Saying What the Law Should Be, F. Andrew Hessick
BYU Law Review

Implications of Azar v. Allina Health Services on Rulemaking: How to Know When Notice and Comment is Required Under the Medicare Act, John Geilman
Brigham Young University Journal of Public Law

Christian Faith-Based Organizations as Third Party Interveners at the European Court of Human Rights, Eugenia Relaño Pastor
BYU Law Review

Compelling Suspects to Unlock Their Phones: Recommendations for Prosecutors and Law Enforcement, Carissa A. Uresk
BYU Law Review

Courts Beyond Judging, Michael C. Pollack
BYU Law Review

It’s Whose Party? Accurately Defining Political Parties in First Amendment Cases, MaKade Claypool
BYU Law Review

School to Students: Post That, and You Won't Play, Ashley Waddoups
BYU Law Review

Native American Religious Freedom as a Collective Right, Michael D. McNally
BYU Law Review

"To the Person": RFRA's Blueprint for a Sustainable Exemption Regime, Tanner Bean
BYU Law Review

Immigration Law's Looming RFRA Problem can be Solved by RFRA, Stephanie Acosta Inks
BYU Law Review

Changing Family Courts to Help Heal and Build Resilient Families, Carrie E. Garrow
BYU Law Review

Establishing Paternity Under the Indian Child Welfare Act, Carlie Smith
BYU Law Review

Courts as Information Intermediaries: A Case Study of Sovereign Debt Disputes, Sadie Blanchard
BYU Law Review

Tensions Underlying the Indian Child Welfare Act: Tribal Jurisdiction over Traditional State Court Family Law Matters, Elizabeth MacLachlan
BYU Law Review

The Federal Circuit's Summary Affirmance Habit, Andrew Hoffman
BYU Law Review

The Interplay of Majority and Minority Religious Rights and the Role of the Judiciary, Justice Tassaduq Hussain Jillani
BYU Law Review

Chevron’s Pure Questions: Searching for Meaning in Ambiguity, Neal A. Hoopes
BYU Law Review

Boundary Dispute: The Presumption Against Extraterritoriality as Judicial Nondelegation, Luke Bell
BYU Law Review

An Originalist Defense of Plyler v. Doe, Steven G. Calabresi, Lena M. Barsky
BYU Law Review

The Courts and Foreign Affairs at the Founding, Kevin Arlyck
BYU Law Review

Wonky Walden: The Dizzying New Personal Jurisdiction Rule, Adam Balinski
BYU Law Review

Forced Marriage at the Cambodian Crossroads: ECCC Can Develop a New Crime Against Humanity, Cameron Christensen
BYU Law Review

Constraining Charming Betsy: Textual Ambiguity as a Predicate to Applying the Charming Betsy Doctrine, Andrew H. Bean
BYU Law Review

Scout’s Honor: The Boy Scouts, Judicial Ethics, and the Appearance of Partiality, Daniel Ortner
BYU Law Review

The European Court of Human Rights Proclaims That It Will Neither Forgive Nor Forget Those Who Wage War, Shantel Talbot
Brigham Young University International Law & Management Review

An Incurable Malaise: Commonwealth v. Australian Capital Territory and Baskin v. Bogan as Symptoms of Early-Onset Dystopia, Neville Rochow
BYU Law Review

Commandments, Crosses, & Prayers: The Roberts Court’s Approach to Public Religion, Zachary D. Smith
BYU Law Review

Mormonism, Originalism, and Utah’s Open Courts Clause, Jarom R. Jones
BYU Law Review

Standing in for the State: Defending Ballot Initiatives in Federal Court Challenges, Joshua J. Bishop
BYU Law Review

Patent Claim Interpretation Review: Deference or Correction Driven?, Christopher A. Cotropia
BYU Law Review

The Heck Conundrum: Why Federal Courts Should Not Overextend the Heck v. Humphrey Preclusion Doctrine, Lyndon Bradshaw
BYU Law Review

Safeguarding the Commander's Authority to Review the Findings of a Court-Martial, Andrew S. Williams
Brigham Young University Journal of Public Law

