The Failure of Market Efficiency, William Magnuson
BYU Law Review

Gender, Credentials, and M&A, Tracey E. George, Mitu Gulati, Albert Yoon
BYU Law Review

The Original “Market” Understanding of the Commerce Clause: Insights from Early Federal Government Practice and Precedent, Robert J. Pushaw Jr.
BYU Law Review

Nontraditional Investors, Jennifer S. Fan
BYU Law Review

Corporate Purpose and the Separation of Powers, Benjamin T. Seymour
Brigham Young University Journal of Public Law

Strict Liability for the Information Age, Kevin Alden
BYU Law Review

Clark Memorandum: Spring 2020, J. Reuben Clark Law School, BYU Law School Alumni Association, J. Reuben Clark Law Society
The Clark Memorandum

The Importance of Inferior Voting Rights in Dual-Class Firms, Dov Solomon
BYU Law Review

Spotify’s Direct Listing and Foreign Private Issuers: Protecting Investors When Foreign Private Issuers List on a U.S. Exchange but Not on Their Home Exchange, Tayler Tanner
BYU Law Review

Business Organizations: Cases, Problems, and Case Studies, 4th Edition, Cynthia Williams, D. Gordon Smith
D. Gordon Smith

Sovereign Resilience: Reviving Private-Sector Economic Institutions in Indian Country, Robert J. Miller
BYU Law Review

Center-Left Politics and Corporate Governance: What is the "Progressive" Agenda?, Christopher M. Bruner
BYU Law Review

Experience, Contractual Covenants and Venture Capitalists' Responses to Unmet Expectations, Annaleena Parhankangas, Hans Landström, D. Gordon Smith
D. Gordon Smith

Holding Investment Bankers Liable for Aiding and Abetting Corporate Directors: The Under-deterrent, Maren Worley
Brigham Young University Journal of Public Law

Entrepreneurs on Horseback: Reflections on the Organization of Law, Darian M. Ibrahim, D. Gordon Smith
D. Gordon Smith

CEO Side Payments in Mergers and Acquisitions, Brian Broughman
BYU Law Review

Inversions, Related Party Expenditures, and Source Taxation: Changing the Paradigm for the Taxation of Foreign and Foreign-Owned Businesses, Julie A. Roin
BYU Law Review

Competitiveness, Tax Base Erosion, and the Essential Dilemma of Corporate Tax Reform, Kimberly A. Clausing
BYU Law Review

Defending Worldwide Taxation With A Shareholder-Based Definition Of Corporate Residence, J. Clifton Fleming Jr., Robert J. Peroni, Stephen E. Shay
BYU Law Review

The Hostile Poison Pill, A. Christine Hurt
Faculty Scholarship

The Principle of Subsidiarity and the Law of the Family Business, Scott FitzGibbon
Brigham Young University Journal of Public Law

Freedom of Corporate Purpose, George A. Mocsary
BYU Law Review

Family Law and Entrepreneurial Action, D. Gordon Smith
Faculty Scholarship

Firms and Fiduciaries, D. Gordon Smith
Faculty Scholarship

Debate: Saving the World with Corporate Law?, Kent Greenfield, D. Gordon Smith
D. Gordon Smith

Chancellor Allen and the Fundamental Question, D. Gordon Smith
D. Gordon Smith

Pricing Disintermediation: Crowdfunding and Online Auction IPOs, A. Christine Hurt
Faculty Scholarship

The Limited Liability Partnership in Bankruptcy, A. Christine Hurt
Faculty Scholarship

Alternative Entities and Fiduciary Duty Waivers in Delaware, Michael Despres
BYU Law Review

The Social Relations of Consumption: Corporate Law and the Meaning of Consumer Culture, David G. Yosifon
BYU Law Review

The Modern Business Judgment Rule, D. Gordon Smith
Faculty Scholarship

Corporate-School Partnerships and Neoliberal Influences on Students as Future Participants in the Labor Market, Adriane Kayoko Peralta
Brigham Young University Education and Law Journal

G8 Principles: Identifying the Anonymous, Max Biedermann
Brigham Young University International Law & Management Review

Surveillant and Counselor: A Reorientation in Compliance for Broker-Dealers, James A. Fanto
BYU Law Review

