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Social and Behavioral Sciences Commons

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Articles 1 - 30 of 36

Full-Text Articles in Social and Behavioral Sciences

The Death Of Deference And The Domestication Of Treaty Law, Harlan Grant Cohen Dec 2015

The Death Of Deference And The Domestication Of Treaty Law, Harlan Grant Cohen

BYU Law Review

No abstract provided.


Four Problems With The Draft Restatement’S Treatment Of Treaty Self-Execution, Carlos Manuel Vázquez Dec 2015

Four Problems With The Draft Restatement’S Treatment Of Treaty Self-Execution, Carlos Manuel Vázquez

BYU Law Review

No abstract provided.


A New Imperialism? Evaluating Russia’S Acquisition Of Crimea In The Context Of National And International Law, Trevor Mcdougal Dec 2015

A New Imperialism? Evaluating Russia’S Acquisition Of Crimea In The Context Of National And International Law, Trevor Mcdougal

BYU Law Review

No abstract provided.


Taming Madison’S Monster: How To Fix Self-Execution Doctrine, David L. Sloss Dec 2015

Taming Madison’S Monster: How To Fix Self-Execution Doctrine, David L. Sloss

BYU Law Review

No abstract provided.


What Should The Restatement (Fourth) Say About Treaty Interpretation?, Jean Galbraith Dec 2015

What Should The Restatement (Fourth) Say About Treaty Interpretation?, Jean Galbraith

BYU Law Review

The Restatement (Second) and Restatement (Third) of the Foreign Relations Law took notably different approaches to treaty interpretation, reflecting intervening changes in the legal landscape. This symposium contribution identifies five developments in international and domestic law since the Restatement (Third). It then considers their import for the forthcoming Restatement (Fourth). Most importantly, it argues that the Restatement (Fourth) should fully incorporate two articles on treaty interpretation from the Vienna Convention on the Law of Treaties into its black-letter provisions. Since the time of the Restatement (Third), these articles have become central to international practice on treaty interpretation, and the principles …


A Textual Approach To Treaty Non-Self-Execution, Michael D. Ramsey Dec 2015

A Textual Approach To Treaty Non-Self-Execution, Michael D. Ramsey

BYU Law Review

No abstract provided.


Treaties And The Presumption Against Preemption, David H. Moore Dec 2015

Treaties And The Presumption Against Preemption, David H. Moore

BYU Law Review

No abstract provided.


The Political Theory Of Treaties In The Restatements Of Foreign Relations Law, John T. Parry Dec 2015

The Political Theory Of Treaties In The Restatements Of Foreign Relations Law, John T. Parry

BYU Law Review

No abstract provided.


The Proposed Restatement (Fourth) Of The Foreign Relations Law Of The United States: Treaties—Some Serious Procedural And Substantive Concerns, Leila Nadya Sadat Dec 2015

The Proposed Restatement (Fourth) Of The Foreign Relations Law Of The United States: Treaties—Some Serious Procedural And Substantive Concerns, Leila Nadya Sadat

BYU Law Review

No abstract provided.


Constraining Charming Betsy: Textual Ambiguity As A Predicate To Applying The Charming Betsy Doctrine, Andrew H. Bean Dec 2015

Constraining Charming Betsy: Textual Ambiguity As A Predicate To Applying The Charming Betsy Doctrine, Andrew H. Bean

BYU Law Review

No abstract provided.


Mary Wollstonecraft On Reason, Marriage, Family Life, And The Development Of Virtue In A Vindication Of The Rights Of Woman, Paul E. Kerry Dec 2015

Mary Wollstonecraft On Reason, Marriage, Family Life, And The Development Of Virtue In A Vindication Of The Rights Of Woman, Paul E. Kerry

Brigham Young University Journal of Public Law

No abstract provided.


Before There Were Mouseholes: Resurrecting The Non-Delegation Doctrine, Joel Hood Dec 2015

Before There Were Mouseholes: Resurrecting The Non-Delegation Doctrine, Joel Hood

Brigham Young University Journal of Public Law

No abstract provided.


The Social Relations Of Consumption: Corporate Law And The Meaning Of Consumer Culture, David G. Yosifon Nov 2015

The Social Relations Of Consumption: Corporate Law And The Meaning Of Consumer Culture, David G. Yosifon

BYU Law Review

A mature assessment of the society we are making for ourselves, and the legacy we are leaving to the future, must come to terms with consumer culture. Theoretical discourse, as well as common experience, betray persistent ambiguity about what consumerism means to and says about us. In this Article, I argue that this ambiguity can in part be explained by examining the social relations of consumption in contemporary society. These involve, crucially, the relationship between producer and consumer that is dictated by corporate governance law, and embodied in the decision-making dynamics of the directors who command corporate operations. The enigmatic …


Hands Up At Home: Militarized Masculinity And Police Officers Who Commit Intimate Partner Abuse, Leigh Goodmark Nov 2015

Hands Up At Home: Militarized Masculinity And Police Officers Who Commit Intimate Partner Abuse, Leigh Goodmark

BYU Law Review

The deaths of Michael Brown and Eric Garner and the almost daily news stories about abusive and violent police conduct are currently prompting questions about the appropriate use of force by police officers. Moreover, the history of police brutality directed towards women is well-documented. Most of that literature, however, captures the violence that police do in their public capacity as officers of the state. This Article examines the violence and abuse perpetrated by police in their private lives, against their intimate partners. Although the public and private overlap, the power and training provided to police officers by the state makes …


The State Of The States: The Continuing Struggle To Criminalize Revenge Porn, Justin Pitcher Nov 2015

The State Of The States: The Continuing Struggle To Criminalize Revenge Porn, Justin Pitcher

BYU Law Review

No abstract provided.


