Law Commons^™

Clark Memorandum: Spring 2022, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society

The Clark Memorandum

• General Joseph Smith and His Candidacy for the Presidency of the United States
• Leadership Lessons from the Life of Dallin H. Oaks
• Flunking the Founding
• Seven Lessons from the Life of Rex Lee

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

Brigham Young University Journal of Public Law

No abstract provided.

The Courts And Foreign Affairs At The Founding, Kevin Arlyck

BYU Law Review

No abstract provided.

The Death Of Deference And The Domestication Of Treaty Law, Harlan Grant Cohen

BYU Law Review

No abstract provided.

Four Problems With The Draft Restatement’S Treatment Of Treaty Self-Execution, Carlos Manuel Vázquez

BYU Law Review

No abstract provided.

A New Imperialism? Evaluating Russia’S Acquisition Of Crimea In The Context Of National And International Law, Trevor Mcdougal

BYU Law Review

No abstract provided.

Taming Madison’S Monster: How To Fix Self-Execution Doctrine, David L. Sloss

BYU Law Review

No abstract provided.

What Should The Restatement (Fourth) Say About Treaty Interpretation?, Jean Galbraith

BYU Law Review

The Restatement (Second) and Restatement (Third) of the Foreign Relations Law took notably different approaches to treaty interpretation, reflecting intervening changes in the legal landscape. This symposium contribution identifies five developments in international and domestic law since the Restatement (Third). It then considers their import for the forthcoming Restatement (Fourth). Most importantly, it argues that the Restatement (Fourth) should fully incorporate two articles on treaty interpretation from the Vienna Convention on the Law of Treaties into its black-letter provisions. Since the time of the Restatement (Third), these articles have become central to international practice on treaty interpretation, and the principles …

A Textual Approach To Treaty Non-Self-Execution, Michael D. Ramsey

BYU Law Review

No abstract provided.

Treaties And The Presumption Against Preemption, David H. Moore

BYU Law Review

No abstract provided.

The Political Theory Of Treaties In The Restatements Of Foreign Relations Law, John T. Parry

BYU Law Review

No abstract provided.

The Proposed Restatement (Fourth) Of The Foreign Relations Law Of The United States: Treaties—Some Serious Procedural And Substantive Concerns, Leila Nadya Sadat

BYU Law Review

No abstract provided.

Constraining Charming Betsy: Textual Ambiguity As A Predicate To Applying The Charming Betsy Doctrine, Andrew H. Bean

BYU Law Review

No abstract provided.

United Nations Arms Trade Treaty: Russia's Justifications For Abstention And The Treaty's Effectiveness In Application, Joshua D. Sorenson

Brigham Young University International Law & Management Review

No abstract provided.

Working Toward World Peace In Non-International Armed Conflict: In A World Of Uncertainty, Terrorism, And Disagreements, Is It Ossible?, Victoria Carlton

Brigham Young University International Law & Management Review

No abstract provided.

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 …

Beyond One Voice, David H. Moore

Faculty Scholarship

The one-voice doctrine, a mainstay of U.S. foreign relations jurisprudence, maintains that in its external relations the United States must be able to speak with one voice. The doctrine has been used to answer critical questions about the foreign affairs powers of the President, Congress, the courts, and U.S. states. Notwithstanding its prominence, the one-voice doctrine has received relatively little sustained attention. This Article offers the first comprehensive assessment of the doctrine. The assessment proves fatal.

Despite broad use and value in certain contexts, the one-voice doctrine is fundamentally flawed. The doctrine not only is used to address divergent questions …

Liberal Democracy And The Right To Religious Freedom, Aldir Guedes Soriano

BYU Law Review

Foremost, this paper examines the current situation of the rights to religious freedom and democracy around the world, which deserve attention and concern. Civil liberties are currently in crossfire. This article examines the foundations of the right to religious freedom. Depending on the philosophical foundations, there are two different rationales for the right to religious freedom: liberal and anti-liberal. According to the liberal tradition, the best reason to protect religious freedom rests upon the autonomy of the individual conscience. It is clear that a constitutional democracy does not allow the establishment of any religion by the government, using either executive …

The Dual-Faceted Federalism Framework And The Derivative Constitutional Status Of Local Governments, Michael W. Cannon

BYU Law Review

No abstract provided.

The Political Economy Of China’S Regulatory State: A Reappraisal, Miron Mushkat, Roda Mushkat

Brigham Young University Journal of Public Law

No abstract provided.

Copyright And Democratization In Africa, John Mukum Mbaku

Brigham Young University International Law & Management Review

No abstract provided.

A Study On The Development Of A Global Community From A Legal Perspective, Sung-Soo Han

Brigham Young University International Law & Management Review

No abstract provided.

Immature Citizens And The State, Vivian E. Hamilton

BYU Law Review

No abstract provided.

A Two-Edged Sword: The Economy Cooperation Framework Agreement Between The Republic Of China And The People's Republic Of China, Chi-An Chou

Brigham Young University International Law & Management Review

No abstract provided.

The President's Unconstitutional Treatymaking, David H. Moore

Faculty Scholarship

The President of the United States frequently signs international agreements but postpones ratification pending Senate consent. Under international law, a state that signs a treaty subject to later ratification must avoid acts that would defeat the treaty's object and purpose until the nation clearly communicates its intent not to join. As a result, the President in signing assumes interim treaty obligations before the treatymaking process is complete. Despite the pervasiveness of this practice, scholars have neglected the question of its constitutionality. As this Article demonstrates, the practice is unconstitutional. Neither the text, structure, nor history of the Constitution supports the …

Do U.S. Courts Discriminate Against Treaties?: Equivalence, Duality, And Treaty Non-Self-Execution, David H. Moore

Faculty Scholarship

No abstract provided.

Suboptimal Executive Privilege, Stephen C. N. Lilley

BYU Law Review

No abstract provided.

Clark Memorandum: Fall 2009, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School

The Clark Memorandum

• Latter-day Saint Lawyers and the Public Square (Elder Quentin L. Cook)
• Originalist Roots of Substantive Due Process (Frederick Mark Gedicks)
• The Triumph of the Atonement (Elder Earl C. Tingey)
• The Heart of Lawyering (Kristin B. Gerdy)

Deliberative Constitutionalism, John J. Worley

BYU Law Review

No abstract provided.