Shareholder Activism as a Corrective Mechanism in Corporate Governance, Paul Rose, Bernard S. Sharfman
BYU Law Review

Aligning Corporate and Community Interests: From Abominable to Symbiotic, Barnali Choudhury
BYU Law Review

Rethinking the Dormant Commerce Clause: The Supreme Court as Catalyst for Spurring Legislative Gridlock in State Income Tax Reform, Brian L. Hazen
BYU Law Review

The Chapter 11 Efficiency Fallacy, Diane Lourdes Dick
BYU Law Review

Corporate Governance in China: How Does the State Influence its Own Enterprises?, Kan Zhang
Brigham Young University International Law & Management Review

The End of Shareholder Litigation? Allowing Shareholders to Customize Enforcement Through Arbitration Provisions in Charters and Bylaws, Paul Weitzel
BYU Law Review

Law and Entrepreneurial Opportunities, D. Gordon Smith, Darian M. Ibrahim
Faculty Scholarship

Mutiny by the Bounties? The Attempt to Reform Wall Street by the New Whistleblower Provisions of the Dodd-Frank Act, Geoffrey Christopher Rapp
BYU Law Review

Adverse Publicity by Administrative Agencies in the Internet Era, Nathan Cortez
BYU Law Review

Sour Chocolate: The U.K. Takeover Panel's Improper Reaction to Kraft's Acquisition of Cadbury, Michael R. Patrone
Brigham Young University International Law & Management Review

Separation of Bank and State: Consolidating Bailed-Out Companies into the U.S. Debt Ceiling and Government Financial Statements, J. W. Verret
BYU Law Review

Outsourcing, Modularity, and the Theory of the Firm Margaret M. Blair, Erin O’Hara O’Connor, and Gregg Kirchhoefer, Margaret M. Blair, Erin r O’Hara O’Conno, Gregg Kirchhoefer
BYU Law Review

Contracts as Organizations, D. Gordon Smith, Brayden G. King
Faculty Scholarship

Private Ordering with Shareholder Bylaws, D. Gordon Smith, Matthew Wright, Marcus Kai Hintze
Faculty Scholarship

Lawyers Keep Out: Why Attorneys Should Not Participate in Negotiating Critical Financial Numbers Reported by Public Company Clients, William O. Fisher
BYU Law Review

Managerial Entrenchment and Shareholder Wealth Revisited: Theory and Evidence from a Recessionary Financial Market, Jay B. Kesten
BYU Law Review

"If You Poison Us Do We Not Die?" - A Critical Analysis of the Legality of Poison Puts in the Wake of San Antonio Fire and Police Pension Fund v. Amylin, Inc., Marcus Kai Hintze
BYU Law Review

Competition Policy and Comparative Corporate Governance of State-Owned Enterprises, D. Daniel Sokol
BYU Law Review

Contemporary Legal Transplants: Legal Families and the Diffusion of (Corporate) Law, Holger Spamann Spamann
BYU Law Review

Legal Origins and the Tasks of Corporate Law in Economic Development: A Preliminary Exploration, John Ohnesorge
BYU Law Review

Law and Finance: Inaccurate, Incomplete, and Important, Ruth V. Aguilera, Cynthia A. Williams
BYU Law Review

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

Lessons from Germany: Improving on the U.S. Model for Corporate Governance, Tien Glaub
Brigham Young University International Law & Management Review

The Dystopian Potential of Corporate Law, D. Gordon Smith
Faculty Scholarship

The Undercivilization of Corporate Law, A. Christine Hurt
Faculty Scholarship

Piercing the Corporate Veil in Regulated Industries, Douglas G. Smith
BYU Law Review

Organizational Perspectives on Contracts, Gordon Smith, Brayden King
D. Gordon Smith

Assessing Interest Groups: A Playing Field Approach, Paul Stancil
Faculty Scholarship

Section 965: A Traditional Corporate Tax Policy, Jessica c. Kornberg
Brigham Young University International Law & Management Review

Of Breaches of the Peace, Home Invasions, and Securities Fraud, A. Christine Hurt
Faculty Scholarship

Entrepreneurs on Horseback: Reflections on the organization of law, D. Gordon Smith, Darian Ibrahim
Faculty Scholarship

