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Brigham Young University Law School

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Articles 91 - 120 of 259

Full-Text Articles in Courts

Failure To Yield: How Wecht Might Ruin The Right To A Fair Trial , Landon Wade Magnusson Mar 2010

Failure To Yield: How Wecht Might Ruin The Right To A Fair Trial , Landon Wade Magnusson

BYU Law Review

No abstract provided.


Prosper Team, Inc. V. Workforce Appeals Board, Department Of Workforce Services, And Matt Davis : Brief Of Petitioner, Utah Court Of Appeals Jan 2010

Prosper Team, Inc. V. Workforce Appeals Board, Department Of Workforce Services, And Matt Davis : Brief Of Petitioner, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

PETITION FOR REVIEW FROM THE SEPTEMBER 30, 2010 DECISION OF THE UTAH WORKFORCE APPEALS BOARD, DEPARTMENT OF WORKFORCE SERVICES' AWARD OF UNEMPLOYMENT BENEFITS


Do U.S. Courts Discriminate Against Treaties?: Equivalence, Duality, And Treaty Non-Self-Execution, David H. Moore Jan 2010

Do U.S. Courts Discriminate Against Treaties?: Equivalence, Duality, And Treaty Non-Self-Execution, David H. Moore

Faculty Scholarship

No abstract provided.


Close Enough For Government Work: The Committee Rulemaking Game, Paul Stancil Jan 2010

Close Enough For Government Work: The Committee Rulemaking Game, Paul Stancil

Faculty Scholarship

Procedural rules in U.S. courts often have predictable and systemic substantive consequences. Yet the vast majority of procedural rules are drafted, debated, and ultimately enacted by a committee rulemaking process substantially removed from significant legislative or executive supervision. This Article explores the dynamics of the committee rulemaking process through a game-theoretical lens. The model reveals that inferior players in the committee rulemaking game - advisory committees, the Standing Committee on Rules of Practice and Procedure, the Judicial Conference and the Supreme Court - are sometimes able to arbitrage Congressional transaction costs to obtain results at odds with the results Congress …


Boumediene V. Bush: Habeas Corpus, Exhaustion, And The Special Circumstances Exception, Brandon C. Pond Dec 2009

Boumediene V. Bush: Habeas Corpus, Exhaustion, And The Special Circumstances Exception, Brandon C. Pond

BYU Law Review

No abstract provided.


The Stigma Of Conviction: Coram Nobis, Civil Disabilities, And The Right To Clear One's Name, David Wolitz Dec 2009

The Stigma Of Conviction: Coram Nobis, Civil Disabilities, And The Right To Clear One's Name, David Wolitz

BYU Law Review

No abstract provided.


The Swinging Pendulum Of Sentencing Reform: Political Actors Regulating District Court Discretion, Lydia Brashear Tiede May 2009

The Swinging Pendulum Of Sentencing Reform: Political Actors Regulating District Court Discretion, Lydia Brashear Tiede

Brigham Young University Journal of Public Law

No abstract provided.


Ripe Standing Vines And The Jurisprudential Tasting Of Matured Legal Wines—And Law & Bananas: Property And Public Choice In The Permitting Process, Donald J. Kochan May 2009

Ripe Standing Vines And The Jurisprudential Tasting Of Matured Legal Wines—And Law & Bananas: Property And Public Choice In The Permitting Process, Donald J. Kochan

Brigham Young University Journal of Public Law

No abstract provided.


Policy, Uniformity, Discretion, And Congress’S Sentencing Acid Trip, Mark Osler May 2009

Policy, Uniformity, Discretion, And Congress’S Sentencing Acid Trip, Mark Osler

BYU Law Review

No abstract provided.


Clark Memorandum: Spring 2009, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School Apr 2009

Clark Memorandum: Spring 2009, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School

The Clark Memorandum


An Opinion Without Standards: The Supreme Court's Refusal To Adopt A Standard Of Constitutional Review In District Of Columbia V. Heller Will Likely Cause Headaches For Future Judicial Review Of Gun-Control Regulations, Ryan L. Card Mar 2009

An Opinion Without Standards: The Supreme Court's Refusal To Adopt A Standard Of Constitutional Review In District Of Columbia V. Heller Will Likely Cause Headaches For Future Judicial Review Of Gun-Control Regulations, Ryan L. Card

Brigham Young University Journal of Public Law

No abstract provided.


Locating The Mislaid Gate: Revitalizing Tinker By Repairing Judicial Overgeneralizations Of Technologically Enabled Student Speech, Kenneth R. Pike Sep 2008

Locating The Mislaid Gate: Revitalizing Tinker By Repairing Judicial Overgeneralizations Of Technologically Enabled Student Speech, Kenneth R. Pike

BYU Law Review

No abstract provided.


The Fundamental And Natural Law 'Repugnant Review' Origins Of Judicial Review: A Synergy Of Early English Corporate Law With Notions Of Fundamental And Natural Law, Lawrence Joseph Perrone May 2008

The Fundamental And Natural Law 'Repugnant Review' Origins Of Judicial Review: A Synergy Of Early English Corporate Law With Notions Of Fundamental And Natural Law, Lawrence Joseph Perrone

Brigham Young University Journal of Public Law

No abstract provided.


A Personal Jurisdiction Dilemma: Collateral Attacks On Foreign Judgments In U.S. Recognition Proceedings, J. Chad Mitchell May 2008

A Personal Jurisdiction Dilemma: Collateral Attacks On Foreign Judgments In U.S. Recognition Proceedings, J. Chad Mitchell

Brigham Young University International Law & Management Review

No abstract provided.


