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Articles 1 - 14 of 14
Full-Text Articles in Law
Good Representatives, Bad Objectors, And Restitution In Class Settlements, Jay Tidmarsh, Tladi Marumo
Good Representatives, Bad Objectors, And Restitution In Class Settlements, Jay Tidmarsh, Tladi Marumo
BYU Law Review
This Article uses two recent decisions — one prohibiting incentive awards to class representatives and one permitting disgorgement of side payments to class objectors — to explore deeper connections between class action settlements and the law of restitution. The failure to correctly apply the law of restitution led both courts astray. First, courts can approve incentive awards, as long as an award properly reflects the benefit that the representative's efforts bestowed on the class. Second, restitution provides a basis to disgorge improper side payments to objectors, but only under conditions different from those that the court described. More broadly, attention …
Gonzales-Lopez And Its Bright-Line Rule: Result Of Broad Judicial Philosophy Or Context-Specific Principles?, Jacob D. Briggs
Gonzales-Lopez And Its Bright-Line Rule: Result Of Broad Judicial Philosophy Or Context-Specific Principles?, Jacob D. Briggs
BYU Law Review
No abstract provided.
The Third Wave Of Crime Victims' Rights: Standing, Remedy, And Review, Douglas E. Beloof
The Third Wave Of Crime Victims' Rights: Standing, Remedy, And Review, Douglas E. Beloof
BYU Law Review
No abstract provided.
Sosa V. Alvarez-Machain And Abu Ghraib--Civil Remedies For Victims Of Extraterritorial Torts By U.S. Military Personnel And Civilian Contractors, Scott J. Borrowman
Sosa V. Alvarez-Machain And Abu Ghraib--Civil Remedies For Victims Of Extraterritorial Torts By U.S. Military Personnel And Civilian Contractors, Scott J. Borrowman
BYU Law Review
No abstract provided.
Important” And “Irreversible” But Maybe Not “Unreviewable”: The Dilemma Of Protecting Defendants’ Rights Through The Collateral Order Doctrine, Kristin B. Gerdy
Important” And “Irreversible” But Maybe Not “Unreviewable”: The Dilemma Of Protecting Defendants’ Rights Through The Collateral Order Doctrine, Kristin B. Gerdy
Faculty Scholarship
This articles addresses the collateral order doctrine beginning with its inception in Cohen v. Beneficial Industrial Loan Corp., and continuing through an overview of theCourt's civil collateral order jurisprudence illustrating the development of the "requirements" for attaining appellate review under the doctrine. It examines the role of "important rights" in the Court's collateral order cases and attempts to determine whether "importance" is an additional requirement of the collateral order test. The author seeks to define what the Court means by an "important" right or issue, and to explain the view that some rights are sufficiently "important" to outweigh costs of …
The Exclusionary Rule And Damages: An Economic Comparison Of Private Remedies For Unconstitutional Police Conduct, Jeffrey Standen
The Exclusionary Rule And Damages: An Economic Comparison Of Private Remedies For Unconstitutional Police Conduct, Jeffrey Standen
BYU Law Review
No abstract provided.
Sullivan V. Scoular Grain Co. And The 1994 Amendments: Is Joint And Several Liability Really Dead In Utah?, Lee Edwards
Sullivan V. Scoular Grain Co. And The 1994 Amendments: Is Joint And Several Liability Really Dead In Utah?, Lee Edwards
Brigham Young University Journal of Public Law
No abstract provided.
Damages For Intentional Discrimination By Public Entities Under Title Ii Of The Americans With Disabilities Act: A Rose By Any Other Name, But Are The Remedies The Same?, Cheryl L. Anderson
Damages For Intentional Discrimination By Public Entities Under Title Ii Of The Americans With Disabilities Act: A Rose By Any Other Name, But Are The Remedies The Same?, Cheryl L. Anderson
Brigham Young University Journal of Public Law
No abstract provided.
Access To Legal Remedies: The Crisis In Family Law, Jane C. Murphy
Access To Legal Remedies: The Crisis In Family Law, Jane C. Murphy
Brigham Young University Journal of Public Law
No abstract provided.
The History And Culture Of Affirmative Action, Anthony J. Scanlon
The History And Culture Of Affirmative Action, Anthony J. Scanlon
BYU Law Review
No abstract provided.
Drawing Lines And Defining Remedies: The Impact Of Ellis V. Brotherhood Of Railway, Airline And Steamship Clerks On The First Amendment Rights Of Dissident Employees, Shane R. Swindle
BYU Law Review
No abstract provided.
Doing Business On An Indian Reservation: Can The Non-Indian Enforce His Contract With The Tribe?, Richard M. Grimsrud
Doing Business On An Indian Reservation: Can The Non-Indian Enforce His Contract With The Tribe?, Richard M. Grimsrud
BYU Law Review
No abstract provided.
Union Held Liable In Contribution To Employer For Title Vii Violations: Glus V. G.C. Murphy Co., J. David Gowdy
Union Held Liable In Contribution To Employer For Title Vii Violations: Glus V. G.C. Murphy Co., J. David Gowdy
BYU Law Review
No abstract provided.
Contribution Among Antitrust Violators: A Question Of Legal Process, C. Douglas Floyd
Contribution Among Antitrust Violators: A Question Of Legal Process, C. Douglas Floyd
BYU Law Review
No abstract provided.