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Full-Text Articles in Supreme Court of the United States
On The Place Of Self-Defense In Public Life: A Hobbesian Critique Of The Supreme Court’S Second Amendment, Rafi Reznik
On The Place Of Self-Defense In Public Life: A Hobbesian Critique Of The Supreme Court’S Second Amendment, Rafi Reznik
Brigham Young University Journal of Public Law
Contemporary Second Amendment law, which originated with the famous Heller decision (2008) and reached a new peak with Bruen (2022), relies on an implicit political theory. This article uncovers and critiques that theory. I argue that the Supreme Court’s Second Amendment jurisprudence positions interpersonal self-defense, and more generally individual response to crime, at the heart of the meaning of American citizenship. The paradigmatic citizen for whom state institutions should be designed is a self-defender, because, per the Court’s interpretive methodology, this is what the American people want. This line of cases thus attempts one of the most challenging feats of …
Information Leaking And The United States Supreme Court, Chad Marzen, Michael Conklin
Information Leaking And The United States Supreme Court, Chad Marzen, Michael Conklin
Brigham Young University Journal of Public Law
No abstract provided.
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 …
All The Tenacity Of Original Sin: Agencies And Courts Continue To Place The Burden Of Persuasion On Defendants In Violation Of The Apa And Supreme Court Precedent, Arthur Sapper
Brigham Young University Journal of Public Law
No abstract provided.
The Little Statute That Gets No Respect: How Courts Have Ignored The Administrative Procedure Act With Respect To Whether Pre-Enforcement Challenge Provisions Are Exclusive, Arthur Sapper
Brigham Young University Journal of Public Law
No abstract provided.
Merchant Restraints In Ohio V. American Express—Why The Supreme Court Got It Wrong, Trent Earl
Merchant Restraints In Ohio V. American Express—Why The Supreme Court Got It Wrong, Trent Earl
Brigham Young University Journal of Public Law
No abstract provided.
Freedom Of Association, Extreme Partisan Gerrymandering, Justiciability And The Unmistakable Political Question Controversy, L. Darnell Weeden
Freedom Of Association, Extreme Partisan Gerrymandering, Justiciability And The Unmistakable Political Question Controversy, L. Darnell Weeden
Brigham Young University Journal of Public Law
No abstract provided.
A Modest Proposal On Supreme Court Unanimity To Constitutionally Invalidate Laws, Dwight G. Duncan
A Modest Proposal On Supreme Court Unanimity To Constitutionally Invalidate Laws, Dwight G. Duncan
Brigham Young University Journal of Public Law
No abstract provided.
A Modest Proposal On Supreme Court Unanimity To Constitutionally Invalidate Laws, Kyle S. Mckay
A Modest Proposal On Supreme Court Unanimity To Constitutionally Invalidate Laws, Kyle S. Mckay
Brigham Young University Journal of Public Law
No abstract provided.
Has Nihilism Politicized The Supreme Court Nomination Process?, Bruce Ledewitz
Has Nihilism Politicized The Supreme Court Nomination Process?, Bruce Ledewitz
Brigham Young University Journal of Public Law
No abstract provided.