Part of the Criminal Law Commons
Abolishing the Evidence-Based Paradigm, Erin Collins BYU Law Review
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The Prudential Standing Quandary When Discriminatory, Facially Neutral Laws Allegedly Cause Collateral Damage, Richard Luedeman Brigham Young University Journal of Public Law
On Criminalizing Violent Speech, Amitai Etzioni Brigham Young University Journal of Public Law
Corruption in University Admissions and the Administrative Allocation of Scarce Goods, L. Burke Files, Roger E. Meiners, Andrew P. Morriss BYU Law Review
Obstruction of Justice: Redesigning the Shortcut, Ellen S. Podgor BYU Law Review
Re-Victimization of Domestic Violence Victims, Angela de la Garza Brigham Young University Journal of Public Law
“My Computer Is My Castle”: New Privacy Frameworks to Regulate Police Hacking, Ivan Škorvánek, Bert-Jaap Koops, Bryce Clayton Newell, Andrew Roberts BYU Law Review
Kill Me Through the Phone: The Legality of Encouraging Suicide in an Increasingly Digital World, Sierra Taylor BYU Law Review
Changing the Narrative: sex trafficking and its victims, Danica Baird Brigham Young University Journal of Public Law
Restoring Reputational Rights Through a Government Publication of a Declaration of Innocence, Brent Miller Brigham Young University Journal of Public Law
Restoring Reputational Rights Through a Government Publication of a Declaration of Innocence, Michael M. Berger Brigham Young University Journal of Public Law
Corpus Linguistics and the Criminal Law, Carissa Byrne Hessick BYU Law Review
Addressing Conflicts of Interest in the Context of Campus Sexual Violence, Talcott J. Franklin, Dennis C. Taylor, Ann Beytagh Brigham Young University Education and Law Journal
Criminals behind the Veil: Political Philosophy and Punishment, Chad Flanders Brigham Young University Journal of Public Law
The State of the States: The Continuing Struggle to Criminalize Revenge Porn, Justin Pitcher BYU Law Review
How to Incite Crime with Words: Clarifying Brandenburg’s Incitement Test with Speech Act Theory, Bradley J. Pew BYU Law Review
Criminalizing Non-Evacuation Behavior: Unintended Consequences and Undesirable Results, Brandon Curtis BYU Law Review
Justice Deferred is Justice Denied: We Must End Our Failed Experiment in Deferring Corporate Criminal Prosecutions, Peter R. Reilly 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
Title IX and the Dear Colleague Letter: An Ounce of Prevention is Worth a Pound of Cure, Nick Rammell Brigham Young University Education and Law Journal
Mercy in Immigration Law, Allison Brownell Tirres BYU Law Review
Creating Crimmigration, César Cuahtémoc García Hernández BYU Law Review
Punishing Pimps and Johns: Sex-Trafficking and Utah's Laws, Michelle Jeffs Brigham Young University Journal of Public Law
Taking Mistakes Seriously, Paul J. Larkin Jr. Brigham Young University Journal of Public Law
Defending the Preponderance of the Evidence Standard in College Adjudications of Sexual Assault, Amy Chmielewski Brigham Young University Education and Law Journal
The Constitution Limits of the "National Consensus" Doctrine in Eighth Amendment Jurisprudence, Kevin White BYU Law Review
The Violence Against Women Act, Federal Criminal Jurisdiction, and Indian Tribal Courts , Paul J. Larkin Jr., Joseph Lupino-Esposito Brigham Young University Journal of Public Law
United States v. Ruiz-Gaxiola: When Criminal Defendants Say No to Drugs, Adam Dayton BYU Law Review
Honest Services Fraud and the Fiduciary Relationship Requirement: How the Ninth Circuit Got It Wrong in United States v. Milovanovic, Samantha Hunter BYU Law Review
United States v. Renzi: Reigning in the Speech or Debate Clause to Fight Corruption in Congress PostRayburn, A.J. Green BYU Law Review
United States v. Wise: Is Failure to Stop for the Police a Sentence-Enhancing Crime of Violence?, Edan Burkett 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
