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Social and Behavioral Sciences Commons

Open Access. Powered by Scholars. Published by Universities.®

2008

Law

Brigham Young University Law School

Articles 1 - 10 of 10

Full-Text Articles in Social and Behavioral Sciences

Untying The Gordian Knot: A Proposal For Determining Applicability Of The Laws Of War To The War On Terror, Geoffery S. Corn, Eric Talbot Jensen Dec 2008

Untying The Gordian Knot: A Proposal For Determining Applicability Of The Laws Of War To The War On Terror, Geoffery S. Corn, Eric Talbot Jensen

Faculty Scholarship

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.


The Social Psychology Of Evil: Can The Law Prevent Groups From Making Good People Go Bad?, David Crump Dec 2008

The Social Psychology Of Evil: Can The Law Prevent Groups From Making Good People Go Bad?, David Crump

BYU Law Review

No abstract provided.


Shibboleths And Ceballos. Eroding Constitutional Rights Through Pseudocommunication, Susan Stuart Dec 2008

Shibboleths And Ceballos. Eroding Constitutional Rights Through Pseudocommunication, Susan Stuart

BYU Law Review

No abstract provided.


Actor Preference And The Implementation Of Ins V. Chadha, Darren A. Wheeler May 2008

Actor Preference And The Implementation Of Ins V. Chadha, Darren A. Wheeler

Brigham Young University Journal of Public Law

No abstract provided.


The Endurance Of Biological Connection: Heteronormativity, Same-Sex Parenting And The Lessons Of Adoption, Annette R. Appell Mar 2008

The Endurance Of Biological Connection: Heteronormativity, Same-Sex Parenting And The Lessons Of Adoption, Annette R. Appell

Brigham Young University Journal of Public Law

No abstract provided.


A Response To The "Conservative Case" For Same-Sex Marriage: Same-Sex Marriage And "The Tragedy Of The Commons", Lynn D. Wardle Mar 2008

A Response To The "Conservative Case" For Same-Sex Marriage: Same-Sex Marriage And "The Tragedy Of The Commons", Lynn D. Wardle

Brigham Young University Journal of Public Law

After initially reporting on the status of the movement for same-sex marriage in the United States and around the world, this article reviews the five key claims of the "conservative case" for same-sex marriage ("we exist," stabilization, sexual taming, social gains, and no harm) and compares them to the seven core principles of conservatism (preservation, institutions, caution, experience, distrust, individualism, and morality). It finds that the claims for same-sex marriage are seriously deficient when measured against those conservative principles. It presents a conservative case against same-sex marriage both in terms of those key principles of conservatism as well by reference …


A Matter Of Conviction: Moral Clashes Over Same-Sex Adoption, Robin Fretwell Wilson Mar 2008

A Matter Of Conviction: Moral Clashes Over Same-Sex Adoption, Robin Fretwell Wilson

Brigham Young University Journal of Public Law

No abstract provided.


Cunningham V. California: The U.S. Supreme Court Painted Into A Corner, Jacob Strain Mar 2008

Cunningham V. California: The U.S. Supreme Court Painted Into A Corner, Jacob Strain

Brigham Young University Journal of Public Law

No abstract provided.


Avalanche Or Undue Alarm? An Empirical Study Of Subpoenas Received By The News Media, Ronnell Andersen Jones Jan 2008

Avalanche Or Undue Alarm? An Empirical Study Of Subpoenas Received By The News Media, Ronnell Andersen Jones

Faculty Scholarship

For more than thirty years, proponents and opponents of a federal reporter’s shield law have debated the necessity of a privilege for members of the news media and have disagreed sharply about the frequency with which subpoenas are issued to the press. Most recently, in the wake of several high-profile contempt cases, proponents have pointed to a perceived “avalanche” of subpoenas, while opponents have contended that the receipt of subpoenas by reporters remains very rare. This article summarizes the results of an empirical study on the question. The study gathered data on subpoenas received by daily newspapers and network-affiliated television …