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Social and Behavioral Sciences

BYU Law Review

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Articles 1 - 5 of 5

Full-Text Articles in Legal History

The Courts And Foreign Affairs At The Founding, Kevin Arlyck Feb 2017

The Courts And Foreign Affairs At The Founding, Kevin Arlyck

BYU Law Review

No abstract provided.


Trans-Substantivity And The Processes Of American Law, David Marcus Feb 2014

Trans-Substantivity And The Processes Of American Law, David Marcus

BYU Law Review

The term “trans-substantive” refers to doctrine that, in form and manner of application, does not vary from one substantive context to the next. Trans-substantivity has long influenced the design of the law of civil procedure, and whether the principle should continue to do so has prompted a lot of debate among scholars. But this focus on civil procedure is too narrow. Doctrines that regulate all the processes of American law, from civil litigation to public administration, often hew to a trans-substantive norm. This Article draws upon administrative law, the doctrine of statutory interpretation, and the law of civil procedure to …


What Lies Beneath: Interpretive Methodology, Constitutional Authority, And The Case Of Originalism, Christopher J. Peters Feb 2014

What Lies Beneath: Interpretive Methodology, Constitutional Authority, And The Case Of Originalism, Christopher J. Peters

BYU Law Review

No abstract provided.


Law In A Plural Society: Malaysian Experience, Zaki Azmi Sep 2012

Law In A Plural Society: Malaysian Experience, Zaki Azmi

BYU Law Review

No abstract provided.


Situating Emotion: A Critical Realist View Of Emotion And Nonconscious Cognitive Processes For Law And Legal Theory, David J. Arkush Dec 2008

Situating Emotion: A Critical Realist View Of Emotion And Nonconscious Cognitive Processes For Law And Legal Theory, David J. Arkush

BYU Law Review

No abstract provided.