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Full-Text Articles in Law

The Shareholder Primacy Norm, D. Gordon Smith Dec 1998

The Shareholder Primacy Norm, D. Gordon Smith

Faculty Scholarship

Corporate directors have a fiduciary duty to make decisions in the best interests of the shareholders. This aspect of fiduciary duty is often called the shareholder primacy norm. Legal scholars generally assume that the shareholder primacy norm is a major factor considered by boards of directors of publicly traded corporations in making ordinary business decisions and that changing the shareholder primacy norm would have an effect on the substance of those decisions. This Article challenges this view and argues that the shareholder primacy norm was never equipped to mediate conflicts between shareholders and nonshareholder constituencies of a corporation. The origins …


Clark Memorandum: Winter 1998, J. Reuben Clark Law Society, J. Reuben Clark Law School Dec 1998

Clark Memorandum: Winter 1998, J. Reuben Clark Law Society, J. Reuben Clark Law School

The Clark Memorandum


The Character Evidence Rule Revisited, Kenneth J. Melilli Nov 1998

The Character Evidence Rule Revisited, Kenneth J. Melilli

BYU Law Review

No abstract provided.


The Dissolution Of Core Values: Development Of Crime And Society In Postwar Scandinavia With An Emphasis On Norwegian Circumstances, Georg Fr. Rieber-Mohn Nov 1998

The Dissolution Of Core Values: Development Of Crime And Society In Postwar Scandinavia With An Emphasis On Norwegian Circumstances, Georg Fr. Rieber-Mohn

BYU Law Review

No abstract provided.


Www.International_Shoe.Com: Analyzing Weber V. Jolly Hotel's Paradigm For Personal Jurisdiction In Cyberspace, Russell D. Shurtz Nov 1998

Www.International_Shoe.Com: Analyzing Weber V. Jolly Hotel's Paradigm For Personal Jurisdiction In Cyberspace, Russell D. Shurtz

BYU Law Review

No abstract provided.


Are We Ready For Mediation In Cyberspace?, Joel B. Eisen Nov 1998

Are We Ready For Mediation In Cyberspace?, Joel B. Eisen

BYU Law Review

No abstract provided.


The Second Amendment In The Nineteenth Century, David B. Kopel Nov 1998

The Second Amendment In The Nineteenth Century, David B. Kopel

BYU Law Review

No abstract provided.


Auto-Owners Insurance Co. V. Harrington: Resisting The Impulse To Judicially Rewrite Exclusion Clauses, D. Heath Bailey Nov 1998

Auto-Owners Insurance Co. V. Harrington: Resisting The Impulse To Judicially Rewrite Exclusion Clauses, D. Heath Bailey

BYU Law Review

No abstract provided.


Table Of Contents Nov 1998

Table Of Contents

BYU Law Review

No abstract provided.


The Contract For Deed As A Mortgage: The Case For The Restatement Approach, Grant S. Nelson Sep 1998

The Contract For Deed As A Mortgage: The Case For The Restatement Approach, Grant S. Nelson

BYU Law Review

No abstract provided.


Enforcement Of Acceleration Provisions And The Rhetoric Of Good Faith, R. Wilson Freyermuth Sep 1998

Enforcement Of Acceleration Provisions And The Rhetoric Of Good Faith, R. Wilson Freyermuth

BYU Law Review

No abstract provided.


A Uniform Approach For Determining Arranger Liability Under Cercla, Maralyn Milne Reger Sep 1998

A Uniform Approach For Determining Arranger Liability Under Cercla, Maralyn Milne Reger

BYU Law Review

No abstract provided.


Completing Klehr V. A.O. Smith Corp., And Resolving The Oddity And Lingering Questions Of Civil Rico Statute Of Limitations Accrual, Marcus R. Mumford Sep 1998

Completing Klehr V. A.O. Smith Corp., And Resolving The Oddity And Lingering Questions Of Civil Rico Statute Of Limitations Accrual, Marcus R. Mumford

BYU Law Review

No abstract provided.


Children, Parents, And Nonparents: Protected Interests And Legal Standards, Eric G. Andersen Sep 1998

Children, Parents, And Nonparents: Protected Interests And Legal Standards, Eric G. Andersen

BYU Law Review

No abstract provided.


