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Full-Text Articles in Law

Publius’S Protectors Of Liberty: A Still Important Role For States, Adam Reed Moore Jan 2023

Publius’S Protectors Of Liberty: A Still Important Role For States, Adam Reed Moore

BYU Law Review

No abstract provided.


Class Actions, Jurisdiction, And Principle In Doctrinal Design, David Marcus, Will Ostrander Sep 2020

Class Actions, Jurisdiction, And Principle In Doctrinal Design, David Marcus, Will Ostrander

BYU Law Review

No abstract provided.


A State Is A “They,” Not An “It”: Intrastate Conflicts In Multistate Challenges To The Affordable Care Act, Anthony Johnstone Sep 2020

A State Is A “They,” Not An “It”: Intrastate Conflicts In Multistate Challenges To The Affordable Care Act, Anthony Johnstone

BYU Law Review

No abstract provided.


The (Surprisingly) Prevalent Role Of States In An Era Of Federalized Class Actions, Linda S. Mullenix Sep 2020

The (Surprisingly) Prevalent Role Of States In An Era Of Federalized Class Actions, Linda S. Mullenix

BYU Law Review

In enacting the Class Action Fairness Act of 2005 (CAFA), Congress intended to expand access to the federal courts for interstate class actions by creating minimal diversity and removal jurisdiction. In Section 2 of the Act, “Findings and Purposes,” Congress stated that class action abuses undermined “the concept of diversity jurisdiction as intended by the Framers of the United States Constitution” in that state courts kept cases of national importance out of federal court and sometimes demonstrated bias against out-of-state defendants. Congress stated that a purpose of CAFA was to “restore the intent of the framers of the United States …


The California Coastal Commission’S Efforts To Provide Affordable Overnight Accommodations By Preempting Cities’ Constitutional Police Power, Taylor Smith Aug 2020

The California Coastal Commission’S Efforts To Provide Affordable Overnight Accommodations By Preempting Cities’ Constitutional Police Power, Taylor Smith

BYU Law Review

No abstract provided.


Boundary Dispute: The Presumption Against Extraterritoriality As Judicial Nondelegation, Luke Bell Mar 2017

Boundary Dispute: The Presumption Against Extraterritoriality As Judicial Nondelegation, Luke Bell

BYU Law Review

No abstract provided.


Wonky Walden: The Dizzying New Personal Jurisdiction Rule, Adam Balinski Mar 2016

Wonky Walden: The Dizzying New Personal Jurisdiction Rule, Adam Balinski

BYU Law Review

No abstract provided.


Is The Clean Water Act's Diligent Prosecution Bar Jurisdictional? A Journey Into Discovering Congressional Intent, Szonja Ludvig Feb 2014

Is The Clean Water Act's Diligent Prosecution Bar Jurisdictional? A Journey Into Discovering Congressional Intent, Szonja Ludvig

BYU Law Review

No abstract provided.


Can States "Just Say No" To Federal Health Care Reform? The Constitutional And Political Implications Of State Attempts To Nullify Federal Law, Ryan Card Nov 2010

Can States "Just Say No" To Federal Health Care Reform? The Constitutional And Political Implications Of State Attempts To Nullify Federal Law, Ryan Card

BYU Law Review

No abstract provided.


A Personal Jurisdiction Dilemma: Collateral Attacks On Foreign Judgments In U.S. Recognition Proceedings, J. Chad Mitchell May 2008

A Personal Jurisdiction Dilemma: Collateral Attacks On Foreign Judgments In U.S. Recognition Proceedings, J. Chad Mitchell

Brigham Young University International Law & Management Review

No abstract provided.


"Manifest" Destiny?: How Some Courts Have Fallaciously Come To Require A Greater Showing Of Congressional Intent For Jurisdictional Exhaustion Than They Require For Preemption, Colin Miller Mar 2008

"Manifest" Destiny?: How Some Courts Have Fallaciously Come To Require A Greater Showing Of Congressional Intent For Jurisdictional Exhaustion Than They Require For Preemption, Colin Miller

BYU Law Review

No abstract provided.


The Hague Convention On Choice Of Court Agreements: Creating An International Framework For Recognizing Foreign Judgements, Matthew B. Berlin May 2007

The Hague Convention On Choice Of Court Agreements: Creating An International Framework For Recognizing Foreign Judgements, Matthew B. Berlin

Brigham Young University International Law & Management Review

No abstract provided.


On Law, Wars, And Mercenaries: The Case For Courts-Martial Jurisdiction Over Civilian Contractor Misconduct In Iraq, Wm. C. Peters May 2006

On Law, Wars, And Mercenaries: The Case For Courts-Martial Jurisdiction Over Civilian Contractor Misconduct In Iraq, Wm. C. Peters

BYU Law Review

No abstract provided.


Ten Years Of Pena: Revisiting The Utah Mixed Question Standard Of Appellate Review, Andrew Franklin Peterson Mar 2004

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.


