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Articles 1 - 13 of 13
Full-Text Articles in Law
"Standing" On Formality: Hollingsworth V. Perry And The Efficacy Of Direct Democracy In The United States, Matthew Melone, George A. Nation Iii
"Standing" On Formality: Hollingsworth V. Perry And The Efficacy Of Direct Democracy In The United States, Matthew Melone, George A. Nation Iii
Brigham Young University Journal of Public Law
No abstract provided.
What Color Is The Number Seven? Category Mistakes Analysis And The "Legislative/Non-Legislative" Distinction, John Martinez
What Color Is The Number Seven? Category Mistakes Analysis And The "Legislative/Non-Legislative" Distinction, John Martinez
Brigham Young University Journal of Public Law
No abstract provided.
War Over Words: Reinterpreting "Hostilities" And The War Powers Resolution, Eileen Burgin
War Over Words: Reinterpreting "Hostilities" And The War Powers Resolution, Eileen Burgin
Brigham Young University Journal of Public Law
No abstract provided.
Justice As A Luxury? The Inefficacy Of Middle Class Pro Se Litigation And Exploring Unbundling As A Partial Solution, Deborah Beth Medows
Justice As A Luxury? The Inefficacy Of Middle Class Pro Se Litigation And Exploring Unbundling As A Partial Solution, Deborah Beth Medows
Brigham Young University Journal of Public Law
No abstract provided.
Essay: Philemon, Marbury, And The Passive-Aggressive Assertion Of Legal Authority, Paul J. Larkin Jr.
Essay: Philemon, Marbury, And The Passive-Aggressive Assertion Of Legal Authority, Paul J. Larkin Jr.
Brigham Young University Journal of Public Law
No abstract provided.
Eric Holder's Recent Curtailment Of Mandatory Minimum Sentencing, Its Implications, And Prospects For Effective Reform, Alan Dahl
Brigham Young University Journal of Public Law
No abstract provided.
Symbolic Politics For Disempowered Communities: State Environmental Justice Policies, Tonya Lewis, Jessica Owley
Symbolic Politics For Disempowered Communities: State Environmental Justice Policies, Tonya Lewis, Jessica Owley
Brigham Young University Journal of Public Law
No abstract provided.
Drilling Down: New York, Hydraulic Fracturing, And The Dormant Commerce Clause, Meredith A. Wegener
Drilling Down: New York, Hydraulic Fracturing, And The Dormant Commerce Clause, Meredith A. Wegener
Brigham Young University Journal of Public Law
The debate surrounding hydraulic fracturing and natural gas development from shale rock needs no embellishment. This highly sought resource and highly fought drilling technique trigger significant concerns: human health, energy independence, national security, water safety, air quality, agricultural well-being, outdoor aesthetic impairment, government involvement at all levels and by all branches, and economic development and sustainability. Whether actively participating in this conversation or not, everyone has a stake in the resolution of whether to allow this technique to be utilized and these resources to be produced.
Safeguarding The Commander's Authority To Review The Findings Of A Court-Martial, Andrew S. Williams
Safeguarding The Commander's Authority To Review The Findings Of A Court-Martial, Andrew S. Williams
Brigham Young University Journal of Public Law
There are many good reasons why the military justice system is different than the civilian system. Much deserves to be said about why commanders must retain oversight and control over the court-martial process. The purpose of this paper is more limited in scope. It is to demonstrate that a court-martial panel is not a true jury and that the commander should retain the authority to review its findings for this reason alone.
Constitutional Interpretation And History: New Originalism Or Eclecticism?, Stephen M. Feldman
Constitutional Interpretation And History: New Originalism Or Eclecticism?, Stephen M. Feldman
Brigham Young University Journal of Public Law
The goal of originalism has always been purity. Originalists claim that their methods cleanse constitutional interpretation of politics, discretion, and indeterminacy. The key to attaining purity is history. Originalist methods supposedly discern in history a fixed constitutional meaning. Many originalists now claim that the most advanced method—the approach that reveals the purest constitutional meaning—is reasonable-person originalism. These new originalists ask the following question: When the Constitution was adopted, how would a hypothetical reasonable person have understood the text? This Article examines historical evidence from the early decades of nationhood to achieve two goals. First, it demonstrates that reasonable-person originalism is …
Planting Seeds Of Order: How The State Can Create, Shape, And Use Customary Law, Bryan H. Druzin
Planting Seeds Of Order: How The State Can Create, Shape, And Use Customary Law, Bryan H. Druzin
Brigham Young University Journal of Public Law
This paper argues that government can strategically trigger the emergence of customary law in order to achieve specific policy ends. While much has been written on customary law, the idea that the State can stimulate its emergence is a radical notion with clear policy implications. Harnessed correctly, such an approach could be a powerful legislative weapon to create, sustain, and even redirect social order. Building upon basic insights from game theory, the paper posits a way to do this: policymakers can deliberately recreate the social conditions that foster the emergence of customary order. The paper, however, draws a sharp divide …
The Best Interest Is The Child: A Historical Philosophy For Modern Issues, Lahny R. Silva
The Best Interest Is The Child: A Historical Philosophy For Modern Issues, Lahny R. Silva
Brigham Young University Journal of Public Law
A little over a century after the creation of the first juvenile court in America, the states and the federal government continue to try to find an effective and practical solution to juvenile delinquency. Beginning with the “Best Interest of the Child Standard” in 1899, juvenile justice policy has evolved into a mixed bag of philosophies. State statutes littered with “Best Interest” rhetoric, have interestingly resulted in state policies that are retributive in nature and disproportionately affect minority communities. The disconnect between theory and practice is the product of decades of socio-political influence on juvenile justice policy as well as …