Rights Without a Remedy: Detained Immigrants and Unlawful Conditions of Confinement, Brandon Galli-Graves
BYU Law Review

Frederick Douglass and the Original Originalists, Bradley Rebeiro
BYU Law Review

The Congruent Constitution (Part Two): Reverse Incorporation, Jay S. Bybee
BYU Law Review

The Congruent Constitution (Part One): Incorporation, Jay S. Bybee
BYU Law Review

Why the President Should Remain Commander in Chief of the D.C. National Guard, Christopher F. Melling
BYU Law Review

The Realities of Takings Litigation, Dave Owen
BYU Law Review

Back to the Sources? What’s Clear and Not So Clear About the Original Intent of the First Amendment, John Witte Jr.
BYU Law Review

Praying for America: The Anti-Theocracy and Equal Status Principles of the Free Exercise, Equal Protection and Establishment Clauses, Corey Brettschneider
BYU Law Review

Separated at Baptism: What the Mortara Case Can Teach Us About the Rejection of Natural Justice by Integralists and Progressives, Francis J. Beckwith
BYU Law Review

Political Partisanship and Sincere Religious Conviction, Mark Satta
BYU Law Review

Supreme Court Legitimacy: A Turn to Constitutional Practice, Thomas G. Donnelly
BYU Law Review

Redefining the Boundary Between Appropriation and Regulation, Jessica L. Asbridge
BYU Law Review

The Territorial and District Representation Amendment: A Proposal, Colin P.A. Jones
Brigham Young University Journal of Public Law

Informal Governance of the United States, Edward Lee
Brigham Young University Journal of Public Law

On Criminalizing Violent Speech, Amitai Etzioni
Brigham Young University Journal of Public Law

Linguistic Estoppel: A Custodial Interrogation Subject’s Reliance on Traditional Language Customs when Facing Unknown Expectations for Legally Efficacious Speech, Taylor J. Smith
BYU Law Review

Christian Accounts of Religious Liberty: Two Views of Conscience, Joel Harrison
BYU Law Review

Catholicism, Liberalism, and Populism, Andrea Pin, Luca P. Vanoni
BYU Law Review

Dignity and Discrimination, Frederick Mark Gedicks
BYU Law Review

False Positivism: The Failure of the Newest Originalism, Guha Krishnamurthi
BYU Law Review

Compelling Suspects to Unlock Their Phones: Recommendations for Prosecutors and Law Enforcement, Carissa A. Uresk
BYU Law Review

A Constitutional Right to a Functioning United States Government? Are Government Shutdowns Unconstitutional?, Allen Shoenberger
Brigham Young University Journal of Public Law

Re-Victimization of Domestic Violence Victims, Angela de la Garza
Brigham Young University Journal of Public Law

The Little Statute that Gets No Respect: How Courts Have Ignored the Administrative Procedure Act with Respect to Whether Pre-Enforcement Challenge Provisions are Exclusive, Arthur Sapper
Brigham Young University Journal of Public Law

Clark Memorandum: Fall 2020, J. Reuben Clark Law School, BYU Law School Alumni Association, J. Reuben Clark Law Society
The Clark Memorandum

State Enforcement in a Polycentric World, David A. Hyman, William E. Kovacic
BYU Law Review

Invasion of the Content-Neutrality Rule, William D. Araiza
BYU Law Review

It’s Whose Party? Accurately Defining Political Parties in First Amendment Cases, MaKade Claypool
BYU Law Review

Corpus Linguistics and Gun Control: Why Heller Is Wrong, Kyra Babcock Woods
BYU Law Review

Clark Memorandum: Spring 2020, J. Reuben Clark Law School, BYU Law School Alumni Association, J. Reuben Clark Law Society
The Clark Memorandum

Presidential Immunity from Prosecution: Tolling the Statute of Limitations, Margit Livingston
Brigham Young University Journal of Public Law

Freedom of Association, Extreme Partisan Gerrymandering, Justiciability and the Unmistakable Political Question Controversy, L. Darnell Weeden
Brigham Young University Journal of Public Law

The Decline of Denali’s Wolves: Federal Options in the Face of Non-Cooperative Wildlife Federalism, Catherine Danley
Brigham Young University Journal of Public Law

The Case of the Exemption Claimants: Religion, Conscience, and Identity, Steven D. Smith
BYU Law Review

Fixing Congress, Samuel A. Marcosson
Brigham Young University Journal of Public Law

A Rhetorical Revolution: the antithesis of the First Amendment, Eimi Priddis Yildirim
Brigham Young University Journal of Public Law

A Modest Proposal on Supreme Court Unanimity to Constitutionally Invalidate Laws, Dwight G. Duncan
Brigham Young University Journal of Public Law

