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Social and Behavioral Sciences

BYU Law Review

2009

Articles 1 - 11 of 11

Full-Text Articles in Law

Legal Regimes And Political Particularism: An Assessment Of The "Legal Families" Theory From The Perspectives Of Comparative Law And Political Economy, John W. Cioffi, D. Gordon Smith Dec 2009

Legal Regimes And Political Particularism: An Assessment Of The "Legal Families" Theory From The Perspectives Of Comparative Law And Political Economy, John W. Cioffi, D. Gordon Smith

BYU Law Review

The “legal families” theory of corporate law and ownership structures pioneered by Rafael La Porta, Florencio Lopez-deSilanes, Andrei Shleifer, and Robert Vishny provides one of the most influential accounts of why “law matters” in shaping economic organization and outcomes. However, the empirical bases and theoretical logic of the theory contain serious flaws and limitations. First, as has been pointed out by a number of critics engaged in this revision, the legal origins literature contains numerous problematic characterizations of substantive law that expose the serious problems of quantitative operationalization of legal rules as a mode of comparative legal analysis. Second, the …


Diversity V. Colorblindness, Patrick S. Shin Dec 2009

Diversity V. Colorblindness, Patrick S. Shin

BYU Law Review

No abstract provided.


Fair Housing And Roommates: Contesting A Presumption Of Constitutionality, Brooke Wright Dec 2009

Fair Housing And Roommates: Contesting A Presumption Of Constitutionality, Brooke Wright

BYU Law Review

No abstract provided.


Suboptimal Executive Privilege, Stephen C. N. Lilley Dec 2009

Suboptimal Executive Privilege, Stephen C. N. Lilley

BYU Law Review

No abstract provided.


Commercial Speech, "Irrational" Clients, And The Persistence Of Bans On Subjective Lawyer Advertising, Nat Stern Dec 2009

Commercial Speech, "Irrational" Clients, And The Persistence Of Bans On Subjective Lawyer Advertising, Nat Stern

BYU Law Review

No abstract provided.


The Knowledge Problem Of New Paternalism, Mario J. Rizzo, Douglas Glen Whitman Nov 2009

The Knowledge Problem Of New Paternalism, Mario J. Rizzo, Douglas Glen Whitman

BYU Law Review

No abstract provided.


Deliberative Constitutionalism, John J. Worley May 2009

Deliberative Constitutionalism, John J. Worley

BYU Law Review

No abstract provided.


Protecting The Appropriations Power: Why Congress Should Care About Settlements At The Department Of Justice, Todd David Peterson May 2009

Protecting The Appropriations Power: Why Congress Should Care About Settlements At The Department Of Justice, Todd David Peterson

BYU Law Review

No abstract provided.


Theories Of Poverty/The Poverty Of Theory, Barbara Stark May 2009

Theories Of Poverty/The Poverty Of Theory, Barbara Stark

BYU Law Review

No abstract provided.


The Sound Of Congressional Silence: Judicial Distortion Of The Legislative-Executive Balance Of Power, Matthew Baker Mar 2009

The Sound Of Congressional Silence: Judicial Distortion Of The Legislative-Executive Balance Of Power, Matthew Baker

BYU Law Review

No abstract provided.


Reproducing Gender On Law School Faculties, Ann C. Mcginley Mar 2009

Reproducing Gender On Law School Faculties, Ann C. Mcginley

BYU Law Review

No abstract provided.