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BYU Law Library
BYU Law Digital Commons Brigham Young University Law School

    Content Posted in 2013

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    Table of Contents, David C. Nye

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    Taiwan Re-Recognized: A Model for Taiwan's Future Global Status, Michael E. Mangelson

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    Taking a Look at the Modem Takings Clause Jurisprudence: Finding Private Property Protection Under the Federal and Utah Constitutions, David W. Tufts

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    Taking the Free Exercise Clause Seriously, Stephen Pepper

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    Talking Originalism , Andrew B. Coan

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    Tarnishment and the FTDA: Lessening the Capacity to Identify and Distinguish, Layne T. Smith

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    Tase Me One More Time: An Analysis of the Ninth Circuit’s Interpretation of the Fourth Amendment, Qualified Immunity, and Tasers in Brooks v. City of Seattle, Joseph G. Walker

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    Tatooist v. Tattoo: Separating the Service from the Constitutionally Protected Message\, Hannah H. Porter

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    Tax Apportionment of the Income of a Unitary Business: An Examination of Mobil Oil Corp. v. Commissioner of Taxes of Vermont, William D. Dexter

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    Taxation, Equal Protection, and Inquiry into the Purpose of a Law: Nordlinger v. Hahn and Allegheny Pittsburgh Coal Co. v. County Commission, Michael D. Rawlins

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    Taxation of an Attorney's Contingency Fee of a Punitive Damages Recovery: The Srivastava Approach, Benjamin C. Rasmussen

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    Tax Considerations in Structuring Foreign Investment in the United States, Thomas H. Olsen

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    Tax Deductions for Payments to Mormon Missionaries, K. C. Jensen

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    Taxes, Morals, and Legitimacy, Leo P. Martinez

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    Tax Expenditures, Social Justice, and Civil Rights: Espanding the Scope of Civil Rights Laws to Apply to Tax-Exempt Charities, David A. Brennen

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    Taxing and Tuition: A Legislative Solution to Growing Endowments and the Rising Costs of a College Degree, Matt Willie

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    Tax Policy and Health Care Reform: Rethinking the Tax Treatment of Employer-Sponsored Health Insurance, Bradley W. Joondeph

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    Tax Protestors and Penalties: Ensuring Perceived Fairness and Mitigating Systemic Costs, Danshera Cords

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    Tax Titles in Utah: Caveats for Potential Purchasers and Proposals for Change, Guy Lamoyne Black

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    Tax Treaties-Exchange of Information-Use of IRS Subpoena Power in Response to Specific Requests for Information-United States v. A.L. Burbank & Co., Kenneth S. Stewart

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    Tax Treatment of Revocable Trusts: Are They Associations Taxable as Corporations?, James F. Brown

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    Teacher Dismissal: A View from Mount Healthy, E. Gordon Gee

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    Teaching Parol Evidence, James D. Gordon III

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    Technology and Pornography, Arnold H. Loewy

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    Telephone Mnemonics and Complementary Numbers: A Review of Trademark and Unfair Competition Law and Policy, David R. McKinney

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    Tenancy by the Entirety: The Strange Career of the Common-Law Marital Estate, John V. Orth

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    Tender Offers and Bidder Access to Target Company Shareholder Lists

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    Ten Reasons to Attend Law School, C. Steven Bradford

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    Ten Years of Pena: Revisiting the Utah Mixed Question Standard of Appellate Review, Andrew Franklin Peterson

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    Terminating At-Will Employment Contracts in Utah Subsequent to Berube v. Fashion Centre, George P. Barbaresi

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    Testimony of Jesus Christ, Cecil O. Samuelson

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    Testing the Limits of the Bankruptcy Court's Exclusive Jurisdiction in Fraud Cases: Discharge vs. Criminal Restitution, Blake Atkin

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    That Land Is Your Land, This Land Is My Land … Until the Local Government Can Turn It for a Profit: A Critical Analysis of Kelo v. City of New London, Sonya D. Jones

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    The 1988 Omnibus Trade Bill: Issues and Perspectives, Paul Freedenberg

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    The 1988 Trade Act and the Effect on United States Export Controls to the People's Republic of China, John B. Geddes

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    The 1988 Trade Act-Refinement or Major Change to U.S. Trade Laws? A View from the European Community, Richard Wright

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    The 21st Century as the Century of Duties?, John W. Welch

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    The Absurd Results Doctrine, Chevron, and Climate Change, D. Wiley Barker

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    The Accountant-Client Privilege: Does it and Should it Survive the Death of the Client?, Denise P. Lindberg

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    The Advocate's Conflicting Obligations Vis-a.-Vis Adverse Medical Evidence in Social Security Proceedings, Robert E. Rains

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    The Aftermath of Agostini: Confusion Continues as the Modified Lemon Test is Applied in Helms v. Picard, Carlos Elizondo

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    The Aftermath of Crawford and Davis: Deconstructing the Sound of Silence, Kimberly D. Bailey

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    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

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    The ALI, Supplemental Jurisdiction, and the Federal Constitutional Case, C. Douglas Floyd

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    The Amateur Sports Act of 1978, James A. R. Nafziger

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    The American Balancing Act: Freedom of Speech and National Security in Wartime, Nicole Ferguson

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    The Antitrust Laws and the Rights of the Patentees: A Defense of Limited Compulsory Licensing, Brian W. Peckham

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    The Architecture of Accountability: A Case Study of the Warrantless Surveillance Program, Kathleen Clark

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    The Arrival of Judicial Review in Germany Under the Weimar Constitution of 1919, Bernd J. Hartmann

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    The Assertion of Statutory Rights Under FLSA and OSHA: Expand or Limit the Gardner-Denver Rationale, John A. Adams

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    The Attitude of Belgian Authorities Toward New Religious Movements, Adelbert Denaux

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    The Augustinian Goods of Marriage: The Disappearing Cornerstone of the American Law of Marriage, Charles J. Reid Jr.

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    The Autonomy of Church and State, Brett G. Scharffs

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    The Background and Contents of the Proposed South African Charter of Religious Rights and Freedoms, Rassie Malherbe

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    The Bankruptcy Appellate Panels: An Unfinished Experiement , Lloyd D. George

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    The Battle Rages On: An Analysis of the Debate over the Constitutional Division of War Powers, David Ward

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    The Beginning and the End of a Lawyer, Dallin H. Oaks

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    The Believer's First Amendment (Review of Separating Church and State, by Timothy L. Hall), Marcus Mumford

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    The Betrothal of the Bridegroom: What Christ Intended to Teach Church Members in New Testament Times About Covenants Before His Second Coming, Audrey Lambert

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    The Boundaries of Belonging: Allegiance, Purpose and the Definition of Marriage, Lynn D. Wardle

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    The Brady Handgun Prevention Act and the Community Protection Initiative: Legislative Responses to the Second Amendment?, Orrin G. Hatch

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    The Brand X Constitution, Richard Murphy

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    The Bureau of Indian Affairs and the Federal Trust Obligation to American Indians, Robert McCarthy

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    The Business Judgment Rule: How Much Board Deliberation is Enough When a Board is Under Time Constraints?-Citron v. Fairchild Camera and Instrument Corp., Jeffrey M. Moss

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    The BYU J. Reuben Clark Law School's LL.M. Program--A Short History and a Focus on a Sample of the Foreign Students Who Studied Here, Cade Buck

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    The Case Against Same-Sex Marriage in Canada: Law and Policy Considerations, Jane Adolphe

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    The Case for Bankruptcy Appellate Panels, Thomas E. Carlson

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    The Case for Closing the School of the Americas, Bill Quigley

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    The Case of Lautsi v. Italy: A synthesis, Grégor Puppinck

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    The Case of Mrs. Jones Revisited: Paternalism and Autonomy in Lawyer-Client Counseling, Mark Spiegel

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    The Challenge: Basing Your Career on Principles, Alexander B. Morrison

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    The Changing Relationship of the Judiciary to the Policy and Administrative Processes of Governments: An Overview of Recent Commentary on the Nature, Causes, Consequences, and Proposals for Reform of Contemporary Judicial Encroachment, Stephen L. Fluckiger

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    The Character Evidence Rule Revisited, Kenneth J. Melilli

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    The Characters Behind the Constitution, Tim Slover

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    The Charging Decision: At Play in the Prosecutor's Nursery, David Schwendiman

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    The Church-State Situation in Poland After the Collapse of Communism, Krystyna Daniel

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    The CIA and Covert Operations: To Disclose or Not to Disclose - That is the Question, Marcus Eyth

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    The Civic Side of School Choice: An Empirical Analysis of Civic Education in Public and Private Schools, David E. Campbell

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    The Civil Rights Act of 1991's Answer to Lorance v. AT&T Technologies, Inc., R. Chet Loftis

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    The Civil Rights Acts of 1960s: Why, Who, How and the Impacts, Richard Wu

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    The Clinton Impeachment and the Constitution: Introduction to the Federalist Society Panel, Thomas R. Lee

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    The Colombian Experience in the Area of Protection of the Freedom of Religion, Sergio González Sandoval

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    The Colored History of Food Coloring, Margaret Craig

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    The Coming Collision: Romer and State Defense of Marriage Acts, Patrick J. Borchers

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    The Commander in Chief Clause: General Washington's Command Presence and Disinterestedness, Joseph Shaha

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    The Commerce Clause and the Balancing Approach: The Delineation of Federal and State Interests: United Transportation Union v. Long Island Rail Road, Guy P. Kroesche

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    The Complex Litigation Project's Choice of Law Rules for Mass Torts and How to Escape Them, Fred I. Williams

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    The Confidentiality of University Student Records: A Common Law Analysis

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    The Congressional Subpeona: Power, Limitations and Witness Protection, Christopher F. Corr and Gregory J. Spak

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    The Constitutional Admissibility of Confessions Induced by Appeals to Religious Belief, Richard E. Durfee Jr.

