Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Legal Studies

PDF

Brigham Young University Law School

Journal

2014

Articles 1 - 8 of 8

Full-Text Articles in Law

What Color Is The Number Seven? Category Mistakes Analysis And The "Legislative/Non-Legislative" Distinction, John Martinez Nov 2014

What Color Is The Number Seven? Category Mistakes Analysis And The "Legislative/Non-Legislative" Distinction, John Martinez

Brigham Young University Journal of Public Law

No abstract provided.


Essay: Philemon, Marbury, And The Passive-Aggressive Assertion Of Legal Authority, Paul J. Larkin Jr. Nov 2014

Essay: Philemon, Marbury, And The Passive-Aggressive Assertion Of Legal Authority, Paul J. Larkin Jr.

Brigham Young University Journal of Public Law

No abstract provided.


Eric Holder's Recent Curtailment Of Mandatory Minimum Sentencing, Its Implications, And Prospects For Effective Reform, Alan Dahl Nov 2014

Eric Holder's Recent Curtailment Of Mandatory Minimum Sentencing, Its Implications, And Prospects For Effective Reform, Alan Dahl

Brigham Young University Journal of Public Law

No abstract provided.


Can Retributivism Be Saved?, Chad Flanders May 2014

Can Retributivism Be Saved?, Chad Flanders

BYU Law Review

Retributive theory has long held pride of place among theories of criminal punishment in both philosophy and in law. It has seemed, at various times, either much more intuitive, or rationally persuasive, or simply more normatively right than other theories. But retributive theory is limited, both in theory and practice, and in many of its versions is best conceived not as a theory of punishment in its own right, but instead as shorthand for a set of constraints on the exercise of punishment. Whether some version of retributive theory is a live possibility in the contemporary world remains very much …


The Best Interest Is The Child: A Historical Philosophy For Modern Issues, Lahny R. Silva Mar 2014

The Best Interest Is The Child: A Historical Philosophy For Modern Issues, Lahny R. Silva

Brigham Young University Journal of Public Law

A little over a century after the creation of the first juvenile court in America, the states and the federal government continue to try to find an effective and practical solution to juvenile delinquency. Beginning with the “Best Interest of the Child Standard” in 1899, juvenile justice policy has evolved into a mixed bag of philosophies. State statutes littered with “Best Interest” rhetoric, have interestingly resulted in state policies that are retributive in nature and disproportionately affect minority communities. The disconnect between theory and practice is the product of decades of socio-political influence on juvenile justice policy as well as …


Creating Crimmigration, César Cuahtémoc García Hernández Feb 2014

Creating Crimmigration, César Cuahtémoc García Hernández

BYU Law Review

No abstract provided.


Trans-Substantivity And The Processes Of American Law, David Marcus Feb 2014

Trans-Substantivity And The Processes Of American Law, David Marcus

BYU Law Review

The term “trans-substantive” refers to doctrine that, in form and manner of application, does not vary from one substantive context to the next. Trans-substantivity has long influenced the design of the law of civil procedure, and whether the principle should continue to do so has prompted a lot of debate among scholars. But this focus on civil procedure is too narrow. Doctrines that regulate all the processes of American law, from civil litigation to public administration, often hew to a trans-substantive norm. This Article draws upon administrative law, the doctrine of statutory interpretation, and the law of civil procedure to …


What Lies Beneath: Interpretive Methodology, Constitutional Authority, And The Case Of Originalism, Christopher J. Peters Feb 2014

What Lies Beneath: Interpretive Methodology, Constitutional Authority, And The Case Of Originalism, Christopher J. Peters

BYU Law Review

No abstract provided.