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

Digital Commons Network™

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

Brigham Young University Law School

Discipline
Keyword
Publication Year
Publication
Publication Type

Articles 151 - 180 of 1439

Full-Text Articles in Entire DC Network

State Of Utah, Plaintiff/ Appellee, V. Cooper John Anthony Van Huizen, Defendant/ Appellant., Utah Court Of Appeals May 2015

State Of Utah, Plaintiff/ Appellee, V. Cooper John Anthony Van Huizen, Defendant/ Appellant., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

This is the opening brief of appellant challenging the juvenile court bindover order transferring jurisdiction to the adult court in this Serious Youth Offender case, which order was entered in the Second District Juvenile Court, Weber County, State of Utah, the Honorable Michelle M. Heward presiding. As the defective transfer order failed to provide lawful jurisdiction in the adult court, the convictions and pleas entered in the Second District Court, Weber County, State of Utah, the Honorable Ernie Jones, presiding, must be vacated.


Towards A Recognition And Dialogue: Secularism In Europe, Jean-Paul Willaime Apr 2015

Towards A Recognition And Dialogue: Secularism In Europe, Jean-Paul Willaime

BYU Law Review

No abstract provided.


Still Fighting God In The Public Arena: Does Europe Pursue The Separation Of Religion And State Too Devoutly Or Is It Saying It Does Without Really Meaning It?, Vanja-Ivan Savić Apr 2015

Still Fighting God In The Public Arena: Does Europe Pursue The Separation Of Religion And State Too Devoutly Or Is It Saying It Does Without Really Meaning It?, Vanja-Ivan Savić

BYU Law Review

No abstract provided.


Free Speech And Public Order Exceptions: A Case For The U.S. Standard, Asma T. Uddin Apr 2015

Free Speech And Public Order Exceptions: A Case For The U.S. Standard, Asma T. Uddin

BYU Law Review

No abstract provided.


Imprisonment Inertia And Public Attitudes Toward "Truth In Sentencing", Michael O'Hear, Darren Wheelock Mar 2015

Imprisonment Inertia And Public Attitudes Toward "Truth In Sentencing", Michael O'Hear, Darren Wheelock

BYU Law Review

No abstract provided.


Criminalizing Non-Evacuation Behavior: Unintended Consequences And Undesirable Results, Brandon Curtis Mar 2015

Criminalizing Non-Evacuation Behavior: Unintended Consequences And Undesirable Results, Brandon Curtis

BYU Law Review

No abstract provided.


Private Sector Corruption In International Trade: The Need For Heightened Reporting And A Private Right Of Action In The Foreign Corrupt Practices Act, Nika A. Antonikova Mar 2015

Private Sector Corruption In International Trade: The Need For Heightened Reporting And A Private Right Of Action In The Foreign Corrupt Practices Act, Nika A. Antonikova

Brigham Young University International Law & Management Review

No abstract provided.


Balancing Prevention And Liability: The Use Of Waiver To Limit University Liability For Student Suicide, Brittney Kern Mar 2015

Balancing Prevention And Liability: The Use Of Waiver To Limit University Liability For Student Suicide, Brittney Kern

Brigham Young University Education and Law Journal

No abstract provided.


State Of Utah, In The Interest Of B.L.D., (Dob: 6/28/1999), A Person Under 18 Years Of Age, Utah Court Of Appeals Dec 2014

State Of Utah, In The Interest Of B.L.D., (Dob: 6/28/1999), A Person Under 18 Years Of Age, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from a dispositional order entered after an adjudication for one count of curfew violation, a juvenile status offense, see Davis County Code 9.08.010, entered in the Third District Juvenile Court, in and for Salt Lake County, State of Utah, the Honorable C. Dane Nolan presiding


State Of Utah, Plaintiff/ Appellee, V. Cooper John Anthony Van Huizen, Defendant/ Appellant., Utah Court Of Appeals Dec 2014

