Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 25 of 25
Full-Text Articles in Law
Private Sanctions, Public Harm?, Jon J. Lee
Private Sanctions, Public Harm?, Jon J. Lee
BYU Law Review
The legal profession has a secret. In response to widespread public distrust in the profession’s ability to regulate itself, disciplinary authorities have undertaken modest efforts over the last several decades to make their activities more transparent. They have opened up their formal proceedings, publicized the identities of sanctioned attorneys, and shared information about their work online. But at the same time, most have quietly continued to resolve cases of ostensibly “minor” and “isolated” misconduct through private sanctions, keeping the identities of disciplined attorneys – and their misconduct – hidden from view.
This Article takes a comprehensive look at private sanctions …
Scaling Daos Through Fiduciary Duties, Alex Dolphin
Scaling Daos Through Fiduciary Duties, Alex Dolphin
BYU Law Review
DAOs (Decentralized Autonomous Organizations) are a unique type of business organization due in large part to their directly democratic governance structure. Owners of DAOs, “tokenholders,” do not delegate control to a board or a general partner. Rather, tokenholders directly control a DAO and must approve every action that a DAO takes. Because tokenholders do not delegate control to an agent, the principal-agent problem is tempered in DAOs. The principal-agent problem is the basis for the fiduciary duties that govern traditional business organizations. These fiduciary duties are meant to prevent agents entrusted with power by their principals from self-dealing. Some have …
Guilt-Free Markets? Unconscionability, Conscience, And Emotions, Hila Keren
Guilt-Free Markets? Unconscionability, Conscience, And Emotions, Hila Keren
BYU Law Review
Despite record-level economic inequalities and a vast growth in market exploitation, courts remain surprisingly reluctant to exercise their power to invalidate the resulting predatory contracts. There is no doubt that courts are authorized to invalidate predatory contracts based on their unconscionability. There is, however, an ongoing debate regarding the desirability of utilizing this judicial power in a capitalist society. This Article enters the discussion from a unique angle: it focuses less on the bottom line of jurisprudence and more on the law’s expressive power—the fact that the law’s impact extends beyond its ability to sanction or reward behaviors. Specifically, the …
Scout’S Honor: The Boy Scouts, Judicial Ethics, And The Appearance Of Partiality, Daniel Ortner
Scout’S Honor: The Boy Scouts, Judicial Ethics, And The Appearance Of Partiality, Daniel Ortner
BYU Law Review
No abstract provided.
Raising The Bar: Establishing An Effective Remedy Against Ineffective Counsel, Joseph H. Ricks
Raising The Bar: Establishing An Effective Remedy Against Ineffective Counsel, Joseph H. Ricks
BYU Law Review
No abstract provided.
The Folly Of Expecting Evil: Reconsidering The Bar’S Character And Fitness Requirement, Leslie C. Levin
The Folly Of Expecting Evil: Reconsidering The Bar’S Character And Fitness Requirement, Leslie C. Levin
BYU Law Review
No abstract provided.
Nuclear Weapons, Ethics, Morals, And Law, Jonathan Granoff
Nuclear Weapons, Ethics, Morals, And Law, Jonathan Granoff
BYU Law Review
No abstract provided.
Hear No Evil, See No Evil, Speak No Evil: The Intolerable Conflict For Attorney-Mediators Between The Duty To Maintain Mediation Confidentiality And The Duty To Report Fellow Attorney Misconduct, Pamela A. Kentra
BYU Law Review
No abstract provided.
The Case Of Mrs. Jones Revisited: Paternalism And Autonomy In Lawyer-Client Counseling, Mark Spiegel
The Case Of Mrs. Jones Revisited: Paternalism And Autonomy In Lawyer-Client Counseling, Mark Spiegel
BYU Law Review
No abstract provided.
