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Brigham Young University J. Reuben Clark Law School Research Paper Series

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Viewing: 1 - 50 of 453 papers

1.

Indigenous Resilience

Arizona Law Review (Forthcoming), BYU Law Research Paper No. 19-08
Number of pages: 65 Posted: 22 Mar 2019
Accepted Paper Series
Brigham Young University- J. Reuben Clark Law School
Downloads 23
2.

Cultivating Professional Identity and Resilience Through the Study of Federal Indian Law

2018 Brigham Young University Law Review 1429, BYU Law Research Paper No. 19-07
Number of pages: 23 Posted: 22 Mar 2019
Accepted Paper Series
Brigham Young University- J. Reuben Clark Law School
Downloads 23
3.

Is Transformative Use Eating the World?

61 Boston College Law Review (2020, Forthcoming), BYU Law Research Paper No. 19-06
Number of pages: 61 Posted: 01 Mar 2019 Last Revised: 19 Mar 2019
Accepted Paper Series
Brigham Young University - J. Reuben Clark Law School
Downloads 80
4.

The Private Equity Negotiation Myth

Yale Journal on Regulation, Forthcoming, BYU Law Research Paper No. 19-01
Number of pages: 44 Posted: 25 Feb 2019 Last Revised: 03 Mar 2019
Accepted Paper Series
Brigham Young University - J. Reuben Clark Law School
Downloads 33
5.

The Substance Over Form Doctrine and the Up-C

Virginia Tax Review, Vol. 38, No. 249, 2018, BYU Law Research Paper No. 19-02
Number of pages: 21 Posted: 15 Jan 2019 Last Revised: 07 Mar 2019
Accepted Paper Series
Brigham Young University - J. Reuben Clark Law School
Downloads 105
6.

To What Degree Does Customary International Law Require Accommodation of a Source Country's Right to Tax High, Tax Low or Not Tax at All?

A Commitment to Excellence: Essays in Honor of Emeritus Professor Gabriel A. Moens (2018); ISBN: 9781925826203, BYU Law Research Paper No. 19-03
Number of pages: 13 Posted: 20 Dec 2018 Last Revised: 07 Mar 2019
Accepted Paper Series
Brigham Young University - J. Reuben Clark Law School
Downloads 45
7.

Expanded Worldwide Versus Territorial Taxation After the TCJA

Tax Notes, Vol. 161, 2018, BYU Law Research Paper No. 19-04
Number of pages: 18 Posted: 19 Dec 2018 Last Revised: 19 Mar 2019
Accepted Paper Series
Brigham Young University - J. Reuben Clark Law School, University of Texas at Austin - School of Law and Harvard Law School
Downloads 100
8.

Original Meaning and the Establishment Clause: A Corpus Linguistic Analysis

Arizona Law Review, Vol. 61, 2019, BYU Law Research Paper No. 19-05
Number of pages: 60 Posted: 05 Dec 2018 Last Revised: 16 Mar 2019
Accepted Paper Series
BYU Law School, Brigham Young University and Harvard University, Law School, Students
Downloads 348
9.

Temporary Officers

George Mason Law Review, Forthcoming, BYU Law Research Paper
Number of pages: 19 Posted: 08 Nov 2018
Accepted Paper Series
Brigham Young University - J. Reuben Clark Law School
Downloads 29
10.

Class Action Squared: Multistate Actions and Agency Dilemmas

BYU Law Research Paper No. 18-21
Number of pages: 54 Posted: 03 Oct 2018
Accepted Paper Series
Brigham Young University - J. Reuben Clark Law School
Downloads 25
11.

How Did We End Up in a World Where Browsewraps are Enforced Even When They Waive All Consumer Rights?

Florida State University Law Review, forthdoming 2018
Number of pages: 5 Posted: 11 Sep 2018
Accepted Paper Series
Brigham Young University - J. Reuben Clark Law School
Downloads 64
12.

Engaging Legal Research Students Through Supplemental Readings from the Last Decade

26 Perspectives: Teaching Legal Research and Writing 67 (2018), BYU Law Research Paper No. 18-10
Number of pages: 6 Posted: 06 Sep 2018 Last Revised: 01 Feb 2019
Accepted Paper Series
Brigham Young University - J. Reuben Clark Law School
Downloads 94
13.

A(nother) New Plan for Clerkship Hiring

Judicature, Volume 102, Number 2, Summer 2018, 70-75, BYU Law Research Paper No. 18-08
Number of pages: 7 Posted: 23 Aug 2018
Accepted Paper Series
University of Chicago Law School and Brigham Young University - J. Reuben Clark Law School
Downloads 295
14.

