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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
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
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
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
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
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
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
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
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
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
Clark Memorandum: Spring 2009, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School
The Clark Memorandum
- Lawyers and the Rule of Law (James D. Gordon III)
- The Truth About Media Subpoenas (RonNell Anderson Jones)
- A Mother's Pace (Gwyn Goodson McNeal)
- Liberty, Civility, and Professionalism (Ming W. Chin)
- Leaders and Learning (Kim B. Clark)
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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.