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Articles 1 - 30 of 32
Full-Text Articles in Law
A Basic Needs Baseline For Distributional Analysis, Ari Glogower
A Basic Needs Baseline For Distributional Analysis, Ari Glogower
BYU Law Review
Studies of income inequality and the distributive effects of taxes and government spending drive debates over progressive fiscal reform and economic justice. These distributional studies provide vital information on inequality in market outcomes and how government policies mitigate these disparities.
Despite its critical importance, however, distributional analysis encounters inevitable and familiar limitations. These studies face practical challenges in measuring income and the distributional impacts of government policies. Distributional analysis also faces inherent complications in seeking to distinguish between the effects of the market and the government.
Even if distributional analysis could precisely measure income and the effects of government policies, …
Algorithmic Governance From The Bottom Up, Hannah Bloch-Wehba
Algorithmic Governance From The Bottom Up, Hannah Bloch-Wehba
BYU Law Review
Artificial intelligence and machine learning are both a blessing and a curse for governance. In theory, algorithmic governance makes government more efficient, more accurate, and more fair. But the emergence of automation in governance also rests on public-private collaborations that expand both public and private power, aggravate transparency and accountability gaps, and create significant obstacles for those seeking algorithmic justice. In response, a nascent body of law proposes technocratic policy changes to foster algorithmic accountability, ethics, and transparency.
This Article examines an alternative vision of algorithmic governance, one advanced primarily by social and labor movements instead of technocrats and firms. …
The Rise And Fall Of Human Dignity, Nicholas Aroney
The Rise And Fall Of Human Dignity, Nicholas Aroney
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.
Russian Symphonia Vs. Rule Of Law?, Mikhail Antonov
Russian Symphonia Vs. Rule Of Law?, Mikhail Antonov
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.
The Costs Of Separation: Incarcerated Mothers And The Socioeconomic Benefits Of Community-Based Alternatives For Nonviolent Offenders, Rahgan Jensen
The Costs Of Separation: Incarcerated Mothers And The Socioeconomic Benefits Of Community-Based Alternatives For Nonviolent Offenders, Rahgan Jensen
Brigham Young University Journal of Public Law
No abstract provided.
Safety Net Or Trap? A Policy-Oriented Analysis Of The Public Sex Offender Registry As Compelled Speech, Ann Weigly Deam
Safety Net Or Trap? A Policy-Oriented Analysis Of The Public Sex Offender Registry As Compelled Speech, Ann Weigly Deam
Brigham Young University Journal of Public Law
No abstract provided.
Clark Memorandum: Fall 2020, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society
Clark Memorandum: Fall 2020, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society
The Clark Memorandum
Read on Issuu
Religions As Sovereigns: Why Religion Is "Special", Elizabeth Clark
Religions As Sovereigns: Why Religion Is "Special", Elizabeth Clark
Faculty Scholarship
Commentators increasingly challenge religion’s privileged legal status, arguing that it is not “special” or distinct from other associations or philosophical or conscientious claims. I propose that religion is “special” because it functions metaphorically as a legal sovereign, asserting supreme authority over a realm of human life. Under a religion-as-sovereign theory, religious freedom can be understood as at least partial deference to a religious sovereign in a system of shared or overlapping sovereignty. This Article suggests that federalism, which also involves shared sovereignty, can provide a useful heuristic device for examining religious freedom. Specifically, the Article examines a range of federalism …
Law In A Plural Society: Malaysian Experience, Zaki Azmi
Law In A Plural Society: Malaysian Experience, Zaki Azmi
BYU Law Review
No abstract provided.
Echoes From The Past: What We Can Learn About Unity, Belonging And Respecting Differences From The Flag Salute Cases, Brett G. Scharffs
Echoes From The Past: What We Can Learn About Unity, Belonging And Respecting Differences From The Flag Salute Cases, Brett G. Scharffs
Brigham Young University Journal of Public Law
No abstract provided.
Ways To Change: A Reevaluation Of Article V Campaigns And Legislative Constitutionalism , Mary Ziegler
Ways To Change: A Reevaluation Of Article V Campaigns And Legislative Constitutionalism , Mary Ziegler
BYU Law Review
No abstract provided.