A Modest Proposal on Supreme Court Unanimity to Constitutionally Invalidate Laws, Kyle S. McKay
Brigham Young University Journal of Public Law

Semantic Originalism, Moral Kinds, and the Meaning of the Constitution, Ash McMurray
BYU Law Review

Taking Cues from Congress: Judicial Review, Congressional Authorization, and the Expansion of Presidential Power, David H. Moore
David H. Moore

The Power of Words: A Comment on Hamann and Vogel’s Evidence-Based Jurisprudence Meets Legal Linguistics—Unlikely Blends Made in Germany, Mark C. Suchman
BYU Law Review

Advancing Law and Corpus Linguistics: Importing Principles and Practices from Survey and Content Analysis Methodologies to Improve Corpus Design and Analysis, James C. Phillips, Jesse Egbert
BYU Law Review

The Original Meaning of “religion” in the First Amendment: A Test Case of Originalism’s Utilization of Corpus Linguistics, Lee J. Strang
BYU Law Review

Corpus Linguistics as a Tool in Legal Interpretation, Lawrence M. Solan, Tammy Gales
BYU Law Review

Triangulating Public Meaning: Corpus Linguistics, Immersion, and the Constitutional Record, Lawrence B. Solum
BYU Law Review

Datamining the Meaning(s) of Progress, Jake Linford
BYU Law Review

Evidence-Based Jurisprudence Meets Legal Linguistics—Unlikely Blends Made in Germany, Hanjo Hamann, Friedemann Vogel
BYU Law Review

A Lawyer’s Introduction to Meaning in the Framework of Corpus Linguistics, Neal Goldfarb
BYU Law Review

Ordinary Meaning and Corpus Linguistics, Stefan Th. Gries, Brian G. Slocum
BYU Law Review

Comments on James C. Phillips & Jesse Egbert, Advancing Law and Corpus Linguistics: Importing Principles and Practices from Survey and Content-Analysis Methodologies to Improve Corpus Design and Analysis, Edward Finegan
BYU Law Review

The Dictionary as a Specialized Corpus, Jennifer L. Mascott
BYU Law Review

Who Decides? The Title IX Religious Exemption and Administrative Authority, Elise S. Faust
BYU Law Review

Why Religious Freedom? Why the Religiously Committed, the Religiously Indifferent, and Those Hostile to Religion Should Care, Brett G. Scharffs
BYU Law Review

Take the Fifth . . . Please!: The Original Insignificance of the Fifth Amendment’s Due Process of Law Clause, Gary Lawson
BYU Law Review

When Facts Don't Matter, Eric Berger
BYU Law Review

How the Constitution Shall Not Be Construed, Lochlan F. Shelfer
BYU Law Review

Making the Premises about Constitutional Meaning Express: The New Originalism and Its Critics, Andre LeDuc
Brigham Young University Journal of Public Law

Why Judicial Deference to Administrative Fact-Finding is Unconstitutional, John Gibbons
BYU Law Review

Quasi-Constitutional Protections and Government Surveillance, Emily Berman
BYU Law Review

On Doctrinal Confusion: The Case of the State Action Doctrine, Christopher W. Schmidt
BYU Law Review

Before There Were Mouseholes: Resurrecting the Non-delegation Doctrine, Joel Hood
Brigham Young University Journal of Public Law

The New Qualified Immunity, Aaron L. Nielson, Christopher J. Walker
Faculty Scholarship

The Particulate Constitution: Uncertainty and New Originalism, Elise Carter
BYU Law Review

A Half-Baked Law: How the Supreme Court's Decision in Koontz v. St. Johns River Water Management District Misses a Key Ingredient to Fifth Amendment Protection, Garrett W. Messerly
BYU Law Review

Originalism Talk: A Legal History, Mary Ziegler
BYU Law Review

The Original Understanding of Constitutional Legitimacy, Ilan Wurman
BYU Law Review

Constitutional Interpretation and History: New Originalism or Eclecticism?, Stephen M. Feldman
Brigham Young University Journal of Public Law

What Lies Beneath: Interpretive Methodology, Constitutional Authority, and the Case of Originalism, Christopher J. Peters
BYU Law Review

The Unnecessary and Restrictive Constitutional Amendments Concerning Religious Freedom in Mexico, Javier Saldaña Serrano
BYU Law Review

The Unconstitutionality of Religious Vilification Laws in Australia: Why Religious Vilification Laws are Contrary to the Implied Freedom of Political Communication Affirmed in the Australian Constitution, Augusto Zimmerman Dr.
BYU Law Review

The Shinto Cases: Religion, Culture, or Both—The Japanese Supreme Court and Establishment of Religion Jurisprudence, Frank S. Ravitch
BYU Law Review