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    The Constitutionality of Automobile Guest Statutes: A Roadmap to the Recent Equal Protection Challenges, David K. Detton

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    The Constitutionality of Ceremonial Invocations Given at Public High School Football Games Under an Equal Access Plan: Jager v. Douglas County School District, Rory L. Whipple

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    The Constitutionality of High School Graduation Prayers Under Harris v. School District No. 241, Robert Phillips

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    The Constitutionality of National Conscription: The Selective Draft Law Cases of 1918, Darin A. Childers

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    The Constitutionality of Same-Sex Marriage in Australia (and Other Related Issues), Augusto Zimmermann

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    The Constitutionality of Utah's Hazardous Waste Disposal Fee, Troy Fitzgerald

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    The Constitutional Parameters of School Choice, Clint Bolick

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    The Constitution and Sikhs in Britain, Satvinder S. Juss

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    The Constitution and the Ballot Box: Supreme Court Jurisprudence and Ballot Access for Independent Candidates, Brian L. Porto

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    The Constitution Limits of the "National Consensus" Doctrine in Eighth Amendment Jurisprudence, Kevin White

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    The Contemporary Form of Registering Religious Entities in Spain, Rosa Maria Martinez de Codes

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    The Continuing Conflict Between Bankruptcy and Labor Law-The Issues that Bildisco and the 1984 Bankruptcy Amendments Did Not Resolve, Thomas R. Haggard

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    The Continuing Controversy over Crane's Footnote 37: Tufts v. Commissioner, S. Robert Bradley

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    The Continuing Saga of Environmental Cleanup Costs: Current Deduction Allowed Under the Restoration Principle of Plainfield-Union, Steven G. Black

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    The Contract for Deed as a Mortgage: The Case for the Restatement Approach, Grant S. Nelson

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    The Conversion of Intangible Property: Bursting the Ancient Trover Bottle with New Wine, Val D. Ricks

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    The Coptic Church in Egypt: A Comment on Protecting Religious Minorities fiom Nonstate Discrimination, Scott Kent Brown II

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    The Corporate Acquisitions Proposal of the ALI Subchapter C Project: Correcting Economic Inefficiencies by Election, Robert D. Crockett

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    The Costs of Choice: A Review of Guido Calabresi's Ideals, Beliefs, ltttitudes, and the Law, Ron Christian

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    The Course of the Employment-At-Will Doctrine In Utah: Berube v. Fashion Centre, Ltd.—A Turning of the Tide, Justin R. Olsen

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    The Court, the Academy, and the Constitution: A Comment on Bowers v. Hardwick and its Critics, Earl M. Maltz

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    The Covenant and Contracts, Brooke Fuller

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    The Crime Control Act of 1968 and Cordless Telephones: State v. Howard, Scott C. Smith

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    The Critical technologies Approach: Controlling Scientific Communication for the National Security, Valerie M. Fogleman and James Etienne Viator

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    The Curious Case of the Missing Legal Analysis, Lynn D. Wardle

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    The Current Legal Status of Christianity in China, R. Lanier Britsch

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    The Curse of Corporate Control: A Mutual Insurance Company-A Brief on Behalf of Society, David Cowan Bayne

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    The Day the (Digital) Music Died: Bridgeport, Sampling Infringement, and a Proposed Middle Ground, Joshua Crum

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    The Dean's Foreword, Rex E. Lee

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    The Debates About Same-Sex Marriage in Canada and the United States: Controversy Over the Evolution of a Fundamental Social Institution, Nicholas Bala

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    The Demise of Pendent and Ancillary Jurisdiction, Thomas M. Mengler

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    The Design of Videotape Systems for Legal Education, Dale A. Whitman and Gerald R. Williams

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    The Developmental Progress of Free Exercise (Review of The Lustre of Our Country, by John T. Noonan, Jr.), Charlene Davis Luke

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    The Development and Purpose for United States Patent Law, Laura Schroeder

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    The Development of Religious Liberty in Chile, 1973-2000, Patrick J. Thurston

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    The Dictionary Is Not a Fortress: Definitional Fallacies and a Corpus-Based Approach to Plain Meaning, Stephen C. Mouritsen

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    The "Direct" Financing of Religious Minorities in Spain, Jose Maria Contreras Mazario

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    The Disabled ADA: How a Narrowing ADA Threatens To Exclude the Cognitively Disabled, Nathan Catchpole and Aaron Miller

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    The Discretionary Exercise of Supplemental Jurisdiction Under the Supplemental Jurisdiction Statute, Jon D. Corey

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    The Discretionary Function Exception to the Federal Tort Claims Act: A Proposal for a Workable Analysis, Andrelv Hyer

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    The Dissolution of Core Values: Development of Crime and Society in Postwar Scandinavia with an Emphasis on Norwegian Circumstances, Georg Fr. Rieber-Mohn

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    The Doctrine of Religious Freedom, W. Cole Durham Jr.

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    The Downfall of Grease Hazard Technicians and Product Delivery Specialists or "Why French Fry Cooks and Pizza Delivery Guys Should Not Pad Their Resumes": Scrutinizing Crawford Rehabilitation Services, Inc. v. Weissman, Hoang Huynh

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    The Dual-Faceted Federalism Framework and the Derivative Constitutional Status of Local Governments, Michael W. Cannon

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    The Duty of Federal Courts to Apply International Law: A Polemical Analysis of the Act of State Doctrine, James H. Lengel

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    The Ebb and Flow of Antitrust Enforcement: The Reagan and Carter Administrations, Sanford M. Litvack

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    The Economic Origins of the Constitution: A Survey and Critique of Three Scholars, John J. Nielsen

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    The Economics and Politics of Emergency Health Care for the Poor: The Patient Dumping Dilemma, Maria O'Brien Hylton

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    The EEC Merger Regulation and its Impact on Non-EEC Businesses, Alec Burnside and Carl Meyntjens false

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    The Effect of In re Data Access Systems Securities Litigation on the Statute of Limitations Period for Section 10(b) or Rule 10b-5 Actions Brought in Utah, Dan H. Matthews

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    The Effect of International Treaties on Religious Freedom in Mexico, Ricardo Hernandez-Forcada

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    The Effect of the United States Supreme Court's Decisions During the Last Quarter of the Nineteenth Century on Tribal Criminal Jurisdiction, Christopher B. Chaney

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    The Effect of the Utah Administrative Procedures Act on the Standards of Review for Final Administrative Agency Adjudications, John C. Steele

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    The Effects of Judicial Immunization of Passive Sellers in Sanns v. Butterfield Ford and a Proposal for the Shifting Nature of Fault, Jason R. Burt

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    The Effects of the Sixteenth and Seventeenth Amendments in Changing the Role of the States in the Federal System, Scott G. Crowley

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    The Effects of United States Patent Law on Innovation and the Economy, David Conlee

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    The Effects of Videotape Testimony in Jury Trials: Studies on Juror Decision Making, Information Retention, and Emotional Arousal, Gerald R. Miller, David C. Bender, Frank Boster, B. Thomas Florence, Norman Fontes, John Hocking, and Henry Nicholson

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    The Effects of Vouchers and Private Schools in Improving Academic Achievement: A Critique of Advocacy Research, Christopher Lubienski and Peter Weitzel

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    The Efficacy of Merit Review of Common Stock Offerings: Do Regulators Know More than the Market?, Marianne M. Jennings

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    The Eighty Percent and Twenty Percent Solutions to Nuclear Proliferation , Matthew Lund

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    The Eleventh Amendment's Clear Statement Test After Dellmuth v. Muth and Pennsylvania v. Union Gas Co., Robert T. Smith

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    The Elusive Limited Offering Exemption of the Utah Uniform Securities Act, Ralph R. Mabey and Alan L. Smith

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    The "Embarrassing" Section 134, Frederick Mark Gedicks

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    The Emergence of the Social Dimension of the European Economic Community, Timothy W. Dowdy

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    The Emerging Oversimplifications of the Government Speech Doctrine: From Substantive Content to a “Jurisprudence of Labels”, Barry P. McDonald

