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Why Judicial Deference To Administrative Fact-Finding Is Unconstitutional, John Gibbons Nov 2016

Why Judicial Deference To Administrative Fact-Finding Is Unconstitutional, John Gibbons

BYU Law Review

No abstract provided.


Posner, Blackstone, And Prior Restraints On Speech, Ashutosh Bhagwat Nov 2015

Posner, Blackstone, And Prior Restraints On Speech, Ashutosh Bhagwat

BYU Law Review

Judge Richard Posner recently asserted that the original understanding of the Free Speech Clause of the First Amendment was to prohibit “censorship”—meaning prior restraints—but not subsequent punishments. Posner was following in the footsteps of many other eminent jurists including Oliver Wendell Holmes, Jr., Joseph Story, James Wilson, and ultimately William Blackstone.

The problem is, this claim is simply wrong. Firstly, it misquotes Blackstone. Blackstone said that the liberty of the press meant only freedom from prior restraints; he never discussed speech. When one does examine the Speech Clause, it becomes quite clear that its protections cannot be limited ...


For The Times They Are A-Changin': Explaining Voting Patters Of U.S. Supreme Court Justices Through Identification Of Micro-Publics, Jeff Yates, Justin Moeller, Brian Levey Jul 2013

For The Times They Are A-Changin': Explaining Voting Patters Of U.S. Supreme Court Justices Through Identification Of Micro-Publics, Jeff Yates, Justin Moeller, Brian Levey

Brigham Young University Journal of Public Law

In assessing how social forces may shape U.S. Supreme Court Justices’ decision-making it has been presumed that there is a singular public opinion and that this opinion affects each individual Justice in largely the same fashion. We suggest that it is more likely the case that Justices’ world views are informed and shaped by a myriad of social concerns and group identities upon which the Justices structure and process their experiences and develop and refine their personal schemas. While some have already begun to question the proposition of a monolithic public opinion influence on judicial behavior and have begun ...


The Justices And News Judgment: The Supreme Court As News Editor, Amy Gajda Dec 2012

The Justices And News Judgment: The Supreme Court As News Editor, Amy Gajda

BYU Law Review

No abstract provided.


Chinese Judicial Culture: From Tradition To Modernity, Shen Deyong Jul 2011

Chinese Judicial Culture: From Tradition To Modernity, Shen Deyong

Brigham Young University Journal of Public Law

Text of an address by the Hon. Justice Shen Deyong at the Brigham Young University Law School, October 21, 2009.


Making Appearances Matter: Recusal And The Appearance Of Bias, Dmitry Bam May 2011

Making Appearances Matter: Recusal And The Appearance Of Bias, Dmitry Bam

BYU Law Review

No abstract provided.


The Dictionary Is Not A Fortress: Definitional Fallacies And A Corpus-Based Approach To Plain Meaning, Stephen C. Mouritsen Nov 2010

The Dictionary Is Not A Fortress: Definitional Fallacies And A Corpus-Based Approach To Plain Meaning, Stephen C. Mouritsen

BYU Law Review

No abstract provided.


Catholic League For Religious And Civil Rights V. City Of San Francisco: How The Ninth Circuit Abandoned Judicial Neutrality To Strike A Blow At Religion , Jonathan W. Heaton Mar 2010

Catholic League For Religious And Civil Rights V. City Of San Francisco: How The Ninth Circuit Abandoned Judicial Neutrality To Strike A Blow At Religion , Jonathan W. Heaton

BYU Law Review

No abstract provided.


Talking Originalism , Andrew B. Coan Nov 2009

Talking Originalism , Andrew B. Coan

BYU Law Review

No abstract provided.


The Swinging Pendulum Of Sentencing Reform: Political Actors Regulating District Court Discretion, Lydia Brashear Tiede May 2009

The Swinging Pendulum Of Sentencing Reform: Political Actors Regulating District Court Discretion, Lydia Brashear Tiede

Brigham Young University Journal of Public Law

No abstract provided.


Zero-Sum Judicial Elections: Balancing Free Speech And Impartiality Through Recusal Reform, David K. Stott May 2009

Zero-Sum Judicial Elections: Balancing Free Speech And Impartiality Through Recusal Reform, David K. Stott

BYU Law Review

No abstract provided.


In Re Anderson And The Removal Of Utah State Court Judges: The Supreme Court Of Utah And Its Review Of Judicial Conduct Commission Orders, Daniel Swinton Mar 2005

In Re Anderson And The Removal Of Utah State Court Judges: The Supreme Court Of Utah And Its Review Of Judicial Conduct Commission Orders, Daniel Swinton

Brigham Young University Journal of Public Law

No abstract provided.


