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Brigham Young University Law School

Constitutional Law

2013

Journal

Articles 1 - 7 of 7

Full-Text Articles in Law

The Meaning Of Science In The Copyright Clause, Ned Snow May 2013

The Meaning Of Science In The Copyright Clause, Ned Snow

BYU Law Review

The Constitution premises Congress's copyright power on promoting "the Progress of Science." The word Science therefore seems to define the scope of copyrightable subject matter. Modern courts and commentators have subscribed to an originalist view of Science, teaching that Science meant general knowledge at the time of the Framing. Under this interpretation, all subject matter may be copyrighted because expression about any subject increases society's store of general knowledge. Science, however, did not originally mean general knowledge. In this Article, I examine evidence surrounding the Copyright Clause and conclude that at the Framing of the Constitution, Science meant a system …


Let Me Count The Ways: The Unconstitutionality Of Same-Sex-Marriage Bans, Mark Strasser Mar 2013

Let Me Count The Ways: The Unconstitutionality Of Same-Sex-Marriage Bans, Mark Strasser

Brigham Young University Journal of Public Law

No abstract provided.


The Meaning And Good Of Equality: Toward Enhanced Constitutional Principles, Scott Fitzgibbon Mar 2013

The Meaning And Good Of Equality: Toward Enhanced Constitutional Principles, Scott Fitzgibbon

Brigham Young University Journal of Public Law

No abstract provided.


“You Have The Right To Remain Silent”: Does The U.S. Constitution Require Public Affirmation Of Same-Sex Marriage?, Robert A. Destro Mar 2013

“You Have The Right To Remain Silent”: Does The U.S. Constitution Require Public Affirmation Of Same-Sex Marriage?, Robert A. Destro

Brigham Young University Journal of Public Law

No abstract provided.


The Spanish Law On Same-Sex Marriage: Constitutional Arguments, Carmen Garcimartin Mar 2013

The Spanish Law On Same-Sex Marriage: Constitutional Arguments, Carmen Garcimartin

Brigham Young University Journal of Public Law

No abstract provided.


The Constitutionality Of Same-Sex Marriage In Australia (And Other Related Issues), Augusto Zimmermann Mar 2013

The Constitutionality Of Same-Sex Marriage In Australia (And Other Related Issues), Augusto Zimmermann

Brigham Young University Journal of Public Law

No abstract provided.


Equality Principles As Asserted Justifications For Mandating The Legalization Of Same-Sex Marriage In American And Intercountry-Comparative Constitutional Law, Lynn D. Wardle Mar 2013

Equality Principles As Asserted Justifications For Mandating The Legalization Of Same-Sex Marriage In American And Intercountry-Comparative Constitutional Law, Lynn D. Wardle

Brigham Young University Journal of Public Law

No abstract provided.