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Full-Text Articles in Law
On The Place Of Self-Defense In Public Life: A Hobbesian Critique Of The Supreme Court’S Second Amendment, Rafi Reznik
On The Place Of Self-Defense In Public Life: A Hobbesian Critique Of The Supreme Court’S Second Amendment, Rafi Reznik
Brigham Young University Journal of Public Law
Contemporary Second Amendment law, which originated with the famous Heller decision (2008) and reached a new peak with Bruen (2022), relies on an implicit political theory. This article uncovers and critiques that theory. I argue that the Supreme Court’s Second Amendment jurisprudence positions interpersonal self-defense, and more generally individual response to crime, at the heart of the meaning of American citizenship. The paradigmatic citizen for whom state institutions should be designed is a self-defender, because, per the Court’s interpretive methodology, this is what the American people want. This line of cases thus attempts one of the most challenging feats of …
Implications Of Azar V. Allina Health Services On Rulemaking: How To Know When Notice And Comment Is Required Under The Medicare Act, John Geilman
Brigham Young University Journal of Public Law
No abstract provided.
Safeguarding The Commander's Authority To Review The Findings Of A Court-Martial, Andrew S. Williams
Safeguarding The Commander's Authority To Review The Findings Of A Court-Martial, Andrew S. Williams
Brigham Young University Journal of Public Law
There are many good reasons why the military justice system is different than the civilian system. Much deserves to be said about why commanders must retain oversight and control over the court-martial process. The purpose of this paper is more limited in scope. It is to demonstrate that a court-martial panel is not a true jury and that the commander should retain the authority to review its findings for this reason alone.
For The Times They Are A-Changin': Explaining Voting Patters Of U.S. Supreme Court Justices Through Identification Of Micro-Publics, Jeff Yates, Justin Moeller, Brian Levey
For The Times They Are A-Changin': Explaining Voting Patters Of U.S. Supreme Court Justices Through Identification Of Micro-Publics, Jeff Yates, Justin Moeller, Brian Levey
Brigham Young University Journal of Public Law
In assessing how social forces may shape U.S. Supreme Court Justices’ decision-making it has been presumed that there is a singular public opinion and that this opinion affects each individual Justice in largely the same fashion. We suggest that it is more likely the case that Justices’ world views are informed and shaped by a myriad of social concerns and group identities upon which the Justices structure and process their experiences and develop and refine their personal schemas. While some have already begun to question the proposition of a monolithic public opinion influence on judicial behavior and have begun to …
Chinese Judicial Culture: From Tradition To Modernity, Shen Deyong
Chinese Judicial Culture: From Tradition To Modernity, Shen Deyong
Brigham Young University Journal of Public Law
Text of an address by the Hon. Justice Shen Deyong at the Brigham Young University Law School, October 21, 2009.
The Swinging Pendulum Of Sentencing Reform: Political Actors Regulating District Court Discretion, Lydia Brashear Tiede
The Swinging Pendulum Of Sentencing Reform: Political Actors Regulating District Court Discretion, Lydia Brashear Tiede
Brigham Young University Journal of Public Law
No abstract provided.
Ripe Standing Vines And The Jurisprudential Tasting Of Matured Legal Wines—And Law & Bananas: Property And Public Choice In The Permitting Process, Donald J. Kochan
Ripe Standing Vines And The Jurisprudential Tasting Of Matured Legal Wines—And Law & Bananas: Property And Public Choice In The Permitting Process, Donald J. Kochan
Brigham Young University Journal of Public Law
No abstract provided.
An Opinion Without Standards: The Supreme Court's Refusal To Adopt A Standard Of Constitutional Review In District Of Columbia V. Heller Will Likely Cause Headaches For Future Judicial Review Of Gun-Control Regulations, Ryan L. Card
Brigham Young University Journal of Public Law
No abstract provided.
The Fundamental And Natural Law 'Repugnant Review' Origins Of Judicial Review: A Synergy Of Early English Corporate Law With Notions Of Fundamental And Natural Law, Lawrence Joseph Perrone
The Fundamental And Natural Law 'Repugnant Review' Origins Of Judicial Review: A Synergy Of Early English Corporate Law With Notions Of Fundamental And Natural Law, Lawrence Joseph Perrone
Brigham Young University Journal of Public Law
No abstract provided.
Actor Preference And The Implementation Of Ins V. Chadha, Darren A. Wheeler
Actor Preference And The Implementation Of Ins V. Chadha, Darren A. Wheeler
Brigham Young University Journal of Public Law
No abstract provided.
Cunningham V. California: The U.S. Supreme Court Painted Into A Corner, Jacob Strain
Cunningham V. California: The U.S. Supreme Court Painted Into A Corner, Jacob Strain
Brigham Young University Journal of Public Law
No abstract provided.
The Supreme Court And Same-Sex Marriage: A Prediction , Robert E. Riggs
The Supreme Court And Same-Sex Marriage: A Prediction , Robert E. Riggs
Brigham Young University Journal of Public Law
No abstract provided.
Getting It Right By Getting It Wrong: How The Supreme Court Helped Healthcare Reform By Incorrectly Applying The Standard Of Review In Pharmaceutical Research And Manufacturers Of America V. Walsh, Brian Y. Furuya
Brigham Young University Journal of Public Law
No abstract provided.
