Digital Commons Network^™

Originalism And Loving V. Virginia, Steven G. Calabresi, Andrea Matthews

BYU Law Review

No abstract provided.

Morse V. Frederick: Tinkering With School Speech: Can Five Years Of Inconsistent Interpretation Yield A Hybrid Content—Effects-Based Approach To School Speech As A Tool For The Prevention Of School Violence?, Ronald C. Schoedel Iii

BYU Law Review

No abstract provided.

Why The National Popular Vote Compact Is Unconstitutional, Norman R. Williams

BYU Law Review

Unable to secure passage of a federal constitutional amendment abolishing the Electoral College, several opponents of the Electoral College have sought to establish the direct, popular election of the President via an interstate compact according to which individual signatory states agree to appoint their presidential electors in accordance with the nationwide popular vote. Ostensibly designed to prevent elections, such as the one in 2000, in which the Electoral College “misfired” and chose the candidate who received fewer popular votes, the National Popular Vote Compact has been adopted by several states, including California. In this Article, I argue that the National …

Repudiating The Narrow Rule In Capital Sentencing, Scott W. Howe

BYU Law Review

This Article proposes a modest reform of Eighth Amendment law governing capital sentencing to spur major reform in the understanding of the function of the doctrine. The Article urges the Supreme Court to renounce a largely empty mandate known as the “narrowing” rule and the rhetoric of equality that has accompanied it. By doing so, the Court could speak more truthfully about the important but more limited function that its capital-sentencing doctrine actually pursues, which is to ensure that no person receives the death penalty who does not deserve it. The Court could also speak more candidly than it has …

The New Progressive Property And The Low-Income Housing Conflict, Zachary Bray

BYU Law Review

The foundation of property law has been much debated in recent years, as several scholars have sought to provide a theoretical alternative to what they call the dominant, “law-and-economics” approach to property. In place of the law-and-economics approach, these scholars advance a new theoretical approach, which I call “the new progressive property.” At its core, this new approach favors rules thought to promote the collective well-being of the larger community while ensuring that relatively disadvantaged members of society have access to certain basic resources. This Article explores the boundaries and practical implications of the new progressive property. To do so, …

Mobility Measures, Naomi Schoenbaum

BYU Law Review

Geographic mobility is a celebrated feature of American life. Deciding where to live is seen not only as a key personal freedom, but also a means of economic advancement. Millions of Americans move each year over great distances. But while this right to travel is safeguarded by the Constitution, these mobility decisions are not entirely free. In terms of the decision to move long distances, employment and family reasons are central, and a regime of employment and family law “mobility measures” play a significant role in regulating why and how we move. This Article first sets forth this new framework …

Closing Pandora's Box: Proposing A Statutory Solution To The Supreme Court's Failure To Adequately Protect Property, Ryan Merriman

BYU Law Review

No abstract provided.

The Constitution Limits Of The "National Consensus" Doctrine In Eighth Amendment Jurisprudence, Kevin White

BYU Law Review

No abstract provided.

Clark Memorandum: Fall 2012, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School

The Clark Memorandum

• Education Multipliers (Mehrsa Baradaran)
• Integrity and the Practice of Law (William A. Tilleman)
• He Answered Discreetly (Elder L. Whitney Clayton)
• On Becoming a Good Apple (Thomas B. Griffith)

Energy Claims Limited, A British Virgin Islands Company, Plaintiff/ Appellant, Catalyst Investment Group Limited, Et Al., Defendants/ Appellees : Brief Of Appellees Christopher P. Baker, Thomas Depetrillo, Charles Baker, And Robert Beuret

Utah Supreme Court Briefs (1965 –)

On Writ of Certiorari to Review Decision of the Court of Appeals Jefferson W. Gross

Energy Claims Limited, A British Virgin Islands Company, Petitioner And Appellant And Plaintiff Catalyst Investment Group Limited; Timothy Roberts; Arm Asset-Backed Securities, S.A.; Christopher P. Baker; Thomas Depetrillo; Charles Becker; And Robert Beuret, Respondents And Appellees And Defendants : Brief Of Respondents Catalyst Investment Group Limited, Arm Asset-Backed Securities, S.A., And Timothy Roberts

Utah Supreme Court Briefs (1965 –)

No abstract provided.