Jury Nullification as a Tool to Balance the Demands of Law and Justice, Aaron McKnight
BYU Law Review

For the Times they Are A-Changin': Explaining Voting Patters of U.S. Supreme Court Justices through Identification of Micro-Publics, Jeff Yates, Justin Moeller, Brian Levey
Brigham Young University Journal of Public Law

Congressional Silence and the Statutory Interpretation Game, Paul Stancil
Faculty Scholarship

Originalism and Loving v. Virginia, Steven G. Calabresi, Andrea Matthews
BYU Law Review

Repudiating the Narrow Rule in Capital Sentencing, Scott W. Howe
BYU Law Review

Not a Free Press Court?, Lyrissa Barnett Lidsky
BYU Law Review

Moving Beyond Cameras in the Courtroom: Technology, the Media, and the Supreme Court, Mary-Rose Papandrea
BYU Law Review

Cameras in the Courtroom in the Twenty-First Century: The U.S. Supreme Court Learning From Abroad?, Kyu Ho Youm
BYU Law Review

The Monster in the Courtroom, Sonja R. West
BYU Law Review

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

Supreme Court Oral Argument Video: A Review of Media Effects Research and Suggestions for Study, Edward L. Carter
BYU Law Review

A Failure to Communicate, Erwin Chemerinsky
BYU Law Review

Cameras at the Supreme Court: A Rhetorical Analysis, Lisa T. McElroy
BYU Law Review

The Justices and News Judgment: The Supreme Court as News Editor, Amy Gajda
BYU Law Review

Implicit Balancing in the Adjudication of Criminal Law, Aaron Arnson
BYU Law Review

Mohamed v. Jeppesen Dataplan, Inc.: The Ninth Circuit Sends the Totten Bar Flying Away on the Jeppesen Airplane, Michael Q. Cannon
BYU Law Review

Judicial Takings in Vandevere v. Lloyd, Cory S. Clements
BYU Law Review

Marriage, Fundamental Premises, and the California, Connecticut, and Iowa Supreme Courts, Monte Neil Stewart, Jacob D. Briggs, Julie Slater
BYU Law Review

Preventing Divisiveness: The Ninth Circuit Upholds the 1954 Pledge Amendment in Newdow v. Rio Linda Union School District, Devin Snow
BYU Law Review

Chinese Judicial Culture: From Tradition to Modernity, Shen Deyong
Brigham Young University Journal of Public Law

Reaping the Benefits of Class Cerification: How and When Should "Significant Proof" Be Required Post-Dukes?, Julie Slater
BYU Law Review

Clark Memorandum: Spring 2011, J. Reuben Clark Law Society, BYU Law School Alumni Association, J. Reuben Clark Law School
The Clark Memorandum

Distilling Ashcroft: The Ninth Circuit’s Application of National Community Standards to Internet Obscenity in United States v. Kilbride, Eric B. Ashcroft
BYU Law Review

But What if the Court Reporter Is Lying? The Right to Confront Hidden Declarants Found in Transcripts of Former Testimony, Peter Nicolas
BYU Law Review

Replacing Context for Plain Meaning in United States v. Cox ,
BYU Law Review

Saving Stare Decisis: Preclusion, Precedent, and Procedural Due Process, Max Minzner
BYU Law Review

Bombed Away: How the Second Circuit Destroyed Fourth Amendment Rights of U.S. Citizens Abroad, Carla Crandall
BYU Law Review

Failure to Yield: How Wecht Might Ruin the Right to a Fair Trial , Landon Wade Magnusson
BYU Law Review

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

Opening the Rule 10b-5 Floodgates: Ninth Circuit Split in Gilead Sciences Leaves the Loss Causation Pleading Standard in Limbo , Brandon J. Stoker
BYU Law Review

Remedial and Coercive Administrative Proceedings Under Younger: The Tenth Circuit’s Test in Brown v. Day, Taylor G. Selim
BYU Law Review

In re Williams Securities Litigation—WCG Subclass: How Dura Met Daubert, Bryan L. Phipps
BYU Law Review

How the Tenth Circuit’s Ruling in Martinez v. Beggs Affects the Deliberate Indifference Standard for Eighth Amendment Claims, Chad Olsen
BYU Law Review

