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Full-Text Articles in Law
Scout’S Honor: The Boy Scouts, Judicial Ethics, And The Appearance Of Partiality, Daniel Ortner
Scout’S Honor: The Boy Scouts, Judicial Ethics, And The Appearance Of Partiality, Daniel Ortner
BYU Law Review
No abstract provided.
An Incurable Malaise: Commonwealth V. Australian Capital Territory And Baskin V. Bogan As Symptoms Of Early-Onset Dystopia, Neville Rochow
An Incurable Malaise: Commonwealth V. Australian Capital Territory And Baskin V. Bogan As Symptoms Of Early-Onset Dystopia, Neville Rochow
BYU Law Review
No abstract provided.
Mormonism, Originalism, And Utah’S Open Courts Clause, Jarom R. Jones
Mormonism, Originalism, And Utah’S Open Courts Clause, Jarom R. Jones
BYU Law Review
No abstract provided.
Commandments, Crosses, & Prayers: The Roberts Court’S Approach To Public Religion, Zachary D. Smith
Commandments, Crosses, & Prayers: The Roberts Court’S Approach To Public Religion, Zachary D. Smith
BYU Law Review
No abstract provided.
Standing In For The State: Defending Ballot Initiatives In Federal Court Challenges, Joshua J. Bishop
Standing In For The State: Defending Ballot Initiatives In Federal Court Challenges, Joshua J. Bishop
BYU Law Review
No abstract provided.
Patent Claim Interpretation Review: Deference Or Correction Driven?, Christopher A. Cotropia
Patent Claim Interpretation Review: Deference Or Correction Driven?, Christopher A. Cotropia
BYU Law Review
This Article examines the Federal Circuit’s review of claim constructions by lower tribunals to determine whether the Federal Circuit defers to lower court constructions or is making its own, independent determination as to the “correct” construction and ultimate result in the case.
The data collected from 2010 to 2013 indicates that the Federal Circuit affirms about 75% of lower court claim interpretations. While this finding is itself surprising, even more surprising is that these reviews do not appear to be driven by deference. Instead, the Federal Circuit is less likely to correct constructions that resulted in a patentee loss below, …
The Heck Conundrum: Why Federal Courts Should Not Overextend The Heck V. Humphrey Preclusion Doctrine, Lyndon Bradshaw
The Heck Conundrum: Why Federal Courts Should Not Overextend The Heck V. Humphrey Preclusion Doctrine, Lyndon Bradshaw
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.
A Failure To Communicate, Erwin Chemerinsky
The Monster In The Courtroom, Sonja R. West
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 At The Supreme Court: A Rhetorical Analysis, Lisa T. Mcelroy
Cameras At The Supreme Court: A Rhetorical Analysis, Lisa T. Mcelroy
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.
The Justices And News Judgment: The Supreme Court As News Editor, Amy Gajda
The Justices And News Judgment: The Supreme Court As News Editor, Amy Gajda
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.
Not A Free Press Court?, Lyrissa Barnett Lidsky
Moving Beyond Cameras In The Courtroom: Technology, The Media, And The Supreme Court, Mary-Rose Papandrea
Moving Beyond Cameras In The Courtroom: Technology, The Media, And The Supreme Court, Mary-Rose Papandrea
BYU Law Review
No abstract provided.
Originalism And Loving V. Virginia, Steven G. Calabresi, Andrea Matthews
Originalism And Loving V. Virginia, Steven G. Calabresi, Andrea Matthews
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 …
Implicit Balancing In The Adjudication Of Criminal Law, Aaron Arnson
Implicit Balancing In The Adjudication Of Criminal Law, Aaron Arnson
BYU Law Review
No abstract provided.
Mohamed V. Jeppesen Dataplan, Inc.: The Ninth Circuit Sends The Totten Bar Flying Away On The Jeppesen Airplane, Michael Q. Cannon
Mohamed V. Jeppesen Dataplan, Inc.: The Ninth Circuit Sends The Totten Bar Flying Away On The Jeppesen Airplane, Michael Q. Cannon
BYU Law Review
No abstract provided.
Judicial Takings In Vandevere V. Lloyd, Cory S. Clements
Judicial Takings In Vandevere V. Lloyd, Cory S. Clements
BYU Law Review
No abstract provided.
Marriage, Fundamental Premises, And The California, Connecticut, And Iowa Supreme Courts, Monte Neil Stewart, Jacob D. Briggs, Julie Slater
Marriage, Fundamental Premises, And The California, Connecticut, And Iowa Supreme Courts, Monte Neil Stewart, Jacob D. Briggs, Julie Slater
BYU Law Review
The highest courts in California, Connecticut, and Iowa recently held that the constitutional norm of equality requires the redefinition of marriage from “the union of a man and a woman” to “the union of any two persons.” The argument leading to that holding, like all arguments, proceeds from premises that the argument does not prove but that serve as the starting point for reasoning. Those premises range from the nature of contemporary American marriage to the equivalence of the pre- and post-redefinition marriage institutions, to the social costs, if any, resulting from redefinition, and to marriage’s relationship with other social …
Preventing Divisiveness: The Ninth Circuit Upholds The 1954 Pledge Amendment In Newdow V. Rio Linda Union School District, Devin Snow
BYU Law Review
No abstract provided.
Reaping The Benefits Of Class Cerification: How And When Should "Significant Proof" Be Required Post-Dukes?, Julie Slater
Reaping The Benefits Of Class Cerification: How And When Should "Significant Proof" Be Required Post-Dukes?, Julie Slater
BYU Law Review
No abstract provided.
Distilling Ashcroft: The Ninth Circuit’S Application Of National Community Standards To Internet Obscenity In United States V. Kilbride, Eric B. Ashcroft
Distilling Ashcroft: The Ninth Circuit’S Application Of National Community Standards To Internet Obscenity In United States V. Kilbride, Eric B. Ashcroft
BYU Law Review
No abstract provided.
Replacing Context For Plain Meaning In United States V. Cox
Replacing Context For Plain Meaning In United States V. Cox
BYU Law Review
No abstract provided.
But What If The Court Reporter Is Lying? The Right To Confront Hidden Declarants Found In Transcripts Of Former Testimony, Peter Nicolas
But What If The Court Reporter Is Lying? The Right To Confront Hidden Declarants Found In Transcripts Of Former Testimony, Peter Nicolas
BYU Law Review
No abstract provided.
Saving Stare Decisis: Preclusion, Precedent, And Procedural Due Process, Max Minzner
Saving Stare Decisis: Preclusion, Precedent, And Procedural Due Process, Max Minzner
BYU Law Review
No abstract provided.
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.