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Articles 3811 - 3840 of 43868
Full-Text Articles in Entire DC Network
Preserving Religious Freedom, Dallin H. Oaks
Preserving Religious Freedom, Dallin H. Oaks
Vol. 3: Religious Conviction
This address was given at Chapman University School of Law in Orange, California, on February 4, 2011.
Empowered By Education And Vision, Larry Echo Hawk
Empowered By Education And Vision, Larry Echo Hawk
Vol. 3: Religious Conviction
This J. Reuben Clark Law School convocation address was given at the Provo Tabernacle on April 22, 1994.
Kareena Macgregor , Plaintiff/Appellant V. Gregory R. Smith , An Individual; Matthew Jaroscak , An Individual; David Jaroscak, An Individual; Paul Jaroscak, An Individual ; Deborah Jaroscak , An Individual; Douglas Walker , Individually And In Official Capacity As Bisho Of The Willow Canyon 4th Ward, Sandy Utah East Stake Of The Church Of Jesus Christ Of Latter-Day Saints; Corporation Of The President Of The Church Of Jesus Christ Of Latter-Day Saints , A Utah Corporation Sole; Holbrook Funeral Chapel Inc., A Utah Corporation; And John And Jane Does I Through Defendants/ Appellees : Appellant's Reply Brief
Utah Supreme Court Briefs (1965 –)
On Appeal from the Third Judicial District Court, Salt Lake County, State of Utah
Christopher Carlton, Petitioner/ Appellant, Shalanda Brown, And The Adoption Center Of Choice, Inc., Respondents/ Appellees : Brief Of Appellant Christopher Carlton
Utah Supreme Court Briefs (1965 –)
APPEAL FROM ORDER GRANTING RESPONDENT THE ADOPTION CENTER OF CHOICE, INC. MOTION TO DISMISS, DENYING PETITIONER'S MOTION FOR RULE 56(f) CONTINUANCE, AND DENYING PETITIONER'S MOTION FOR LEAVE TO FILE SECOND AMENDED PETITION
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 : Replacement Appellees' Brief
Utah Supreme Court Briefs (1965 –)
APPEAL FROM FINAL ORDER OF THE FOURTH DISTRICT COURT THE HONORABLE JAMES R. TAYLOR
Adjustments, Extensions, Disclaimers, And Continuations: When Do Patent Term Adjustments Make Sense?, Stephanie Plamondon Bair
Adjustments, Extensions, Disclaimers, And Continuations: When Do Patent Term Adjustments Make Sense?, Stephanie Plamondon Bair
Faculty Scholarship
The United States patent system represents a measured trade-off between two competing policy considerations: providing sufficient incentives to encourage the innovation and development of new and socially useful inventions; and ensuring that such inventions are readily available to the public at an affordable price. Although the default patent term is now twenty years from filing, various features of, and changes to, the patent system over the years have allowed patent owners to extend the duration of their patent monopolies, sometimes for several years. Such extensions, though seemingly insignificant when compared to the full patent term, have an enormous impact on …
Liberalism In Decline: Legislative Trends Limiting Religious Freedom In Russia And Central Asia, Elizabeth Clark
Liberalism In Decline: Legislative Trends Limiting Religious Freedom In Russia And Central Asia, Elizabeth Clark
Faculty Scholarship
Religious freedom, among other human rights, has increasingly been restricted in Russia and Central Asia. Recent empirical research has shown that increased governmental regulation of religion causes increased social hostilities over religion and has shown the connections between religious freedom and numerous other civil rights and social goods. The U.S. government has particularly recognized the importance of religious freedom in Russia, mandating significant restrictions on aid based on the Russian interpretation of restrictive religion legislation passed in 1997. Since that time, however, virtually no attention has been given to draft legislation in this area in Russia and common trends seen …
Congressional Silence And The Statutory Interpretation Game, Paul Stancil
Congressional Silence And The Statutory Interpretation Game, Paul Stancil
Faculty Scholarship
This Article explores the circumstances under which the federal legislative apparatus may be unable to respond to a politically objectionable statutory interpretation from the Supreme Court. The Article builds upon existing economic models of statutory interpretation, for the first time incorporating transaction costs into the analysis. The Article concludes by identifying recent real-world disputes in which transaction costs constrained Congress and the President from overriding the Court.
Dignity, History, And Religious-Group Rights, Frederick Mark Gedicks
Dignity, History, And Religious-Group Rights, Frederick Mark Gedicks
Faculty Scholarship
No abstract provided.
Narrative Pluralism And The Doctrine Incoherence In Hosanna-Tabor, Frederick Mark Gedicks
Narrative Pluralism And The Doctrine Incoherence In Hosanna-Tabor, Frederick Mark Gedicks
Faculty Scholarship
In Hosanna-Tabor Church and School v. EEOC, the Supreme Court recognized for the first time that the Religion Clauses require a “ministerial exception” to federal antidiscrimination laws, holding that religious congregations have a broad and categorical immunity against government interference in ministerial employment decisions.
