Unpacking Adaptability, Andreas Engert, D. Gordon Smith
D. Gordon Smith

Criminals behind the Veil: Political Philosophy and Punishment, Chad Flanders
Brigham Young University Journal of Public Law

Unsettled: How Climate Change Challenges a Foundation of Our Legal System, and Adapting the Legal State, Victor B. Flatt
BYU Law Review

Utilizing Prosecutorial Discretion to Reduce the Number of Juveniles with Disabilities in the Juvenile Justice System, Mary Willis
Brigham Young University Education and Law Journal

Firms and Fiduciaries, D. Gordon Smith
Faculty Scholarship

The Peril of Paroline: How the Supreme Court Made It More Difficult for Victims of Child Pornography, Janet Lawrence
BYU Law Review

How to Incite Crime with Words: Clarifying Brandenburg’s Incitement Test with Speech Act Theory, Bradley J. Pew
BYU Law Review

Mass Crimes Adjudication in Indonesia: Learning from the Cambodian Example, Renée Harrison
Brigham Young University International Law & Management Review

Establishing Russia's Responsibility for Cyber-Crime Based on Its Hacker Culture, Trevor McDougal
Brigham Young University International Law & Management Review

Justice Deferred is Justice Denied: We Must End Our Failed Experiment in Deferring Corporate Criminal Prosecutions, Peter R. Reilly
BYU Law Review

Imprisonment Inertia and Public Attitudes Toward "Truth in Sentencing", Michael O'Hear, Darren Wheelock
BYU Law Review

Eric Holder's Recent Curtailment of Mandatory Minimum Sentencing, Its Implications, and Prospects for Effective Reform, Alan Dahl
Brigham Young University Journal of Public Law

Essay: Philemon, Marbury, and the Passive-Aggressive Assertion of Legal Authority, Paul J. Larkin Jr.
Brigham Young University Journal of Public Law

What Color is the Number Seven? Category Mistakes Analysis and the "Legislative/Non-Legislative" Distinction, John Martinez
Brigham Young University Journal of Public Law

Can Retributivism be Saved?, Chad Flanders
BYU Law Review

The Best Interest Is the Child: A Historical Philosophy for Modern Issues, Lahny R. Silva
Brigham Young University Journal of Public Law

Creating Crimmigration, César Cuahtémoc García Hernández
BYU Law Review

What Lies Beneath: Interpretive Methodology, Constitutional Authority, and the Case of Originalism, Christopher J. Peters
BYU Law Review

Trans-Substantivity and the Processes of American Law, David Marcus
BYU Law Review

Taking Mistakes Seriously, Paul J. Larkin Jr.
Brigham Young University Journal of Public Law

Clark Memorandum: Spring 2013, J. Reuben Clark Law Society, BYU Law School Alumni Association, J. Reuben Clark Law School
The Clark Memorandum

The Forgotten Founding Document: Considering the Ends of the Law, A. Scott Loveless
Brigham Young University Journal of Public Law

Construing the Outer Limits of Sentencing Authority: A Proposed Bright-Line Rule for Noncapital Proportionality Review, Kevin White
BYU Law Review

Sidestepping Deference: How United States v. Ressam Encourages Overly Stringent Review of Sentencing Decisions, Joseph Leavitt
BYU Law Review

Modifying the Restrictions on Sentence Modification: United States v. Cobb, Jackie Bosshardt
BYU Law Review

Evil Has a New Name (And a New Narrative): Bernard Madoff, A. Christine Hurt
Faculty Scholarship

The Swinging Pendulum of Sentencing Reform: Political Actors Regulating District Court Discretion, Lydia Brashear Tiede
Brigham Young University Journal of Public Law

Unpacking Adaptability, Andreas Engert, D. Gordon Smith
Faculty Scholarship

Situating Emotion: A Critical Realist View of Emotion and Nonconscious Cognitive Processes for Law and Legal Theory, David J. Arkush
BYU Law Review

Cunningham v. California: The U.S. Supreme Court Painted Into a Corner, Jacob Strain
Brigham Young University Journal of Public Law

Proposition 36: Ignoring Amenability and Avoiding Accountability, Mehgan Porter
Brigham Young University Journal of Public Law

Holding Virtual Child Pornography Creators Liable By Judicial Redress: An Alternative Approach to Overcoming the Obstacles Presented in Ashcroft v. Free Speech Coalition, Daniel W. Bower
Brigham Young University Journal of Public Law

Which Crime Is It? The Role of Proportionality in Recidivist Sentencing After Ewing v. California, Richard H. Andrus
Brigham Young University Journal of Public Law

Who Makes the Call on Capital Punishment? How Ring v. Arizona Clarifies the Apprendi Rule and the Implications on Capital Sentencing , Sim?n Cantarero
Brigham Young University Journal of Public Law

Helping Children Through The Juvenile Justice Syste: A Guide For Utah Defense Attorneys, Paul Wake
Brigham Young University Journal of Public Law

United States v. Singleton and the Witness Gratuity Statute: What is the Best Approach for the Criminal Justice System?, Melissa W. Rawlinson
Brigham Young University Journal of Public Law

Factors Contributing to Juvenile Violence in Indian Communities, Larry EchoHawk
Brigham Young University Journal of Public Law

The Struggle Between Legal Theory and Practice: One Law Student's Effort to Maintain the "Proper" Balance, Fernando M. Pinguelo
Brigham Young University Education and Law Journal

Perception versus Reality: Postmodernism, Interpretation, and Truth in Religion and Law, Frederick Mark Gedicks
Faculty Scholarship

Crime and Punishment: The Eighth Amendment's Proportionality Guarantee After Harmlin v. Michigan, John C. Rooker
Brigham Young University Journal of Public Law