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Brigham Young University Law School

2007

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Articles 1 - 30 of 820

Full-Text Articles in Law

The Bluebook At Eighteen: Reflecting And Ratifying Current Trends In Legal Scholarship, A. Christine Hurt Dec 2007

The Bluebook At Eighteen: Reflecting And Ratifying Current Trends In Legal Scholarship, A. Christine Hurt

Faculty Scholarship

No abstract provided.


The Political Balance Of Power Over The Military: Rethinking The Relationship Between The Armed Forces, The President, And Congress, Geoffery S. Corn, Eric Talbot Jensen Dec 2007

The Political Balance Of Power Over The Military: Rethinking The Relationship Between The Armed Forces, The President, And Congress, Geoffery S. Corn, Eric Talbot Jensen

Faculty Scholarship

Recent events related to the planning and execution of the war in Iraq, most notably the perceived 2003 "firing" of then Army Chief of Staff Eric Shinseki, have raised concerns over the effect of Executive Branch dominance of the military and how that dominance impacts the ability of Congress to obtain timely and important information. Such actions, perceived to discourage members of the military from providing candid views to Congress when they differ with the Administration, even if implied instead of express, strike at the very core of the founder's intent to balance military power within the national government ...


Post-Conflict Reconstruction, Eric Talbot Jensen Dec 2007

Post-Conflict Reconstruction, Eric Talbot Jensen

Faculty Scholarship

No abstract provided.


The Icj's Uganda Wall: A Barrier To The Principle Of Distinction And An Entry Point For Lawfare, Eric Talbot Jensen Dec 2007

The Icj's Uganda Wall: A Barrier To The Principle Of Distinction And An Entry Point For Lawfare, Eric Talbot Jensen

Faculty Scholarship

The intermixing of combatants with civilians while engaging in hostilities violates one of the most fundamental principles of the law of armed conflict: the principle of distinction. This bedrock principle of the law of war requires those involved in conflict to mark themselves so they can be distinguished from those who are not involved in combat. The most common method of compliance is for combatants to wear a uniform. By requiring distinction, both combatants and civilians know who is involved in the combat and who is not. Derogation from the principle of distinction is among the most serious issues facing ...


Of Breaches Of The Peace, Home Invasions, And Securities Fraud, A. Christine Hurt Dec 2007

Of Breaches Of The Peace, Home Invasions, And Securities Fraud, A. Christine Hurt

Faculty Scholarship

No abstract provided.


Boomerang Litigation: How Convenient Is Forum Non Conveniens In Transnational Litigation?, M. Ryan Casey, Barrett Ristroph Dec 2007

Boomerang Litigation: How Convenient Is Forum Non Conveniens In Transnational Litigation?, M. Ryan Casey, Barrett Ristroph

Brigham Young University International Law & Management Review

No abstract provided.


International Local Government Law: The Effect Of Nafta Chapter 11 On Local Land Use Planning, Brynn Olsen Dec 2007

International Local Government Law: The Effect Of Nafta Chapter 11 On Local Land Use Planning, Brynn Olsen

Brigham Young University International Law & Management Review

No abstract provided.


Identifying, Understanding, And Resolving Legal And Operational Issues In Outsourcing--Bharat Vagadia's Outsourcing To India: A Legal Handbook, Ilmr Editors Dec 2007

Identifying, Understanding, And Resolving Legal And Operational Issues In Outsourcing--Bharat Vagadia's Outsourcing To India: A Legal Handbook, Ilmr Editors

Brigham Young University International Law & Management Review

No abstract provided.


The World Trade Center Disaster: How Terrorist Airline Attacks Can Affect The Legal, Economic, And Financial Conditions Of Airlines Under The Montreal Liability Agreement, Larry Moore, Rose M. Rubin, Justin N. Joy Dec 2007

The World Trade Center Disaster: How Terrorist Airline Attacks Can Affect The Legal, Economic, And Financial Conditions Of Airlines Under The Montreal Liability Agreement, Larry Moore, Rose M. Rubin, Justin N. Joy

Brigham Young University International Law & Management Review

No abstract provided.


Section 965: A Traditional Corporate Tax Policy, Jessica C. Kornberg Dec 2007

Section 965: A Traditional Corporate Tax Policy, Jessica C. Kornberg

Brigham Young University International Law & Management Review

No abstract provided.


Www.Sam·S_Stationery_And_Luncheonette.Com: Bringing Ginsberg V. New York Into The Internet Age, John Fee Dec 2007

Www.Sam·S_Stationery_And_Luncheonette.Com: Bringing Ginsberg V. New York Into The Internet Age, John Fee

BYU Law Review

No abstract provided.


Technology And Pornography, Arnold H. Loewy Dec 2007

Technology And Pornography, Arnold H. Loewy

BYU Law Review

No abstract provided.


Making Family-Friendly Internet A Reality: The Internet Community Ports Act, Dawn C. Nunziato Dec 2007

Making Family-Friendly Internet A Reality: The Internet Community Ports Act, Dawn C. Nunziato

BYU Law Review

No abstract provided.


