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Computer Attacks On Critical National Infrastructure: A Use Of Force Invoking The Right Of Self-Defense, Eric Talbot Jensen Dec 2002

Computer Attacks On Critical National Infrastructure: A Use Of Force Invoking The Right Of Self-Defense, Eric Talbot Jensen

Faculty Scholarship

Computer networks create tremendously increased capabilities but also represent equally increased vulnerabilities. These vulnerabilites are especially acute in relation to potential attacks on critical national infrasturucture. This Article proposes that international law must evolve to recognize that attacks against a nation's critical national infrastructure from any source constitute a use of force. Such attacks, therefore, give the victim state the right to proportional self-defense - including anticipatory self-defense - even if the computer network attack is not an armed attack under Article 51 of the United Nations Charter. Due to the instantaneous nature of computer network attacks, the right to …


Network Effects And Legal Citation: How Antitrust Theory Predicts Who Will Build A Better Bluebook Mousetrap In The Age Of Electronic Mice, A. Christine Hurt Dec 2002

Network Effects And Legal Citation: How Antitrust Theory Predicts Who Will Build A Better Bluebook Mousetrap In The Age Of Electronic Mice, A. Christine Hurt

Faculty Scholarship

No abstract provided.


The Critical Resource Theory Of Fiduciary Duty, D. Gordon Smith Nov 2002

The Critical Resource Theory Of Fiduciary Duty, D. Gordon Smith

Faculty Scholarship

This Article proposes a new theory to unify the law of fiduciary duty. The prevailing view holds that fiduciary law is atomistic, arising for varied reasons in established categories of cases (such as trustee-beneficiary and director-shareholder) and ad hoc in relationships where one person trusts another and becomes vulnerable to harm as a result. By contrast, the critical resource theory of fiduciary duty holds that every relationship properly designated as fiduciary conforms to the following pattern: one party (the fiduciary) acts on behalf of another party (the beneficiary) while exercising discretion with respect to a critical resource belonging to the …


Unmeasured Factors Of Success, John K. Carmack Oct 2002

Unmeasured Factors Of Success, John K. Carmack

Vol. 1: Answering God's Interrogatories

This fireside address was given at the BYU Law School on March 10, 1996.


Satisfaction In The Law, David G. Campbell Oct 2002

Satisfaction In The Law, David G. Campbell

Vol. 1: Answering God's Interrogatories

This address was given at the BYU Law School awards ceremony on March 25, 1993.


Professional Service As A Christian Ministry, Carl S. Hawkins Oct 2002

Professional Service As A Christian Ministry, Carl S. Hawkins

Vol. 1: Answering God's Interrogatories

This address was given to the entering class at the BYU Law School on August 22, 1981.


The Challenge: Basing Your Career On Principles, Alexander B. Morrison Oct 2002

The Challenge: Basing Your Career On Principles, Alexander B. Morrison

Vol. 1: Answering God's Interrogatories

This address was given to the Edmonton, Alberta Chapter of the J. Reuben Clark Law Society on February 26, 1999.


Duty To Rescue: The Case Of The Good-Enough Samaritan, Tessa Meyer Santiago Oct 2002

Duty To Rescue: The Case Of The Good-Enough Samaritan, Tessa Meyer Santiago

Vol. 1: Answering God's Interrogatories

Reprinted from The Restored Gospel and Applied Christianity: Student Essays in Honor of President David O. McKay, 1999, 71-81, and the Clark Memorandum, Spring 2001, 26-31.


Lawyers And The Atonement, Thomas B. Griffith Oct 2002

Lawyers And The Atonement, Thomas B. Griffith

Vol. 1: Answering God's Interrogatories

This BYU–Hawaii Presidential Lecture was given in Laie, Hawaii on March 23, 2000.


Acknowledgments: Life In The Law: Answering God's Interrogatories, William F. Atkin Oct 2002

Acknowledgments: Life In The Law: Answering God's Interrogatories, William F. Atkin

Vol. 1: Answering God's Interrogatories

On behalf of the J. Reuben Clark Law Society, I want to thank a long list of individuals who have helped this publication move from wonderful musings to reality. Life in the Law began some time ago as we recognized the quality and staying power of talks given and articles written for LDS attorneys and law students. Over the years, these pieces have brought perspective, balance and peace to busy professionals. To extend that positive effect, we wanted to bring a collection of them together, under one cover, as a ready reference and a thoughtful addition to personal libraries.


Integrity: The Evidence Within, Neal A. Maxwell Oct 2002

Integrity: The Evidence Within, Neal A. Maxwell

Vol. 1: Answering God's Interrogatories

This address was given at the BYU Law School Alumni Dinner on October 23, 1992.


