Part of the Litigation Commons
Procedural Wrongdoing, Matthew A. Shapiro BYU Law Review
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Is Trade Sexist? How “Pink” Tariff Policies’ Harmful Effects Can Be Curtailed Through Litigation and Legislation, Miranda Hatch BYU Law Review
The Realities of Takings Litigation, Dave Owen BYU Law Review
The Prudential Standing Quandary When Discriminatory, Facially Neutral Laws Allegedly Cause Collateral Damage, Richard Luedeman Brigham Young University Journal of Public Law
The (Surprisingly) Prevalent Role of States in an Era of Federalized Class Actions, Linda S. Mullenix BYU Law Review
A State Is a “They,” Not an “It”: Intrastate Conflicts in Multistate Challenges to the Affordable Care Act, Anthony Johnstone BYU Law Review
Class Actions, Jurisdiction, and Principle in Doctrinal Design, David Marcus, Will Ostrander BYU Law Review
State Enforcement in a Polycentric World, David A. Hyman, William E. Kovacic BYU Law Review
Forward: State Enforcement in an Interstate World, Margaret H. Lemos BYU Law Review
Getting Brady Right: Why Extending Brady v. Maryland’s Trial Right to Plea Negotiations Better Protects a Defendant’s Constitutional Rights in the Modern Legal Era, James M. Grossman BYU Law Review
Off the Constitutional Map: Breaking the endless cycle of school finance litigation, Madeline Davis Brigham Young University Education and Law Journal
Is a Paid IDEA Tuition Reimbursement Case Moot? The Intersection of Pendency, Tuition Reimbursement, and Mootness, Daniel W. Morton-Bentley Brigham Young University Education and Law Journal
Justice as a Luxury? The Inefficacy of Middle Class Pro Se Litigation and Exploring Unbundling as a Partial Solution, Deborah Beth Medows Brigham Young University Journal of Public Law
The Heck Conundrum: Why Federal Courts Should Not Overextend the Heck v. Humphrey Preclusion Doctrine, Lyndon Bradshaw BYU Law Review
Is the Clean Water Act's Diligent Prosecution Bar Jurisdictional? A Journey into Discovering Congressional Intent, Szonja Ludvig BYU Law Review
Perception and Persuasion in Legal Argumentation: Using Informal Fallacies and Cognitive Biases to Win the War of Words, Cory S. Clements BYU Law Review
The End of Shareholder Litigation? Allowing Shareholders to Customize Enforcement Through Arbitration Provisions in Charters and Bylaws, Paul Weitzel BYU Law Review
Keep Your Program Out of My Game: The Ninth Circuit’s Convoluted Copyright Analysis in MDY Industries, Inc. v. Blizzard Entertainment, Inc, Brandon T. Crowther BYU Law Review
Mohamed v. Jeppesen Dataplan, Inc.: The Ninth Circuit Sends the Totten Bar Flying Away on the Jeppesen Airplane, Michael Q. Cannon BYU Law Review
Judicial Takings in Vandevere v. Lloyd, Cory S. Clements BYU Law Review
Did Bad Debtors Influence the Tenth Circuit to Make an Unfortunate Decision? Making Reorganization More Difficult for Farmers in United States v. Dawes, Laura Jones BYU Law Review
Reaping the Benefits of Class Cerification: How and When Should "Significant Proof" Be Required Post-Dukes?, Julie Slater BYU Law Review
Litigation, Legislation, and Democracy in a Post-Newspaper America, RonNell Andersen Jones Faculty Scholarship
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Failure to Yield: How Wecht Might Ruin the Right to a Fair Trial , Landon Wade Magnusson BYU Law Review
Ineffective Assistance of Counsel in Plea Bargain Negotiations , Paul J. Sampson BYU Law Review
The Role of the Exhaustion and Ripeness Doctrines in Reasonable Accomodation Denial Suits Under the Fair Housing Amendments Act, Matt Hall Brigham Young University Journal of Public Law
Just Go Away: Representation, Due Process, and Preclusion in Class Actions, Debra Lyn Bassett BYU Law Review
The Tangled Web of Plagiarism Litigation: Sorting Out the Legal Issues, Ralph D. Mawdsley Brigham Young University Education and Law Journal
