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Articles 1 - 30 of 45
Full-Text Articles in Legislation
“Any”, James J. Brudney, Ethan J. Leib
“Any”, James J. Brudney, Ethan J. Leib
BYU Law Review
Our statute books use the word “any” ubiquitously in coverage and exclusion provisions. As any reader of the Supreme Court’s statutory interpretation docket would know, a large number of cases turn on the contested application of this so-called universal quantifier. It is hard to make sense of the jurisprudence of “any.” And any effort to offer a unified approach—knowing precisely when its scope is expansive (along the “literal-meaning” lines of “every” and “all”) or confining (having a contained domain related to properties provided by contextual cues)—is likely to fail. This Article examines legislative drafting manuals, surveys centuries of Court decisions, …
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 …
Reclaiming Humphrey’S Executor: Expertise And Impartiality In The Ftc, Thomas Smith
Reclaiming Humphrey’S Executor: Expertise And Impartiality In The Ftc, Thomas Smith
Brigham Young University Journal of Public Law
The commissioners of the Federal Trade Commission (FTC) sit just beyond the president’s removal power, for now. The U.S. Supreme Court has all but overruled Humphrey’s Executor, which declared the constitutionality of the FTC’s statutory protections from at-will presidential removal. Recent rulings in Seila Law, Free Enterprise Fund, and Collins held that restrictions on the president’s removal of various government agency officials are unconstitutional. Despite these cases, the Court has not directly overruled Humphrey’s Executor, and in theory, its precedent still provides the FTC commissioners with protection from the president’s removal power. However, the modern FTC is easily distinguishable from …
Recapturing The Orphan Drug Act: An Analysis Of Proposals, Rajdeep Trilokekar
Recapturing The Orphan Drug Act: An Analysis Of Proposals, Rajdeep Trilokekar
Brigham Young University Journal of Public Law
No abstract provided.
Is Trade Sexist? How “Pink” Tariff Policies’ Harmful Effects Can Be Curtailed Through Litigation And Legislation, Miranda Hatch
Is Trade Sexist? How “Pink” Tariff Policies’ Harmful Effects Can Be Curtailed Through Litigation And Legislation, Miranda Hatch
BYU Law Review
No abstract provided.
The Internet Immunity Escape Hatch, Gregory M. Dickinson
The Internet Immunity Escape Hatch, Gregory M. Dickinson
BYU Law Review
Internet immunity doctrine is broken, and Congress is helpless. Under Section 230 of the Communications Decency Act of 1996, online entities are absolutely immune from lawsuits related to content authored by third parties. The law has been essential to the internet’s development over the last twenty years, but it has not kept pace with the times and is now deeply flawed. Democrats demand accountability for online misinformation. Republicans decry politically motivated censorship. And all have come together to criticize Section 230’s protection of bad-actor websites. The law’s defects have put it at the center of public debate, with more than …
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 …
Creating Oases Throughout America’S Food Deserts, Hannah M. Dahle
Creating Oases Throughout America’S Food Deserts, Hannah M. Dahle
BYU Law Review
No abstract provided.
Safety Net Or Trap? A Policy-Oriented Analysis Of The Public Sex Offender Registry As Compelled Speech, Ann Weigly Deam
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.
A Constitutional Right To A Functioning United States Government? Are Government Shutdowns Unconstitutional?, Allen Shoenberger
A Constitutional Right To A Functioning United States Government? Are Government Shutdowns Unconstitutional?, Allen Shoenberger
Brigham Young University Journal of Public Law
No abstract provided.
A State Is A “They,” Not An “It”: Intrastate Conflicts In Multistate Challenges To The Affordable Care Act, Anthony Johnstone
A State Is A “They,” Not An “It”: Intrastate Conflicts In Multistate Challenges To The Affordable Care Act, Anthony Johnstone
BYU Law Review
No abstract provided.
Utility Token Offerings: Can A Security Transform Into A Non-Security?, Scott W. Maughan
Utility Token Offerings: Can A Security Transform Into A Non-Security?, Scott W. Maughan
BYU Law Review
No abstract provided.
Presidential Immunity From Prosecution: Tolling The Statute Of Limitations, Margit Livingston
Presidential Immunity From Prosecution: Tolling The Statute Of Limitations, Margit Livingston
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
Kill Me Through The Phone: The Legality Of Encouraging Suicide In An Increasingly Digital World, Sierra Taylor
BYU Law Review
No abstract provided.
The Medicare Problem: A Solution To Insolvency, Oscar Castro
The Medicare Problem: A Solution To Insolvency, Oscar Castro
Brigham Young University Journal of Public Law
No abstract provided.
