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Articles 61 - 90 of 333
Full-Text Articles in Law
The Unconstitutionality Of Religious Vilification Laws In Australia: Why Religious Vilification Laws Are Contrary To The Implied Freedom Of Political Communication Affirmed In The Australian Constitution, Augusto Zimmerman Dr.
The Unconstitutionality Of Religious Vilification Laws In Australia: Why Religious Vilification Laws Are Contrary To The Implied Freedom Of Political Communication Affirmed In The Australian Constitution, Augusto Zimmerman Dr.
BYU Law Review
This article explains the weakness of the argument that religious vilification laws promote harmony and tolerance among religious groups. Rather, they are based on a form of postmodern theory that denies the existence of truth and could be used as a weapon by certain individuals to silence any criticism of their beliefs. These laws have become an invitation to people with extreme views to avoid debate by claiming that they, rather than their beliefs, have been attacked. The author then explains the philosophical underpinnings of religious vilification laws and argues that there is no a priori reason why religious speech …
The Shinto Cases: Religion, Culture, Or Both—The Japanese Supreme Court And Establishment Of Religion Jurisprudence, Frank S. Ravitch
The Shinto Cases: Religion, Culture, Or Both—The Japanese Supreme Court And Establishment Of Religion Jurisprudence, Frank S. Ravitch
BYU Law Review
No abstract provided.
The Meaning Of Science In The Copyright Clause, Ned Snow
The Meaning Of Science In The Copyright Clause, Ned Snow
BYU Law Review
The Constitution premises Congress's copyright power on promoting "the Progress of Science." The word Science therefore seems to define the scope of copyrightable subject matter. Modern courts and commentators have subscribed to an originalist view of Science, teaching that Science meant general knowledge at the time of the Framing. Under this interpretation, all subject matter may be copyrighted because expression about any subject increases society's store of general knowledge. Science, however, did not originally mean general knowledge. In this Article, I examine evidence surrounding the Copyright Clause and conclude that at the Framing of the Constitution, Science meant a system …
Why The National Popular Vote Compact Is Unconstitutional, Norman R. Williams
Why The National Popular Vote Compact Is Unconstitutional, Norman R. Williams
BYU Law Review
Unable to secure passage of a federal constitutional amendment abolishing the Electoral College, several opponents of the Electoral College have sought to establish the direct, popular election of the President via an interstate compact according to which individual signatory states agree to appoint their presidential electors in accordance with the nationwide popular vote. Ostensibly designed to prevent elections, such as the one in 2000, in which the Electoral College “misfired” and chose the candidate who received fewer popular votes, the National Popular Vote Compact has been adopted by several states, including California. In this Article, I argue that the National …
The Dual-Faceted Federalism Framework And The Derivative Constitutional Status Of Local Governments, Michael W. Cannon
The Dual-Faceted Federalism Framework And The Derivative Constitutional Status Of Local Governments, Michael W. Cannon
BYU Law Review
No abstract provided.
Originalism And Loving V. Virginia, Steven G. Calabresi, Andrea Matthews
Originalism And Loving V. Virginia, Steven G. Calabresi, Andrea Matthews
BYU Law Review
No abstract provided.
Repudiating The Narrow Rule In Capital Sentencing, Scott W. Howe
Repudiating The Narrow Rule In Capital Sentencing, Scott W. Howe
BYU Law Review
This Article proposes a modest reform of Eighth Amendment law governing capital sentencing to spur major reform in the understanding of the function of the doctrine. The Article urges the Supreme Court to renounce a largely empty mandate known as the “narrowing” rule and the rhetoric of equality that has accompanied it. By doing so, the Court could speak more truthfully about the important but more limited function that its capital-sentencing doctrine actually pursues, which is to ensure that no person receives the death penalty who does not deserve it. The Court could also speak more candidly than it has …
The Constitution Limits Of The "National Consensus" Doctrine In Eighth Amendment Jurisprudence, Kevin White
The Constitution Limits Of The "National Consensus" Doctrine In Eighth Amendment Jurisprudence, Kevin White
BYU Law Review
No abstract provided.
Utah's Enabling Act And Congress's Enclave Clause Authority: Federalism Implications Of A Renewed State Sovereignty Movement, Spencer Driscoll
Utah's Enabling Act And Congress's Enclave Clause Authority: Federalism Implications Of A Renewed State Sovereignty Movement, Spencer Driscoll
BYU Law Review
No abstract provided.
Hungary's New Constitution And Its New Law On Freedom Of Religion And Churches: The Return Of The Sovereign, Renáta Uitz
Hungary's New Constitution And Its New Law On Freedom Of Religion And Churches: The Return Of The Sovereign, Renáta Uitz
BYU Law Review
No abstract provided.
