The Original “Market” Understanding of the Commerce Clause: Insights from Early Federal Government Practice and Precedent, Robert J. Pushaw Jr.
BYU Law Review

Public Lands in Public Hands: Analysis of the Underpinnings of Utah’s Public Trust Doctrine, Brittany Bunker Thorley
BYU Law Review

Public Trauma: Why Utah Should Waive Immunity for Mental Anguish Injuries, Adam Reed Moore
BYU Law Review

Addressing the Next State Fiscal Crisis: Toward an Ex Ante Scheme of Federal Assistance to States in Fiscal Distress, Omer Kimhi
BYU Law Review

The Prudential Standing Quandary When Discriminatory, Facially Neutral Laws Allegedly Cause Collateral Damage, Richard Luedeman
Brigham Young University Journal of Public Law

COVID’s Counterpunch: State Legislative Assaults on PublicHealth Emergency Powers, James G. Hodge Jr., Jennifer L. Piatt
Brigham Young University Journal of Public Law

Creating Oases Throughout America’s Food Deserts, Hannah M. Dahle
BYU Law Review

Courts Beyond Judging, Michael C. Pollack
BYU Law Review

Utah, ODR, and the New “Millennial”um, Devin Cooper
Brigham Young University Journal of Public Law

Netflix and (Tax) Bill: Retail Sales Taxation of Services, Grace Stephenson Nielsen
BYU Law Review

The (Surprisingly) Prevalent Role of States in an Era of Federalized Class Actions, Linda S. Mullenix
BYU Law Review

A State Is a “They,” Not an “It”: Intrastate Conflicts in Multistate Challenges to the Affordable Care Act, Anthony Johnstone
BYU Law Review

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

Forward: State Enforcement in an Interstate World, Margaret H. Lemos
BYU Law Review

The California Coastal Commission’s Efforts to Provide Affordable Overnight Accommodations by Preempting Cities’ Constitutional Police Power, Taylor Smith
BYU Law Review

Faithfully Enforcing the Religious Liberty Guarantees of the Northwest Territory States, Allan W. Vestal
Brigham Young University Journal of Public Law

Enforcement Piggybacking and Multistate Actions, Elysa M. Dishman
BYU Law Review

Changing the Narrative: sex trafficking and its victims, Danica Baird
Brigham Young University Journal of Public Law

Preventing Preemption: Finding Space for States to Regulate Consumers’ Credit Reports, Elizabeth D. De Armond
BYU Law Review

Local Home Rule in the Time of Globalization, Kenneth A. Stahl
BYU Law Review

The State of the States: The Continuing Struggle to Criminalize Revenge Porn, Justin Pitcher
BYU Law Review

Local Governments and Global Commons, Jonathan Rosenbloom
BYU Law Review

Symbolic Politics for Disempowered Communities: State environmental justice policies, Tonya Lewis, Jessica Owley
Brigham Young University Journal of Public Law

Municipal Manifest Destiny: Constitutionality of Unilateral Municipal Annexations, Dustin Cammack
BYU Law Review

Reconstituting Land-Use Federalism to Address Transitory and Perpetual Disasters: The Bimodal Federalism Framework, Blake Hudson
BYU Law Review

Preserving Access to Tattoos: First Amendment Trumps Municipal Ban in Anderson v. City of Hermosa Beach, Richard Hyde
BYU Law Review

Can States "Just Say No" to Federal Health Care Reform? The Constitutional and Political Implications of State Attempts to Nullify Federal Law, Ryan Card
BYU Law Review

Managing Agricultural Water Use During Drought: An Analysis of Contemporary Policies Governing Georgia's Flint River Basin, Mark Masters, Ronald Cummings, Brigham Daniels, Kristen Rowles, Douglas Wilson
Faculty Scholarship

An Evaluation of Utah’s Greenhouse Gas Reduction Options: An Analysis Performed by the Nicholas Institute for Environmenal Policy Solutions for the State of Utah, Brigham Daniels, Etan Gumerman
Faculty Scholarship

Abortion Across State Lines, Joseph W. Dellapenna
BYU Law Review

Interstate Recognition of Adoptions: On Jurisdiction, Full Faith and Credit, and the Kinds of Challenges the Future May Bring, Mark Strasser
BYU Law Review

Interstate Pluralism: The Role of Federalism in the Same-Sex Marriage Debate, Jeffrey L. Rensberger
BYU Law Review

