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Articles 1 - 30 of 30

Full-Text Articles in Law

Who Decides And What Difference Does It Make?: Defining Marriage In "Our Democratic, Federal Republic", Kevin J. Worthen Jul 2003

Who Decides And What Difference Does It Make?: Defining Marriage In "Our Democratic, Federal Republic", Kevin J. Worthen

Brigham Young University Journal of Public Law

The debate over the legality of same-sex marriage has centered largely on the substantive merits of the issue. This article does not. Instead, it seeks to draw attention to the perhaps equally important-but often overlooked-issue of the proper form and forum for resolving the substantive issue. It asks the question, if we awoke tomorrow to the newspaper headline -- "Legality of Same-Sex Marriage Decided" -- what difference would it make if the succeeding story referred to 1) a federal statute, 2) a U. S. Supreme Court decision, 3) a federal constitutional amendment, 4) a state statute, 5) a state supreme …


The Curious Case Of The Missing Legal Analysis, Lynn D. Wardle Jul 2003

The Curious Case Of The Missing Legal Analysis, Lynn D. Wardle

Brigham Young University Journal of Public Law

No abstract provided.


Traditional Marriage: Still Worth Defending, George W. Dent Jr. Jul 2003

Traditional Marriage: Still Worth Defending, George W. Dent Jr.

Brigham Young University Journal of Public Law

No abstract provided.


The Augustinian Goods Of Marriage: The Disappearing Cornerstone Of The American Law Of Marriage, Charles J. Reid Jr. Jul 2003

The Augustinian Goods Of Marriage: The Disappearing Cornerstone Of The American Law Of Marriage, Charles J. Reid Jr.

Brigham Young University Journal of Public Law

No abstract provided.


The Case Against Same-Sex Marriage In Canada: Law And Policy Considerations, Jane Adolphe Jul 2003

The Case Against Same-Sex Marriage In Canada: Law And Policy Considerations, Jane Adolphe

Brigham Young University Journal of Public Law

No abstract provided.


Some Wrongs And (Human) Rights In The English Same-Sex Marriage Debate, John Murphy Jul 2003

Some Wrongs And (Human) Rights In The English Same-Sex Marriage Debate, John Murphy

Brigham Young University Journal of Public Law

No abstract provided.


Status, Benefits, And Recognition: Current Controversies In The Marriage Debate, Joshua K. Baker Jul 2003

Status, Benefits, And Recognition: Current Controversies In The Marriage Debate, Joshua K. Baker

Brigham Young University Journal of Public Law

No abstract provided.


The Litigation To Redefine Marriage: Equality And Social Meaning , William C. Duncan Jul 2003

The Litigation To Redefine Marriage: Equality And Social Meaning , William C. Duncan

Brigham Young University Journal of Public Law

No abstract provided.


Variety In U.S. Kinship Practices, Substantive Due Process Analysis And The Right To Marry, C. Quince Hopkins Jul 2003

Variety In U.S. Kinship Practices, Substantive Due Process Analysis And The Right To Marry, C. Quince Hopkins

Brigham Young University Journal of Public Law

No abstract provided.


Hints, Not Holdings: Use Of Precedent In Lawrence V. Texas, David M. Wagner Jul 2003

Hints, Not Holdings: Use Of Precedent In Lawrence V. Texas, David M. Wagner

Brigham Young University Journal of Public Law

No abstract provided.


Judicial Ethics In Utah, Steve Averett Jul 2003

Judicial Ethics In Utah, Steve Averett

Brigham Young University Journal of Public Law

No abstract provided.


A Right Of Passage: The Implications Of The Tenth Circuit's Ruling In First Unitarian V. Salt Lake City, Braden J. Montierth Jul 2003

A Right Of Passage: The Implications Of The Tenth Circuit's Ruling In First Unitarian V. Salt Lake City, Braden J. Montierth

Brigham Young University Journal of Public Law

No abstract provided.


Transsexuals, Intersexuals And Same-Sex Marriage, Terry S. Kogan Jul 2003

Transsexuals, Intersexuals And Same-Sex Marriage, Terry S. Kogan

Brigham Young University Journal of Public Law

No abstract provided.


Protected From Their Own Beliefs: Religious Objectors And Paternalistic Laws, Adam Fraser May 2003

Protected From Their Own Beliefs: Religious Objectors And Paternalistic Laws, Adam Fraser

Brigham Young University Journal of Public Law

No abstract provided.


The Lonely Pragmatist: Humanitarian Intervention In An Imperfect World, David Vessel May 2003

The Lonely Pragmatist: Humanitarian Intervention In An Imperfect World, David Vessel

Brigham Young University Journal of Public Law

No abstract provided.


Conscientious Objection To War: Heroes To Human Shields, Alfred J. Sciarrino, Kenneth L. Deutsch May 2003

Conscientious Objection To War: Heroes To Human Shields, Alfred J. Sciarrino, Kenneth L. Deutsch

Brigham Young University Journal of Public Law

No abstract provided.