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

Golden Gate and the Ninth Circuit’s Threat to ERISA’s Uniformity and Jurisprudence , Landon Wade Magnusson
BYU Law Review

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

Catholic League for Religious and Civil Rights v. City of San Francisco: How the Ninth Circuit Abandoned Judicial Neutrality to Strike a Blow at Religion , Jonathan W. Heaton
BYU Law Review

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
BYU Law Review

Selman and Kitzmiller and the Imposition of Darwinian Orthodoxy, Robert J. D'Agostino
Brigham Young University Education and Law Journal

Juror Testimony of Racial Bias in Jury Deliberations: United States v. Benally and the Obstacle of Federal Rule of Evidence 606(b) , Brandon C. Pond
BYU Law Review

Lopez-Rodriguez v. Mukasey: The Ninth Circuit’s Expansion of the Exclusionary Rule in Immigration Hearings Contradicts the Supreme Court’s LopezMendoza Decision, Eric W. Clarke
BYU Law Review

Introduction to the First Annual Survey of the Ninth and Tenth Circuits,
BYU Law Review

Prosper Team, Inc. v. Workforce Appeals Board, Department of Workforce Services, and Matt Davis : Brief of Petitioner, Utah Court of Appeals
Utah Court of Appeals Briefs (2007– )

Do U.S. Courts Discriminate Against Treaties?: Equivalence, Duality, and Treaty Non-Self-Execution, David H. Moore
Faculty Scholarship

Close Enough for Government Work: The Committee Rulemaking Game, Paul Stancil
Faculty Scholarship

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

Boumediene v. Bush: Habeas Corpus, Exhaustion, and the Special Circumstances Exception, Brandon C. Pond
BYU Law Review

Ripe Standing Vines and the Jurisprudential Tasting of Matured Legal Wines—and Law & Bananas: Property and Public Choice in the Permitting Process, Donald J. Kochan
Brigham Young University Journal of Public Law

Policy, Uniformity, Discretion, and Congress’s Sentencing Acid Trip, Mark Osler
BYU Law Review

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

Clark Memorandum: Spring 2009, J. Reuben Clark Law Society, BYU Law School Alumni Association, J. Reuben Clark Law School
The Clark Memorandum

An Opinion Without Standards: The Supreme Court's Refusal to Adopt a Standard of Constitutional Review in District of Columbia v. Heller Will Likely Cause Headaches for Future Judicial Review of Gun-Control Regulations, Ryan L. Card
Brigham Young University Journal of Public Law

Locating the Mislaid Gate: Revitalizing Tinker by Repairing Judicial Overgeneralizations of Technologically Enabled Student Speech, Kenneth R. Pike
BYU Law Review

Actor Preference and the Implementation of INS v. Chadha, Darren A. Wheeler
Brigham Young University Journal of Public Law

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
Brigham Young University Journal of Public Law

The Parcel as a Whole: A Presumptive Structural Approach for Determining When the Government Has Gone Too Far, Keith Woffinden
BYU Law Review

A Personal Jurisdiction Dilemma: Collateral Attacks on Foreign Judgments in U.S. Recognition Proceedings, J. Chad Mitchell
Brigham Young University International Law & Management Review

"Manifest" Destiny?: How Some Courts Have Fallaciously Come To Require a Greater Showing of Congressional Intent for Jurisdictional Exhaustion Than They Require for Preemption, Colin Miller
BYU Law Review

The Court's Missed Opportunity in Harper v. Poway, Andrew Canter, Gabriel Pardo
Brigham Young University Education and Law Journal

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

Gonzales-Lopez and Its Bright-Line Rule: Result of Broad Judicial Philosophy or Context-Specific Principles?, Jacob D. Briggs
BYU Law Review

The Hague Convention on Choice of Court Agreements: Creating an International Framework for Recognizing Foreign Judgements, Matthew B. Berlin
Brigham Young University International Law & Management Review

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

Early Panel Announcement, Settlement, and Adjudication, Samuel P. Jordan
BYU Law Review

