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BYU Law Review

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Articles 91 - 120 of 358

Full-Text Articles in Constitutional Law

Why The National Popular Vote Compact Is Unconstitutional, Norman R. Williams Dec 2012

Why The National Popular Vote Compact Is Unconstitutional, Norman R. Williams

BYU Law Review

Unable to secure passage of a federal constitutional amendment abolishing the Electoral College, several opponents of the Electoral College have sought to establish the direct, popular election of the President via an interstate compact according to which individual signatory states agree to appoint their presidential electors in accordance with the nationwide popular vote. Ostensibly designed to prevent elections, such as the one in 2000, in which the Electoral College “misfired” and chose the candidate who received fewer popular votes, the National Popular Vote Compact has been adopted by several states, including California. In this Article, I argue that the National …


The Dual-Faceted Federalism Framework And The Derivative Constitutional Status Of Local Governments, Michael W. Cannon Dec 2012

The Dual-Faceted Federalism Framework And The Derivative Constitutional Status Of Local Governments, Michael W. Cannon

BYU Law Review

No abstract provided.


The Constitution Limits Of The "National Consensus" Doctrine In Eighth Amendment Jurisprudence, Kevin White Nov 2012

The Constitution Limits Of The "National Consensus" Doctrine In Eighth Amendment Jurisprudence, Kevin White

BYU Law Review

No abstract provided.


Meaning And Scope Of The Restrictions Imposed By The Mexican Constitution On Ministers Of Worship, Jorge Adame Goddard Sep 2012

Meaning And Scope Of The Restrictions Imposed By The Mexican Constitution On Ministers Of Worship, Jorge Adame Goddard

BYU Law Review

No abstract provided.


Hungary's New Constitution And Its New Law On Freedom Of Religion And Churches: The Return Of The Sovereign, Renáta Uitz Sep 2012

Hungary's New Constitution And Its New Law On Freedom Of Religion And Churches: The Return Of The Sovereign, Renáta Uitz

BYU Law Review

No abstract provided.


Utah's Enabling Act And Congress's Enclave Clause Authority: Federalism Implications Of A Renewed State Sovereignty Movement, Spencer Driscoll Sep 2012

Utah's Enabling Act And Congress's Enclave Clause Authority: Federalism Implications Of A Renewed State Sovereignty Movement, Spencer Driscoll

BYU Law Review

No abstract provided.


United States V. Renzi: Reigning In The Speech Or Debate Clause To Fight Corruption In Congress Postrayburn, A.J. Green May 2012

United States V. Renzi: Reigning In The Speech Or Debate Clause To Fight Corruption In Congress Postrayburn, A.J. Green

BYU Law Review

No abstract provided.


Uneven “Neutrality”: Dual Standards And The Establishment Clause In Johnson V. Poway, Eric Jeppsen May 2012

Uneven “Neutrality”: Dual Standards And The Establishment Clause In Johnson V. Poway, Eric Jeppsen

BYU Law Review

No abstract provided.


Foreign Law As Legislative Fact In Constitutional Cases, A. Christopher Bryant May 2011

Foreign Law As Legislative Fact In Constitutional Cases, A. Christopher Bryant

BYU Law Review

No abstract provided.


Ignoring Purpose, Context, And History: The Tenth Circuit Court In American Atheists, Inc. V. Duncan, Steven Michael Lau Mar 2011

Ignoring Purpose, Context, And History: The Tenth Circuit Court In American Atheists, Inc. V. Duncan, Steven Michael Lau

BYU Law Review

No abstract provided.


An Originalist Theory Of Precedent: The Privileged Place Of Originalist Precedent, Lee J. Strang Nov 2010

An Originalist Theory Of Precedent: The Privileged Place Of Originalist Precedent, Lee J. Strang

BYU Law Review

No abstract provided.


Unraveling Lawrence's Concerns About Legislated Morality: The Constitutionality Of Laws Criminalizing The Sale Of Obscene Devices, Nathan R. Curtis Nov 2010

Unraveling Lawrence's Concerns About Legislated Morality: The Constitutionality Of Laws Criminalizing The Sale Of Obscene Devices, Nathan R. Curtis

BYU Law Review

No abstract provided.


