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Articles 31 - 60 of 65

Full-Text Articles in Law

Interstate Pluralism: The Role Of Federalism In The Same-Sex Marriage Debate, Jeffrey L. Rensberger Dec 2008

Interstate Pluralism: The Role Of Federalism In The Same-Sex Marriage Debate, Jeffrey L. Rensberger

BYU Law Review

No abstract provided.


Abortion Across State Lines, Joseph W. Dellapenna Dec 2008

Abortion Across State Lines, Joseph W. Dellapenna

BYU Law Review

No abstract provided.


Interstate Recognition Of Adoptions: On Jurisdiction, Full Faith And Credit, And The Kinds Of Challenges The Future May Bring, Mark Strasser Dec 2008

Interstate Recognition Of Adoptions: On Jurisdiction, Full Faith And Credit, And The Kinds Of Challenges The Future May Bring, Mark Strasser

BYU Law Review

No abstract provided.


State Constitutionality And Adequacy: Signposts Of Concern On Utah's Path Toward Developing Vouchers, Scott Ellis Ferrin, Pamela R. Hallam May 2008

State Constitutionality And Adequacy: Signposts Of Concern On Utah's Path Toward Developing Vouchers, Scott Ellis Ferrin, Pamela R. Hallam

BYU Law Review

No abstract provided.


"Manifest" Destiny?: How Some Courts Have Fallaciously Come To Require A Greater Showing Of Congressional Intent For Jurisdictional Exhaustion Than They Require For Preemption, Colin Miller Mar 2008

"Manifest" Destiny?: How Some Courts Have Fallaciously Come To Require A Greater Showing Of Congressional Intent For Jurisdictional Exhaustion Than They Require For Preemption, Colin Miller

BYU Law Review

No abstract provided.


Are State Marriage Amendments Bills Of Attainder?: A Case Study Of Utah's Amendment Three, Daniel H. Walker Sep 2005

Are State Marriage Amendments Bills Of Attainder?: A Case Study Of Utah's Amendment Three, Daniel H. Walker

BYU Law Review

No abstract provided.


Battle Over Control Of Low-Level Radioactive Waste: Some States Are Overstepping Their Bounds, Melissa Beutler Orien Mar 2005

Battle Over Control Of Low-Level Radioactive Waste: Some States Are Overstepping Their Bounds, Melissa Beutler Orien

BYU Law Review

No abstract provided.


Salvaging States' Rights To Protect Children From Internet Predation: State Power To Regulate Internet Activity Under The Dormant Commerce Clause, Julie Sorenson Stanger Mar 2005

Salvaging States' Rights To Protect Children From Internet Predation: State Power To Regulate Internet Activity Under The Dormant Commerce Clause, Julie Sorenson Stanger

BYU Law Review

No abstract provided.


So You've Been Preempted-What Are You Going To Do Now?: Solutions For States Following Federal Preemption Of State Predatory Lending Statutes, Christopher R. Childs May 2004

So You've Been Preempted-What Are You Going To Do Now?: Solutions For States Following Federal Preemption Of State Predatory Lending Statutes, Christopher R. Childs

BYU Law Review

No abstract provided.


May Congress Grant The States The Power To Violate The Equal Protection Clause? Aliessa V. Novello And Title Iv Of The Personal Responsibility And Work Opportunity Reconciliation Act Of 1996, Karin H. Berg Mar 2003

May Congress Grant The States The Power To Violate The Equal Protection Clause? Aliessa V. Novello And Title Iv Of The Personal Responsibility And Work Opportunity Reconciliation Act Of 1996, Karin H. Berg

Brigham Young University Journal of Public Law

No abstract provided.


Arising Under Jurisdiction In The Federalism Renaissance: Verizon Maryland Inc. V. Public Service Commission Of Maryland Sep 2002

Arising Under Jurisdiction In The Federalism Renaissance: Verizon Maryland Inc. V. Public Service Commission Of Maryland

BYU Law Review

No abstract provided.


The Sixth Circuit Dropped The Ball: An Analysis Of Brentwood Academy V. Tennessee Secondary School Athletic Ass'n In Light Of The Supreme Court's Recent Trends In State Action Jurisprudence, Josiah N. Drew Sep 2001

The Sixth Circuit Dropped The Ball: An Analysis Of Brentwood Academy V. Tennessee Secondary School Athletic Ass'n In Light Of The Supreme Court's Recent Trends In State Action Jurisprudence, Josiah N. Drew

BYU Law Review

No abstract provided.


Exporting And Importing Domestic Partnerships: Some Conflict-Of-Laws Questions And Concerns, Ralph U. Whitten Sep 2001

Exporting And Importing Domestic Partnerships: Some Conflict-Of-Laws Questions And Concerns, Ralph U. Whitten

BYU Law Review

This article is about conflicts of laws questions relating to domestic partnerships. The article points out that since there will be states that recognize domestic partnerships because the American Law Institute has expressed approval of domestic partnerships, there will be conflict of laws problems if not all states recognize it. The purpose of this article is to describe some of the conflicts issues that arise when parties to domestic partnerships have, or develop, contacts with more than one state. The article does so by explaining the two broad areas in which these conflicts will arise and by showing that there …


Katie John V. United States: Balancing Alaskan State Sovereignty With A Native Grandmother's Right To Fish, Ryan T. Peel Mar 2001

Katie John V. United States: Balancing Alaskan State Sovereignty With A Native Grandmother's Right To Fish, Ryan T. Peel

Brigham Young University Journal of Public Law

No abstract provided.


