Brigham Young University Law Review

Brigham Young University Law Review is a magazine focusing on Law

Articles from Vol. 2002, No. 1, 2002

Aurora Credit Services, Inc. V. Liberty West Development, Inc.: An Analysis of Shareholder Derivative Suits in Closely Held Corporations
I. INTRODUCTION Corporate laws that govern derivative suits attempt to dictate the type of lawsuit a shareholder may file on behalf of a corporation. These laws often protect the corporation at the expense of individual shareholders. A problem arises...
Carolene Products: A Game-Theoretic Approach
This article proposes a game-theoretic model of the Carotene Products notion of a "discrete and insular" minority. It analyzes the democratic process as a bargaining game in which players can form coalitions with other players. When the game is repeated,...
Determining the Materiality of Earnings Forecasts under the Private Securities Litigation Reform Act in Helwig V. Vencor
I. INTRODUCTION Congress included safe harbor provisions for forward-looking statements in the 1995 Private Securities Litigation Reform Act ("PSLRA" or "Reform Act")1 to "enhance market efficiency by encouraging companies to disclose forward-looking...
Native American Sovereignty Meets a Bend in the Road: Difficulties in Nevada V. Hicks
The path the Supreme Court has forged with regard to tribal sovereignty has meandered through a variety of landscapes with little predictability. The Court finally established a guiding light for determining tribal jurisdiction in the 1980s through the...
The (So-Called) Liability of Criminal Defense Attorneys: A System in Need of Reform
"[L]awyers in criminal courts are necessities, not luxuries."1 "In all criminal prosecutions, the accused shall enjoy the right . . . to have the Assistance of Counsel for his defence."2 IMAGE FORMULA6IMAGE FORMULA10I. INTRODUCTION On trial for capital...