“. . . Speak Now or Forever Hold Your Peace . . .” —The Influence of Constitutional Argument on Same-Sex Marriage Legislation Debates in Australia, Neville Rochow
BYU Law Review

Liberal Democracy and the Right to Religious Freedom, Aldir Guedes Soriano
BYU Law Review

Cross, Crucifix, Culture: An Approach to the Constitutional Meaning of Confessional Symbols, Frederick Mark Gedicks, Pasquale Annicchino
Faculty Scholarship

Reconciling Originalism with the Father of Conservatism: How Edmund Burke Answers the Disruption Dilemma in N.L.R.B. v. Noel Canning, Brad Masters
BYU Law Review

The Meaning of Science in the Copyright Clause, Ned Snow
BYU Law Review

The Spanish Law on Same-Sex Marriage: Constitutional Arguments, Carmen Garcimartin
Brigham Young University Journal of Public Law

The Constitutionality of Same-Sex Marriage in Australia (and Other Related Issues), Augusto Zimmermann
Brigham Young University Journal of Public Law

Let Me Count the Ways: The Unconstitutionality of Same-Sex-Marriage Bans, Mark Strasser
Brigham Young University Journal of Public Law

Equality Principles as Asserted Justifications for Mandating the Legalization of Same-Sex Marriage in American and Intercountry-Comparative Constitutional Law, Lynn D. Wardle
Brigham Young University Journal of Public Law

The Meaning and Good of Equality: Toward Enhanced Constitutional Principles, Scott FitzGibbon
Brigham Young University Journal of Public Law

“You Have the Right to Remain Silent”: Does the U.S. Constitution Require Public Affirmation of Same-Sex Marriage?, Robert A. Destro
Brigham Young University Journal of Public Law

Religions as Sovereigns: Why Religion is "Special", Elizabeth Clark
Faculty Scholarship

Originalism and Loving v. Virginia, Steven G. Calabresi, Andrea Matthews
BYU Law Review

The Dual-Faceted Federalism Framework and the Derivative Constitutional Status of Local Governments, Michael W. Cannon
BYU Law Review

Repudiating the Narrow Rule in Capital Sentencing, Scott W. Howe
BYU Law Review

Why the National Popular Vote Compact is Unconstitutional, Norman R. Williams
BYU Law Review

The Constitution Limits of the "National Consensus" Doctrine in Eighth Amendment Jurisprudence, Kevin White
BYU Law Review

Hungary's New Constitution and Its New Law on Freedom of Religion and Churches: The Return of the Sovereign, Renáta Uitz
BYU Law Review

Utah's Enabling Act and Congress's Enclave Clause Authority: Federalism Implications of a Renewed State Sovereignty Movement, Spencer Driscoll
BYU Law Review

Meaning and Scope of the Restrictions Imposed by the Mexican Constitution on Ministers of Worship, Jorge Adame Goddard
BYU Law Review

Uneven “Neutrality”: Dual Standards and the Establishment Clause in Johnson v. Poway, Eric Jeppsen
BYU Law Review

United States v. Renzi: Reigning in the Speech or Debate Clause to Fight Corruption in Congress PostRayburn, A.J. Green
BYU Law Review

"'The Spirit of the Law': Religious Voices and the Constitution in Modern America", Elizabeth Clark
Faculty Scholarship

Representation Without Documentation?: Unlawfully Present Aliens, Apportionment, the Doctrine of Allegiance, and the Law, Patrick J. Charles
Brigham Young University Journal of Public Law

Constitutional Aesthetics: Appending Amendments to the United States Constitution, Mehrdad Payandeh
Brigham Young University Journal of Public Law

Foreign Law as Legislative Fact in Constitutional Cases, A. Christopher Bryant
BYU Law Review

Ignoring Purpose, Context, and History: The Tenth Circuit Court in American Atheists, Inc. v. Duncan, Steven Michael Lau
BYU Law Review

The Heart of the Constitutional Enterprise: Affirming Equality and Freedom in Public Education, William E. Thro
Brigham Young University Education and Law Journal

An Originalist Theory of Precedent: The Privileged Place of Originalist Precedent, Lee J. Strang
BYU Law Review

Unraveling Lawrence's Concerns About Legislated Morality: The Constitutionality of Laws Criminalizing the Sale of Obscene Devices, Nathan R. Curtis
BYU Law Review

A Fool for a Client: Competency Standards in Pro Se Cases , Reed Willis
BYU Law Review

How the Tenth Circuit’s Ruling in Martinez v. Beggs Affects the Deliberate Indifference Standard for Eighth Amendment Claims, Chad Olsen
BYU Law Review

The “Constitution” of Marriage and the “Constitution” of Nations, Lynn D. Wardle
Faculty Scholarship

Fair Housing and Roommates: Contesting a Presumption of Constitutionality, Brooke Wright
BYU Law Review

