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Articles 1 - 9 of 9

Full-Text Articles in Law

Substantive Due Process: The Power To Grant Monopolies In The Federalist Marketplace Of State Experimentation, Curtis Thomas May 2013

Substantive Due Process: The Power To Grant Monopolies In The Federalist Marketplace Of State Experimentation, Curtis Thomas

BYU Law Review

Substantive due process is a controversial doctrine due to its lack of a limiting principle that prevents courts from creating or extending rights beyond the text of the Constitution. This Comment suggests that the effects of substantive due process should be evaluated from a perspective of their likely effect on the federalist marketplace of state experimentation. From this perspective, the application of substantive due process should be limited to natural rights, which are the equivalent of natural monopolies in economic marketplaces. The remaining rights should be allowed to develop through state experimentation.


Bamn! The Sixth Circuit Strikes Down Michigan's Proposal 2, J. Kevin Jenkins, Pamela Larde Mar 2013

Bamn! The Sixth Circuit Strikes Down Michigan's Proposal 2, J. Kevin Jenkins, Pamela Larde

Brigham Young University Education and Law Journal

No abstract provided.


Let Me Count The Ways: The Unconstitutionality Of Same-Sex-Marriage Bans, Mark Strasser Mar 2013

Let Me Count The Ways: The Unconstitutionality Of Same-Sex-Marriage Bans, Mark Strasser

Brigham Young University Journal of Public Law

No abstract provided.


“The Pursuit Of Happiness” Comes Home To Roost? Same-Sex Union, The Summum Bonum, And Equality, Patrick Mckinley Brennan Mar 2013

“The Pursuit Of Happiness” Comes Home To Roost? Same-Sex Union, The Summum Bonum, And Equality, Patrick Mckinley Brennan

Brigham Young University Journal of Public Law

No abstract provided.


The Meaning And Good Of Equality: Toward Enhanced Constitutional Principles, Scott Fitzgibbon Mar 2013

The Meaning And Good Of Equality: Toward Enhanced Constitutional Principles, Scott Fitzgibbon

Brigham Young University Journal of Public Law

No abstract provided.


Perspectives On Fisher V. University Of Texas And The Strict Scrutiny Standard In The University Admissions Context, Michael Poreda Mar 2013

Perspectives On Fisher V. University Of Texas And The Strict Scrutiny Standard In The University Admissions Context, Michael Poreda

Brigham Young University Education and Law Journal

No abstract provided.


Walking A Thin Blue Line: Balancing The Citizen's Right To Record Police Officers Against Officer Privacy, Rebecca G. Van Tassell Mar 2013

Walking A Thin Blue Line: Balancing The Citizen's Right To Record Police Officers Against Officer Privacy, Rebecca G. Van Tassell

BYU Law Review

No abstract provided.


Religions As Sovereigns: Why Religion Is "Special", Elizabeth Clark Feb 2013

Religions As Sovereigns: Why Religion Is "Special", Elizabeth Clark

Faculty Scholarship

Commentators increasingly challenge religion’s privileged legal status, arguing that it is not “special” or distinct from other associations or philosophical or conscientious claims. I propose that religion is “special” because it functions metaphorically as a legal sovereign, asserting supreme authority over a realm of human life. Under a religion-as-sovereign theory, religious freedom can be understood as at least partial deference to a religious sovereign in a system of shared or overlapping sovereignty. This Article suggests that federalism, which also involves shared sovereignty, can provide a useful heuristic device for examining religious freedom. Specifically, the Article examines a range of federalism …


Dignity, History, And Religious-Group Rights, Frederick Mark Gedicks Jan 2013

Dignity, History, And Religious-Group Rights, Frederick Mark Gedicks

Faculty Scholarship

No abstract provided.