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Brigham Young University Law School

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In Defense Of The Post-Partisan President: Toward The Boundary Between "Partisan" Advantage And "Political" Choice, David C. Weiss Mar 2010

In Defense Of The Post-Partisan President: Toward The Boundary Between "Partisan" Advantage And "Political" Choice, David C. Weiss

Brigham Young University Journal of Public Law

No abstract provided.


Was Gonzales V. Raich The Death Knell Of Federalism? Assessing Meaningful Limits On Federal Intrastate Regulation In Light Of U.S. V. Nascimento, Brandon J. Stoker Mar 2010

Was Gonzales V. Raich The Death Knell Of Federalism? Assessing Meaningful Limits On Federal Intrastate Regulation In Light Of U.S. V. Nascimento, Brandon J. Stoker

Brigham Young University Journal of Public Law

No abstract provided.


Conflict On The United States Supreme Court: Judicial Confusion And Race-Conscious School Assignments, Philip T. K. Daniel, Mark A. Gooden Mar 2010

Conflict On The United States Supreme Court: Judicial Confusion And Race-Conscious School Assignments, Philip T. K. Daniel, Mark A. Gooden

Brigham Young University Education and Law Journal

No abstract provided.


To Speak Or Not To Speak: Theoretical Difficulties Of Analyzing Compelled Speech Claims Under A Restricted Speech Standard, Brandon C. Pond Mar 2010

To Speak Or Not To Speak: Theoretical Difficulties Of Analyzing Compelled Speech Claims Under A Restricted Speech Standard, Brandon C. Pond

Brigham Young University Education and Law Journal

No abstract provided.


Contracts, Custom, And The Common Law: Towards A Renewed Prominence For Contract Law In American Wrongful Discharge Jurisprudence, Timothy J. Coley Mar 2010

Contracts, Custom, And The Common Law: Towards A Renewed Prominence For Contract Law In American Wrongful Discharge Jurisprudence, Timothy J. Coley

Brigham Young University Journal of Public Law

No abstract provided.


Salt Lake City Corporation, Plaintiff-Appellee V. Big Ditch Irrigation Company, A Utah Nonprofit Corporation; James Garside; J.L.C., A Utah Limited Liability Company; And Ryan Litke, Defendant-Appellants : Reply Brief Of Shareholder Defendant-Appellants Mar 2010

Salt Lake City Corporation, Plaintiff-Appellee V. Big Ditch Irrigation Company, A Utah Nonprofit Corporation; James Garside; J.L.C., A Utah Limited Liability Company; And Ryan Litke, Defendant-Appellants : Reply Brief Of Shareholder Defendant-Appellants

Utah Supreme Court Briefs (1965 –)

APPEAL FROM THE FINAL JUDGMENT AND ORDER OF THE HONORABLE ROBIN W. REESE


Coordination Or Mere Registration? Single-Speaker Permits In Berger V. City Of Seattle, Edan Burkett Mar 2010

Coordination Or Mere Registration? Single-Speaker Permits In Berger V. City Of Seattle, Edan Burkett

BYU Law Review

No abstract provided.


Introduction To The First Annual Survey Of The Ninth And Tenth Circuits Mar 2010

Introduction To The First Annual Survey Of The Ninth And Tenth Circuits

BYU Law Review

No abstract provided.


Passive Acknowledgement Or Active Promotion Of Religion? Neutrality And The Ten Commandments In Green V. Haskell, Stephanie Barclay Mar 2010

Passive Acknowledgement Or Active Promotion Of Religion? Neutrality And The Ten Commandments In Green V. Haskell, Stephanie Barclay

BYU Law Review

No abstract provided.


Victory For Clergy Sexual Abuse Victims: The Ninth Circuit Strips The Holy See Of Foreign Sovereign Victory For Clergy Sexual Abuse Victims: The Ninth Circuit Strips The Holy See Of Foreign Sovereign Immunity In Doe V. Holy See, Edan Burkett Mar 2010

Victory For Clergy Sexual Abuse Victims: The Ninth Circuit Strips The Holy See Of Foreign Sovereign Victory For Clergy Sexual Abuse Victims: The Ninth Circuit Strips The Holy See Of Foreign Sovereign Immunity In Doe V. Holy See, Edan Burkett

BYU Law Review

No abstract provided.


Battling Gray Markets Through Copyright Law: Omega, S.A. V. Costco Wholesale Corporation, Samuel Brooks Mar 2010

Battling Gray Markets Through Copyright Law: Omega, S.A. V. Costco Wholesale Corporation, Samuel Brooks

BYU Law Review

No abstract provided.


Lopez-Rodriguez V. Mukasey: The Ninth Circuit’S Expansion Of The Exclusionary Rule In Immigration Hearings Contradicts The Supreme Court’S Lopezmendoza Decision, Eric W. Clarke Mar 2010

Lopez-Rodriguez V. Mukasey: The Ninth Circuit’S Expansion Of The Exclusionary Rule In Immigration Hearings Contradicts The Supreme Court’S Lopezmendoza Decision, Eric W. Clarke

BYU Law Review

No abstract provided.


Protecting Public Lands From The Public: Kane County And Revised Statute 2477 , Douglas P. Farr Mar 2010

Protecting Public Lands From The Public: Kane County And Revised Statute 2477 , Douglas P. Farr

BYU Law Review

No abstract provided.


