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Articles 1 - 30 of 86

Full-Text Articles in Law

Government Speech And Online Forums: First Amendment Limitations On Moderating Public Discourse On Government Websites, David S. Ardia Dec 2010

Government Speech And Online Forums: First Amendment Limitations On Moderating Public Discourse On Government Websites, David S. Ardia

BYU Law Review

No abstract provided.


Pick Your Poison: Private Speech, Government Speech, And The Special Problem Of Religious Displays, Ronnell Andersen Jones Dec 2010

Pick Your Poison: Private Speech, Government Speech, And The Special Problem Of Religious Displays, Ronnell Andersen Jones

BYU Law Review

No abstract provided.


The Emerging Oversimplifications Of The Government Speech Doctrine: From Substantive Content To A “Jurisprudence Of Labels”, Barry P. Mcdonald Dec 2010

The Emerging Oversimplifications Of The Government Speech Doctrine: From Substantive Content To A “Jurisprudence Of Labels”, Barry P. Mcdonald

BYU Law Review

No abstract provided.


Justice Souter On Government Speech, Sheldon Nahmod Dec 2010

Justice Souter On Government Speech, Sheldon Nahmod

BYU Law Review

No abstract provided.


The Free Speech Rights Of “Off-Duty” Government Employees, Mary-Rose Papandrea Dec 2010

The Free Speech Rights Of “Off-Duty” Government Employees, Mary-Rose Papandrea

BYU Law Review

No abstract provided.


Government Speech And The Publicly Employed Attorney, Margaret Tarkington Dec 2010

Government Speech And The Publicly Employed Attorney, Margaret Tarkington

BYU Law Review

In Garcetti v. Ceballos, the U.S. Supreme Court incorporated the "government speech" doctrine into its case law regarding the speech rights of public employees. This incorporation had the effect of nullifying a public employee's free speech rights whenever the employee is speaking pursuant to her official duties. While the Garcetti rule may be problematic in a number situations, it is particularly problematic as applied to publicly employed attorney speech, most notably the speech of prosecutors and public defenders. Attorney speech (including the speech of publicly employed attorneys) is not government speech and should not be treated as government ...


Summum, The Vocality Of Public Places, And The Public Forum, Timothy Zick Dec 2010

Summum, The Vocality Of Public Places, And The Public Forum, Timothy Zick

BYU Law Review

No abstract provided.


Expensive Speech: Citizens United V. Fec And The Free Speech Rights Of Tax-Exempt Religious Organizations, Brandon S. Boulter Dec 2010

Expensive Speech: Citizens United V. Fec And The Free Speech Rights Of Tax-Exempt Religious Organizations, Brandon S. Boulter

BYU Law Review

No abstract provided.


Nonimmigrants, Equal Protection, And The Supremacy Clause, Justin Hess Dec 2010

Nonimmigrants, Equal Protection, And The Supremacy Clause, Justin Hess

BYU Law Review

No abstract provided.


Frontmatter Dec 2010

Frontmatter

BYU Law Review

No abstract provided.


Inverse Condemnation Actions Present Unique Problems When Determining “Just Compensation”, Ricky J. Nelson Dec 2010

Inverse Condemnation Actions Present Unique Problems When Determining “Just Compensation”, Ricky J. Nelson

BYU Law Review

No abstract provided.


Ricci's "Color-Blind" Standard In A Race Conscious Society: A Case Of Unintended Consequences?, Michael J. Zimmer Nov 2010

Ricci's "Color-Blind" Standard In A Race Conscious Society: A Case Of Unintended Consequences?, Michael J. Zimmer

BYU Law Review

No abstract provided.


Immature Citizens And The State, Vivian E. Hamilton Nov 2010

Immature Citizens And The State, Vivian E. Hamilton

BYU Law Review

No abstract provided.


Reinventing Usefulness, Michael Risch Nov 2010

Reinventing Usefulness, Michael Risch

BYU Law Review

No abstract provided.


But What If The Court Reporter Is Lying? The Right To Confront Hidden Declarants Found In Transcripts Of Former Testimony, Peter Nicolas Nov 2010

But What If The Court Reporter Is Lying? The Right To Confront Hidden Declarants Found In Transcripts Of Former Testimony, Peter Nicolas

BYU Law Review

No abstract provided.