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    The Emerging Pattern of Church and State in Western Europe: The Italian Model, Silvio Ferrari

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    The End of Shareholder Litigation? Allowing Shareholders to Customize Enforcement Through Arbitration Provisions in Charters and Bylaws, Paul Weitzel

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    The Endurance of Biological Connection: Heteronormativity, Same-Sex Parenting and the Lessons of Adoption, Annette R. Appell

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    The Epidemic Called Child Abuse, Margot Merrill-Johnson

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    The Epistemology of Admissibility: Why Even Good Philosophy of Science Would Not Make for Good Philosophy of Evidence, Brian Leiter

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    The Erosion of Erie in the Federal Courts: Is State Law Losing Ground?, David A. Thomas

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    The Erosion of the Clean Water Act Through Inverse Condemnation: Can Wetlands Withstand the Takings Clause of the Fifth Amendment?, Stephen R. Kelly

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    The "Escape Clause" and the Safeguards Wrangle, Alan C. Swan

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    The Essence of Lawyering in an Atmosphere of Faith, Kevin J. Worthen

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    The Establishment Clause Gag Reflex, Frederick Mark Gedicks

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    The Ethical Professional: Consecration in the Workplace, Constance K. Lundberg

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    The Ethics Reform Act of 1989: Why the Taxman Can't Be a Paperback Writer, David A. Golden

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    The European Community In 1992: An Integrated Approach to Economy and Ecology, Susan Polizzotto and Patricia L. LaTulippe false

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    The European Community's Common Agricultural Policy Predicament: Exacerbation by Spain and Portugal's Entry and Proposed Solutions, Christian Henrie Jensen

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    The European Community's Second Banking Directive and U.S. Banking Regulation: Preparing for a Multilateral Agreement for the Trade of Services, Douglas L. Hymas

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    The European Court of Justice: Last Hope for 1992, Eugene C. Austin

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    The European Union: Changing the Norms of International Law Through Integration, Emily McCarren

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    The Evolution of Japan's Article Nine: How Japan's "Peace Constitution" Permitted the Development of One of the World's Largest Military Forces and the Current Trend Toward Japanese Nationalism, Jennifer A. E. Warburton

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    The Evolution of Religious Beliefs in a Constitutional Text, Alfredo Quispe Correa

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    The Evolution of Religious Freedom as a Universal Human Right: Examining the Role of the 1981 United Nations Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief, Derek H. Davis

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    The Evolution of the Escape Clause-Section 201 of the Trade Act of 1974 as Amended by the Omnibus Trade and Competitiveness Act of 1988, Warren Maruyama

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    The Evolution of the European Union, Christine Leavitt

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    The Evolution of U.S. Consumer Drug Regulation: The Creation of the FDA and the Effects of Its Regulations on U.S. Drug Consumers, Matthew Frei Hafen

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    The Evolution of Water Use Laws in the Western United States, Mike Utley

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    The Exclusionary Rule and Damages: An Economic Comparison of Private Remedies for Unconstitutional Police Conduct, Jeffrey Standen

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    The Exclusionary Rule in Parole Revocation Hearings : Deterring Official Infringement of Parolees' Fourth Amendment Rights, Billy Glenn Dupree Jr.

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    The Executive Pardon Power, Lance Starr

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    The Family Estate Trust: Tax Myths and Realities

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    The Family Farm and Use Valuation-Section 2032A of the Internal Revenue Code, James C. Swindler

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    The FDA Knows Best . . Or Does It? First Amendment Protection Of Health Claims On Dietary Supplements: Pearson v. Shalala, Amber K. Spencer

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    The Federal Enforcement Provisions of the 1970 Amendments to the Clean Air Act: Statutory Scope and Constitutionality

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    The Federal Judiciary-Inflation, Malfunction, and a Proposed Course of Action, Damiel J. Meador

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    The Federal Military Retirement System Preempts State Community Property Law at Divorce: McCarty v. McCarty, Samuel D. McVey

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    The Federal Prisoner Collateral Attack: Requiescat in Pace, Josephine R. Potuto

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    The Federal Reserved Rights Doctrine and Practicably Irrigable Acreage: Past, Present and Future, Jennele Morris O'Hair

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    The Federal Water Pollution Control Act's Self-Reporting Requirement and the Privilege Against Self-Incrimination: Civil or Criminal Proceedings and Penalties? United States v. Ward, D. Gary Beck

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    The First Amendment: Saving Us From Ourselves (Review of No Liberty for License, by David Lowenthal), Cory A. Talbot

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    The First Five-Year Span (1989-1994): Law and Religion in Post-Communist Hungary, Helen E. Hartnell

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    The Flawed Implementation of the International Religious Freedom Act of 1998: A European Perspective, Eugenia Relano Pastor

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    The Foreign Amici Dilemma, Stephen A. Plass

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    The Forgotten Founding Document: Considering the Ends of the Law, A. Scott Loveless

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    The Forgotten Investor: The Negative Impacts of Health Care Legislation on Physicians? Practice of Medicine, Garner B. Meads

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    The Founding Fathers and the Second Amendment, Darrin K. Johns

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    The Fourteenth Amendment and the Bill of Rights, Raoul Berger

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    The Fourteenth Amendment and the Protection of Minority Rights, Edward J. Erler

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    The Fourth Branch: Reviving the Nondelegation Doctrine, Craig L. Taylor

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    The Framers' Establishment Clause: How High the Wall?, J. Clifford Wallace

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    The Free Exercise Clause and Original Intent: A View Toward Exemptions, Dawn H. Steadman

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    The Free Speech Rights of “Off-Duty” Government Employees, Mary-Rose Papandrea

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    The Fuller Court and State Criminal Process Threshold of Modern Limitations on Government, William F. Duker

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    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

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    The Future of Legal Education for Practical Skills, Charles D. Kelso and M. Jane Kelso

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    The Future of Religious Liberty in Argentina: Will a New Constitutional Mandate and Would Newly Proposed Laws Enhance Religious Liberty?, David E. Doxey and Scott S. Thomas

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    The Future of the Disparate Impact Theory of Employment Discrimination after Watson v. Fort Worth State Bank, Paul N. Cox

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    The Gap Between Law and Moral Order: An Examination of The Legitimacy of the Supreme Court Abortion Decisions, Lynn D. Wardle

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    The German Headscarf Debate, Axel Frhr. von Campenhausen

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    The Global Financial Crisis and Proposed Regulatory Reform, Randall D. Guynn

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    The Globalization of Human Rights and the Socialization of Human Rights Norms, Christopher Marsh and Daniel P. Payne

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    The Gold(smith) Standard, Daniel S. Medwed

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    The Government's Role in the Support of Children, Allen M. Parkman

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    The Heart of Lawyering: Clients, Empathy, and Compassion, Kristin B. Gerdy

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    The Hellenic Republic and the Prevailing Religion, Charalambos K. Papastathis

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    The Historical Background of Patents as a Form of "Property" and Implications for 2010, Joshua Engel

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    The History and Culture of Affirmative Action, Anthony J. Scanlon

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    The History and Evolution of Marriage (Review of From Sacrament to Contract, by John Witte, Jr.), Jennie Holman Blake

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    The History and Future of Surrogacy Contracts, Rachel Williams

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    The History and Literal Meaning of the Right to Bear Arms, David Meibos

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    The History, Application, and Policy of the Judicially Created Standards of Review for Arbitration Awards, Bret F. Randall

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    The History Behind the Federal Estate Tax, Josh McLane

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    The History of Suffrage and Equal Rights Provisions in State Constitutions, Carrie Hillyard

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    The History, Purpose, and Procedures of the Advisory Commission on Electronic Commerce, Thomas Griffith

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    The Hobgoblin of the Federal Rules of Evidence: An Analysis of Rule 801(d)(1)(B), Prior Consistent Statements and a New Proposal, Edward D. Ohlbaum

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    The Holy Grail of Corporate Governance Reform: Independence or Democracy?, Elizabeth Cosenza

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    The House that Rex Built, Dee V. Benson

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    The Human Right of Self-Defense, David B. Kopel, Paul Gallant, and Joanne D. Eisen

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    The Icon and the Tracts: A Restrained Renaissance of Religious Liberty in Ukraine, John Moroz Smith

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    The Ideal Senate: The Role of Ideas in the Second Branch, Steven A. Haskins

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    The Idea of the Job as Property in Contemporary America: The Legal and Collective Bargaining Framework, William B. Gould

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    The Immutability of Divine Texts, Liaquat Ali Khan

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    The Impact of Alternative Negligence Defense Rules on Litigation Behavior and Tort Claim Disposition, Marianne M. Jennings

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    The Impact of Exclusion: Chinese Immigration and the American Legal System, Matthew Wright

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    The Impact of Expanded Rules for Determining what Constitutes the "Same Offense" for Double Jeopardy Purposes: Illinois v. Vitale , David G. Harlow