How The Tenth Circuit’S Ruling In Martinez V. Beggs Affects The Deliberate Indifference Standard For Eighth Amendment Claims, Chad Olsen Mar 2010

How The Tenth Circuit’S Ruling In Martinez V. Beggs Affects The Deliberate Indifference Standard For Eighth Amendment Claims, Chad Olsen

BYU Law Review

No abstract provided.


A Fool For A Client: Competency Standards In Pro Se Cases , Reed Willis Mar 2010

A Fool For A Client: Competency Standards In Pro Se Cases , Reed Willis

BYU Law Review

No abstract provided.


Fair Housing And Roommates: Contesting A Presumption Of Constitutionality, Brooke Wright Dec 2009

Fair Housing And Roommates: Contesting A Presumption Of Constitutionality, Brooke Wright

BYU Law Review

No abstract provided.


Talking Originalism , Andrew B. Coan Nov 2009

Talking Originalism , Andrew B. Coan

BYU Law Review

No abstract provided.


Ways To Change: A Reevaluation Of Article V Campaigns And Legislative Constitutionalism , Mary Ziegler Nov 2009

Ways To Change: A Reevaluation Of Article V Campaigns And Legislative Constitutionalism , Mary Ziegler

BYU Law Review

No abstract provided.


Deliberative Constitutionalism, John J. Worley May 2009

Deliberative Constitutionalism, John J. Worley

BYU Law Review

No abstract provided.


Shibboleths And Ceballos. Eroding Constitutional Rights Through Pseudocommunication, Susan Stuart Dec 2008

Shibboleths And Ceballos. Eroding Constitutional Rights Through Pseudocommunication, Susan Stuart

BYU Law Review

No abstract provided.


How The United States Government Sacrifices Athletes' Constitutional Rights In The Pursuit Of National Prestige, Dionne L. Koller Dec 2008

How The United States Government Sacrifices Athletes' Constitutional Rights In The Pursuit Of National Prestige, Dionne L. Koller

BYU Law Review

No abstract provided.


State Constitutionality And Adequacy: Signposts Of Concern On Utah's Path Toward Developing Vouchers, Scott Ellis Ferrin, Pamela R. Hallam May 2008

State Constitutionality And Adequacy: Signposts Of Concern On Utah's Path Toward Developing Vouchers, Scott Ellis Ferrin, Pamela R. Hallam

BYU Law Review

No abstract provided.


The Insignificance Of The Blaine Amendment, Steven K. Green May 2008

The Insignificance Of The Blaine Amendment, Steven K. Green

BYU Law Review

No abstract provided.


The Constitutional Parameters Of School Choice, Clint Bolick May 2008

The Constitutional Parameters Of School Choice, Clint Bolick

BYU Law Review

No abstract provided.


Constrained By The Liberal Tradition: Why The Supreme Court Has Not Found Positive Rights In The American Constitution Dec 2007

Constrained By The Liberal Tradition: Why The Supreme Court Has Not Found Positive Rights In The American Constitution

BYU Law Review

No abstract provided.


Racial Adjudication, Andrew M. Carlon Dec 2007

Racial Adjudication, Andrew M. Carlon

BYU Law Review

No abstract provided.


The Brand X Constitution, Richard Murphy Dec 2007

The Brand X Constitution, Richard Murphy

BYU Law Review

No abstract provided.


Bormann Revisited: Using The Penn Central Test To Determine The Constitutionality Of Right-To-Farm Statutes, Jeffiy R. Gittins Dec 2006

Bormann Revisited: Using The Penn Central Test To Determine The Constitutionality Of Right-To-Farm Statutes, Jeffiy R. Gittins

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 Sep 2006

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.


Fixing The Constable's Blunder: Can One Trial Judge In One County In One State Nudge A Nation Beyond The Exclusionary Rule?, H. Mitchell Caldwell Mar 2006

Fixing The Constable's Blunder: Can One Trial Judge In One County In One State Nudge A Nation Beyond The Exclusionary Rule?, H. Mitchell Caldwell

BYU Law Review

No abstract provided.


Constitutionality Of Testing High School Male Athletes For Steroids Under Vernonia School District V. Acton And Board Of Education V. Earls, Thomas Proctor Dec 2005

Constitutionality Of Testing High School Male Athletes For Steroids Under Vernonia School District V. Acton And Board Of Education V. Earls, Thomas Proctor

BYU Law Review

No abstract provided.