Religions, Human Rights, And Civil Society: Lessons From The Seventeenth Century For The Twenty-First Century, J. Paul Martin
Religions, Human Rights, And Civil Society: Lessons From The Seventeenth Century For The Twenty-First Century, J. Paul Martin
BYU Law Review
No abstract provided.
Religion And Education In Bosnia: Integration Not Segregation?, Charles J. Russo
Religion And Education In Bosnia: Integration Not Segregation?, Charles J. Russo
BYU Law Review
No abstract provided.
The Dissolution Of Core Values: Development Of Crime And Society In Postwar Scandinavia With An Emphasis On Norwegian Circumstances, Georg Fr. Rieber-Mohn
The Dissolution Of Core Values: Development Of Crime And Society In Postwar Scandinavia With An Emphasis On Norwegian Circumstances, Georg Fr. Rieber-Mohn
BYU Law Review
No abstract provided.
The Poverty Of Academic Rhetoric, Frederick Mark Gedicks
The Poverty Of Academic Rhetoric, Frederick Mark Gedicks
Faculty Scholarship
No abstract provided.
The Emergence Of The Social Dimension Of The European Economic Community, Timothy W. Dowdy
The Emergence Of The Social Dimension Of The European Economic Community, Timothy W. Dowdy
BYU Law Review
No abstract provided.
Democracy, Autonomy, And Values: Some Thoughts On Religion And Law In Modern America, Frederick Mark Gedicks, Roger Hendrix
Democracy, Autonomy, And Values: Some Thoughts On Religion And Law In Modern America, Frederick Mark Gedicks, Roger Hendrix
Faculty Scholarship
No abstract provided.
The Jury As A Source Of Reasonable Search And Seizure Law, Ronald J. Bacigal
The Jury As A Source Of Reasonable Search And Seizure Law, Ronald J. Bacigal
BYU Law Review
No abstract provided.
The Gap Between Law And Moral Order: An Examination Of The Legitimacy Of The Supreme Court Abortion Decisions, Lynn D. Wardle
The Gap Between Law And Moral Order: An Examination Of The Legitimacy Of The Supreme Court Abortion Decisions, Lynn D. Wardle
BYU Law Review
No abstract provided.
In Search Of A Role For The Legal System, Fernando E. Agrait
In Search Of A Role For The Legal System, Fernando E. Agrait
BYU Law Review
No abstract provided.
The Role Of Lawyers: Beyond Advocacy, William Rich
The Role Of Lawyers: Beyond Advocacy, William Rich
BYU Law Review
No abstract provided.
Dworkin's Rights Thesis: Implications For The Relationship Between The Legal Order And The Moral Order, Livingston Baker
Dworkin's Rights Thesis: Implications For The Relationship Between The Legal Order And The Moral Order, Livingston Baker
BYU Law Review
No abstract provided.
Law, Society, And Moral Order: Introduction To The Symposium, Richard D. Schwartz
Law, Society, And Moral Order: Introduction To The Symposium, Richard D. Schwartz
BYU Law Review
No abstract provided.
Law, The Problems Of Poverty, And The "Myth Of Rights", Michael Diamond
Law, The Problems Of Poverty, And The "Myth Of Rights", Michael Diamond
BYU Law Review
No abstract provided.
Counseling, Consulting, And Consent: Abortion And The Doctor-Patient Relationship, Mary Anne Wood, W. Cole Durham Jr.
Counseling, Consulting, And Consent: Abortion And The Doctor-Patient Relationship, Mary Anne Wood, W. Cole Durham Jr.
BYU Law Review
No abstract provided.
J. Reuben Clark Memo: Fall 1978, Brigham Young University School Of Law
J. Reuben Clark Memo: Fall 1978, Brigham Young University School Of Law
The Clark Memorandum
- J. Reuben Clark,Jr.
- The Clark Memorandum on the Monroe Doctrine (J. Reuben Clark, Jr.)
- The Role of the Lawyer in Modern Society (Chief Justice Warren E. Burger)
- The Student and Teacher Relationship (Rex E. Lee)
- The Ordinary Religion of the Law School Classroom (Roger C. Crampton)
Sterilization, Retardation, And Parental Authority
Sterilization, Retardation, And Parental Authority
BYU Law Review
No abstract provided.
Falling Rocks And Rising Risks In New Lands Of Law, Roger J. Traynor
Falling Rocks And Rising Risks In New Lands Of Law, Roger J. Traynor
BYU Law Review
No abstract provided.