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Brigham Young University Law School

2012

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Articles 1 - 30 of 167

Full-Text Articles in Law

Cyber Deterrence, Eric Talbot Jensen Dec 2012

Cyber Deterrence, Eric Talbot Jensen

Faculty Scholarship

Cyber operations by both state actors and non-state actors are increasing in frequency and severity. As nations struggle to defend their networks and infrastructure, their ability to apply the principles of deterrence to cyber activities correspondingly increases in importance. Cyber deterrence offers much more flexibility and increased options from traditional deterrence methodologies developed in the Cold War’s nuclear age. In addition to traditional retaliation, cyber deterrence includes options such as taking legal action; and making networks invisible, resilient, and interdependent. It also presents new ways to view and apply accepted methodologies such as invulnerability. As the U.S. continues ...


U.S. Supreme Court Justices And Press Access, Ronnell Andersen Jones Dec 2012

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 Dec 2012

Not A Free Press Court?, Lyrissa Barnett Lidsky

BYU Law Review

No abstract provided.


Cameras At The Supreme Court: A Rhetorical Analysis, Lisa T. Mcelroy Dec 2012

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 Dec 2012

Moving Beyond Cameras In The Courtroom: Technology, The Media, And The Supreme Court, Mary-Rose Papandrea

BYU Law Review

No abstract provided.


The Monster In The Courtroom, Sonja R. West Dec 2012

The Monster In The Courtroom, Sonja R. West

BYU Law Review

No abstract provided.


Frontmatter Dec 2012

Frontmatter

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 Dec 2012

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.


A Failure To Communicate, Erwin Chemerinsky Dec 2012

A Failure To Communicate, Erwin Chemerinsky

BYU Law Review

No abstract provided.


Supreme Court Oral Argument Video: A Review Of Media Effects Research And Suggestions For Study, Edward L. Carter Dec 2012

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 Dec 2012

The Justices And News Judgment: The Supreme Court As News Editor, Amy Gajda

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 Dec 2012

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.


Frontmatter Dec 2012

Frontmatter

BYU Law Review

No abstract provided.


The Dual-Faceted Federalism Framework And The Derivative Constitutional Status Of Local Governments, Michael W. Cannon Dec 2012

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

BYU Law Review

No abstract provided.


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 Dec 2012

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 Dec 2012

Originalism And Loving V. Virginia, Steven G. Calabresi, Andrea Matthews

BYU Law Review

No abstract provided.


Repudiating The Narrow Rule In Capital Sentencing, Scott W. Howe Dec 2012

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 ...


Why The National Popular Vote Compact Is Unconstitutional, Norman R. Williams Dec 2012

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 ...


2012 Byu Law School Annual Report, J. Reuben Clark Law School Nov 2012

2012 Byu Law School Annual Report, J. Reuben Clark Law School

The BYU Advocate (& Annual Reports)

No abstract provided.


Clark Memorandum: Fall 2012, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School Nov 2012

Clark Memorandum: Fall 2012, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School

The Clark Memorandum


The New Progressive Property And The Low-Income Housing Conflict, Zachary Bray Nov 2012

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 Nov 2012

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 Nov 2012

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 Nov 2012

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 Nov 2012

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.


Frontmatter Nov 2012

Frontmatter

BYU Law Review

No abstract provided.


The Constitution Limits Of The "National Consensus" Doctrine In Eighth Amendment Jurisprudence, Kevin White Nov 2012

The Constitution Limits Of The "National Consensus" Doctrine In Eighth Amendment Jurisprudence, Kevin White

BYU Law Review

No abstract provided.


With Religious Liberty For All: A Defense Of The Affordable Care Act's Contraception Coverage Mandate, Frederick Mark Gedicks Oct 2012

With Religious Liberty For All: A Defense Of The Affordable Care Act's Contraception Coverage Mandate, Frederick Mark Gedicks

Faculty Scholarship

The “contraception mandate” of the Patient Protection and Affordable Care Act of 2010 poses a straightforward question for religious liberty jurisprudence: Must government excuse a believer from complying with a religiously burdensome law, when doing so would violate the liberty of others by imposing on them the costs and consequences of religious beliefs that they do not share? To ask this question is to answer it: One's religious liberty does not include the right to interfere with the liberty of others, and thus religious liberty may not be used by a religious employer to force employees to pay the ...


Implicit Balancing In The Adjudication Of Criminal Law, Aaron Arnson Sep 2012

Implicit Balancing In The Adjudication Of Criminal Law, Aaron Arnson

BYU Law Review

No abstract provided.


Hungary's New Constitution And Its New Law On Freedom Of Religion And Churches: The Return Of The Sovereign, Renáta Uitz Sep 2012

Hungary's New Constitution And Its New Law On Freedom Of Religion And Churches: The Return Of The Sovereign, Renáta Uitz

BYU Law Review

No abstract provided.