Who's Black, Who's Brown, and Who Cares?: A Legal Discussion of Hernandez v. Texas, Gilbert Bradshaw
Brigham Young University Education and Law Journal

Determining Adequacy: How Courts Are Redefining State Responsibility for Educational Finance, Goals, and Accountability, Regina R. Umpstead
Brigham Young University Education and Law Journal

Church-State Relations in the European Court of Human Rights, Carolyn Evans, Christopher A. Thomas
BYU Law Review

The Supreme Court and Same-Sex Marriage: A Prediction , Robert E. Riggs
Brigham Young University Journal of Public Law

The Supreme Court and Affirmative Action in Public Education, with Special Reference to the Michigan Cases, Philip C. Aka
Brigham Young University Education and Law Journal

Fixing the Constable's Blunder: Can One Trial Judge in One County in One State Nudge a Nation Beyond the Exclusionary Rule?, H. Mitchell Caldwell
BYU Law Review

Getting It Right by Getting It Wrong: How the Supreme Court Helped Healthcare Reform by Incorrectly Applying the Standard of Review in Pharmaceutical Research and Manufacturers of America v. Walsh, Brian Y. Furuya
Brigham Young University Journal of Public Law

Cheater's Proof: Excessive Judicial Deference toward Educational Testing Agencies May Leave Accused Examinees No Remedy to Clear Their Names, Aron E. Goldschneider
Brigham Young University Education and Law Journal

Scott Ockey and Catherine Condas v. Iron Mountain Alliance, Inc., Iron Mountain Holding Group L.C., Iron Mountain Associates, LLC, White Pine Associates, Inc., George Condas, Nick J. Condas, Chris Condas, Ellen Bayas, John Lehmer, Alexandra Ockey, John COndas, Susi Kontgis, Marina Condas, Hermione Bayas, Ellen Ockey-Johnson, Keith Kelley, Walt Brett and Tom Guald: Reply Brief, Utah Court of Appeals
Utah Court of Appeals Briefs (1996–2006)

Use of WTO Decisions in Judicial Review of Adminstrative Action Under U.S. Antidumping Law, Dan Nichols
Brigham Young University International Law & Management Review

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

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

Reconsidering Absolute Prosecutorial Immunity, Margaret Z. Johns
BYU Law Review

In re Anderson and the Removal of Utah State Court Judges: The Supreme Court of Utah and its Review of Judicial Conduct Commission Orders, Daniel Swinton
Brigham Young University Journal of Public Law

Reconsidering the Constitutionality of Federal Sentencing Guidelines After Blakely: A Former Commissioner's Perspective, Michael Goldsmith
BYU Law Review

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

An Open Question in Utah's Open Courts Jurisprudence: The Utah Wrongful Life Act and Wood v. University of Utah Medical Center, Glenn E. Roper
BYU Law Review

Ten Years of Pena: Revisiting the Utah Mixed Question Standard of Appellate Review, Andrew Franklin Peterson
Brigham Young University Journal of Public Law

A Proposed Solution to Jury Confusion in Patent Infringement Cases Involving Means-Plus-Function Claims, Tony Caliendo
BYU Law Review

Trying to Push a Square Peg through a Round Hole: Why the Higher Education Style of Strict Scrutiny Review Does Not Fit When Courts Consider K-12 Admissions Programs, James Nial Robinson II
Brigham Young University Education and Law Journal

The Supreme Court and Pledge of Allegiance: Does God Still Have a Place in American Schools?, Charles J. Russo
Brigham Young University Education and Law Journal

Kitches and Zorn v. Yong Woo Kim : Reply Brief, Utah Court of Appeals
Utah Court of Appeals Briefs (1996–2006)

When Can Courts Compel Federal Agencies to Act to Protect the Public Lands?, James R. Rasband
Faculty Scholarship

Compounding the Countermajoritarian Difficulty Through "Plaintiff's Diplomacy": Can the International Criminal Court Provide a Solution?, John B. Fowles
BYU Law Review

Intervening in the Case (or Controversy): Article III Standing, Rule 24 Intervention, and the Conflict in the Federal Courts, Tyler R. Stradling, Doyle S. Byers
BYU Law Review