Defamation And John Does: Increased Protections And Relaxed Standing Requirements For Anonymous Internet Speech, Stephanie Barclay Nov 2010

Defamation And John Does: Increased Protections And Relaxed Standing Requirements For Anonymous Internet Speech, Stephanie Barclay

BYU Law Review

No abstract provided.


Comparative Institutional Analysis And Detainee Legal Policies: Democracy As A Friction, Not A Fiction, Carla Crandall Nov 2010

Comparative Institutional Analysis And Detainee Legal Policies: Democracy As A Friction, Not A Fiction, Carla Crandall

BYU Law Review

No abstract provided.


Unraveling Lawrence's Concerns About Legislated Morality: The Constitutionality Of Laws Criminalizing The Sale Of Obscene Devices, Nathan R. Curtis Nov 2010

Unraveling Lawrence's Concerns About Legislated Morality: The Constitutionality Of Laws Criminalizing The Sale Of Obscene Devices, Nathan R. Curtis

BYU Law Review

No abstract provided.


Replacing Context For Plain Meaning In United States V. Cox Nov 2010

Replacing Context For Plain Meaning In United States V. Cox

BYU Law Review

No abstract provided.


Frontmatter Nov 2010

Frontmatter

BYU Law Review

No abstract provided.


Brands, Competition, And The Law, Deven R. Desai, Spencer Waller Nov 2010

Brands, Competition, And The Law, Deven R. Desai, Spencer Waller

BYU Law Review

No abstract provided.


Lawyers Keep Out: Why Attorneys Should Not Participate In Negotiating Critical Financial Numbers Reported By Public Company Clients, William O. Fisher Nov 2010

Lawyers Keep Out: Why Attorneys Should Not Participate In Negotiating Critical Financial Numbers Reported By Public Company Clients, William O. Fisher

BYU Law Review

No abstract provided.


Managerial Entrenchment And Shareholder Wealth Revisited: Theory And Evidence From A Recessionary Financial Market, Jay B. Kesten Nov 2010

Managerial Entrenchment And Shareholder Wealth Revisited: Theory And Evidence From A Recessionary Financial Market, Jay B. Kesten

BYU Law Review

No abstract provided.


Beyond Search Costs: The Linguistic And Trust Functions Of Trademarks, Ariel Katz Nov 2010

Beyond Search Costs: The Linguistic And Trust Functions Of Trademarks, Ariel Katz

BYU Law Review

No abstract provided.


Reconsidering The Georgia-Pacific Standard For Reasonable Royalty Patent Damages, Christopher B. Seaman Nov 2010

Reconsidering The Georgia-Pacific Standard For Reasonable Royalty Patent Damages, Christopher B. Seaman

BYU Law Review

No abstract provided.


An Originalist Theory Of Precedent: The Privileged Place Of Originalist Precedent, Lee J. Strang Nov 2010

An Originalist Theory Of Precedent: The Privileged Place Of Originalist Precedent, Lee J. Strang

BYU Law Review

No abstract provided.


Why Aren't We Using That Intel Stuff? Using Reconnaissance Satellite Imagery In Domestic Disaster Prevention And Response, Carla Crandall Nov 2010

Why Aren't We Using That Intel Stuff? Using Reconnaissance Satellite Imagery In Domestic Disaster Prevention And Response, Carla Crandall

BYU Law Review

No abstract provided.


Can States "Just Say No" To Federal Health Care Reform? The Constitutional And Political Implications Of State Attempts To Nullify Federal Law, Ryan Card Nov 2010

Can States "Just Say No" To Federal Health Care Reform? The Constitutional And Political Implications Of State Attempts To Nullify Federal Law, Ryan Card

BYU Law Review

No abstract provided.


Between A Rock And A Hard Place: The Plight Of Health Care Arbitration Agreements Under Federal Law, James C. Dunkelberger Nov 2010

Between A Rock And A Hard Place: The Plight Of Health Care Arbitration Agreements Under Federal Law, James C. Dunkelberger

BYU Law Review

No abstract provided.


Frontmatter Nov 2010

Frontmatter

BYU Law Review

No abstract provided.