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Articles 1 - 30 of 75
Full-Text Articles in Law
State Securities Enforcement, Andrew K. Jennings
State Securities Enforcement, Andrew K. Jennings
BYU Law Review
Each year, state securities regulators bring over twice the enforcement actions brought by the Securities and Exchange Commission, yet their work is largely missing from the literature. This Article provides an institutional account of state securities enforcement and identifies two key advantages — detection granularity and institutional decentralization — that states enjoy over their federal counterparts in policing localized frauds involving individual, often small-dollar, victims. Although states share enforcement jurisdiction with the SEC and DOJ, their enforcement activity reflects their institutional advantages and constraints and thus largely does not overlap with that of federal authorities. Instead, states serve as the …
Admitting A Wrong: Apology For The Historical Injustice Of The Dred Scott Case, Laura Kyte
Admitting A Wrong: Apology For The Historical Injustice Of The Dred Scott Case, Laura Kyte
BYU Law Review
No abstract provided.
Non-Consensual Disclosures, Nina Varsava
Non-Consensual Disclosures, Nina Varsava
BYU Law Review
In the course of biomedical research on humans — for example, flu, imaging, and genomic studies — researchers often uncover information about participants that is important to their health and wellbeing. In many cases, the information is not anticipated in advance, and participants did not consent to receiving it. This Article examines the law and policy governing human subjects research, focusing on the set of regulations known as the "Common Rule." I argue that human subjects researchers will often have strong ethical reason s to disclose results even when participants did not consent to the disclosure in advance. I also …
Corruption In University Admissions And The Administrative Allocation Of Scarce Goods, L. Burke Files, Roger E. Meiners, Andrew P. Morriss
Corruption In University Admissions And The Administrative Allocation Of Scarce Goods, L. Burke Files, Roger E. Meiners, Andrew P. Morriss
BYU Law Review
The Varsity Blues investigation uncovered a seamy side of university admissions. Multiple wealthy parents were indicted for securing their children s admission to selective institutions through bribery. Despite the publicity the indictments and guilty pleas received, and the public schadenfreude over the sight of celebrities being arrested, the investigation is most notable for what it did not do: it did not deploy the federal government's arsenal of anti-money laundering and anti-corruption tools against the universities involved. This represents a significant missed opportunity to address the serious problems that arise from rationing access to selective institutions via opaque, easily manipulated admissions …
Relational Enforcement Of Stock Exchange Rules, Geeyoung Min, Kwon-Yong Jin
Relational Enforcement Of Stock Exchange Rules, Geeyoung Min, Kwon-Yong Jin
BYU Law Review
Stock exchanges, as regulating entities supervised by the Securities and Exchange Commission (SEC), have wielded their rulemaking power on various corporate governance issues, ranging from the independent board committee requirement adopted in 2003 to the board diversity requirement approved in 2021. Simultaneously, as for-profit corporate entities, major stock exchanges have been competing against each other to attract and retain more companies. This dual status of stock exchanges — as regulators and as profit driven entities — brings into question the stock exchanges' incentive to enforce their own rules against listed companies. What happens if a listed company violates stock exchange …
Creating Oases Throughout America’S Food Deserts, Hannah M. Dahle
Creating Oases Throughout America’S Food Deserts, Hannah M. Dahle
BYU Law Review
No abstract provided.
A Symbol Of Unity: Freeing The Aboriginal Flag, Dominic Shaw
A Symbol Of Unity: Freeing The Aboriginal Flag, Dominic Shaw
BYU Law Review
No abstract provided.
Clark Memorandum: Fall 2021, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society
Clark Memorandum: Fall 2021, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society
The Clark Memorandum
- Truth, Civility, and Advocacy
- Cultivating a Deeper Faith in Jesus Christ
- Can Religion Be a Healing Force in Society?
- Navigating Life’s Uncertainties
Read on Issuu
The Byu Advocate, J. Reuben Clark Law School
The Byu Advocate, J. Reuben Clark Law School
The BYU Advocate (& Annual Reports)
"BYU Law recognizes the inherent dignity and equality of each individual and welcomes people from the full range of human experience. We are committed to the teachings of Jesus Christ and honor His many roles, including healer, peacemaker, mediator, counselor, advocate, lawgiver, and judge. In striving to emulate His example, we seek to be and develop people of integrity who combine faith and intellect in lifelong service to God and neighbor." – new Mission Statement
Now And Again: Reappraising Disability Leave As An Accommodation, Ryan H. Nelson
Now And Again: Reappraising Disability Leave As An Accommodation, Ryan H. Nelson
BYU Law Review
No abstract provided.
Strict Liability For The Information Age, Kevin Alden
Strict Liability For The Information Age, Kevin Alden
BYU Law Review
No abstract provided.