The European Commission's Action Plan to Modernize European Company Law: How Far Should the SEC Go in Exempting European Issuers from Complying with the Sarbanes-Oxley Act?, Kristina A. Sadlak
Brigham Young University International Law & Management Review

The Holy Grail of Corporate Governance Reform: Independence or Democracy?, Elizabeth Cosenza
BYU Law Review

Nonprofit Takeovers: Regulating the Market for Mission Control, Dana Brakman Reiser
BYU Law Review

Sarbanes-Oxley's Structural Model To Encourage Corporate Whistleblowers, Richard E. Moberly
BYU Law Review

Preparing Multinational Companies for Transfer Pricing Audits of Intangibles, Thomas C. Pearson
Brigham Young University International Law & Management Review

The "Branding Effect" of Contracts, D. Gordon Smith
Faculty Scholarship

Law & Entrepreneurship: Do courts matter?, D. Gordon Smith, Masako Ueda
Faculty Scholarship

Atomism and the Private Merger Challenge, Paul Stancil
Faculty Scholarship

The Exit Structure of Venture Capital, D. Gordon Smith
Faculty Scholarship

The Exit Structure of Strategic Alliances, D. Gordon Smith
Faculty Scholarship

A New Interpretation of the Contemporaneous Ownership Requirement in Shareholder Derivative Suits: In re Bank of New York Derivative Litigation and the Elimination of the Continuing Wrong Doctrine, Terence L. Robinson Jr.
BYU Law Review

Experience, Contractual Covenants and Venture Capitalists' Responses to Unmet Expectations, Annaleena Parhankangas, Hans Landström, D. Gordon Smith
Faculty Scholarship

The Plight of the Private Securities Litigation Reform Act in the Post-Enron Era: The Ninth Circuit's Interpretation of Materiality in Employer-Teamster v. America West, Patrick Hall
BYU Law Review

A Good Old Habit, or Just an Old One? Preferential Tax Treatment for Reorganizations, Yariv Brauner
BYU Law Review

Independent Legal Significance, Good Faith, and the Interpretation of Venture Capital Contracts, D. Gordon Smith
Faculty Scholarship

Aurora Credit Services, Inc. v. Liberty West Development, Inc.: An Analysis of Shareholder Derivative Suits in Closely Held Corporations, Robbie G. Yates
BYU Law Review

Toward a New Theory of the Shareholder Role: A sacred space in corporate transactions, Robert B. Thompson, D. Gordon Smith
Faculty Scholarship

Wells Fargo & Co. And Subsidiaries v. Commissioner: Rethinking the Deductibility of Certain Pre-Merger Expenditures, Jeffery R. Atkin
Brigham Young University Journal of Public Law

Collective Rights Adjudication in U.S. Courts: Enforcing Human Rights at the Corporate Level, Kathryn L. Boyd
BYU Law Review

Jehovah's Witnesses v. Land Berlin: Requiring Religious Communities Seeking Public Corporation Status in Germany to Satisfy the "Meaning and Purpose of Corporation Status" Test, Scott Kent Brown II
BYU Law Review

A Proposal to Eliminate Director Standards From the Model Business Corporations Act, D. Gordon Smith
Faculty Scholarship

The Shareholder Primacy Norm, D. Gordon Smith
Faculty Scholarship

Chancellor Allen and the Fundamental Question, D. Gordon Smith
Faculty Scholarship

Venture Capital Contracting in the Information Age, D. Gordon Smith
Faculty Scholarship

Practical Guide to Forming a Partnership in Utah, John W. Welch
Legal Worlds: Ancient and Modern, Sacred and Secular

Practical Guide to Forming a Partnership in Utah, John W. Welch
Brigham Young University Journal of Public Law

Steinbach v. Hubbard: Somebody Call an Ambulance! The Fair Labor Standards Act and the Successor Liability Doctrine Have Been Seriously Injured!, Andrew P. Pickering
BYU Law Review

Corporate Governance and Managerial Incompetence: Lessons from Kmart, D. Gordon Smith
Faculty Scholarship

Stock Redemptions and the Family-Owned Corporation: Tax Traps Oll the Path to Capital Gain Treatment, Scott E. Copple
BYU Law Review