Dialects of Art: A Corpus-Based Approach to Technical Term of Art Determinations in Statutes

Jurimetrics, Vol. 58, No. 4, 2018, BYU Law Research Paper No. 18-14
Number of pages: 34 Posted: 16 Aug 2018 Last Revised: 14 Sep 2018
Accepted Paper Series
Brigham Young University - J. Reuben Clark Law School
Downloads 26
15.

Courts As Instruments of Change in American Family Law: Realities, Benefits, Risks, and Limits

8 Iɴᴛ’ʟ. J. Jᴜʀɪs. Fᴀᴍ. 61 (2017).,
Number of pages: 18 Posted: 15 Aug 2018
Accepted Paper Series
Brigham Young University - J. Reuben Clark Law School
Downloads 7
16.

The Family: The Foundation of Human Rights

7 Iɴᴛ’ʟ. J. Jᴜʀɪs. Fᴀᴍ. 61 (2016).,
Number of pages: 30 Posted: 15 Aug 2018
Accepted Paper Series
Brigham Young University - J. Reuben Clark Law School
Downloads 5
17.

Taking Action to Protect and Promote Families: An International Initiative

5 Iɴᴛ’ʟ. J. Jᴜʀɪs. Fᴀᴍ. 1 (2014).,
Number of pages: 12 Posted: 15 Aug 2018
Accepted Paper Series
Brigham Young University - J. Reuben Clark Law School and Pontifical Catholic University of Argentina
Downloads 2
18.

Partnership Lost

University of Richmond Law Review (forthcoming 2019), BYU Law Research Paper No. 18-07
Number of pages: 59 Posted: 09 Aug 2018 Last Revised: 17 Sep 2018
Accepted Paper Series
Brigham Young University - J. Reuben Clark Law School
Downloads 92
19.

Introduction to the Research Handbook on Fiduciary Law

Research Handbook on Fiduciary Law, 2018, ISBN: 978-1-78471-483-3, BYU Law Research Paper No. 18-15
Number of pages: 12 Posted: 26 Jul 2018 Last Revised: 17 Sep 2018
Accepted Paper Series
Brigham Young University - J. Reuben Clark Law School and Brooklyn Law School
Downloads 46
20.

Leveraging Emerging Technology for LOAC Compliance

The Impact of Emerging Technologies on the Law of Armed Conflict (Eric Talbot Jensen & Ronald Alcala eds., Oxford University Press 2018 Forthcoming),, BYU Law Research Paper No. 18-17
Number of pages: 44 Posted: 13 Jul 2018 Last Revised: 19 Sep 2018
Accepted Paper Series
Brigham Young University School of Law and Brigham Young University, J. Reuben Clark Law School, Students
Downloads 30
21.

How Agencies Choose Whether to Enforce the Law: A Preliminary Investigation

Notre Dame Law Review, Vol. 93, No. 4, 2018, BYU Law Research Paper No. 18-06
Number of pages: 33 Posted: 27 Jun 2018
Accepted Paper Series
Brigham Young University - J. Reuben Clark Law School
Downloads 49
22.

The Use of Force and Cyber Countermeasures

32 Temple International & Comparative Law Journal 127 (2018), BYU Law Research Paper No. 18-18
Number of pages: 9 Posted: 19 Jun 2018 Last Revised: 02 Dec 2018
Accepted Paper Series
US Cyber Command and Brigham Young University School of Law
Downloads 125
23.

A Qualified Defense of Qualified Immunity

Notre Dame Law Review, Vol. 93, pp. 1853-1885, 2018, BYU Law Research Paper No. 18-20, Ohio State Public Law Working Paper No. 447
Number of pages: 34 Posted: 18 Jun 2018 Last Revised: 19 Sep 2018
Accepted Paper Series
Brigham Young University - J. Reuben Clark Law School and Ohio State University (OSU) - Michael E. Moritz College of Law
Downloads 375
24.

Just Environmentalism

37 Yale Law & Policy Review 1 (2018), BYU Law Research Paper No. 18-05
Number of pages: 93 Posted: 17 May 2018 Last Revised: 24 Jan 2019
Accepted Paper Series
Brigham Young University - J. Reuben Clark Law School, Brigham Young University- J. Reuben Clark Law School and Brigham Young University - J. Reuben Clark Law School
Downloads 53
25.

The Staff Study: An Integrative Management Tool for Law Libraries

90 L. Libr. J. 51 (1998)
Number of pages: 8 Posted: 17 May 2018
Accepted Paper Series
Brigham Young University - J. Reuben Clark Law School
Downloads 2
26.

Agency Legislative History

Emory Law Journal, Forthcoming, BYU Law Research Paper No. 18-13
Number of pages: 48 Posted: 05 May 2018 Last Revised: 16 Sep 2018
Accepted Paper Series
Brigham Young University - J. Reuben Clark Law School
Downloads 52
27.