State Of Utah, Plaintiff/ Appellee, V. Cooper John Anthony Van Huizen, Defendant/ Appellant., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the juvenile court's decision under the Seriou$ Youth Offender Act to bind Defendant over for trial in the district court on charges of aggraiated robbery and aggravated burglary, in the Second Judicial District Juvenile , Court Weber .County, the Honorable Michelle Jvl. Heward presiding ·


State Of Utah, Plaintiff/ Appellee, V. Cooper John Anthony Van Huizen Defendant/ Appellant., Utah Court Of Appeals Dec 2014

State Of Utah, Plaintiff/ Appellee, V. Cooper John Anthony Van Huizen Defendant/ Appellant., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the bindover order entered by the Second District Juvenile Court, the Honorable Michelle Heward presiding, transferring Cooper John Anthony Van Huizen to the District Court, the Honorable Ernie Jones presiding, pursuant to the Serious Youth Offender statute, see Utah Code§ 78A-6-702 (2013).


When Conditions Go Bad: An Examination Of The Problems Inherent In The Conditional Use Permitting System, Jacob Green Nov 2014

When Conditions Go Bad: An Examination Of The Problems Inherent In The Conditional Use Permitting System, Jacob Green

BYU Law Review

No abstract provided.


West Valley City, Petitioner, -V.- John Coyle And West Valley City Civil Service Commission, Respondents., Utah Court Of Appeals Nov 2014

West Valley City, Petitioner, -V.- John Coyle And West Valley City Civil Service Commission, Respondents., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

APPEAL FROM THE MAY 15, 2014 DECISION AND ORDER OF THE WEST VALLEY CITY CIVIL SERVICE COMMISSION


State Of Utah V. Tyson Post : Brief Of Appellee, Utah Court Of Appeals Sep 2014

State Of Utah V. Tyson Post : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from sentence for attempted disarming of a police officer, a second degree felony, and interference with a peace officer, a class B misdemeanor, in the Seventh Judicial District, San Juan County, the Honorable Lyle R. Anderson presiding


The Justification Of Human Rights, David Little Apr 2014

The Justification Of Human Rights, David Little

BYU Law Review

No abstract provided.


Does Europe Need Neutrality? The Old Continent In Search Of Identity, Andrea Pin Apr 2014

Does Europe Need Neutrality? The Old Continent In Search Of Identity, Andrea Pin

BYU Law Review

No abstract provided.


Freedom Of Religion Under The European Convention On Human Rights: A Precious Asset, Françoise Tulkens Apr 2014

Freedom Of Religion Under The European Convention On Human Rights: A Precious Asset, Françoise Tulkens

BYU Law Review

No abstract provided.


Requiring A Nexus To National Security: Immigration, “Terrorist Activities,” And Statutory Reform, Jared Hatch Apr 2014

Requiring A Nexus To National Security: Immigration, “Terrorist Activities,” And Statutory Reform, Jared Hatch

BYU Law Review

No abstract provided.


Comparative Institutional Competency And Sovereignty In Indian Affairs, Michalyn Steele Jan 2014

Comparative Institutional Competency And Sovereignty In Indian Affairs, Michalyn Steele

Faculty Scholarship

While vigorous debate surrounds the proper scope and ambit of inherent tribal authority, there remains a critical antecedent question: whether Congress or the courts are ultimately best situated to define the contours of inherent tribal authority. In February 2013, Congress enacted controversial tribal jurisdiction provisions as part of the Violence Against Women Act reauthorization recognizing and affirming inherent tribal authority to prosecute all persons, including non-Indian offenders, for crimes of domestic violence in Indian country. This assertion by Congress of its authority to set the bounds of tribal inherent authority -- beyond where the United States Supreme Court has held …


The Unnecessary And Restrictive Constitutional Amendments Concerning Religious Freedom In Mexico, Javier Saldaña Serrano Jan 2014

The Unnecessary And Restrictive Constitutional Amendments Concerning Religious Freedom In Mexico, Javier Saldaña Serrano

BYU Law Review

No abstract provided.