Actor Preference And The Implementation Of Ins V. Chadha, Darren A. Wheeler May 2008

Actor Preference And The Implementation Of Ins V. Chadha, Darren A. Wheeler

Brigham Young University Journal of Public Law

No abstract provided.


The Parcel As A Whole: A Presumptive Structural Approach For Determining When The Government Has Gone Too Far, Keith Woffinden May 2008

The Parcel As A Whole: A Presumptive Structural Approach For Determining When The Government Has Gone Too Far, Keith Woffinden

BYU Law Review

No abstract provided.


The Court's Missed Opportunity In Harper V. Poway, Andrew Canter, Gabriel Pardo Mar 2008

The Court's Missed Opportunity In Harper V. Poway, Andrew Canter, Gabriel Pardo

Brigham Young University Education and Law Journal

No abstract provided.


Cunningham V. California: The U.S. Supreme Court Painted Into A Corner, Jacob Strain Mar 2008

Cunningham V. California: The U.S. Supreme Court Painted Into A Corner, Jacob Strain

Brigham Young University Journal of Public Law

No abstract provided.


"Manifest" Destiny?: How Some Courts Have Fallaciously Come To Require A Greater Showing Of Congressional Intent For Jurisdictional Exhaustion Than They Require For Preemption, Colin Miller Mar 2008

"Manifest" Destiny?: How Some Courts Have Fallaciously Come To Require A Greater Showing Of Congressional Intent For Jurisdictional Exhaustion Than They Require For Preemption, Colin Miller

BYU Law Review

No abstract provided.


The Hague Convention On Choice Of Court Agreements: Creating An International Framework For Recognizing Foreign Judgements, Matthew B. Berlin May 2007

The Hague Convention On Choice Of Court Agreements: Creating An International Framework For Recognizing Foreign Judgements, Matthew B. Berlin

Brigham Young University International Law & Management Review

No abstract provided.


Gonzales-Lopez And Its Bright-Line Rule: Result Of Broad Judicial Philosophy Or Context-Specific Principles?, Jacob D. Briggs May 2007

Gonzales-Lopez And Its Bright-Line Rule: Result Of Broad Judicial Philosophy Or Context-Specific Principles?, Jacob D. Briggs

BYU Law Review

No abstract provided.


Who's Black, Who's Brown, And Who Cares?: A Legal Discussion Of Hernandez V. Texas, Gilbert Bradshaw Mar 2007

Who's Black, Who's Brown, And Who Cares?: A Legal Discussion Of Hernandez V. Texas, Gilbert Bradshaw

Brigham Young University Education and Law Journal

No abstract provided.


Determining Adequacy: How Courts Are Redefining State Responsibility For Educational Finance, Goals, And Accountability, Regina R. Umpstead Mar 2007

Determining Adequacy: How Courts Are Redefining State Responsibility For Educational Finance, Goals, And Accountability, Regina R. Umpstead

Brigham Young University Education and Law Journal

No abstract provided.


Who Gets Counted? Jury List Representativeness For Hispanics In Areas With Growing Hispanic Populations Under Duren V. Missouri, Stephen E. Reil Mar 2007

Who Gets Counted? Jury List Representativeness For Hispanics In Areas With Growing Hispanic Populations Under Duren V. Missouri, Stephen E. Reil

BYU Law Review

No abstract provided.


Early Panel Announcement, Settlement, And Adjudication, Samuel P. Jordan Mar 2007

Early Panel Announcement, Settlement, And Adjudication, Samuel P. Jordan

BYU Law Review

No abstract provided.


Church-State Relations In The European Court Of Human Rights, Carolyn Evans, Christopher A. Thomas Sep 2006

Church-State Relations In The European Court Of Human Rights, Carolyn Evans, Christopher A. Thomas

BYU Law Review

No abstract provided.


The Supreme Court And Same-Sex Marriage: A Prediction , Robert E. Riggs Mar 2006

The Supreme Court And Same-Sex Marriage: A Prediction , Robert E. Riggs

Brigham Young University Journal of Public Law

No abstract provided.


The Supreme Court And Affirmative Action In Public Education, With Special Reference To The Michigan Cases, Philip C. Aka Mar 2006

The Supreme Court And Affirmative Action In Public Education, With Special Reference To The Michigan Cases, Philip C. Aka

Brigham Young University Education and Law Journal

No abstract provided.


Getting It Right By Getting It Wrong: How The Supreme Court Helped Healthcare Reform By Incorrectly Applying The Standard Of Review In Pharmaceutical Research And Manufacturers Of America V. Walsh, Brian Y. Furuya Mar 2006

Getting It Right By Getting It Wrong: How The Supreme Court Helped Healthcare Reform By Incorrectly Applying The Standard Of Review In Pharmaceutical Research And Manufacturers Of America V. Walsh, Brian Y. Furuya

Brigham Young University Journal of Public Law

No abstract provided.


Cheater's Proof: Excessive Judicial Deference Toward Educational Testing Agencies May Leave Accused Examinees No Remedy To Clear Their Names, Aron E. Goldschneider Mar 2006

Cheater's Proof: Excessive Judicial Deference Toward Educational Testing Agencies May Leave Accused Examinees No Remedy To Clear Their Names, Aron E. Goldschneider

Brigham Young University Education and Law Journal

No abstract provided.