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Articles 1 - 13 of 13
Full-Text Articles in Law
Informal Governance Of The United States, Edward Lee
Informal Governance Of The United States, Edward Lee
Brigham Young University Journal of Public Law
No abstract provided.
The Territorial And District Representation Amendment: A Proposal, Colin P.A. Jones
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
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
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
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
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
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 …
Covid’S Counterpunch: State Legislative Assaults On Publichealth Emergency Powers, James G. Hodge Jr., Jennifer L. Piatt
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
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
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
Brigham Young University Journal of Public Law
No abstract provided.