The Arrival Of Judicial Review In Germany Under The Weimar Constitution Of 1919, Bernd J. Hartmann May 2003

The Arrival Of Judicial Review In Germany Under The Weimar Constitution Of 1919, Bernd J. Hartmann

Brigham Young University Journal of Public Law

No abstract provided.


"Lobbying Activities" And Presidential Pardons: Will Legislators' Efforts To Amend The Lda Lead To Increasingly Hard-Lined Jurisprudence? , Kathryn L. Plemmons May 2003

"Lobbying Activities" And Presidential Pardons: Will Legislators' Efforts To Amend The Lda Lead To Increasingly Hard-Lined Jurisprudence? , Kathryn L. Plemmons

Brigham Young University Journal of Public Law

No abstract provided.


Reporter's Privilege In Utah, Edward L. Carter May 2003

Reporter's Privilege In Utah, Edward L. Carter

Brigham Young University Journal of Public Law

No abstract provided.


Proselytizers, Pamphleteers, Pests, And Other First Amendment Champions: Watchtower Bible And Tract Society Of New York, Inc. V. Village Of Stratton, Kathryn Lusty May 2003

Proselytizers, Pamphleteers, Pests, And Other First Amendment Champions: Watchtower Bible And Tract Society Of New York, Inc. V. Village Of Stratton, Kathryn Lusty

Brigham Young University Journal of Public Law

No abstract provided.


Recognizing All Critical Stages In Criminal Proceedings: The Violation Of The Sixth Amendment By Utah In Not Allowing Defendants The Right To Counsel At Parole Hearings, Amanda N. Montague May 2003

Recognizing All Critical Stages In Criminal Proceedings: The Violation Of The Sixth Amendment By Utah In Not Allowing Defendants The Right To Counsel At Parole Hearings, Amanda N. Montague

Brigham Young University Journal of Public Law

No abstract provided.


Regulatory Takings: Correcting The Supreme Court's Wrong Turn In Tahoe Regional Planning Agency, Bryan J. Pack Mar 2003

Regulatory Takings: Correcting The Supreme Court's Wrong Turn In Tahoe Regional Planning Agency, Bryan J. Pack

Brigham Young University Journal of Public Law

No abstract provided.


Allowing Another Policeman On The Information Superhighway: State Interests And Federalism On The Internet In The Face Of The Dormant Commerce Clause, Michael W. Loudenslager Mar 2003

Allowing Another Policeman On The Information Superhighway: State Interests And Federalism On The Internet In The Face Of The Dormant Commerce Clause, Michael W. Loudenslager

Brigham Young University Journal of Public Law

No abstract provided.


Disability Harassment: How Far Should The Ada Follow In The Footsteps Of Title Vii?, Leah C. Myers Mar 2003

Disability Harassment: How Far Should The Ada Follow In The Footsteps Of Title Vii?, Leah C. Myers

Brigham Young University Journal of Public Law

No abstract provided.


May Congress Grant The States The Power To Violate The Equal Protection Clause? Aliessa V. Novello And Title Iv Of The Personal Responsibility And Work Opportunity Reconciliation Act Of 1996, Karin H. Berg Mar 2003

May Congress Grant The States The Power To Violate The Equal Protection Clause? Aliessa V. Novello And Title Iv Of The Personal Responsibility And Work Opportunity Reconciliation Act Of 1996, Karin H. Berg

Brigham Young University Journal of Public Law

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.


Festo Corp. V. Shoketsu Kinzoku Kogyo Kabushiki Co., Ratcheting Down The Doctrine Of Equivalents, Kulaniakea Fisher Mar 2003

Festo Corp. V. Shoketsu Kinzoku Kogyo Kabushiki Co., Ratcheting Down The Doctrine Of Equivalents, Kulaniakea Fisher

Brigham Young University Journal of Public Law

No abstract provided.


Utah At The Crossroads: The Role Of The Judiciary In Initiative And Severability Law After Gallivan V. Walker, Jaysen Oldroyd Mar 2003

Utah At The Crossroads: The Role Of The Judiciary In Initiative And Severability Law After Gallivan V. Walker, Jaysen Oldroyd

Brigham Young University Journal of Public Law

No abstract provided.


Getting Title Vii Back On Track: Leaving Allison Behind For The Robinson Line, W. Lyle Stamps Mar 2003

Getting Title Vii Back On Track: Leaving Allison Behind For The Robinson Line, W. Lyle Stamps

Brigham Young University Journal of Public Law

No abstract provided.


Comparing Children To The Mentally Retarded: How The Decision In Atkins V. Virginia Will Affect The Execution Of Jevenile Offenders , Robin M. A. Weeks Mar 2003

Comparing Children To The Mentally Retarded: How The Decision In Atkins V. Virginia Will Affect The Execution Of Jevenile Offenders , Robin M. A. Weeks

Brigham Young University Journal of Public Law

No abstract provided.