Boumediene v. Bush: Habeas Corpus, Exhaustion, and the Special Circumstances Exception, Brandon C. Pond BYU Law Review
Cops, Robbers, and Search Engines: The Questionable Role of Criminal Law in Contributory Infringement Doctrine, Mark Bartholomew BYU Law Review
Confession and Mandatory Child Abuse Reporting: A New Take on the Constitutionality of Abrogating the Priest-Penitent Privilege, Samuel G. Brooks Brigham Young University Journal of Public Law
Protecting the Party Girl: A New Approach for Evaluating Intoxicated Consent, Christine Chambers Goodman BYU Law Review
The Aftermath of Crawford and Davis: Deconstructing the Sound of Silence, Kimberly D. Bailey BYU Law Review
Rockwell International, Pondcrete, and an A La Carte Three-Step Test for Determining an "Original Source" in Qui Tam Lawsuits, Matthew Lund BYU Law Review
Of Breaches of the Peace, Home Invasions, and Securities Fraud, A. Christine Hurt Faculty Scholarship
The Human Right of Self-Defense, David B. Kopel, Paul Gallant, Joanne D. Eisen Brigham Young University Journal of Public Law
Hudson v. Michigan: "Knock-and-Announce" — An Outdated Rule?, J. Spencer Clark Brigham Young University Journal of Public Law
The Personal Is Political-and Economic: Rethinking Domestic Violence, Deborah M. Weissman BYU Law Review
Criminal Law Beyond the State: Popular Trials on the Frontier, Andrea McDowell BYU Law Review
Proposition 36: Ignoring Amenability and Avoiding Accountability, Mehgan Porter Brigham Young University Journal of Public Law
Risky Business: Corruption, Fraud, Terrorism, & Other Threats to Global Business, Stuart Poole-Robb, Alan Bailey Brigham Young University International Law & Management Review
Recognizing Victims in the Federal Rules of Criminal Procedure: Proposed Amendments in Light of the Crime Victims' Rights Act, Paul G. Cassell BYU Law 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
The Third Wave of Crime Victims' Rights: Standing, Remedy, and Review, Douglas E. Beloof BYU Law Review
Prosecuting Members of the U.S. Military for Wartime Environmental Crimes, Eric Talbot Jensen, James J. Teixeira Jr. Faculty Scholarship
Proximate Cause and Civil RICO Standing: The Narrowly Restrictive and Mechanical Approach in Lerner v. Fleet Bank and Baisch v. Gallina, Ryan C. Morris BYU Law Review
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
A Custodial Suspect's Right to the Assistance of Counsel – The Ambivalence of Israeli Law Against the Background of American Law, Rinat Kitai Brigham Young University Journal of Public Law
Reservations About Retribution in Secular Society, Steven F. Huefner BYU Law Review
Not for the Sake of Punishment Alone: Comments on Viewing the Criminal Sanction Through Latter-day Saint Thought, Marguerite A. Driessen BYU Law Review
Viewing the Criminal Sanction Through Latter-day Saint Thought, Martin R. Gardner BYU Law Review
The Prisoner's Campaign: Felony Disenfranchisement Laws and the Right to Hold Public Office, Andrea Steinacker BYU Law Review
Russia's War on Political and Religious Extremism: An Appraisal of the Law "On Counteracting Extremist Activity", J. Brian Gross BYU Law Review
Diminished Capacity Departures for Compulsive Gambling: Punishing the Pathological or Pardoning the Common Criminal?, Justin W. Starr BYU Law Review
Gangs in Public Schools: A Survey of State Legislation, Jesse Christopher Cheng Brigham Young University Education and Law Journal
Threats, Free Speech, and the Jurisprudence of the Federal Criminal Law, G. Robert Blakey, Brian J. Murray BYU Law Review
Zero Tolerance or (In)Tolerance Policies? Weaponless School Violence, Due Process, and the Law of Student Suspensions and Expulsions: An Examination of Fuller v. Decatur Public School Board of Education School District, Kevin P. Brady Brigham Young University Education and Law Journal
The Duty to Protect: Blackstone's Doctrine of In Loco Parentis: A Lens for Viewing the Sexual Abuse of Students, Todd A. DeMitchell Brigham Young University Education and Law Journal
