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Articles 1 - 30 of 118
Full-Text Articles in Law
Dictionaries Fail: The Volcker Rule's Reliance On Definitions Renders It Ineffective And A New Solution Is Needed To Adequately Regulate Proprietary Trading, R. Rex Chatterjee
Dictionaries Fail: The Volcker Rule's Reliance On Definitions Renders It Ineffective And A New Solution Is Needed To Adequately Regulate Proprietary Trading, R. Rex Chatterjee
Brigham Young University International Law & Management Review
No abstract provided.
Coco Rising: Can The Emergence Of Novel Hybrid Securities Protect From Future Liquidity Crises?, Eric S. Halperin
Coco Rising: Can The Emergence Of Novel Hybrid Securities Protect From Future Liquidity Crises?, Eric S. Halperin
Brigham Young University International Law & Management Review
No abstract provided.
Akzo And The Debate On In-House Privilege In The European Union, Clinton R. Long
Akzo And The Debate On In-House Privilege In The European Union, Clinton R. Long
Brigham Young University International Law & Management Review
No abstract provided.
Sour Chocolate: The U.K. Takeover Panel's Improper Reaction To Kraft's Acquisition Of Cadbury, Michael R. Patrone
Sour Chocolate: The U.K. Takeover Panel's Improper Reaction To Kraft's Acquisition Of Cadbury, Michael R. Patrone
Brigham Young University International Law & Management Review
No abstract provided.
Addressing Global Climate Change In An Age Of Political Climate Change, Brigham Daniels
Addressing Global Climate Change In An Age Of Political Climate Change, Brigham Daniels
BYU Law Review
For a number of years, many within the environmental legal community have advocated an all-out attack strategy of forcing the United States to address climate change by bringing novel lawsuits under existing environmental laws. In 2007, with the seminal case of Massachusetts v. EPA, it appeared that those advocating this strategy had a winning game plan. That sense grew and solidified when the Obama Administration came to power. However, over the past several years, we have seen a countervailing movement embodied in a growing resentment towards EPA and climate change policy in general. This movement has mobilized into a powerful …
A Learning Collaboratory: Improving Federal Climate Change Adaptation Planning, Alejandro E. Camacho
A Learning Collaboratory: Improving Federal Climate Change Adaptation Planning, Alejandro E. Camacho
BYU Law Review
No abstract provided.
Environmental Crisis And The Paradox Of Organizing, Gregg P. Macey
Environmental Crisis And The Paradox Of Organizing, Gregg P. Macey
BYU Law Review
Public organizations, including those involved in contingency planning, have tremendous influence over the ultimate scale and scope of an environmental crisis. Yet our understanding of how organizational behavior can either rein in or exacerbate crises continues to lag behind advances in technology. This Article considers the role of public organizations in the blowout of the Macondo well in the Gulf of Mexico. Its theoretical lens is the “paradox of organizing,” a frame that I suggest should be applied to interorganizational responses to low-probability, high-consequence events. The struggle to differentiate tasks and subunits and then piece them together during moments of …
Reconstituting Land-Use Federalism To Address Transitory And Perpetual Disasters: The Bimodal Federalism Framework, Blake Hudson
Reconstituting Land-Use Federalism To Address Transitory And Perpetual Disasters: The Bimodal Federalism Framework, Blake Hudson
BYU Law Review
Scholars analyzing the intersection of federalism and disaster law and policy have primarily focused on the difficulties federalism poses for interjurisdictional coordination of disaster response. Though scholars have highlighted that rising disaster risks and costs are associated with “land-use planning that exacerbates, rather than mitigates, disaster risk,” a more holistic analysis of land-use-related disaster law and policy is needed. This Article provides a more comprehensive framework within which to analyze prospective mitigation or prevention of disaster risk and costs through a rebalancing—or reconstituting—of the respective roles of the federal and state governments in land-use planning. The federal government does not …
Adaptive Mitigation In The Electric Power Sector, Lesley K. Mcallister
Adaptive Mitigation In The Electric Power Sector, Lesley K. Mcallister
BYU Law Review
No abstract provided.
