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Articles 1 - 30 of 882
Full-Text Articles in Law
Prosecuting Members Of The U.S. Military For Wartime Environmental Crimes, Eric Talbot Jensen, James J. Teixeira Jr.
Prosecuting Members Of The U.S. Military For Wartime Environmental Crimes, Eric Talbot Jensen, James J. Teixeira Jr.
Faculty Scholarship
War is inherently damaging to the environment. Though these deleterious actions are often attributed to "states" during times of armed conflict, they are normally the result of military operations conducted by members of the military who are carrying out orders from military superiors. While many have proposed systemic changes that affect how states can or should be held responsible, few have commented on the process of holding individual military personnel or commanders responsible for battlefield acts of environmental damage. This paper argues that there are sufficient laws and regulations in place to hold individuals and commanders in the United States …
Utah V. Reyes : Brief Of Appellant, Utah Court Of Appeals
Utah V. Reyes : Brief Of Appellant, Utah Court Of Appeals
Utah Court of Appeals Briefs (1996–2006)
No abstract provided.
Religious Organizations And Free Exercise: The Surprising Lessons Of Smith, Kathleen A. Brady
Religious Organizations And Free Exercise: The Surprising Lessons Of Smith, Kathleen A. Brady
BYU Law Review
No abstract provided.
Thoughts On Smith And Religious-Group Autonomy, Laura S. Underkuffler
Thoughts On Smith And Religious-Group Autonomy, Laura S. Underkuffler
BYU Law Review
No abstract provided.
"Omalous" Autonomy, Perry Dane
Continuing The Lord's Work And Healing His People: A Reply To Professors Lupu And Tuttle, Mark E. Chopko
Continuing The Lord's Work And Healing His People: A Reply To Professors Lupu And Tuttle, Mark E. Chopko
BYU Law Review
No abstract provided.
Sexual Misconduct And Ecclesiastical Immunity, Ira C. Lupu, Robert W. Tuttle
Sexual Misconduct And Ecclesiastical Immunity, Ira C. Lupu, Robert W. Tuttle
BYU Law Review
No abstract provided.
Separation, Neutrality, And Clergy Liability For Sexual Misconduct, William P. Marshall
Separation, Neutrality, And Clergy Liability For Sexual Misconduct, William P. Marshall
BYU Law Review
No abstract provided.
An Itty· Bitty Immunity And Its Consequences For The Church Of Jesus Christ Of Latter·Day Saints: A Response To Professors Lupu And Tuttle, Cheryl B. Preston
An Itty· Bitty Immunity And Its Consequences For The Church Of Jesus Christ Of Latter·Day Saints: A Response To Professors Lupu And Tuttle, Cheryl B. Preston
BYU Law Review
No abstract provided.
Making Politics De Minimis In The Political Process: The Unworkable Implications Of Cox V. Larios In State Legislative Redistricting And Reapportionment, James R. Dalton
Making Politics De Minimis In The Political Process: The Unworkable Implications Of Cox V. Larios In State Legislative Redistricting And Reapportionment, James R. Dalton
BYU Law Review
No abstract provided.
The Autonomy Of Church And State, Brett G. Scharffs
The Autonomy Of Church And State, Brett G. Scharffs
BYU Law Review
No abstract provided.
Religious Institutions, The No-Harm Doctrine, And The Public Good, Marci A. Hamilton
Religious Institutions, The No-Harm Doctrine, And The Public Good, Marci A. Hamilton
BYU Law Review
No abstract provided.
Clark Memorandum: Fall 2004, J. Reuben Clark Law Society, J. Reuben Clark Law School
Clark Memorandum: Fall 2004, J. Reuben Clark Law Society, J. Reuben Clark Law School
The Clark Memorandum
- On the Shoulders of Giants (Elder Boyd K. Packer)
- How Do We Practice Our Religion While We Practice? (Thomas B. Griffith)
- In His Own Words (Monte Stewart)
- The Essence of Lawyering in an Atmosphere of Faith (Kevin J Worthen)
The Voluntary Principle And Church Autonomy, Then And Now, Thomas C. Berg
The Voluntary Principle And Church Autonomy, Then And Now, Thomas C. Berg
BYU Law Review
No abstract provided.
Introduction, Kevin J. Worthen
Three Concepts Of Church Autonomy, Ronald R. Garet
Three Concepts Of Church Autonomy, Ronald R. Garet
BYU Law Review
No abstract provided.
Defending A Rule Of Institutional Autonomy On "No-Harm" Grounds, Mark Tushnet
Defending A Rule Of Institutional Autonomy On "No-Harm" Grounds, Mark Tushnet
BYU Law Review
No abstract provided.
More Or Less Bunk: The Establishment Clause Answers That History Doesn't Provide, Steven G. Gey
More Or Less Bunk: The Establishment Clause Answers That History Doesn't Provide, Steven G. Gey
BYU Law Review
No abstract provided.
Dissent And Disestablishment: The Church-State Settlement In The Early American Republic, Carl H. Esbeck
Dissent And Disestablishment: The Church-State Settlement In The Early American Republic, Carl H. Esbeck
BYU Law Review
No abstract provided.
Reconsidering The Constitutionality Of Federal Sentencing Guidelines After Blakely: A Former Commissioner's Perspective, Michael Goldsmith
Reconsidering The Constitutionality Of Federal Sentencing Guidelines After Blakely: A Former Commissioner's Perspective, Michael Goldsmith
BYU Law Review
No abstract provided.
Introduction, Brett G. Scharffs
Dysfunctional Distinctions In Land Use: The Failure Of Legislative/Adjudicative Distinctions In Utah And The Case For A Uniform Standard Of Review, Todd W. Prall
BYU Law Review
No abstract provided.
Unity Of The Graveyard And The Attack On Constitutional Secularism, Steven G. Gey
Unity Of The Graveyard And The Attack On Constitutional Secularism, Steven G. Gey
BYU Law Review
No abstract provided.
The Establishment Clause Gag Reflex, Frederick Mark Gedicks
The Establishment Clause Gag Reflex, Frederick Mark Gedicks
BYU Law Review
Some outcomes of Establishment Clause cases are better defended on realist rather than doctrinal grounds - that is, not on the basis of supposedly neutral principles, but by reference to some assessment of the kinds of church-state interactions that most Americans would tolerate. I call this the Establishment Clause gag reflex.
A constitutional gag reflex refers to the instinctive intellectual revulsion one might feel in response to the doctrine or holding of a case. For example, a contemporary judicial decision countenancing permanent denial of citizenship to racial minorities, or that denied to such minorities liberty or equality rights enjoyed by …
The Supreme Court's Rhetorical Hostility: What Is "Hostile" To Religion Under The Establishment Clause?, Frank S. Ravitch
The Supreme Court's Rhetorical Hostility: What Is "Hostile" To Religion Under The Establishment Clause?, Frank S. Ravitch
BYU Law Review
No abstract provided.
Given By Senator Orrin G. Hatch Before The Tenth Annual International Law And Religion Symposium, Orrin G. Hatch
Given By Senator Orrin G. Hatch Before The Tenth Annual International Law And Religion Symposium, Orrin G. Hatch
BYU Law Review
No abstract provided.
China's Socioeconomic Changes And The Implications For The Religion-State Dynamic In China, Kim-Kwong Chan
China's Socioeconomic Changes And The Implications For The Religion-State Dynamic In China, Kim-Kwong Chan
BYU Law Review
No abstract provided.