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    The Impact of Federal Labor Policy on the Americans with Disabilities Act of 1990: Collective Bargaining Agreements in a New Era of Civil Rights, David S. Doty

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    The Impact of The Federalist, James T. Tran

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    The Impact of the Mobil Case on Apportionment of Income, Frank M. Keesling

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    The Impacts and Issues Surrounding the Regulatory Confiscation of Real Property, Douglas Short

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    The Implementation of Inter-American Norms on Freedom of Religion in the National Legislation of OAS Member States, Evaldo Xavier Gomes

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    The Importance of the Habeas Corpus Clause to the Ratification of the 1787 Constitution, Danielle R. Dallas

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    The Incorporation Doctrine and Procedural Due Process Under the Fourteenth Amendment: An Overview, Robert L. Cord

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    The Independence of Judges: The Uses and Limitations of Public Choice Theory, Richard A. Epstein

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    The Independent Counsel Statute: A Premature Demise, Julian A. Cook III

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    The Indian Commerce Clause: What Did the Framers Intend?, Troy D. Smith

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    The Inequality of Anti-establishment, William P. Marshall

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    The Inevitable Discovery Doctrine Today: The Demands of the Fourth Amendment, Nix, and Murray, and the Disagreement Among the Federal Circuits, Troy E. Golden

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    The Influence of English Legal Institutions on Its Former Colonies, Tyson Oblad

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    The Influence of Jury Deliberation on Juror Perception of Trial, Credibility, and Damage Awards, S. Femi Sonaike

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    The Insignificance of the Blaine Amendment, Steven K. Green

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    The Installment Land Contract-A National Viewpoint, Grant S. Nelson and Dale A. Whitrnan

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    The Interdependence of Our Freedoms, Warren E. Burger

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    The International Convention on Population Development: The Fallacies and Hazards of Population "Control", Rod N. Andreason

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    The International Debt Management Act of 1988: Has the Baker Plan Been Replaced?, Douglas L. Hymas and Robert P. Doane

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    The Intertwined Existence of Families and Religion, L. Steven Brooks

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    The Irreparably Harmed Presumption? Why the Presumption of Irreparable Harm in Trademark Law Will Survive eBay and Winter, Jeffrey M. Sanchez

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    The Jury as a Source of Reasonable Search and Seizure Law, Ronald J. Bacigal

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    Themes — Section Dividers

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    The Original Public Understanding of Privileges or Immunities, James J. Ward

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    The Origin of the Contempt Power, Ryan C. Morris

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    The Origins of American Patent Law Article I, Section 8, Clause 8, Tina M. Chappell

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    The Parent-Child Privilege, Robert L. Maxwell

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    The Parol Evidence Rule and the United Nations Convention on Contracts for the International Sale of Goods: Justifying Beijing Metals & Minerals Import/Export Corp. v. American Business Center, Inc., David H. Moore

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    The Personal Is Political-and Economic: Rethinking Domestic Violence, Deborah M. Weissman

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    The Pharisees and the Sadducees: Rethinking their Respective Outlooks on Jewish Law, Gregory R. Knight

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    The Pledge of Allegiance in the Classroom and the Court: An Epic Struggle over the Meaning of the Establishment Clause of the First Amendment, Brian Wheeler

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    The Plight of the Private Securities Litigation Reform Act in the Post-Enron Era: The Ninth Circuit's Interpretation of Materiality in Employer-Teamster v. America West, Patrick Hall

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    The Political Economy of China’s Regulatory State: A Reappraisal, Miron Mushkat and Roda Mushkat

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    The Politics of Statutory Construction, Daniel M. Harris

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    The Politics of the Law-Politics Dichotomy, Dean E. Conder

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    The Power of the Bankruptcy Court to Enjoin Creditor Claims Against Nondebtor Parties in Light of 11 U.S.C. § 524( e): In re Dow Corning Corp., Jason J. Jardine

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    The Power of the Shield-Permanently Enjoining Litigation Against Entities other than the Debtor-a Look at In re A. H. Robins Co., John E. Swallo

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    The Practical Power of State and Local Governments to Enforce Federal Immigration Laws, Jay T. Jorgensen

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    The Preemptive Effect of OSHA's Hazard Communication Standard Outside the Manufacturing Sector, Toby A. Threet

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    The Prisoner's Campaign: Felony Disenfranchisement Laws and the Right to Hold Public Office, Andrea Steinacker

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    The Process Patent Amendments Act of 1988: Solving an Old Problem, But Creating New Ones, W. Bradley Haymond

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    The Profession Looks at Itself-The Pound Conference of 1976, Rex E. Lee

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    The Proper Application of Marshaling on Behalf of Unsecured Creditors, Michael W. Mosman

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    The Pro Se Phenomenon, Drew A. Swank

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    The Protection of Religious Freedom by the National Constitution and by Human Rights Treaties in the Republic of Argentina, Octavio Lo Prete

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    The Protection of Religious Rights Under Australian Law , Denise Meyerson

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    The Psychotherapist's Calamity: Emerging Trends in the Tarasof/ Doctrine, Steven Craig Bednar

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    The Public Forum Doctrine and Public Housing Authorities: Can You Say That Here?, Martin J. Rooney

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    The Purported Secularization of Catholic Law Schools in America, Daniel C. Swinton

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    “The Pursuit of Happiness” Comes Home to Roost? Same-Sex Union, the Summum Bonum, and Equality, Patrick McKinley Brennan

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    The Putative Father's Due Process Rights to Notice and a Hearing: In re Baby Boy Doe, Carl Belliston

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    The Questionable Grounds of Objections to Proselytism and Certain Other Forms of Religious Expression, Paul M. Taylor

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    The Questions (Section Dividers)

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    The Race to the Courthouse: Conflicting Views Toward the Judicial Review of OSHA Standards, David R. Cherrington

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    The Real Rule of Reason: Bridging the Disconnect, Michael A. Carrier

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    The Recapture of Public Value on the Termination of the Use of Commercial Land Under Takings Jurisprudence and Economic Analysis, Donald C. Guy and James E. Holloway

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    The Recent Liberalization of Exchange Controls and Its Legal Impact on Doing Business in Taiwan, William F. Atkin

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    There is No Such Thing as a Harmless Constitutional Error: Returning to a Rule of Automatic Reversal, James Edward Wicht III

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    There Is Nothing Light About Feathers: Finding Form in the Jurisprudence of Native American Religious Exemptions, James R. Dalton

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    The Relationship of Church and State in Belarus: Legal Regulation and Practice, Alexander Vashkevich

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    The Relationship of Religious Liberty to Civil Liberty and a Democratic State, James E. Wood Jr.

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    The Relevance of Religious Freedom, Michael K. Young

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    The Religion Clause: A Double Guarantee of Religious Liberty, Edward McGlynn Gaffney Jr.

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    The Religion Clauses: Problems and Prospects, Rex E. Lee

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    The Religion of "America's Philosopher", David Wardle

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    The Religious Employer Exemption Under TItle VII: Should a Church Define Its Own Activities?

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    The Religious Freedom and Legal Status of Churches, Religious Organizations, and New Religious Movements in the Slovak Republic, Martin Dojcar

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    The Religious Freedom Restoration Act, Douglas Laycock

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    The Religious Freedom Restoration Act: Legislative Choice and Judicial Review, Rex E. Lee

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    The Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA): A Valid Exercise of Congressional Power?, Shawn Jensvold

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    The Requirement of Worst Case Analysis When Approving Oil Leasing Under the Outer Continental Shelf Lands Act: Village of False Pass v. Clark, James W. Hill Jr.

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    The Researcher as "Offender" and "Victim" - Comparative Observations as to Freedom and Responsibility of Science and Technology, Albin Eser

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    The Reservation Gambling Fury: Modern Indian Uprising or Unfair Restraint on Tribal Sovereignty?, Brian M. Greene

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    There Shall Be No Kings Upon the Land Discussions of Monarchy During the Drafting and Ratification of the U.S. Constitution, Ronald Z. Ahrens

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    There Should Be No Reliance in the "Blue Sky", David O. Blood

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    The Revival of Involuntary Limited-Purpose Public Figures- Dameron v. Washington Magazine, Inc., David L. Wallis

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    The Rhetoric of Free Exercise Discourse, Mark Tushnet

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    The Rights of Parents, Robert J. Levy

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    The Rights of the Accused in the New Testament, Eric Christensen

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    The Right to Abortion: Anomalous, Absolute, and Ripe for Reversal, James Bopp Jr. and Richard E. Coleson

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    The Right to Keep and Bear Arms in Light of Thornton: The People and Essential Attributes of Sovereignty, Kevin J. Worthen

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    The Right to Life of the Unborn-An Assessment of the Eighth Amendment to the Irish Constitution, John A. Quinlan

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    The Rise and Fall of Kingship and Authority Shown through Violence as Portrayed in the Book of Mormon, Jessica Hicks

