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Articles 1 - 30 of 65
Full-Text Articles in Law
A Failure To Communicate, Erwin Chemerinsky
The Monster In The Courtroom, Sonja R. West
Supreme Court Oral Argument Video: A Review Of Media Effects Research And Suggestions For Study, Edward L. Carter
Supreme Court Oral Argument Video: A Review Of Media Effects Research And Suggestions For Study, Edward L. Carter
BYU Law Review
No abstract provided.
The Justices And News Judgment: The Supreme Court As News Editor, Amy Gajda
The Justices And News Judgment: The Supreme Court As News Editor, Amy Gajda
BYU Law Review
No abstract provided.
U.S. Supreme Court Justices And Press Access, Ronnell Andersen Jones
U.S. Supreme Court Justices And Press Access, Ronnell Andersen Jones
BYU Law Review
No abstract provided.
Not A Free Press Court?, Lyrissa Barnett Lidsky
Cameras At The Supreme Court: A Rhetorical Analysis, Lisa T. Mcelroy
Cameras At The Supreme Court: A Rhetorical Analysis, Lisa T. Mcelroy
BYU Law Review
No abstract provided.
Moving Beyond Cameras In The Courtroom: Technology, The Media, And The Supreme Court, Mary-Rose Papandrea
Moving Beyond Cameras In The Courtroom: Technology, The Media, And The Supreme Court, Mary-Rose Papandrea
BYU Law Review
No abstract provided.
Cameras In The Courtroom In The Twenty-First Century: The U.S. Supreme Court Learning From Abroad?, Kyu Ho Youm
Cameras In The Courtroom In The Twenty-First Century: The U.S. Supreme Court Learning From Abroad?, Kyu Ho Youm
BYU Law Review
No abstract provided.
Repudiating The Narrow Rule In Capital Sentencing, Scott W. Howe
Repudiating The Narrow Rule In Capital Sentencing, Scott W. Howe
BYU Law Review
This Article proposes a modest reform of Eighth Amendment law governing capital sentencing to spur major reform in the understanding of the function of the doctrine. The Article urges the Supreme Court to renounce a largely empty mandate known as the “narrowing” rule and the rhetoric of equality that has accompanied it. By doing so, the Court could speak more truthfully about the important but more limited function that its capital-sentencing doctrine actually pursues, which is to ensure that no person receives the death penalty who does not deserve it. The Court could also speak more candidly than it has …
Morse V. Frederick: Tinkering With School Speech: Can Five Years Of Inconsistent Interpretation Yield A Hybrid Content—Effects-Based Approach To School Speech As A Tool For The Prevention Of School Violence?, Ronald C. Schoedel Iii
Morse V. Frederick: Tinkering With School Speech: Can Five Years Of Inconsistent Interpretation Yield A Hybrid Content—Effects-Based Approach To School Speech As A Tool For The Prevention Of School Violence?, Ronald C. Schoedel Iii
BYU Law Review
No abstract provided.
Originalism And Loving V. Virginia, Steven G. Calabresi, Andrea Matthews
Originalism And Loving V. Virginia, Steven G. Calabresi, Andrea Matthews
BYU Law Review
No abstract provided.
Why The National Popular Vote Compact Is Unconstitutional, Norman R. Williams
Why The National Popular Vote Compact Is Unconstitutional, Norman R. Williams
BYU Law Review
Unable to secure passage of a federal constitutional amendment abolishing the Electoral College, several opponents of the Electoral College have sought to establish the direct, popular election of the President via an interstate compact according to which individual signatory states agree to appoint their presidential electors in accordance with the nationwide popular vote. Ostensibly designed to prevent elections, such as the one in 2000, in which the Electoral College “misfired” and chose the candidate who received fewer popular votes, the National Popular Vote Compact has been adopted by several states, including California. In this Article, I argue that the National …
The Dual-Faceted Federalism Framework And The Derivative Constitutional Status Of Local Governments, Michael W. Cannon
The Dual-Faceted Federalism Framework And The Derivative Constitutional Status Of Local Governments, Michael W. Cannon
BYU Law Review
No abstract provided.