California, Climate Change, and the Constitution, Erwin Chemerinsky, Brigham Daniels, Brettny Hardy, Tim Profeta, Christopher H. Schroeder, Neil S. Siegal
Faculty Scholarship

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

"Manifest" Destiny?: How Some Courts Have Fallaciously Come To Require a Greater Showing of Congressional Intent for Jurisdictional Exhaustion Than They Require for Preemption, Colin Miller
BYU Law Review

Are State Marriage Amendments Bills of Attainder?: A Case Study of Utah's Amendment Three, Daniel H. Walker
BYU Law Review

Salvaging States' Rights To Protect Children from Internet Predation: State Power To Regulate Internet Activity Under the Dormant Commerce Clause, Julie Sorenson Stanger
BYU Law Review

Battle over Control of Low-Level Radioactive Waste: Some States Are Overstepping Their Bounds, Melissa Beutler Orien
BYU Law Review

So You've Been Preempted-What Are You Going to Do Now?: Solutions for States Following Federal Preemption of State Predatory Lending Statutes, Christopher R. Childs
BYU Law Review

May Congress Grant the States the Power to Violate the Equal Protection Clause? Aliessa v. Novello and Title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Karin H. Berg
Brigham Young University Journal of Public Law

Arising Under Jurisdiction in the Federalism Renaissance: Verizon Maryland Inc. v. Public Service Commission of Maryland,
BYU Law Review

The Sixth Circuit Dropped the Ball: An Analysis of Brentwood Academy v. Tennessee Secondary School Athletic Ass'n in Light of the Supreme Court's Recent Trends in State Action Jurisprudence, Josiah N. Drew
BYU Law Review

Exporting and Importing Domestic Partnerships: Some Conflict-of-Laws Questions and Concerns, Ralph U. Whitten
BYU Law Review

Katie John v. United States: Balancing Alaskan State Sovereignty With a Native Grandmother's Right to Fish, Ryan T. Peel
Brigham Young University Journal of Public Law

The Practical Power of State and Local Governments to Enforce Federal Immigration Laws, Jay T. Jorgensen
BYU Law Review

A Contract-Enhancing Norm Limiting Federal Preemption of Presumptively State Domains, Nim Razook
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

The History of Suffrage and Equal Rights Provisions in State Constitutions, Carrie Hillyard
Brigham Young University Journal of Public Law

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

Public School Financing in the United States: More on the Dark Side of Intermediate Structures, John C. Reitz
BYU Law Review

Individualism and Communitarianism in a Contemporary Polish Legal System: Tensions and Accommodations, Miroslaw Wyrzykowski
BYU Law Review

The Role of Local Governments in Striking the Proper Balance Between Individualism and Communitarianism: Lessons for and from Americans, Kevin J. Worthen
BYU Law Review

Two Sides of the Same Coin: The Potential Normative Power of American Cities and Indian Tribes, Kevin J. Worthen
Faculty Scholarship

Utah Government Immunity Act and Government Hospitals: Condemarin v. University Hospital, Michael A. Royal
Brigham Young University Journal of Public Law

The State Constitutional Right To Privacy Conflicts with Tax Reporting Requiremnets: The Florida Model, Daniel R. Gorgon
Brigham Young University Journal of Public Law

Foreign Direct Investment in the United States: The Differing Perspectives of Washington, D;·C. and the State Capitals, Earl H. Fry
BYU Law Review

Standing and Liability of State and Local Government Under the Civil Rico Statute, Paul A. Hoffman
BYU Law Review

National Trends in Court Review of Agency Action: Some Reflections on the Model State Administrative Procedure Act and New Utah Administrative Procedure Act, Dave Frohnmayer
Brigham Young University Journal of Public Law

Mandating State Agency Lawmaking by Rule, Arthur Earl Bonfield
Brigham Young University Journal of Public Law

Regulatory Explosion: Observations on Understanding Utah Administrative Rules, William S. Callaghan
Brigham Young University Journal of Public Law

Interstate Federalism, Lea Brilmayer
BYU Law Review

Utah Allows Contribution Against Cotortfeasor Despite Immunity from Direct Suit: Bishop v. Nielsen, David H. Little
BYU Law Review

Traffic Noise Regulation: A Comparative Study, Stephen G. Wood
BYU Law Review

Separation of Powers in Municipal Government: Division of Executive and Legislative Authority,
BYU Law Review

The Corporate Principal Place of Business: A Resolution and Revision, J. Clifton Fleming Jr.
Faculty Scholarship