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
School Violence: The Call for a Critical Theory of Juvenile Justice, Karen L. Michaelis Brigham Young University Education and Law Journal
Who Makes the Call? Sentencing the Firearm User Under 18 U.S.C. § 924(c) inunited States v. Alborola-Rodriguez, David J. Williams BYU Law Review
The Role of "De Minimis" Injury in the Excessive Force Determination: Taylor v. McDuffie and the Fourth Circuit Stand Alone, Troy J. Aramburu Brigham Young University Journal of Public Law
A Psychological Approach to Understanding the Legal Basis of the No Duty to Rescue Rule, David N. Kelley Brigham Young University Journal of Public Law
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 Brigham Young University Journal of Public Law
Convicting Domestic Violence Abusers When the Victim Remains Silent, Tonya McCormick Brigham Young University Journal of Public Law
Brinkman v. Brinkman: Where Res Judicata Has Gone too Far, Rebekah B. Griffin Brigham Young University Journal of Public Law
Third-Party Consent Under the United States and Utah Constitutions: Should Utah Adopt the Federal Standard?, S. Matthew Cook BYU Law Review
Completing Klehr v. A.O. Smith Corp., and Resolving the Oddity and Lingering Questions of Civil RICO Statute of Limitations Accrual, Marcus R. Mumford BYU Law Review
Shifting the Paradigm in Child Pornography Criminalization: United States v. Maxwell, Chad R. Fears BYU Law Review
Adding Bite: A Response to State Ex Rel. McDougall v. Strohson (Cantrell, Real Party in Interest), Michael S. Wawro Brigham Young University Journal of Public Law
McNally Revisited: The "Misrepresentation Branch" of the Mail Fraud Statute a Decade Later, Christopher Q. Cutler Brigham Young University Journal of Public Law
On Multiculturalism, Concepts of Crime, and the "De Minimis" Defense, Stanislaw Pomorski BYU Law Review
Make It, Market It, and You May Have to Pay for It: An Evaluation of Gun Manufacturer Liability for the Criminal Use of Uniquely Dangerous Firearms in Light of In re 101 California Street, Joi Gardner Pearson BYU Law Review
There is No Such Thing as a Harmless Constitutional Error: Returning to a Rule of Automatic Reversal, James Edward Wicht III Brigham Young University Journal of Public Law
"Brainwashing" Claims and Minority Religions Outside the United States: Cultural Diffusion of a Questionable Concept in the Legal Arena, James T. Richardson BYU Law Review
Georgia v. McCollum: An Unprincipled and Potentially Unjust Ending to the Peremptory Challenge Cases, Eric E. Vernon BYU Law Review
Missing Tools in the Federal Prosectution of Child Abuse and Neglect, F. Chris Austin Brigham Young University Journal of Public Law
Prison Objectives and Human Dignity: Reaching a Mutual Accommodation, Melvin Gutterman BYU Law Review
Payne v. Tennessee: The Supreme Court Places Its Stamp of Approval on the Use of "Victim Impact Evidence" During Capital Sentencing Proceedings, Stephen M. Sargent BYU Law Review
Prosecutorial Discretion in an Adversary System, Kenneth J. MeUlli BYU Law Review
Searching for the Rule of Law in the Wake of Communism, George P. Fletcher BYU Law Review
International Extradition: Issues Arising Under the Dual Criminality Requirement, Jonathan O. Hafen BYU Law Review
Exporting United States Drug Law: An Example of the International Legal Ramifications of the "War on Drugs", D. Brian Boggess BYU Law Review
Michigan's Attempt at Curbing Drunk Drivers Under The Fourth Amendment: The Constitutionality of Sobriety Checkpoints, B. Gordon Beckstead Brigham Young University Journal of Public Law
Crime and Punishment: The Eighth Amendment's Proportionality Guarantee After Harmlin v. Michigan, John C. Rooker Brigham Young University Journal of Public Law
Legal Perspectives on the Slaying of Laban, John W. Welch Legal Worlds: Ancient and Modern, Sacred and Secular
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Corporate Officer Liability Under RCRA: Stringent but Not Strict, David T. Barton BYU Law Review