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    The Rise and Fall of the Religion Clauses, Frederick Mark Gedicks

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    The Role of "De Minimis" Injury in the Excessive Force Determination: Taylor v. McDuffie and the Fourth Circuit Stand Alone, Troy J. Aramburu

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    The Role of Law and Lawyers in Japan and the United States, Masanobu Kato

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    The Role of Lawyers: Beyond Advocacy, William Rich

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    The Role of Legal Education in Defining Modern Legal Professions, David S. Clark

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    The Role of Local Governments in Striking the Proper Balance Between Individualism and Communitarianism: Lessons for and from Americans, Kevin J. Worthen

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    The Role of Public Opinion in Constitutional Interpretation, James G. Wilson

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    The Role of the Exhaustion and Ripeness Doctrines in Reasonable Accomodation Denial Suits Under the Fair Housing Amendments Act, Matt Hall

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    The Role of the Lawyer in Modern Society, Warren E. Burger

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    The Role of the Substitute King Ritual in Ancient Israelite History, Jason Lloyd

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    The Rule of Law and the Bill of Attainder Clause, Jacob Reynolds

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    The Sale-of-Business Doctrine - Golden v. Garafalo, Cass C. Butler

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    The Scope of the Judicially Implied Private Right of Action under Rule 10b-5: Shores v. Sklar, E. Douglas Clark

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    The Screening of Appeals: The Ninth Circuit's Experience in the Eighties and Innovations for the Nineties, John B. Oakley

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    The Search for Moral Neutrality in Same-Sex Marriage Decisions, Adam J. MacLeod

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    The Second Amendment in the Nineteenth Century, David B. Kopel

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    The Section 1983 Remedy and Purely Statutory Federal Rights: Ryans v. New Jersey Commission for the Blind and Visually Impaired, Peter E. Ormsby

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    The Secured Creditor Exemption: A Fleeting Factor in Lender Liability Analysis under CERCLA, Bret W. Reich

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    The Seeds of Conflict: Slavery, the Constitution, and the Civil War, W. Blair Larsen

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    The Selling Real Estate Broker and the Purchaser: Assessing the Relationship, Brett L. Hopper

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    The Sheriff is Coming to Cyberville: Trademark and Copyright Law and the Internet, John R. Dean

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    The Shrinkwrap Snafu: Untangling the "Extra Element" in Breach of Contract Claims Based on Shrinkwrap Licenses, Nathan Smith

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    The Sixth Circuit Dropped the Ball: An Analysis of Brentwood Academy v. Tennessee Secondary School Athletic Ass'n in Light of the Supreme Court's Recent Trends in State Action Jurisprudence, Josiah N. Drew

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    The Sky is Falling-The ALI's Efficient Response to Courts in Crisis?, Christine Gail Clark

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    The Slave Master -- Common Legal Claims of Entitlement and the Christian Response During the Time of the New Testament, Brandon Boey

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    The (So-called) Liability of Criminal Defense Attorneys: A System in Need of Reform, Meredith J. Duncan

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    The Social Psychology of Evil: Can the Law Prevent Groups From Making Good People Go Bad?, David Crump

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    The Software Licensing Dilemma, Nancy S. Kim

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    The Sound of Congressional Silence: Judicial Distortion of the Legislative-Executive Balance of Power, Matthew Baker

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    The South African Civil Union Act 17 of 2006: A Good Example of the Dangers of Rushing the Legislative Process, Bradley S. Smith and J. A. Robinson

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    The Spanish Experience in Church-State Relations: A Comparative Study of the Interrelationship Between Church-State Identification and Religious Liberty, George R. Ryskamp

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    The Spanish Law on Same-Sex Marriage: Constitutional Arguments, Carmen Garcimartin

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    The Spanish System of Church and State, Gloria M. Moran

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    The State Constitutional Right To Privacy Conflicts with Tax Reporting Requiremnets: The Florida Model, Daniel R. Gorgon

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    The "State" of Private Networks: The Emerging Legal Regime of Polycorporatism in Germany, Gunther Teubner

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    The State Secrets Privilege and the Abdication of Oversight, Jared Perkins

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    The State, the Family, and the Constitution: A Case Study in Flawed Bipolar Analysis, Earl M. Maltz

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    The Status of Section 5 of the Immigration Marriage Fraud Amendments of 1986 Since Smith v. INS: No Relief from the Courts but a Hope for Amendment, Michael Evans

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    The Stigma of Conviction: Coram Nobis, Civil Disabilities, and the Right to Clear One's Name, David Wolitz

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    The Story of a Forgotten Battle: Reviewing The Mormon Question: Polygamy and Constitutional Conflict in Nineteenth Century America, Nathan B. Oman

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    The Story of My Father, Jordan L. Zendejas

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    The Straits of Stare Decisis and the Utah Court of Appeals: Navigating the Scylla of Under-Application and the Charybdis of Over-Application, Paul W. Werner

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    The Strangers in the Land: Who They are and Israel's Responsibility Toward Them, David Lurth

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    The Structural Role of the Bill of Rights, Richard G. Wilkins

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    The Study and Practice of the Laws of Men in Light of the Laws of God, James E. Faust

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    The Success of the Separation of Powers and its Contemporary Failings, Jeremy Rabkin

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    The Supreme Court and Antitrust Law: Remarks on Judicial Restraint in the Context of Antitrust and Constitutional Law, Rex E. Lee

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    The Supreme Court and Same-Sex Marriage: A Prediction , Robert E. Riggs

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    The Supreme Court's Confused Election Law Jurisprudence: Should Competitiveness Matter?, Peter J. Jenkins

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    The Supreme Court's Interpretation of the Civil Rights Act of 1964: Liberty, Equality and the Limitation of Judicial Power, Stephen L. Fluckiger

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

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    The Swedish Ban of Corporal Punishment, Dennis Alan Olsen

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    The Swinging Pendulum of Sentencing Reform: Political Actors Regulating District Court Discretion, Lydia Brashear Tiede

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    The Syufy Rosetta Stone

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    The Tempting of America: The Political Seduction of the Law, Robert H. Bork

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    The Tension Between a Godless Constitution and a Culture of Belief in an Age of Reason (Review of The Godless Constitution, by Isaac Kramnick & R. Laurence Moore), Melissa A. Dalziel

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    The Tension Between Practical and Theoretical Legal Education: A Judge's View of the Gap, Sherman G. Finesilver

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    The Tension Within the Religion Clause of the First Amendment, Thomas B. Griffith

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    The Third Wave of Crime Victims' Rights: Standing, Remedy, and Review, Douglas E. Beloof

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    The Toshiba Sanctions Provision: Its Constitutionality and Impact on COCOM, Spencer L. Kenner and Mark A. Russell

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    The Trade Bill's Approach to Helping Dislocated Workers: Will it Work?, Carl L. Britsch

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    The Trade Bill-The View From Capitol Hill, Thelnla J. Askey

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    The Training of Court Managers, Harvey E. Solomon

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    The Transfiguration of Samuel Chase: A Rebuttal, Raoul Berger

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    The Transformation of Civil Lawyers, Richard L. Abel

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    The Two Rivers and the Lands Between: Mesopotamia and the International Law of Transboundary Waters, Joseph W. Dellapenna

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    The Uncertain Future of Title VII Class Actions After the Civil Rights Act of 1991, Daniel F. Piar

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    The Uncertain Quest for Welfare Rights, Richard A. Epstein

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    The Uncertainty Surrounding Grazing and Section 401 of the Clean Water Act: Predicting the Outcome of Oregon Natural Desert Association v. Dombeck, Daryl G. Ward

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    The Underground Conflict: Should Caves Be Designated as Wilderness?, Lorenzo Miller

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    The Uniform Probate Code-Does It Really Work?, Terry L. Crapo

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    The Uniform Probate Code-It Still Works in Idaho, Terry L. Crapo

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    The "Unitary" Business in State Taxation: Confusion at the Supreme Court?, C. Douglas Floyd

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    The United Nations and the Development of International Law, Robert E. Riggs

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    The Universal and the Particular in Legal Discourse, George P. Fletcher

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    The Universal, Inalienable Right of the Child to the Marriage of His Biological Parents, Neil B. Johnson

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    The Unpredictable Scope of the Waiver Resulting from the Advice-of-Counsel Defense to Willful Patent Infringement, Jared S. Goff

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    The Unwarranted Abrogation of Interspousal Tort Immunity: Fernandez v. Ramo, Michael L. Schwab

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    The Use of a Rule 37(b)(2)(A) Sanction to Establish In Personam Jurisdiction, Jeffrey A. Robinson

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    The U.S. Trust Revolution: Dynasty Trusts and Domestic Self-Settled Spendthrift Trusts, Wendy Burt Cuthbertson

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    The Utah Federal Court's Ban on Sketching of Courtroom Scenes, M. Dallas Burnett

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    The Utah Medical No-Fault Proposal: A Problem-Fraught Rejection of the Current Tort System, Matthew K. Richards

