Open Access. Powered by Scholars. Published by Universities.®

Political Science Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 30 of 40

Full-Text Articles in Political Science

The Courts And Foreign Affairs At The Founding, Kevin Arlyck Feb 2017

The Courts And Foreign Affairs At The Founding, Kevin Arlyck

BYU Law Review

No abstract provided.


The Political Theory Of Treaties In The Restatements Of Foreign Relations Law, John T. Parry Dec 2015

The Political Theory Of Treaties In The Restatements Of Foreign Relations Law, John T. Parry

BYU Law Review

No abstract provided.


The Proposed Restatement (Fourth) Of The Foreign Relations Law Of The United States: Treaties—Some Serious Procedural And Substantive Concerns, Leila Nadya Sadat Dec 2015

The Proposed Restatement (Fourth) Of The Foreign Relations Law Of The United States: Treaties—Some Serious Procedural And Substantive Concerns, Leila Nadya Sadat

BYU Law Review

No abstract provided.


The Death Of Deference And The Domestication Of Treaty Law, Harlan Grant Cohen Dec 2015

The Death Of Deference And The Domestication Of Treaty Law, Harlan Grant Cohen

BYU Law Review

No abstract provided.


A New Imperialism? Evaluating Russia’S Acquisition Of Crimea In The Context Of National And International Law, Trevor Mcdougal Dec 2015

A New Imperialism? Evaluating Russia’S Acquisition Of Crimea In The Context Of National And International Law, Trevor Mcdougal

BYU Law Review

No abstract provided.


Constraining Charming Betsy: Textual Ambiguity As A Predicate To Applying The Charming Betsy Doctrine, Andrew H. Bean Dec 2015

Constraining Charming Betsy: Textual Ambiguity As A Predicate To Applying The Charming Betsy Doctrine, Andrew H. Bean

BYU Law Review

No abstract provided.


Four Problems With The Draft Restatement’S Treatment Of Treaty Self-Execution, Carlos Manuel Vázquez Dec 2015

Four Problems With The Draft Restatement’S Treatment Of Treaty Self-Execution, Carlos Manuel Vázquez

BYU Law Review

No abstract provided.


Treaties And The Presumption Against Preemption, David H. Moore Dec 2015

Treaties And The Presumption Against Preemption, David H. Moore

BYU Law Review

No abstract provided.


What Should The Restatement (Fourth) Say About Treaty Interpretation?, Jean Galbraith Dec 2015

What Should The Restatement (Fourth) Say About Treaty Interpretation?, Jean Galbraith

BYU Law Review

The Restatement (Second) and Restatement (Third) of the Foreign Relations Law took notably different approaches to treaty interpretation, reflecting intervening changes in the legal landscape. This symposium contribution identifies five developments in international and domestic law since the Restatement (Third). It then considers their import for the forthcoming Restatement (Fourth). Most importantly, it argues that the Restatement (Fourth) should fully incorporate two articles on treaty interpretation from the Vienna Convention on the Law of Treaties into its black-letter provisions. Since the time of the Restatement (Third), these articles have become central to international practice on treaty interpretation, and the principles ...


A Textual Approach To Treaty Non-Self-Execution, Michael D. Ramsey Dec 2015

A Textual Approach To Treaty Non-Self-Execution, Michael D. Ramsey

BYU Law Review

No abstract provided.


Taming Madison’S Monster: How To Fix Self-Execution Doctrine, David L. Sloss Dec 2015

Taming Madison’S Monster: How To Fix Self-Execution Doctrine, David L. Sloss

BYU Law Review

No abstract provided.


Liberal Democracy And The Right To Religious Freedom, Aldir Guedes Soriano Jan 2014

Liberal Democracy And The Right To Religious Freedom, Aldir Guedes Soriano

BYU Law Review

Foremost, this paper examines the current situation of the rights to religious freedom and democracy around the world, which deserve attention and concern. Civil liberties are currently in crossfire. This article examines the foundations of the right to religious freedom. Depending on the philosophical foundations, there are two different rationales for the right to religious freedom: liberal and anti-liberal. According to the liberal tradition, the best reason to protect religious freedom rests upon the autonomy of the individual conscience. It is clear that a constitutional democracy does not allow the establishment of any religion by the government, using either executive ...