Taxing And Tuition: A Legislative Solution To Growing Endowments And The Rising Costs Of A College Degree, Matt Willie
Taxing And Tuition: A Legislative Solution To Growing Endowments And The Rising Costs Of A College Degree, Matt Willie
BYU Law Review
No abstract provided.
The New Progressive Property And The Low-Income Housing Conflict, Zachary Bray
The New Progressive Property And The Low-Income Housing Conflict, Zachary Bray
BYU Law Review
The foundation of property law has been much debated in recent years, as several scholars have sought to provide a theoretical alternative to what they call the dominant, “law-and-economics” approach to property. In place of the law-and-economics approach, these scholars advance a new theoretical approach, which I call “the new progressive property.” At its core, this new approach favors rules thought to promote the collective well-being of the larger community while ensuring that relatively disadvantaged members of society have access to certain basic resources. This Article explores the boundaries and practical implications of the new progressive property. To do so, …
Mobility Measures, Naomi Schoenbaum
Mobility Measures, Naomi Schoenbaum
BYU Law Review
Geographic mobility is a celebrated feature of American life. Deciding where to live is seen not only as a key personal freedom, but also a means of economic advancement. Millions of Americans move each year over great distances. But while this right to travel is safeguarded by the Constitution, these mobility decisions are not entirely free. In terms of the decision to move long distances, employment and family reasons are central, and a regime of employment and family law “mobility measures” play a significant role in regulating why and how we move. This Article first sets forth this new framework …
Towards A Critical Ip Theory: Copyright, Consecration, And Control, John Tehranian
Towards A Critical Ip Theory: Copyright, Consecration, And Control, John Tehranian
BYU Law Review
No abstract provided.
From Handbills To Proposed Bills: Suggestions For Regulating The Law Vegas "Strip" Tease, Brian D. Blakley
From Handbills To Proposed Bills: Suggestions For Regulating The Law Vegas "Strip" Tease, Brian D. Blakley
BYU Law Review
No abstract provided.
Closing Pandora's Box: Proposing A Statutory Solution To The Supreme Court's Failure To Adequately Protect Property, Ryan Merriman
Closing Pandora's Box: Proposing A Statutory Solution To The Supreme Court's Failure To Adequately Protect Property, Ryan Merriman
BYU Law Review
No abstract provided.
The Constitution Limits Of The "National Consensus" Doctrine In Eighth Amendment Jurisprudence, Kevin White
The Constitution Limits Of The "National Consensus" Doctrine In Eighth Amendment Jurisprudence, Kevin White
BYU Law Review
No abstract provided.
Law In A Plural Society: Malaysian Experience, Zaki Azmi
Law In A Plural Society: Malaysian Experience, Zaki Azmi
BYU Law Review
No abstract provided.
Indonesian Discourse On Human Rights And Freedom Of Religion Or Belief: Muslim Perspectives, Syamsul Arifin
Indonesian Discourse On Human Rights And Freedom Of Religion Or Belief: Muslim Perspectives, Syamsul Arifin
BYU Law Review
No abstract provided.
Tatooist V. Tattoo: Separating The Service From The Constitutionally Protected Message\, Hannah H. Porter
Tatooist V. Tattoo: Separating The Service From The Constitutionally Protected Message\, Hannah H. Porter
BYU Law Review
No abstract provided.
Redrafting Of The Ukrainian Law On Religious Freedom: Ukrainian Churches Vs. Ukraine's Obligation To The Council Of Europe, Gennadiy Druzenko
Redrafting Of The Ukrainian Law On Religious Freedom: Ukrainian Churches Vs. Ukraine's Obligation To The Council Of Europe, Gennadiy Druzenko
BYU Law Review
No abstract provided.
Implicit Balancing In The Adjudication Of Criminal Law, Aaron Arnson
Implicit Balancing In The Adjudication Of Criminal Law, Aaron Arnson
BYU Law Review
No abstract provided.
Utah's Enabling Act And Congress's Enclave Clause Authority: Federalism Implications Of A Renewed State Sovereignty Movement, Spencer Driscoll
Utah's Enabling Act And Congress's Enclave Clause Authority: Federalism Implications Of A Renewed State Sovereignty Movement, Spencer Driscoll
BYU Law Review
No abstract provided.