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    The Value of a Woman: A Comparison of the Laws and Traditions of Divorce in Medieval Europe and Modern America, Maria Funk Miles

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    The Vexatious Fiduciary, Marian H. Ito

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    The Violence Against Women Act, Federal Criminal Jurisdiction, and Indian Tribal Courts , Paul J. Larkin Jr. and Joseph Lupino-Esposito

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    The Virginia Beach Quest for Water: Drowning in a Sea of Litigation, Richard T. Probst

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    The Voluntary Principle and Church Autonomy, Then and Now, Thomas C. Berg

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    The Wagner Seed Saga: Is There Any Great CERCLA Route That Potentially Responsible Parties Can Chart Between the Devil and the Deep Blue Sea?, Jack Pate

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    The "Wall of Separation Between Church and State" Constitutional Fact or Fiction?, Lorianne Updike

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    The War on Drugs and Denominational Preferences: Farewell to Strict Scrutiny Analysis, Jeffrey T. Lawrence

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    The Waste Land, Arthur Austin

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    The Weak Nondelegation Doctrine and American Trucking Associations v. EPA, Gabriel Clark

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    The Wilderness Act of 1964: Where Do We Go From Here?, Dee V. Benson

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    The Winters Doctrine and How It Grew: Federal Reservation of Rights to the Use of Water, Harold A. Ranquist

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    The Work of Serving Others, Carl S. Hawkins

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    The Writing on the Wall: The Potential Liability of Mediators as Fiduciaries, Rebekah Ryan Clark

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    The Writings of Chief Justice Roger J. Traynor, James E. Sabine and Robert S. Clark

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    The Wrong Stuff, Alex Kozinski

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    Thinking of Mediation As a Complex Adaptive System, J. B. Ruhl

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    Third-Party Consent Under the United States and Utah Constitutions: Should Utah Adopt the Federal Standard?, S. Matthew Cook

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    Third-Party Defenses to Mortgages, Ann M. Burkhart

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    Third-Party Profit-Taking in Tax Exemption Jurisprudence, Darryll K. Jones

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    Thirteenth-Century Antecedents of the American Colonists' Right to Revolt, Jared Perkins

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    Thomas Jefferson's Other Uncertain Paternity: The Dubious Parentage of the American Patent System, Kerry W. Brown

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    Thoughts on Smith and Religious-Group Autonomy, Laura S. Underkuffler

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    Threats, Free Speech, and the Jurisprudence of the Federal Criminal Law, G. Robert Blakey and Brian J. Murray

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    Three Assumptions Lawyers Must Never Make, Brett G. Scharffs

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    Three Concepts of Church Autonomy, Ronald R. Garet

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    Three Degrees of Promising, Eric G. Andersen

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    Three Views of Equal Protection : A Backdrop to Bakke, J. Frederic Voros Jr.

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    Three Years after Matter of Mogharrabi: Is a "Reasonable Person" Test the Answer to the Confusing "Well-Founded Fear of Persecution" Standard in Asylum Cases?, Michael E. Mangelson

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    Throwing Canis Lupus to the Wolves: United States v. McKittrick and the Existence of the Yellowstone and Central Idaho Experimental Wolf Populations Under a Flawed Provision of the Endangered Species Act, Daniel R. Dinger

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    Tightening Judicial Standards for Granting Foreign Discovery Requests, Ryan J. Earl

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    Time for a Treaty? The Legal Sufficiency of the Declaration on the Elimination of All Forms of Intolerance and Discrimination, Carolyn Evans

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    Timeliness of a Motion to Intervene: Stotts v. Memphis Fire Department, John R. Erickson

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    Tinker at a Breaking Point: Why the Specter of Cyberbullying Cannot Excuse Impermissible Public School Regulation of Off-Campus Student Speech, Allison Belnap

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    Tipping the Balance in Favor of Justice: Due Process and the Thirteenth and Nineteenth Amendments in Child Removal from Battered Mothers, Shima Baradaran-Robison

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    Title Insurance: Recovery for Emotional Distress for Wrongful Failure to Defend

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    Title IX Liability for the Inaction of Educational Institutions or Their Agents: Responding to Rowinsky v. Bryan Independent School District, Jeremiah J. Morgan

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    Title VII & The Civil Rights Act of 1991: What Professional Firms Should Know, Ezra T. Clark III

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    To Be or Not to Be: The Validity of Pendent Party Jurisdiction Remains Unanswered After Finley v. United States, Janis T. Butler

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    Tolerance and Religious Freedom: The Struggle in Peru To Tolerate Multiple Cultures in Light of Principles of Religious Freedom, Carlos Valderrama Adriansen

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    Tom Green, Common-law Marriage, and the Illegality of Putative Polygamy, Ryan D. Tenney

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    Torts --Attractive Nuisance--New Rationale for Refusing to Extend Liability for Injuries Caused by Natural Conditions--Loney v. McPhillips

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    Torts--Medical Malpractice--Sources of a Physician's Standard of Care: The Medical Profession or the Courts--Helling v. Carey

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    Torture and Public Policy: Mohamed v. Jeppesen Dataplan, Inc., Allows “Extraordinary Rendition” Victims to Litigate Around State Secrets Doctrine , Michael P. Jensen

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    To Them of the Last Wagon, J. Reuben Clark Jr.

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    Toward an Interstate Standard of Equal Protection of the Laws: A Speculative Essay, Arthur S. Miller and Jeffrey H. Bowman

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    Toward a Unified Field Theory of the Family: The American Law Institute's Principles of the Law of Family Dissolution, James Herbie DiFonzo

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    Towards a Critical IP Theory: Copyright, Consecration, and Control, John Tehranian

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    Towards a More Perfect European Human Rights Standard: A New Argument Against a United Kingdom Bill of Rights, Keith Cope

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    Trademarks--Section 44(d) of the Lanham Act--Use in Commerce by the Foreign Applicant as a Prerequisite to Securing a United States Trademark Registration--John Lecroy & Son, Inc. v. Langis Foods Ltd., Robert A. Johnson

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    Trade Secrets and Confidentiality: Attorney Ethics in the Silent World of Tax Planning, Andrew Franklin Peterson

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    Traditionalism, Secularism, and the Transformative Dimension of Religious Institutions, W. Cole Durham Jr. and Alexander Dushku

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    Traditional Marriage: Still Worth Defending, George W. Dent Jr.

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    Traditional Values, Governmental Values, and Religious Conflict in Contemporary India, Robert D. Baird

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    Traffic Noise Regulation: A Comparative Study, Stephen G. Wood

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

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    Transfer of Land in New England: Colonizing on Native Indian Land, Jeffrey E. Matson

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    Transforming the Public Employee Speech Standard in Posey v. Lake Pend Oreille: More than Meets the Eye , Benjamin M. Smith

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    Transsexuals, Intersexuals and Same-Sex Marriage, Terry S. Kogan

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    Trial Advocacy Courtroom, Mathew Imbler

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    Trial Courtroom/Classroom, Mathew Imbler

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    Tribal Immunity from California's Campaign Contribution Disclosure Requirements, Cameron A. Reese

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    Tribal Sovereignty and the Supreme Court's 1977-1978 Term

    PDF

    Tribunals Organized To Convict: Searching for a Lesser Evil in the Capital Juror Death-Qualification Process in United States v. Green, Richard Salgado

    PDF

    Tribute to Carl Hawkins, Mary Anne Q. Wood

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    Tribute to Carl S. Hawkins , H. Reese Hansen

    PDF

    Troubled Real Estate Leasing Companies Trapped Within Personal Holding Company Income Tax Provisions

    PDF

    Trouble for Private Enforcement of the Sherman Act: Twombly, Pleading Standards, and the Oligopoly Problem, Lee Goldman

    PDF

    Troubles in Northern Ireland: Conflict Created and Perpetuated by the Rule of Law, Matthew Crane

    PDF

    Trust Doctrines in Church Controversies, Dalin H. Oaks

    PDF

    Truth: A Shield to Memory, Marion D. Hanks

    PDF

    Truth-in-Testing Legislation: A Brief for the Status Quo, Alan B. Asay

    PDF

    Tucker Act Jurisdiction over Breach of Trust Claims, Gregory K. Orme

    PDF

    Tying Arrangements-An Update, Marcus Mattson

    PDF

    Unbundling of Legal Services a Possible Solution to the Pro Se Problem, Janice Smith

    PDF

    Understanding Chinese-U.S. Conflict Over Freedom of Religion: The Wolf-Specter Freedom From Religious Persecution Acts of 1997 and 1998, Darin W. Carlson

    PDF

    Understanding Recent Adoption Law Changes, Douglas Sivula

    PDF

    Understanding Roe and its Siblings: Three Functional Constitutional Privacy Right Models to Tell the Story, Timothy L. Chandler

    PDF

    Understanding the Lobbying Efforts of a Church: How Far Is Too Far?, Chase Manderino

    PDF

    Understanding the Proposed Flaw in the Parable of the Prodigal Son, Jeff Krebs

    PDF

    Undoing Miranda, Michael Edmund O'Neill

    PDF

    Uneven “Neutrality”: Dual Standards and the Establishment Clause in Johnson v. Poway, Eric Jeppsen

    PDF

    Unexplained Fractures in Infants and Child Abuse: The Case for Requiring Bone-Density Testing Before Convicting Caretakers, Matt Seeley

    PDF

    Unfounded Allegations That John Yoo Violated His Ethical Obligations as a Lawyer: A Critical Analysis of the Torture Memo, Carrie L. Flores

    PDF

    Uniformity In State Inheritance Laws: How UPC Article II Has Fared In Nine Enactments, Richard V. Wellman and James W. Gordon

    PDF

    Union Held Liable in Contribution to Employer for Title VII Violations: Glus v. G.C. Murphy Co., J. David Gowdy

    PDF

    United Nations Policy and the Family: Redefining the Ties that Bind: A Study of History, Forces and Trends, Maria Sophia Aguirre and Ann Wolfgram

    PDF

    United States Supreme Court 1977-1978 Term : Criminal Law Decisions, B. J. George Jr.

