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Brigham Young University Law School

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Articles 151 - 180 of 259

Full-Text Articles in Courts

Perspectives On Religious Freedom Fiom The Vantage Point Of The European Court Of Human Rights, Willi Fuhrmann Sep 2000

Perspectives On Religious Freedom Fiom The Vantage Point Of The European Court Of Human Rights, Willi Fuhrmann

BYU Law Review

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.


Protecting The Sacred Sites Of Indigenous People In U.S. Courts: Reconciling Native American Religion And The Right To Exclude, Kevin J. Worthen Jan 2000

Protecting The Sacred Sites Of Indigenous People In U.S. Courts: Reconciling Native American Religion And The Right To Exclude, Kevin J. Worthen

Faculty Scholarship

The key to understanding current U. S. caselaw concerning the protection of Native American sacred sites is arguably found in the dissenting opinion of an eighteen-year old case involving not religious freedom, not sacred sites, and not cultural heritage - but the right of Indian tribes to impose severance taxes on non-tribal members who extract oil and gas from tribal lands. In Merrion v. Jicarilla Apache Tribe, Justice Stevens refused to join the majority’s conclusion that the inherent sovereignty of the Jicarilla Apache Tribe included the power to impose such a tax. In his view, a tribe’s authority to regulate …


Larry B. Rentmeister V. June R. Desilvia, James Howard Rentmeister, Donald Neil Rentmeister, Trustees Of The Estate Of Della Zillah C. Rentmeister : Brief Of Respondent, Utah Supreme Court Jan 2000

Larry B. Rentmeister V. June R. Desilvia, James Howard Rentmeister, Donald Neil Rentmeister, Trustees Of The Estate Of Della Zillah C. Rentmeister : Brief Of Respondent, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from the Judgment of the District Court of Weber County, Honorable Calvin Gould, Judge


Sterling B. Cannon, George H. Maxwell, Dave Davis, Art Van Luyx, And Terry Teeples V. Stevens Schools Of Business, Inc. : Response To Petition For Rehearing, Utah Supreme Court Jan 2000

Sterling B. Cannon, George H. Maxwell, Dave Davis, Art Van Luyx, And Terry Teeples V. Stevens Schools Of Business, Inc. : Response To Petition For Rehearing, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from a Judgment of the District Court of Salt Lake County Honorable Stewart M. Hanson, Sr., Judge


Collective Rights Adjudication In U.S. Courts: Enforcing Human Rights At The Corporate Level, Kathryn L. Boyd Nov 1999

Collective Rights Adjudication In U.S. Courts: Enforcing Human Rights At The Corporate Level, Kathryn L. Boyd

BYU Law Review

No abstract provided.


Humenansky V. Regents Of The University Of Minnesota: Questioning Congressional Intent And Authority To Abrogate Eleventh Amendment Immunity With The Adea, Eric Hunter Sep 1999

Humenansky V. Regents Of The University Of Minnesota: Questioning Congressional Intent And Authority To Abrogate Eleventh Amendment Immunity With The Adea, Eric Hunter

BYU Law Review

No abstract provided.


Greasing The Squeaky Wheels Of Justice: Designing The Bankruptcy Courts Of The Twenty-First Century, Christopher F. Carlton May 1999

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.


Clark Memorandum: Spring 1999, J. Reuben Clark Law Society, J. Reuben Clark Law School Apr 1999

Clark Memorandum: Spring 1999, J. Reuben Clark Law Society, J. Reuben Clark Law School

The Clark Memorandum


Secularism And The Supreme Court, George W. Dent Jr. Mar 1999

Secularism And The Supreme Court, George W. Dent Jr.

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.


Rescuing Multidistrict Litigation From The Altar Of Expediency, Carter G. Phillips, Gene C. Schaerr, Anil K. Abraham Nov 1997

Rescuing Multidistrict Litigation From The Altar Of Expediency, Carter G. Phillips, Gene C. Schaerr, Anil K. Abraham

BYU Law Review

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.