Unto This Very Purpose, Neal A. Maxwell
Vol. 2: Service & Integrity

Talking Originalism , Andrew B. Coan
BYU Law Review

Ways to Change: A Reevaluation of Article V Campaigns and Legislative Constitutionalism , Mary Ziegler
BYU Law Review

Originalist Roots of Substantive Due Process, Frederick Mark Gedicks
Faculty Scholarship

Atmospheric Harms in Constitutional Law, Frederick Mark Gedicks
Faculty Scholarship

Deliberative Constitutionalism, John J. Worley
BYU Law Review

Patrick Henry's Influence on the Religion Clauses of the First Amendment-An Underappreciated View on Religious Freedom and Church & State in America, Debbie A. Snow
Student Research Papers

A Virtuous Foundation: The Founders' Understanding of Virtue's Vital Role in the Government of the United States, Kelly N. Schaeffer-Bullock
Student Research Papers

Why Rhode Island Never Showed Up and Its Impact on the Constitution, Michael Lewis
Student Research Papers

Property Right or Economic Incentive?, Kenneth Pike
Student Research Papers

How Did We Get the Double Jeopardy Clause?, Matthew R. Morrise
Student Research Papers

Life, Liberty, and the Pursuit of Education: How the Founders Omitted Education from the Founding Documents, McKenna Woodger
Student Research Papers

Contraband and the Constitution: How Smuggling Influenced the Commerce Powers of the National Government, Jeremy M. Seeley
Student Research Papers

The Seeds of Conflict: Slavery, the Constitution, and the Civil War, W. Blair Larsen
Student Research Papers

An Opinion Without Standards: The Supreme Court's Refusal to Adopt a Standard of Constitutional Review in District of Columbia v. Heller Will Likely Cause Headaches for Future Judicial Review of Gun-Control Regulations, Ryan L. Card
Brigham Young University Journal of Public Law

Constitutionality of Home Education: How the Supreme Court and American History Endorse Parental Choice, Chad Olsen
Brigham Young University Education and Law Journal

An Originalist Defense of Substantive Due Process: Magna Carta, Higher-Law Constitutionalism, and the Fifth Amendment, Frederick Mark Gedicks
Faculty Scholarship

Shibboleths and Ceballos. Eroding Constitutional Rights Through Pseudocommunication, Susan Stuart
BYU Law Review

How the United States Government Sacrifices Athletes' Constitutional Rights in the Pursuit of National Prestige, Dionne L. Koller
BYU Law Review

State Constitutionality and Adequacy: Signposts of Concern on Utah's Path Toward Developing Vouchers, Scott Ellis Ferrin, Pamela R. Hallam
BYU Law Review

The Constitutional Parameters of School Choice, Clint Bolick
BYU Law Review

The Insignificance of the Blaine Amendment, Steven K. Green
BYU Law Review

How the Signing Statement Thought it Killed the Veto; How the Veto May Have Killed the Signing Statement, Jeremy M. Seeley
Brigham Young University Journal of Public Law

The Commander in Chief Clause: General Washington's Command Presence and Disinterestedness, Joseph Shaha
Student Research Papers

Letters of "His Excellency": Constructing Washington's Road to the Constitutional Convention, Geoffrey C. Dietrich
Student Research Papers

Benjamin Franklin's Compromise, Bradford Monson
Student Research Papers

Unity in the Wilderness: The Real Lesson of the Iroquois for a New Nation, Chase Manderino
Student Research Papers

Perspectives on the Origins of the Constitution, Roger Seth Higgs
Student Research Papers

The South African Civil Union Act 17 of 2006: A Good Example of the Dangers of Rushing the Legislative Process, Bradley S. Smith, J. A. Robinson
Brigham Young University Journal of Public Law

Steaming the Constitutional Convention From a State Patent System to a National Patent System, Robert Branham
Student Research Papers

The Brand X Constitution, Richard Murphy
BYU Law Review

Racial Adjudication, Andrew M. Carlon
BYU Law Review

Constrained by the Liberal Tradition: Why the Supreme Court Has Not Found Positive Rights in the American Constitution,
BYU Law Review

Classical Influences on the U.S. Constitution, Brigham Fugal
Student Research Papers

Finding Common Ground: The Ninth Amendment's Crucial Role in Creating an Acceptable Bill of Rights, Ashley Weed
Student Research Papers

Investigating "Commerce": A Consideration of Original Meaning, Kevin Worthy
Student Research Papers

Martha Washington, The Indispensable Woman to the Indispensable Man, Babata Sonnenberg
Student Research Papers

Benjamin Franklin: The Indispensable Founder, Terrell R. Lee
Student Research Papers

Burying Our Constitution in the Sand? Evaluating the Ostrich Response to the Use of International and Foreign Law in U.S. Constitutional Interpretation, Cindy G. Buys
Brigham Young University Journal of Public Law

