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Articles 1 - 21 of 21
Full-Text Articles in Jurisprudence
The Million-Dollar Diversity Docket, Steven Gensler, Roger Michalski
The Million-Dollar Diversity Docket, Steven Gensler, Roger Michalski
BYU Law Review
Congress has always imposed an amount in controversy requirement for general diversity jurisdiction. Congress initially set the jurisdictional amount at $500 in 1789 and has raised it six times, most recently in 1996 to its current $75,000 threshold. That requirement has been described as ensuring that the federal courts not become bogged down by “petty” or “insubstantial” state-law cases. Given that it has been twenty-five years since the last increase, we are probably overdue for another one. But to what amount? For what purpose? And with what effects on the size and composition of the diversity docket? What would happen …
Political Partisanship And Sincere Religious Conviction, Mark Satta
Political Partisanship And Sincere Religious Conviction, Mark Satta
BYU Law Review
In order for a religious conviction to receive protection under the First Amendment or the Religious Freedom Restoration Act (RFRA), it must be a sincere religious conviction. Some critics of the Supreme Court’s ruling in Burwell v. Hobby Lobby have suggested that the plaintiffs in that case and in related cases were motivated more by political ideology than by sincere religious conviction. The remedy, they argue, is for courts to be quicker to scrutinize claims of religious sincerity. In this Article, I consider another possibility—namely, that current sociopolitical partisanship in the United States has eroded a clear distinction between political …
Engineering The Modern Administrative State: Political Accommodation And Legal Strategy In The New Deal Era, Daniel B. Rodriguez, Barry R. Weingast
Engineering The Modern Administrative State: Political Accommodation And Legal Strategy In The New Deal Era, Daniel B. Rodriguez, Barry R. Weingast
BYU Law Review
Administrative constitutionalism in the United States has been characterized by tension and accommodation. The tension reflects the unsettled nature of our constitutional scheme, especially with regard to separation of powers, and also the concern with agency discretion and performance. Still and all, we have accommodated administrative constitutionalism in fundamental ways, through a constitutional jurisprudence that, in the main, accepts broad delegations of regulatory power to the bureaucracy and an administrative law that oversees agency actions under procedural and substantive guidelines. This was not always the case. In this Article , part one of a larger project, we revisit the critical …
Evidence-Based Jurisprudence Meets Legal Linguistics—Unlikely Blends Made In Germany, Hanjo Hamann, Friedemann Vogel
Evidence-Based Jurisprudence Meets Legal Linguistics—Unlikely Blends Made In Germany, Hanjo Hamann, Friedemann Vogel
BYU Law Review
German legal thinking is renowned for its hair-splittingly sophisticated dogmatism. Yet, some of its other contributions to research are frequently overlooked, both at home and abroad. Two such secondary streams recently coalesced into a new corpus-based research approach to legal practice: Empirical legal research (which had already developed in Germany by 1913) and research on language and law (following German pragmatist philosopher Ludwig Wittgenstein’s work of 1953). This Article introduces both research traditions in their current German incarnations (Evidence-Based Jurisprudence and Legal Linguistics) and shows how three common features—their pragmatist observation of social practices, their interest in dissecting legal authority, …
Reconciling Originalism With The Father Of Conservatism: How Edmund Burke Answers The Disruption Dilemma In N.L.R.B. V. Noel Canning, Brad Masters
BYU Law Review
No abstract provided.
The Parcel As A Whole: A Presumptive Structural Approach For Determining When The Government Has Gone Too Far, Keith Woffinden
The Parcel As A Whole: A Presumptive Structural Approach For Determining When The Government Has Gone Too Far, Keith Woffinden
BYU Law Review
No abstract provided.
Third-Party Profit-Taking In Tax Exemption Jurisprudence, Darryll K. Jones
Third-Party Profit-Taking In Tax Exemption Jurisprudence, Darryll K. Jones
BYU Law Review
No abstract provided.
Property Tests, Due Process Tests And Regulatory Takings Jurisprudence, Steven J. Eagle
Property Tests, Due Process Tests And Regulatory Takings Jurisprudence, Steven J. Eagle
BYU Law Review
No abstract provided.
There Is Nothing Light About Feathers: Finding Form In The Jurisprudence Of Native American Religious Exemptions, James R. Dalton
There Is Nothing Light About Feathers: Finding Form In The Jurisprudence Of Native American Religious Exemptions, James R. Dalton
BYU Law Review
No abstract provided.
An Open Question In Utah's Open Courts Jurisprudence: The Utah Wrongful Life Act And Wood V. University Of Utah Medical Center, Glenn E. Roper
An Open Question In Utah's Open Courts Jurisprudence: The Utah Wrongful Life Act And Wood V. University Of Utah Medical Center, Glenn E. Roper
BYU Law Review
No abstract provided.
Threats, Free Speech, And The Jurisprudence Of The Federal Criminal Law, G. Robert Blakey, Brian J. Murray
Threats, Free Speech, And The Jurisprudence Of The Federal Criminal Law, G. Robert Blakey, Brian J. Murray
BYU Law Review
No abstract provided.
What Is Justice? (Review Of Christian Justice And Public Policy, By Duncan B. Forrester), Michael David Lopez
What Is Justice? (Review Of Christian Justice And Public Policy, By Duncan B. Forrester), Michael David Lopez
BYU Law Review
No abstract provided.
Religious Freedom In Southern Africa: The Developing Jurisprudence, Richard Cameron Blake, Lonn Litchfield
Religious Freedom In Southern Africa: The Developing Jurisprudence, Richard Cameron Blake, Lonn Litchfield
BYU Law Review
No abstract provided.
A Tale Of Two Opinions: The Meaning Of Statutes And The Nature Of Judicial Decision-Making In The Administrative Context, Katherine L. Vaughns
A Tale Of Two Opinions: The Meaning Of Statutes And The Nature Of Judicial Decision-Making In The Administrative Context, Katherine L. Vaughns
BYU Law Review
No abstract provided.
Taking A Look At The Modem Takings Clause Jurisprudence: Finding Private Property Protection Under The Federal And Utah Constitutions, David W. Tufts
Taking A Look At The Modem Takings Clause Jurisprudence: Finding Private Property Protection Under The Federal And Utah Constitutions, David W. Tufts
BYU Law Review
No abstract provided.
The Jurisprudential Cab Ride: A Socratic Dialogue, Daniel A. Farber
The Jurisprudential Cab Ride: A Socratic Dialogue, Daniel A. Farber
BYU Law Review
No abstract provided.
Philosophical Hermeneutics: Toward An Alternative View Of Adjudication, James J. Hamula
Philosophical Hermeneutics: Toward An Alternative View Of Adjudication, James J. Hamula
BYU Law Review
No abstract provided.
In Search Of A Role For The Legal System, Fernando E. Agrait
In Search Of A Role For The Legal System, Fernando E. Agrait
BYU Law Review
No abstract provided.
Dworkin's Rights Thesis: Implications For The Relationship Between The Legal Order And The Moral Order, Livingston Baker
Dworkin's Rights Thesis: Implications For The Relationship Between The Legal Order And The Moral Order, Livingston Baker
BYU Law Review
No abstract provided.
Law, Society, And Moral Order: Introduction To The Symposium, Richard D. Schwartz
Law, Society, And Moral Order: Introduction To The Symposium, Richard D. Schwartz
BYU Law Review
No abstract provided.
Law, The Problems Of Poverty, And The "Myth Of Rights", Michael Diamond
Law, The Problems Of Poverty, And The "Myth Of Rights", Michael Diamond
BYU Law Review
No abstract provided.