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Constitutional Law Commons™

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Brigham Young University Law School

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Articles 211 - 240 of 438

Full-Text Articles in Constitutional Law

Lifting Printz Off Dual Sovereignty: Back To A Functional Test For The Etiquette Of Federalism, Alfred R. Light May 1998

Lifting Printz Off Dual Sovereignty: Back To A Functional Test For The Etiquette Of Federalism, Alfred R. Light

Brigham Young University Journal of Public Law

No abstract provided.


The Evolution Of Religious Beliefs In A Constitutional Text, Alfredo Quispe Correa May 1998

The Evolution Of Religious Beliefs In A Constitutional Text, Alfredo Quispe Correa

BYU Law Review

No abstract provided.


Freedom Of Religion And Public Worship In Mexico: A Legal Commentary On The 1992 Federal Act On Religious Matters, Jorge A. Vargas May 1998

Freedom Of Religion And Public Worship In Mexico: A Legal Commentary On The 1992 Federal Act On Religious Matters, Jorge A. Vargas

BYU Law Review

No abstract provided.


Losing My Religion: Austria's New Religion Law In Light Of International And European Standards Of Religious Freedom, Christopher J. Miner May 1998

Losing My Religion: Austria's New Religion Law In Light Of International And European Standards Of Religious Freedom, Christopher J. Miner

BYU Law Review

No abstract provided.


Public School Dress Codes: The Constitutional Debate, Amy Mitchell Wilson Mar 1998

Public School Dress Codes: The Constitutional Debate, Amy Mitchell Wilson

Brigham Young University Education and Law Journal

No abstract provided.


Congressional Power Over Federal Court Jurisdiction: A Defense Of The Neo-Federalist Interpretation Of Article Iil, Robert J. Pushaw Jr. Nov 1997

Congressional Power Over Federal Court Jurisdiction: A Defense Of The Neo-Federalist Interpretation Of Article Iil, Robert J. Pushaw Jr.

BYU Law Review

No abstract provided.


Reflections On Constitutional Interpretation, Raoul Berger Sep 1997

Reflections On Constitutional Interpretation, Raoul Berger

BYU Law Review

No abstract provided.


Mcknight V. Rees: Delineating The Qualified Immunity "Haves" And "Have-Nots" Among Private Parties, James L. Ahlstrom May 1997

Mcknight V. Rees: Delineating The Qualified Immunity "Haves" And "Have-Nots" Among Private Parties, James L. Ahlstrom

BYU Law Review

No abstract provided.


There Is No Such Thing As A Harmless Constitutional Error: Returning To A Rule Of Automatic Reversal, James Edward Wicht Iii Mar 1997

There Is No Such Thing As A Harmless Constitutional Error: Returning To A Rule Of Automatic Reversal, James Edward Wicht Iii

Brigham Young University Journal of Public Law

No abstract provided.


Advancing Education Through Education Clauses Of State Constitutions, Robert M. Jensen False Mar 1997

Advancing Education Through Education Clauses Of State Constitutions, Robert M. Jensen False

Brigham Young University Education and Law Journal

No abstract provided.


Protecting Both Ethnic Minorities And The Equal Protection Clause: The Dilemma Of Language-Based Peremptory Challenges, Justin B. Denton Mar 1997

Protecting Both Ethnic Minorities And The Equal Protection Clause: The Dilemma Of Language-Based Peremptory Challenges, Justin B. Denton

BYU Law Review

No abstract provided.


Conservatives, Liberals, Romantics: The Persistent Quest For Certainty In Constitutional Interpretation, Frederick Mark Gedicks Jan 1997

Conservatives, Liberals, Romantics: The Persistent Quest For Certainty In Constitutional Interpretation, Frederick Mark Gedicks

Faculty Scholarship

Despite their considerable ideological differences, "conservative originalists" such as Robert Bork and "progressive originalists" such as Michael Perry both divide the process of understanding into cognitive (or "objective") and normative (or "subjective") aspects. The determination of the original meaning of the Constitution is methodologically separated from the question how this predetermined meaning should be applied in a particular case. This places both conservative and progressive originalists squarely in the tradition of Romantic hermeneutics, which sought to overcome the uncertainty and imprecision of textual interpretation by developing a "science of interpretation" which purported to be as epistemologically reliable as the methods …


Church-State Relations In The Czech Republic: Past Turmoil And Present Transformation, Elizabeth A. Clark Nov 1996

Church-State Relations In The Czech Republic: Past Turmoil And Present Transformation, Elizabeth A. Clark

BYU Law Review

No abstract provided.