    PDF

    United States u. O'Hagan: 'l'he Eighth Circuit Throws the Second Strike to the Misappropriation Theory of Rule 10b-5 Liability, Shawn J. Lindquist

    PDF

    United States v. Hotal: Determining the Role of Conditions Precedent in the Constitutionality of Anticipatory Warrants, Brett R. Hamm

    PDF

    United States v. McCane: Judge Tymkovich Questions Heller’s Disarming Dicta, Stephen C. Mouritsen

    PDF

    United States v. Reese and Post-Heller Second Amendment Interpretation, E. Garret Barlow

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    United States v. Renzi: Reigning in the Speech or Debate Clause to Fight Corruption in Congress PostRayburn, A.J. Green

    PDF

    United States v. Ruiz-Gaxiola: When Criminal Defendants Say No to Drugs, Adam Dayton

    PDF

    United States v. Wise: Is Failure to Stop for the Police a Sentence-Enhancing Crime of Violence?, Edan Burkett

    PDF

    United Structures v. G.R.G. Engineering: Set-off v. Recoupment in Miller Act Payment Bond Disputes, Dennis M. Sponer

    PDF

    Unity in the Wilderness: The Real Lesson of the Iroquois for a New Nation, Chase Manderino

    PDF

    Unity of the Graveyard and the Attack on Constitutional Secularism, Steven G. Gey

    PDF

    Unmeasured Factors of Success, John K. Carmack

    PDF

    Unpacking Adaptibility, Andreas Engert and D. Gordon Smith

    PDF

    Unraveling Lawrence's Concerns About Legislated Morality: The Constitutionality of Laws Criminalizing the Sale of Obscene Devices, Nathan R. Curtis

    PDF

    Unraveling the Lining of ERISA Health Insurer Pockets-A Vote for National Federal Common Law Adoption of the Make Whole Doctrine, David M. Kono

    PDF

    (Un)Reasonable Expectation of Digital Privacy, Brandon T. Crowther

    PDF

    Unscrambling the Broadcasting Status of Over-the-Air Subscription Television, Einar William Johnson

    PDF

    Unto This Very Purpose, Neal A. Maxwell

    PDF

    Unto Whom Much Is Given, James R. Rasband

    PDF

    Unwrapping Shrinkwraps, Clickwraps, and Browsewraps: How the Law Went Wrong from Horse Traders to the Law of the Horse, Cheryl B. Preston and Eli W. McCann

    PDF

    Up in Smoke: Federal Preemption and Medicinal Marijuana ID Cards in County of San Diego v. San Diego NORML, Douglas Farr

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    U.S. Agriculture and the Omnibus Trade Bill: A Step in the Right Direction?, Kenneth S. Barrow and Matthew V. Parker

    PDF

    Used Products and Strict Liability: A Practical Approach to a Complex Problem, Steven J. Christiansen

    PDF

    Useful Arts in the Information Age, Alan L. Durham

    PDF

    Uses of Numbers in Ancient Times: Number Symbolism, Ryan Stones

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    PDF

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    PDF

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    PDF

    Using Technology to Improve the Administration of Justice in the Federal Courts, Charles W. Nihan and Russell R. Wheeler

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    Using the Religion Clauses to Secure Religious Liberty (Review of Securing Religious Liberty, by Jesse Choper), Jared Goff

    PDF

    U.S. Supreme Court Justices and Press Access, RonNell Andersen Jones

    PDF

    Usury Implications of Alternative Mortgage Instruments: The Uncertainty in Calculating Permissible Returns, Martin S. Tanner

    PDF

    Usury's Intent Requirement: Should There Be a Good Faith Defense?, Todd F. Maynes

    PDF

    Utah Allows Contribution Against Cotortfeasor Despite Immunity from Direct Suit: Bishop v. Nielsen, David H. Little

    PDF

    Utah at the Crossroads: The Role of the Judiciary in Initiative and Severability Law after Gallivan v. Walker, Jaysen Oldroyd

    PDF

    Utah Code Ann. 78-40-2.5(3): Utah's Unreviewable Order, Hutch Unga Fale

    PDF

    Utah Government Immunity Act and Government Hospitals: Condemarin v. University Hospital, Michael A. Royal

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    Utah Leads the Way in Regulating Land Use Exactions through Statute but Still Has Room to Improve, Andrea B. Pace

    PDF

    Utah Limited Liability Companies: The ''Ugly Ducklings", Keen L. Ellsworth

    PDF

    Utah Real Estate: Million Dollar Deals and Legal Advice From 18-year-olds, Brigham Tomco

    PDF

    Utah's Business Name Statutes: "An Open Invitation to Litigation", Richard E. Turley Jr.

    PDF

    Utah's Emerging Constitutional Weapon- The Open Courts Provision: Condemarin v. University Hospital, Daniel W. Lewis

    PDF

    Utah's Enabling Act and Congress's Enclave Clause Authority: Federalism Implications of a Renewed State Sovereignty Movement, Spencer Driscoll

    PDF

    Utah's Manslaughter Statute: Walking the Tightrope Between Social Utility and Fair Culpability Assessmen, McCaye Christiansen

    PDF

    Utah's New Extermination Orders, Patrick B.N. Solomon

    PDF

    Utah's New Mechanics' Lien Statute: Clarification For The Oil and Gas Industry, Alan A. Enke

    PDF

    Utah's School Trust Lands: A Century of Unrealized Expectations, Matthew J. Harmer

    PDF

    Utah's Short Statutes of Limitation for Tax Titles: The Continuing Specter of Lyman v. National Mortgage Bond Corp. - A Need for Remedial Legislation, Phillip Wm. Lear

    PDF

    Utah Zoning Law and Proposals for Legislative Change, Richard S. Dalebout

    PDF

    Uzbekistan: Islam, Communism, and Religious Liberty--An Appraisal of Uzbekistan's 1998 Law "On Freedom of Conscience and Religious Organizations", Grant Garrard Beckwith

    PDF

    Variety in U.S. Kinship Practices, Substantive Due Process Analysis and the Right to Marry, C. Quince Hopkins

    PDF

    Various Interpretations of Jewish and Early Christian Self-Defense Law from the Roman Empire to Present, Mark A. Robertson

    PDF

    Victim Reparation Programs: Learning From Experience, Byron L. Beck

    PDF

    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

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    Viewing the Criminal Sanction Through Latter-day Saint Thought, Martin R. Gardner

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    "Village People" Introduction to the Family Law Symposium on Parent and Child in North American Family Law, Lynn D. Wardle

    PDF

    Violations of United States Citizenship Rights in the Mexican Immigrant Experience, Araceli Gonzalez

    PDF

    Virtual Consumption: A Second Life for Earth?, Albert C. Lin

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    Visions of Habeas, David McCord

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    Volume One: Answering God's Interrogatories

    PDF

    Volume Three: Religious Conviction

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    Volume Two: Service and Integrity

    PDF

    Wage and Price Controls-Government Contracts- Executive Use of the Federal Procurement Act to Disbar Private Firms from Government Contracts if Wage and Price Standards are not Followed-AFL-CIO v. Kahn, 618 F.2d 784 (D.C. Cir.), cert. denied, 443 U.S. 915 (1979)

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    Wait a Minute. This Is Where I Came In. A Trial Lawyer's Search for Alternative Dispute Resolution, Steven H. Goldberg

    PDF

    Walking a Thin Blue Line: Balancing the Citizen's Right to Record Police Officers Against Officer Privacy, Rebecca G. Van Tassell

    PDF

    Warrantless Home Arrests and Police Liability Under Utah Law, Matthew Bell

    PDF

    Warren E. Burger and the Administration of Justice, Edward A. Tamm and Paul C. Reardon

