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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
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
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
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
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
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
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
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
BYU Law Review
No abstract provided.
Chinese Judicial Culture: From Tradition To Modernity, Shen Deyong
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
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
Clark Memorandum: Spring 2011, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School
The Clark Memorandum
- Law and Becoming (Elder D. Todd Christofferson)
- Ambiguity in Law and in Life (Elder Bruce C. Hafen)
- "Serve God, Love Me, and Mend" (Annette W. Jarvis)
- Do U.S. Courts Discriminate Against Treaties? (David H. Moore)
Distilling Ashcroft: The Ninth Circuit’S Application Of National Community Standards To Internet Obscenity In United States V. Kilbride, Eric B. Ashcroft
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
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
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
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
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
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
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
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
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
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
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
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
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
BYU Law Review
No abstract provided.
In Re Williams Securities Litigation—Wcg Subclass: How Dura Met Daubert, Bryan L. Phipps
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
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
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
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
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.