Advisory Juries and Their Use and Misuse in Federal Tort Claims Act Cases, Matthew L. Zabel
BYU Law Review

Threats Made, Threats Posed School and Judicial Analysis in Need of Redirection, Sarah E. Redfield
Brigham Young University Education and Law Journal

One Small Step for Women: Female-Friendly Provisions in the Rome Statute of the International Criminal Court, Rana Lehr-Lehnardt
Brigham Young University Journal of Public Law

Different Strokes for Different Folks: Balancing the Treatment of Employers and Employees in Employment Discrimination Cases in Courts within the Tenth Circuit Court of Appeals, Ruben H. Arredondo
Brigham Young University Journal of Public Law

Small Claims Courts, Steve Averett
Brigham Young University Journal of Public Law

Balancing "Parents Are" and "Parents Do" in the Supreme Court's Constitutionalized Family Law: Some Implications for the ALI Proposals on De Facto Parenthood, David M. Wagner
BYU Law Review

Single-Sex "Marriage": The Role of the Courts, Lino A. Graglia
BYU Law Review

Freedom of Religion in the Case Law of the Spanish Constitutional Court, Javier Martinez-Torron
BYU Law Review

Perspectives on Freedom of Conscience and Religion in the Jurisprudence of Constitutional Courts, Leszek Lech Garlicki
BYU Law Review

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
Brigham Young University Journal of Public Law

The Supreme Court and the Establishment Clause at the Dawn of the New Millennium: "Bristl[ing] with Hostility to All Things Religious" or Necessary Seperation of Church and State?, Charles J. Russo, Ralph D. Mawdsley
Brigham Young University Education and Law Journal

RHN Corporation, a Utah Corporation v. J. Alton Veibell and Willow Creek Water Company. C.C., a Utah Limited Liability Company: Reply Brief, Utah Supreme Court
Utah Supreme Court Briefs (2000– )

Kathleen g. Arnovick, Valerie L. Cox, Henry B. Wansker v. Respondent : Brief of Respondent, Utah Supreme Court
Utah Supreme Court Briefs (2000– )

Perspectives on Religious Freedom fiom the Vantage Point of the European Court of Human Rights, Willi Fuhrmann
BYU Law Review

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
Brigham Young University Journal of Public Law

Protecting the Sacred Sites of Indigenous People in U.S. Courts: Reconciling Native American Religion and the Right to Exclude, Kevin J. Worthen
Faculty Scholarship

Sterling B. Cannon, George H. Maxwell, Dave Davis, Art Van Luyx, and Terry Teeples v. Stevens Schools of Business, Inc. : Response to Petition for Rehearing, Utah Supreme Court
Utah Supreme Court Briefs (2000– )

Larry B. Rentmeister v. June R. DeSilvia, James Howard Rentmeister, Donald Neil Rentmeister, Trustees of the Estate of Della Zillah C. Rentmeister : Brief of Respondent, Utah Supreme Court
Utah Supreme Court Briefs (2000– )

Collective Rights Adjudication in U.S. Courts: Enforcing Human Rights at the Corporate Level, Kathryn L. Boyd
BYU Law Review

Humenansky v. Regents of the University of Minnesota: Questioning Congressional Intent and Authority to Abrogate Eleventh Amendment Immunity with the ADEA, Eric Hunter
BYU Law Review

Greasing the Squeaky Wheels of Justice: Designing the Bankruptcy Courts of the Twenty-First Century, Christopher F. Carlton
Brigham Young University Journal of Public Law

Clark Memorandum: Spring 1999, J. Reuben Clark Law Society, J. Reuben Clark Law School
The Clark Memorandum

Secularism and the Supreme Court, George W. Dent Jr.
BYU Law Review

Sierra Club v. San Antonio: In Search of the Appropriate Application of the Burford Abstention, David Carter
Brigham Young University Journal of Public Law

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

Congressional Power Over Federal Court Jurisdiction: A Defense of the Neo-Federalist Interpretation of Article IIl, Robert J. Pushaw Jr.
BYU Law Review

Rescuing Multidistrict Litigation From The Altar of Expediency, Carter G. Phillips, Gene C. Schaerr, Anil K. Abraham
BYU Law Review