In Re Anderson And The Removal Of Utah State Court Judges: The Supreme Court Of Utah And Its Review Of Judicial Conduct Commission Orders, Daniel Swinton
In Re Anderson And The Removal Of Utah State Court Judges: The Supreme Court Of Utah And Its Review Of Judicial Conduct Commission Orders, Daniel Swinton
Brigham Young University Journal of Public Law
No abstract provided.
Ten Years Of Pena: Revisiting The Utah Mixed Question Standard Of Appellate Review, Andrew Franklin Peterson
Ten Years Of Pena: Revisiting The Utah Mixed Question Standard Of Appellate Review, Andrew Franklin Peterson
Brigham Young University Journal of Public Law
No abstract provided.
Small Claims Courts, Steve Averett
Small Claims Courts, Steve Averett
Brigham Young University Journal of Public Law
No abstract provided.
Different Strokes For Different Folks: Balancing The Treatment Of Employers And Employees In Employment Discrimination Cases In Courts Within The Tenth Circuit Court Of Appeals, Ruben H. Arredondo
Different Strokes For Different Folks: Balancing The Treatment Of Employers And Employees In Employment Discrimination Cases In Courts Within The Tenth Circuit Court Of Appeals, Ruben H. Arredondo
Brigham Young University Journal of Public Law
No abstract provided.
One Small Step For Women: Female-Friendly Provisions In The Rome Statute Of The International Criminal Court, Rana Lehr-Lehnardt
One Small Step For Women: Female-Friendly Provisions In The Rome Statute Of The International Criminal Court, Rana Lehr-Lehnardt
Brigham Young University Journal of Public Law
No abstract provided.
Which Of The Preparatory Commission's Latest Proposals For The Definition Of The Crime Of Aggression And The Exercise Of Jurisdiction Should Be Adopted Into The Rome Statute Of The International Criminal Court?, Rachel Peirce
Brigham Young University Journal of Public Law
No abstract provided.
The Effect Of The United States Supreme Court's Decisions During The Last Quarter Of The Nineteenth Century On Tribal Criminal Jurisdiction, Christopher B. Chaney
The Effect Of The United States Supreme Court's Decisions During The Last Quarter Of The Nineteenth Century On Tribal Criminal Jurisdiction, Christopher B. Chaney
Brigham Young University Journal of Public Law
No abstract provided.
Greasing The Squeaky Wheels Of Justice: Designing The Bankruptcy Courts Of The Twenty-First Century, Christopher F. Carlton
Greasing The Squeaky Wheels Of Justice: Designing The Bankruptcy Courts Of The Twenty-First Century, Christopher F. Carlton
Brigham Young University Journal of Public Law
No abstract provided.
Sierra Club V. San Antonio: In Search Of The Appropriate Application Of The Burford Abstention, David Carter
Sierra Club V. San Antonio: In Search Of The Appropriate Application Of The Burford Abstention, David Carter
Brigham Young University Journal of Public Law
No abstract provided.
Defining Political Corruption: The Supreme Court's Role, Paul S. Edwards
Defining Political Corruption: The Supreme Court's Role, Paul S. Edwards
Brigham Young University Journal of Public Law
No abstract provided.
Five Supreme Court Constitutions: Race-Based Scrutiny Past, Present, And Future, David Zimmerman
Five Supreme Court Constitutions: Race-Based Scrutiny Past, Present, And Future, David Zimmerman
Brigham Young University Journal of Public Law
No abstract provided.
Supreme Court Voting Behavior: 1992 Term, Richard G. Wilkins, Troy R. Braegger, James L. Kimball Iii
Supreme Court Voting Behavior: 1992 Term, Richard G. Wilkins, Troy R. Braegger, James L. Kimball Iii
Brigham Young University Journal of Public Law
No abstract provided.
Supreme Court Voting Behavior: 1991 Term, Richard G. Wilkins, James L. Kimball Iii, Troy R. Braegger
Supreme Court Voting Behavior: 1991 Term, Richard G. Wilkins, James L. Kimball Iii, Troy R. Braegger
Brigham Young University Journal of Public Law
No abstract provided.
Supreme Court Voting Behavior: 1990 Term, Robert E. Riggs, Guy L. Black
Supreme Court Voting Behavior: 1990 Term, Robert E. Riggs, Guy L. Black
Brigham Young University Journal of Public Law
No abstract provided.
Supreme Court Voting Behavior: 1989 Term, Robert E. Riggs, Mark T. Urban
Supreme Court Voting Behavior: 1989 Term, Robert E. Riggs, Mark T. Urban
Brigham Young University Journal of Public Law
No abstract provided.
To Be Or Not To Be: The Validity Of Pendent Party Jurisdiction Remains Unanswered After Finley V. United States, Janis T. Butler
To Be Or Not To Be: The Validity Of Pendent Party Jurisdiction Remains Unanswered After Finley V. United States, Janis T. Butler
Brigham Young University Journal of Public Law
No abstract provided.
Supreme Court Voting Behavior: 1988 Term, Robert E. Riggs
Supreme Court Voting Behavior: 1988 Term, Robert E. Riggs
Brigham Young University Journal of Public Law
No abstract provided.