Religious Freedom And Doctrines Of Reluctance In Post-Charter Canada, David H. Moore Nov 1996

Religious Freedom And Doctrines Of Reluctance In Post-Charter Canada, David H. Moore

BYU Law Review

No abstract provided.


The First Five-Year Span (1989-1994): Law And Religion In Post-Communist Hungary, Helen E. Hartnell Nov 1996

The First Five-Year Span (1989-1994): Law And Religion In Post-Communist Hungary, Helen E. Hartnell

BYU Law Review

No abstract provided.


The Hellenic Republic And The Prevailing Religion, Charalambos K. Papastathis Nov 1996

The Hellenic Republic And The Prevailing Religion, Charalambos K. Papastathis

BYU Law Review

No abstract provided.


Church-State Relations In The Russian Federation, Andrei Osharouich Protopopov Nov 1996

Church-State Relations In The Russian Federation, Andrei Osharouich Protopopov

BYU Law Review

No abstract provided.


Church And State In France, Belgium, And The Netherlands: Unexpected Similarities And Hidden Differences, Rik Torfs Nov 1996

Church And State In France, Belgium, And The Netherlands: Unexpected Similarities And Hidden Differences, Rik Torfs

BYU Law Review

No abstract provided.


Religious Liberties And Religious Tolerance: An Agenda For The Future, Michael K. Young Nov 1996

Religious Liberties And Religious Tolerance: An Agenda For The Future, Michael K. Young

BYU Law Review

No abstract provided.


Render To Caesar The Things That Are Caesar's, And To God The Things That Are God's": Conscientious Objection In The Russian Federation, Eric H. Anderson Nov 1996

Render To Caesar The Things That Are Caesar's, And To God The Things That Are God's": Conscientious Objection In The Russian Federation, Eric H. Anderson

BYU Law Review

No abstract provided.


Introduction: An Ambivalent View Of The Religious Equality Amendment, Frederick Mark Gedicks Sep 1996

Introduction: An Ambivalent View Of The Religious Equality Amendment, Frederick Mark Gedicks

BYU Law Review

No abstract provided.


Constitutional Imperfection, Judicial Misinterpretation, And The Politics Of Constitutional Amendment: Thoughts Generated By Some Current Proposals To Amend The Constitution, Sanford Levinson Sep 1996

Constitutional Imperfection, Judicial Misinterpretation, And The Politics Of Constitutional Amendment: Thoughts Generated By Some Current Proposals To Amend The Constitution, Sanford Levinson

BYU Law Review

No abstract provided.


Federalism And The Protection Of Rights: The Modern Ninth Amendment's Spreading Confusion, Thomas B. Mcaffee May 1996

Federalism And The Protection Of Rights: The Modern Ninth Amendment's Spreading Confusion, Thomas B. Mcaffee

BYU Law Review

No abstract provided.


Civil Rights And Federalism Fights: Is There A "More Perfect Union" For The Heirs To The Promise Of Brown?, Pace Jefferson Mcconkie May 1996

Civil Rights And Federalism Fights: Is There A "More Perfect Union" For The Heirs To The Promise Of Brown?, Pace Jefferson Mcconkie

BYU Law Review

No abstract provided.


Federalism, Separation Of Powers, And The Legacy Of Garcia, Rex E. Lee May 1996

Federalism, Separation Of Powers, And The Legacy Of Garcia, Rex E. Lee

BYU Law Review

No abstract provided.


The Meaning Of The "Unnecessary Rigor" Provision In The Utah Constitution, James G. Mclaren Mar 1996

The Meaning Of The "Unnecessary Rigor" Provision In The Utah Constitution, James G. Mclaren

Brigham Young University Journal of Public Law

No abstract provided.


Five Supreme Court Constitutions: Race-Based Scrutiny Past, Present, And Future, David Zimmerman Mar 1996

Five Supreme Court Constitutions: Race-Based Scrutiny Past, Present, And Future, David Zimmerman

Brigham Young University Journal of Public Law

No abstract provided.


A Critical Analysis Of Constitutional Claims For Same-Sex Marriage, Lynn D. Wardle Mar 1996

A Critical Analysis Of Constitutional Claims For Same-Sex Marriage, Lynn D. Wardle

BYU Law Review

No abstract provided.


People V. Bennett: Analytic Approaches To Recognizing A Fundamental Parental Right Under The Ninth Amendment, Daniel E. Witte Mar 1996

People V. Bennett: Analytic Approaches To Recognizing A Fundamental Parental Right Under The Ninth Amendment, Daniel E. Witte

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. Mar 1996

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.