Extending the Due Process Clause to Prevent a Previously Recused Judge from Later Attempting to Affect the Case from Which He Was Recused, S. Matthew Cook
BYU Law Review

Erie Awry: A Comment on Gasperini v. Center for Humanities, Inc., C. Douglas Floyd
BYU Law Review

Nkacoang u. INS: A Complementary Theory for Denying Reinstatement of Voluntary Departure, Richard Cameron Blake
BYU Law Review

Five Supreme Court Constitutions: Race-Based Scrutiny Past, Present, and Future, David Zimmerman
Brigham Young University Journal of Public Law

Defining Political Corruption: The Supreme Court's Role, Paul S. Edwards
Brigham Young University Journal of Public Law

West Valley City v. Lynn Poulsen : Reply Brief, Utah Court of Appeals
Utah Court of Appeals Briefs (1996–2006)

The Foreign Amici Dilemma, Stephen A. Plass
BYU Law Review

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

Arthur Miller's Death of a Doctrine or Will the Federal Courts Abstain from Abstaining? The Complex Litigation Recommendations' Impact on the Abstention Doctrine, William A. Calhoun II
BYU Law Review

The Power of Congress over Courts in N onfederal Cases, Louise Weinberg
BYU Law Review

The ALI's Complex Litigation Project and Federal-To-State Consolidation: A Due Process Analysis of Granting to State Courts Nationwide Personal Jurisdiction, Deborah Dunn
BYU Law Review

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
BYU Law Review

Supreme Court Voting Behavior: 1992 Term, Richard G. Wilkins, Troy R. Braegger, James L. Kimball III
Brigham Young University Journal of Public Law

Rethinking Federal Judicial Selection,
BYU Law Review

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

State v. Thomas and the McDonough Test: A Safety Net Proposal to Cure the Square Peg-Round Hole Dilemma, Lisabeth Joner
BYU Law Review

A New Antidote for an Opponent's Pretrial Discovery Misconduct: Treating the Misconduct at Trial as an Admission by Conduct of the Weakness of the Opponent's Case, Edward J. Imwinkelried
BYU Law Review

Georgia v. McCollum: An Unprincipled and Potentially Unjust Ending to the Peremptory Challenge Cases, Eric E. Vernon
BYU Law Review

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

Employment Division v. Smith and the Decline of Supreme Court-Centrism, Ira C. Lupu
BYU Law Review

Judicial Activism and the Administration of Civil Rights Policy, Kenyon D. Bunch, Grant B. Mindle
Brigham Young University Education and Law Journal

Inherent Sanctioning Power in the Federal Courts After Chambers v. NASCa, Inc., Stephen K. Christiansen
BYU Law Review

Splintered Decisions, Implicit Reversals, and the Lower Federal Courts: Planned Parenthood v. Casey, William G. Peterson
BYU Law Review

Supreme Court Voting Behavior: 1990 Term, Robert E. Riggs, Guy L. Black
Brigham Young University Journal of Public Law

Supreme Court Voting Behavior: 1991 Term, Richard G. Wilkins, James L. Kimball III, Troy R. Braegger
Brigham Young University Journal of Public Law

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

Interpreting Statutes Faithfully-Not Dynamically, Craig W. Dallon
BYU Law Review

A Fixed Principle Approach to Statutory Construction: The Glass-Steagall Act As a Test Case, Vincent Di Lorenzo
BYU Law Review

The Monroe Mystery Solved: Beyond the "Unhappy History" Theory of Civil Rights Litigation, Louise Weinberg
BYU Law Review

Dealing with Younger Abstention as a Part of Federal Courts Reform-The Role of the Vanishing Proposal, George D. Brown
BYU Law Review

Against an Elite Federal Judiciary: Comments on the Report of the Federal Courts Study Committee, Michael Wells
BYU Law Review

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

Abstention and the Constitutional Limits of the Judicial Power of the United States, Calvin R. Massey
BYU Law Review

Pragmatism Without Politics-A Half Measure of Authority for Jurisdictional Common Law, Gene R. Shreve
BYU Law Review