Go Ahead and Google. Then Do a Subject-Based Search

46 Student Lawyer, Mar./Apr./May 2018, at 8., BYU Law Research Paper No. 18-11
Number of pages: 3 Posted: 17 Apr 2018 Last Revised: 14 Sep 2018
Accepted Paper Series
Brigham Young University - J. Reuben Clark Law School
Downloads 96
28.

Nonenforcement and the Dangers of Leveraging

Loyola University Chicago, Journal of Regulatory Compliance (2018 Forthcoming), BYU Law Research Paper No. 18-04
Number of pages: 12 Posted: 19 Mar 2018
Working Paper Series
Brigham Young University - J. Reuben Clark Law School
Downloads 64
29.

Saving Software's Fair Use Future

Harvard Journal of Law & Technology, Forthcoming, BYU Law Research Paper No. 18-19
Number of pages: 28 Posted: 13 Mar 2018 Last Revised: 19 Sep 2018
Accepted Paper Series
University of California, Berkeley - School of Law and Brigham Young University - J. Reuben Clark Law School
Downloads 82
30.

Patent Schisms

104 Iowa Law Review 45 (2018), BYU Law Research Paper No. 18-03
Number of pages: 48 Posted: 09 Mar 2018 Last Revised: 01 Dec 2018
Accepted Paper Series
Brigham Young University - J. Reuben Clark Law School
Downloads 63
31.

Amicus Brief of Scholars of Corpus Linguistics in Lucia v. SEC

Number of pages: 50 Posted: 08 Mar 2018
Working Paper Series
Brigham Young University - J. Reuben Clark Law School
Downloads 78
32.

Recovering Our Forgotten Preamble

91 S. Cal. L. Rev. 1021 (2018), BYU Law Research Paper No. 18-24
Number of pages: 119 Posted: 08 Mar 2018 Last Revised: 31 Oct 2018
Accepted Paper Series
Brigham Young University - J. Reuben Clark Law School and Brigham Young University - J. Reuben Clark Law School
Downloads 96
33.

The Supreme Court and the Memory of Evil

71 Stanford Law Review (forthcoming 2019), BYU Law Research Paper No. 18-22
Number of pages: 63 Posted: 06 Mar 2018 Last Revised: 03 Oct 2018
Accepted Paper Series
Brigham Young University - J. Reuben Clark Law School
Downloads 83
34.

Anti-Innovation Norms

Northwestern University Law Review, Forthcoming, Northwestern Law & Econ Research Paper No. 18-05, Northwestern Public Law Research Paper No. 18-06, BYU Law Research Paper No. 18-16
Number of pages: 72 Posted: 16 Feb 2018 Last Revised: 17 Sep 2018
Working Paper Series
Brigham Young University J. Reuben Clark Law School and Northwestern University School of Law
Downloads 128
35.

Congressional Power and Sovereignty in Indian Affairs

2018 Utah Law Review 307, BYU Law Research Paper No. 18-02
Number of pages: 39 Posted: 31 Jan 2018 Last Revised: 27 Jul 2018
Accepted Paper Series
Brigham Young University- J. Reuben Clark Law School
Downloads 239
36.

The Games They Will Play: Tax Games, Roadblocks, and Glitches Under the 2017 Tax Legislation

Minnesota Law Review, Vol. 103, 2018
Number of pages: 68 Posted: 28 Dec 2017 Last Revised: 14 Jul 2018
Accepted Paper Series
New York University School of Law, Indiana University Maurer School of Law, Ohio State University (OSU) - Michael E. Moritz College of Law, Fordham University School of Law, University of California, Davis - School of Law, University of Michigan Law School, New York University School of Law, Brigham Young University - J. Reuben Clark Law School, University of Chicago - Law School, New York University (NYU), Proskauer Rose LLP, New York University School of Law and University of California Hastings College of the Law
Downloads 36,932
37.

The Games They Will Play: Tax Games, Roadblocks, and Glitches under the House and Senate Tax Bills

Number of pages: 36 Posted: 13 Dec 2017 Last Revised: 14 Jul 2018
Working Paper Series
University of Michigan Law School, New York University School of Law, Brigham Young University - J. Reuben Clark Law School, Indiana University Maurer School of Law, Ohio State University (OSU) - Michael E. Moritz College of Law, University of Chicago - Law School, New York University School of Law, New York University (NYU), Fordham University School of Law, Proskauer Rose LLP, University of California, Davis - School of Law, New York University School of Law and University of California Hastings College of the Law
Downloads 58,788
38.

Stroke of the Pen, Law of the Land?

