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Articles 1 - 29 of 29
Full-Text Articles in Law
Salt, Smurthwaite, And Smith: The Origins Of The Modern Legal Identity Of The Church Of Jesus Christ Of Latter-Day Saints, Nathan B. Oman
Salt, Smurthwaite, And Smith: The Origins Of The Modern Legal Identity Of The Church Of Jesus Christ Of Latter-Day Saints, Nathan B. Oman
Faculty Publications
In 2019 there existed a legal entity known as The Church of Jesus Christ of Latter-day Saints. This fact will likely strike most readers as unexceptional. More interesting, however, prior to 2019 there had been no such legal entity as the Church of Jesus Christ of Latter-day Saints for over 150 years, the last of that name likely having been disincorporated in 1862. Even more strangely, although there were millions of people around the globe who identified themselves as Latter-day Saints, in 2019 the only member of the legal entity known as The Church of Jesus Christ of Latter-day Saints …
Civil Disobedience In Latter-Day Saint Thought, Nathan B. Oman
Civil Disobedience In Latter-Day Saint Thought, Nathan B. Oman
Faculty Publications
The twelfth article of faith declares, “We believe in being subject to kings, presidents, rulers, and magistrates, in obeying, honoring, and sustaining the law” (A of F 1:12). On its face, this statement seems to be an unqualified acceptance of legal authority, one that would suggest that Latter-day Saints ought to shun civil disobedience. However, a closer look at Restoration scripture, teachings, and experience reveals a more complicated picture. To be sure, law-abidingness has long been central to the Saints’ identity, particularly in the twentieth and twenty-first centuries, and like the New Testament, Restoration scripture generally accepts the need to …
Professor Katherine Mims Crocker: Reflections On The Fall 2020 Semester, Katherine Mims Crocker
Professor Katherine Mims Crocker: Reflections On The Fall 2020 Semester, Katherine Mims Crocker
Law School Personal Reflections on COVID-19
No abstract provided.
Professor Aaron-Andrew Bruhl: Reflections On The Fall 2020 Semester, Aaron-Andrew P. Bruhl
Professor Aaron-Andrew Bruhl: Reflections On The Fall 2020 Semester, Aaron-Andrew P. Bruhl
Law School Personal Reflections on COVID-19
No abstract provided.
The Meaning Of Mcdonald's [(R)], Laura A. Heymann
Brief Of Scholars Of Mormon History & Law As Amici Curiae In Support Of Neither Party, Anna-Rose Mathieson, Ben Feuer, Nathan B. Oman
Brief Of Scholars Of Mormon History & Law As Amici Curiae In Support Of Neither Party, Anna-Rose Mathieson, Ben Feuer, Nathan B. Oman
Briefs
No abstract provided.
Amici Curiae Brief Of Scholars Of Mormon History & Law In Support Of Neither Party, Anna-Rose Mathieson, Nathan B. Oman
Amici Curiae Brief Of Scholars Of Mormon History & Law In Support Of Neither Party, Anna-Rose Mathieson, Nathan B. Oman
Briefs
No abstract provided.
Amici Curiae Brief Of Scholars Of American Religious History & Law In Support Of Neither Party, Nathan B. Oman, Anna-Rose Mathieson
Amici Curiae Brief Of Scholars Of American Religious History & Law In Support Of Neither Party, Nathan B. Oman, Anna-Rose Mathieson
Briefs
No abstract provided.
International Legal Experience And The Mormon Theology Of The State, 1945-2012, Nathan B. Oman
International Legal Experience And The Mormon Theology Of The State, 1945-2012, Nathan B. Oman
Faculty Publications
No abstract provided.
The Real Legal Realism, Michael S. Green
English Justices And Roman Jurists: The Civilian Learning Behind England's First Case Law, Thomas J. Mcsweeney
English Justices And Roman Jurists: The Civilian Learning Behind England's First Case Law, Thomas J. Mcsweeney
Faculty Publications
Article looks at a historical problem—the first use of case law by English royal justices in the thirteenth century—and makes it a starting point for thinking about the ways legal reasoning works in the modern common law. In the first Part of the Article, I show that, at its origin, the English justices’ use of decided cases as a source of law was inspired by the work civil and canon law scholars were doing with written authorities in the medieval universities. In an attempt to make the case that English law was on par with civil law and canon law, …
Against The Conventionalist Turn In Legal Theory: Dickson On Hart On The Rule Of Recognition, Michael S. Green
Against The Conventionalist Turn In Legal Theory: Dickson On Hart On The Rule Of Recognition, Michael S. Green
Popular Media
No abstract provided.
Preaching To The Court House And Judging In The Temple, Nathan B. Oman
Preaching To The Court House And Judging In The Temple, Nathan B. Oman
Faculty Publications
No abstract provided.
