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Articles 1 - 30 of 73
Full-Text Articles in Law
The Little Statute That Gets No Respect: How Courts Have Ignored The Administrative Procedure Act With Respect To Whether Pre-Enforcement Challenge Provisions Are Exclusive, Arthur Sapper
Brigham Young University Journal of Public Law
No abstract provided.
Extending Nepa To Disaster Mitigation, Kevin Alden
Extending Nepa To Disaster Mitigation, Kevin Alden
Brigham Young University Journal of Public Law
No abstract provided.
A Constitutional Right To A Functioning United States Government? Are Government Shutdowns Unconstitutional?, Allen Shoenberger
A Constitutional Right To A Functioning United States Government? Are Government Shutdowns Unconstitutional?, Allen Shoenberger
Brigham Young University Journal of Public Law
No abstract provided.
Re-Victimization Of Domestic Violence Victims, Angela De La Garza
Re-Victimization Of Domestic Violence Victims, Angela De La Garza
Brigham Young University Journal of Public Law
No abstract provided.
Fha Sexual Harassment Claims: Title Vii Applications And Departures Through Caselaw And Hud’S 2016 Rule, Brittany Urness
Fha Sexual Harassment Claims: Title Vii Applications And Departures Through Caselaw And Hud’S 2016 Rule, Brittany Urness
Brigham Young University Journal of Public Law
No abstract provided.
Medical Disputes And Conflicting Values: Is There A “Right To Die” Later?, Janet L. Dolgin
Medical Disputes And Conflicting Values: Is There A “Right To Die” Later?, Janet L. Dolgin
BYU Law Review
No abstract provided.
Byu Law School Faculty Listing
Byu Law Review Subscription Information
In Defense Of Immutability, Nicholas Serafin
In Defense Of Immutability, Nicholas Serafin
BYU Law Review
Over the last forty years, the concept of immutability has been central to Equal Protection doctrine. According to current doctrine, a trait is immutable if it is beyond the power of an individual to change or if it is fundamental to personal identity. A trait that meets either of these criteria receives heightened legal protection under constitutional antidiscrimination law. Yet most legal scholars who have addressed the topic have called for the abandonment of the immutability criterion on the grounds that the immutability criterion is conceptually confused, morally indefensible, and bound to stigmatize subordinate groups.
A rejection of the immutability …
2020–2021 Byu Law Review Masthead
Debunking Intellectual Property Myths: Cross Cultural Experiments On Perceptions Of Property, Gregory N. Mandel, Kristina R. Olson, Anne A. Fast
Debunking Intellectual Property Myths: Cross Cultural Experiments On Perceptions Of Property, Gregory N. Mandel, Kristina R. Olson, Anne A. Fast
BYU Law Review
For decades, the prevailing view in the United States and many Western countries has been that China does not appropriately respect intellectual property rights. These beliefs lie at the heart of President Donald Trump’s current trade war with China. Despite substantial geopolitical debate over differences between American an d Chinese attitudes towards intellectual property rights, and despite the critical effects that such attitudes have on international economic markets and the function of intellectual property systems, empirical evidence of these attitudes is largely lacking. This Article presents original experimental survey research that explores cross cross-cultural differences between American and Chinese attitudes …
Fan Films And Fanworks In The Age Of Social Media: How Copyright Owners Are Relying On Private Ordering To Avoid Angering Fans, Kagen Despain
Fan Films And Fanworks In The Age Of Social Media: How Copyright Owners Are Relying On Private Ordering To Avoid Angering Fans, Kagen Despain
BYU Law Review
Fandoms active in creating “fanworks” are increasingly able to leverage social media to coordinate and respond to owners of large media franchises who attempt to limit the creation and distribution of fan films. The resulting friction between these groups can be more efficiently addressed through private ordering rather than through formal legal reform.
Information Matters In Tax Enforcement, Leandra Lederman, Joseph C. Dugan
Information Matters In Tax Enforcement, Leandra Lederman, Joseph C. Dugan
BYU Law Review
Most scholars recognize both that the government needs information about taxpayers’ transactions to determine whether their reporting is honest, and that third third-party reporting helps the government obtain that information. Given governments’ reliance on tax collections, it would be risky to think that information or third third-party reporting is not needed by tax agencies. However, a recent article by Professor Wei Cui asserts that “modern governments can practice ‘taxation without information.’” Professor Cui’s argument rests on two claims: (1) “giving governments effective access to taxpayer information through third parties does not explain the success of modern tax administration” because, he …
Byu Law School Faculty Listing
Byu Law Review Subscription Information
Anti-Gay Discrimination,“Conscience Exemptions,” And The Racism Analogy: A Reply To Professor Koppelman, Shannon Gilreath
Anti-Gay Discrimination,“Conscience Exemptions,” And The Racism Analogy: A Reply To Professor Koppelman, Shannon Gilreath
BYU Law Review
No abstract provided.
In The Court Of Koppelman: Motion For Reconsideration, James M. Oleske Jr.
In The Court Of Koppelman: Motion For Reconsideration, James M. Oleske Jr.
BYU Law Review
No abstract provided.
Gay Rights, Religious Liberty, And The Misleading Racism Analogy, Andrew Koppelman
Gay Rights, Religious Liberty, And The Misleading Racism Analogy, Andrew Koppelman
BYU Law Review
No abstract provided.
2020–2021 Byu Law Review Masthead
With An Even Hand: The Call For Pakistan’S Executive Task Force For Religious Tolerance, J. Clifford Wallace
With An Even Hand: The Call For Pakistan’S Executive Task Force For Religious Tolerance, J. Clifford Wallace
BYU Law Review
No abstract provided.
A State Is A “They,” Not An “It”: Intrastate Conflicts In Multistate Challenges To The Affordable Care Act, Anthony Johnstone
A State Is A “They,” Not An “It”: Intrastate Conflicts In Multistate Challenges To The Affordable Care Act, Anthony Johnstone
BYU Law Review
No abstract provided.
2019-2020 Byu Law Review Masthead
Byu Law School Faculty Listing
Forward: State Enforcement In An Interstate World, Margaret H. Lemos
Forward: State Enforcement In An Interstate World, Margaret H. Lemos
BYU Law Review
“State Enforcement in an Interstate World” is an important topic—fully deserving of all the attention it has received. Past commentators on this topic have generally treated the federal government as a unitary entity. Building on prior work on the subject, this Article explores the polycentric nature of federal regulatory authority and shows how cooperation and rivalry have long been dominant realities of the modern administrative state. The Article discusses how these dynamics complicate analysis of state enforcement in an interstate world and identifies strategies for reducing the frequency and magnitude of the seemingly inevitable conflicts.
Class Actions, Jurisdiction, And Principle In Doctrinal Design, David Marcus, Will Ostrander
Class Actions, Jurisdiction, And Principle In Doctrinal Design, David Marcus, Will Ostrander
BYU Law Review
No abstract provided.