Lobbying As A Strategy For Tribal Resilience, Kirsten Matoy Carlson
Lobbying As A Strategy For Tribal Resilience, Kirsten Matoy Carlson
BYU Law Review
Indian tribes have endured as separate governments despite the taking of their land, the forced relocation of their people, and the abrogation of their treaty rights. Many threats to tribal existence have stemmed from federal policies aimed at assimilating Indians into mainstream American society. In crafting these policies, members of Congress often relied on the input of non-Indians, including the Bureau of Indian Affairs. As a result, American Indians were largely left out of the federal policy–making process. This started to change in the 1970s when Congress adopted the Tribal Self-Determination Policy, which encouraged tribal participation in the creation of …
Congress, Let Bicycles Back In, Andrew Applegate
Congress, Let Bicycles Back In, Andrew Applegate
BYU Law Review
The Wilderness Act of 1964 protects certain federal lands in the United States, called “wilderness areas,” from human habitation and development. When the Wilderness Act was first passed, nonmotorized bicycle travel was allowed in wilderness areas. However, in 1984, the United States Forest Service altered its interpretation of the statutory text of the Wilderness Act and banned nonmotorized bicycle travel in wilderness areas. Seeking to reverse the Forest Service’s blanket-ban on bicycles in wilderness areas, bicycle activists sought a legislative remedy. In March of 2017, House Federal Lands Subcommittee Chairman Tom McClintock introduced House Bill 1349 to the United States …
Out Of Many, One: Discovering The Shared Statutory Speech Community Through Corpus Linguistics, Justin A. Miller
Out Of Many, One: Discovering The Shared Statutory Speech Community Through Corpus Linguistics, Justin A. Miller
BYU Law Review
No abstract provided.
#Ordinarymeaning: Using Twitter As A Corpus In Statutory Analysis, Lauren Simpson
#Ordinarymeaning: Using Twitter As A Corpus In Statutory Analysis, Lauren Simpson
BYU Law Review
No abstract provided.
Standing In For The State: Defending Ballot Initiatives In Federal Court Challenges, Joshua J. Bishop
Standing In For The State: Defending Ballot Initiatives In Federal Court Challenges, Joshua J. Bishop
BYU Law Review
No abstract provided.
"Standing" On Formality: Hollingsworth V. Perry And The Efficacy Of Direct Democracy In The United States, Matthew Melone, George A. Nation Iii
"Standing" On Formality: Hollingsworth V. Perry And The Efficacy Of Direct Democracy In The United States, Matthew Melone, George A. Nation Iii
Brigham Young University Journal of Public Law
No abstract provided.
Congressional Silence And The Statutory Interpretation Game, Paul Stancil
Congressional Silence And The Statutory Interpretation Game, Paul Stancil
Faculty Scholarship
This Article explores the circumstances under which the federal legislative apparatus may be unable to respond to a politically objectionable statutory interpretation from the Supreme Court. The Article builds upon existing economic models of statutory interpretation, for the first time incorporating transaction costs into the analysis. The Article concludes by identifying recent real-world disputes in which transaction costs constrained Congress and the President from overriding the Court.
Liberalism In Decline: Legislative Trends Limiting Religious Freedom In Russia And Central Asia, Elizabeth Clark
Liberalism In Decline: Legislative Trends Limiting Religious Freedom In Russia And Central Asia, Elizabeth Clark
Faculty Scholarship
Religious freedom, among other human rights, has increasingly been restricted in Russia and Central Asia. Recent empirical research has shown that increased governmental regulation of religion causes increased social hostilities over religion and has shown the connections between religious freedom and numerous other civil rights and social goods. The U.S. government has particularly recognized the importance of religious freedom in Russia, mandating significant restrictions on aid based on the Russian interpretation of restrictive religion legislation passed in 1997. Since that time, however, virtually no attention has been given to draft legislation in this area in Russia and common trends seen …
How The Signing Statement Thought It Killed The Veto; How The Veto May Have Killed The Signing Statement, Jeremy M. Seeley
How The Signing Statement Thought It Killed The Veto; How The Veto May Have Killed The Signing Statement, Jeremy M. Seeley
Brigham Young University Journal of Public Law
No abstract provided.
Did The Sky Really Fall? Ten Years After California's Proposition 209 , Eryn Hadley
Did The Sky Really Fall? Ten Years After California's Proposition 209 , Eryn Hadley
Brigham Young University Journal of Public Law
No abstract provided.
The Weak Nondelegation Doctrine And American Trucking Associations V. Epa, Gabriel Clark
The Weak Nondelegation Doctrine And American Trucking Associations V. Epa, Gabriel Clark
BYU Law Review
No abstract provided.
The Independent Counsel Statute: A Premature Demise, Julian A. Cook Iii
The Independent Counsel Statute: A Premature Demise, Julian A. Cook Iii
BYU Law Review
No abstract provided.
Intrinsic Limits Of Congress' Power Regarding The Judicial Branch, David E. Engdahl
Intrinsic Limits Of Congress' Power Regarding The Judicial Branch, David E. Engdahl
BYU Law Review
No abstract provided.
Long-Range Highway Corridor Preservation: Issues, Methods And Model Legislation, David A. Thomas, Robert S. Payne
Long-Range Highway Corridor Preservation: Issues, Methods And Model Legislation, David A. Thomas, Robert S. Payne
Brigham Young University Journal of Public Law
No abstract provided.
The Establishment Of Charter Schools: A Guide To Legal Issues For Legislatures, Jennifer T. Wall
The Establishment Of Charter Schools: A Guide To Legal Issues For Legislatures, Jennifer T. Wall
Brigham Young University Education and Law Journal
No abstract provided.