Preface: Life In The Law: Answering God's Interrogatories, H. Reese Hansen Oct 2002

Preface: Life In The Law: Answering God's Interrogatories, H. Reese Hansen

Vol. 1: Answering God's Interrogatories

This book contains a prized collection of exceptional essays by thoughtful men and women who have examined things that matter most in both their professional and private lives. Most of these pieces were first published in the Clark Memorandum, the J. Reuben Clark Law School alumni magazine. A few are from other sources. All of them address important questions about the experience of being a Christian attorney.


Balance, Robert L. Backman Oct 2002

Balance, Robert L. Backman

Vol. 1: Answering God's Interrogatories

This fireside address was given at the BYU Law School on March 24, 1991.


Fundamentals And Initiatives, Russell M. Nelson Oct 2002

Fundamentals And Initiatives, Russell M. Nelson

Vol. 1: Answering God's Interrogatories

This fireside address was given at the BYU Law School on March 18, 1990.


Confirm Thy Soul In Self-Control, D. Todd Christofferson Oct 2002

Confirm Thy Soul In Self-Control, D. Todd Christofferson

Vol. 1: Answering God's Interrogatories

This address was given to the Orange County and Los Angeles County Chapters of the J. Reuben Clark Law Society on September 29 and 30, 2000.


Soldiers Of The Spirit, Lance B. Wickman Oct 2002

Soldiers Of The Spirit, Lance B. Wickman

Vol. 1: Answering God's Interrogatories

This fireside address was given at the BYU Law School on March 12, 1995.


Truth: A Shield To Memory, Marion D. Hanks Oct 2002

Truth: A Shield To Memory, Marion D. Hanks

Vol. 1: Answering God's Interrogatories

This fireside address was given at the BYU Law School on November 19, 1989.


Lawyer As Policy Maker, Rex E. Lee Oct 2002

Lawyer As Policy Maker, Rex E. Lee

Vol. 1: Answering God's Interrogatories

This convocation address was given to the charter class of the BYU Law School on April 23, 1976.


Just Lawyers, Ralph R. Mabey Oct 2002

Just Lawyers, Ralph R. Mabey

Vol. 1: Answering God's Interrogatories

This Discovery Week fireside was given at the BYU Law School on November 14, 1999.


A Christ-Like Attitude, Marion G. Romney Oct 2002

A Christ-Like Attitude, Marion G. Romney

Vol. 1: Answering God's Interrogatories

This convocation address was given at the BYU Law School on April 24, 1981.


Answering God’S Interrogatories, Marlin K. Jensen Oct 2002

Answering God’S Interrogatories, Marlin K. Jensen

Vol. 1: Answering God's Interrogatories

This convocation address was given April 25, 1997, when Elder Jensen’s son, Matthew, graduated from the BYU Law School.


The Study And Practice Of The Laws Of Men In Light Of The Laws Of God, James E. Faust Oct 2002

The Study And Practice Of The Laws Of Men In Light Of The Laws Of God, James E. Faust

Vol. 1: Answering God's Interrogatories

This fireside address was given at the BYU Law School on November 22, 1987.


First Things First, Michael W. Mosman Oct 2002

First Things First, Michael W. Mosman

Vol. 1: Answering God's Interrogatories

This stake fireside address was given to University of Idaho and Washington State University graduate students in October 1992.


Bridges, Dallin H. Oaks Oct 2002

Bridges, Dallin H. Oaks

Vol. 1: Answering God's Interrogatories

This fireside address was given at the BYU Law School on February 8, 1987.


Weightier Matters, Dallin H. Oaks Oct 2002

Weightier Matters, Dallin H. Oaks

Vol. 1: Answering God's Interrogatories

This devotional address was given to the BYU student body on February 9, 1999.


Pure Religion, Stephen A. West Oct 2002

Pure Religion, Stephen A. West

Vol. 1: Answering God's Interrogatories

This address was given on May 24, 1994 to graduates of the BYU Law School who had come to Washington, D.C. to be admitted to practice before the U.S. Supreme Court on the following day.


Professionalism, Bruce C. Hafen Oct 2002

Professionalism, Bruce C. Hafen

Vol. 1: Answering God's Interrogatories

This address was given to the charter class of the BYU Law School on August 30, 1973 (four days after the first opening of the school).


The Ethical Professional: Consecration In The Workplace, Constance K. Lundberg Oct 2002

The Ethical Professional: Consecration In The Workplace, Constance K. Lundberg

Vol. 1: Answering God's Interrogatories

This Honors Devotional was given at BYU on February 7, 1996.


Apostles Of Equality, Kenneth R. Wallentine Oct 2002

Apostles Of Equality, Kenneth R. Wallentine

Vol. 1: Answering God's Interrogatories

This article reprinted from the Clark Memorandum, Fall 1992, 2-4, 6-9.


State Of Utah V. Richard M. Eldredge : Reply Brief, Utah Court Of Appeals Jan 2002

State Of Utah V. Richard M. Eldredge : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Reply to petition for rehearing.