Chevron’S Ambiguity Hurdle: Delgado V. Holder And The Proper Interpretation Of The Particularly Serious Crime Exception To Deportation Relief, William M. Hains Mar 2010

Chevron’S Ambiguity Hurdle: Delgado V. Holder And The Proper Interpretation Of The Particularly Serious Crime Exception To Deportation Relief, William M. Hains

BYU Law Review

No abstract provided.


Catholic League For Religious And Civil Rights V. City Of San Francisco: How The Ninth Circuit Abandoned Judicial Neutrality To Strike A Blow At Religion , Jonathan W. Heaton Mar 2010

Catholic League For Religious And Civil Rights V. City Of San Francisco: How The Ninth Circuit Abandoned Judicial Neutrality To Strike A Blow At Religion , Jonathan W. Heaton

BYU Law Review

No abstract provided.


Torture And Public Policy: Mohamed V. Jeppesen Dataplan, Inc., Allows “Extraordinary Rendition” Victims To Litigate Around State Secrets Doctrine , Michael P. Jensen Mar 2010

Torture And Public Policy: Mohamed V. Jeppesen Dataplan, Inc., Allows “Extraordinary Rendition” Victims To Litigate Around State Secrets Doctrine , Michael P. Jensen

BYU Law Review

No abstract provided.


Analyzing Refusal-To-Deal Cases Under Brooke Group’S Predatory Pricing Test: The Tenth Circuit Misses The Mark In Christy Sports, Llc V. Deer Valley Resort Co. , Paul Jones Mar 2010

Analyzing Refusal-To-Deal Cases Under Brooke Group’S Predatory Pricing Test: The Tenth Circuit Misses The Mark In Christy Sports, Llc V. Deer Valley Resort Co. , Paul Jones

BYU Law Review

No abstract provided.


Insider Trading And Soft Information: U.S. V. Nacchio, Andrew Law Mar 2010

Insider Trading And Soft Information: U.S. V. Nacchio, Andrew Law

BYU Law Review

No abstract provided.


Golden Gate And The Ninth Circuit’S Threat To Erisa’S Uniformity And Jurisprudence , Landon Wade Magnusson Mar 2010

Golden Gate And The Ninth Circuit’S Threat To Erisa’S Uniformity And Jurisprudence , Landon Wade Magnusson

BYU Law Review

No abstract provided.


United States V. Mccane: Judge Tymkovich Questions Heller’S Disarming Dicta, Stephen C. Mouritsen Mar 2010

United States V. Mccane: Judge Tymkovich Questions Heller’S Disarming Dicta, Stephen C. Mouritsen

BYU Law Review

No abstract provided.


How The Tenth Circuit’S Ruling In Martinez V. Beggs Affects The Deliberate Indifference Standard For Eighth Amendment Claims, Chad Olsen Mar 2010

How The Tenth Circuit’S Ruling In Martinez V. Beggs Affects The Deliberate Indifference Standard For Eighth Amendment Claims, Chad Olsen

BYU Law Review

No abstract provided.


In Re Williams Securities Litigation—Wcg Subclass: How Dura Met Daubert, Bryan L. Phipps Mar 2010

In Re Williams Securities Litigation—Wcg Subclass: How Dura Met Daubert, Bryan L. Phipps

BYU Law Review

No abstract provided.


Ineffective Assistance Of Counsel In Plea Bargain Negotiations , Paul J. Sampson Mar 2010

Ineffective Assistance Of Counsel In Plea Bargain Negotiations , Paul J. Sampson

BYU Law Review

No abstract provided.


Juror Testimony Of Racial Bias In Jury Deliberations: United States V. Benally And The Obstacle Of Federal Rule Of Evidence 606(B) , Brandon C. Pond Mar 2010

Juror Testimony Of Racial Bias In Jury Deliberations: United States V. Benally And The Obstacle Of Federal Rule Of Evidence 606(B) , Brandon C. Pond

BYU Law Review

No abstract provided.


Remedial And Coercive Administrative Proceedings Under Younger: The Tenth Circuit’S Test In Brown V. Day, Taylor G. Selim Mar 2010

Remedial And Coercive Administrative Proceedings Under Younger: The Tenth Circuit’S Test In Brown V. Day, Taylor G. Selim

BYU Law Review

No abstract provided.


Transforming The Public Employee Speech Standard In Posey V. Lake Pend Oreille: More Than Meets The Eye , Benjamin M. Smith Mar 2010

Transforming The Public Employee Speech Standard In Posey V. Lake Pend Oreille: More Than Meets The Eye , Benjamin M. Smith

BYU Law Review

No abstract provided.


Opening The Rule 10b-5 Floodgates: Ninth Circuit Split In Gilead Sciences Leaves The Loss Causation Pleading Standard In Limbo , Brandon J. Stoker Mar 2010

Opening The Rule 10b-5 Floodgates: Ninth Circuit Split In Gilead Sciences Leaves The Loss Causation Pleading Standard In Limbo , Brandon J. Stoker

BYU Law Review

No abstract provided.


A Fool For A Client: Competency Standards In Pro Se Cases , Reed Willis Mar 2010

A Fool For A Client: Competency Standards In Pro Se Cases , Reed Willis

BYU Law Review

No abstract provided.


Frontmatter Mar 2010

Frontmatter

BYU Law Review

No abstract provided.


Carl Hawkins Tribute, Bruce C. Hafen Mar 2010

Carl Hawkins Tribute, Bruce C. Hafen

BYU Law Review

No abstract provided.