Cross, Crucifix, Culture: An Approach To The Constitutional Meaning Of Confessional Symbols, Frederick Mark Gedicks, Pasquale Annicchino Jan 2014

Cross, Crucifix, Culture: An Approach To The Constitutional Meaning Of Confessional Symbols, Frederick Mark Gedicks, Pasquale Annicchino

Faculty Scholarship

In the United States and Europe the constitutionality of government displays of confessional symbols depends on whether the symbols also have nonconfessional secular meaning (in the U.S.) or whether the confessional meaning is at least absent (in Europe). Yet both the United States Supreme Court (USSCt) and the European Court of Human Rights (ECtHR) lack a workable approach to determining whether secular meaning is present or confessional meaning absent.

The problem is that the government can nearly always articulate a possible secular meaning for the confessional symbols that it uses, or argue that the confessional meaning is passive and ineffective. …


Punishing Pimps And Johns: Sex-Trafficking And Utah's Laws, Michelle Jeffs Jul 2013

Punishing Pimps And Johns: Sex-Trafficking And Utah's Laws, Michelle Jeffs

Brigham Young University Journal of Public Law

This article will focus on the problem of women being forced into prostitution and then coerced into staying, also known as sex trafficking. This Article will focus specifically on what Utah can do to improve its approach to sex trafficking, in light of actions taken by other states and nations. Part II of this article provides background and definitions of sex trafficking and the players involved. Part III discusses the legal history of the criminalization of sex trafficking. Part IV talks about incidents of sex trafficking in Utah. Part V discusses the current laws against sex trafficking in Utah. Part …


Disaggregating Disasters, Lisa Grow Sun, Ronnell Andersen Jones Jan 2013

Disaggregating Disasters, Lisa Grow Sun, Ronnell Andersen Jones

Faculty Scholarship

In the years since the September 11 attacks, scholars and commentators have criticized the emergence of both legal developments and policy rhetoric that blur the lines between war and terrorism. Unrecognized, but equally as damaging to democratic ideals—and potentially more devastating in practical effect—is the expansion of this trend beyond the context of terrorism to a much wider field of nonwar emergencies. Indeed, in recent years, war and national security rhetoric has come to permeate the legal and policy conversations on a wide variety of natural and technological disasters. This melding of disaster and war for purposes of justifying exceptions …


Cameras In The Courtroom In The Twenty-First Century: The U.S. Supreme Court Learning From Abroad?, Kyu Ho Youm Dec 2012

Cameras In The Courtroom In The Twenty-First Century: The U.S. Supreme Court Learning From Abroad?, Kyu Ho Youm

BYU Law Review

No abstract provided.


Taxing And Tuition: A Legislative Solution To Growing Endowments And The Rising Costs Of A College Degree, Matt Willie Dec 2012

Taxing And Tuition: A Legislative Solution To Growing Endowments And The Rising Costs Of A College Degree, Matt Willie

BYU Law Review

No abstract provided.


Closing Pandora's Box: Proposing A Statutory Solution To The Supreme Court's Failure To Adequately Protect Property, Ryan Merriman Nov 2012

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.


Indonesian Discourse On Human Rights And Freedom Of Religion Or Belief: Muslim Perspectives, Syamsul Arifin Sep 2012

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

BYU Law Review

No abstract provided.


The Case Of Lautsi V. Italy: A Synthesis, Grégor Puppinck Sep 2012

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 Sep 2012

Implicit Balancing In The Adjudication Of Criminal Law, Aaron Arnson

BYU Law Review

No abstract provided.


New Jersey's Anti-Bullying Fix: A Solution Or The Creation Of An Even Greater First Amendment Problem?, Lindsay Nash Sep 2012

New Jersey's Anti-Bullying Fix: A Solution Or The Creation Of An Even Greater First Amendment Problem?, Lindsay Nash

BYU Law Review

No abstract provided.