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Full-Text Articles in Law
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 …
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.
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.
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.
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.
Religion In The Public Sphere: Challenges And Opportunities, Blandine Chelini-Pont
Religion In The Public Sphere: Challenges And Opportunities, Blandine Chelini-Pont
BYU Law Review
No abstract provided.
Religion In The Public Sphere: Challenges And Opportunities In Ghanaian Lawmaking, 1989-2004, Elom Dovlo
Religion In The Public Sphere: Challenges And Opportunities In Ghanaian Lawmaking, 1989-2004, Elom Dovlo
BYU Law Review
No abstract provided.
Rethinking The Role Of Religion In Changing Public Spheres: Some Comparative Perspectives, Rosalind I.J. Hackett
Rethinking The Role Of Religion In Changing Public Spheres: Some Comparative Perspectives, Rosalind I.J. Hackett
BYU Law Review
No abstract provided.
Religion In The Public Sphere: Challenges And Opportunities In Japan, Hiroaki Kobayashi
Religion In The Public Sphere: Challenges And Opportunities In Japan, Hiroaki Kobayashi
BYU Law Review
No abstract provided.
The Autonomy Of Church And State, Brett G. Scharffs
The Autonomy Of Church And State, Brett G. Scharffs
BYU Law Review
No abstract provided.
Dissent And Disestablishment: The Church-State Settlement In The Early American Republic, Carl H. Esbeck
Dissent And Disestablishment: The Church-State Settlement In The Early American Republic, Carl H. Esbeck
BYU Law Review
No abstract provided.
Three Concepts Of Church Autonomy, Ronald R. Garet
Three Concepts Of Church Autonomy, Ronald R. Garet
BYU Law Review
No abstract provided.
The "Embarrassing" Section 134, Frederick Mark Gedicks
The "Embarrassing" Section 134, Frederick Mark Gedicks
BYU Law Review
No abstract provided.