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Brigham Young University Law School

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Articles 61 - 90 of 259

Full-Text Articles in Courts

Cameras In The Courtroom In The Twenty-First Century: The U.S. Supreme Court Learning From Abroad?, Kyu Ho Youm Dec 2012

Cameras In The Courtroom In The Twenty-First Century: The U.S. Supreme Court Learning From Abroad?, Kyu Ho Youm

BYU Law Review

No abstract provided.


Originalism And Loving V. Virginia, Steven G. Calabresi, Andrea Matthews Dec 2012

Originalism And Loving V. Virginia, Steven G. Calabresi, Andrea Matthews

BYU Law Review

No abstract provided.


Repudiating The Narrow Rule In Capital Sentencing, Scott W. Howe Dec 2012

Repudiating The Narrow Rule In Capital Sentencing, Scott W. Howe

BYU Law Review

This Article proposes a modest reform of Eighth Amendment law governing capital sentencing to spur major reform in the understanding of the function of the doctrine. The Article urges the Supreme Court to renounce a largely empty mandate known as the “narrowing” rule and the rhetoric of equality that has accompanied it. By doing so, the Court could speak more truthfully about the important but more limited function that its capital-sentencing doctrine actually pursues, which is to ensure that no person receives the death penalty who does not deserve it. The Court could also speak more candidly than it has …


Implicit Balancing In The Adjudication Of Criminal Law, Aaron Arnson Sep 2012

Implicit Balancing In The Adjudication Of Criminal Law, Aaron Arnson

BYU Law Review

No abstract provided.


Mohamed V. Jeppesen Dataplan, Inc.: The Ninth Circuit Sends The Totten Bar Flying Away On The Jeppesen Airplane, Michael Q. Cannon May 2012

Mohamed V. Jeppesen Dataplan, Inc.: The Ninth Circuit Sends The Totten Bar Flying Away On The Jeppesen Airplane, Michael Q. Cannon

BYU Law Review

No abstract provided.


Judicial Takings In Vandevere V. Lloyd, Cory S. Clements May 2012

Judicial Takings In Vandevere V. Lloyd, Cory S. Clements

BYU Law Review

No abstract provided.


Marriage, Fundamental Premises, And The California, Connecticut, And Iowa Supreme Courts, Monte Neil Stewart, Jacob D. Briggs, Julie Slater Mar 2012

Marriage, Fundamental Premises, And The California, Connecticut, And Iowa Supreme Courts, Monte Neil Stewart, Jacob D. Briggs, Julie Slater

BYU Law Review

The highest courts in California, Connecticut, and Iowa recently held that the constitutional norm of equality requires the redefinition of marriage from “the union of a man and a woman” to “the union of any two persons.” The argument leading to that holding, like all arguments, proceeds from premises that the argument does not prove but that serve as the starting point for reasoning. Those premises range from the nature of contemporary American marriage to the equivalence of the pre- and post-redefinition marriage institutions, to the social costs, if any, resulting from redefinition, and to marriage’s relationship with other social …


Preventing Divisiveness: The Ninth Circuit Upholds The 1954 Pledge Amendment In Newdow V. Rio Linda Union School District, Devin Snow Sep 2011

Preventing Divisiveness: The Ninth Circuit Upholds The 1954 Pledge Amendment In Newdow V. Rio Linda Union School District, Devin Snow

BYU Law Review

No abstract provided.


Chinese Judicial Culture: From Tradition To Modernity, Shen Deyong Jul 2011

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.


Reaping The Benefits Of Class Cerification: How And When Should "Significant Proof" Be Required Post-Dukes?, Julie Slater May 2011

Reaping The Benefits Of Class Cerification: How And When Should "Significant Proof" Be Required Post-Dukes?, Julie Slater

BYU Law Review

No abstract provided.


Clark Memorandum: Spring 2011, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School Apr 2011

Clark Memorandum: Spring 2011, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School

The Clark Memorandum


Distilling Ashcroft: The Ninth Circuit’S Application Of National Community Standards To Internet Obscenity In United States V. Kilbride, Eric B. Ashcroft Mar 2011

Distilling Ashcroft: The Ninth Circuit’S Application Of National Community Standards To Internet Obscenity In United States V. Kilbride, Eric B. Ashcroft

BYU Law Review

No abstract provided.


Replacing Context For Plain Meaning In United States V. Cox Nov 2010

Replacing Context For Plain Meaning In United States V. Cox

BYU Law Review

No abstract provided.


But What If The Court Reporter Is Lying? The Right To Confront Hidden Declarants Found In Transcripts Of Former Testimony, Peter Nicolas Nov 2010

But What If The Court Reporter Is Lying? The Right To Confront Hidden Declarants Found In Transcripts Of Former Testimony, Peter Nicolas

BYU Law Review

No abstract provided.


Saving Stare Decisis: Preclusion, Precedent, And Procedural Due Process, Max Minzner May 2010

Saving Stare Decisis: Preclusion, Precedent, And Procedural Due Process, Max Minzner

BYU Law Review

No abstract provided.


Bombed Away: How The Second Circuit Destroyed Fourth Amendment Rights Of U.S. Citizens Abroad, Carla Crandall May 2010

Bombed Away: How The Second Circuit Destroyed Fourth Amendment Rights Of U.S. Citizens Abroad, Carla Crandall

BYU Law Review

No abstract provided.


