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Social and Behavioral Sciences Commons™
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Articles 1 - 19 of 19
Full-Text Articles in Social and Behavioral Sciences
Agglomerama, Lee Anne Fennell
Surprising Commons, Carol M. Rose
When Conditions Go Bad: An Examination Of The Problems Inherent In The Conditional Use Permitting System, Jacob Green
When Conditions Go Bad: An Examination Of The Problems Inherent In The Conditional Use Permitting System, Jacob Green
BYU Law Review
No abstract provided.
What Color Is The Number Seven? Category Mistakes Analysis And The "Legislative/Non-Legislative" Distinction, John Martinez
What Color Is The Number Seven? Category Mistakes Analysis And The "Legislative/Non-Legislative" Distinction, John Martinez
Brigham Young University Journal of Public Law
No abstract provided.
Essay: Philemon, Marbury, And The Passive-Aggressive Assertion Of Legal Authority, Paul J. Larkin Jr.
Essay: Philemon, Marbury, And The Passive-Aggressive Assertion Of Legal Authority, Paul J. Larkin Jr.
Brigham Young University Journal of Public Law
No abstract provided.
Eric Holder's Recent Curtailment Of Mandatory Minimum Sentencing, Its Implications, And Prospects For Effective Reform, Alan Dahl
Brigham Young University Journal of Public Law
No abstract provided.
New Jersey's Opportunity Scholarship Act: A Step In The Right Direction, Joseph W. Catuzzi
New Jersey's Opportunity Scholarship Act: A Step In The Right Direction, Joseph W. Catuzzi
Brigham Young University Education and Law Journal
No abstract provided.
Executive Action In The Face Of Congressional Inaction: Education Waivers Circumventing The Legislative Process, Courtney K. Morgan
Executive Action In The Face Of Congressional Inaction: Education Waivers Circumventing The Legislative Process, Courtney K. Morgan
Brigham Young University Education and Law Journal
No abstract provided.
Can Retributivism Be Saved?, Chad Flanders
Can Retributivism Be Saved?, Chad Flanders
BYU Law Review
Retributive theory has long held pride of place among theories of criminal punishment in both philosophy and in law. It has seemed, at various times, either much more intuitive, or rationally persuasive, or simply more normatively right than other theories. But retributive theory is limited, both in theory and practice, and in many of its versions is best conceived not as a theory of punishment in its own right, but instead as shorthand for a set of constraints on the exercise of punishment. Whether some version of retributive theory is a live possibility in the contemporary world remains very much …
Aligning Corporate And Community Interests: From Abominable To Symbiotic, Barnali Choudhury
Aligning Corporate And Community Interests: From Abominable To Symbiotic, Barnali Choudhury
BYU Law Review
No abstract provided.
Project Finance Investors: Solution To Populismo, Jenny Small
Project Finance Investors: Solution To Populismo, Jenny Small
Brigham Young University International Law & Management Review
No abstract provided.
Planting Seeds Of Order: How The State Can Create, Shape, And Use Customary Law, Bryan H. Druzin
Planting Seeds Of Order: How The State Can Create, Shape, And Use Customary Law, Bryan H. Druzin
Brigham Young University Journal of Public Law
This paper argues that government can strategically trigger the emergence of customary law in order to achieve specific policy ends. While much has been written on customary law, the idea that the State can stimulate its emergence is a radical notion with clear policy implications. Harnessed correctly, such an approach could be a powerful legislative weapon to create, sustain, and even redirect social order. Building upon basic insights from game theory, the paper posits a way to do this: policymakers can deliberately recreate the social conditions that foster the emergence of customary order. The paper, however, draws a sharp divide …
The Best Interest Is The Child: A Historical Philosophy For Modern Issues, Lahny R. Silva
The Best Interest Is The Child: A Historical Philosophy For Modern Issues, Lahny R. Silva
Brigham Young University Journal of Public Law
A little over a century after the creation of the first juvenile court in America, the states and the federal government continue to try to find an effective and practical solution to juvenile delinquency. Beginning with the “Best Interest of the Child Standard” in 1899, juvenile justice policy has evolved into a mixed bag of philosophies. State statutes littered with “Best Interest” rhetoric, have interestingly resulted in state policies that are retributive in nature and disproportionately affect minority communities. The disconnect between theory and practice is the product of decades of socio-political influence on juvenile justice policy as well as …
Creating Crimmigration, César Cuahtémoc García Hernández
Creating Crimmigration, César Cuahtémoc García Hernández
BYU Law Review
No abstract provided.
Trans-Substantivity And The Processes Of American Law, David Marcus
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 …
Multiculturalism And Feminism For Hispanic Immigrant Women Accused Of Drug Crimes, Kathryn Duque Lenhart
Multiculturalism And Feminism For Hispanic Immigrant Women Accused Of Drug Crimes, Kathryn Duque Lenhart
BYU Law Review
No abstract provided.
What Lies Beneath: Interpretive Methodology, Constitutional Authority, And The Case Of Originalism, Christopher J. Peters
What Lies Beneath: Interpretive Methodology, Constitutional Authority, And The Case Of Originalism, Christopher J. Peters
BYU Law Review
No abstract provided.
Liberal Democracy And The Right To Religious Freedom, Aldir Guedes Soriano
Liberal Democracy And The Right To Religious Freedom, Aldir Guedes Soriano
BYU Law Review
Foremost, this paper examines the current situation of the rights to religious freedom and democracy around the world, which deserve attention and concern. Civil liberties are currently in crossfire. This article examines the foundations of the right to religious freedom. Depending on the philosophical foundations, there are two different rationales for the right to religious freedom: liberal and anti-liberal. According to the liberal tradition, the best reason to protect religious freedom rests upon the autonomy of the individual conscience. It is clear that a constitutional democracy does not allow the establishment of any religion by the government, using either executive …
Religious Associational Rights And Sexual Conduct In South Africa: Towards The Furtherance Of The Accommodation Of A Diversity Of Beliefs, Shaun De Freitas
Religious Associational Rights And Sexual Conduct In South Africa: Towards The Furtherance Of The Accommodation Of A Diversity Of Beliefs, Shaun De Freitas
BYU Law Review
No abstract provided.