Bormann Revisited: Using the Penn Central Test To Determine the Constitutionality of Right-To-Farm Statutes, Jeffiy R. Gittins
BYU Law Review

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

The Economic Origins of the Constitution: A Survey and Critique of Three Scholars, John J. Nielsen
Student Research Papers

Passion in the Origins of the Constitution: Enemy Yet Catalyst?, Lisa M. Sawyer
Student Research Papers

The Importance of the Habeas Corpus Clause to the Ratification of the 1787 Constitution, Danielle R. Dallas
Student Research Papers

A Godly or Godless Constitution, David A. Christenson
Student Research Papers

Thomas Jefferson's Other Uncertain Paternity: The Dubious Parentage of the American Patent System, Kerry W. Brown
Student Research Papers

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

Federal Constitutional Protection for Marriage: Why and How, Lynn D. Wardle
Brigham Young University Journal of Public Law

An Amendment to Protect Marriage: Bad in Theory, Likely Worse in Practice, Mark Strasser
Brigham Young University Journal of Public Law

Fear of an Article V Convention, Arthur H. Taylor
Brigham Young University Journal of Public Law

Constitutional Thematics and the Peculiar Federal Marriage Amendment, Scott Dodson
Brigham Young University Journal of Public Law

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

The Formal State Action Doctrine and Free Speech Analysis, John Fee
Faculty Scholarship

Interstate Commerce and Interstate Endangered Species: The Controversy and the Need for Compromise, Paul Ziel
Brigham Young University Journal of Public Law

That Land Is Your Land, This Land Is My Land … Until the Local Government Can Turn It for a Profit: A Critical Analysis of Kelo v. City of New London, Sonya D. Jones
Brigham Young University Journal of Public Law

The Ideal Senate: The Role of Ideas in the Second Branch, Steven A. Haskins
Student Research Papers

Elements of Federalism that influenced the Constitutional Convention to Reject Enumerating a Congressional Power to Establish a University, Betsy Fowler
Student Research Papers

Privateering and the Constitution, Todd M. Sparks
Student Research Papers

Jefferson and the Judiciary: A Whig Looks at Judicial Review, Brinton M. Wilkins
Student Research Papers

A Structural Rationale for the Bill of Attainder and Related Clauses, Daniel H. Walker
Student Research Papers

The "Wall of Separation Between Church and State" Constitutional Fact or Fiction?, Lorianne Updike
Student Research Papers

The Rule of Law and the Bill of Attainder Clause, Jacob Reynolds
Student Research Papers

Reconsidering the Constitutionality of Federal Sentencing Guidelines After Blakely: A Former Commissioner's Perspective, Michael Goldsmith
BYU Law Review

Religious Pluralism in Spain: Striking the Balance Between Religious Freedom and Constitutional Rights, Augustin Motilla
BYU Law Review

The Judicial Mandate as Understood by the Founders: A Study of the Debate on the Role and Power of the Courts to Review the Acts of Other Branches in the Constitutional Convention, Darren R. Watts
Student Research Papers

Biblical Roots of the Right Against Self-incrimination, Daniel Ure
Student Research Papers

The Executive Pardon Power, Lance Starr
Student Research Papers

Energy in the Executive: The Nature and Origins of "Executive Power", Justin W. Starr
Student Research Papers

Judicial Review - As the Framers intended, Todd K. Jenson
Student Research Papers

How Plutarch's Writings and Julius Caesar Assisted the Creation of a Balanced Government, Joseph (Joe) Pia
Student Research Papers

Shattered Aspiration: The Founders' Hope for Peaceful Emancipation, Brad Brotherson
Student Research Papers

Tipping the Balance in Favor of Justice: Due Process and the Thirteenth and Nineteenth Amendments in Child Removal from Battered Mothers, Shima Baradaran-Robison
BYU Law Review

Threats, Free Speech, and the Jurisprudence of the Federal Criminal Law, G. Robert Blakey, Brian J. Murray
BYU Law Review

The Founding Fathers and the Second Amendment, Darrin K. Johns
Student Research Papers

Soft But Not Silent: Free Black Influence on the Constitutional Context, Matthew Bullock
Student Research Papers

The Religion of "America's Philosopher", David Wardle
Student Research Papers

How Early American Relationships with the Indian Tribes Created a Stronger Federal Government, Joyce G. Smith
Student Research Papers

John Marshall, the Virginia Convention, and the Ratification of the Constitution, William Perkins
Student Research Papers

Balancing "Parents Are" and "Parents Do" in the Supreme Court's Constitutionalized Family Law: Some Implications for the ALI Proposals on De Facto Parenthood, David M. Wagner
BYU Law Review