Official Maps And The Regulatory Takings Problem: A Legislative Solution, Trent Andrews
Official Maps And The Regulatory Takings Problem: A Legislative Solution, Trent Andrews
BYU Law Review
No abstract provided.
Smart Growth In Dumb Places: Sustainability, Disaster, And The Future Of The American City, Lisa Grow Sun
Smart Growth In Dumb Places: Sustainability, Disaster, And The Future Of The American City, Lisa Grow Sun
BYU Law Review
One of the many lessons of the recent earthquake and tsunami in Japan is that we cannot mitigate disaster risk through building codes and other structural solutions alone. Location is key to a community’s natural hazard vulnerability. Consequently, the most far-reaching and important question for disaster mitigation today is where we will channel the growth that will be needed to accommodate our expanding population. Yet, both environmental scholars and policymakers are promoting sustainability initiatives that will channel our country’s future growth into existing urban areas that are already extremely vulnerable to disaster. Indeed, many of these policies - and the …
Unexplained Fractures In Infants And Child Abuse: The Case For Requiring Bone-Density Testing Before Convicting Caretakers, Matt Seeley
BYU Law Review
No abstract provided.
Beyond Fukushima: Disasters, Nuclear Energy, And Energy Law, Lincoln L. Davies
Beyond Fukushima: Disasters, Nuclear Energy, And Energy Law, Lincoln L. Davies
BYU Law Review
No abstract provided.
Navigating The Intersection Of Environmental Law And Disaster Law, Daniel Farber
Navigating The Intersection Of Environmental Law And Disaster Law, Daniel Farber
BYU Law Review
In an environmental disaster, a disaster causes environmental harm, or an environmental change causes an acute risk to humans, or a combination of both takes place. Examples include the BP oil spill, the London killer fog of 1952, the 2003 European heat wave, and the 2011 Japanese tsunami. Climate change will intensify the connection between disaster issues and the environment. Given the interwoven nature of disasters and the environment, we should consider what environmental law and disaster law can learn from each other. Environmental law has the most to teach disaster law about risk management and prevention. Disaster law, in …
Legal Remedies For Deep Marine Oil Spills And Long-Term Ecological Resilience: A Match Made In Hell, Robin Kundis Craig
Legal Remedies For Deep Marine Oil Spills And Long-Term Ecological Resilience: A Match Made In Hell, Robin Kundis Craig
BYU Law Review
The Deepwater Horizon oil spill that lasted from April to September 2010 was not only the worst oil spill disaster in United States history, but also the first to occur at great depth. Drilling at great depth multiplies the risks and complications of offshore oil extraction. It also, as this Article explores, makes natural resource damages a decisively inadequate remedy for the injuries done to the Gulf of Mexico’s (the “Gulf”) ecosystems, especially the poorly understood but highly productive ecosystems that exist almost a mile below the surface. This Article argues that our current natural resource damages regimes for oil …
Adapting To Climate Change While Planning For Disaster: Footholds, Rope Lines, And The Iowa Floods, Robert R.M. Verchick, Abby Hall
Adapting To Climate Change While Planning For Disaster: Footholds, Rope Lines, And The Iowa Floods, Robert R.M. Verchick, Abby Hall
BYU Law Review
No abstract provided.
Challenging The Executive: The Constitutionality Of Congressional Regulation Of The President's Wartime Detention Policies, William M. Hains
Challenging The Executive: The Constitutionality Of Congressional Regulation Of The President's Wartime Detention Policies, William M. Hains
BYU Law Review
No abstract provided.
The New Resident Evil? State Regulation Of Violent Video Games And The First Amendment, James Dunkelberger
The New Resident Evil? State Regulation Of Violent Video Games And The First Amendment, James Dunkelberger
BYU Law Review
No abstract provided.
Hydraulic Fracturing And "Spotty" Regulation: Why The Federal Government Should Let States Control Unconventional Onshore Drilling, Matt Willie
BYU Law Review
No abstract provided.