63 Rocky Mt. Min. L. Inst. 21-1 (2017), BYU Law Research Paper No. 17-31
Number of pages: 29 Posted: 11 Dec 2017
Accepted Paper Series
Brigham Young University - J. Reuben Clark Law School
Downloads 117
39.

The Architecture of Contract Innovation

Boston College Law Review, Forthcoming, BYU Law Research Paper No. 17-33
Number of pages: 74 Posted: 08 Dec 2017 Last Revised: 10 Jan 2018
Accepted Paper Series
Brigham Young University - J. Reuben Clark Law School
Downloads 134
40.

Optimal Ossification

George Washington Law Review, Vol. 86, No. 5, 2018, BYU Law Research Paper No. 17-30
Number of pages: 32 Posted: 30 Nov 2017
Working Paper Series
Brigham Young University - J. Reuben Clark Law School
Downloads 63
41.

The Reference Assistant

110 Law Library Journal 59 (2018), BYU Law Research Paper No. 17-29, University of Utah College of Law Research Paper No. 243
Number of pages: 35 Posted: 27 Nov 2017 Last Revised: 09 Oct 2018
Accepted Paper Series
Brigham Young University - J. Reuben Clark Law School and University of Utah - Library
Downloads 54
42.

Have You Ever Considered Becoming a Law Librarian?

46 Student Lawyer, Nov.-Dec. 2017, at 4, BYU Law Research Paper No. 18-12
Number of pages: 4 Posted: 17 Nov 2017 Last Revised: 07 Feb 2019
Accepted Paper Series
Brigham Young University - J. Reuben Clark Law School
Downloads 84
43.

Confessions of an 'Anti-Administrativist'

131 Harvard Law Review Forum, 2017, BYU Law Research Paper 17-28
Number of pages: 13 Posted: 14 Nov 2017 Last Revised: 27 Jan 2018
Accepted Paper Series
Brigham Young University - J. Reuben Clark Law School
Downloads 163
44.

Waivers, Exemptions, and Prosecutorial Discretion: An Examination of Agency Nonenforcement Practices

BYU Law Research Paper No. 17-27
Number of pages: 76 Posted: 03 Nov 2017
Working Paper Series
Brigham Young University - J. Reuben Clark Law School
Downloads 94
45.

It's a Wonderful Originalism! Lawrence Solum and the Thesis of Immaculate Recovery

DPCE [Diritto Pubblico Comparato ed Europeo] Online 31:3 (Oct. 2017), 653-60, BYU Law Research Paper No. 17-26
Number of pages: 8 Posted: 25 Oct 2017 Last Revised: 27 Jan 2018
Accepted Paper Series
Brigham Young University - J. Reuben Clark Law School
Downloads 96
46.

Incorporating a Minimum Tax in a Territorial System

157 Tax Notes 73 (2017), U of Texas Law, Public Law Research Paper, BYU Law Research Paper No. 18-01
Number of pages: 15 Posted: 04 Oct 2017 Last Revised: 12 Feb 2018
Accepted Paper Series
Brigham Young University - J. Reuben Clark Law School, University of Texas at Austin - School of Law and Harvard Law School
Downloads 129
47.

Deal Structure

Northwestern University Law Review, Vol. 112, No. 2, 2018, Rock Center for Corporate Governance at Stanford University Working Paper No. 231, University of Utah College of Law Research Paper No. 229, BYU Law Research Paper No. 17-32
Number of pages: 53 Posted: 29 Sep 2017 Last Revised: 13 Mar 2018
Accepted Paper Series
Stanford Law School and Brigham Young University - J. Reuben Clark Law School
Downloads 274
48.

Lawyers’ Abuse of Technology

103 Cornell L. Rev. 879 (2018), BYU Law Research Paper No. 17-25
Number of pages: 98 Posted: 18 Sep 2017 Last Revised: 25 Jun 2018
Accepted Paper Series
Brigham Young University - J. Reuben Clark Law School
Downloads 132
49.

The Meaning of the Three Emoluments Clauses in the U.S. Constitution: A Corpus Linguistic Analysis of American English, 1760-1799

South Texas Law Review, Vol. 59, No. 2, 2018, BYU Law Research Paper No. 18-23
Number of pages: 56 Posted: 17 Sep 2017 Last Revised: 13 Dec 2018
Accepted Paper Series
Stanford University - Constitutional Law Center and Brigham Young University - J. Reuben Clark Law School
Downloads 310
50.

Data-Driven Originalism

University of Pennsylvania Law Review, Forthcoming
Number of pages: 83 Posted: 14 Sep 2017 Last Revised: 24 Mar 2018
Working Paper Series
Government of the State of Utah - Utah Supreme Court and Stanford University - Constitutional Law Center
Downloads 295