Open Access. Powered by Scholars. Published by Universities.®
- Publication Year
Articles 1 - 30 of 115
Full-Text Articles in Law
The Right To Be Proselytized Under International Law, Ryan Cheney
The Right To Be Proselytized Under International Law, Ryan Cheney
BYU Law Review
Legal analyses of proselytism have tended to focus on the rights of the proselytizer and on the right of the target of proselytism, or “proselytizee,” to be free from such “interference.” However, such analyses do not fully account for all rights involved in proselytism. When people are prevented from being proselytized, such as by law or by persecution, an important consequence is that they are cut off from a significant source of information on and mechanism for exploring and joining other religions. Despite stigmatizations of proselytism, many people regularly accept it and learn about and join other faiths through it. …
Updating The Berne Convention For The Internet Age: Un-Blurring The Line Between United States And Foreign Copyrighted Works, Ethan Schow
Brigham Young University Journal of Public Law
John Naughton, notable journalist and academic, has asserted that “[common sense] should also revolt at the idea that doctrines about copyright that were shaped in a pre-Internet age should apply to a post-Internet one.” And yet, in crucial aspects of international law, this is the situation in which the world finds itself today. The Berne Convention for the Protection of Literary and Artistic Works (the “Berne Convention” or the “Convention”) is one of the most important multinational agreements concerned with copyright law, but it has not been amended since September 28, 1979. Although the internet technically existed in an early …
Schrödinger’S Cat: A Constitutional Alien In Australia?, Benjamen Franklen Gussen
Schrödinger’S Cat: A Constitutional Alien In Australia?, Benjamen Franklen Gussen
Brigham Young University Journal of Public Law
No abstract provided.
Instigator And Proxy Liability In The Context Of Information Operations, Carolyn Sharp
Instigator And Proxy Liability In The Context Of Information Operations, Carolyn Sharp
Brigham Young University Journal of Public Law
No abstract provided.
Regulating Strategic Sovereign Wealth, Paul Rose
Regulating Strategic Sovereign Wealth, Paul Rose
BYU Law Review
In an era of ascendant globalization, sovereign wealth funds were used by governments around the world – and, in particular, by governments with massive natural resource wealth or balance-of-trade surpluses – to invest widely in foreign markets. Sovereign wealth funds were products of the international economic order then in existence, adapted to a political and economic environment in which borders could be easily crossed and foreign assets seemed abundant and easily acquired. After the Financial Crisis, and with the increasing nationalization seen in the 2010s, this environment began to change. Both domestic and international forces spurred the development of new, …
A Symbol Of Unity: Freeing The Aboriginal Flag, Dominic Shaw
A Symbol Of Unity: Freeing The Aboriginal Flag, Dominic Shaw
BYU Law Review
No abstract provided.
Christian Accounts Of Religious Liberty: Two Views Of Conscience, Joel Harrison
Christian Accounts Of Religious Liberty: Two Views Of Conscience, Joel Harrison
BYU Law Review
No abstract provided.
Catholicism, Liberalism, And Populism, Andrea Pin, Luca P. Vanoni
Catholicism, Liberalism, And Populism, Andrea Pin, Luca P. Vanoni
BYU Law Review
No abstract provided.
Human Dignity Has No Borders: Respecting The Rights Of “People On The Move” And The Rights And Religious Freedom Of Those Who Aid Them, Christine M. Venter
Human Dignity Has No Borders: Respecting The Rights Of “People On The Move” And The Rights And Religious Freedom Of Those Who Aid Them, Christine M. Venter
BYU Law Review
No abstract provided.
What Does The State Owe To Its People? Toward A “Responsibility To Develop”, Amit Khardori
What Does The State Owe To Its People? Toward A “Responsibility To Develop”, Amit Khardori
BYU Law Review
No abstract provided.
Death Star Drones: How Missile Defense Drone Technology Marks The Advent Of Contingent Sovereignty, Ben Forsgren
Death Star Drones: How Missile Defense Drone Technology Marks The Advent Of Contingent Sovereignty, Ben Forsgren
BYU Law Review
Are advances in national security worth pursuing at the expense of sovereign equality? A new U.S. drone program may soon force the world to decide. Thanks to recent technological advances in unmanned aerial vehicles (UAV) and directed energy weapons, the United States will soon have a fleet of missile defense UAVs outfitted with advanced laser weapons designed to destroy intercontinental ballistic missiles before the missiles complete their launch phase. While these drones would significantly decrease the threat of a nuclear attack against the United States, they can only function if they are preemptively stationed in the sovereign airspace of other …
With An Even Hand: The Call For Pakistan’S Executive Task Force For Religious Tolerance, J. Clifford Wallace
With An Even Hand: The Call For Pakistan’S Executive Task Force For Religious Tolerance, J. Clifford Wallace
BYU Law Review
No abstract provided.
Boundary Dispute: The Presumption Against Extraterritoriality As Judicial Nondelegation, Luke Bell
Boundary Dispute: The Presumption Against Extraterritoriality As Judicial Nondelegation, Luke Bell
BYU Law Review
No abstract provided.
The Death Of Deference And The Domestication Of Treaty Law, Harlan Grant Cohen
The Death Of Deference And The Domestication Of Treaty Law, Harlan Grant Cohen
BYU Law Review
No abstract provided.
