Brigham Young University

Brigham Young University Law School
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    43674 research outputs found

    A Rhetorical Revolution: the antithesis of the First Amendment

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    Unfit to Be Seen: Customer Preferences and the Americans with Disabilities Act

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    Davis County, Petitioner/Plaintiff, v. Purdue Pharma, L.P., Et Al., Respondents/Defendants : Brief of Appellant

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    BRIEF OF PETITIONER Interlocutory appeal from an order of the Honorable David M. Connorsin the Second Judicial District Cour

    LARRY BOYNTON, individually and on behalf of the heirs of BARBARA BOYNTON, Appellee/Cross-Appellant, vs. KENNECOTT UTAH COPPER, LLC, Appellant/Cross-Appellee, PHILLIPS 66 COMPANY, CONOCOPHILLIPS COMPANY, PACIFICORP, Cross-Appellees. : Brief of Appellant

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    CROSS-APPELLEE PACIFICORP\u27S RESPONSE BRIEF (On appeal from the Third JudicialDistrict Court, Salt Lake County,Civil No. 160902693, HonorableRandall N. Skanchy) ORAL ARGUMENT REQUESTE

    DAVIS COUNTY, Plaintiff/Appellant, vs. PURDUE PHARMA L.P., ET AL., Defendants/Appellees. : Brief of Appellee

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    APPELLEES\u27 RESPONSE BRIEF On interlocutory appeal from the Ruling and Order entered in theSecond District Court, the Honorable David M. Connors presiding.District case no. 180700870. Oral Argument Requeste

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    THE STATE OF UTAH, Plaintiff/ Appellee v. WAYNE LEE BURR & BLAINE LYNN BURR , Defendant/ Appellant : Brief of Appellant

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    Appeal from the Sixth Judicial District of Sevier County, Honorable Marvin D. Bagle

    JILLIAN SCOTT, Appellant, v. BRADLEY SCOTT, Appellee.

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    On appeal from the Third Judicial District Court, Salt Lake County, Honorable Robert P. Faust, District Court No. 12490356

    COUGAR CANYON LOAN, LLC, Appellee, v. THE CYPRESS FUND, LLC, CYPRESS MANAGEMENT, LLC, OLYMPUS CAPITAL ALLIANCE, LLC, CYPRESS CAPITAL III, LLC, ROBERT N. BAXTER, AND BLAIR M. WALKER, Appellants.

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    On appeal from the Third Judicial District Court, Salt Lake County, Honorable Robert Faus

    The Politics of the Law-Politics Dichotomy

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    Throughout American history, judges and legal scholars have articulated and maintained a sharp separation between law and politics. This essay asks the question: Why do so many judges and scholars devote so much time and energy to bolstering this law-politics dichotomy? Using William Baude and Stephen E. Sachs’s recent article “The Law of Interpretation as a Sp ringboard,” this essay explores the history and political valence of the dichotomy. From Baude and Sach’s perspective, politics is like a disease: if it infects legal interpretation, then it threatens the health of the judicial process. But the history of the law-politics dichotomy reveals that it empowers legal scholars to articulate and judges to implement their political preferences without acknowledging as much. Politics, it turns out, acts tacitly through legal and judicial processes

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