What Constitutional Law Can Learn from the ALI Principles of Family Dissolution, David D. Meyer
BYU Law Review

The Icon and the Tracts: A Restrained Renaissance of Religious Liberty in Ukraine, John Moroz Smith
BYU Law Review

Islam in Russia Under the Federal Law on Freedom of Conscience and on Religious Associations: Official Tolerance in an Intolerant Society, R. Christopher Preston
BYU Law Review

Freedom of Religion in the Case Law of the Spanish Constitutional Court, Javier Martinez-Torron
BYU Law Review

Perspectives on Religious Freedom in Spain, Jose Antonio Souto Paz
BYU Law Review

Religious Freedom in Germany, Gerhard Robbers
BYU Law Review

Religious Freedom and Legislation in Post-Soviet Estonia, Ringo Ringvee
BYU Law Review

Religious Pluralism: Problems and Prospects, J. Gordon Melton
BYU Law Review

Religious Freedom, Separation of Powers, and the Reversal of Roles, Michael W. McConnell
BYU Law Review

Does the Human Right to Freedom of Conscience, Religion, and Belief Have Special Status?, David Little
BYU Law Review

An Attempt at Modernization: The New Bulgarian Legislation in the Field of Religious Freedom, Atanas Krussteff
BYU Law Review

Regulation of Religious Proselytism in the United States, Howard O. Hunter, Polly J. Price
BYU Law Review

Religious Freedom: Russian Constitutional Principles-Historical and Contemporary, Nikolas K. Gvosdev
BYU Law Review

Perspectives on Freedom of Conscience and Religion in the Jurisprudence of Constitutional Courts, Leszek Lech Garlicki
BYU Law Review

Freedom of or Freedom from Religion? An Overview of Issues Pertinent to the Constitutional Protection of Religious Rights and Freedom in "the New South Africa", Lourens du Plessis
BYU Law Review

The Religious Freedom and Legal Status of Churches, Religious Organizations, and New Religious Movements in the Slovak Republic, Martin Dojcar
BYU Law Review

Religious Liberty at Home and Abroad: Reflections on Protecting this Fundamental Freedom, Orrin G. Hatch
BYU Law Review

Contemporary View of the Original Constitution, Amber K. Spencer
Student Research Papers

Accommodation or Acculturation: Lack of Resistance to the Fugitive Slave Clause During the Formation of the Constitution of the United States of America, Eric Gentry
Student Research Papers

Little Jimmy's Tub: A Tale of the Bill of Rights and the Anti-Federalist "Whale", R. Eric Craig
Student Research Papers

There Shall Be No Kings Upon the Land Discussions of Monarchy During the Drafting and Ratification of the U.S. Constitution, Ronald Z. Ahrens
Student Research Papers

Hume's Silent Contribution to the Constitution Reexamining the Tenth Federalist & the Perfect Commonwealth, Drew Briney
Student Research Papers

Johnson v. Rodrigues (Ovozco): An Analysis of the Constitutionality of Utah's Adoption Statutes, Sarah K.L. Chow
BYU Law Review

A Constitutional Examination of the Federal Exemptions for Native American Religious Peyote Use, Christopher Parker
Brigham Young University Journal of Public Law

In re Impounded: When Will the Right Against Self-Incrimination Protect Witnesses from Foreign Prosecution?, R. Christopher Preston
BYU Law Review

Church and State in Western Europe and the United States: Principles and Perspectives, Sophie C. van Bijsterveld
BYU Law Review

"Original Intent of the Establishment Clause": Separation not Secularism, Sarah Hatch
Student Research Papers

Participating in the Process: A Key to Understanding Peculiar Behavior Surrounding the Signing and Ratifying of the United States Constitution, Michelle R. Mitchell
Student Research Papers

Princeton, Virtue, and Madison's Republic, Rebekah Griffin
Student Research Papers

The History and Literal Meaning of the Right to Bear Arms, David Meibos
Student Research Papers

The Origins of American Patent Law Article I, Section 8, Clause 8, Tina M. Chappell
Student Research Papers

The Free Exercise Clause and Original Intent: A View Toward Exemptions, Dawn H. Steadman
Student Research Papers

More by Example than by Form: The Iroquois Confederation's Influence on the United States Constitution, Jose Silva
Student Research Papers

The New Diogenes The Quest for Lasting Virtue in Colonial America, Benjamin Broderick
Student Research Papers

The Role of "De Minimis" Injury in the Excessive Force Determination: Taylor v. McDuffie and the Fourth Circuit Stand Alone, Troy J. Aramburu
Brigham Young University Journal of Public Law

The Clinton Impeachment and the Constitution: Introduction to the Federalist Society Panel, Thomas R. Lee
BYU Law Review

