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Full-Text Articles in Law
Bill Of Rights Nondelegation, Eli Nachmany
Bill Of Rights Nondelegation, Eli Nachmany
BYU Law Review
Speculation about the “revival” of the nondelegation doctrine has reached a fever pitch. Although the Supreme Court apparently has not applied the nondelegation doctrine to declare a federal statute unconstitutional since 1935, the doctrine may be making a comeback. The common understanding is that the nondelegation doctrine prohibits Congress from “delegating” legislative power to the executive branch. While the nondelegation doctrine may appear to be about limiting Congress, its ultimate target is delegation. But if the nondelegation doctrine is about policing delegation, then the Court has been regularly — and rigorously — applying the doctrine in a different context: In …
Corpus Linguistics And Gun Control: Why Heller Is Wrong, Kyra Babcock Woods
Corpus Linguistics And Gun Control: Why Heller Is Wrong, Kyra Babcock Woods
BYU Law Review
No abstract provided.
United States V. Reese And Post-Heller Second Amendment Interpretation, E. Garret Barlow
United States V. Reese And Post-Heller Second Amendment Interpretation, E. Garret Barlow
BYU Law Review
No abstract provided.
United States V. Mccane: Judge Tymkovich Questions Heller’S Disarming Dicta, Stephen C. Mouritsen
United States V. Mccane: Judge Tymkovich Questions Heller’S Disarming Dicta, Stephen C. Mouritsen
BYU Law Review
No abstract provided.
The Second Amendment In The Nineteenth Century, David B. Kopel
The Second Amendment In The Nineteenth Century, David B. Kopel
BYU Law Review
No abstract provided.
The Brady Handgun Prevention Act And The Community Protection Initiative: Legislative Responses To The Second Amendment?, Orrin G. Hatch
The Brady Handgun Prevention Act And The Community Protection Initiative: Legislative Responses To The Second Amendment?, Orrin G. Hatch
BYU Law Review
No abstract provided.
The Right To Keep And Bear Arms In Light Of Thornton: The People And Essential Attributes Of Sovereignty, Kevin J. Worthen
The Right To Keep And Bear Arms In Light Of Thornton: The People And Essential Attributes Of Sovereignty, Kevin J. Worthen
BYU Law Review
Few people think about gun control and term limits in the same way. They generally favor one or the other, but not both or neither. The thesis of this Article, however, is that the two concepts are connected - or at least that the Framers of the United States Constitution would have found a connection between the two - and that theconnection between the two affects the way we should think about the subjects.This Article asserts that the two concepts are related because both gun control and term limits can infringe on the right of the people as ultimate sovereign …
A Lawyer's Guide To The Second Amendment, Steven H. Gunn
A Lawyer's Guide To The Second Amendment, Steven H. Gunn
BYU Law Review
No abstract provided.
Private Organizations And The Militia Status: They Don't Make Militias Like They Used To, Marguerite A. Driessen
Private Organizations And The Militia Status: They Don't Make Militias Like They Used To, Marguerite A. Driessen
BYU Law Review
No abstract provided.
Is The Second Amendment Finally Becoming Recognized As Part Of The Constitution? Voices From The Courts, Sanford Levinson
Is The Second Amendment Finally Becoming Recognized As Part Of The Constitution? Voices From The Courts, Sanford Levinson
BYU Law Review
No abstract provided.
Securing A Free State: Why The Second Amendment Matters, David Harmer
Securing A Free State: Why The Second Amendment Matters, David Harmer
BYU Law Review
No abstract provided.