Restricting Shareholder Voting Rights Under the Utah Revised Business Corporation Act, Erik G. Davis
BYU Law Review

Practical Guide to Forming a Closely-Held Corporation in Utah, John W. Welch
Legal Worlds: Ancient and Modern, Sacred and Secular

American Vending Services, Inc. v. Morse: The Problem of Defective Incorporation in Utah, Douglas C. Waddoups
BYU Law Review

Practical Guide to Forming a Closely-Held Corporation in Utah, John W. Welch
Brigham Young University Journal of Public Law

Utah Limited Liability Companies: The ''Ugly Ducklings", Keen L. Ellsworth
BYU Law Review

The Business Judgment Rule: How Much Board Deliberation is Enough When a Board is Under Time Constraints?-Citron v. Fairchild Camera and Instrument Corp., Jeffrey M. Moss
BYU Law Review

The EEC Merger Regulation and its Impact on Non-EEC Businesses, Alec Burnside, Carl Meyntjens false
BYU Law Review

Company Law in the European Single Market, Richard D. English
BYU Law Review

Independent Motion Picture Financing: Unregistered Limited Partnership Offerings, James L. Thompson
BYU Law Review

Corporate Scienter Under the Securities Exchange Act of 1934, Craig L. Griffin
BYU Law Review

Cumulative Voting for Corporation Directors: Majority Shareholders in the Role of a Fox Guarding a Hen House, Richard S. Dalebout
BYU Law Review

Revision of the Foreign Corrupt Practices Act by the 1988 Omnibus Trade Bill: Will it Reduce the Compliance Burdens and Anticompetitive Impact?, Judith L. Roberts
BYU Law Review

Defining and Upholding State Rights To Regulate Tender Offers after Mite and CTS, Michael A. Day
Brigham Young University Journal of Public Law

Corporate Extortion in Japan: Sokaiya Endure Commercial Code Amendment, Dean L. Rostrom
BYU Law Review

Corporate Vicarious Liability for Punitive Damages, Timothy R. Zinnecker
BYU Law Review

Shareholder Individual and Derivative Actions: Underlying Rationales and the Closely Held Corporation, John W. Welch
Legal Worlds: Ancient and Modern, Sacred and Secular

Utah's Business Name Statutes: "An Open Invitation to Litigation", Richard E. Turley Jr.
BYU Law Review

Tax Considerations in Structuring Foreign Investment in the United States, Thomas H. Olsen
BYU Law Review

Dismissing Derivative Suits Under the Business Judgment Rule: Zapata Corp. v. Maldonado, J. Brad Wiggins
BYU Law Review

The Corporate Acquisitions Proposal of the ALI Subchapter C Project: Correcting Economic Inefficiencies by Election, Robert D. Crockett
BYU Law Review

The Impact of the Mobil Case on Apportionment of Income, Frank M. Keesling
BYU Law Review

Tax Apportionment of the Income of a Unitary Business: An Examination of Mobil Oil Corp. v. Commissioner of Taxes of Vermont, William D. Dexter
BYU Law Review

The Curse of Corporate Control: A Mutual Insurance Company-A Brief on Behalf of Society, David Cowan Bayne
BYU Law Review

Reflections on Section 382: Searching for a Rationale, J. Clifton Fleming Jr.
BYU Law Review

Federal Taxation-Reorganizations-Distribution of Boot to Shareholders of Merged Corporation Taxable as Dividend, Not Capital Gain-Shim berg v. United States,
BYU Law Review

Tender Offers and Bidder Access to Target Company Shareholder Lists,
BYU Law Review

Diversity Jurisdiction and Limited Partnerships, Scott M. Farnsworth
BYU Law Review

Recent Interpretations of the "Meaningful Reduction" Test of I.R.C. Section 302(b)(l), Boyd C. Randall
BYU Law Review

Distributions in Kind and the Dividends Paid Deduction-Conflict in the Circuits, Dwight Drake
BYU Law Review

Corporations - Director Liability - The Standard of Director Liability For a Corporate violation of Section 1982 - Tillman v. Wheaton-Haven Recreation Association,
BYU Law Review

The Corporate Principal Place of Business: A Resolution and Revision, J. Clifton Fleming Jr.
Faculty Scholarship