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Full-Text Articles in Law
Criminals Behind The Veil: Political Philosophy And Punishment, Chad Flanders
Criminals Behind The Veil: Political Philosophy And Punishment, Chad Flanders
Brigham Young University Journal of Public Law
No abstract provided.
What Color Is The Number Seven? Category Mistakes Analysis And The "Legislative/Non-Legislative" Distinction, John Martinez
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.
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
Brigham Young University Journal of Public Law
No abstract provided.
The Best Interest Is The Child: A Historical Philosophy For Modern Issues, Lahny R. Silva
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 …
Taking Mistakes Seriously, Paul J. Larkin Jr.
Taking Mistakes Seriously, Paul J. Larkin Jr.
Brigham Young University Journal of Public Law
Part I of this article discusses the principle that mistake or ignorance of the law is no excuse. It is settled law that no one can defend against a criminal charge on the grounds that he did not intend to flout the law and, at worst, made only a reasonable, honest mistake as to what he was free to do. Part II examines several areas in which the law does precisely the opposite by repeatedly manifesting a willingness to forgive reasonable mistakes by one or more actors in the criminal justice system. Part III then asks whether the developments discussed …
The Forgotten Founding Document: Considering The Ends Of The Law, A. Scott Loveless
The Forgotten Founding Document: Considering The Ends Of The Law, A. Scott Loveless
Brigham Young University Journal of Public Law
On the difficult moral issues confronting the judiciary today, a long overlooked bit of guidance is provided in the Declaration of Independence, natural law. This paper discusses the moral foundations of the Constitution and their relation to positive law, primarily addressing "same-sex marriage" in the context of Proposition 8 in California, but broadly applicable to other moral/legal conflicts such as abortion and the display of religious texts on public grounds, such as the Ten Commandments. It also challenges the judicial activism evident in many such cases as a judicial violation of the requirements of substantive due process.
The Swinging Pendulum Of Sentencing Reform: Political Actors Regulating District Court Discretion, Lydia Brashear Tiede
The Swinging Pendulum Of Sentencing Reform: Political Actors Regulating District Court Discretion, Lydia Brashear Tiede
Brigham Young University Journal of Public Law
No abstract provided.
Cunningham V. California: The U.S. Supreme Court Painted Into A Corner, Jacob Strain
Cunningham V. California: The U.S. Supreme Court Painted Into A Corner, Jacob Strain
Brigham Young University Journal of Public Law
No abstract provided.
Proposition 36: Ignoring Amenability And Avoiding Accountability, Mehgan Porter
Proposition 36: Ignoring Amenability And Avoiding Accountability, Mehgan Porter
Brigham Young University Journal of Public Law
No abstract provided.
Holding Virtual Child Pornography Creators Liable By Judicial Redress: An Alternative Approach To Overcoming The Obstacles Presented In Ashcroft V. Free Speech Coalition, Daniel W. Bower
Brigham Young University Journal of Public Law
No abstract provided.
Which Crime Is It? The Role Of Proportionality In Recidivist Sentencing After Ewing V. California, Richard H. Andrus
Which Crime Is It? The Role Of Proportionality In Recidivist Sentencing After Ewing V. California, Richard H. Andrus
Brigham Young University Journal of Public Law
No abstract provided.
Who Makes The Call On Capital Punishment? How Ring V. Arizona Clarifies The Apprendi Rule And The Implications On Capital Sentencing , Sim?N Cantarero
Who Makes The Call On Capital Punishment? How Ring V. Arizona Clarifies The Apprendi Rule And The Implications On Capital Sentencing , Sim?N Cantarero
Brigham Young University Journal of Public Law
No abstract provided.
Helping Children Through The Juvenile Justice Syste: A Guide For Utah Defense Attorneys, Paul Wake
Helping Children Through The Juvenile Justice Syste: A Guide For Utah Defense Attorneys, Paul Wake
Brigham Young University Journal of Public Law
No abstract provided.
United States V. Singleton And The Witness Gratuity Statute: What Is The Best Approach For The Criminal Justice System?, Melissa W. Rawlinson
United States V. Singleton And The Witness Gratuity Statute: What Is The Best Approach For The Criminal Justice System?, Melissa W. Rawlinson
Brigham Young University Journal of Public Law
No abstract provided.
Factors Contributing To Juvenile Violence In Indian Communities, Larry Echohawk
Factors Contributing To Juvenile Violence In Indian Communities, Larry Echohawk
Brigham Young University Journal of Public Law
No abstract provided.
Crime And Punishment: The Eighth Amendment's Proportionality Guarantee After Harmlin V. Michigan, John C. Rooker
Crime And Punishment: The Eighth Amendment's Proportionality Guarantee After Harmlin V. Michigan, John C. Rooker
Brigham Young University Journal of Public Law
No abstract provided.