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Full-Text Articles in Law
Political Fragmentation In The Democracies Of The West, Richard H. Pildes
Political Fragmentation In The Democracies Of The West, Richard H. Pildes
Brigham Young University Journal of Public Law
The decline of effective government throughout most Western democracies poses one of the greatest challenges democracy currently confronts. The importance of effective government receives too little attention in democratic and legal theory, yet the inability to deliver effective government can lead citizens to alienation, distrust, and withdrawal from participation, and worse, to endorse authoritarian leaders who promise to cut through the dysfunctions of democratic governments.
A major reason for this decline in effective government is that democracies have become more politically fragmented. Political power has been dispersed among many more political parties, organized groups, and even more spontaneous, instantly mobilized …
A Juror’S Religious Freedom Bill Of Rights, Antony Barone Kolenc
A Juror’S Religious Freedom Bill Of Rights, Antony Barone Kolenc
BYU Law Review
The prosecution of Democrat Congresswoman Corrine Brown for campaign corruption was perhaps the most significant and dramatic political trial ever to hit Northeast Florida—and that was before the Holy Spirit showed up and spoke to Juror 13 during deliberations. The Brown case is the springboard for the article’s focus on a juror’s right to religious liberty, one of the nation’s most precious constitutional rights. The Article addresses first principles behind the process of jury selection in the United States, as well as the importance and safeguarding of religious liberty in the U.S. Constitution. It then proposes six tenets to be …
Political Partisanship And Sincere Religious Conviction, Mark Satta
Political Partisanship And Sincere Religious Conviction, Mark Satta
BYU Law Review
In order for a religious conviction to receive protection under the First Amendment or the Religious Freedom Restoration Act (RFRA), it must be a sincere religious conviction. Some critics of the Supreme Court’s ruling in Burwell v. Hobby Lobby have suggested that the plaintiffs in that case and in related cases were motivated more by political ideology than by sincere religious conviction. The remedy, they argue, is for courts to be quicker to scrutinize claims of religious sincerity. In this Article, I consider another possibility—namely, that current sociopolitical partisanship in the United States has eroded a clear distinction between political …
Separated At Baptism: What The Mortara Case Can Teach Us About The Rejection Of Natural Justice By Integralists And Progressives, Francis J. Beckwith
Separated At Baptism: What The Mortara Case Can Teach Us About The Rejection Of Natural Justice By Integralists And Progressives, Francis J. Beckwith
BYU Law Review
No abstract provided.
Political Trust, Kevin Vallier
Addressing The Next State Fiscal Crisis: Toward An Ex Ante Scheme Of Federal Assistance To States In Fiscal Distress, Omer Kimhi
BYU Law Review
Every several years, usually after a national recession, and also as a result of the C OVID 19 pandemic, states enter financial difficulties. These difficulties spur a debate, both in the political arena and in the academic literature, concerning the appropriate federal response. Some advocate for federal bailouts to rescue the distressed states, while others argue that the states need to deal with their troubles independently or with the help of state bankruptcy legislation. The Article explores the proper federal response to states’ fiscal fiscal crises.
The Article argues that the current (suggested) responses – state bankruptcy and ex-post discretionary …
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.
Dissent And The Rule Of Law, Russell D. Covey
Dissent And The Rule Of Law, Russell D. Covey
Brigham Young University Journal of Public Law
Both the right to dissent and the “rule of law” are celebrated and frequently invoked values. Yet widespread popular dissent, such as that seen in the recent Black Lives Matter protests sparked by the police killing of George Floyd and others and a strong backlash against protestors by some political leaders, has deeply challenged the compatibility of those values. This tension raises deep theoretical questions about the essential concept of the rule of law, questions that have not yet been addressed by legal theorists. Consensus is greatest with respect to some of the formal characteristics of the rule of law, …
Christian Accounts Of Religious Liberty: Two Views Of Conscience, Joel Harrison
Christian Accounts Of Religious Liberty: Two Views Of Conscience, Joel Harrison
BYU Law Review
No abstract provided.
Catholicism, Liberalism, And Populism, Andrea Pin, Luca P. Vanoni
Catholicism, Liberalism, And Populism, Andrea Pin, Luca P. Vanoni
BYU Law Review
No abstract provided.
Engineering The Modern Administrative State: Political Accommodation And Legal Strategy In The New Deal Era, Daniel B. Rodriguez, Barry R. Weingast
Engineering The Modern Administrative State: Political Accommodation And Legal Strategy In The New Deal Era, Daniel B. Rodriguez, Barry R. Weingast
BYU Law Review
Administrative constitutionalism in the United States has been characterized by tension and accommodation. The tension reflects the unsettled nature of our constitutional scheme, especially with regard to separation of powers, and also the concern with agency discretion and performance. Still and all, we have accommodated administrative constitutionalism in fundamental ways, through a constitutional jurisprudence that, in the main, accepts broad delegations of regulatory power to the bureaucracy and an administrative law that oversees agency actions under procedural and substantive guidelines. This was not always the case. In this Article , part one of a larger project, we revisit the critical …
Forward: State Enforcement In An Interstate World, Margaret H. Lemos
Forward: State Enforcement In An Interstate World, Margaret H. Lemos
BYU Law Review
“State Enforcement in an Interstate World” is an important topic—fully deserving of all the attention it has received. Past commentators on this topic have generally treated the federal government as a unitary entity. Building on prior work on the subject, this Article explores the polycentric nature of federal regulatory authority and shows how cooperation and rivalry have long been dominant realities of the modern administrative state. The Article discusses how these dynamics complicate analysis of state enforcement in an interstate world and identifies strategies for reducing the frequency and magnitude of the seemingly inevitable conflicts.
