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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.


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.


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.


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.


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.


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.


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 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.


"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.


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 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.