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Articles 1 - 30 of 827
Full-Text Articles in Entire DC Network
The Political Balance Of Power Over The Military: Rethinking The Relationship Between The Armed Forces, The President, And Congress, Geoffery S. Corn, Eric Talbot Jensen
The Political Balance Of Power Over The Military: Rethinking The Relationship Between The Armed Forces, The President, And Congress, Geoffery S. Corn, Eric Talbot Jensen
Faculty Scholarship
Recent events related to the planning and execution of the war in Iraq, most notably the perceived 2003 "firing" of then Army Chief of Staff Eric Shinseki, have raised concerns over the effect of Executive Branch dominance of the military and how that dominance impacts the ability of Congress to obtain timely and important information. Such actions, perceived to discourage members of the military from providing candid views to Congress when they differ with the Administration, even if implied instead of express, strike at the very core of the founder's intent to balance military power within the national government. The …
The Icj's Uganda Wall: A Barrier To The Principle Of Distinction And An Entry Point For Lawfare, Eric Talbot Jensen
The Icj's Uganda Wall: A Barrier To The Principle Of Distinction And An Entry Point For Lawfare, Eric Talbot Jensen
Faculty Scholarship
The intermixing of combatants with civilians while engaging in hostilities violates one of the most fundamental principles of the law of armed conflict: the principle of distinction. This bedrock principle of the law of war requires those involved in conflict to mark themselves so they can be distinguished from those who are not involved in combat. The most common method of compliance is for combatants to wear a uniform. By requiring distinction, both combatants and civilians know who is involved in the combat and who is not. Derogation from the principle of distinction is among the most serious issues facing …
Post-Conflict Reconstruction, Eric Talbot Jensen
Post-Conflict Reconstruction, Eric Talbot Jensen
Faculty Scholarship
No abstract provided.
Of Breaches Of The Peace, Home Invasions, And Securities Fraud, A. Christine Hurt
Of Breaches Of The Peace, Home Invasions, And Securities Fraud, A. Christine Hurt
Faculty Scholarship
No abstract provided.
The Bluebook At Eighteen: Reflecting And Ratifying Current Trends In Legal Scholarship, A. Christine Hurt
The Bluebook At Eighteen: Reflecting And Ratifying Current Trends In Legal Scholarship, A. Christine Hurt
Faculty Scholarship
No abstract provided.
International Local Government Law: The Effect Of Nafta Chapter 11 On Local Land Use Planning, Brynn Olsen
International Local Government Law: The Effect Of Nafta Chapter 11 On Local Land Use Planning, Brynn Olsen
Brigham Young University International Law & Management Review
No abstract provided.
Identifying, Understanding, And Resolving Legal And Operational Issues In Outsourcing--Bharat Vagadia's Outsourcing To India: A Legal Handbook, Ilmr Editors
Brigham Young University International Law & Management Review
No abstract provided.
Frontmatter
Brigham Young University International Law & Management Review
No abstract provided.
Section 965: A Traditional Corporate Tax Policy, Jessica C. Kornberg
Section 965: A Traditional Corporate Tax Policy, Jessica C. Kornberg
Brigham Young University International Law & Management Review
No abstract provided.
The World Trade Center Disaster: How Terrorist Airline Attacks Can Affect The Legal, Economic, And Financial Conditions Of Airlines Under The Montreal Liability Agreement, Larry Moore, Rose M. Rubin, Justin N. Joy
The World Trade Center Disaster: How Terrorist Airline Attacks Can Affect The Legal, Economic, And Financial Conditions Of Airlines Under The Montreal Liability Agreement, Larry Moore, Rose M. Rubin, Justin N. Joy
Brigham Young University International Law & Management Review
No abstract provided.
Boomerang Litigation: How Convenient Is Forum Non Conveniens In Transnational Litigation?, M. Ryan Casey, Barrett Ristroph
Boomerang Litigation: How Convenient Is Forum Non Conveniens In Transnational Litigation?, M. Ryan Casey, Barrett Ristroph
Brigham Young University International Law & Management Review
No abstract provided.