It’S Whose Party? Accurately Defining Political Parties In First Amendment Cases, Makade Claypool
It’S Whose Party? Accurately Defining Political Parties In First Amendment Cases, Makade Claypool
BYU Law Review
No abstract provided.
Deregulation Defanged: An Empirical Review Of Federal Deregulatory Policy And Its Legal Obstacles, Jack Thorlin
Deregulation Defanged: An Empirical Review Of Federal Deregulatory Policy And Its Legal Obstacles, Jack Thorlin
Brigham Young University Journal of Public Law
No abstract provided.
The Politics Of The Law-Politics Dichotomy, Stephen M. Feldman
The Politics Of The Law-Politics Dichotomy, Stephen M. Feldman
Brigham Young University Journal of Public Law
Throughout American history, judges and legal scholars have articulated and maintained a sharp separation between law and politics. This essay asks the question: Why do so many judges and scholars devote so much time and energy to bolstering this law-politics dichotomy? Using William Baude and Stephen E. Sachs’s recent article “The Law of Interpretation as a Sp ringboard,” this essay explores the history and political valence of the dichotomy. From Baude and Sach’s perspective, politics is like a disease: if it infects legal interpretation, then it threatens the health of the judicial process. But the history of the law-politics dichotomy …
The Politics Of The Law-Politics Dichotomy, Dean E. Conder
The Politics Of The Law-Politics Dichotomy, Dean E. Conder
Brigham Young University Journal of Public Law
Throughout American history, judges and legal scholars have articulated and maintained a sharp separation between law and politics. This essay asks the question: Why do so many judges and scholars devote so much time and energy to bolstering this law-politics dichotomy? Using William Baude and Stephen E. Sachs’s recent article “The Law of Interpretation as a Sp ringboard,” this essay explores the history and political valence of the dichotomy. From Baude and Sach’s perspective, politics is like a disease: if it infects legal interpretation, then it threatens the health of the judicial process. But the history of the law-politics dichotomy …
Religion And Neutrality: Myth, Principle, And Meaning , Rafael Palomino
Religion And Neutrality: Myth, Principle, And Meaning , Rafael Palomino
BYU Law Review
No abstract provided.
The Architecture Of Accountability: A Case Study Of The Warrantless Surveillance Program, Kathleen Clark
The Architecture Of Accountability: A Case Study Of The Warrantless Surveillance Program, Kathleen Clark
BYU Law Review
No abstract provided.
In Defense Of The Post-Partisan President: Toward The Boundary Between "Partisan" Advantage And "Political" Choice, David C. Weiss
In Defense Of The Post-Partisan President: Toward The Boundary Between "Partisan" Advantage And "Political" Choice, David C. Weiss
Brigham Young University Journal of Public Law
No abstract provided.
Suboptimal Executive Privilege, Stephen C. N. Lilley
Suboptimal Executive Privilege, Stephen C. N. Lilley
BYU Law Review
No abstract provided.
Laity And Laicism: Are These Catholic Categories Of Any Use In Analyzing Chilean Church-State Relations? , Jorge Precht Pizarro
Laity And Laicism: Are These Catholic Categories Of Any Use In Analyzing Chilean Church-State Relations? , Jorge Precht Pizarro
BYU Law Review
No abstract provided.
Protecting The Appropriations Power: Why Congress Should Care About Settlements At The Department Of Justice, Todd David Peterson
Protecting The Appropriations Power: Why Congress Should Care About Settlements At The Department Of Justice, Todd David Peterson
BYU Law Review
No abstract provided.
The Sound Of Congressional Silence: Judicial Distortion Of The Legislative-Executive Balance Of Power, Matthew Baker
The Sound Of Congressional Silence: Judicial Distortion Of The Legislative-Executive Balance Of Power, Matthew Baker
BYU Law Review
No abstract provided.
How To Entrench A De Facto State Church In Russia: A Guide In Progress, Robert C. Blitt
How To Entrench A De Facto State Church In Russia: A Guide In Progress, Robert C. Blitt
BYU Law Review
No abstract provided.
Actor Preference And The Implementation Of Ins V. Chadha, Darren A. Wheeler
Actor Preference And The Implementation Of Ins V. Chadha, Darren A. Wheeler
Brigham Young University Journal of Public Law
No abstract provided.
Legal Aspects Of Church-State Relations In Post-Revolutionary Georgia, Khatuna Tsintsadze
Legal Aspects Of Church-State Relations In Post-Revolutionary Georgia, Khatuna Tsintsadze
BYU Law Review
No abstract provided.
The New Biopolitics: Autonomy, Demography, And Nationhood, Jedediah Purdy
The New Biopolitics: Autonomy, Demography, And Nationhood, Jedediah Purdy
BYU Law Review
No abstract provided.
Religious Law And Secular Law In Democracy: The Evolutions Of The Roman Catholic Doctrine After The Second Vatican Council, Louis-Leon Christians
Religious Law And Secular Law In Democracy: The Evolutions Of The Roman Catholic Doctrine After The Second Vatican Council, Louis-Leon Christians
BYU Law Review
No abstract provided.
Establishment Clause Jurisprudence And The Free Exercise Dilemma: A Structural Unitary-Accommodationist Argument For The Constitutionality Of God In The Public Square, Carolyn A. Deverich
Establishment Clause Jurisprudence And The Free Exercise Dilemma: A Structural Unitary-Accommodationist Argument For The Constitutionality Of God In The Public Square, Carolyn A. Deverich
BYU Law Review
No abstract provided.
Challenges And Opportunities Facing Religious Freedom In The Public Square, Judge J. Clifford Wallace
Challenges And Opportunities Facing Religious Freedom In The Public Square, Judge J. Clifford Wallace
BYU Law Review
No abstract provided.