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Full-Text Articles in Law
Evil Has A New Name (And A New Narrative): Bernard Madoff, A. Christine Hurt
Evil Has A New Name (And A New Narrative): Bernard Madoff, A. Christine Hurt
Faculty Scholarship
No abstract provided.
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
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
Fair Housing And Roommates: Contesting A Presumption Of Constitutionality, Brooke Wright
Fair Housing And Roommates: Contesting A Presumption Of Constitutionality, Brooke Wright
BYU Law Review
No abstract provided.
Suboptimal Executive Privilege, Stephen C. N. Lilley
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
BYU Law Review
No abstract provided.
Clark Memorandum: Fall 2009, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School
Clark Memorandum: Fall 2009, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School
The Clark Memorandum
- Latter-day Saint Lawyers and the Public Square (Elder Quentin L. Cook)
- Originalist Roots of Substantive Due Process (Frederick Mark Gedicks)
- The Triumph of the Atonement (Elder Earl C. Tingey)
- The Heart of Lawyering (Kristin B. Gerdy)
The Knowledge Problem Of New Paternalism, Mario J. Rizzo, Douglas Glen Whitman
The Knowledge Problem Of New Paternalism, Mario J. Rizzo, Douglas Glen Whitman
BYU Law Review
No abstract provided.
Deliberative Constitutionalism, John J. Worley
The Swinging Pendulum Of Sentencing Reform: Political Actors Regulating District Court Discretion, Lydia Brashear Tiede
The Swinging Pendulum Of Sentencing Reform: Political Actors Regulating District Court Discretion, Lydia Brashear Tiede
Brigham Young University Journal of Public Law
No abstract provided.
Wielding The Double-Eded Sword: Creating The Perception Of A Chinese Enterprise To Obtain And Enforce Patent Protection In China, David A. Fazzolare
Wielding The Double-Eded Sword: Creating The Perception Of A Chinese Enterprise To Obtain And Enforce Patent Protection In China, David A. Fazzolare
Brigham Young University International Law & Management Review
No abstract provided.
Protecting The Appropriations Power: Why Congress Should Care About Settlements At The Department Of Justice, Todd David Peterson
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
Theories Of Poverty/The Poverty Of Theory, Barbara Stark
BYU Law Review
No abstract provided.
Clark Memorandum: Spring 2009, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School
Clark Memorandum: Spring 2009, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School
The Clark Memorandum
- Lawyers and the Rule of Law (James D. Gordon III)
- The Truth About Media Subpoenas (RonNell Anderson Jones)
- A Mother's Pace (Gwyn Goodson McNeal)
- Liberty, Civility, and Professionalism (Ming W. Chin)
- Leaders and Learning (Kim B. Clark)
The Sound Of Congressional Silence: Judicial Distortion Of The Legislative-Executive Balance Of Power, Matthew Baker
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
Reproducing Gender On Law School Faculties, Ann C. Mcginley
BYU Law Review
No abstract provided.
American Civil Religion: An Idea Whose Time Is Past, Frederick Mark Gedicks
American Civil Religion: An Idea Whose Time Is Past, Frederick Mark Gedicks
Faculty Scholarship
From the founding of the United States, Americans have understood loyalty to their country as a religious and not just a civic commitment. The idea of a 'civil religion' that defines the collective identity of a nation originates with Rousseau, and was adapted to the United States Robert Bellah, who suggested that a peculiarly American civil religion has underwritten government and civil society in the United States.
Leaving aside the question whether civil religion has ever truly unified all or virtually all Americans, I argue that it excludes too many Americans to function as such a unifying force in the …
Media Subpoenas: Impact, Perception, And Legal Protection In The Changing World Of American Journalism, Ronnell Andersen Jones
Media Subpoenas: Impact, Perception, And Legal Protection In The Changing World Of American Journalism, Ronnell Andersen Jones
Faculty Scholarship
Forty years ago, at a time when the media were experiencing enormous professional change and a surge of subpoena activity, First Amendment scholar Vincent Blasi investigated the perceptions of members of the press and the impact of subpoenas within American newsrooms in a study that quickly came to be regarded as a watershed in media law. That empirical information is now a full generation old, and American journalism faces a new critical moment. The traditional press once again finds itself facing a surge of subpoenas and once again finds itself at a time of intense change—albeit on a different trajectory—as …
Law(Makers) Of The Land: The Doctrine Of Treaty Non-Self-Execution, David H. Moore
Law(Makers) Of The Land: The Doctrine Of Treaty Non-Self-Execution, David H. Moore
Faculty Scholarship
No abstract provided.
Medellin, The Alien Tort Statute, And The Domestic Status Of International Law, David H. Moore
Medellin, The Alien Tort Statute, And The Domestic Status Of International Law, David H. Moore
Faculty Scholarship
No abstract provided.