Introduction To The 2007 Byu Law Review Symposium: Warning! Kids Online: Pornography, Free Speech, And Technology, Cheryl B. Preston
Introduction To The 2007 Byu Law Review Symposium: Warning! Kids Online: Pornography, Free Speech, And Technology, Cheryl B. Preston
BYU Law Review
No abstract provided.
Zoning The Internet: A New Approach To Protecting Children Online, Cheryl B. Preston
Zoning The Internet: A New Approach To Protecting Children Online, Cheryl B. Preston
BYU Law Review
This Article considers how Internet architecture can be harnessed to create an online environment where government regulation of material harmful to minors can be effective but not unreasonably burdensome. It proposes a solution that engages technology in refocusing the point of regulation, thereby reducing the burden on speech and increasing the ability to achieve constitutionally recognized governmental objectives. This Article briefly examines failed congressional attempts to restrict children's access to sexually explicit content online, and then introduces the Internet Community Ports Concept, which relies on channeling technology to divide kinds of content among various Internet ports. After briefly outlining the …
Making Family-Friendly Internet A Reality: The Internet Community Ports Act, Dawn C. Nunziato
Making Family-Friendly Internet A Reality: The Internet Community Ports Act, Dawn C. Nunziato
BYU Law Review
No abstract provided.
Regulating Internet Pornography Aimed At Children: A Comparative Constitutional Perspective On Passing The Camel Through The Needle's Eye, Kevin W. Saunders
Regulating Internet Pornography Aimed At Children: A Comparative Constitutional Perspective On Passing The Camel Through The Needle's Eye, Kevin W. Saunders
BYU Law Review
No abstract provided.
Free Trade In Ideas Is (Or Ought To Be) Absolute For Adults, Patrick M. Garry
Free Trade In Ideas Is (Or Ought To Be) Absolute For Adults, Patrick M. Garry
BYU Law Review
No abstract provided.
A New First Amendment Model For Evaluating Content-Based Regulation Ofinternet Pornography: Revising The Strict Scrutiny Model To Better Reflect The Realities Of The Modern Media Age, Mark S. Kende
BYU Law Review
No abstract provided.
Constrained By The Liberal Tradition: Why The Supreme Court Has Not Found Positive Rights In The American Constitution
BYU Law Review
No abstract provided.
Technology And Pornography, Arnold H. Loewy
Www.Sam·S_Stationery_And_Luncheonette.Com: Bringing Ginsberg V. New York Into The Internet Age, John Fee
Www.Sam·S_Stationery_And_Luncheonette.Com: Bringing Ginsberg V. New York Into The Internet Age, John Fee
BYU Law Review
No abstract provided.
Obscenity And The World Wide Web, John E. Fee
Racial Adjudication, Andrew M. Carlon
Working The Unworkable Rule Established In Philip Morris: Acknowledging The Difference Between Actual And Potential Injury To Nonparties, Daniel Sulser Agle
Working The Unworkable Rule Established In Philip Morris: Acknowledging The Difference Between Actual And Potential Injury To Nonparties, Daniel Sulser Agle
BYU Law Review
No abstract provided.
Law's War With Conscience: The Psychological Limits Of Enforcement, Eric Fleisig-Greene
Law's War With Conscience: The Psychological Limits Of Enforcement, Eric Fleisig-Greene
BYU Law Review
No abstract provided.
Extending Hamdan V. Rumsfeld To Combatant Status Review Tribunals, Brian M. Christensen
Extending Hamdan V. Rumsfeld To Combatant Status Review Tribunals, Brian M. Christensen
BYU Law Review
No abstract provided.
The Brand X Constitution, Richard Murphy
Caveat Vendor: Potential Progeny, Paternity, And Product Liability Online, Dawn R. Swink, J. Brad Reich
Caveat Vendor: Potential Progeny, Paternity, And Product Liability Online, Dawn R. Swink, J. Brad Reich
BYU Law Review
No abstract provided.
Third-Party Profit-Taking In Tax Exemption Jurisprudence, Darryll K. Jones
Third-Party Profit-Taking In Tax Exemption Jurisprudence, Darryll K. Jones
BYU Law Review
No abstract provided.