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Full-Text Articles in Law
A Call For State Legislators To Reconsider Their Stance On School Choice And School Funding, Leah Blake
A Call For State Legislators To Reconsider Their Stance On School Choice And School Funding, Leah Blake
Brigham Young University Journal of Public Law
No abstract provided.
On Criminalizing Violent Speech, Amitai Etzioni
On Criminalizing Violent Speech, Amitai Etzioni
Brigham Young University Journal of Public Law
There is an increasingly high number of threats to kill, made by citizens against each other, and against public officials. These threats terrorize people, force them to take protective measures, make them reluctant to assume public office, and, when they do, make them feel as though they have to act cautiously. State and federal laws currently exist that prohibit such threats. This article examines the ways the courts have affected how these laws function. It concludes by suggesting ways these laws can be rendered more effective. Drawing on liberal communitarianism, this article seeks to offer practical recommendations for how the …
The Case Of The Smart City, Bruce Peabody, Kyle Morgan
The Case Of The Smart City, Bruce Peabody, Kyle Morgan
Brigham Young University Journal of Public Law
January 7, 2021, marked the seventy-fifth anniversary of Marsh v. Alabama, the case in which the Supreme Court of the United States extended the protections of the First and Fourteenth Amendments to a privately held “company town.” This article makes the case that the longstanding Marsh precedent, and the basic jurisprudential framework it set out, remain important in working through twenty-first century problems regarding public-private partnerships and their impact on constitutional rights. We bring this old ruling into our new century by extrapolating a hypothetical legal controversy from legislation currently under consideration in the states. Thus, the heart of our …