Meaning And Scope Of The Restrictions Imposed By The Mexican Constitution On Ministers Of Worship, Jorge Adame Goddard
Meaning And Scope Of The Restrictions Imposed By The Mexican Constitution On Ministers Of Worship, Jorge Adame Goddard
BYU Law Review
No abstract provided.
United States V. Renzi: Reigning In The Speech Or Debate Clause To Fight Corruption In Congress Postrayburn, A.J. Green
United States V. Renzi: Reigning In The Speech Or Debate Clause To Fight Corruption In Congress Postrayburn, A.J. Green
BYU Law Review
No abstract provided.
Uneven “Neutrality”: Dual Standards And The Establishment Clause In Johnson V. Poway, Eric Jeppsen
Uneven “Neutrality”: Dual Standards And The Establishment Clause In Johnson V. Poway, Eric Jeppsen
BYU Law Review
No abstract provided.
Foreign Law As Legislative Fact In Constitutional Cases, A. Christopher Bryant
Foreign Law As Legislative Fact In Constitutional Cases, A. Christopher Bryant
BYU Law Review
No abstract provided.
Ignoring Purpose, Context, And History: The Tenth Circuit Court In American Atheists, Inc. V. Duncan, Steven Michael Lau
Ignoring Purpose, Context, And History: The Tenth Circuit Court In American Atheists, Inc. V. Duncan, Steven Michael Lau
BYU Law Review
No abstract provided.
An Originalist Theory Of Precedent: The Privileged Place Of Originalist Precedent, Lee J. Strang
An Originalist Theory Of Precedent: The Privileged Place Of Originalist Precedent, Lee J. Strang
BYU Law Review
No abstract provided.
Unraveling Lawrence's Concerns About Legislated Morality: The Constitutionality Of Laws Criminalizing The Sale Of Obscene Devices, Nathan R. Curtis
Unraveling Lawrence's Concerns About Legislated Morality: The Constitutionality Of Laws Criminalizing The Sale Of Obscene Devices, Nathan R. Curtis
BYU Law Review
No abstract provided.
How The Tenth Circuit’S Ruling In Martinez V. Beggs Affects The Deliberate Indifference Standard For Eighth Amendment Claims, Chad Olsen
BYU Law Review
No abstract provided.
A Fool For A Client: Competency Standards In Pro Se Cases , Reed Willis
A Fool For A Client: Competency Standards In Pro Se Cases , Reed Willis
BYU Law Review
No abstract provided.
Fair Housing And Roommates: Contesting A Presumption Of Constitutionality, Brooke Wright
Fair Housing And Roommates: Contesting A Presumption Of Constitutionality, Brooke Wright
BYU Law Review
No abstract provided.
Talking Originalism , Andrew B. Coan
Ways To Change: A Reevaluation Of Article V Campaigns And Legislative Constitutionalism , Mary Ziegler
Ways To Change: A Reevaluation Of Article V Campaigns And Legislative Constitutionalism , Mary Ziegler
BYU Law Review
No abstract provided.
Deliberative Constitutionalism, John J. Worley
How The United States Government Sacrifices Athletes' Constitutional Rights In The Pursuit Of National Prestige, Dionne L. Koller
How The United States Government Sacrifices Athletes' Constitutional Rights In The Pursuit Of National Prestige, Dionne L. Koller
BYU Law Review
No abstract provided.
Shibboleths And Ceballos. Eroding Constitutional Rights Through Pseudocommunication, Susan Stuart
Shibboleths And Ceballos. Eroding Constitutional Rights Through Pseudocommunication, Susan Stuart
BYU Law Review
No abstract provided.
The Insignificance Of The Blaine Amendment, Steven K. Green
The Insignificance Of The Blaine Amendment, Steven K. Green
BYU Law Review
No abstract provided.
The Constitutional Parameters Of School Choice, Clint Bolick
The Constitutional Parameters Of School Choice, Clint Bolick
BYU Law Review
No abstract provided.
State Constitutionality And Adequacy: Signposts Of Concern On Utah's Path Toward Developing Vouchers, Scott Ellis Ferrin, Pamela R. Hallam
State Constitutionality And Adequacy: Signposts Of Concern On Utah's Path Toward Developing Vouchers, Scott Ellis Ferrin, Pamela R. Hallam
BYU Law Review
No abstract provided.
Constrained By The Liberal Tradition: Why The Supreme Court Has Not Found Positive Rights In The American Constitution
BYU Law Review
No abstract provided.
Racial Adjudication, Andrew M. Carlon