Third-Party Defenses To Mortgages, Ann M. Burkhart Sep 1998

Third-Party Defenses To Mortgages, Ann M. Burkhart

BYU Law Review

No abstract provided.


Reforming The Law: The Payment Rule As A Paradigm, Dale A. Whitman Sep 1998

Reforming The Law: The Payment Rule As A Paradigm, Dale A. Whitman

BYU Law Review

No abstract provided.


An Alternative Approach To The Fourth Amendment In Public Schools: Balancing Students' Rights With School Safety, J. Chad Mitchell Sep 1998

An Alternative Approach To The Fourth Amendment In Public Schools: Balancing Students' Rights With School Safety, J. Chad Mitchell

BYU Law Review

No abstract provided.


Table Of Contents Sep 1998

Table Of Contents

BYU Law Review

No abstract provided.


Venture Capital Contracting In The Information Age, D. Gordon Smith Jul 1998

Venture Capital Contracting In The Information Age, D. Gordon Smith

Faculty Scholarship

Most venture capitalists provide services to their portfolio companies beyond capital investment. Although these services form an important part of the bargain between the venture capitalists and the entrepreneur, they are rarely specified or even capable of specification in venture capital contracts. This article examines the moral hazard and adverse selection problems facing entrepreneurs who hire venture capitalists to provide value-added services and describes the role of the market for venture capitalist reputation in addressing those problems. Further, the Article speculates about whether advances in information technology - specifically, the World Wide Web - are likely to improve the efficiency …


Understanding Chinese-U.S. Conflict Over Freedom Of Religion: The Wolf-Specter Freedom From Religious Persecution Acts Of 1997 And 1998, Darin W. Carlson May 1998

Understanding Chinese-U.S. Conflict Over Freedom Of Religion: The Wolf-Specter Freedom From Religious Persecution Acts Of 1997 And 1998, Darin W. Carlson

BYU Law Review

No abstract provided.


The Evolution Of Religious Beliefs In A Constitutional Text, Alfredo Quispe Correa May 1998

The Evolution Of Religious Beliefs In A Constitutional Text, Alfredo Quispe Correa

BYU Law Review

No abstract provided.


The Contemporary Form Of Registering Religious Entities In Spain, Rosa Maria Martinez De Codes May 1998

The Contemporary Form Of Registering Religious Entities In Spain, Rosa Maria Martinez De Codes

BYU Law Review

No abstract provided.


Relations With Religious Minorities: The Spanish Model, Alberto De La Hera May 1998

Relations With Religious Minorities: The Spanish Model, Alberto De La Hera

BYU Law Review

No abstract provided.


The Relationship Of Religious Liberty To Civil Liberty And A Democratic State, James E. Wood Jr. May 1998

The Relationship Of Religious Liberty To Civil Liberty And A Democratic State, James E. Wood Jr.

BYU Law Review

No abstract provided.


In Re Young: A Correct But Unnecessary Constitutional Decision, David Lynn Mortensen May 1998

In Re Young: A Correct But Unnecessary Constitutional Decision, David Lynn Mortensen

BYU Law Review

No abstract provided.


Religious Human Rights In Global Perspective: Legal Perspectives, Jason M. Waite May 1998

Religious Human Rights In Global Perspective: Legal Perspectives, Jason M. Waite

BYU Law Review

No abstract provided.


Young V. Bayer Corp.: When Is Notice Of Sexual Harassment To An Employee Notice To The Employer?, Stanford Edward Purser May 1998

Young V. Bayer Corp.: When Is Notice Of Sexual Harassment To An Employee Notice To The Employer?, Stanford Edward Purser

BYU Law Review

No abstract provided.


Table Of Contents May 1998

Table Of Contents

BYU Law Review

No abstract provided.


Traditional Values, Governmental Values, And Religious Conflict In Contemporary India, Robert D. Baird May 1998

Traditional Values, Governmental Values, And Religious Conflict In Contemporary India, Robert D. Baird

BYU Law Review

No abstract provided.


External Monitoring Of Domestic Religious Liberties, Michael Young May 1998

External Monitoring Of Domestic Religious Liberties, Michael Young

BYU Law Review

No abstract provided.