"The Living Oracles": Legal Interpretation And Mormon Thought, Nathan B. Oman
"The Living Oracles": Legal Interpretation And Mormon Thought, Nathan B. Oman
Faculty Publications
No abstract provided.
The Application Of The Religious Freedom Restoration Act To Appearance Regulations That Presumptively Prohibit Observant Sikh Lawyers From Joining The U.S. Army Judge Advocate General Corps, Rajdeep Singh Jolly
The Application Of The Religious Freedom Restoration Act To Appearance Regulations That Presumptively Prohibit Observant Sikh Lawyers From Joining The U.S. Army Judge Advocate General Corps, Rajdeep Singh Jolly
W&M Law Student Publications
Observant Sikh lawyers are presumptively prohibited from joining the U.S. Army Judge Advocate General (JAG) Corps because they cannot satisfy the Army's appearance regulations. This essay argues that this presumptive prohibition violates the Religious Freedom Restoration Act (RFRA). Under RFRA, the federal government may substantially burden an individual's exercise of religion only if it demonstrates that its application of the burden furthers a compelling governmental interest by the least restrictive means.' The Army's appearance regulations are designed to promote two interests-uniformity and safety. In the course of furthering these interests, the Army's appearance regulations effectively preclude observant Sikhs from joining …
Book Review Of Faiths Of The Founding Fathers, Davison M. Douglas
Book Review Of Faiths Of The Founding Fathers, Davison M. Douglas
Faculty Publications
No abstract provided.
Jurisprudence And The Problem Of Church Doctrine, Nathan B. Oman
Jurisprudence And The Problem Of Church Doctrine, Nathan B. Oman
Faculty Publications
No abstract provided.
The Discourse Beneath: Emotional Epistemology In Legal Deliberation And Negotiation, Erin Ryan
The Discourse Beneath: Emotional Epistemology In Legal Deliberation And Negotiation, Erin Ryan
Faculty Publications
No abstract provided.
"Secret Combinations": A Legal Analysis, Nathan B. Oman
"Secret Combinations": A Legal Analysis, Nathan B. Oman
Faculty Publications
No abstract provided.
Nietzsche’S Place In Nineteenth Century German Philosophy, Michael S. Green
Nietzsche’S Place In Nineteenth Century German Philosophy, Michael S. Green
Faculty Publications
No abstract provided.
Dworkin's Fallacy, Or What The Philosophy Of Language Can't Teach Us About The Law, Michael S. Green
Dworkin's Fallacy, Or What The Philosophy Of Language Can't Teach Us About The Law, Michael S. Green
Faculty Publications
No abstract provided.
Book Review Of Sarah Barringer Gordon's The Mormon Question: Polygamy And Constitutional Conflict In Nineteenth-Century America, Nathan B. Oman
Book Review Of Sarah Barringer Gordon's The Mormon Question: Polygamy And Constitutional Conflict In Nineteenth-Century America, Nathan B. Oman
Faculty Publications
No abstract provided.
"Out Of Zion Shall Go Forth The Law", Nathan B. Oman
"Out Of Zion Shall Go Forth The Law", Nathan B. Oman
Faculty Publications
No abstract provided.
Harlot's Ghost And Jfk: A Fictional Conservation With Norman Mailer, Oliver Stone, Earl Warren, And Hugo Black, Rodney A. Smolla
Harlot's Ghost And Jfk: A Fictional Conservation With Norman Mailer, Oliver Stone, Earl Warren, And Hugo Black, Rodney A. Smolla
Faculty Publications
No abstract provided.
Accommodating Employees' Sabbaths: Is It The Government's Job?, Neal Devins
Accommodating Employees' Sabbaths: Is It The Government's Job?, Neal Devins
Faculty Publications
No abstract provided.
The Treaty That Made America A World Power, William F. Swindler
The Treaty That Made America A World Power, William F. Swindler
Popular Media
No abstract provided.
An Essay On The Moral And Political Effect Of The Relation Between The Caucasian Master And The African Slave (Part Ii), N. Beverley Tucker
An Essay On The Moral And Political Effect Of The Relation Between The Caucasian Master And The African Slave (Part Ii), N. Beverley Tucker
Faculty Publications
No abstract provided.
An Essay On The Moral And Political Effect Of The Relation Between The Caucasian Master And The African Slave, N. Beverley Tucker
An Essay On The Moral And Political Effect Of The Relation Between The Caucasian Master And The African Slave, N. Beverley Tucker
Faculty Publications
No abstract provided.
Slavery: Review Of Slavery In The United States And The South Vindicated From The Treason And Fanaticism Of The Northern Abolitionists, N. Beverley Tucker
Slavery: Review Of Slavery In The United States And The South Vindicated From The Treason And Fanaticism Of The Northern Abolitionists, N. Beverley Tucker
Faculty Publications
No abstract provided.