Free Trade In Ideas Is (Or Ought To Be) Absolute For Adults, Patrick M. Garry Dec 2007

Free Trade In Ideas Is (Or Ought To Be) Absolute For Adults, Patrick M. Garry

BYU Law Review

No abstract provided.


A New First Amendment Model For Evaluating Content-Based Regulation Ofinternet Pornography: Revising The Strict Scrutiny Model To Better Reflect The Realities Of The Modern Media Age, Mark S. Kende Dec 2007

A New First Amendment Model For Evaluating Content-Based Regulation Ofinternet Pornography: Revising The Strict Scrutiny Model To Better Reflect The Realities Of The Modern Media Age, Mark S. Kende

BYU Law Review

No abstract provided.


Regulating Internet Pornography Aimed At Children: A Comparative Constitutional Perspective On Passing The Camel Through The Needle's Eye, Kevin W. Saunders Dec 2007

Regulating Internet Pornography Aimed At Children: A Comparative Constitutional Perspective On Passing The Camel Through The Needle's Eye, Kevin W. Saunders

BYU Law Review

No abstract provided.


Constrained By The Liberal Tradition: Why The Supreme Court Has Not Found Positive Rights In The American Constitution Dec 2007

Constrained By The Liberal Tradition: Why The Supreme Court Has Not Found Positive Rights In The American Constitution

BYU Law Review

No abstract provided.


Introduction To The 2007 Byu Law Review Symposium: Warning! Kids Online: Pornography, Free Speech, And Technology, Cheryl B. Preston Dec 2007

Introduction To The 2007 Byu Law Review Symposium: Warning! Kids Online: Pornography, Free Speech, And Technology, Cheryl B. Preston

BYU Law Review

No abstract provided.


Zoning The Internet: A New Approach To Protecting Children Online, Cheryl B. Preston Dec 2007

Zoning The Internet: A New Approach To Protecting Children Online, Cheryl B. Preston

BYU Law Review

This Article considers how Internet architecture can be harnessed to create an online environment where government regulation of material harmful to minors can be effective but not unreasonably burdensome. It proposes a solution that engages technology in refocusing the point of regulation, thereby reducing the burden on speech and increasing the ability to achieve constitutionally recognized governmental objectives. This Article briefly examines failed congressional attempts to restrict children's access to sexually explicit content online, and then introduces the Internet Community Ports Concept, which relies on channeling technology to divide kinds of content among various Internet ports. After briefly outlining ...


Obscenity And The World Wide Web, John E. Fee Dec 2007

Obscenity And The World Wide Web, John E. Fee

BYU Law Review

No abstract provided.


Table Of Contents Dec 2007

Table Of Contents

BYU Law Review

No abstract provided.


Racial Adjudication, Andrew M. Carlon Dec 2007

Racial Adjudication, Andrew M. Carlon

BYU Law Review

No abstract provided.


Law's War With Conscience: The Psychological Limits Of Enforcement, Eric Fleisig-Greene Dec 2007

Law's War With Conscience: The Psychological Limits Of Enforcement, Eric Fleisig-Greene

BYU Law Review

No abstract provided.


Working The Unworkable Rule Established In Philip Morris: Acknowledging The Difference Between Actual And Potential Injury To Nonparties, Daniel Sulser Agle Dec 2007

Working The Unworkable Rule Established In Philip Morris: Acknowledging The Difference Between Actual And Potential Injury To Nonparties, Daniel Sulser Agle

BYU Law Review

No abstract provided.


Extending Hamdan V. Rumsfeld To Combatant Status Review Tribunals, Brian M. Christensen Dec 2007

Extending Hamdan V. Rumsfeld To Combatant Status Review Tribunals, Brian M. Christensen

BYU Law Review

No abstract provided.


The Brand X Constitution, Richard Murphy Dec 2007

The Brand X Constitution, Richard Murphy

BYU Law Review

No abstract provided.


Table Of Contents Dec 2007

Table Of Contents

BYU Law Review

No abstract provided.


Battling In The Name Of Balance: Evaluating Solutions To Copyright Conflict In Viacom International V. You Tube, Alexis Allen Nov 2007

Battling In The Name Of Balance: Evaluating Solutions To Copyright Conflict In Viacom International V. You Tube, Alexis Allen

BYU Law Review

No abstract provided.


Refracting Domestic And Global Choice-Of-Forum Doctrine Through The Lens Of A Single Case, Richard D. Freer Nov 2007

Refracting Domestic And Global Choice-Of-Forum Doctrine Through The Lens Of A Single Case, Richard D. Freer

BYU Law Review

No abstract provided.


Property Tests, Due Process Tests And Regulatory Takings Jurisprudence, Steven J. Eagle Nov 2007

Property Tests, Due Process Tests And Regulatory Takings Jurisprudence, Steven J. Eagle

BYU Law Review

No abstract provided.