Legacy Resources, Inc., A Utah, Corporation,Appellant V. Liberty Pioneer Energy Source, Inc., A Utah Corporation, Daniel R. Gunnell, An Individual, Kimball E. Hodges, An Individual, Appellees : Appellant's Reply Brief

Utah Supreme Court Briefs (1965 –)

APPEAL FROM FINAL ORDER OF THE FOURTH DISTRICT COURT THE HONORABLE JAMES R. TAYLOR

Meaning And Scope Of The Restrictions Imposed By The Mexican Constitution On Ministers Of Worship, Jorge Adame Goddard

BYU Law Review

No abstract provided.

The Case Of Lautsi V. Italy: A Synthesis, Grégor Puppinck

BYU Law Review

The case of Lautsi v. Italy, better known as the “Crucifix Case,” is a particularly significant case. Its significance is not only political and legal, but also religious. Never before in the history of the European Court of Human Rights and the Council of Europe has a case raised so much public attention and debate. The debate regarding the legitimacy of the symbol of Christ’s presence in Italian schools is emblematic of the cultural crisis in Western Europe regarding religion. Twenty-one State parties to the European Convention on Human Rights, in an unprecedented move, joined Italy to reassert the legitimacy …

Implicit Balancing In The Adjudication Of Criminal Law, Aaron Arnson

BYU Law Review

No abstract provided.

Tatooist V. Tattoo: Separating The Service From The Constitutionally Protected Message\, Hannah H. Porter

BYU Law Review

No abstract provided.

Indonesian Discourse On Human Rights And Freedom Of Religion Or Belief: Muslim Perspectives, Syamsul Arifin

BYU Law Review

No abstract provided.

Interfaith Dialogue In Spain—Religious Mediation: A Brief Analysis Of Spain's Religious Liberty Law, José Ferrer Sánchez

BYU Law Review

No abstract provided.

The Political Economy Of China’S Regulatory State: A Reappraisal, Miron Mushkat, Roda Mushkat

Brigham Young University Journal of Public Law

No abstract provided.

Is Greed Good? A Catholic Perspective On Modern Usury, William M. Woodyard, Chad G. Marzen

Brigham Young University Journal of Public Law

No abstract provided.

Antitrust Economics For Proof Of Concerted Price-Fixing: Practical Points For U.S. And Korean Antiturst Jurisprudence, Chang-Su Choe

Brigham Young University International Law & Management Review

No abstract provided.

American Atheists, Inc. V. Davenport: Endorsing A Presumption Of Unconstitutionality Against Potentially Religious Symbols, Eric B. Ashcrof

BYU Law Review

No abstract provided.

United States V. Reese And Post-Heller Second Amendment Interpretation, E. Garret Barlow

BYU Law Review

No abstract provided.

Mohamed V. Jeppesen Dataplan, Inc.: The Ninth Circuit Sends The Totten Bar Flying Away On The Jeppesen Airplane, Michael Q. Cannon

BYU Law Review

No abstract provided.

Judicial Takings In Vandevere V. Lloyd, Cory S. Clements

BYU Law Review

No abstract provided.

United States V. Ruiz-Gaxiola: When Criminal Defendants Say No To Drugs, Adam Dayton

BYU Law Review

No abstract provided.

United States V. Renzi: Reigning In The Speech Or Debate Clause To Fight Corruption In Congress Postrayburn, A.J. Green

BYU Law Review

No abstract provided.

Searching For A Trademarks Test: The Ninth Circuit’S Query In Network Automation, R. Gregory Israelsen

BYU Law Review

No abstract provided.

Excessive Or Warranted? The Unshackling Of Discovery Sanctions In Lee V. Max International, Llc, Daniel S. Mehr Iii

BYU Law Review

No abstract provided.

Eliminating The Subjective Intent Requirement For True Threats In United States V. Bagdasarian, Jake Romney

BYU Law Review

No abstract provided.