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Constitutional Law

1997

Brigham Young University Law School

Articles 1 - 7 of 7

Full-Text Articles in Law

Congressional Power Over Federal Court Jurisdiction: A Defense Of The Neo-Federalist Interpretation Of Article Iil, Robert J. Pushaw Jr. Nov 1997

Congressional Power Over Federal Court Jurisdiction: A Defense Of The Neo-Federalist Interpretation Of Article Iil, Robert J. Pushaw Jr.

BYU Law Review

No abstract provided.

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Reflections On Constitutional Interpretation, Raoul Berger Sep 1997

Reflections On Constitutional Interpretation, Raoul Berger

BYU Law Review

No abstract provided.

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Mcknight V. Rees: Delineating The Qualified Immunity "Haves" And "Have-Nots" Among Private Parties, James L. Ahlstrom May 1997

Mcknight V. Rees: Delineating The Qualified Immunity "Haves" And "Have-Nots" Among Private Parties, James L. Ahlstrom

BYU Law Review

No abstract provided.

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Advancing Education Through Education Clauses Of State Constitutions, Robert M. Jensen False Mar 1997

Advancing Education Through Education Clauses Of State Constitutions, Robert M. Jensen False

Brigham Young University Education and Law Journal

No abstract provided.

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There Is No Such Thing As A Harmless Constitutional Error: Returning To A Rule Of Automatic Reversal, James Edward Wicht Iii Mar 1997

There Is No Such Thing As A Harmless Constitutional Error: Returning To A Rule Of Automatic Reversal, James Edward Wicht Iii

Brigham Young University Journal of Public Law

No abstract provided.

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Protecting Both Ethnic Minorities And The Equal Protection Clause: The Dilemma Of Language-Based Peremptory Challenges, Justin B. Denton Mar 1997

Protecting Both Ethnic Minorities And The Equal Protection Clause: The Dilemma Of Language-Based Peremptory Challenges, Justin B. Denton

BYU Law Review

No abstract provided.

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Conservatives, Liberals, Romantics: The Persistent Quest For Certainty In Constitutional Interpretation, Frederick Mark Gedicks Jan 1997

Conservatives, Liberals, Romantics: The Persistent Quest For Certainty In Constitutional Interpretation, Frederick Mark Gedicks

Faculty Scholarship

Despite their considerable ideological differences, "conservative originalists" such as Robert Bork and "progressive originalists" such as Michael Perry both divide the process of understanding into cognitive (or "objective") and normative (or "subjective") aspects. The determination of the original meaning of the Constitution is methodologically separated from the question how this predetermined meaning should be applied in a particular case. This places both conservative and progressive originalists squarely in the tradition of Romantic hermeneutics, which sought to overcome the uncertainty and imprecision of textual interpretation by developing a "science of interpretation" which purported to be as epistemologically reliable as the methods …

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