Multiple Jury Formats and Civil Litigation: Arnold v. Eastern Airlines, David S. Chipman
BYU Law Review

Patent Venue: One More Attempt to Broaden the Statute, David Fogg
BYU Law Review

Rule 11 and Federalizing Lawyer Ethics, Judith A. McMorrow
BYU Law Review

Supreme Court Voting Behavior: 1989 Term, Robert E. Riggs, Mark T. Urban
Brigham Young University Journal of Public Law

Jim Hunsaker, individually and on behalf of the deceased Maurine F. Hunsaker, and Betty Sudweeks on behalf of Matt Hunsaker, Nicholas Hunsaker, and Dana Hunsaker, minor children of Jim and Maurine F. Hunsaker v. State of Utah, a body politic, Gary Deland as director of the Utah State Department of Corrections, The Utah State Department of Corrections, The Utah State Board of Pardons and Parole, Myron March as the director of the Utah State Department of Adult Probation and Parole, Ray Wall, as the Regional Supervisor, Region III of Utah State Department of Adult Probation and Parole, Kent Jones and Joe Smout, as Supervisors of John Shepherd of the Utah State Department of Adult Probation and Parole, John Shepherd, in his capacity as parole officer, Utah State Department of Adult Probation and Parole, Ralph Leroy Menzies, Gas-A-Mat Oil Corp of Colarado, a Colorado corporation and John Does I-V : Brief of Appellant, Utah Supreme Court
Utah Supreme Court Briefs (through 1999)

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

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

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

The Jury's Role in Capital Cases is Immune From Judicial Interference, Raoul Berger
BYU Law Review

Defining the Role of the Federal Courts, Erwin Chemerinsky, Larry Kramer
BYU Law Review

Retroactivity and the Great Writ: How Congress Should Respond to Teague v. Lane, Joseph L. Hoffmann
BYU Law Review

Diversity Jurisdiction, Larry Kramer
BYU Law Review

Social Security Disability Determinations: Recommendations for Reform, Richard E. Levy
BYU Law Review

Fine-Tuning Judicial Federalism: A Proposal for Reform of the Anti-Injunction Act, Diane P. Wood
BYU Law Review

An Analysis of Supplemental Jurisdiction and Abstention with Recommendations for Legislative Action, Rex E. Lee, Richard G. Wilkins
BYU Law Review

Jurisdiction Over Civil Tax Cases, Larry Kramer
BYU Law Review

Specialized Adjudication, Rochelle Cooper Dreyfuss
BYU Law Review

Caseload and Judging: Judicial Adaptations to Caseload, Lauren K. Robel
BYU Law Review

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

Rationalizing Removal, Charles Rothfeld
BYU Law Review

Evidentiary Hearings in Federal Habeas Corpus Cases, Charles D. Weisselberg
BYU Law Review

Introduction, Richard A. Posner
BYU Law Review

Strandell v. Jackson County and G. Heileman Brewing Co. v. Joseph Oat Corp.: The Failure of the Seventh Circuit Court of Appeals to Narrow the Interpretation of Rule 16 and Limit the Inherent Power Doctrine, Farol Parco
Brigham Young University Journal of Public Law

Supreme Court Voting Behavior: 1988 Term, Robert E. Riggs
Brigham Young University Journal of Public Law

The Case for Bankruptcy Appellate Panels, Thomas E. Carlson
BYU Law Review

Battle For Justice: How the Bork Nomination Shook America, Arthur Austin
BYU Law Review

Inconsistent Standards of Substantive Due Process In Economic Regulations: A Result of the Federalist System of Government, Keith L. Hendricks
Brigham Young University Journal of Public Law

Supreme Court Voting Behavior: 1987 Term, Robert E. Riggs, Michael R. Moss
Brigham Young University Journal of Public Law

Substantive Due Process Challenges: Are They Creeping into Education under a New Standard of Review?, Keith Hendricks
Brigham Young University Journal of Public Law

Supreme Court Voting Behavior: 1986 Term, Robert E. Riggs
Brigham Young University Journal of Public Law