Four Problems With The Draft Restatement’S Treatment Of Treaty Self-Execution, Carlos Manuel Vázquez
Four Problems With The Draft Restatement’S Treatment Of Treaty Self-Execution, Carlos Manuel Vázquez
BYU Law Review
No abstract provided.
A New Imperialism? Evaluating Russia’S Acquisition Of Crimea In The Context Of National And International Law, Trevor Mcdougal
A New Imperialism? Evaluating Russia’S Acquisition Of Crimea In The Context Of National And International Law, Trevor Mcdougal
BYU Law Review
No abstract provided.
Taming Madison’S Monster: How To Fix Self-Execution Doctrine, David L. Sloss
Taming Madison’S Monster: How To Fix Self-Execution Doctrine, David L. Sloss
BYU Law Review
No abstract provided.
What Should The Restatement (Fourth) Say About Treaty Interpretation?, Jean Galbraith
What Should The Restatement (Fourth) Say About Treaty Interpretation?, Jean Galbraith
BYU Law Review
The Restatement (Second) and Restatement (Third) of the Foreign Relations Law took notably different approaches to treaty interpretation, reflecting intervening changes in the legal landscape. This symposium contribution identifies five developments in international and domestic law since the Restatement (Third). It then considers their import for the forthcoming Restatement (Fourth). Most importantly, it argues that the Restatement (Fourth) should fully incorporate two articles on treaty interpretation from the Vienna Convention on the Law of Treaties into its black-letter provisions. Since the time of the Restatement (Third), these articles have become central to international practice on treaty interpretation, and the principles …
Presidential Pronouncements Of Customary International Law As An Alternative To The Senate’S Advice And Consent, Eric Talbot Jensen
Presidential Pronouncements Of Customary International Law As An Alternative To The Senate’S Advice And Consent, Eric Talbot Jensen
BYU Law Review
The Restatement (Fourth) of Foreign Relations Law of the United States has thus far focused on the status of treaties in United States law, and has not specifically considered the topic of customary international law. While the American Law Institute undoubtedly has good reasons for its approach, there is an emerging presidential practice that should catch the attention of the drafters and encourage them to make at least a small foray into customary international law’s impact on the domestic law of the United States. This practice consists of presidents proclaiming to the international community that certain provisions of treaties that …
A Textual Approach To Treaty Non-Self-Execution, Michael D. Ramsey
A Textual Approach To Treaty Non-Self-Execution, Michael D. Ramsey
BYU Law Review
No abstract provided.
Treaties And The Presumption Against Preemption, David H. Moore
Treaties And The Presumption Against Preemption, David H. Moore
BYU Law Review
No abstract provided.
The Political Theory Of Treaties In The Restatements Of Foreign Relations Law, John T. Parry
The Political Theory Of Treaties In The Restatements Of Foreign Relations Law, John T. Parry
BYU Law Review
No abstract provided.
The Proposed Restatement (Fourth) Of The Foreign Relations Law Of The United States: Treaties—Some Serious Procedural And Substantive Concerns, Leila Nadya Sadat
The Proposed Restatement (Fourth) Of The Foreign Relations Law Of The United States: Treaties—Some Serious Procedural And Substantive Concerns, Leila Nadya Sadat
BYU Law Review
No abstract provided.
Forced Marriage At The Cambodian Crossroads: Eccc Can Develop A New Crime Against Humanity, Cameron Christensen
Forced Marriage At The Cambodian Crossroads: Eccc Can Develop A New Crime Against Humanity, Cameron Christensen
BYU Law Review
No abstract provided.
Constraining Charming Betsy: Textual Ambiguity As A Predicate To Applying The Charming Betsy Doctrine, Andrew H. Bean
Constraining Charming Betsy: Textual Ambiguity As A Predicate To Applying The Charming Betsy Doctrine, Andrew H. Bean
BYU Law Review
No abstract provided.
Mass Crimes Adjudication In Indonesia: Learning From The Cambodian Example, Renée Harrison
Mass Crimes Adjudication In Indonesia: Learning From The Cambodian Example, Renée Harrison
Brigham Young University International Law & Management Review
No abstract provided.
Resolving International Water Disputes: Lessons From American And Canadian Federalism, Aaron Worthen
Resolving International Water Disputes: Lessons From American And Canadian Federalism, Aaron Worthen
Brigham Young University International Law & Management Review
No abstract provided.
Does The Russian Adoption Ban Violate International Law?, Christina Champenois
Does The Russian Adoption Ban Violate International Law?, Christina Champenois
Brigham Young University International Law & Management Review
No abstract provided.
The Shanghai Cooperation Organization's Bid To Transform International Law, David Ward
The Shanghai Cooperation Organization's Bid To Transform International Law, David Ward
Brigham Young University International Law & Management Review
No abstract provided.
Promoting Impartiality Of International Commercial Arbitrators Through Chinese Criminal Law: Arbitration By "Perversion Of Law", Deng Ruiping, Duan Xiaosong
Promoting Impartiality Of International Commercial Arbitrators Through Chinese Criminal Law: Arbitration By "Perversion Of Law", Deng Ruiping, Duan Xiaosong
Brigham Young University International Law & Management Review
No abstract provided.