Balancing the Pleading Equation, Paul Stancil Faculty Scholarship
Media Subpoenas: Impact, Perception, and Legal Protection in the Changing World of American Journalism, RonNell Andersen Jones Faculty Scholarship
Death by a Thousand Cuts or Hard Bargaining?: How the Court's Indecision in Wilkie v. Robbins Improperly Eviscerates the Bivens Action, Natalie Banta Brigham Young University Journal of Public Law
Avalanche or Undue Alarm? An Empirical Study of Subpoenas Received by the News Media, RonNell Andersen Jones Faculty Scholarship
Boomerang Litigation: How Convenient Is Forum Non Conveniens in Transnational Litigation?, M. Ryan Casey, Barrett Ristroph Brigham Young University International Law & Management Review
The Litigation Explosin, Proposed Reforms, and their Consequences, Michael D. Johnston Brigham Young University Journal of Public Law
Constructing Class Action Reality, Debra Lyn Bassett BYU Law Review
Eternal Student Loan Liability: Who Can Sue Under 20 U.S.C. § 1091a?, Glenn E. Roper Brigham Young University Journal of Public Law
Rethinking Optimality in Tort Litigation: The Promis of Reverse Cost-Shifting, Jonathan Fischbach, Michael Fischbach Brigham Young University Journal of Public Law
Across Four Aprils: School Finance Litigation in Virginia, Ashley McDonald Delja Brigham Young University Education and Law Journal
Important” and “Irreversible” but Maybe Not “Unreviewable”: The Dilemma of Protecting Defendants’ Rights Through the Collateral Order Doctrine, Kristin B. Gerdy Faculty Scholarship
The Litigation to Redefine Marriage: Equality and Social Meaning , William C. Duncan Brigham Young University Journal of Public Law
Risky Business: Attorney Liability in Insurance Defense Litigation-A Review of the Arizona Supreme Court's Decision in Paradigm Insurance Co. v. Langerman Law Offices, BYU Law Review
Jones v. Clinton: A Study in Politically Motivated Suits, Rule 1 1, and the First Amendment, Carol Rice Andrews BYU Law Review
Rescuing Multidistrict Litigation From The Altar of Expediency, Carter G. Phillips, Gene C. Schaerr, Anil K. Abraham BYU Law Review
The Virginia Beach Quest for Water: Drowning in a Sea of Litigation, Richard T. Probst Brigham Young University Journal of Public Law
Class Actions and Supplemental Jurisdiction: Will Zahn v. International Paper Co. Remain Viable?, Christopher P. Simkins BYU Law Review
Section l04(a)(2) After Commissioner u. Schleier: Litigating the Excludability of Statutory Damages "Received on Account of Personal Injuries", T. James Lee Jr. BYU Law Review
The Sky is Falling-The ALI's Efficient Response to Courts in Crisis?, Christine Gail Clark BYU Law Review
Arthur Miller's Death of a Doctrine or Will the Federal Courts Abstain from Abstaining? The Complex Litigation Recommendations' Impact on the Abstention Doctrine, William A. Calhoun II BYU Law Review
Antisuit Injunction and Notice of Intervention and Preclusion: Complementary Devices to Prevent Duplicative Litigation, Edward F. Sherman BYU Law Review
Confronting the Consolidation Conundrum, Richard L. Marcus BYU Law Review
The ALI, Supplemental Jurisdiction, and the Federal Constitutional Case, C. Douglas Floyd BYU Law Review
Selected Provisions of the ALI Complex Litigation Proposal: Statutory Recommendations & Reporter's Study, BYU Law Review
Removing Intrastate Lawsuits: The Affecting-Commerce Argument After United States v. Lopez, Kelly G. Black BYU Law Review
Antisuit Injunctions Under the Complex Litigation Proposal: Harmonizing the Sirens' Song of Efficiency and Fairness with the Hymn of Judicial Federalism and Comity, Paul W. Werner BYU Law Review
The Complex Litigation Project's Choice of Law Rules for Mass Torts and How to Escape Them, Fred I. Williams BYU Law Review
The ALI's Complex Litigation Project and Federal-To-State Consolidation: A Due Process Analysis of Granting to State Courts Nationwide Personal Jurisdiction, Deborah Dunn BYU Law Review
