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Full-Text Articles in Courts

Searches Without Suspicion: Avoiding A Four Million Person Underclass, Tonja Jacobi, Addie Maguire Jan 2023

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 Jan 2023

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 Mar 2021

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 Aug 2020

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 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 …


How The Tenth Circuit’S Ruling In Martinez V. Beggs Affects The Deliberate Indifference Standard For Eighth Amendment Claims, Chad Olsen Mar 2010

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 Mar 2009

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 Mar 2006

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 Sep 2004

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 Sep 2001

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 May 2001

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 May 2001

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 Sep 1999

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 Apr 1999

Clark Memorandum: Spring 1999, J. Reuben Clark Law Society, J. Reuben Clark Law School

The Clark Memorandum


Congressional Power Over Federal Court Jurisdiction: A Defense Of The Neo-Federalist Interpretation Of Article Iil, Robert J. Pushaw Jr. Nov 1997

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 Mar 1996

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 Nov 1993

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 Mar 1993

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 May 1991

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 May 1991

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 May 1990

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 Mar 1990

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 Nov 1980

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. Sep 1978

United States Supreme Court 1977-1978 Term : Criminal Law Decisions, B. J. George Jr.

BYU Law Review

No abstract provided.