    PDF

    Was Gonzales v. Raich the Death Knell of Federalism? Assessing Meaningful Limits on Federal Intrastate Regulation in Light of U.S. v. Nascimento, Brandon J. Stoker

    PDF

    Waste Disposal: The Commerce Clause and the Resource Conservation and Recovery Act of 1976, Steven J. Christiansen

    PDF

    Ways to Change: A Reevaluation of Article V Campaigns and Legislative Constitutionalism , Mary Ziegler

    PDF

    We Are to Love God and Our Neighbors, H. Reese Hansen

    PDF

    Weather Modification: The Continuing Search for Rights and Liabilities, Gregory N. Jones

    PDF

    Weightier Matters, Dallin H. Oaks

    PDF

    Welcoming Remarks, Governor Olene S. Walker

    PDF

    We're All in the Same Boat: Old Testament and Book of Mormon Concepts of Corporate Responsibility as a Complement to Individual Responsibility for Describing our World, Andrew G. Cannon

    PDF

    What Constitutional Law Can Learn from the ALI Principles of Family Dissolution, David D. Meyer

    PDF

    What Is a Record? Two Approaches to the Freedom of Information Act's Threshold Requirement

    PDF

    What is Justice? (Review of Christian Justice and Public Policy, by Duncan B. Forrester), Michael David Lopez

    PDF

    What is the European Union?, Ilann Margalit Maazel

    PDF

    What Level of Intent is Required to Prove Inequitable Conduct?, Kenneth S. Barrow

    PDF

    What Role for the Law School in American Legal Education? Purposefully Restructuring the Law School Curriculum, Malcolm Richard Wilkey

    PDF

    When Constitutional Challenges to State Cancellation Moratoriums Enacted After Catastrophic Hurricanes Fail: A Call for a New Federal Insurance Program, Steven Plitt and Daniel Maldonaldo

    PDF

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

    PDF

    When is Parenthood Dissoluble?, Patrick Parkinson

    PDF

    When the “Hard Look” Is Soft: Reconciling Center for Biological Diversity v. Department of the Interior Within Ninth Circuit Environmental Precedent, Dustin M. Glazier

    PDF

    When We Cannot Deport, Is It Fair to Detain?: An Analysis of the Rights of Deportable Aliens Under 8 U.S.C 1231(a)(6) and the 1999 INS Interim Procedures Governing Detention, Daniel R. Dinger

    PDF

    Where Are They Now? A Look at the Effectiveness of RPS Policies , Melanie Grant

    PDF

    Where Conscience and Constitution Collide: An Argument for Federal Recognition of the Journalist's Privilege, Kristina M. Borenstein

    PDF

    Where (in the World) do Children Belong?, Annette Laquer Estin

    PDF

    Where the Past Implodes: The Historical and Constitutional Incompatibility of Griswold v. Connecticut, Keith David Willis

    PDF

    Where to Pray? A Survey Regarding Prayer Rooms in AB.A Accredited, Religiously Affiliated Law Schools, David L. Gregory

    PDF

    Which Crime Is It? The Role of Proportionality in Recidivist Sentencing After Ewing v. California, Richard H. Andrus

    PDF

    Which of the Preparatory Commission's Latest Proposals for the Definition of the Crime of Aggression and the Exercise of Jurisdiction Should Be Adopted into the Rome Statute of the International Criminal Court?, Rachel Peirce

    PDF

    Whither Copyright? Transformative Use, Free Speech, and an Intermediate Liability Proposal, John Tehranian

    PDF

    Who Decides and What Difference Does It Make?: Defining Marriage in "Our Democratic, Federal Republic", Kevin J. Worthen

    PDF

    Who Gets Counted? Jury List Representativeness for Hispanics in Areas with Growing Hispanic Populations Under Duren v. Missouri, Stephen E. Reil

    PDF

    Who is an Indian?: Duro v. Reina's Examination of Tribal Sovereignty and Criminal Jurisdiction over Nonmember Indians, Patricia Owen

    PDF

    Who Makes the Call on Capital Punishment? How Ring v. Arizona Clarifies the Apprendi Rule and the Implications on Capital Sentencing , Sim?n Cantarero

    PDF

    Who Makes the Call? Sentencing the Firearm User Under 18 U.S.C. § 924(c) inunited States v. Alborola-Rodriguez, David J. Williams

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    Who's Black, Who's Brown, and Who Cares?: A Legal Discussion of Hernandez v. Texas, Gilbert Bradshaw

    PDF

    Who Will Control the Future of Indian Gaming? "A Few Pages of History Are Worth a Volume of Logic", Kevin J. Worthen and Wayne R. Farnsworth

    PDF

    Why an Employer Does Not Have to Answer for Preventing an Employee with a Disability from Utilizing Corrective Measures: The Relationship Between Mitigation and Reasonable Acommodation, Thad LeVar

    PDF

    Why Aren't We Using that Intel Stuff? Using Reconnaissance Satellite Imagery in Domestic Disaster Prevention and Response, Carla Crandall

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    Why Can't Discrimination Be Discrimination? Johnson v. K Mart Corp. and the Meaning of "Discrimination" Under the Americans with Disabilities Act, Todd Prall

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    Why Preflight Searches of Airline Passengers Illustrate the Need for a New Constitutional Approach to the Fourth Amendment, Steven R. Minert

    PDF

    Why Rhode Island Never Showed Up and Its Impact on the Constitution, Michael Lewis

    PDF

    Why the J. Reuben Clark Law School? Dedicatory Address and Prayer of the J. Reuben Clark Law Building (September 5, 1975), Marion G. Romney

    PDF

    Why the National Popular Vote Compact is Unconstitutional, Norman R. Williams

    PDF

    Why the Politics of Marriage Matter: Evaluating Legal and Strategic Approaches on Both Sides of the Debate on Same-Sex Marriages, Kenneth K. Hsu

    PDF

    Why the Supreme Court Changed Its Mind About Government Aid to Religious Institutions: It's a Lot More than Just Republican Appointments, Douglas Laycock

    PDF

    Why the Taint to Religion?: The Interplay of Chance and Reason, Richard Stith

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    Wilderness Water Rights: The Status of Reserved Rights after the Tarr Opinion, Kenneth R. Wallentine

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    Will New York Recognize Same-Sex Marriage?: An Analysis of the Conflict-of-Laws' Public Policy Exception, Todd C. Hilbig

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    Witch Hunting: How America has Dealt Legally with Societal Threats From Salem to 9/11, Eric Boyd Vogeler

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    With Charity for All, Matthew S. Holland

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    Women, Equality, and the Federal Marriage Amendment, Comille S. Williams

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    Women of the Charter Class, Erin Bradley

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    Women's Law in Britain in the Tenth Century A.D.: A Comparison of Laws Relating to Women under Welsh Law and Anglo-Saxon Law, Lindsey Romankiw

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    Women's Rights in Early England, Christine G. Clark

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    Words of Hate, Words of Love, Constance K. Lundberg

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    Working the Unworkable Rule Established in Philip Morris: Acknowledging the Difference Between Actual and Potential Injury to Nonparties, Daniel Sulser Agle

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    Wrestling With The Bear: A Compact Approach to Water Allocation, Jeff Boyce

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    Wrongful Life-Impaired Infant's Cause of Action Recognized: Curlender v. Bio-Science Laboratories, Merrill F. Nelson

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    www.FranchiseDisclosure.com: Assessing the FTC's Proposed Franchise Rule Provisions Involving Electronic Disclosure, Perry C. Siatis

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    www.international_shoe.com: Analyzing Weber v. Jolly Hotel's Paradigm for Personal Jurisdiction in Cyberspace, Russell D. Shurtz

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    www.Sam·s_Stationery_and_Luncheonette.com: Bringing Ginsberg v. New York into the Internet Age, John Fee

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    www.wildwest.gov: The Impact of the Internet on State Power to Enforce the Law, Terrence Berg

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    “You Have the Right to Remain Silent”: Does the U.S. Constitution Require Public Affirmation of Same-Sex Marriage?, Robert A. Destro

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    "You Mean I Could've Saved the Farm?"-An Examination of the Notice Requirements, or Lack Thereof, of 7 U.S.C. § 1981a, Glen B. Collyer

    PDF

    Younger Abstention Doctrine: A Morass of Confusion, R. Gary Winger

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    Young v. Bayer Corp.: When is Notice of Sexual Harassment to an Employee Notice to the Employer?, Stanford Edward Purser

    PDF

    Youth Crime and the Choice Between Rules and Standards, Lee E. Teitelbaum

    PDF

    Zaire: The Positive Role of Religion in Nation Building, James N. MacKinlay

    PDF

    Zero-Sum Judicial Elections: Balancing Free Speech and Impartiality Through Recusal Reform, David K. Stott

    PDF

    Zoned for Residential Uses"-Like Prayer? Home Worship and Municipal Opposition in LeBlanc-Sternberg v. Fletcher, John M. Smith

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    Zoning the Internet: A New Approach to Protecting Children Online, Cheryl B. Preston

 
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