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Full-Text Articles in Law
“Any”, James J. Brudney, Ethan J. Leib
“Any”, James J. Brudney, Ethan J. Leib
BYU Law Review
Our statute books use the word “any” ubiquitously in coverage and exclusion provisions. As any reader of the Supreme Court’s statutory interpretation docket would know, a large number of cases turn on the contested application of this so-called universal quantifier. It is hard to make sense of the jurisprudence of “any.” And any effort to offer a unified approach—knowing precisely when its scope is expansive (along the “literal-meaning” lines of “every” and “all”) or confining (having a contained domain related to properties provided by contextual cues)—is likely to fail. This Article examines legislative drafting manuals, surveys centuries of Court decisions, …
Bill Of Rights Nondelegation, Eli Nachmany
Bill Of Rights Nondelegation, Eli Nachmany
BYU Law Review
Speculation about the “revival” of the nondelegation doctrine has reached a fever pitch. Although the Supreme Court apparently has not applied the nondelegation doctrine to declare a federal statute unconstitutional since 1935, the doctrine may be making a comeback. The common understanding is that the nondelegation doctrine prohibits Congress from “delegating” legislative power to the executive branch. While the nondelegation doctrine may appear to be about limiting Congress, its ultimate target is delegation. But if the nondelegation doctrine is about policing delegation, then the Court has been regularly — and rigorously — applying the doctrine in a different context: In …
Is Trade Sexist? How “Pink” Tariff Policies’ Harmful Effects Can Be Curtailed Through Litigation And Legislation, Miranda Hatch
Is Trade Sexist? How “Pink” Tariff Policies’ Harmful Effects Can Be Curtailed Through Litigation And Legislation, Miranda Hatch
BYU Law Review
No abstract provided.
The Internet Immunity Escape Hatch, Gregory M. Dickinson
The Internet Immunity Escape Hatch, Gregory M. Dickinson
BYU Law Review
Internet immunity doctrine is broken, and Congress is helpless. Under Section 230 of the Communications Decency Act of 1996, online entities are absolutely immune from lawsuits related to content authored by third parties. The law has been essential to the internet’s development over the last twenty years, but it has not kept pace with the times and is now deeply flawed. Democrats demand accountability for online misinformation. Republicans decry politically motivated censorship. And all have come together to criticize Section 230’s protection of bad-actor websites. The law’s defects have put it at the center of public debate, with more than …
Creating Oases Throughout America’S Food Deserts, Hannah M. Dahle
Creating Oases Throughout America’S Food Deserts, Hannah M. Dahle
BYU Law Review
No abstract provided.
A State Is A “They,” Not An “It”: Intrastate Conflicts In Multistate Challenges To The Affordable Care Act, Anthony Johnstone
A State Is A “They,” Not An “It”: Intrastate Conflicts In Multistate Challenges To The Affordable Care Act, Anthony Johnstone
BYU Law Review
No abstract provided.
Utility Token Offerings: Can A Security Transform Into A Non-Security?, Scott W. Maughan
Utility Token Offerings: Can A Security Transform Into A Non-Security?, Scott W. Maughan
BYU Law Review
No abstract provided.
Kill Me Through The Phone: The Legality Of Encouraging Suicide In An Increasingly Digital World, Sierra Taylor
Kill Me Through The Phone: The Legality Of Encouraging Suicide In An Increasingly Digital World, Sierra Taylor
BYU Law Review
No abstract provided.
Lobbying As A Strategy For Tribal Resilience, Kirsten Matoy Carlson
Lobbying As A Strategy For Tribal Resilience, Kirsten Matoy Carlson
BYU Law Review
Indian tribes have endured as separate governments despite the taking of their land, the forced relocation of their people, and the abrogation of their treaty rights. Many threats to tribal existence have stemmed from federal policies aimed at assimilating Indians into mainstream American society. In crafting these policies, members of Congress often relied on the input of non-Indians, including the Bureau of Indian Affairs. As a result, American Indians were largely left out of the federal policy–making process. This started to change in the 1970s when Congress adopted the Tribal Self-Determination Policy, which encouraged tribal participation in the creation of …
Congress, Let Bicycles Back In, Andrew Applegate
Congress, Let Bicycles Back In, Andrew Applegate
BYU Law Review
The Wilderness Act of 1964 protects certain federal lands in the United States, called “wilderness areas,” from human habitation and development. When the Wilderness Act was first passed, nonmotorized bicycle travel was allowed in wilderness areas. However, in 1984, the United States Forest Service altered its interpretation of the statutory text of the Wilderness Act and banned nonmotorized bicycle travel in wilderness areas. Seeking to reverse the Forest Service’s blanket-ban on bicycles in wilderness areas, bicycle activists sought a legislative remedy. In March of 2017, House Federal Lands Subcommittee Chairman Tom McClintock introduced House Bill 1349 to the United States …
Out Of Many, One: Discovering The Shared Statutory Speech Community Through Corpus Linguistics, Justin A. Miller
Out Of Many, One: Discovering The Shared Statutory Speech Community Through Corpus Linguistics, Justin A. Miller
BYU Law Review
No abstract provided.