A Study in the Choice of Form: Statutes of Limitation and the Doctrine of Laches, Gail L. Heriot BYU Law Review
Punitive Damages: A Primer for Utah, Crookston v. Fire Insurance Exchange, David F. Burrett Brigham Young University Journal of Public Law
Surviving Judicial Activism in the Tenth Circuit: An Analysis of Berry v. City of Muskogee, Ned S. Fuller Brigham Young University Journal of Public Law
Comparative Negligence in Suits Against Accountants: A Statutory and Policy Analysis, Dennis V. Dahle Brigham Young University Journal of Public Law
The Impact of Alternative Negligence Defense Rules on Litigation Behavior and Tort Claim Disposition, Marianne M. Jennings Brigham Young University Journal of Public Law
Fairness to the Absent Members of a Defendant Class: A Proposed Revision of Rule 23, Elizabeth Barker Brandt BYU Law Review
Strandell v. Jackson County and G. Heileman Brewing Co. v. Joseph Oat Corp.: The Failure of the Seventh Circuit Court of Appeals to Narrow the Interpretation of Rule 16 and Limit the Inherent Power Doctrine, Farol Parco Brigham Young University Journal of Public Law
A Survey of Practitioners' Perceptions of Utah's Medical Malpractice Pre-Litigation Program, JoAnn E. Carnahan, Kathy D. Pullins Brigham Young University Journal of Public Law
Collateral Estoppel in Potentially Changing Fact Situations: Dracos v. Hellenic Lines, Ltd., John M. Burke BYU Law Review
Reconciling the Age Discrimination in Employment Act and Federalism-Constitutional Balancing or Judicial Sleight of Hand: EEOC v. Wyoming, Jeffrey B. Hays BYU Law Review
Timeliness of a Motion to Intervene: Stotts v. Memphis Fire Department, John R. Erickson BYU Law Review
Civil Rights Class Actions in the 1980's: The Burger Court's Pragmatic Approach to Problems of Adequate Representation and Justiciability, C. Douglas Floyd BYU Law Review
Degree of Immunity Applicable to Senior Aides of the President of the United States in Civil Actions Arising Under the Constitution: Harlow v. Fitzgerald, Lynda Cook BYU Law Review
Right to Sue Under Section 4 of the Clayton Act - The Employee Deischarged for Regusal to Participate in the Anitcompetivie Practices of His Employer: Bichan v. Chemetron Corp. Examined in Light of Blue Shield v. Mcready, Ralph N. Bryson BYU Law Review
Standing to Challenge the Tax-Exempt Status of Racially Discriminatory Private Schools: Wright v. Regan, Jamie D. Scott BYU Law Review
Standing Versus Justiciability: Recent Developments in Participatory Suits Brought by Congressional Plaintiffs, David G. Mangum BYU Law Review
Colloquy on Complex Litigation, Alvin B. Rubin, Francis R. Kirkham, Weyman I. Lundquist, Jerrold E. Salzman BYU Law Review
Sense and Non-Sense: Jury Trial Communication, Robert F. Forsten BYU Law Review
Opening Pandora's Box: Asking Judges and Attorneys To React to the Videotape Trial, Robert J. Grow, Robert A. Johnson BYU Law Review
Critique - Data in Search of Theory in Search of Policy: Behavioral Responses to Videotape in the Courtroom, Gordon Bermant BYU Law Review
An Assessment of Videotape in the Criminal Courts, Ernest H. Short, B. Thomas Florence, Mary Alice Marsh BYU Law Review
Juror Perceptions of Trial Testimony as a Function of the Method of Presentation: A Comparison of Live, Color Video, Black-and-White Video, Audio, and Transcript Presentations, Gerald R. Williams, Larry C. Farmer, Rex E. Lee, Bert P. Cundick, Robert J. Howell, C. Keith Rooker BYU Law Review
The Effects of Videotape Testimony in Jury Trials: Studies on Juror Decision Making, Information Retention, and Emotional Arousal, Gerald R. Miller, David C. Bender, Frank Boster, B. Thomas Florence, Norman Fontes, John Hocking, Henry Nicholson BYU Law Review
Symposium: The Use of Videotape in the Courtroom, Tom C. Clark BYU Law Review
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