The Practical Power Of State And Local Governments To Enforce Federal Immigration Laws, Jay T. Jorgensen Nov 1997

The Practical Power Of State And Local Governments To Enforce Federal Immigration Laws, Jay T. Jorgensen

BYU Law Review

No abstract provided.


A Contract-Enhancing Norm Limiting Federal Preemption Of Presumptively State Domains, Nim Razook May 1997

A Contract-Enhancing Norm Limiting Federal Preemption Of Presumptively State Domains, Nim Razook

Brigham Young University Journal of Public Law

No abstract provided.


Advancing Education Through Education Clauses Of State Constitutions, Robert M. Jensen False Mar 1997

Advancing Education Through Education Clauses Of State Constitutions, Robert M. Jensen False

Brigham Young University Education and Law Journal

No abstract provided.


The History Of Suffrage And Equal Rights Provisions In State Constitutions, Carrie Hillyard Mar 1996

The History Of Suffrage And Equal Rights Provisions In State Constitutions, Carrie Hillyard

Brigham Young University Journal of Public Law

No abstract provided.


Predatory Governmental Zoning Practices And The Supreme Court's New Takings Clause Formulation: Timing, Value, And R.Lb.E., William C. Leigh, Bruce W. Burton Sep 1993

Predatory Governmental Zoning Practices And The Supreme Court's New Takings Clause Formulation: Timing, Value, And R.Lb.E., William C. Leigh, Bruce W. Burton

BYU Law Review

No abstract provided.


The Role Of Local Governments In Striking The Proper Balance Between Individualism And Communitarianism: Lessons For And From Americans, Kevin J. Worthen May 1993

The Role Of Local Governments In Striking The Proper Balance Between Individualism And Communitarianism: Lessons For And From Americans, Kevin J. Worthen

BYU Law Review

No abstract provided.


Individualism And Communitarianism In A Contemporary Polish Legal System: Tensions And Accommodations, Miroslaw Wyrzykowski May 1993

Individualism And Communitarianism In A Contemporary Polish Legal System: Tensions And Accommodations, Miroslaw Wyrzykowski

BYU Law Review

No abstract provided.


Public School Financing In The United States: More On The Dark Side Of Intermediate Structures, John C. Reitz May 1993

Public School Financing In The United States: More On The Dark Side Of Intermediate Structures, John C. Reitz

BYU Law Review

No abstract provided.


Two Sides Of The Same Coin: The Potential Normative Power Of American Cities And Indian Tribes, Kevin J. Worthen Jan 1991

Two Sides Of The Same Coin: The Potential Normative Power Of American Cities And Indian Tribes, Kevin J. Worthen

Faculty Scholarship

People do not normally associate cities with Indian reservations. The mental images typically conjured by each term are radically different. Perhaps for that reason, few think of city governments and tribal governments in similar terms.

However, the two forms of government - cities and Indian reservations - have many things in common. Both are excluded from the federal constitutional framework. Both are subject to the plenary power of one of the constitutionally recognized governments - cities to the state government, tribes to the federal government. Both are the most intimate form of government with which most of their residents are …


Utah Government Immunity Act And Government Hospitals: Condemarin V. University Hospital, Michael A. Royal May 1990

Utah Government Immunity Act And Government Hospitals: Condemarin V. University Hospital, Michael A. Royal

Brigham Young University Journal of Public Law

No abstract provided.


The State Constitutional Right To Privacy Conflicts With Tax Reporting Requiremnets: The Florida Model, Daniel R. Gorgon Mar 1990

The State Constitutional Right To Privacy Conflicts With Tax Reporting Requiremnets: The Florida Model, Daniel R. Gorgon

Brigham Young University Journal of Public Law

No abstract provided.


Foreign Direct Investment In The United States: The Differing Perspectives Of Washington, D;·C. And The State Capitals, Earl H. Fry May 1989

Foreign Direct Investment In The United States: The Differing Perspectives Of Washington, D;·C. And The State Capitals, Earl H. Fry

BYU Law Review

No abstract provided.


Standing And Liability Of State And Local Government Under The Civil Rico Statute, Paul A. Hoffman Mar 1989

Standing And Liability Of State And Local Government Under The Civil Rico Statute, Paul A. Hoffman

BYU Law Review

No abstract provided.


National Trends In Court Review Of Agency Action: Some Reflections On The Model State Administrative Procedure Act And New Utah Administrative Procedure Act, Dave Frohnmayer Mar 1989

National Trends In Court Review Of Agency Action: Some Reflections On The Model State Administrative Procedure Act And New Utah Administrative Procedure Act, Dave Frohnmayer

Brigham Young University Journal of Public Law

No abstract provided.


Mandating State Agency Lawmaking By Rule, Arthur Earl Bonfield May 1988

Mandating State Agency Lawmaking By Rule, Arthur Earl Bonfield

Brigham Young University Journal of Public Law

No abstract provided.


Regulatory Explosion: Observations On Understanding Utah Administrative Rules, William S. Callaghan May 1988

Regulatory Explosion: Observations On Understanding Utah Administrative Rules, William S. Callaghan

Brigham Young University Journal of Public Law

No abstract provided.