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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 Nov 2020

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 Nov 2020

Extending Nepa To Disaster Mitigation, Kevin Alden

Brigham Young University Journal of Public Law

No abstract provided.


Frontmatter Nov 2020

Frontmatter

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 Nov 2020

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 Nov 2020

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 Nov 2020

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 Nov 2020

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 Nov 2020

Byu Law School Faculty Listing

BYU Law Review

No abstract provided.


Byu Law Review Subscription Information Nov 2020

Byu Law Review Subscription Information

BYU Law Review

No abstract provided.


In Defense Of Immutability, Nicholas Serafin Nov 2020

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 Nov 2020

2020–2021 Byu Law Review Masthead

BYU Law Review

No abstract provided.


Debunking Intellectual Property Myths: Cross Cultural Experiments On Perceptions Of Property, Gregory N. Mandel, Kristina R. Olson, Anne A. Fast Nov 2020

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 Nov 2020

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.


Table Of Contents Nov 2020

Table Of Contents

BYU Law Review

No abstract provided.


Information Matters In Tax Enforcement, Leandra Lederman, Joseph C. Dugan Nov 2020

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 Sep 2020

Byu Law School Faculty Listing

BYU Law Review

No abstract provided.


Byu Law Review Subscription Information Sep 2020

Byu Law Review Subscription Information

BYU Law Review

No abstract provided.


Anti-Gay Discrimination,“Conscience Exemptions,” And The Racism Analogy: A Reply To Professor Koppelman, Shannon Gilreath Sep 2020

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. Sep 2020

In The Court Of Koppelman: Motion For Reconsideration, James M. Oleske Jr.

BYU Law Review

No abstract provided.


Table Of Contents Sep 2020

Table Of Contents

BYU Law Review

No abstract provided.


Gay Rights, Religious Liberty, And The Misleading Racism Analogy, Andrew Koppelman Sep 2020

Gay Rights, Religious Liberty, And The Misleading Racism Analogy, Andrew Koppelman

BYU Law Review

No abstract provided.


2020–2021 Byu Law Review Masthead Sep 2020

2020–2021 Byu Law Review Masthead

BYU Law Review

No abstract provided.


With An Even Hand: The Call For Pakistan’S Executive Task Force For Religious Tolerance, J. Clifford Wallace Sep 2020

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 Sep 2020

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 Sep 2020

2019-2020 Byu Law Review Masthead

BYU Law Review

No abstract provided.


Byu Law School Faculty Listing Sep 2020

Byu Law School Faculty Listing

BYU Law Review

No abstract provided.


Forward: State Enforcement In An Interstate World, Margaret H. Lemos Sep 2020

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 Sep 2020

Class Actions, Jurisdiction, And Principle In Doctrinal Design, David Marcus, Will Ostrander

BYU Law Review

No abstract provided.


Byu Law Review Subscription Information Sep 2020

Byu Law Review Subscription Information

BYU Law Review

No abstract provided.


Table Of Contents Sep 2020

Table Of Contents

BYU Law Review

No abstract provided.