Brigham Young University Law Review

Brigham Young University Law Review is a magazine focusing on Law

Articles from Vol. 2008, No. 4, 2008

Piercing the Corporate Veil in Regulated Industries
Veil piercing doctrines have been the subject of much scholarly attention in recent years.1 They have generated diametrically opposing views, with some legal commentators advocating the complete abolition of the doctrines and others advocating a significant...
RLUIPA and Eminent Domain: Probing the Boundaries of Religious Land Use Protection
I. INTRODUCTIONThe Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA)1 passed through Congress "by unanimous consent"2 and was signed into law by President Clinton on September 22, 2000.3 RLUIPA, described generally as "a bill designed...
Rockwell International, Pondcrete, and an A la Carte Three-Step Test for Determining an "Original Source" in Qui Tam Lawsuits
In 1999, George Couto, a former Bayer marketing executive, attended a management meeting on ethics.1 As he compared Bayer's practices in the marketing department with the ethical principles discussed in the meeting, he grew increasingly uncomfortable...
The Software Licensing Dilemma
Is software licensed or sold? Software licensing occupies a unique position at the intersection of contracts, intellectual property, and commercial law doctrines. The difficulty in analyzing software licensing issues directly results from the sui generis...
Trouble for Private Enforcement of the Sherman Act: Twombly, Pleading Standards, and the Oligopoly Problem
I. INTRODUCTIONCourts and commentators have long struggled with the proper treatment of parallel conduct by competitors in oligopoly markets.1 In such markets it is possible to achieve supra-competitive pricing through recognized interdependence, rather...

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