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Articles 1 - 13 of 13

Full-Text Articles in Law

Informal Governance Of The United States, Edward Lee Mar 2022

Informal Governance Of The United States, Edward Lee

Brigham Young University Journal of Public Law

No abstract provided.


Frontmatter Mar 2022

Frontmatter

Brigham Young University Journal of Public Law

No abstract provided.


The Territorial And District Representation Amendment: A Proposal, Colin P.A. Jones Mar 2022

The Territorial And District Representation Amendment: A Proposal, Colin P.A. Jones

Brigham Young University Journal of Public Law

This article will propose and explain a draft amendment to the United States Constitution that would secure an intermediate degree of political representation for Americans living in U.S. territories. While concerned principally with U.S. territories, the amendment would also address Congressional representation for the District of Columbia.


The Prudential Standing Quandary When Discriminatory, Facially Neutral Laws Allegedly Cause Collateral Damage, Richard Luedeman Mar 2022

The Prudential Standing Quandary When Discriminatory, Facially Neutral Laws Allegedly Cause Collateral Damage, Richard Luedeman

Brigham Young University Journal of Public Law

No abstract provided.


Giving Hardison The Hook: Restoring Title Vii’S Undue Hardship Standard, Kade Allred Mar 2022

Giving Hardison The Hook: Restoring Title Vii’S Undue Hardship Standard, Kade Allred

Brigham Young University Journal of Public Law

No abstract provided.


A Call For State Legislators To Reconsider Their Stance On School Choice And School Funding, Leah Blake Mar 2022

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.


Dissent And The Rule Of Law, Russell D. Covey Feb 2022

Dissent And The Rule Of Law, Russell D. Covey

Brigham Young University Journal of Public Law

Both the right to dissent and the “rule of law” are celebrated and frequently invoked values. Yet widespread popular dissent, such as that seen in the recent Black Lives Matter protests sparked by the police killing of George Floyd and others and a strong backlash against protestors by some political leaders, has deeply challenged the compatibility of those values. This tension raises deep theoretical questions about the essential concept of the rule of law, questions that have not yet been addressed by legal theorists. Consensus is greatest with respect to some of the formal characteristics of the rule of law, …


On Criminalizing Violent Speech, Amitai Etzioni Feb 2022

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 …


Frontmatter Feb 2022

Frontmatter

Brigham Young University Journal of Public Law

No abstract provided.


Covid’S Counterpunch: State Legislative Assaults On Publichealth Emergency Powers, James G. Hodge Jr., Jennifer L. Piatt Feb 2022

Covid’S Counterpunch: State Legislative Assaults On Publichealth Emergency Powers, James G. Hodge Jr., Jennifer L. Piatt

Brigham Young University Journal of Public Law

Amid the most impactful health crisis in over a century, COVID’s “counterpunch” entails aggressive efforts by numerous state legislatures to diminish state and local public health emergency powers. It is an incredulous movement facially supported by a need to appropriately balance economic interests and rights with communal health objectives. At its political core, however, is a “power grab” by legislatures to free their constituents from extensive emergency powers (e.g., social distancing, assembly limits, and business closures). Never mind the fact that these interventions, when used effectively and constitutionally, save lives and reduce morbidity. Public health agents and activists are understandably …


The Case Of The Smart City, Bruce Peabody, Kyle Morgan Feb 2022

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 …


Corporate Purpose And The Separation Of Powers, Benjamin T. Seymour Feb 2022

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 …


Implications Of Azar V. Allina Health Services On Rulemaking: How To Know When Notice And Comment Is Required Under The Medicare Act, John Geilman Feb 2022

Implications Of Azar V. Allina Health Services On Rulemaking: How To Know When Notice And Comment Is Required Under The Medicare Act, John Geilman

Brigham Young University Journal of Public Law

No abstract provided.