Judicial Ethics In Utah, Steve Averett Jul 2003

Judicial Ethics In Utah, Steve Averett

Brigham Young University Journal of Public Law

No abstract provided.


The Arrival Of Judicial Review In Germany Under The Weimar Constitution Of 1919, Bernd J. Hartmann May 2003

The Arrival Of Judicial Review In Germany Under The Weimar Constitution Of 1919, Bernd J. Hartmann

Brigham Young University Journal of Public Law

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.


A Failed Coup On The Judicial Monarchy (Review Of God And Man In The Law, By Robert Lowry Clinton), David D. Garner Sep 1999

A Failed Coup On The Judicial Monarchy (Review Of God And Man In The Law, By Robert Lowry Clinton), David D. Garner

BYU Law Review

No abstract provided.


Intrinsic Limits Of Congress' Power Regarding The Judicial Branch, David E. Engdahl Mar 1999

Intrinsic Limits Of Congress' Power Regarding The Judicial Branch, David E. Engdahl

BYU Law Review

No abstract provided.


Extending The Due Process Clause To Prevent A Previously Recused Judge From Later Attempting To Affect The Case From Which He Was Recused, S. Matthew Cook May 1997

Extending The Due Process Clause To Prevent A Previously Recused Judge From Later Attempting To Affect The Case From Which He Was Recused, S. Matthew Cook

BYU Law Review

No abstract provided.


Justice Byron White And The Argument That The Greater Includes The Lesser, Michael Herz May 1994

Justice Byron White And The Argument That The Greater Includes The Lesser, Michael Herz

BYU Law Review

No abstract provided.


Realism, Rationality And Justice Byron White: Three Easy Cases, Allan Ides May 1994

Realism, Rationality And Justice Byron White: Three Easy Cases, Allan Ides

BYU Law Review

No abstract provided.


On Greatness And Constitutional Vision: Justice Byron R. White, Rex E. Lee, Richard G. Wilkins May 1994

On Greatness And Constitutional Vision: Justice Byron R. White, Rex E. Lee, Richard G. Wilkins

BYU Law Review

No abstract provided.


Justice Byron R. White: A Modern Federalist And A New Deal Liberal, William E. Nelson May 1994

Justice Byron R. White: A Modern Federalist And A New Deal Liberal, William E. Nelson

BYU Law Review

No abstract provided.


Shirt-Tales: Clerking For Byron White, Kevin J. Worthen May 1994

Shirt-Tales: Clerking For Byron White, Kevin J. Worthen

BYU Law Review

In honor of Byron White's 25th anniversary as a Supreme Court Justice, his then-current and former clerks presented him with a T-shirt. Emblazoned on the shirt were short, usually one-line, statements expressing the clerks’ thoughts about the Justice, his career, and their experiences as clerks. The melange of brief messages conveys much about the relationship between Justice White and those who were privileged to work as his clerks. It also provides meaningful insights into the clerkship experience, as well as into the nature of the man who defined the experience by the force of his personality.


Cheers! A Tribute To Justice Byron R. White, John Paul Stevens May 1994

Cheers! A Tribute To Justice Byron R. White, John Paul Stevens

BYU Law Review

No abstract provided.


And He Can Take A Hit Too: Justice White's Utah Connection, Robert Leede Davis May 1994

And He Can Take A Hit Too: Justice White's Utah Connection, Robert Leede Davis

BYU Law Review

No abstract provided.


Justice Blackmun's Eighth Amendment Pilgrimage, D. Grier Stephenson Jr. Mar 1994

Justice Blackmun's Eighth Amendment Pilgrimage, D. Grier Stephenson Jr.

Brigham Young University Journal of Public Law

No abstract provided.


Using History To Reshape The Discussion Of Judicial Review, Shawn Gunnarson Mar 1994

Using History To Reshape The Discussion Of Judicial Review, Shawn Gunnarson

BYU Law Review

No abstract provided.


Rethinking Federal Judicial Selection Nov 1993

Rethinking Federal Judicial Selection

BYU Law Review

No abstract provided.


Narrowing The Scope Of Absolute Judicial Immunity From Section 1983 Suits: The Bar Grievance Committee And The Judicial Function, Jon Evan Waddoups Sep 1990

Narrowing The Scope Of Absolute Judicial Immunity From Section 1983 Suits: The Bar Grievance Committee And The Judicial Function, Jon Evan Waddoups

BYU Law Review

No abstract provided.


Public Choice And The Judiciary: Introductory Notes, William C. Mitchell, Randy T. Simmons Sep 1990

Public Choice And The Judiciary: Introductory Notes, William C. Mitchell, Randy T. Simmons

BYU Law Review

No abstract provided.