#Ordinarymeaning: Using Twitter As A Corpus In Statutory Analysis, Lauren Simpson
#Ordinarymeaning: Using Twitter As A Corpus In Statutory Analysis, Lauren Simpson
BYU Law Review
No abstract provided.
Standing In For The State: Defending Ballot Initiatives In Federal Court Challenges, Joshua J. Bishop
Standing In For The State: Defending Ballot Initiatives In Federal Court Challenges, Joshua J. Bishop
BYU Law Review
No abstract provided.
The Weak Nondelegation Doctrine And American Trucking Associations V. Epa, Gabriel Clark
The Weak Nondelegation Doctrine And American Trucking Associations V. Epa, Gabriel Clark
BYU Law Review
No abstract provided.
The Independent Counsel Statute: A Premature Demise, Julian A. Cook Iii
The Independent Counsel Statute: A Premature Demise, Julian A. Cook Iii
BYU Law Review
No abstract provided.
Intrinsic Limits Of Congress' Power Regarding The Judicial Branch, David E. Engdahl
Intrinsic Limits Of Congress' Power Regarding The Judicial Branch, David E. Engdahl
BYU Law Review
No abstract provided.
Adarand Constructors V. Pena: Madisonian Theory As A Justification For Lesser Constitutional Scrutiny Of Federal Race-Conscious Legislation, Russell N. Watterson Jr.
Adarand Constructors V. Pena: Madisonian Theory As A Justification For Lesser Constitutional Scrutiny Of Federal Race-Conscious Legislation, Russell N. Watterson Jr.
BYU Law Review
No abstract provided.
A Tale Of Two Opinions: The Meaning Of Statutes And The Nature Of Judicial Decision-Making In The Administrative Context, Katherine L. Vaughns
A Tale Of Two Opinions: The Meaning Of Statutes And The Nature Of Judicial Decision-Making In The Administrative Context, Katherine L. Vaughns
BYU Law Review
No abstract provided.
Statutory Post-Judgment Interest: The Effect Of Legislative Changes After Judgment And Suggestions For Construction, Brian P. Miller
Statutory Post-Judgment Interest: The Effect Of Legislative Changes After Judgment And Suggestions For Construction, Brian P. Miller
BYU Law Review
No abstract provided.
Legal Evolution And Legislation, Alan Watson
County Sanitation District No.2 V. Los Angeles County Employees Association, Local 660: A Study In Judicial Legislation, G. Murray Snow
County Sanitation District No.2 V. Los Angeles County Employees Association, Local 660: A Study In Judicial Legislation, G. Murray Snow
BYU Law Review
No abstract provided.
Legislative History In The Interpretation Of Law: And Illustrative Case Study, Garth L. Magnum
Legislative History In The Interpretation Of Law: And Illustrative Case Study, Garth L. Magnum
BYU Law Review
No abstract provided.
Truth-In-Testing Legislation: A Brief For The Status Quo, Alan B. Asay
Truth-In-Testing Legislation: A Brief For The Status Quo, Alan B. Asay
BYU Law Review
No abstract provided.
Application Of The "Exculpatory No" Defense To Prosecutions Under 18 U.S.C. $ 1001: United States V. Fitzgibbon, James M. Dester
Application Of The "Exculpatory No" Defense To Prosecutions Under 18 U.S.C. $ 1001: United States V. Fitzgibbon, James M. Dester
BYU Law Review
No abstract provided.
Age Discrimination In Employment Act Amendments Of 1978: Tension Between Congress And The Courts, John A. Adams, Jay D. Pimentel
Age Discrimination In Employment Act Amendments Of 1978: Tension Between Congress And The Courts, John A. Adams, Jay D. Pimentel
BYU Law Review
No abstract provided.
The Supreme Court's Interpretation Of The Civil Rights Act Of 1964: Liberty, Equality And The Limitation Of Judicial Power, Stephen L. Fluckiger
The Supreme Court's Interpretation Of The Civil Rights Act Of 1964: Liberty, Equality And The Limitation Of Judicial Power, Stephen L. Fluckiger
BYU Law Review
No abstract provided.
Agency Discretion To Accept Comment In Informal Rulemaking: What Constitutes "Good Cause" Under The Administrative Procedure Act?, Layne M. Campbell
Agency Discretion To Accept Comment In Informal Rulemaking: What Constitutes "Good Cause" Under The Administrative Procedure Act?, Layne M. Campbell
BYU Law Review
No abstract provided.