Home Dance, The Hopi, And Black Mesa Coal: Conquest And Endurance In The American Southwest, Charles F. Wilkinson
Home Dance, The Hopi, And Black Mesa Coal: Conquest And Endurance In The American Southwest, Charles F. Wilkinson
BYU Law Review
No abstract provided.
A New Antidote For An Opponent's Pretrial Discovery Misconduct: Treating The Misconduct At Trial As An Admission By Conduct Of The Weakness Of The Opponent's Case, Edward J. Imwinkelried
A New Antidote For An Opponent's Pretrial Discovery Misconduct: Treating The Misconduct At Trial As An Admission By Conduct Of The Weakness Of The Opponent's Case, Edward J. Imwinkelried
BYU Law Review
No abstract provided.
Fines Under New Federal Civil Rule 11: The New Monetary Sanctions For The "Stop-And-Think-Again" Rule, Jeffrey A. Parness
Fines Under New Federal Civil Rule 11: The New Monetary Sanctions For The "Stop-And-Think-Again" Rule, Jeffrey A. Parness
BYU Law Review
No abstract provided.
Rule 11 And Federalizing Lawyer Ethics, Judith A. Mcmorrow
Rule 11 And Federalizing Lawyer Ethics, Judith A. Mcmorrow
BYU Law Review
No abstract provided.
The Ethics Reform Act Of 1989: Why The Taxman Can't Be A Paperback Writer, David A. Golden
The Ethics Reform Act Of 1989: Why The Taxman Can't Be A Paperback Writer, David A. Golden
BYU Law Review
No abstract provided.
Maintaining Public Confidence In The Integrity Of The Judiciary: State Bar Of Nevada V. Claiborne, Mark A. Hutchison
Maintaining Public Confidence In The Integrity Of The Judiciary: State Bar Of Nevada V. Claiborne, Mark A. Hutchison
BYU Law Review
No abstract provided.
Justice And Judges, Joseph L. Daly
Alternatives To The Tort System For The Nonmedical Professions: Can They Do The Job?, Kenneth S. Abraham
Alternatives To The Tort System For The Nonmedical Professions: Can They Do The Job?, Kenneth S. Abraham
BYU Law Review
No abstract provided.
Retaining Traditional Tort Liability In The Nonmedical Professions, Carl S. Hawkins
Retaining Traditional Tort Liability In The Nonmedical Professions, Carl S. Hawkins
BYU Law Review
No abstract provided.
Law, The Problems Of Poverty, And The "Myth Of Rights", Michael Diamond
Law, The Problems Of Poverty, And The "Myth Of Rights", Michael Diamond
BYU Law Review
No abstract provided.
Law, Society, And Moral Order: Introduction To The Symposium, Richard D. Schwartz
Law, Society, And Moral Order: Introduction To The Symposium, Richard D. Schwartz
BYU Law Review
No abstract provided.
The Jury As A Source Of Reasonable Search And Seizure Law, Ronald J. Bacigal
The Jury As A Source Of Reasonable Search And Seizure Law, Ronald J. Bacigal
BYU Law Review
No abstract provided.
In Search Of A Role For The Legal System, Fernando E. Agrait
In Search Of A Role For The Legal System, Fernando E. Agrait
BYU Law Review
No abstract provided.
The Gap Between Law And Moral Order: An Examination Of The Legitimacy Of The Supreme Court Abortion Decisions, Lynn D. Wardle
The Gap Between Law And Moral Order: An Examination Of The Legitimacy Of The Supreme Court Abortion Decisions, Lynn D. Wardle
BYU Law Review
No abstract provided.
Dworkin's Rights Thesis: Implications For The Relationship Between The Legal Order And The Moral Order, Livingston Baker
Dworkin's Rights Thesis: Implications For The Relationship Between The Legal Order And The Moral Order, Livingston Baker
BYU Law Review
No abstract provided.
Ethics, Morality, And Professional Responsibility, Dallin H. Oaks
Ethics, Morality, And Professional Responsibility, Dallin H. Oaks
BYU Law Review
No abstract provided.