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A Juror’S Religious Freedom Bill Of Rights, Antony Barone Kolenc
A Juror’S Religious Freedom Bill Of Rights, Antony Barone Kolenc
BYU Law Review
The prosecution of Democrat Congresswoman Corrine Brown for campaign corruption was perhaps the most significant and dramatic political trial ever to hit Northeast Florida—and that was before the Holy Spirit showed up and spoke to Juror 13 during deliberations. The Brown case is the springboard for the article’s focus on a juror’s right to religious liberty, one of the nation’s most precious constitutional rights. The Article addresses first principles behind the process of jury selection in the United States, as well as the importance and safeguarding of religious liberty in the U.S. Constitution. It then proposes six tenets to be …
Searches Without Suspicion: Avoiding A Four Million Person Underclass, Tonja Jacobi, Addie Maguire
Searches Without Suspicion: Avoiding A Four Million Person Underclass, Tonja Jacobi, Addie Maguire
BYU Law Review
In Samson v. California, the Supreme Court upheld warrantless, suspicionless searches for parolees. That determination was controversial both because suspicionless searches are, by definition, anathema to the Fourth Amendment, and because they arguably undermine parolees’ rehabilitation. Less attention has been given to the fact that the implications of the case were not limited to parolees. The opinion in Samson included half a sentence of dicta that seemingly swept probationers into its analysis, implicating the rights of millions of additional people in the United States. Not only is analogizing parolees and probationers not logically sound because the two groups differ in …
Courts Beyond Judging, Michael C. Pollack
Courts Beyond Judging, Michael C. Pollack
BYU Law Review
Across all fifty states, a woefully understudied institution of government is responsible for a broad range of administrative, legislative, law enforcement, and judicial functions. That important institution is the state courts. While the literature has examined the federal courts and federal judges from innumerable angles, study of the state courts as institutions of state government — and not merely as sources of doctrine and resolvers of disputes — has languished. This Article remedies that oversight by drawing attention for the first time to the wide array of roles state courts serve, and by evaluating the suitability of both the allocation …
"To The Person": Rfra's Blueprint For A Sustainable Exemption Regime, Tanner Bean
"To The Person": Rfra's Blueprint For A Sustainable Exemption Regime, Tanner Bean
BYU Law Review
No abstract provided.
Changing Family Courts To Help Heal And Build Resilient Families, Carrie E. Garrow
Changing Family Courts To Help Heal And Build Resilient Families, Carrie E. Garrow
BYU Law Review
No abstract provided.
Jury Nullification As A Tool To Balance The Demands Of Law And Justice, Aaron Mcknight
Jury Nullification As A Tool To Balance The Demands Of Law And Justice, Aaron Mcknight
BYU Law Review
No abstract provided.
Supreme Court Oral Argument Video: A Review Of Media Effects Research And Suggestions For Study, Edward L. Carter
Supreme Court Oral Argument Video: A Review Of Media Effects Research And Suggestions For Study, Edward L. Carter
BYU Law Review
No abstract provided.
Cameras In The Courtroom In The Twenty-First Century: The U.S. Supreme Court Learning From Abroad?, Kyu Ho Youm
Cameras In The Courtroom In The Twenty-First Century: The U.S. Supreme Court Learning From Abroad?, Kyu Ho Youm
BYU Law Review
No abstract provided.
U.S. Supreme Court Justices And Press Access, Ronnell Andersen Jones
U.S. Supreme Court Justices And Press Access, Ronnell Andersen Jones
BYU Law Review
No abstract provided.
Repudiating The Narrow Rule In Capital Sentencing, Scott W. Howe
Repudiating The Narrow Rule In Capital Sentencing, Scott W. Howe
BYU Law Review
This Article proposes a modest reform of Eighth Amendment law governing capital sentencing to spur major reform in the understanding of the function of the doctrine. The Article urges the Supreme Court to renounce a largely empty mandate known as the “narrowing” rule and the rhetoric of equality that has accompanied it. By doing so, the Court could speak more truthfully about the important but more limited function that its capital-sentencing doctrine actually pursues, which is to ensure that no person receives the death penalty who does not deserve it. The Court could also speak more candidly than it has …
Bombed Away: How The Second Circuit Destroyed Fourth Amendment Rights Of U.S. Citizens Abroad, Carla Crandall
Bombed Away: How The Second Circuit Destroyed Fourth Amendment Rights Of U.S. Citizens Abroad, Carla Crandall
BYU Law Review
No abstract provided.
Failure To Yield: How Wecht Might Ruin The Right To A Fair Trial , Landon Wade Magnusson
Failure To Yield: How Wecht Might Ruin The Right To A Fair Trial , Landon Wade Magnusson
BYU Law Review
No abstract provided.
Juror Testimony Of Racial Bias In Jury Deliberations: United States V. Benally And The Obstacle Of Federal Rule Of Evidence 606(B) , Brandon C. Pond
Juror Testimony Of Racial Bias In Jury Deliberations: United States V. Benally And The Obstacle Of Federal Rule Of Evidence 606(B) , Brandon C. Pond
BYU Law Review
No abstract provided.
