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Full-Text Articles in Law
Schrödinger’S Cat: A Constitutional Alien In Australia?, Benjamen Franklen Gussen
Schrödinger’S Cat: A Constitutional Alien In Australia?, Benjamen Franklen Gussen
Brigham Young University Journal of Public Law
No abstract provided.
Informal Governance Of The United States, Edward Lee
Informal Governance Of The United States, Edward Lee
Brigham Young University Journal of Public Law
No abstract provided.
The Territorial And District Representation Amendment: A Proposal, Colin P.A. Jones
The Territorial And District Representation Amendment: A Proposal, Colin P.A. Jones
Brigham Young University Journal of Public Law
This article will propose and explain a draft amendment to the United States Constitution that would secure an intermediate degree of political representation for Americans living in U.S. territories. While concerned principally with U.S. territories, the amendment would also address Congressional representation for the District of Columbia.
On Criminalizing Violent Speech, Amitai Etzioni
On Criminalizing Violent Speech, Amitai Etzioni
Brigham Young University Journal of Public Law
There is an increasingly high number of threats to kill, made by citizens against each other, and against public officials. These threats terrorize people, force them to take protective measures, make them reluctant to assume public office, and, when they do, make them feel as though they have to act cautiously. State and federal laws currently exist that prohibit such threats. This article examines the ways the courts have affected how these laws function. It concludes by suggesting ways these laws can be rendered more effective. Drawing on liberal communitarianism, this article seeks to offer practical recommendations for how the …
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.
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.
Re-Victimization Of Domestic Violence Victims, Angela De La Garza
Re-Victimization Of Domestic Violence Victims, Angela De La Garza
Brigham Young University Journal of Public Law
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.
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.
The Decline Of Denali’S Wolves: Federal Options In The Face Of Non-Cooperative Wildlife Federalism, Catherine Danley
The Decline Of Denali’S Wolves: Federal Options In The Face Of Non-Cooperative Wildlife Federalism, Catherine Danley
Brigham Young University Journal of Public Law
No abstract provided.
Fixing Congress, Samuel A. Marcosson
Fixing Congress, Samuel A. Marcosson
Brigham Young University Journal of Public Law
No abstract provided.
A Rhetorical Revolution: The Antithesis Of The First Amendment, Eimi Priddis Yildirim
A Rhetorical Revolution: The Antithesis Of The First Amendment, Eimi Priddis Yildirim
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.
Making The Premises About Constitutional Meaning Express: The New Originalism And Its Critics, Andre Leduc
Making The Premises About Constitutional Meaning Express: The New Originalism And Its Critics, Andre Leduc
Brigham Young University Journal of Public Law
No abstract provided.
Before There Were Mouseholes: Resurrecting The Non-Delegation Doctrine, Joel Hood
Before There Were Mouseholes: Resurrecting The Non-Delegation Doctrine, Joel Hood
Brigham Young University Journal of Public Law
No abstract provided.
Constitutional Interpretation And History: New Originalism Or Eclecticism?, Stephen M. Feldman
Constitutional Interpretation And History: New Originalism Or Eclecticism?, Stephen M. Feldman
Brigham Young University Journal of Public Law
The goal of originalism has always been purity. Originalists claim that their methods cleanse constitutional interpretation of politics, discretion, and indeterminacy. The key to attaining purity is history. Originalist methods supposedly discern in history a fixed constitutional meaning. Many originalists now claim that the most advanced method—the approach that reveals the purest constitutional meaning—is reasonable-person originalism. These new originalists ask the following question: When the Constitution was adopted, how would a hypothetical reasonable person have understood the text? This Article examines historical evidence from the early decades of nationhood to achieve two goals. First, it demonstrates that reasonable-person originalism is …
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 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.
“You Have The Right To Remain Silent”: Does The U.S. Constitution Require Public Affirmation Of Same-Sex Marriage?, Robert A. Destro
“You Have The Right To Remain Silent”: Does The U.S. Constitution Require Public Affirmation Of Same-Sex Marriage?, Robert A. Destro
Brigham Young University Journal of Public Law
No abstract provided.
The Spanish Law On Same-Sex Marriage: Constitutional Arguments, Carmen Garcimartin
The Spanish Law On Same-Sex Marriage: Constitutional Arguments, Carmen Garcimartin
Brigham Young University Journal of Public Law
No abstract provided.
The Constitutionality Of Same-Sex Marriage In Australia (And Other Related Issues), Augusto Zimmermann
The Constitutionality Of Same-Sex Marriage In Australia (And Other Related Issues), Augusto Zimmermann
Brigham Young University Journal of Public Law
No abstract provided.
Equality Principles As Asserted Justifications For Mandating The Legalization Of Same-Sex Marriage In American And Intercountry-Comparative Constitutional Law, Lynn D. Wardle
Brigham Young University Journal of Public Law
No abstract provided.
Representation Without Documentation?: Unlawfully Present Aliens, Apportionment, The Doctrine Of Allegiance, And The Law, Patrick J. Charles
Representation Without Documentation?: Unlawfully Present Aliens, Apportionment, The Doctrine Of Allegiance, And The Law, Patrick J. Charles
Brigham Young University Journal of Public Law
No abstract provided.
Constitutional Aesthetics: Appending Amendments To The United States Constitution, Mehrdad Payandeh
Constitutional Aesthetics: Appending Amendments To The United States Constitution, Mehrdad Payandeh
Brigham Young University Journal of Public Law
No abstract provided.
An Opinion Without Standards: The Supreme Court's Refusal To Adopt A Standard Of Constitutional Review In District Of Columbia V. Heller Will Likely Cause Headaches For Future Judicial Review Of Gun-Control Regulations, Ryan L. Card
Brigham Young University Journal of Public Law
No abstract provided.
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.
The South African Civil Union Act 17 Of 2006: A Good Example Of The Dangers Of Rushing The Legislative Process, Bradley S. Smith, J. A. Robinson
The South African Civil Union Act 17 Of 2006: A Good Example Of The Dangers Of Rushing The Legislative Process, Bradley S. Smith, J. A. Robinson
Brigham Young University Journal of Public Law
No abstract provided.
Burying Our Constitution In The Sand? Evaluating The Ostrich Response To The Use Of International And Foreign Law In U.S. Constitutional Interpretation, Cindy G. Buys
Brigham Young University Journal of Public Law
No abstract provided.
An Amendment To Protect Marriage: Bad In Theory, Likely Worse In Practice, Mark Strasser
An Amendment To Protect Marriage: Bad In Theory, Likely Worse In Practice, Mark Strasser
Brigham Young University Journal of Public Law
No abstract provided.