Brigham Young University

Brigham Young University Law School
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    43674 research outputs found

    State of Utah, Plaintiff/Appellee, v. Steven Williams, Defendant/Appellant : Brief of Appellee

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    Brief of Appellee Appeal from convictions for aggravated assault resulting inserious bodily injury, a second-degree felony; four counts ofdomestic violence in the presence of a child, all third-degreefelonies; and interference with an arresting officer, a class Bmisdemeanor, in the Third Judicial District, Salt Lake County,the Honorable Richard D. McKelvie presidin

    State of Utah, Plaintiff/Appellee, v. Steven Norman Powell, Defendant/Appellant : Brief of Appellee

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    Brief of Appellee Appeal from two convictions of lewdness, a third degreefelony, in the Third Judicial District, Salt Lake County, theHonorable Mark Kouris presidin

    Melanie Madsen Thatcher, Plaintiff and Appellee/Cross-Appellant, v. Michael Lang, Defendant and Appellant/Cross-Appellee : Brief of Appellent

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    SUPPLEMENTAL BRIEF FOR APPELLANT/CROSS-APPELLEEMICHAEL LANG On appeal from a judgment of the Fifth District Court for Washington County,The Honorable G. Michael Westfal

    Macaela Danyele Day, Appellee, v. Tyler Barnes, Appellant : Reply Brief

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    APPELLANT\u27S REPLY BRIEF APPEAL FROM FINAL ORDER REGARDING RELOCATION THE HONORABLE DAVID M. CONNORS PRESIDINGORAL ARGUMENT AND PUBLISHED OPINION REQUESTE

    State of Utah, Plaintiff/Appellee, v. Scott Alan Rasmussen, Defendant/Appellant : Brief of Appellee

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    Brief of Appellee Appeal from convictions for one count of tax evasion, asecond-degree felony, and three counts of failure to render atax return, third-degree felonies, in the Third Judicial District,Salt Lake County, the Honorable Roger S. Dutson presidin

    BYU Law School Faculty Listing

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    Frontmatter

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    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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    Civil religion and religious freedom in the Russian-Ukrainian conflict

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