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Articles 1 - 9 of 9
Full-Text Articles in Rule of Law
The Copyright Wasteland, Shani Shisha
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
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
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
Russian Symphonia Vs. Rule Of Law?, Mikhail Antonov
BYU Law Review
No abstract provided.
Reporting Certainty, James A. Macleod
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. …
Law In A Plural Society: Malaysian Experience, Zaki Azmi
Law In A Plural Society: Malaysian Experience, Zaki Azmi
BYU Law Review
No abstract provided.
Religion And Rule Of Law In China Today, Zhuo Xinping
Religion And Rule Of Law In China Today, Zhuo Xinping
BYU Law Review
No abstract provided.
Searching For The Rule Of Law In The Wake Of Communism, George P. Fletcher
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
Law As An Instrument Of Social Control And Law As A Facilitation Of Human Interaction, Lon L. Fuller
BYU Law Review
No abstract provided.