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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
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
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
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
“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
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
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
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
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
Dignity, History, And Religious-Group Rights, Frederick Mark Gedicks
Faculty Scholarship
No abstract provided.