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Full-Text Articles in Courts

Fixing The Constable's Blunder: Can One Trial Judge In One County In One State Nudge A Nation Beyond The Exclusionary Rule?, H. Mitchell Caldwell Mar 2006

Fixing The Constable's Blunder: Can One Trial Judge In One County In One State Nudge A Nation Beyond The Exclusionary Rule?, H. Mitchell Caldwell

BYU Law Review

No abstract provided.


Tribunals Organized To Convict: Searching For A Lesser Evil In The Capital Juror Death-Qualification Process In United States V. Green, Richard Salgado May 2005

Tribunals Organized To Convict: Searching For A Lesser Evil In The Capital Juror Death-Qualification Process In United States V. Green, Richard Salgado

BYU Law Review

No abstract provided.


When Does A Party Prevail?: A Proposed "Third-Circuit-Plus" Test For Judicial Imprimatur, Matthew B. Tenney May 2005

When Does A Party Prevail?: A Proposed "Third-Circuit-Plus" Test For Judicial Imprimatur, Matthew B. Tenney

BYU Law Review

No abstract provided.


Reconsidering Absolute Prosecutorial Immunity, Margaret Z. Johns Mar 2005

Reconsidering Absolute Prosecutorial Immunity, Margaret Z. Johns

BYU Law Review

No abstract provided.


Reconsidering The Constitutionality Of Federal Sentencing Guidelines After Blakely: A Former Commissioner's Perspective, Michael Goldsmith Sep 2004

Reconsidering The Constitutionality Of Federal Sentencing Guidelines After Blakely: A Former Commissioner's Perspective, Michael Goldsmith

BYU Law Review

No abstract provided.


The Supreme Court's Rhetorical Hostility: What Is "Hostile" To Religion Under The Establishment Clause?, Frank S. Ravitch Sep 2004

The Supreme Court's Rhetorical Hostility: What Is "Hostile" To Religion Under The Establishment Clause?, Frank S. Ravitch

BYU Law Review

No abstract provided.


An Open Question In Utah's Open Courts Jurisprudence: The Utah Wrongful Life Act And Wood V. University Of Utah Medical Center, Glenn E. Roper May 2004

An Open Question In Utah's Open Courts Jurisprudence: The Utah Wrongful Life Act And Wood V. University Of Utah Medical Center, Glenn E. Roper

BYU Law Review

No abstract provided.


A Proposed Solution To Jury Confusion In Patent Infringement Cases Involving Means-Plus-Function Claims, Tony Caliendo Mar 2004

A Proposed Solution To Jury Confusion In Patent Infringement Cases Involving Means-Plus-Function Claims, Tony Caliendo

BYU Law Review

No abstract provided.


Compounding The Countermajoritarian Difficulty Through "Plaintiff's Diplomacy": Can The International Criminal Court Provide A Solution?, John B. Fowles Sep 2003

Compounding The Countermajoritarian Difficulty Through "Plaintiff's Diplomacy": Can The International Criminal Court Provide A Solution?, John B. Fowles

BYU Law Review

No abstract provided.


Advisory Juries And Their Use And Misuse In Federal Tort Claims Act Cases, Matthew L. Zabel Mar 2003

Advisory Juries And Their Use And Misuse In Federal Tort Claims Act Cases, Matthew L. Zabel

BYU Law Review

No abstract provided.


Intervening In The Case (Or Controversy): Article Iii Standing, Rule 24 Intervention, And The Conflict In The Federal Courts, Tyler R. Stradling, Doyle S. Byers Mar 2003

Intervening In The Case (Or Controversy): Article Iii Standing, Rule 24 Intervention, And The Conflict In The Federal Courts, Tyler R. Stradling, Doyle S. Byers

BYU Law Review

No abstract provided.


Single-Sex "Marriage": The Role Of The Courts, Lino A. Graglia Sep 2001

Single-Sex "Marriage": The Role Of The Courts, Lino A. Graglia

BYU Law Review

No abstract provided.


Balancing "Parents Are" And "Parents Do" In The Supreme Court's Constitutionalized Family Law: Some Implications For The Ali Proposals On De Facto Parenthood, David M. Wagner Sep 2001

Balancing "Parents Are" And "Parents Do" In The Supreme Court's Constitutionalized Family Law: Some Implications For The Ali Proposals On De Facto Parenthood, David M. Wagner

BYU Law Review

No abstract provided.


Perspectives On Freedom Of Conscience And Religion In The Jurisprudence Of Constitutional Courts, Leszek Lech Garlicki May 2001

Perspectives On Freedom Of Conscience And Religion In The Jurisprudence Of Constitutional Courts, Leszek Lech Garlicki

BYU Law Review

No abstract provided.


Freedom Of Religion In The Case Law Of The Spanish Constitutional Court, Javier Martinez-Torron May 2001

Freedom Of Religion In The Case Law Of The Spanish Constitutional Court, Javier Martinez-Torron

BYU Law Review

No abstract provided.