Reverse Rico Double Jeopardy Protection Under United States v. Esposito: Someone's in the Kitchen with Grady, but It's Not the Third Circuit, Scott Taylor Sheffer BYU Law Review
RICO's Section 1962(a) and the Investment Injury Rule: Is Big Business off the Hook?, Kristen Hayes Sorensen BYU Law Review
Is There a Rational Justification for Punishing an Accomplished Crime More Severely than an Attempted Crime? A Comment on Prof. Dr. Björn Burkhardt's Paper, Mordechai Kremnitzer Brigham Young University Journal of Public Law
The Legitimacy of Vigilanteism, Lloyd R. Cohen BYU Law Review
Standing and Liability of State and Local Government Under the Civil Rico Statute, Paul A. Hoffman BYU Law Review
Expanding on Borrowed Time: Agency Holding Corp. v. Malley-Duff & Associates, Michael H. Coons Sr. BYU Law Review
The Researcher as "Offender" and "Victim" - Comparative Observations as to Freedom and Responsibility of Science and Technology, Albin Eser BYU Law Review
The Revival of Involuntary Limited-Purpose Public Figures- Dameron v. Washington Magazine, Inc., David L. Wallis BYU Law Review
Jury Instructions for Civil and Criminal RICO Cases Approved by: RICO Cases Committee, Criminal Justice Section of the American Bar Association, BYU Law Review
Statutory Appendix, BYU Law Review
Insanity and Prevention: On Linking Culpability and Prevention in the Concept of Insanity, Karl Lackner BYU Law Review
Causing the Conditions of One's Own Defense: The Multifaceted Approach of German Law, Joachim Herrmann BYU Law Review
The Problem of Mistake in Self-Defense, Gunter Stratenwerth BYU Law Review
Imputation, Joachim Hruschka BYU Law Review
The Principle of Interest Balancing as a General Basis of Justification, Theodor Lenckner BYU Law Review
Problems of Justification and Excuse in the Setting of Accessorial Conduct, Hans-Ludwig Schreiber BYU Law Review
Justification and Excuse in Criminal Law: Theses and Comments, Winfried Hassemer BYU Law Review
Is There a Rational Justification for Punishing an Accomplished Crime More Severely Than an Attempted Crime?, Bjorn Burkhardt BYU Law Review
Interpretation and Analogy in Criminal Law, Wolfgang Naucke BYU Law Review
The Problem of Mistake of Law, Gunther Arzt BYU Law Review
Civil RICO Abuse: The Allegations in Context, Michael Goldsmith, Penrod W. Keith BYU Law Review
Utah's Manslaughter Statute: Walking the Tightrope Between Social Utility and Fair Culpability Assessmen, McCaye Christiansen BYU Law Review
Judge Wilkey's Contributions to Criminal Law, Donald B. Ayer BYU Law Review
Victim Reparation Programs: Learning From Experience, Byron L. Beck BYU Law Review
The Crime Control Act of 1968 and Cordless Telephones: State v. Howard, Scott C. Smith BYU Law Review
An Insider's Perspective on the Significance of the German Criminal Theory's General System for Analyzing Criminal Acts; Foreign Law, Wolfgang Naucke BYU Law Review
Double Jeopardy and Resentencing in Bifurcated Criminal Proceedings: Bullington v. Missouri, Enid Greene BYU Law Review
The Scope of the Judicially Implied Private Right of Action under Rule 10b-5: Shores v. Sklar, E. Douglas Clark BYU Law Review
Constitutional Law-Criminal Law-Pretrial Detainees May Be Subjected to Conditions of Confinement Reasonably Related to Legitimate Government Objectives-Bell v. Wolfish, 99 S. Ct. 1861 (1979)., BYU Law Review
United States Supreme Court 1977-1978 Term : Criminal Law Decisions, B. J. George Jr. BYU Law Review
Constitutional Law-Fair Warning of Retroactive Law Is Sufficient Compliance with the Ex Post Facto Clause-Do b bert v. Florida, BYU Law Review
Criminal Law-Comprehensive Drug Abuse Prevention and Control Act of 1970-Persons Who Acquire Joint Possession of Controlled Substance for Illegal Personal Use Are Not Guilty of Felonious Possession with "Intent to Distributev-United States v. Swiderski, BYU Law Review
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