Mont R. Anderson, Personal Representative of the Estate of Cloyd H. Brinkerhoff, Lena Brinkerhoff, and Mark J. Brinkerhoff v. Elsie Brinkeroff, Golda B. Adair, Warren Brinkerhoff, Arlene B. Goulding, John Does I through V : Brief of Appellant, Utah Court of Appeals
Utah Court of Appeals Briefs (through 1995)

Philip Timothy dba Timothy Enterprises v. Ray W. Pease and Corrine Pease dba Norco Drilling Service : Brief of Respondent, Utah Supreme Court
Utah Supreme Court Briefs (through 1999)

Bagley Corporation and Gerald H. Bagley v. Virginia Beach Federal Savings and Loan Association,Guaranty Northstate, Northstate Savings and Loan of Southern Pines, Atlantic Permanent Federal, Jefferson Savings and Loan, William T. Blair, Jr., William H. Bandy, Harry H. Knickerbocker, T. Linwood May, Nancy Bolten, John Livingstone, J. Rutherford, The Jeremy, Ltd., Jeremy Service Corporation, and Associated Title Company, Inc : Reply Brief, Utah Supreme Court
Utah Supreme Court Briefs (through 1999)

Clark Memorandum: Spring/Summer 1987, J. Reuben Clark Law School, J. Reuben Clark Law Society
The Clark Memorandum

Injunctive Relief in the United States Claims Court: Does a Bid Protester Have Standing?, Steven R. Sumsion
BYU Law Review

Confronting Unforeseen Problems Under 28 U.S,C. § 1631: The Tenth Circuit Struggles to Properly Dispose of Tucker Act Claims Within the Exclusive Jurisdiction of the Claims Court, Paul L. Caron
BYU Law Review

Muddying the Unclear Waters of Standing: Allen v. Wright, Larry S. Jenkins
BYU Law Review

Justice O'Connor: A First Term Appraisal, Robert E. Riggs
BYU Law Review

Standing Versus Justiciability: Recent Developments in Participatory Suits Brought by Congressional Plaintiffs, David G. Mangum
BYU Law Review

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

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

Federal Appeals Court's State Law Ruling Entitled to Conclusive Deference: Factors Etc., Inc. v. Pro Arts, Inc., J. Stanton Curry
BYU Law Review

Circuit Council Reform: A Boat Hook for Judges and Court Administrators, Michael J. Remington
BYU Law Review

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

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

Federal Review, Finalty of State Court Decisions, and a Proposal for a National Court of Appeals-A State Judge's Solution to a Continuing Problem, James Duke Cameron
BYU Law Review

Fifth Circuit Court of Appeals Reorganization Act of 1980, Robert A. Ainsworth Jr.
BYU Law Review

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

The Training of Court Managers, Harvey E. Solomon
BYU Law Review

Judicial Administration-The Human Factors, Howard T. Markey
BYU Law Review

Extending the Limits of Judicial Review of Regulator Orders: Committee of Consumer Services v. Public Service Commission, Kenneth M. Anderson
BYU Law Review

Expanding Federal Court Jurisdiction of Railway Labor Minor Disputes: Richins v. Southern Pacific, Richard H. Page
BYU Law Review

Can the Federal Courts Keep Order in Their Own House? Appellate Supervision Through Mandamus and Orders of Judicial Councils, Brent D. Ward
BYU Law Review

Tribal Sovereignty and the Supreme Court's 1977-1978 Term,
BYU Law Review

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

Justice John Paul Stevens : A11 Initial Assessment, Branch Y. Ball, Thomas M. Uhlma
BYU Law Review

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

Federal Courts-Rules of Civil Procedure-Postjudgment Motion to Intervene to Appeal Denial of Class Certification is Timely-United Airlines, Inc. v. McDonald,
BYU Law Review

Opening Pandora's Box: Asking Judges and Attorneys To React to the Videotape Trial, Robert J. Grow, Robert A. Johnson
BYU Law Review

Critique - Data in Search of Theory in Search of Policy: Behavioral Responses to Videotape in the Courtroom, Gordon Bermant
BYU Law Review

Symposium: The Use of Videotape in the Courtroom, Tom C. Clark
BYU Law Review

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