Brigham Young University Law Review

Brigham Young University Law Review is a magazine focusing on Law

Articles from Vol. 2012, No. 5, 2012

Morse V. Frederick: Tinkering with School Speech: Can Five Years of Inconsistent Interpretation Yield a Hybrid Content-Effects-Based Approach to School Speech as a Tool for the Prevention of School Violence?
I. IntroductionEver since free public education became a core part of the American childhood experience, courts have been faced with the reality that educating children involves so much more than matters of curriculum. Because a large portion of a child's...
Originalism and Loving V. Virginia
TABLE OF CONTENTSI. INTRODUCTION ...................................... 1394II. THE MISTAKEN RELIANCE ON EVIDENCE OF ORIGINAL INTENT ...................................... 1399III. THE ORIGINAL MEANING OF THE RECONSTRUCTION TEXTS .........................................
Repudiating the Narrowing Rule in Capital Sentencing
This Article proposes a modest reform of Eighth Amendment law governing capital sentencing to spur major reform in the understanding of the function of the doctrine. The Article urges the Supreme Court to renounce a largely empty mandate known as the...
Taxing and Tuition: A Legislative Solution to Growing Endowments and the Rising Costs of a College Degree
I. INTRODUCTIONColleges and universities in the United States have enjoyed ballooning endowment growth in recent years, leading to colossal reserves of wealth at the most elite institutions. In September 2011, for example, Harvard University announced...
The Dual-Faceted Federalism Framework and the Derivative Constitutional Status of Local Governments
I. IntroductionWhat is the federal constitutional status of local governments? This question, though capable of succinct and simple articulation, is one that seemingly lacks a similarly short or simple answer. In fact, the question is one that has bedeviled...
Why the National Popular Vote Compact Is Unconstitutional
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...