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Full-Text Articles in Rule of Law

The Copyright Wasteland, Shani Shisha Jul 2022

The Copyright Wasteland, Shani Shisha

BYU Law Review

The Copyright Act grants certain exclusive rights to authors of creative works. But many of these exclusive rights are notoriously underspecified. And while a rich body of case law grapples with one copyright entitlement—the right to reproduce the copyrighted work— courts rarely engage in earnest with other exclusive rights. As a result, courts appear to have only a rudimentary understanding of the precise scope of copyright law. Because courts focus almost singularly on questions of reproduction, other exclusive rights fall by the wayside. This Article contends, counterintuitively, that the problem is traceable to a much-maligned feature of our copyright system: …


Informal Governance Of The United States, Edward Lee Mar 2022

Informal Governance Of The United States, Edward Lee

Brigham Young University Journal of Public Law

No abstract provided.


Dissent And The Rule Of Law, Russell D. Covey Feb 2022

Dissent And The Rule Of Law, Russell D. Covey

Brigham Young University Journal of Public Law

Both the right to dissent and the “rule of law” are celebrated and frequently invoked values. Yet widespread popular dissent, such as that seen in the recent Black Lives Matter protests sparked by the police killing of George Floyd and others and a strong backlash against protestors by some political leaders, has deeply challenged the compatibility of those values. This tension raises deep theoretical questions about the essential concept of the rule of law, questions that have not yet been addressed by legal theorists. Consensus is greatest with respect to some of the formal characteristics of the rule of law, …


Russian Symphonia Vs. Rule Of Law?, Mikhail Antonov Jun 2021

Russian Symphonia Vs. Rule Of Law?, Mikhail Antonov

BYU Law Review

No abstract provided.


Reporting Certainty, James A. Macleod Feb 2020

Reporting Certainty, James A. Macleod

BYU Law Review

Legal theorists, judges, and legal writing instructors persistently decry the assertions of certainty—”obviously X,” “undoubtedly Y,” etc.—that litter judicial opinions. According to the conventional view, the rhetoric of certainty that these assertions epitomize is disingenuous. It also reflects, and even encourages, poor judicial decision-making. And as if that were not enough, it is so unpersuasive that it is counter-persuasive: it signals uncertainty, nonobviousness, etc.—the exact opposite of what its author intends. Judges, for these and other reasons, should abstain from needless assertions of certainty and the myopic thinking they evince. That much is certain.

Yet the rhetoric of certainty persists. …


Clark Memorandum: Fall 2019, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society Oct 2019

Clark Memorandum: Fall 2019, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society

The Clark Memorandum

Read on Issuu


Clark Memorandum: Spring 2018, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society Apr 2018

Clark Memorandum: Spring 2018, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society

The Clark Memorandum


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.


Lawyers And The Rule Of Law, James D. Gordon Iii Dec 2009

Lawyers And The Rule Of Law, James D. Gordon Iii

Vol. 2: Service & Integrity

This address was given to entering law students at BYU Law School on August 20, 2008.


Religion And Rule Of Law In China Today, Zhuo Xinping Sep 2009

Religion And Rule Of Law In China Today, Zhuo Xinping

BYU Law Review

No abstract provided.


Clark Memorandum: Spring 2009, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School Apr 2009

Clark Memorandum: Spring 2009, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School

The Clark Memorandum


Searching For The Rule Of Law In The Wake Of Communism, George P. Fletcher Mar 1992

Searching For The Rule Of Law In The Wake Of Communism, George P. Fletcher

BYU Law Review

No abstract provided.


Law As An Instrument Of Social Control And Law As A Facilitation Of Human Interaction, Lon L. Fuller May 1975

Law As An Instrument Of Social Control And Law As A Facilitation Of Human Interaction, Lon L. Fuller

BYU Law Review

No abstract provided.