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Brigham Young University

Law

Articles 1 - 7 of 7

Full-Text Articles in Social and Behavioral Sciences

Book Review: Katell Berthelot. Jews And Their Roman Rivals: Pagan Rome’S Challenge To Israel, Joseph Drew Mar 2023

Book Review: Katell Berthelot. Jews And Their Roman Rivals: Pagan Rome’S Challenge To Israel, Joseph Drew

Comparative Civilizations Review

This is a magisterial work, one which sets high the bar in the comparative study of civilizations. In it, Prof. Katell Berthelot covers the sweep of 600 years, from the second century, BCE, to the fourth century, CE, as she analyzes the extensive impact of Rome on Jewish ideas of law, religion, and peoplehood and, secondarily, the corresponding impact of their rivals, the Jews, on Roman society and history.

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The Effect Of Selection Process On Judicial Behavior, Grant Baldwin Mar 2021

The Effect Of Selection Process On Judicial Behavior, Grant Baldwin

Student Works

Does the judicial selection process affect judicial behavior? In this paper I argue that the judicial selection process does affect the behavior and the character of the judiciary. Specifically, I argue that judges that are selected by executives in systems where no accountability to the people is present will mirror the ideological views of the executive in making their judicial decisions. I also argue that the competitive nature of elections influences judges to be more responsive to public opinion than those held accountable on non-competitive retention ballots. Lastly, I argue that judges that are elected or retained on non-partisan ballots …

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Northwest Immigrant Rights Project, Jorge Baron, Maria Kolby-Wolfe, Kristen Smith Dayley, Twila Bird, Tsos Nov 2019

Northwest Immigrant Rights Project, Jorge Baron, Maria Kolby-Wolfe, Kristen Smith Dayley, Twila Bird, Tsos

TSOS Interview Gallery

The Northwest Immigrant Rights Program has been around for 35 years, started in 1984 specifically to help Central American refugees during the mid-1980s, when they were fleeing civil wars. A pro-bono group of attorneys performing "direct legal representation", helping low income community members who are navigating different aspects of the immigration system. NWIRP also engages in "systemic advocacy" which attempts to change systems and policies revolving around asylum and immigration rights.

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Reclaiming The Black Personhood: The Power Of The Hip-Hop Narrative In Mainstream Rap, Morgan Klatskin Apr 2018

Reclaiming The Black Personhood: The Power Of The Hip-Hop Narrative In Mainstream Rap, Morgan Klatskin

Criterion: A Journal of Literary Criticism

Hip hop, as a cultural phenomenon, leverages rap as a narrative form in periods of acutely visible political unrest in the Black American community to combat pejorative narratives of Black America as revealed in the American criminal justice system’s treatment of Black Americans. Hip-hop themes were prevalent in golden-age rap of the 1980s in response Regan-era war-on-drugs policy, which severely disadvantaged the Black community and devalued the Black personhood. Hip hop used narrative to reclaim the Black personhood while it served to encourage political involvement in the Black community, urging Blacks to participate in rewriting the narrative of Black America. …

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Characteristics Of Contemporary Gag Order Requests In Media Law Reporter Volumes 19 Through 33, Brad Leavitt Clark Jul 2009

Characteristics Of Contemporary Gag Order Requests In Media Law Reporter Volumes 19 Through 33, Brad Leavitt Clark

Theses and Dissertations

The conflict between the First Amendment and the Sixth Amendment is not new nor is it easily decipherable. Both amendments appear to have absolute priority, yet they appear to conflict (Erickson, 1977). The First Amendment declares unequivocally, "Congress shall make no law...abridging the freedom of speech, or of the press[,]" while the Sixth Amendment states with equal force, "In all criminal prosecutions, the accused shall enjoy the right to a speedy public trial, by an impartial jury of the state and district wherein the crime shall have been committed..." (U.S. Constitution, Amendment I, Amendment VI). Free speech and an unrestricted …

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The Spirit In The Law Podcast: Testing The Democratization And Audience Behavior Of New Media Broadcasting, Scott Lin Lunt Mar 2007

The Spirit In The Law Podcast: Testing The Democratization And Audience Behavior Of New Media Broadcasting, Scott Lin Lunt

Theses and Dissertations

This project summary presents the details of a podcast project conducted from April to December of 2006. The project consisted of the creation of a new Internet-based audio interview show entitled Spirit In The Law. The interviews were delivered to listeners who requested the shows via the Internet, and were available to a targeted audience of law students in the United States and abroad. The show featured interviews with 20 notable attorneys and professionals who answered questions regarding spiritual values in their professional practice. The project was informed by two theoretical frameworks: New Media theory and Situational Theory of Publics. …

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Morality And The Rule Of Law, Noel B. Reynolds May 1986

Morality And The Rule Of Law, Noel B. Reynolds

Faculty Publications

This paper lays out the logic of a conservative view of liberty and morality based on an understanding of human nature as both social and rational on the one hand, and radically individual and self-seeking on the other. Without public virtue, a people cannot govern itself as a free people. But neither virtue nor moral truth can be legislated. The rule of law under constitutionalism is the most successful human arrangement for providing freedom and allowing moral action on the part of individuals.

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