For Local School Administrators And Teachers, Jennifer R. Rowe

Brigham Young University Education and Law Journal

No abstract provided.


Frontmatter Mar 2004

Frontmatter

Brigham Young University Education and Law Journal

No abstract provided.


Frontmatter Mar 2004

Frontmatter

Brigham Young University Journal of Public Law

No abstract provided.


The Bureau Of Indian Affairs And The Federal Trust Obligation To American Indians, Robert Mccarthy Mar 2004

The Bureau Of Indian Affairs And The Federal Trust Obligation To American Indians, Robert Mccarthy

Brigham Young University Journal of Public Law

No abstract provided.


A Custodial Suspect's Right To The Assistance Of Counsel – The Ambivalence Of Israeli Law Against The Background Of American Law, Rinat Kitai Mar 2004

A Custodial Suspect's Right To The Assistance Of Counsel – The Ambivalence Of Israeli Law Against The Background Of American Law, Rinat Kitai

Brigham Young University Journal of Public Law

No abstract provided.


Holding Virtual Child Pornography Creators Liable By Judicial Redress: An Alternative Approach To Overcoming The Obstacles Presented In Ashcroft V. Free Speech Coalition, Daniel W. Bower Mar 2004

Holding Virtual Child Pornography Creators Liable By Judicial Redress: An Alternative Approach To Overcoming The Obstacles Presented In Ashcroft V. Free Speech Coalition, Daniel W. Bower

Brigham Young University Journal of Public Law

No abstract provided.


After Grutter V. Bollinger Higher Education Must Keep Its Eyes On The Tainted Diversity Prize Legacy, L. Darnell Weeden Mar 2004

After Grutter V. Bollinger Higher Education Must Keep Its Eyes On The Tainted Diversity Prize Legacy, L. Darnell Weeden

Brigham Young University Journal of Public Law

No abstract provided.


Adding Marks To The Mix Of An Already Muddled Decision Regarding Public Forums And Freedom Of Speech On The Internet , Tyson Snow Mar 2004

Adding Marks To The Mix Of An Already Muddled Decision Regarding Public Forums And Freedom Of Speech On The Internet , Tyson Snow

Brigham Young University Journal of Public Law

No abstract provided.


Finding Success In The "Cauldron Of Competition:" The Effectiveness Of Academic Support Programs, Leslie Yalof Garfield, Kelly Koenig Levi Mar 2004

Finding Success In The "Cauldron Of Competition:" The Effectiveness Of Academic Support Programs, Leslie Yalof Garfield, Kelly Koenig Levi

Brigham Young University Education and Law Journal

No abstract provided.


Affirmative Action: Challenges And Opportunities, Jeramy R. Green Mar 2004

Affirmative Action: Challenges And Opportunities, Jeramy R. Green

Brigham Young University Education and Law Journal

No abstract provided.


Which Crime Is It? The Role Of Proportionality In Recidivist Sentencing After Ewing V. California, Richard H. Andrus Mar 2004

Which Crime Is It? The Role Of Proportionality In Recidivist Sentencing After Ewing V. California, Richard H. Andrus

Brigham Young University Journal of Public Law

No abstract provided.


Ten Years Of Pena: Revisiting The Utah Mixed Question Standard Of Appellate Review, Andrew Franklin Peterson Mar 2004

Ten Years Of Pena: Revisiting The Utah Mixed Question Standard Of Appellate Review, Andrew Franklin Peterson

Brigham Young University Journal of Public Law

No abstract provided.


Alternatives In Accretion: Why There Is Not Yet An Appropriate Solution To The Application Of Accretion Law To Mineral Estates, Daniel K. Brough Mar 2004

Alternatives In Accretion: Why There Is Not Yet An Appropriate Solution To The Application Of Accretion Law To Mineral Estates, Daniel K. Brough

BYU Law Review

No abstract provided.


A Good Old Habit, Or Just An Old One? Preferential Tax Treatment For Reorganizations, Yariv Brauner Mar 2004

A Good Old Habit, Or Just An Old One? Preferential Tax Treatment For Reorganizations, Yariv Brauner

BYU Law Review

No abstract provided.


Copyright And Information Theory: Toward An Alternative Model Of "Authorship", Alan L. Durham Mar 2004

Copyright And Information Theory: Toward An Alternative Model Of "Authorship", Alan L. Durham

BYU Law Review

Both literary scholars and students of copyright law have challenged the romantic model of authorship, a model emphasizing individual genius and creation ex nihilo. Authorship, they argue, is actually a collaborative effort. Authors assemble their works from the fragments of their cultural environment, transforming as much as creating. Copyright law, however, still champions the rights of authors and it requires a coherent theory of what authorship is. An alternative to the romantic model of authorship can be found in information theory, a branch of mathematics dealing, at a very fundamental level, with all forms of communication. Authorship could be defined …