Intervening In The Case (Or Controversy): Article Iii Standing, Rule 24 Intervention, And The Conflict In The Federal Courts, Tyler R. Stradling, Doyle S. Byers Mar 2003

Intervening In The Case (Or Controversy): Article Iii Standing, Rule 24 Intervention, And The Conflict In The Federal Courts, Tyler R. Stradling, Doyle S. Byers

BYU Law Review

No abstract provided.


Who Makes The Call On Capital Punishment? How Ring V. Arizona Clarifies The Apprendi Rule And The Implications On Capital Sentencing , Sim?N Cantarero Mar 2003

Who Makes The Call On Capital Punishment? How Ring V. Arizona Clarifies The Apprendi Rule And The Implications On Capital Sentencing , Sim?N Cantarero

Brigham Young University Journal of Public Law

No abstract provided.


Arising Under Jurisdiction In The Federalism Renaissance: Verizon Maryland Inc. V. Public Service Commission Of Maryland Sep 2002

Arising Under Jurisdiction In The Federalism Renaissance: Verizon Maryland Inc. V. Public Service Commission Of Maryland

BYU Law Review

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 Mar 2001

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 Mar 2000

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.


Www.International_Shoe.Com: Analyzing Weber V. Jolly Hotel's Paradigm For Personal Jurisdiction In Cyberspace, Russell D. Shurtz Nov 1998

Www.International_Shoe.Com: Analyzing Weber V. Jolly Hotel's Paradigm For Personal Jurisdiction In Cyberspace, Russell D. Shurtz

BYU Law Review

No abstract provided.


Sierra Club V. San Antonio: In Search Of The Appropriate Application Of The Burford Abstention, David Carter Mar 1998

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.


Congressional Power Over Federal Court Jurisdiction: A Defense Of The Neo-Federalist Interpretation Of Article Iil, Robert J. Pushaw Jr. Nov 1997

Congressional Power Over Federal Court Jurisdiction: A Defense Of The Neo-Federalist Interpretation Of Article Iil, Robert J. Pushaw Jr.

BYU Law Review

No abstract provided.


Erie Awry: A Comment On Gasperini V. Center For Humanities, Inc., C. Douglas Floyd May 1997

Erie Awry: A Comment On Gasperini V. Center For Humanities, Inc., C. Douglas Floyd

BYU Law Review

No abstract provided.


Nkacoang U. Ins: A Complementary Theory For Denying Reinstatement Of Voluntary Departure, Richard Cameron Blake Mar 1997

Nkacoang U. Ins: A Complementary Theory For Denying Reinstatement Of Voluntary Departure, Richard Cameron Blake

BYU Law Review

No abstract provided.


Class Actions And Supplemental Jurisdiction: Will Zahn V. International Paper Co. Remain Viable?, Christopher P. Simkins Sep 1996

Class Actions And Supplemental Jurisdiction: Will Zahn V. International Paper Co. Remain Viable?, Christopher P. Simkins

BYU Law Review

No abstract provided.


Who Will Control The Future Of Indian Gaming? "A Few Pages Of History Are Worth A Volume Of Logic", Kevin J. Worthen, Wayne R. Farnsworth May 1996

Who Will Control The Future Of Indian Gaming? "A Few Pages Of History Are Worth A Volume Of Logic", Kevin J. Worthen, Wayne R. Farnsworth

BYU Law Review

This Article attempts to place the current controversy concerning reservation gaming into perspective by viewing it not solely as a 1990s battle over casinos in IndianCountry, but as the latest round in a much longer and larger struggle among the federal, state and tribal governments over the States' role in governing Native American groups within state borders. The Article argues that federal-state relations on non-Indian issues often shape federal Indian policy more than a thoughtful consideration of the proper balance between state economic and tribal autonomy issues. What may begin as a dispute about tribal-state relations on a particular matter, …


Introduction: Multijurisdictional Water Resources Regulation, Ray Jay Davis May 1996

Introduction: Multijurisdictional Water Resources Regulation, Ray Jay Davis

Brigham Young University Journal of Public Law

No abstract provided.


Shanaghan V. Cahill: Supplementing Supplemental Jurisdiction, Amanda Dalton Mar 1996

Shanaghan V. Cahill: Supplementing Supplemental Jurisdiction, Amanda Dalton

BYU Law Review

No abstract provided.


The Discretionary Exercise Of Supplemental Jurisdiction Under The Supplemental Jurisdiction Statute, Jon D. Corey Nov 1995

The Discretionary Exercise Of Supplemental Jurisdiction Under The Supplemental Jurisdiction Statute, Jon D. Corey

BYU Law Review

No abstract provided.


Removing Intrastate Lawsuits: The Affecting-Commerce Argument After United States V. Lopez, Kelly G. Black Sep 1995

Removing Intrastate Lawsuits: The Affecting-Commerce Argument After United States V. Lopez, Kelly G. Black

BYU Law Review

No abstract provided.