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Articles 3661 - 3690 of 43866
Full-Text Articles in Entire DC Network
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.
Public Lands And The Federal Government's Compact-Based "Duty To Dispose": A Case Study Of Utah's H.B.148–The Transfer Of Public Lands Act, Donald J. Kochan
Public Lands And The Federal Government's Compact-Based "Duty To Dispose": A Case Study Of Utah's H.B.148–The Transfer Of Public Lands Act, Donald J. Kochan
BYU Law Review
Recent legislation passed in March 2012 in the State of Utah—the “Transfer of Public Lands Act and Related Study,” (“TPLA”) also commonly referred to as House Bill 148 (“H.B. 148”)—has demanded that the federal government, by December 31, 2014, “extinguish title” to certain public lands that the federal government currently holds (totaling an estimated more than 20 million acres). It also calls for the transfer of such acreage to the State and establishes procedures for the development of a management regime for this increased state portfolio of land holdings resulting from the transfer. The State of Utah claims that the …
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 …
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.
An Unreasonable Expectation? Warrantless Searches Of Cell Phones, Michael V. Hinckley
An Unreasonable Expectation? Warrantless Searches Of Cell Phones, Michael V. Hinckley
BYU Law Review
No abstract provided.
Is The Clean Water Act's Diligent Prosecution Bar Jurisdictional? A Journey Into Discovering Congressional Intent, Szonja Ludvig
Is The Clean Water Act's Diligent Prosecution Bar Jurisdictional? A Journey Into Discovering Congressional Intent, Szonja Ludvig
BYU Law Review
No abstract provided.
Creating Crimmigration, César Cuahtémoc García Hernández
Creating Crimmigration, César Cuahtémoc García Hernández
BYU Law Review
No abstract provided.
Mercy In Immigration Law, Allison Brownell Tirres
Mercy In Immigration Law, Allison Brownell Tirres
BYU Law Review
What role should mercy play in immigration law? This Article draws on the robust debate in the criminal law about the role of mercy in the hopes of starting a conversation among immigration law scholars and practitioners. Mercy skeptics argue that mercy contravenes justice, while advocates argue that mercy is a necessary countermeasure to the unrelenting harshness of criminal law today. I argue that the problems of mercy in the criminal law are amplified in the immigration law context. The lack of procedural and substantive protections for immigrants, the acceptance of unfettered discretion and lack of oversight of agency action, …
A Trade-Off That Becomes A Rip-Off: When Schools Can't Regulate Cyberbullying, Stacie A. Stewart
A Trade-Off That Becomes A Rip-Off: When Schools Can't Regulate Cyberbullying, Stacie A. Stewart
BYU Law Review
No abstract provided.
War Of The Words: Aliens, Immigrants, Citizens, And The Language Of Exclusion, D. Carolina Nunez
War Of The Words: Aliens, Immigrants, Citizens, And The Language Of Exclusion, D. Carolina Nunez
BYU Law Review
Words communicate more than their ordinary dictionary meaning. Words tell us about individuals' and communities' conscious and subconscious perceptions. The words we use are evidence of how we think, which, in turn, ultimately determines what we do. In this paper, I examine and compare the usage of the words "immigrant," "alien," and "citizen" to make observations on the nature of membership and belonging in the United States. While it is perhaps intuitive that these words carry very different connotations, here I use corpus linguistics to explore those connotations. I rely on the Corpus of Contemporary American English, a database of …
Rethinking The Dormant Commerce Clause: The Supreme Court As Catalyst For Spurring Legislative Gridlock In State Income Tax Reform, Brian L. Hazen
Rethinking The Dormant Commerce Clause: The Supreme Court As Catalyst For Spurring Legislative Gridlock In State Income Tax Reform, Brian L. Hazen
BYU Law Review
No abstract provided.
The Price Of Justice: An Analysis Of The Costs That Are Appropriately Considered In A Cost-Based Vindication Of Statutory Rights Defense To An Arbitration Agreement, Ramona L. Lampley
The Price Of Justice: An Analysis Of The Costs That Are Appropriately Considered In A Cost-Based Vindication Of Statutory Rights Defense To An Arbitration Agreement, Ramona L. Lampley
BYU Law Review
In the wake of AT&T Mobility LLC v. Concepcion, parties opposing enforcement of an arbitration agreement with a class waiver increasingly relied on the prohibitive-costs-based vindication of statutory rights defense. The Supreme Court recently held in American Express Co. v. Italian Colors Restaurant that the effective vindication doctrine cannot be used to invalidate an otherwise enforceable arbitration agreement with class-action waiver simply because the opponents have no “economic incentive” to pursue individual arbitration. However, the Court’s bases for this holding are unclear and unnecessarily call into question the very existence of the “effective vindication doctrine.” This Article examines the historical …
Reliance In Land Use Law, Kenneth A. Stahl
Reliance In Land Use Law, Kenneth A. Stahl
BYU Law Review
For generations, Americans have tapped their life savings and assumed huge amounts of debt in order to achieve the American dream of owning their own home. Though investing so heavily in a single asset is a rather risky move on its face, buyers have been induced to purchase homes by a slew of public policies, most notably zoning ordinances that buffer single-family neighborhoods against an invasion of unwanted uses. As a result, homeowners have a fairly convincing argument that they possess some sort of vested reliance interest in the existing zoning of their neighborhoods that should prevent municipal authorities from …
Jury Nullification As A Tool To Balance The Demands Of Law And Justice, Aaron Mcknight
Jury Nullification As A Tool To Balance The Demands Of Law And Justice, Aaron Mcknight
BYU Law Review
No abstract provided.