Perspectives On Religious Freedom Fiom The Vantage Point Of The European Court Of Human Rights, Willi Fuhrmann Sep 2000

Perspectives On Religious Freedom Fiom The Vantage Point Of The European Court Of Human Rights, Willi Fuhrmann

BYU Law Review

No abstract provided.


Collective Rights Adjudication In U.S. Courts: Enforcing Human Rights At The Corporate Level, Kathryn L. Boyd Nov 1999

Collective Rights Adjudication In U.S. Courts: Enforcing Human Rights At The Corporate Level, Kathryn L. Boyd

BYU Law Review

No abstract provided.


Humenansky V. Regents Of The University Of Minnesota: Questioning Congressional Intent And Authority To Abrogate Eleventh Amendment Immunity With The Adea, Eric Hunter Sep 1999

Humenansky V. Regents Of The University Of Minnesota: Questioning Congressional Intent And Authority To Abrogate Eleventh Amendment Immunity With The Adea, Eric Hunter

BYU Law Review

No abstract provided.


Secularism And The Supreme Court, George W. Dent Jr. Mar 1999

Secularism And The Supreme Court, George W. Dent Jr.

BYU Law Review

No abstract provided.


Rescuing Multidistrict Litigation From The Altar Of Expediency, Carter G. Phillips, Gene C. Schaerr, Anil K. Abraham Nov 1997

Rescuing Multidistrict Litigation From The Altar Of Expediency, Carter G. Phillips, Gene C. Schaerr, Anil K. Abraham

BYU Law Review

No abstract provided.


Congressional Power Over Federal Court Jurisdiction: A Defense Of The Neo-Federalist Interpretation Of Article Iil, Robert J. Pushaw Jr. Nov 1997

Congressional Power Over Federal Court Jurisdiction: A Defense Of The Neo-Federalist Interpretation Of Article Iil, Robert J. Pushaw Jr.

BYU Law Review

No abstract provided.


Trail Mountain Coal Co. V. Utah Division Of State Lands & Forestry: Can States Retroactively Alter Their Own Contractual Obligations?, Michael S. Lee Nov 1997

Trail Mountain Coal Co. V. Utah Division Of State Lands & Forestry: Can States Retroactively Alter Their Own Contractual Obligations?, Michael S. Lee

BYU Law Review

No abstract provided.


Erie Awry: A Comment On Gasperini V. Center For Humanities, Inc., C. Douglas Floyd May 1997

Erie Awry: A Comment On Gasperini V. Center For Humanities, Inc., C. Douglas Floyd

BYU Law Review

No abstract provided.


Extending The Due Process Clause To Prevent A Previously Recused Judge From Later Attempting To Affect The Case From Which He Was Recused, S. Matthew Cook May 1997

Extending The Due Process Clause To Prevent A Previously Recused Judge From Later Attempting To Affect The Case From Which He Was Recused, S. Matthew Cook

BYU Law Review

No abstract provided.


Nkacoang U. Ins: A Complementary Theory For Denying Reinstatement Of Voluntary Departure, Richard Cameron Blake Mar 1997

Nkacoang U. Ins: A Complementary Theory For Denying Reinstatement Of Voluntary Departure, Richard Cameron Blake

BYU Law Review

No abstract provided.


The Foreign Amici Dilemma, Stephen A. Plass Nov 1995

The Foreign Amici Dilemma, Stephen A. Plass

BYU Law Review

No abstract provided.


The Ali's Complex Litigation Project And Federal-To-State Consolidation: A Due Process Analysis Of Granting To State Courts Nationwide Personal Jurisdiction, Deborah Dunn Sep 1995

The Ali's Complex Litigation Project And Federal-To-State Consolidation: A Due Process Analysis Of Granting To State Courts Nationwide Personal Jurisdiction, Deborah Dunn

BYU Law Review

No abstract provided.


Arthur Miller's Death Of A Doctrine Or Will The Federal Courts Abstain From Abstaining? The Complex Litigation Recommendations' Impact On The Abstention Doctrine, William A. Calhoun Ii Sep 1995

Arthur Miller's Death Of A Doctrine Or Will The Federal Courts Abstain From Abstaining? The Complex Litigation Recommendations' Impact On The Abstention Doctrine, William A. Calhoun Ii

BYU Law Review

No abstract provided.


The Sky Is Falling-The Ali's Efficient Response To Courts In Crisis?, Christine Gail Clark Sep 1995

The Sky Is Falling-The Ali's Efficient Response To Courts In Crisis?, Christine Gail Clark

BYU Law Review

No abstract provided.


The Power Of Congress Over Courts In N Onfederal Cases, Louise Weinberg Sep 1995

The Power Of Congress Over Courts In N Onfederal Cases, Louise Weinberg

BYU Law Review

No abstract provided.