Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 30 of 65
Full-Text Articles in Law
Informal Governance Of The United States, Edward Lee
Informal Governance Of The United States, Edward Lee
Brigham Young University Journal of Public Law
No abstract provided.
The “Weaponization” Of Corpus Linguistics: Testing Heller’S Linguistic Claims, Josh Jones
The “Weaponization” Of Corpus Linguistics: Testing Heller’S Linguistic Claims, Josh Jones
Brigham Young University Journal of Public Law
No abstract provided.
Militant Or Bystander: How To Protect Democracy, Amos N. Guiora, Kristine J. Ingle
Militant Or Bystander: How To Protect Democracy, Amos N. Guiora, Kristine J. Ingle
Brigham Young University Journal of Public Law
No abstract provided.
Militant Or Bystander: How To Protect Democracy, Judith M. Billings
Militant Or Bystander: How To Protect Democracy, Judith M. Billings
Brigham Young University Journal of Public Law
No abstract provided.
Unpatriotic Profit: How For-Profit Colleges Target Veterans And What The Government Must Do To Stop Them, Christopher J. Salemme
Unpatriotic Profit: How For-Profit Colleges Target Veterans And What The Government Must Do To Stop Them, Christopher J. Salemme
Brigham Young University Journal of Public Law
No abstract provided.
Sexual Orientation Change Efforts, Professional Psychology, And The Law: A Brief History And Analysis Of A Therapeutic Prohibition, Christopher H. Rosik
Sexual Orientation Change Efforts, Professional Psychology, And The Law: A Brief History And Analysis Of A Therapeutic Prohibition, Christopher H. Rosik
Brigham Young University Journal of Public Law
No abstract provided.
The Evolution Of Family Law: Changing The Rules Or Changing The Game, Carlos Martinez De Aguirre
The Evolution Of Family Law: Changing The Rules Or Changing The Game, Carlos Martinez De Aguirre
Brigham Young University Journal of Public Law
No abstract provided.
Regulating Marriage In A New Environment, Carmen Garcimartin
Regulating Marriage In A New Environment, Carmen Garcimartin
Brigham Young University Journal of Public Law
No abstract provided.
The Impact Of Obergefell: Traditional Marriage's New Lease On Life, David Pimentel
The Impact Of Obergefell: Traditional Marriage's New Lease On Life, David Pimentel
Brigham Young University Journal of Public Law
No abstract provided.
Assessing The History Of Exaggerated Estimates Of The Number Of Children Being Raised By Same-Sex Parents As Reported In Both Legal And Social Science Sources, Walter R. Schumm, Martin Seay, Keondria Mcclish, Keisha Clark, Abdulla Asiri, Nadyah Abdullah, Shuyi Huang
Assessing The History Of Exaggerated Estimates Of The Number Of Children Being Raised By Same-Sex Parents As Reported In Both Legal And Social Science Sources, Walter R. Schumm, Martin Seay, Keondria Mcclish, Keisha Clark, Abdulla Asiri, Nadyah Abdullah, Shuyi Huang
Brigham Young University Journal of Public Law
No abstract provided.
An International Perspective On Same-Sex Marriage Post Obergefell (And Some Thoughts On Legal Positivism As A Means Of Reconciliation): The Israeli Case, Avishalom Westreich
An International Perspective On Same-Sex Marriage Post Obergefell (And Some Thoughts On Legal Positivism As A Means Of Reconciliation): The Israeli Case, Avishalom Westreich
Brigham Young University Journal of Public Law
No abstract provided.
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.
Mary Wollstonecraft On Reason, Marriage, Family Life, And The Development Of Virtue In A Vindication Of The Rights Of Woman, Paul E. Kerry
Mary Wollstonecraft On Reason, Marriage, Family Life, And The Development Of Virtue In A Vindication Of The Rights Of Woman, Paul E. Kerry
Brigham Young University Journal of Public Law
No abstract provided.
Before There Were Mouseholes: Resurrecting The Non-Delegation Doctrine, Joel Hood
Before There Were Mouseholes: Resurrecting The Non-Delegation Doctrine, Joel Hood
Brigham Young University Journal of Public Law
No abstract provided.
I Now Pronounce You Husband And Wives: The Case For Polygamous Marriage After United States V. Windsor And Burwell V. Hobby Lobby Stores, Peter Nash Swisher
I Now Pronounce You Husband And Wives: The Case For Polygamous Marriage After United States V. Windsor And Burwell V. Hobby Lobby Stores, Peter Nash Swisher
Brigham Young University Journal of Public Law
No abstract provided.
A Prospective Analysis Of Family Fragmentation: Baby Mama Drama Meets Jane Austen, Lynne Marie Kohm
A Prospective Analysis Of Family Fragmentation: Baby Mama Drama Meets Jane Austen, Lynne Marie Kohm
Brigham Young University Journal of Public Law
No abstract provided.
The Future Of Justic Scalia's Predictions Of Family Law Doom, Robert E. Rains
The Future Of Justic Scalia's Predictions Of Family Law Doom, Robert E. Rains
Brigham Young University Journal of Public Law
No abstract provided.
The Law's Duty To Promote The Kinship System: Implications For Assisted Reproductive Techniqes And For Proposed Redefinition Of Familial Relations, Scott Fitzgibbon
The Law's Duty To Promote The Kinship System: Implications For Assisted Reproductive Techniqes And For Proposed Redefinition Of Familial Relations, Scott Fitzgibbon
Brigham Young University Journal of Public Law
No abstract provided.
"Family Cycles" And The Future Of Family Law, Allan Carlson
"Family Cycles" And The Future Of Family Law, Allan Carlson
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.
Planting Seeds Of Order: How The State Can Create, Shape, And Use Customary Law, Bryan H. Druzin
Planting Seeds Of Order: How The State Can Create, Shape, And Use Customary Law, Bryan H. Druzin
Brigham Young University Journal of Public Law
This paper argues that government can strategically trigger the emergence of customary law in order to achieve specific policy ends. While much has been written on customary law, the idea that the State can stimulate its emergence is a radical notion with clear policy implications. Harnessed correctly, such an approach could be a powerful legislative weapon to create, sustain, and even redirect social order. Building upon basic insights from game theory, the paper posits a way to do this: policymakers can deliberately recreate the social conditions that foster the emergence of customary order. The paper, however, draws a sharp divide …
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 Political Economy Of China’S Regulatory State: A Reappraisal, Miron Mushkat, Roda Mushkat
The Political Economy Of China’S Regulatory State: A Reappraisal, Miron Mushkat, Roda Mushkat
Brigham Young University Journal of Public Law
No abstract provided.
Is Greed Good? A Catholic Perspective On Modern Usury, William M. Woodyard, Chad G. Marzen
Is Greed Good? A Catholic Perspective On Modern Usury, William M. Woodyard, Chad G. Marzen
Brigham Young University Journal of Public Law
No abstract provided.
Indissoluble Nonresidential Parenthood: Making It More Than Semantics When Parents Share Parenting Responsibilities, Cynthia R. Mabry
Indissoluble Nonresidential Parenthood: Making It More Than Semantics When Parents Share Parenting Responsibilities, Cynthia R. Mabry
Brigham Young University Journal of Public Law
No abstract provided.
Preserving Relationships: Ways Attachment Theory Can Inform Custody Decisions, Susan D. Talley
Preserving Relationships: Ways Attachment Theory Can Inform Custody Decisions, Susan D. Talley
Brigham Young University Journal of Public Law
No abstract provided.