Brigham Young University

Brigham Young University Law School
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    43674 research outputs found

    Improving Veteran Access to Critical Care: Full practice authority and nurse anesthetists

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    Neutrality, Public Space, and Discrimination by Religious Organizations in the United States

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    State of Utah, Plaintiff/Appellee, v. Patrick Bobby Jr. Galindo, Defendant/Appellant : Reply Brief

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    Reply Brief--PUBLIC/PRIVATE On appeal from the Second Judicial District Court, Weber County,Honorable Ernie Jones, District Court No. 161901398 Mr. Galindo is incarcerate

    Steven Eric Graham Plaintiff/Appellant, v. Albertson\u27s LLC Defendant/Appellee : Brief of Appellant

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    BRIEF OF THE APPELLANT Appeal from an Interlocutory Order of the Third Judicial District Court, SaltLake County, Honorable Heather Brereton, District Court No. 180900781 ORAL ARGUMENT REQUESTE

    BYU Law School Faculty Listing

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    Courts as Information Intermediaries: A Case Study of Sovereign Debt Disputes

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    When foreign sovereigns default on their debt, creditors sometimes sue them. These creditors are sophisticated actors, and they know that if they sue, courts can do little to force a sovereign to satisfy a judgment. Why do they sue? This Article argues that these creditors sue because they use litigation to produce information about the debtor state or its government that induces third parties to sanction or refuse to deal with the state or the government. The ability to produce such information strengthens the litigating creditors’ bargaining position in settlement negotiations. Courts thus serve as information intermediaries that strengthen reputational enforcement in the international sovereign debt market. The Article presents a case study that includes interviews with market participants and their lawyers to show three ways in which courts play this informational role. First, courts publicly determine whether a sovereign debtor has violated its legal obligations to creditors. Second, through discovery and fact finding, courts mitigate information asymmetries concerning aspects of sovereign behavior related to default that are difficult to monitor. Third, they provide a forum in which creditors seek to recast the broader political and ethical dimensions of disputes by highlighting corruption by the debtor state government. The sovereign debt market thus relies on a hybrid of legal and nonlegal enforcement. Parties appeal to the law to determine rights, detect bad behavior, and provide a broad normative frame. At the same time, they depend on reputation to discourage violations. This finding has implications for the debate among contracts scholars about the extent to which nonlegal mechanisms such as reputation can support trade. Recognizing that courts can function as information intermediaries implies that courts can expand the range of markets that reputation can support. Under certain conditions, courts can supplement legal remedies by transmitting accurate and credible information about market participants’ expectations and behavior

    STATE OF UTAH, Plaintiff/Appellee, v. ERNEST CLAYTON HARPER, Defendant/Appellant. : Brief of Appellee

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    Brief of Appellee Appeal from a conviction for stalking, a second degree felony,in the Third Judicial District, Salt Lake County, the HonorableKatherine Bernards-Goodman presidin

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    Brigham Young University Law School is based in United States
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