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Articles 1 - 25 of 25
Full-Text Articles in Courts
Searches Without Suspicion: Avoiding A Four Million Person Underclass, Tonja Jacobi, Addie Maguire
Searches Without Suspicion: Avoiding A Four Million Person Underclass, Tonja Jacobi, Addie Maguire
BYU Law Review
In Samson v. California, the Supreme Court upheld warrantless, suspicionless searches for parolees. That determination was controversial both because suspicionless searches are, by definition, anathema to the Fourth Amendment, and because they arguably undermine parolees’ rehabilitation. Less attention has been given to the fact that the implications of the case were not limited to parolees. The opinion in Samson included half a sentence of dicta that seemingly swept probationers into its analysis, implicating the rights of millions of additional people in the United States. Not only is analogizing parolees and probationers not logically sound because the two groups differ in …
The Constitutional Model Of Mootness, Tyler B. Lindley
The Constitutional Model Of Mootness, Tyler B. Lindley
BYU Law Review
Article III limits the federal courts to deciding cases and controversies, and this limitation has given rise to the black-letter law of standing, ripeness, and mootness. But the law of mootness presents a puzzle: Over time, the Court has recognized various "exceptions" to ordinary mootness rules, allowing federal courts to hear arguably moot cases. On one hand, the Court consistently asserts that mootness doctrine, including its exceptions, is compelled by the original understanding of Article III. On the other hand, the scholarly consensus is that these exceptions are logically inconsistent with the Court s claims about Article III and that …
Compelling Suspects To Unlock Their Phones: Recommendations For Prosecutors And Law Enforcement, Carissa A. Uresk
Compelling Suspects To Unlock Their Phones: Recommendations For Prosecutors And Law Enforcement, Carissa A. Uresk
BYU Law Review
No abstract provided.
It’S Whose Party? Accurately Defining Political Parties In First Amendment Cases, Makade Claypool
It’S Whose Party? Accurately Defining Political Parties In First Amendment Cases, Makade Claypool
BYU Law Review
No abstract provided.
Originalism And Loving V. Virginia, Steven G. Calabresi, Andrea Matthews
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
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 …
How The Tenth Circuit’S Ruling In Martinez V. Beggs Affects The Deliberate Indifference Standard For Eighth Amendment Claims, Chad Olsen
BYU Law Review
No abstract provided.
An Opinion Without Standards: The Supreme Court's Refusal To Adopt A Standard Of Constitutional Review In District Of Columbia V. Heller Will Likely Cause Headaches For Future Judicial Review Of Gun-Control Regulations, Ryan L. Card
Brigham Young University Journal of Public Law
No abstract provided.
Fixing The Constable's Blunder: Can One Trial Judge In One County In One State Nudge A Nation Beyond The Exclusionary Rule?, H. Mitchell Caldwell
Fixing The Constable's Blunder: Can One Trial Judge In One County In One State Nudge A Nation Beyond The Exclusionary Rule?, H. Mitchell Caldwell
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.
Balancing "Parents Are" And "Parents Do" In The Supreme Court's Constitutionalized Family Law: Some Implications For The Ali Proposals On De Facto Parenthood, David M. Wagner
BYU Law Review
No abstract provided.
Perspectives On Freedom Of Conscience And Religion In The Jurisprudence Of Constitutional Courts, Leszek Lech Garlicki
Perspectives On Freedom Of Conscience And Religion In The Jurisprudence Of Constitutional Courts, Leszek Lech Garlicki
BYU Law Review
No abstract provided.
Freedom Of Religion In The Case Law Of The Spanish Constitutional Court, Javier Martinez-Torron
Freedom Of Religion In The Case Law Of The Spanish Constitutional Court, Javier Martinez-Torron
BYU Law Review
No abstract provided.
Humenansky V. Regents Of The University Of Minnesota: Questioning Congressional Intent And Authority To Abrogate Eleventh Amendment Immunity With The Adea, Eric Hunter
BYU Law Review
No abstract provided.
Clark Memorandum: Spring 1999, J. Reuben Clark Law Society, J. Reuben Clark Law School
Clark Memorandum: Spring 1999, J. Reuben Clark Law Society, J. Reuben Clark Law School
The Clark Memorandum
- Weightier Matters (Elder Dallin H. Oaks)
- The Constitutional Thought of J. Reuben Clark, Jr. (J. David Gowdy)
- A Courtroom with a View (Joyce Janetski)
- The Challenge (Alexander B. Morrison)
Congressional Power Over Federal Court Jurisdiction: A Defense Of The Neo-Federalist Interpretation Of Article Iil, Robert J. Pushaw Jr.
Congressional Power Over Federal Court Jurisdiction: A Defense Of The Neo-Federalist Interpretation Of Article Iil, Robert J. Pushaw Jr.
BYU Law Review
No abstract provided.
Five Supreme Court Constitutions: Race-Based Scrutiny Past, Present, And Future, David Zimmerman
Five Supreme Court Constitutions: Race-Based Scrutiny Past, Present, And Future, David Zimmerman
Brigham Young University Journal of Public Law
No abstract provided.
The Role Of Public Opinion In Constitutional Interpretation, James G. Wilson
The Role Of Public Opinion In Constitutional Interpretation, James G. Wilson
BYU Law Review
No abstract provided.
Employment Division V. Smith And The Decline Of Supreme Court-Centrism, Ira C. Lupu
Employment Division V. Smith And The Decline Of Supreme Court-Centrism, Ira C. Lupu
BYU Law Review
No abstract provided.
Abstention And The Constitutional Limits Of The Judicial Power Of The United States, Calvin R. Massey
Abstention And The Constitutional Limits Of The Judicial Power Of The United States, Calvin R. Massey
BYU Law Review
No abstract provided.
Pragmatism Without Politics-A Half Measure Of Authority For Jurisdictional Common Law, Gene R. Shreve
Pragmatism Without Politics-A Half Measure Of Authority For Jurisdictional Common Law, Gene R. Shreve
BYU Law Review
No abstract provided.
The Jury's Role In Capital Cases Is Immune From Judicial Interference, Raoul Berger
The Jury's Role In Capital Cases Is Immune From Judicial Interference, Raoul Berger
BYU Law Review
No abstract provided.
Social Security Disability Determinations: Recommendations For Reform, Richard E. Levy
Social Security Disability Determinations: Recommendations For Reform, Richard E. Levy
BYU Law Review
No abstract provided.
Extending The Limits Of Judicial Review Of Regulator Orders: Committee Of Consumer Services V. Public Service Commission, Kenneth M. Anderson
Extending The Limits Of Judicial Review Of Regulator Orders: Committee Of Consumer Services V. Public Service Commission, Kenneth M. Anderson
BYU Law Review
No abstract provided.
United States Supreme Court 1977-1978 Term : Criminal Law Decisions, B. J. George Jr.
United States Supreme Court 1977-1978 Term : Criminal Law Decisions, B. J. George Jr.
BYU Law Review
No abstract provided.