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Articles 1 - 18 of 18

Full-Text Articles in Law

The Violence Against Women Act, Federal Criminal Jurisdiction, And Indian Tribal Courts , Paul J. Larkin Jr., Joseph Lupino-Esposito Jul 2012

The Violence Against Women Act, Federal Criminal Jurisdiction, And Indian Tribal Courts , Paul J. Larkin Jr., Joseph Lupino-Esposito

Brigham Young University Journal of Public Law

No abstract provided.


When Constitutional Challenges To State Cancellation Moratoriums Enacted After Catastrophic Hurricanes Fail: A Call For A New Federal Insurance Program, Steven Plitt, Daniel Maldonaldo Jul 2012

When Constitutional Challenges To State Cancellation Moratoriums Enacted After Catastrophic Hurricanes Fail: A Call For A New Federal Insurance Program, Steven Plitt, Daniel Maldonaldo

Brigham Young University Journal of Public Law

No abstract provided.


Social-Network Theory And The Diffusion Of The Search-And-Seizure Exclusionary Rule Among State Courts Between Weeks And Wolf, Laurence A. Benner, Robert Bird, Donald J. Smythe Jul 2012

Social-Network Theory And The Diffusion Of The Search-And-Seizure Exclusionary Rule Among State Courts Between Weeks And Wolf, Laurence A. Benner, Robert Bird, Donald J. Smythe

Brigham Young University Journal of Public Law

No abstract provided.


The Political Economy Of China’S Regulatory State: A Reappraisal, Miron Mushkat, Roda Mushkat Jul 2012

The Political Economy Of China’S Regulatory State: A Reappraisal, Miron Mushkat, Roda Mushkat

Brigham Young University Journal of Public Law

No abstract provided.


Is Greed Good? A Catholic Perspective On Modern Usury, William M. Woodyard, Chad G. Marzen Jul 2012

Is Greed Good? A Catholic Perspective On Modern Usury, William M. Woodyard, Chad G. Marzen

Brigham Young University Journal of Public Law

No abstract provided.


Surging Intercountry Adoptions In Africa: Paltry Domestication Of International Standards, Joseph M. Isanga Jul 2012

Surging Intercountry Adoptions In Africa: Paltry Domestication Of International Standards, Joseph M. Isanga

Brigham Young University Journal of Public Law

No abstract provided.


Preserving Relationships: Ways Attachment Theory Can Inform Custody Decisions, Susan D. Talley May 2012

Preserving Relationships: Ways Attachment Theory Can Inform Custody Decisions, Susan D. Talley

Brigham Young University Journal of Public Law

No abstract provided.


When Is Parenthood Dissoluble?, Patrick Parkinson May 2012

When Is Parenthood Dissoluble?, Patrick Parkinson

Brigham Young University Journal of Public Law

No abstract provided.


Mediating The Indissoluble Family: Mediator Style In Domestic Relations Cases, Carolynn Clark Camp May 2012

Mediating The Indissoluble Family: Mediator Style In Domestic Relations Cases, Carolynn Clark Camp

Brigham Young University Journal of Public Law

No abstract provided.


A Proposal For A Feasible, First-Step, Legislative Agenda For Divorce Reform, Alan J. Hawkins May 2012

A Proposal For A Feasible, First-Step, Legislative Agenda For Divorce Reform, Alan J. Hawkins

Brigham Young University Journal of Public Law

No abstract provided.


Indissoluble Nonresidential Parenthood: Making It More Than Semantics When Parents Share Parenting Responsibilities, Cynthia R. Mabry May 2012

Indissoluble Nonresidential Parenthood: Making It More Than Semantics When Parents Share Parenting Responsibilities, Cynthia R. Mabry

Brigham Young University Journal of Public Law

No abstract provided.


Dilemmas Of Indissoluble Parenthood: Legal Incentives, Parenting, And The Work-Family Balance , Lynn D. Wardle May 2012

Dilemmas Of Indissoluble Parenthood: Legal Incentives, Parenting, And The Work-Family Balance , Lynn D. Wardle

Brigham Young University Journal of Public Law

Building upon three main points developed by Patrick Parkinson in Family Law and the Indissolubility of Parenthood (2011), this paper shows that globally there is great legal interest in protecting parenting and parent-children relations; that issues grounded in the indissolubility of parenthood arise during ongoing marriages as well as after marital breakup (or nonformation); and that legal reforms to reduce or eliminate laws creating perverse incentives that impede effective, committed parenting should consider regulations regarding intact families as well as never-married and post-divorce families. This article reviews evidence of the deterioration of families and of parenting in society, including rising ...


On The Child's Need To Be One's Self, Ya'ir Ronen Mar 2012

On The Child's Need To Be One's Self, Ya'ir Ronen

Brigham Young University Journal of Public Law

No abstract provided.


Unwrapping Shrinkwraps, Clickwraps, And Browsewraps: How The Law Went Wrong From Horse Traders To The Law Of The Horse, Cheryl B. Preston, Eli W. Mccann Mar 2012

Unwrapping Shrinkwraps, Clickwraps, And Browsewraps: How The Law Went Wrong From Horse Traders To The Law Of The Horse, Cheryl B. Preston, Eli W. Mccann

Brigham Young University Journal of Public Law

This Article starts with the famous "horse trades" (typically between A and B and for 10£) from early discussions of contract law, and proceeds through Judge Burrough's enduring "unruly horse" and Karl Llewellyn's Across Sales on Horseback and The First Struggle to Unhorse Wares, to provide background for a critique of the recent judicial liberality in enforcing online contracts. We then focus on role of Judge Frank Easterbrook, who has personally insulted the place of the horse in law, and his infamous opinion in ProCD v. Zeidenberg. This case fueled the enforcement of clickwrap and browsewrap contracts by ...


Mill, Holmes, Brandeis And A True Threat To Brandenburg, Mark Strasser Mar 2012

Mill, Holmes, Brandeis And A True Threat To Brandenburg, Mark Strasser

Brigham Young University Journal of Public Law

No abstract provided.


The Absurd Results Doctrine, Chevron, And Climate Change, D. Wiley Barker Mar 2012

The Absurd Results Doctrine, Chevron, And Climate Change, D. Wiley Barker

Brigham Young University Journal of Public Law

No abstract provided.


An "Objectively Reasonable" Criticism Of The Doctrine Of Qualified Immunity In Excessive Force Cases Brought Under 42 U.S.C. § 1983, Philip Sheng Mar 2012

An "Objectively Reasonable" Criticism Of The Doctrine Of Qualified Immunity In Excessive Force Cases Brought Under 42 U.S.C. § 1983, Philip Sheng

Brigham Young University Journal of Public Law

No abstract provided.


Utah's New Extermination Orders, Patrick B.N. Solomon Mar 2012

Utah's New Extermination Orders, Patrick B.N. Solomon

Brigham Young University Journal of Public Law

No abstract provided.