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Articles 3841 - 3870 of 43868
Full-Text Articles in Entire DC Network
Why The National Popular Vote Compact Is Unconstitutional, Norman R. Williams
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 …
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.
Taxing And Tuition: A Legislative Solution To Growing Endowments And The Rising Costs Of A College Degree, Matt Willie
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.
Stewart Becker, Appellant Sunset City V. Appellee : Appellant's Brief
Stewart Becker, Appellant Sunset City V. Appellee : Appellant's Brief
Utah Supreme Court Briefs (1965 –)
No abstract provided.
Mobility Measures, Naomi Schoenbaum
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 …
Clark Memorandum: Fall 2012, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School
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)
The New Progressive Property And The Low-Income Housing Conflict, Zachary Bray
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, …
Towards A Critical Ip Theory: Copyright, Consecration, And Control, John Tehranian
Towards A Critical Ip Theory: Copyright, Consecration, And Control, John Tehranian
BYU Law Review
No abstract provided.
From Handbills To Proposed Bills: Suggestions For Regulating The Law Vegas "Strip" Tease, Brian D. Blakley
From Handbills To Proposed Bills: Suggestions For Regulating The Law Vegas "Strip" Tease, Brian D. Blakley
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
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
The Constitution Limits Of The "National Consensus" Doctrine In Eighth Amendment Jurisprudence, Kevin White
BYU Law Review
No abstract provided.
2012 Byu Law School Annual Report, J. Reuben Clark Law School
2012 Byu Law School Annual Report, J. Reuben Clark Law School
The BYU Advocate (& Annual Reports)
No abstract provided.
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 : Brief Of Appellees
Utah Supreme Court Briefs (1965 –)
On Appeal from the Third Judicial District Court, Salt Lake County, State of Utah
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.
With Religious Liberty For All: A Defense Of The Affordable Care Act's Contraception Coverage Mandate, Frederick Mark Gedicks
With Religious Liberty For All: A Defense Of The Affordable Care Act's Contraception Coverage Mandate, Frederick Mark Gedicks
Faculty Scholarship
The “contraception mandate” of the Patient Protection and Affordable Care Act of 2010 poses a straightforward question for religious liberty jurisprudence: Must government excuse a believer from complying with a religiously burdensome law, when doing so would violate the liberty of others by imposing on them the costs and consequences of religious beliefs that they do not share? To ask this question is to answer it: One's religious liberty does not include the right to interfere with the liberty of others, and thus religious liberty may not be used by a religious employer to force employees to pay the costs …
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
Law In A Plural Society: Malaysian Experience, Zaki Azmi
Law In A Plural Society: Malaysian Experience, Zaki Azmi
BYU Law Review
No abstract provided.
Interfaith Dialogue In Spain—Religious Mediation: A Brief Analysis Of Spain's Religious Liberty Law, José Ferrer Sánchez
Interfaith Dialogue In Spain—Religious Mediation: A Brief Analysis Of Spain's Religious Liberty Law, José Ferrer Sánchez
BYU Law Review
No abstract provided.
Meaning And Scope Of The Restrictions Imposed By The Mexican Constitution On Ministers Of Worship, Jorge Adame Goddard
Meaning And Scope Of The Restrictions Imposed By The Mexican Constitution On Ministers Of Worship, Jorge Adame Goddard
BYU Law Review
No abstract provided.
Indonesian Discourse On Human Rights And Freedom Of Religion Or Belief: Muslim Perspectives, Syamsul Arifin
Indonesian Discourse On Human Rights And Freedom Of Religion Or Belief: Muslim Perspectives, Syamsul Arifin
BYU Law Review
No abstract provided.
Redrafting Of The Ukrainian Law On Religious Freedom: Ukrainian Churches Vs. Ukraine's Obligation To The Council Of Europe, Gennadiy Druzenko
Redrafting Of The Ukrainian Law On Religious Freedom: Ukrainian Churches Vs. Ukraine's Obligation To The Council Of Europe, Gennadiy Druzenko
BYU Law Review
No abstract provided.
Rising Restrictions On Religion: A Global Overview, Brian J. Grim
Rising Restrictions On Religion: A Global Overview, Brian J. Grim
BYU Law Review
No abstract provided.
The Case Of Lautsi V. Italy: A Synthesis, Grégor Puppinck
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 …
Hungary's New Constitution And Its New Law On Freedom Of Religion And Churches: The Return Of The Sovereign, Renáta Uitz
Hungary's New Constitution And Its New Law On Freedom Of Religion And Churches: The Return Of The Sovereign, Renáta Uitz
BYU Law Review
No abstract provided.
Implicit Balancing In The Adjudication Of Criminal Law, Aaron Arnson
Implicit Balancing In The Adjudication Of Criminal Law, Aaron Arnson
BYU Law Review
No abstract provided.
Utah's Enabling Act And Congress's Enclave Clause Authority: Federalism Implications Of A Renewed State Sovereignty Movement, Spencer Driscoll
Utah's Enabling Act And Congress's Enclave Clause Authority: Federalism Implications Of A Renewed State Sovereignty Movement, Spencer Driscoll
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
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.