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Articles 1 - 30 of 56
Full-Text Articles in Political Science
Militant Or Bystander: How To Protect Democracy, Amos N. Guiora, Kristine J. Ingle
Militant Or Bystander: How To Protect Democracy, Amos N. Guiora, Kristine J. Ingle
Brigham Young University Journal of Public Law
No abstract provided.
Militant Or Bystander: How To Protect Democracy, Judith M. Billings
Militant Or Bystander: How To Protect Democracy, Judith M. Billings
Brigham Young University Journal of Public Law
No abstract provided.
The Courts And Foreign Affairs At The Founding, Kevin Arlyck
The Courts And Foreign Affairs At The Founding, Kevin Arlyck
BYU Law Review
No abstract provided.
The Death Of Deference And The Domestication Of Treaty Law, Harlan Grant Cohen
The Death Of Deference And The Domestication Of Treaty Law, Harlan Grant Cohen
BYU Law Review
No abstract provided.
Four Problems With The Draft Restatement’S Treatment Of Treaty Self-Execution, Carlos Manuel Vázquez
Four Problems With The Draft Restatement’S Treatment Of Treaty Self-Execution, Carlos Manuel Vázquez
BYU Law Review
No abstract provided.
A New Imperialism? Evaluating Russia’S Acquisition Of Crimea In The Context Of National And International Law, Trevor Mcdougal
A New Imperialism? Evaluating Russia’S Acquisition Of Crimea In The Context Of National And International Law, Trevor Mcdougal
BYU Law Review
No abstract provided.
Taming Madison’S Monster: How To Fix Self-Execution Doctrine, David L. Sloss
Taming Madison’S Monster: How To Fix Self-Execution Doctrine, David L. Sloss
BYU Law Review
No abstract provided.
What Should The Restatement (Fourth) Say About Treaty Interpretation?, Jean Galbraith
What Should The Restatement (Fourth) Say About Treaty Interpretation?, Jean Galbraith
BYU Law Review
The Restatement (Second) and Restatement (Third) of the Foreign Relations Law took notably different approaches to treaty interpretation, reflecting intervening changes in the legal landscape. This symposium contribution identifies five developments in international and domestic law since the Restatement (Third). It then considers their import for the forthcoming Restatement (Fourth). Most importantly, it argues that the Restatement (Fourth) should fully incorporate two articles on treaty interpretation from the Vienna Convention on the Law of Treaties into its black-letter provisions. Since the time of the Restatement (Third), these articles have become central to international practice on treaty interpretation, and the principles …
A Textual Approach To Treaty Non-Self-Execution, Michael D. Ramsey
A Textual Approach To Treaty Non-Self-Execution, Michael D. Ramsey
BYU Law Review
No abstract provided.
Treaties And The Presumption Against Preemption, David H. Moore
Treaties And The Presumption Against Preemption, David H. Moore
BYU Law Review
No abstract provided.
The Political Theory Of Treaties In The Restatements Of Foreign Relations Law, John T. Parry
The Political Theory Of Treaties In The Restatements Of Foreign Relations Law, John T. Parry
BYU Law Review
No abstract provided.
The Proposed Restatement (Fourth) Of The Foreign Relations Law Of The United States: Treaties—Some Serious Procedural And Substantive Concerns, Leila Nadya Sadat
The Proposed Restatement (Fourth) Of The Foreign Relations Law Of The United States: Treaties—Some Serious Procedural And Substantive Concerns, Leila Nadya Sadat
BYU Law Review
No abstract provided.
Constraining Charming Betsy: Textual Ambiguity As A Predicate To Applying The Charming Betsy Doctrine, Andrew H. Bean
Constraining Charming Betsy: Textual Ambiguity As A Predicate To Applying The Charming Betsy Doctrine, Andrew H. Bean
BYU Law Review
No abstract provided.
United Nations Arms Trade Treaty: Russia's Justifications For Abstention And The Treaty's Effectiveness In Application, Joshua D. Sorenson
United Nations Arms Trade Treaty: Russia's Justifications For Abstention And The Treaty's Effectiveness In Application, Joshua D. Sorenson
Brigham Young University International Law & Management Review
No abstract provided.
Working Toward World Peace In Non-International Armed Conflict: In A World Of Uncertainty, Terrorism, And Disagreements, Is It Ossible?, Victoria Carlton
Working Toward World Peace In Non-International Armed Conflict: In A World Of Uncertainty, Terrorism, And Disagreements, Is It Ossible?, Victoria Carlton
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 …
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 …
The Dual-Faceted Federalism Framework And The Derivative Constitutional Status Of Local Governments, Michael W. Cannon
The Dual-Faceted Federalism Framework And The Derivative Constitutional Status Of Local Governments, Michael W. Cannon
BYU Law Review
No abstract provided.
The Political Economy Of China’S Regulatory State: A Reappraisal, Miron Mushkat, Roda Mushkat
The Political Economy Of China’S Regulatory State: A Reappraisal, Miron Mushkat, Roda Mushkat
Brigham Young University Journal of Public Law
No abstract provided.
Copyright And Democratization In Africa, John Mukum Mbaku
Copyright And Democratization In Africa, John Mukum Mbaku
Brigham Young University International Law & Management Review
No abstract provided.
A Study On The Development Of A Global Community From A Legal Perspective, Sung-Soo Han
A Study On The Development Of A Global Community From A Legal Perspective, Sung-Soo Han
Brigham Young University International Law & Management Review
No abstract provided.
Immature Citizens And The State, Vivian E. Hamilton
Immature Citizens And The State, Vivian E. Hamilton
BYU Law Review
No abstract provided.
A Two-Edged Sword: The Economy Cooperation Framework Agreement Between The Republic Of China And The People's Republic Of China, Chi-An Chou
Brigham Young University International Law & Management Review
No abstract provided.
Suboptimal Executive Privilege, Stephen C. N. Lilley
Suboptimal Executive Privilege, Stephen C. N. Lilley
BYU Law Review
No abstract provided.
Deliberative Constitutionalism, John J. Worley
Protecting The Appropriations Power: Why Congress Should Care About Settlements At The Department Of Justice, Todd David Peterson
Protecting The Appropriations Power: Why Congress Should Care About Settlements At The Department Of Justice, Todd David Peterson
BYU Law Review
No abstract provided.
Theories Of Poverty/The Poverty Of Theory, Barbara Stark
Theories Of Poverty/The Poverty Of Theory, Barbara Stark
BYU Law Review
No abstract provided.
The Sound Of Congressional Silence: Judicial Distortion Of The Legislative-Executive Balance Of Power, Matthew Baker
The Sound Of Congressional Silence: Judicial Distortion Of The Legislative-Executive Balance Of Power, Matthew Baker
BYU Law Review
No abstract provided.
Actor Preference And The Implementation Of Ins V. Chadha, Darren A. Wheeler
Actor Preference And The Implementation Of Ins V. Chadha, Darren A. Wheeler
Brigham Young University Journal of Public Law
No abstract provided.
The New Biopolitics: Autonomy, Demography, And Nationhood, Jedediah Purdy
The New Biopolitics: Autonomy, Demography, And Nationhood, Jedediah Purdy
BYU Law Review
No abstract provided.