Humanitarian Law Project And The Supreme Court's Construction Of Terrorism, Wadie E. Said
Humanitarian Law Project And The Supreme Court's Construction Of Terrorism, Wadie E. Said
BYU Law Review
No abstract provided.
State Mandated Disability Insurance As Salve To The Consumer Bankruptcy Imbroglio, Alena Allen
State Mandated Disability Insurance As Salve To The Consumer Bankruptcy Imbroglio, Alena Allen
BYU Law Review
From Main Street to Wall Street, Americans are hurting. In 2009, over 1.4 million families filed for bankruptcy. Researchers examining the causes of bankruptcy discovered that as many as sixty-two percent of all bankruptcies were precipitated by a medical crisis. Because many Americans are living paycheck to paycheck and lack disability insurance, when a medical crisis strikes, bank accounts are quickly depleted by the amalgam of high medical bills and lost wages. Disability insurance provides needed wage replacement when a worker is unable to work due to an illness or injury. This Article presents the case for statemandated disability insurance …
Adverse Publicity By Administrative Agencies In The Internet Era, Nathan Cortez
Adverse Publicity By Administrative Agencies In The Internet Era, Nathan Cortez
BYU Law Review
Nearly forty years ago, Ernest Gellhorn documented the potentially devastating impact that can occur when federal agencies issue adverse publicity about private parties. Based on his article, the Administrative Conference of the United States recommended that courts, Congress, and agencies hold agencies to clear standards for issuing such publicity. In the decades since, some agencies have adopted standards, but most have not, and neither the courts nor Congress has intervened to impose standards. Today, agencies continue to use countless forms of publicity to pressure alleged regulatory violators and to amplify their overall enforcement powers—all without affording due process or other …
Regulation, "Republican Moments," And Energy Policy Reform, David B. Spence
Regulation, "Republican Moments," And Energy Policy Reform, David B. Spence
BYU Law Review
No abstract provided.
Moral Mandate Or Personal Preference? Possible Avenues For Accommodation Of Civil Servants Morally Opposed To Facilitating Same-Sex Marriage, Matthew Chandler
Moral Mandate Or Personal Preference? Possible Avenues For Accommodation Of Civil Servants Morally Opposed To Facilitating Same-Sex Marriage, Matthew Chandler
BYU Law Review
No abstract provided.
Letting The Legislature Decide: Why The Court's Use Of In Loco Parentis Ought To Be Praised, Not Condemned, Tyler Stoehr
Letting The Legislature Decide: Why The Court's Use Of In Loco Parentis Ought To Be Praised, Not Condemned, Tyler Stoehr
BYU Law Review
No abstract provided.
Creditors' Contempt, Lea Shepard
Creditors' Contempt, Lea Shepard
BYU Law Review
This Article takes a fresh look at the power of courts and creditors to force debtors to repay their obligations through in personam collection techniques. Variously known as “debtor’s examinations,” “turnover orders,” “citations to discover assets,” “supplementary proceedings,” “proceedings supplementary,” and “proceedings in aid of execution,” in personam remedies force the debtor, under threat of the court’s contempt authority, to turn over money or property directly to a creditor. Because the exercise of the court’s contempt authority can result in a debtor’s imprisonment, in personam techniques have long been regarded as a critical but potentially very coercive arrow in a …
Coalition And Hegemony: Religion's Role In The Progress Of Modernization In Reformed China, Zeng Chuanhui
Coalition And Hegemony: Religion's Role In The Progress Of Modernization In Reformed China, Zeng Chuanhui
BYU Law Review
No abstract provided.
Freedom Of Expression And Religious Sensitivities In Pluralist Societies: Facing The Challenge Of Extreme Speech, Jeroen Temperman
Freedom Of Expression And Religious Sensitivities In Pluralist Societies: Facing The Challenge Of Extreme Speech, Jeroen Temperman
BYU Law Review
No abstract provided.