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Full-Text Articles in Law
Reclaiming Humphrey’S Executor: Expertise And Impartiality In The Ftc, Thomas Smith
Reclaiming Humphrey’S Executor: Expertise And Impartiality In The Ftc, Thomas Smith
Brigham Young University Journal of Public Law
The commissioners of the Federal Trade Commission (FTC) sit just beyond the president’s removal power, for now. The U.S. Supreme Court has all but overruled Humphrey’s Executor, which declared the constitutionality of the FTC’s statutory protections from at-will presidential removal. Recent rulings in Seila Law, Free Enterprise Fund, and Collins held that restrictions on the president’s removal of various government agency officials are unconstitutional. Despite these cases, the Court has not directly overruled Humphrey’s Executor, and in theory, its precedent still provides the FTC commissioners with protection from the president’s removal power. However, the modern FTC is easily distinguishable from …
Recapturing The Orphan Drug Act: An Analysis Of Proposals, Rajdeep Trilokekar
Recapturing The Orphan Drug Act: An Analysis Of Proposals, Rajdeep Trilokekar
Brigham Young University Journal of Public Law
No abstract provided.
Corporate Purpose And The Separation Of Powers, Benjamin T. Seymour
Corporate Purpose And The Separation Of Powers, Benjamin T. Seymour
Brigham Young University Journal of Public Law
Despite its intense focus on inter-jurisdictional competition, corporate law scholarship has thus far overlooked the influence of inter-branch competition on business organizations. This Article shows how interbranch struggles for control over corporations catalyzed the advent of modern corporate law and helped propel Delaware to its dominant position in the market for corporate charters. For centuries, the legislature, judiciary, and executive vied for the decisive role in dictating the means and ends of corporations. Through the nineteenth century, competition among the branches produced a dysfunctional and volatile relationship between government and private enterprise, with each branch successively assuming a leading role …
Safety Net Or Trap? A Policy-Oriented Analysis Of The Public Sex Offender Registry As Compelled Speech, Ann Weigly Deam
Safety Net Or Trap? A Policy-Oriented Analysis Of The Public Sex Offender Registry As Compelled Speech, Ann Weigly Deam
Brigham Young University Journal of Public Law
No abstract provided.
A Constitutional Right To A Functioning United States Government? Are Government Shutdowns Unconstitutional?, Allen Shoenberger
A Constitutional Right To A Functioning United States Government? Are Government Shutdowns Unconstitutional?, Allen Shoenberger
Brigham Young University Journal of Public Law
No abstract provided.
Presidential Immunity From Prosecution: Tolling The Statute Of Limitations, Margit Livingston
Presidential Immunity From Prosecution: Tolling The Statute Of Limitations, Margit Livingston
Brigham Young University Journal of Public Law
No abstract provided.
The Medicare Problem: A Solution To Insolvency, Oscar Castro
The Medicare Problem: A Solution To Insolvency, Oscar Castro
Brigham Young University Journal of Public Law
No abstract provided.
"Standing" On Formality: Hollingsworth V. Perry And The Efficacy Of Direct Democracy In The United States, Matthew Melone, George A. Nation Iii
"Standing" On Formality: Hollingsworth V. Perry And The Efficacy Of Direct Democracy In The United States, Matthew Melone, George A. Nation Iii
Brigham Young University Journal of Public Law
No abstract provided.
How The Signing Statement Thought It Killed The Veto; How The Veto May Have Killed The Signing Statement, Jeremy M. Seeley
How The Signing Statement Thought It Killed The Veto; How The Veto May Have Killed The Signing Statement, Jeremy M. Seeley
Brigham Young University Journal of Public Law
No abstract provided.
Did The Sky Really Fall? Ten Years After California's Proposition 209 , Eryn Hadley
Did The Sky Really Fall? Ten Years After California's Proposition 209 , Eryn Hadley
Brigham Young University Journal of Public Law
No abstract provided.
Long-Range Highway Corridor Preservation: Issues, Methods And Model Legislation, David A. Thomas, Robert S. Payne
Long-Range Highway Corridor Preservation: Issues, Methods And Model Legislation, David A. Thomas, Robert S. Payne
Brigham Young University Journal of Public Law
No abstract provided.
Utah Zoning Law And Proposals For Legislative Change, Richard S. Dalebout
Utah Zoning Law And Proposals For Legislative Change, Richard S. Dalebout
Brigham Young University Journal of Public Law
No abstract provided.
The Civil Rights Act Of 1991'S Answer To Lorance V. At&T Technologies, Inc., R. Chet Loftis
The Civil Rights Act Of 1991'S Answer To Lorance V. At&T; Technologies, Inc., R. Chet Loftis
Brigham Young University Journal of Public Law
No abstract provided.
Legislative Update On The State Adoption Of The 1987 Revision To The Uniform Anatomical Gift Act Of 1968, Daphne D. Sipes
Legislative Update On The State Adoption Of The 1987 Revision To The Uniform Anatomical Gift Act Of 1968, Daphne D. Sipes
Brigham Young University Journal of Public Law
No abstract provided.