Clark Memorandum: Fall 1999, J. Reuben Clark Law Society, J. Reuben Clark Law School
The Clark Memorandum

A Failed Coup on the Judicial Monarchy (Review of God and Man in the Law, by Robert Lowry Clinton), David D. Garner
BYU Law Review

The Tension Between a Godless Constitution and a Culture of Belief in an Age of Reason (Review of The Godless Constitution, by Isaac Kramnick & R. Laurence Moore), Melissa A. Dalziel
BYU Law Review

Humenansky v. Regents of the University of Minnesota: Questioning Congressional Intent and Authority to Abrogate Eleventh Amendment Immunity with the ADEA, Eric Hunter
BYU Law Review

Katzenbach v. McClung: The Abandonment of Federalism in the Name of Rational Basis, James M. McGoldrick
Brigham Young University Journal of Public Law

Political Minorities and the Right to Tolerance: The Development of a Right to Conscientious Objection in Constitutional Law, Jose de Sousa e Brito
BYU Law Review

Religious Liberty and Cultural and Ethnic Pluralism in the Colombian Constitution of 1991, Viviane A. Morales Hoyos
BYU Law Review

Antecedents, Perspectives, and Projections of a Legal Project About Religious Liberty in Peru, Guillermo Garcta-Montufar, Elvira Martinez Coco
BYU Law Review

Protecting the Weak: Religious Liberty in the Twenty-First Century, Gordon Smith
BYU Law Review

Constitutional Perspective of Church-State Relations in South Africa, Johan D. van der Vyver
BYU Law Review

Clark Memorandum: Spring 1999, J. Reuben Clark Law Society, J. Reuben Clark Law School
The Clark Memorandum

Making Sovereignty Meaningful: States, Nations, and the People of the United States, Marcus R. Mumford
Student Research Papers

John Milton and the Ideas that Helped to Shape American Revolutionary Thought, Robert Trombly
Student Research Papers

Cowardly Capitulation or Necessary Compromise? Slavery at the Constitutional Convention, Mark Durrant
Student Research Papers

Third-Party Consent Under the United States and Utah Constitutions: Should Utah Adopt the Federal Standard?, S. Matthew Cook
BYU Law Review

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

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

Losing My Religion: Austria's New Religion Law in Light of International and European Standards of Religious Freedom, Christopher J. Miner
BYU Law Review

The Evolution of Religious Beliefs in a Constitutional Text, Alfredo Quispe Correa
BYU Law Review

Freedom of Conscience in Early Virginia: A Precursor to the Religion Clause of the First Amendment, Joseph L. Hassan
Student Research Papers

Historical Antecedents to the Adoption of the Fourth Amendment, Curtis Rice
Student Research Papers

The Indian Commerce Clause: What Did the Framers Intend?, Troy D. Smith
Student Research Papers

"Constitution Charlie": Charles Pinckney and His Influence on the Constitutional Convention, William Duncan
Student Research Papers

Public School Dress Codes: The Constitutional Debate, Amy Mitchell Wilson
Brigham Young University Education and Law Journal

Congressional Power Over Federal Court Jurisdiction: A Defense of the Neo-Federalist Interpretation of Article IIl, Robert J. Pushaw Jr.
BYU Law Review

Reflections on Constitutional Interpretation, Raoul Berger
BYU Law Review

McKnight v. Rees: Delineating the Qualified Immunity "Haves" and "Have-nots" Among Private Parties, James L. Ahlstrom
BYU Law Review

Protecting Both Ethnic Minorities and the Equal Protection Clause: The Dilemma of Language-Based Peremptory Challenges, Justin B. Denton
BYU Law Review

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

Advancing Education Through Education Clauses of State Constitutions, Robert M. Jensen false
Brigham Young University Education and Law Journal

Conservatives, Liberals, Romantics: The Persistent Quest for Certainty in Constitutional Interpretation, Frederick Mark Gedicks
Faculty Scholarship

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

Religious Liberties and Religious Tolerance: An Agenda for the Future, Michael K. Young
BYU Law Review

Church-State Relations in the Russian Federation, Andrei Osharouich Protopopov
BYU Law Review

The Hellenic Republic and the Prevailing Religion, Charalambos K. Papastathis
BYU Law Review

The First Five-Year Span (1989-1994): Law and Religion in Post-Communist Hungary, Helen E. Hartnell
BYU Law Review

Religious Freedom and Doctrines of Reluctance in Post-Charter Canada, David H. Moore
BYU Law Review

Church-State Relations in the Czech Republic: Past Turmoil and Present Transformation, Elizabeth A. Clark
BYU Law Review

Church and State in France, Belgium, and the Netherlands: Unexpected Similarities and Hidden Differences, Rik Torfs
BYU Law Review

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

Introduction: An Ambivalent View of the Religious Equality Amendment, Frederick Mark Gedicks
BYU Law Review