The Stigma Of Conviction: Coram Nobis, Civil Disabilities, And The Right To Clear One's Name, David Wolitz
The Stigma Of Conviction: Coram Nobis, Civil Disabilities, And The Right To Clear One's Name, David Wolitz
BYU Law Review
No abstract provided.
Policy, Uniformity, Discretion, And Congress’S Sentencing Acid Trip, Mark Osler
Policy, Uniformity, Discretion, And Congress’S Sentencing Acid Trip, Mark Osler
BYU Law Review
No abstract provided.
Gonzales-Lopez And Its Bright-Line Rule: Result Of Broad Judicial Philosophy Or Context-Specific Principles?, Jacob D. Briggs
Gonzales-Lopez And Its Bright-Line Rule: Result Of Broad Judicial Philosophy Or Context-Specific Principles?, Jacob D. Briggs
BYU Law Review
No abstract provided.
Who Gets Counted? Jury List Representativeness For Hispanics In Areas With Growing Hispanic Populations Under Duren V. Missouri, Stephen E. Reil
Who Gets Counted? Jury List Representativeness For Hispanics In Areas With Growing Hispanic Populations Under Duren V. Missouri, Stephen E. Reil
BYU Law Review
No abstract provided.
Fixing The Constable's Blunder: Can One Trial Judge In One County In One State Nudge A Nation Beyond The Exclusionary Rule?, H. Mitchell Caldwell
Fixing The Constable's Blunder: Can One Trial Judge In One County In One State Nudge A Nation Beyond The Exclusionary Rule?, H. Mitchell Caldwell
BYU Law Review
No abstract provided.
Reconsidering Absolute Prosecutorial Immunity, Margaret Z. Johns
Reconsidering Absolute Prosecutorial Immunity, Margaret Z. Johns
BYU Law Review
No abstract provided.
Reconsidering The Constitutionality Of Federal Sentencing Guidelines After Blakely: A Former Commissioner's Perspective, Michael Goldsmith
Reconsidering The Constitutionality Of Federal Sentencing Guidelines After Blakely: A Former Commissioner's Perspective, Michael Goldsmith
BYU Law Review
No abstract provided.
Compounding The Countermajoritarian Difficulty Through "Plaintiff's Diplomacy": Can The International Criminal Court Provide A Solution?, John B. Fowles
Compounding The Countermajoritarian Difficulty Through "Plaintiff's Diplomacy": Can The International Criminal Court Provide A Solution?, John B. Fowles
BYU Law Review
No abstract provided.
Georgia V. Mccollum: An Unprincipled And Potentially Unjust Ending To The Peremptory Challenge Cases, Eric E. Vernon
Georgia V. Mccollum: An Unprincipled And Potentially Unjust Ending To The Peremptory Challenge Cases, Eric E. Vernon
BYU Law Review
No abstract provided.
The Training Of Court Managers, Harvey E. Solomon
The Training Of Court Managers, Harvey E. Solomon
BYU Law Review
No abstract provided.
The Federal Judiciary-Inflation, Malfunction, And A Proposed Course Of Action, Damiel J. Meador
The Federal Judiciary-Inflation, Malfunction, And A Proposed Course Of Action, Damiel J. Meador
BYU Law Review
No abstract provided.
Federal Review, Finalty Of State Court Decisions, And A Proposal For A National Court Of Appeals-A State Judge's Solution To A Continuing Problem, James Duke Cameron
Federal Review, Finalty Of State Court Decisions, And A Proposal For A National Court Of Appeals-A State Judge's Solution To A Continuing Problem, James Duke Cameron
BYU Law Review
No abstract provided.
Using Technology To Improve The Administration Of Justice In The Federal Courts, Charles W. Nihan, Russell R. Wheeler
Using Technology To Improve The Administration Of Justice In The Federal Courts, Charles W. Nihan, Russell R. Wheeler
BYU Law Review
No abstract provided.
Circuit Council Reform: A Boat Hook For Judges And Court Administrators, Michael J. Remington
Circuit Council Reform: A Boat Hook For Judges And Court Administrators, Michael J. Remington
BYU Law Review
No abstract provided.
Warren E. Burger And The Administration Of Justice, Edward A. Tamm, Paul C. Reardon
Warren E. Burger And The Administration Of Justice, Edward A. Tamm, Paul C. Reardon
BYU Law Review
No abstract provided.
Can The Federal Courts Keep Order In Their Own House? Appellate Supervision Through Mandamus And Orders Of Judicial Councils, Brent D. Ward
Can The Federal Courts Keep Order In Their Own House? Appellate Supervision Through Mandamus And Orders Of Judicial Councils, Brent D. Ward
BYU Law Review
No abstract provided.
Symposium: The Use Of Videotape In The Courtroom, Tom C. Clark
Symposium: The Use Of Videotape In The Courtroom, Tom C. Clark
BYU Law Review
No abstract provided.