The Dual-Faceted Federalism Framework And The Derivative Constitutional Status Of Local Governments, Michael W. Cannon Dec 2012

The Dual-Faceted Federalism Framework And The Derivative Constitutional Status Of Local Governments, Michael W. Cannon

BYU Law Review

No abstract provided.


Immature Citizens And The State, Vivian E. Hamilton Nov 2010

Immature Citizens And The State, Vivian E. Hamilton

BYU Law Review

No abstract provided.


Suboptimal Executive Privilege, Stephen C. N. Lilley Dec 2009

Suboptimal Executive Privilege, Stephen C. N. Lilley

BYU Law Review

No abstract provided.


Theories Of Poverty/The Poverty Of Theory, Barbara Stark May 2009

Theories Of Poverty/The Poverty Of Theory, Barbara Stark

BYU Law Review

No abstract provided.


Protecting The Appropriations Power: Why Congress Should Care About Settlements At The Department Of Justice, Todd David Peterson May 2009

Protecting The Appropriations Power: Why Congress Should Care About Settlements At The Department Of Justice, Todd David Peterson

BYU Law Review

No abstract provided.


Deliberative Constitutionalism, John J. Worley May 2009

Deliberative Constitutionalism, John J. Worley

BYU Law Review

No abstract provided.


The Sound Of Congressional Silence: Judicial Distortion Of The Legislative-Executive Balance Of Power, Matthew Baker Mar 2009

The Sound Of Congressional Silence: Judicial Distortion Of The Legislative-Executive Balance Of Power, Matthew Baker

BYU Law Review

No abstract provided.


The New Biopolitics: Autonomy, Demography, And Nationhood, Jedediah Purdy Nov 2006

The New Biopolitics: Autonomy, Demography, And Nationhood, Jedediah Purdy

BYU Law Review

No abstract provided.


Religion, Law, And Judiciary In Modern India, Tahir Mahmood Sep 2006

Religion, Law, And Judiciary In Modern India, Tahir Mahmood

BYU Law Review

No abstract provided.


Religious Freedom And Democratic Change In Spain, Javier Martinez-Torron Sep 2006

Religious Freedom And Democratic Change In Spain, Javier Martinez-Torron

BYU Law Review

No abstract provided.


Defining One's Own Concept Of Existence And The Meaning Of The Universe: The Presumption Of Liberty In Lawrence V. Texas, Mitchell F. Park Sep 2006

Defining One's Own Concept Of Existence And The Meaning Of The Universe: The Presumption Of Liberty In Lawrence V. Texas, Mitchell F. Park

BYU Law Review

No abstract provided.


The Presidency And The Meaning Of Citizenship·, Malinda L. Seymore Nov 2005

The Presidency And The Meaning Of Citizenship·, Malinda L. Seymore

BYU Law Review

No abstract provided.


Making Politics De Minimis In The Political Process: The Unworkable Implications Of Cox V. Larios In State Legislative Redistricting And Reapportionment, James R. Dalton Dec 2004

Making Politics De Minimis In The Political Process: The Unworkable Implications Of Cox V. Larios In State Legislative Redistricting And Reapportionment, James R. Dalton

BYU Law Review

No abstract provided.


Islam And The Global Society: A Religious Approach To Modernity, Charles Mcdaniel May 2003

Islam And The Global Society: A Religious Approach To Modernity, Charles Mcdaniel

BYU Law Review

No abstract provided.


Preventive Peacemaking In Macedonia: An Assessment Of U.N. Good Offices Diplomacy, David J. Ludlow May 2003

Preventive Peacemaking In Macedonia: An Assessment Of U.N. Good Offices Diplomacy, David J. Ludlow

BYU Law Review

No abstract provided.


Human Rights, Foreign Policy, And Religious Belief: An Asiaflacific Perspective, Pamela A. Jefferies Sep 2000

Human Rights, Foreign Policy, And Religious Belief: An Asiaflacific Perspective, Pamela A. Jefferies

BYU Law Review

No abstract provided.


Gramsci, Hegemony, And The Law, Douglas Litowitz May 2000

Gramsci, Hegemony, And The Law, Douglas Litowitz

BYU Law Review

No abstract provided.


National Foreign Trade Council V. Natsios And The Foreign Relations Effects Test: Searching For A Viable Approach, Patrick J. Thurston May 2000

National Foreign Trade Council V. Natsios And The Foreign Relations Effects Test: Searching For A Viable Approach, Patrick J. Thurston

BYU Law Review

No abstract provided.