Selman And Kitzmiller And The Imposition Of Darwinian Orthodoxy, Robert J. D'Agostino Mar 2010

Selman And Kitzmiller And The Imposition Of Darwinian Orthodoxy, Robert J. D'Agostino

Brigham Young University Education and Law Journal

No abstract provided.


Introduction To The First Annual Survey Of The Ninth And Tenth Circuits Mar 2010

Introduction To The First Annual Survey Of The Ninth And Tenth Circuits

BYU Law Review

No abstract provided.


Victory For Clergy Sexual Abuse Victims: The Ninth Circuit Strips The Holy See Of Foreign Sovereign Victory For Clergy Sexual Abuse Victims: The Ninth Circuit Strips The Holy See Of Foreign Sovereign Immunity In Doe V. Holy See, Edan Burkett Mar 2010

Victory For Clergy Sexual Abuse Victims: The Ninth Circuit Strips The Holy See Of Foreign Sovereign Victory For Clergy Sexual Abuse Victims: The Ninth Circuit Strips The Holy See Of Foreign Sovereign Immunity In Doe V. Holy See, Edan Burkett

BYU Law Review

No abstract provided.


Lopez-Rodriguez V. Mukasey: The Ninth Circuit’S Expansion Of The Exclusionary Rule In Immigration Hearings Contradicts The Supreme Court’S Lopezmendoza Decision, Eric W. Clarke Mar 2010

Lopez-Rodriguez V. Mukasey: The Ninth Circuit’S Expansion Of The Exclusionary Rule In Immigration Hearings Contradicts The Supreme Court’S Lopezmendoza Decision, Eric W. Clarke

BYU Law Review

No abstract provided.


Catholic League For Religious And Civil Rights V. City Of San Francisco: How The Ninth Circuit Abandoned Judicial Neutrality To Strike A Blow At Religion , Jonathan W. Heaton Mar 2010

Catholic League For Religious And Civil Rights V. City Of San Francisco: How The Ninth Circuit Abandoned Judicial Neutrality To Strike A Blow At Religion , Jonathan W. Heaton

BYU Law Review

No abstract provided.


Torture And Public Policy: Mohamed V. Jeppesen Dataplan, Inc., Allows “Extraordinary Rendition” Victims To Litigate Around State Secrets Doctrine , Michael P. Jensen Mar 2010

Torture And Public Policy: Mohamed V. Jeppesen Dataplan, Inc., Allows “Extraordinary Rendition” Victims To Litigate Around State Secrets Doctrine , Michael P. Jensen

BYU Law Review

No abstract provided.


Golden Gate And The Ninth Circuit’S Threat To Erisa’S Uniformity And Jurisprudence , Landon Wade Magnusson Mar 2010

Golden Gate And The Ninth Circuit’S Threat To Erisa’S Uniformity And Jurisprudence , Landon Wade Magnusson

BYU Law Review

No abstract provided.


United States V. Mccane: Judge Tymkovich Questions Heller’S Disarming Dicta, Stephen C. Mouritsen Mar 2010

United States V. Mccane: Judge Tymkovich Questions Heller’S Disarming Dicta, Stephen C. Mouritsen

BYU Law Review

No abstract provided.


How The Tenth Circuit’S Ruling In Martinez V. Beggs Affects The Deliberate Indifference Standard For Eighth Amendment Claims, Chad Olsen Mar 2010

How The Tenth Circuit’S Ruling In Martinez V. Beggs Affects The Deliberate Indifference Standard For Eighth Amendment Claims, Chad Olsen

BYU Law Review

No abstract provided.


In Re Williams Securities Litigation—Wcg Subclass: How Dura Met Daubert, Bryan L. Phipps Mar 2010

In Re Williams Securities Litigation—Wcg Subclass: How Dura Met Daubert, Bryan L. Phipps

BYU Law Review

No abstract provided.


Juror Testimony Of Racial Bias In Jury Deliberations: United States V. Benally And The Obstacle Of Federal Rule Of Evidence 606(B) , Brandon C. Pond Mar 2010

Juror Testimony Of Racial Bias In Jury Deliberations: United States V. Benally And The Obstacle Of Federal Rule Of Evidence 606(B) , Brandon C. Pond

BYU Law Review

No abstract provided.


Remedial And Coercive Administrative Proceedings Under Younger: The Tenth Circuit’S Test In Brown V. Day, Taylor G. Selim Mar 2010

Remedial And Coercive Administrative Proceedings Under Younger: The Tenth Circuit’S Test In Brown V. Day, Taylor G. Selim

BYU Law Review

No abstract provided.


Opening The Rule 10b-5 Floodgates: Ninth Circuit Split In Gilead Sciences Leaves The Loss Causation Pleading Standard In Limbo , Brandon J. Stoker Mar 2010

Opening The Rule 10b-5 Floodgates: Ninth Circuit Split In Gilead Sciences Leaves The Loss Causation Pleading Standard In Limbo , Brandon J. Stoker

BYU Law Review

No abstract provided.


When The “Hard Look” Is Soft: Reconciling Center For Biological Diversity V. Department Of The Interior Within Ninth Circuit Environmental Precedent, Dustin M. Glazier Mar 2010

When The “Hard Look” Is Soft: Reconciling Center For Biological Diversity V. Department Of The Interior Within Ninth Circuit Environmental Precedent, Dustin M. Glazier

BYU Law Review

No abstract provided.