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Legislation Commons

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First Amendment

Brigham Young University Law School

Articles 1 - 3 of 3

Full-Text Articles in Legislation

Bill Of Rights Nondelegation, Eli Nachmany Dec 2023

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 …


Safety Net Or Trap? A Policy-Oriented Analysis Of The Public Sex Offender Registry As Compelled Speech, Ann Weigly Deam Mar 2021

Safety Net Or Trap? A Policy-Oriented Analysis Of The Public Sex Offender Registry As Compelled Speech, Ann Weigly Deam

Brigham Young University Journal of Public Law

No abstract provided.


Kill Me Through The Phone: The Legality Of Encouraging Suicide In An Increasingly Digital World, Sierra Taylor Feb 2020

Kill Me Through The Phone: The Legality Of Encouraging Suicide In An Increasingly Digital World, Sierra Taylor

BYU Law Review

No abstract provided.