Hosanna-Tabor is filled with ironies. The case is as much about unjustified discrimination and administrative inconsistency as religious liberty. The Court’s endorsement of the exception as a feature of church autonomy overlooks that churches subvert autonomy as often as they protect it. The exception described by the Court is so broad, absolute, and inflexible that it …
True Lies: Canossa As Myth, Frederick Mark Gedicks
True Lies: Canossa As Myth, Frederick Mark Gedicks
Faculty Scholarship
This essay is a response to Paul Horwitz, “Freedom of the Church without Romance,” published as part of a symposium on “The Freedom of the Church.” The essay endorses Horwitz’s central thesis that advocates of a contemporary “freedom of the Church” have overlooked historical complexities in marking the 11th-century investiture conflict between Henry IV and Pope Gregory VII, often simply referred to “Canossa” after the small Emilian village where Henry sought absolution from Gregory, as the birth of that freedom.
The essay goes beyond Horwitz to argue that the historical account of “Canossa” presupposed by freedom-of-the-Church advocates is literally false. …
Disaggregating Disasters, Lisa Grow Sun, Ronnell Andersen Jones
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 …
A Case For The Public Domain, Clark D. Asay
A Case For The Public Domain, Clark D. Asay
Faculty Scholarship
Over the past several decades open license movements have proven highly successful in the software and content worlds. Such movements rely in part on the belief that greater freedom of use triggers innovative activity that is superior to what a restrictive IP approach produces. Ironically, such open license movements also rely on IP rights to promote their vision of freedom and openness. They do so through IP licenses that, while granting significant freedoms, also impose certain conditions on users such as the “copyleft” requirement in the software world. Such movements rely on this IP-based approach due to fears that, without …
Kirtsaeng And The First-Sale Doctrine's Digital Problem, Clark D. Asay
Kirtsaeng And The First-Sale Doctrine's Digital Problem, Clark D. Asay
Faculty Scholarship
Many have lauded the United States Supreme Court's recent decision in Kirtsaeng v. John Wiley & Sons, Inc. as a significant victory for the first-sale doctrine under copyright law. However, in the digital context, the Kirtsaeng holding and the first-sale doctrine in general face extinction. This Essay argues for the first-sale doctrine's survival in the digital context.
Cyber Deterrence, Eric Talbot Jensen
Cyber Deterrence, Eric Talbot Jensen
Faculty Scholarship
Cyber operations by both state actors and non-state actors are increasing in frequency and severity. As nations struggle to defend their networks and infrastructure, their ability to apply the principles of deterrence to cyber activities correspondingly increases in importance. Cyber deterrence offers much more flexibility and increased options from traditional deterrence methodologies developed in the Cold War’s nuclear age. In addition to traditional retaliation, cyber deterrence includes options such as taking legal action; and making networks invisible, resilient, and interdependent. It also presents new ways to view and apply accepted methodologies such as invulnerability. As the U.S. continues to develop …
Energy Claims Limited, A British Virgin Islands Company, Appellant V. Catalyst Investment Group Limited, Et Al., Appellees : Appellant's Reply Brief
Utah Supreme Court Briefs (1965 –)
On Writ of Certiorari to Review Decision of the Court of Appeals Jefferson W. Gross
Supreme Court Oral Argument Video: A Review Of Media Effects Research And Suggestions For Study, Edward L. Carter
Supreme Court Oral Argument Video: A Review Of Media Effects Research And Suggestions For Study, Edward L. Carter
BYU Law Review
No abstract provided.
A Failure To Communicate, Erwin Chemerinsky
The Justices And News Judgment: The Supreme Court As News Editor, Amy Gajda
The Justices And News Judgment: The Supreme Court As News Editor, Amy Gajda
BYU Law Review
No abstract provided.
U.S. Supreme Court Justices And Press Access, Ronnell Andersen Jones
U.S. Supreme Court Justices And Press Access, Ronnell Andersen Jones
BYU Law Review
No abstract provided.
Not A Free Press Court?, Lyrissa Barnett Lidsky
Cameras At The Supreme Court: A Rhetorical Analysis, Lisa T. Mcelroy
Cameras At The Supreme Court: A Rhetorical Analysis, Lisa T. Mcelroy
BYU Law Review
No abstract provided.
The Monster In The Courtroom, Sonja R. West
Moving Beyond Cameras In The Courtroom: Technology, The Media, And The Supreme Court, Mary-Rose Papandrea
Moving Beyond Cameras In The Courtroom: Technology, The Media, And The Supreme Court, Mary-Rose Papandrea
BYU Law Review
No abstract provided.
Cameras In The Courtroom In The Twenty-First Century: The U.S. Supreme Court Learning From Abroad?, Kyu Ho Youm
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.
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
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.
Originalism And Loving V. Virginia, Steven G. Calabresi, Andrea Matthews
Originalism And Loving V. Virginia, Steven G. Calabresi, Andrea Matthews
BYU Law Review
No abstract provided.
Repudiating The Narrow Rule In Capital Sentencing, Scott W. Howe
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 …