Wealth Transfer Tax Planning For 2013 And Beyond, John A. Miller, Jeffrey A. Maine
Wealth Transfer Tax Planning For 2013 And Beyond, John A. Miller, Jeffrey A. Maine
BYU Law Review
On January 1, 2013, Congress avoided the tax part of the so-called “fiscal cliff” when it passed the American Taxpayer Relief Act of 2012 (ATRA). Among its many impacts, ATRA prevented the application of a number of sunset provisions that would have dramatically altered the operation of the federal wealth transfer taxes. Instead, Congress made permanent two significant transfer tax provisions introduced as temporary measures in 2010: the $5,000,000 indexed basic exclusion amount and the deceased spousal unused exclusion amount. The latter provisions are sometimes referred to as the portability rules because, in effect, they allow one spouse’s estate tax …
Reconciling Originalism With The Father Of Conservatism: How Edmund Burke Answers The Disruption Dilemma In N.L.R.B. V. Noel Canning, Brad Masters
BYU Law Review
No abstract provided.
The Chapter 11 Efficiency Fallacy, Diane Lourdes Dick
The Chapter 11 Efficiency Fallacy, Diane Lourdes Dick
BYU Law Review
This Article challenges the persistent claim that Chapter 11’s increasing utilization of market mechanisms will help facilitate economically efficient resolutions of corporate financial distress. Using two recent case studies, I show that, in fact, these mechanisms are used by stakeholders with existing market power to take control of the restructuring process and extract rents at the expense of other constituents: creditors, equity holders, and—in the case of companies that receive governmental bailouts—taxpayers. These distortionary effects are obscured by a dominant, neoclassical legal paradigm that ignores institutional and political dynamics. I advance a new explanatory model that draws upon modern social …
Modding: Amateur Authorship And How The Video Game Industry Is Actually Getting It Right, Ryan Wallace
Modding: Amateur Authorship And How The Video Game Industry Is Actually Getting It Right, Ryan Wallace
BYU Law Review
No abstract provided.
The State Of Utah Plaintiff/Appellee, V. Shayne E. Todd Defendant/ Appellant, Utah Court Of Appeals
The State Of Utah Plaintiff/Appellee, V. Shayne E. Todd Defendant/ Appellant, Utah Court Of Appeals
Utah Court of Appeals Briefs (2007– 2019)
Appeal from the District Court's of Mr. Todd's rule G5 B petition under UTAH's Rules of petition for Extraordinary Relief, under both rules of G5B (b) and (d) claims, which are based on wrongful restraints on personal libery, including conditions of confinement, under rule G5B b and under rule G5B d is based on a wrongful use or failure to comply with duty within a disciplinary hearing, while incarcerated.
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.
Wheelchair Ramps In Cyberspace: Bringing The Americans With Disabilities Act Into The 21st Century, Trevor Crowley
Wheelchair Ramps In Cyberspace: Bringing The Americans With Disabilities Act Into The 21st Century, Trevor Crowley
BYU Law Review
No abstract provided.
Comparative Institutional Competency And Sovereignty In Indian Affairs, Michalyn Steele
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 Unconstitutionality Of Religious Vilification Laws In Australia: Why Religious Vilification Laws Are Contrary To The Implied Freedom Of Political Communication Affirmed In The Australian Constitution, Augusto Zimmerman Dr.
The Unconstitutionality Of Religious Vilification Laws In Australia: Why Religious Vilification Laws Are Contrary To The Implied Freedom Of Political Communication Affirmed In The Australian Constitution, Augusto Zimmerman Dr.
BYU Law Review
This article explains the weakness of the argument that religious vilification laws promote harmony and tolerance among religious groups. Rather, they are based on a form of postmodern theory that denies the existence of truth and could be used as a weapon by certain individuals to silence any criticism of their beliefs. These laws have become an invitation to people with extreme views to avoid debate by claiming that they, rather than their beliefs, have been attacked. The author then explains the philosophical underpinnings of religious vilification laws and argues that there is no a priori reason why religious speech …
Cross, Crucifix, Culture: An Approach To The Constitutional Meaning Of Confessional Symbols, Frederick Mark Gedicks, Pasquale Annicchino
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. …
Ex-Post Incentives And Ip In Garcia V. Google And Beyond, Clark D. Asay
Ex-Post Incentives And Ip In Garcia V. Google And Beyond, Clark D. Asay
Faculty Scholarship
In this Essay, I articulate a theory for why the outcome in the Ninth Circuit's recent Garcia v. Google copyright decision is wrong. I apply the same theory to explain the problem with patent assertion entities, more colloquially known as patent trolls.