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Articles 1 - 16 of 16
Full-Text Articles in Law
Race, Ethnicity, And Fair Housing Enforcement: A Regional Analysis, Charles S. Bullock Iii, Charles M. Lamb, Eric M. Wilk
Race, Ethnicity, And Fair Housing Enforcement: A Regional Analysis, Charles S. Bullock Iii, Charles M. Lamb, Eric M. Wilk
Brigham Young University Journal of Public Law
This article systematically compares how federal, state, and local civil rights agencies in the ten standard regions of the United States enforce fair housing law complaints filed by Blacks and Latinos. Specifically, it explores the extent to which regional outcomes at all three levels of government are decided favorably where, between 1989 and 2010, a racial or ethnic violation of the Fair Housing Act of 1968 or the Fair Housing Amendments Act of 1988 is alleged. The results reveal significant variations in outcomes between these groups across the country. Most importantly, the probability of an outcome favorable to the complainant …
Byu Journal Of Public Law Volume 37 Number 2
Byu Journal Of Public Law Volume 37 Number 2
Brigham Young University Journal of Public Law
No abstract provided.
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 …
Rulemaking By Ambush: How Prohibitions Against It Became Dead Letters, Arthur G. Sapper
Rulemaking By Ambush: How Prohibitions Against It Became Dead Letters, Arthur G. Sapper
Brigham Young University Journal of Public Law
No abstract provided.
On The Place Of Self-Defense In Public Life: A Hobbesian Critique Of The Supreme Court’S Second Amendment, Rafi Reznik
On The Place Of Self-Defense In Public Life: A Hobbesian Critique Of The Supreme Court’S Second Amendment, Rafi Reznik
Brigham Young University Journal of Public Law
Contemporary Second Amendment law, which originated with the famous Heller decision (2008) and reached a new peak with Bruen (2022), relies on an implicit political theory. This article uncovers and critiques that theory. I argue that the Supreme Court’s Second Amendment jurisprudence positions interpersonal self-defense, and more generally individual response to crime, at the heart of the meaning of American citizenship. The paradigmatic citizen for whom state institutions should be designed is a self-defender, because, per the Court’s interpretive methodology, this is what the American people want. This line of cases thus attempts one of the most challenging feats of …
Updating The Berne Convention For The Internet Age: Un-Blurring The Line Between United States And Foreign Copyrighted Works, Ethan Schow
Brigham Young University Journal of Public Law
John Naughton, notable journalist and academic, has asserted that “[common sense] should also revolt at the idea that doctrines about copyright that were shaped in a pre-Internet age should apply to a post-Internet one.” And yet, in crucial aspects of international law, this is the situation in which the world finds itself today. The Berne Convention for the Protection of Literary and Artistic Works (the “Berne Convention” or the “Convention”) is one of the most important multinational agreements concerned with copyright law, but it has not been amended since September 28, 1979. Although the internet technically existed in an early …
Hospitals And Local Taxation: The Troubled Tale Of Property Tax, Matthew S. Johnson
Hospitals And Local Taxation: The Troubled Tale Of Property Tax, Matthew S. Johnson
Brigham Young University Journal of Public Law
The taxation of hospitals is plagued with subjectivity, which especially burdens nonprofit hospitals. Inconsistencies across localities further exacerbate the uncertainty encountered by nonprofit hospitals seeking local tax exemptions. While federal and state tax implications for nonprofit hospitals receive most of the attention from debaters and scholars, local property tax exemptions are also of significant value for nonprofit hospitals and have been largely overlooked. This Comment explores the policy arguments for and against nonprofit status for hospitals. It shows that while the federal government has chosen relatively bright-line rules for determining non-profit status, localities are far less predictable. This Comment contributes …
Reclaiming Humphrey’S Executor: Expertise And Impartiality In The Ftc, Thomas Smith
Reclaiming Humphrey’S Executor: Expertise And Impartiality In The Ftc, Thomas Smith
Brigham Young University Journal of Public Law
The commissioners of the Federal Trade Commission (FTC) sit just beyond the president’s removal power, for now. The U.S. Supreme Court has all but overruled Humphrey’s Executor, which declared the constitutionality of the FTC’s statutory protections from at-will presidential removal. Recent rulings in Seila Law, Free Enterprise Fund, and Collins held that restrictions on the president’s removal of various government agency officials are unconstitutional. Despite these cases, the Court has not directly overruled Humphrey’s Executor, and in theory, its precedent still provides the FTC commissioners with protection from the president’s removal power. However, the modern FTC is easily distinguishable from …
Byu Journal Of Public Law Volume 37 Number 1
Byu Journal Of Public Law Volume 37 Number 1
Brigham Young University Journal of Public Law
No abstract provided.
Sitla And How To Make It Pay: Two Proposals For Increasing The Profitability Of Utah’S School And Institutional Trust Lands, Katrina Cole
Sitla And How To Make It Pay: Two Proposals For Increasing The Profitability Of Utah’S School And Institutional Trust Lands, Katrina Cole
Brigham Young University Journal of Public Law
No abstract provided.
Schrödinger’S Cat: A Constitutional Alien In Australia?, Benjamen Franklen Gussen
Schrödinger’S Cat: A Constitutional Alien In Australia?, Benjamen Franklen Gussen
Brigham Young University Journal of Public Law
No abstract provided.
Instigator And Proxy Liability In The Context Of Information Operations, Carolyn Sharp
Instigator And Proxy Liability In The Context Of Information Operations, Carolyn Sharp
Brigham Young University Journal of Public Law
No abstract provided.
Information Leaking And The United States Supreme Court, Chad Marzen, Michael Conklin
Information Leaking And The United States Supreme Court, Chad Marzen, Michael Conklin
Brigham Young University Journal of Public Law
No abstract provided.
Recapturing The Orphan Drug Act: An Analysis Of Proposals, Rajdeep Trilokekar
Recapturing The Orphan Drug Act: An Analysis Of Proposals, Rajdeep Trilokekar
Brigham Young University Journal of Public Law
No abstract provided.