Trail Mountain Coal Co. V. Utah Division Of State Lands & Forestry: Can States Retroactively Alter Their Own Contractual Obligations?, Michael S. Lee Nov 1997

Trail Mountain Coal Co. V. Utah Division Of State Lands & Forestry: Can States Retroactively Alter Their Own Contractual Obligations?, Michael S. Lee

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.


Extending The Due Process Clause To Prevent A Previously Recused Judge From Later Attempting To Affect The Case From Which He Was Recused, S. Matthew Cook May 1997

Extending The Due Process Clause To Prevent A Previously Recused Judge From Later Attempting To Affect The Case From Which He Was Recused, S. Matthew Cook

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.


Defining Political Corruption: The Supreme Court's Role, Paul S. Edwards Mar 1996

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 Mar 1996

Five Supreme Court Constitutions: Race-Based Scrutiny Past, Present, And Future, David Zimmerman

Brigham Young University Journal of Public Law

No abstract provided.


West Valley City V. Lynn Poulsen : Reply Brief, Utah Court Of Appeals Jan 1996

West Valley City V. Lynn Poulsen : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

No abstract provided.


The Foreign Amici Dilemma, Stephen A. Plass Nov 1995

The Foreign Amici Dilemma, Stephen A. Plass

BYU Law Review

No abstract provided.


The Ali's Complex Litigation Project And Federal-To-State Consolidation: A Due Process Analysis Of Granting To State Courts Nationwide Personal Jurisdiction, Deborah Dunn Sep 1995

The Ali's Complex Litigation Project And Federal-To-State Consolidation: A Due Process Analysis Of Granting To State Courts Nationwide Personal Jurisdiction, Deborah Dunn

BYU Law Review

No abstract provided.


Arthur Miller's Death Of A Doctrine Or Will The Federal Courts Abstain From Abstaining? The Complex Litigation Recommendations' Impact On The Abstention Doctrine, William A. Calhoun Ii Sep 1995

Arthur Miller's Death Of A Doctrine Or Will The Federal Courts Abstain From Abstaining? The Complex Litigation Recommendations' Impact On The Abstention Doctrine, William A. Calhoun Ii

BYU Law Review

No abstract provided.


The Sky Is Falling-The Ali's Efficient Response To Courts In Crisis?, Christine Gail Clark Sep 1995

The Sky Is Falling-The Ali's Efficient Response To Courts In Crisis?, Christine Gail Clark

BYU Law Review

No abstract provided.


The Power Of Congress Over Courts In N Onfederal Cases, Louise Weinberg Sep 1995

The Power Of Congress Over Courts In N Onfederal Cases, Louise Weinberg

BYU Law Review

No abstract provided.


The Straits Of Stare Decisis And The Utah Court Of Appeals: Navigating The Scylla Of Under-Application And The Charybdis Of Over-Application, Paul W. Werner Sep 1994

The Straits Of Stare Decisis And The Utah Court Of Appeals: Navigating The Scylla Of Under-Application And The Charybdis Of Over-Application, Paul W. Werner

BYU Law Review

No abstract provided.


Supreme Court Voting Behavior: 1992 Term, Richard G. Wilkins, Troy R. Braegger, James L. Kimball Iii Mar 1994

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.


State V. Thomas And The Mcdonough Test: A Safety Net Proposal To Cure The Square Peg-Round Hole Dilemma, Lisabeth Joner Nov 1993

State V. Thomas And The Mcdonough Test: A Safety Net Proposal To Cure The Square Peg-Round Hole Dilemma, Lisabeth Joner

BYU Law Review

No abstract provided.


Rethinking Federal Judicial Selection Nov 1993

Rethinking Federal Judicial Selection

BYU Law Review

No abstract provided.


The Role Of Public Opinion In Constitutional Interpretation, James G. Wilson Nov 1993

The Role Of Public Opinion In Constitutional Interpretation, James G. Wilson

BYU Law Review

No abstract provided.