Wealth Transfer Tax Planning After The Tax Cuts And Jobs Act, John A. Miller, Jeffrey A. Maine
Wealth Transfer Tax Planning After The Tax Cuts And Jobs Act, John A. Miller, Jeffrey A. Maine
BYU Law Review
On December 17, 2017, Congress passed the Tax Cuts and Jobs Act (TCJA). Among its many impacts, the TCJA increased the inflation-adjusted estate tax basic exclusion amount to $10,000,000 on a temporary basis. This has dramatic implications for many existing and future estate plans, including a major crossover impact on income tax planning. In this Article, we explain the operation of the federal wealth transfer taxes (the estate tax, the gift tax, and the generation skipping transfer tax) in the wake of the TCJA and dissect the basic tax planning techniques for wealth transmission. The overall design of this Article …
Medical Device Artificial Intelligence: The New Tort Frontier, Charlotte A. Tschider
Medical Device Artificial Intelligence: The New Tort Frontier, Charlotte A. Tschider
BYU Law Review
The medical device industry and new technology start-ups have dramatically increased investment in artificial intelligence (AI) applications, including diagnostic tools and AI-enabled devices. These technologies have been positioned to reduce climbing health costs while simultaneously improving health outcomes. Technologies like AI-enabled surgical robots, AI-enabled insulin pumps, and cancer detection applications hold tremendous promise, yet without appropriate oversight, they will likely pose major safety issues. While preventative safety measures may reduce risk to patients using these technologies, effective regulatory-tort regimes also permit recovery when preventative solutions are insufficient.
The Food and Drug Administration (FDA), the administrative agency responsible for overseeing the …
Opt-In Arbitration: A Functional Alternative To The Fair Act, Garrett Meisman
Opt-In Arbitration: A Functional Alternative To The Fair Act, Garrett Meisman
BYU Law Review
No abstract provided.
Linguistic Estoppel: A Custodial Interrogation Subject’S Reliance On Traditional Language Customs When Facing Unknown Expectations For Legally Efficacious Speech, Taylor J. Smith
BYU Law Review
For various reasons, speakers often communicate indirectly, hiding their words’ true meaning beneath an apparent surface meaning. For example, a woman trying to brush off her co-worker’s date invitation might respond, “I have to prepare for a presentation tomorrow.” While the words’ surface meaning doesn’t relate to the date invitation, the hearer usually understands the underlying message—that is to say, the words’ function differs from their form. However, because the law’s language ideology requires directness and surface-level meaning, lay-speaking interrogation subjects often have difficulty effectively invoking their Miranda rights. Because the legal system’s search for determinacy often results in reliance …
Christian Dignity And The Overlapping Consensus, Frederick Mark Gedicks
Christian Dignity And The Overlapping Consensus, Frederick Mark Gedicks
BYU Law Review
This Article rejects arguments by Christian leaders, scholars, and others who lament the secularization of the West and urge Christian dignity as the foundation of universal human rights. It argues instead that only a secular conception of dignity free of Christian metaphysics can create an overlapping consensus in support of human rights.
Part I describes the roots of Christian dignity in medieval theology and status. Part II briefly recounts how the Renaissance and Enlightenment re-centered the end of dignity from knowing God to knowing oneself, while the Reformation's extension of original sin to the intellect left Catholicism as the primary …
The Rise And Fall Of Human Dignity, Nicholas Aroney
The Rise And Fall Of Human Dignity, Nicholas Aroney
BYU Law Review
No abstract provided.
Christian Accounts Of Religious Liberty: Two Views Of Conscience, Joel Harrison
Christian Accounts Of Religious Liberty: Two Views Of Conscience, Joel Harrison
BYU Law Review
No abstract provided.
Byu Law School Faculty Listing
Byu Law Review Subscription Information
Christianity, Human Rights, And Dignity: Squaring The Triangle, Brett Scharffs, Andrea Pin, Dmytro Vovk
Christianity, Human Rights, And Dignity: Squaring The Triangle, Brett Scharffs, Andrea Pin, Dmytro Vovk
BYU Law Review
No abstract provided.
Friends Of The Court: Christian Conservative Arguments On Human Dignity Before The U.S. Supreme Court And The European Court Of Human Rights, Pasquale Annicchino
Friends Of The Court: Christian Conservative Arguments On Human Dignity Before The U.S. Supreme Court And The European Court Of Human Rights, Pasquale Annicchino
BYU Law Review
No abstract provided.
Russian Symphonia Vs. Rule Of Law?, Mikhail Antonov
Russian Symphonia Vs. Rule Of Law?, Mikhail Antonov
BYU Law Review
No abstract provided.
Catholicism, Liberalism, And Populism, Andrea Pin, Luca P. Vanoni
Catholicism, Liberalism, And Populism, Andrea Pin, Luca P. Vanoni
BYU Law Review
No abstract provided.
Christian Faith-Based Organizations As Third Party Interveners At The European Court Of Human Rights, Eugenia Relaño Pastor
Christian Faith-Based Organizations As Third Party Interveners At The European Court Of Human Rights, Eugenia Relaño Pastor
BYU Law Review
No abstract provided.
Human Dignity Has No Borders: Respecting The Rights Of “People On The Move” And The Rights And Religious Freedom Of Those Who Aid Them, Christine M. Venter
Human Dignity Has No Borders: Respecting The Rights Of “People On The Move” And The Rights And Religious Freedom Of Those Who Aid Them, Christine M. Venter
BYU Law Review
No abstract provided.
Clark Memorandum: Spring 2021, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society
Clark Memorandum: Spring 2021, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society
The Clark Memorandum
- Rooting Out Racism
- How Do We Practice Our Religion While We Practice?
- Hope in Hardship
- The Unity Paradox