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

Federalism and the Protection of Rights: The Modern Ninth Amendment's Spreading Confusion, Thomas B. McAffee
BYU Law Review

Federalism, Separation of Powers, and the Legacy of Garcia, Rex E. Lee
BYU Law Review

Five Supreme Court Constitutions: Race-Based Scrutiny Past, Present, and Future, David Zimmerman
Brigham Young University Journal of Public Law

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

People v. Bennett: Analytic Approaches to Recognizing a Fundamental Parental Right Under the Ninth Amendment, Daniel E. Witte
BYU Law Review

A Critical Analysis of Constitutional Claims for Same-Sex Marriage, Lynn D. Wardle
BYU Law Review

The Meaning of the "Unnecessary Rigor" Provision in the Utah Constitution, James G. McLaren
Brigham Young University Journal of Public Law

The ALI, Supplemental Jurisdiction, and the Federal Constitutional Case, C. Douglas Floyd
BYU Law Review

A Widow's Might: Nakaya v. Japan and Japan's Current State of Religious Freedom, Eric N. Weeks
BYU Law Review

Zaire: The Positive Role of Religion in Nation Building, James N. MacKinlay
BYU Law Review

Kenya: The Struggle to Create a Democracy, Lindsey Gustafson
BYU Law Review

The Future of Religious Liberty in Argentina: Will a New Constitutional Mandate and Would Newly Proposed Laws Enhance Religious Liberty?, David E. Doxey, Scott S. Thomas
BYU Law Review

Is the Lutheran Church Still the State Church? An Analysis of Church-State Relations in Finland, Elizabeth Christensen
BYU Law Review

The Spanish System of Church and State, Gloria M. Moran
BYU Law Review

The Emerging Pattern of Church and State in Western Europe: The Italian Model, Silvio Ferrari
BYU Law Review

The Current Legal Status of Christianity in China, R. Lanier Britsch
BYU Law Review

Religious Liberty and the Ukrainian State: Nationalism Versus Equal Protection, Howard L. Biddulph
BYU Law Review

Freedom of Religion in the Netherlands, Sophie C. van Bijsterveld
BYU Law Review

The Constitution and Sikhs in Britain, Satvinder S. Juss
BYU Law Review

The Church-State Situation in Poland After the Collapse of Communism, Krystyna Daniel
BYU Law Review

The Progeny of Lee v. Weisman: Can Student-Invited Prayer at Public School Graduations Still be Constitutional?, Thomas A. Schweitzer
Brigham Young University Journal of Public Law

Search and Seizure and the Utah Constitution: The Irrelevance of the Antipolygamy Raids, Paul G. Cassell
BYU Law Review

Is Home Schooling Constitutional?, Wendy Wheeler
Brigham Young University Education and Law Journal

Taking a Look at the Modem Takings Clause Jurisprudence: Finding Private Property Protection Under the Federal and Utah Constitutions, David W. Tufts
BYU Law Review

Visions of Habeas, David McCord
BYU Law Review

An Anatomy of False Analysis: Original Intent, Raoul Berger
BYU Law Review

Clark Memorandum: Spring 1994, J. Reuben Clark Law Society, J. Reuben Clark Law School
The Clark Memorandum

The Constitutionality of High School Graduation Prayers Under Harris v. School District No. 241, Robert Phillips
Brigham Young University Journal of Public Law

Abortion Rights in America, Joan R. Bullock
BYU Law Review

Suzanna and -the Ninth Amendment, Raoul Berger
BYU Law Review

Recognizing Constitutional Freedoms in the Public Schools: Reasserting State and Local Educational Policy and Practive through Non-Judicial Law, Matthew Hilton
Brigham Young University Education and Law Journal

The Role of Public Opinion in Constitutional Interpretation, James G. Wilson
BYU Law Review

Where to Pray? A Survey Regarding Prayer Rooms in AB.A Accredited, Religiously Affiliated Law Schools, David L. Gregory
BYU Law Review

Predatory Governmental Zoning Practices and the Supreme Court's New Takings Clause Formulation: Timing, Value, and R.LB.E., William C. Leigh, Bruce W. Burton
BYU Law Review

Planned Parenthood v. Clark County School District: "Having Your Cake and Eating It Too" in Public School Free Speech Cases, Curtis Anderson
BYU Law Review

Taxation, Equal Protection, and Inquiry into the Purpose of a Law: Nordlinger v. Hahn and Allegheny Pittsburgh Coal Co. v. County Commission, Michael D. Rawlins
BYU Law Review

Why the Taint to Religion?: The Interplay of Chance and Reason, Richard Stith
BYU Law Review

Schools as Intellectual and Moral Associations, Bruce C. Hafen
BYU Law Review