How To Incite Crime With Words: Clarifying Brandenburg’S Incitement Test With Speech Act Theory, Bradley J. Pew Oct 2015

How To Incite Crime With Words: Clarifying Brandenburg’S Incitement Test With Speech Act Theory, Bradley J. Pew

BYU Law Review

No abstract provided.


Mass Crimes Adjudication In Indonesia: Learning From The Cambodian Example, Renée Harrison Aug 2015

Mass Crimes Adjudication In Indonesia: Learning From The Cambodian Example, Renée Harrison

Brigham Young University International Law & Management Review

No abstract provided.


United Nations Arms Trade Treaty: Russia's Justifications For Abstention And The Treaty's Effectiveness In Application, Joshua D. Sorenson Aug 2015

United Nations Arms Trade Treaty: Russia's Justifications For Abstention And The Treaty's Effectiveness In Application, Joshua D. Sorenson

Brigham Young University International Law & Management Review

No abstract provided.


The Key To Equality: Why We Must Prioritize Summer Learning To Narrow The Socioeconomic Achievement Gap, Simon Leefatt Aug 2015

The Key To Equality: Why We Must Prioritize Summer Learning To Narrow The Socioeconomic Achievement Gap, Simon Leefatt

Brigham Young University Education and Law Journal

No abstract provided.


An Emerging International Norm For Non-Governmental Organizations, Stephanie Cotton-Betteridge Aug 2015

An Emerging International Norm For Non-Governmental Organizations, Stephanie Cotton-Betteridge

Brigham Young University International Law & Management Review

No abstract provided.


Establishing Russia's Responsibility For Cyber-Crime Based On Its Hacker Culture, Trevor Mcdougal Aug 2015

Establishing Russia's Responsibility For Cyber-Crime Based On Its Hacker Culture, Trevor Mcdougal

Brigham Young University International Law & Management Review

No abstract provided.


Working Toward World Peace In Non-International Armed Conflict: In A World Of Uncertainty, Terrorism, And Disagreements, Is It Ossible?, Victoria Carlton Aug 2015

Working Toward World Peace In Non-International Armed Conflict: In A World Of Uncertainty, Terrorism, And Disagreements, Is It Ossible?, Victoria Carlton

Brigham Young University International Law & Management Review

No abstract provided.


I Now Pronounce You Husband And Wives: The Case For Polygamous Marriage After United States V. Windsor And Burwell V. Hobby Lobby Stores, Peter Nash Swisher Jun 2015

I Now Pronounce You Husband And Wives: The Case For Polygamous Marriage After United States V. Windsor And Burwell V. Hobby Lobby Stores, Peter Nash Swisher

Brigham Young University Journal of Public Law

No abstract provided.


A Prospective Analysis Of Family Fragmentation: Baby Mama Drama Meets Jane Austen, Lynne Marie Kohm Jun 2015

A Prospective Analysis Of Family Fragmentation: Baby Mama Drama Meets Jane Austen, Lynne Marie Kohm

Brigham Young University Journal of Public Law

No abstract provided.


The Future Of Justic Scalia's Predictions Of Family Law Doom, Robert E. Rains Jun 2015

The Future Of Justic Scalia's Predictions Of Family Law Doom, Robert E. Rains

Brigham Young University Journal of Public Law

No abstract provided.


The Law's Duty To Promote The Kinship System: Implications For Assisted Reproductive Techniqes And For Proposed Redefinition Of Familial Relations, Scott Fitzgibbon Jun 2015

The Law's Duty To Promote The Kinship System: Implications For Assisted Reproductive Techniqes And For Proposed Redefinition Of Familial Relations, Scott Fitzgibbon

Brigham Young University Journal of Public Law

No abstract provided.


"Family Cycles" And The Future Of Family Law, Allan Carlson Jun 2015

"Family Cycles" And The Future Of Family Law, Allan Carlson

Brigham Young University Journal of Public Law

No abstract provided.


Justice Deferred Is Justice Denied: We Must End Our Failed Experiment In Deferring Corporate Criminal Prosecutions, Peter R. Reilly Mar 2015

Justice Deferred Is Justice Denied: We Must End Our Failed Experiment In Deferring Corporate Criminal Prosecutions, Peter R. Reilly

BYU Law Review

According to the U.S. Department of Justice, deferred prosecution agreements are said to occupy an “important middle ground” between declining to prosecute on the one hand, and trials or guilty pleas on the other. A top DOJ official has declared that over the last decade, the agreements have become a “mainstay” of white collar criminal law enforcement; a prominent criminal law professor calls their increased use part of the “biggest change in corporate law enforcement policy in the last ten years.”

However, despite deferred prosecution’s apparent rise in popularity among law enforcement officials, this Article sets forth the argument that …


Imprisonment Inertia And Public Attitudes Toward "Truth In Sentencing", Michael O'Hear, Darren Wheelock Mar 2015

Imprisonment Inertia And Public Attitudes Toward "Truth In Sentencing", Michael O'Hear, Darren Wheelock

BYU Law Review

No abstract provided.


Criminalizing Non-Evacuation Behavior: Unintended Consequences And Undesirable Results, Brandon Curtis Mar 2015

Criminalizing Non-Evacuation Behavior: Unintended Consequences And Undesirable Results, Brandon Curtis

BYU Law Review

No abstract provided.