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Articles 1 - 30 of 181
Full-Text Articles in Entire DC Network
Clark Memorandum: Fall 2023, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society
Clark Memorandum: Fall 2023, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society
The Clark Memorandum
- Five Ways Law School Contributes to Life’s True Purpose
- Faith in Law: A Q&A with President Dallin H. Oaks
- Personal Religious Conviction and the Practice of Law
When “Close Enough” Is Not Enough: Accommodating The Religiously Devout, Dallan F. Flake
When “Close Enough” Is Not Enough: Accommodating The Religiously Devout, Dallan F. Flake
BYU Law Review
Title VII of the Civil Rights Act of 1964 requires employers to “reasonably accommodate” employees’ religious practices that conflict with work requirements unless doing so would cause undue hardship to their business operations. Can an accommodation be reasonable if it only partially removes the conflict between an employee’s job and their religious beliefs? For instance, if a Christian employee requests Sundays off because he believes working on his Sabbath is a sin, and his employer responds by giving him Sunday mornings off to attend church services but requires him to work in the afternoon, has the employer provided a reasonable …
Dignity, Deference, And Discrimination: An Analysis Of Religious Freedom In America’S Prisons, Elyse Slabaugh
Dignity, Deference, And Discrimination: An Analysis Of Religious Freedom In America’S Prisons, Elyse Slabaugh
BYU Law Review
The free exercise of religion often presents a complex reality in prison. Over the years, the standard of scrutiny for free exercise claims has not only been easily alterable but also unclear and inconsistent in its application. Recent legislation, such as RLUIPA and RFRA, has significantly improved the state of religious freedom in prisons. However, two U.S. Supreme Court decisions on RLUIPA—Cutter v. Wilkinson and Holt v. Hobbs—have led to some confusion among lower courts regarding the level of deference that should be afforded to prison officials. Although Holt demonstrated a hard look approach to strict scrutiny, it did nothing …
Don’T Say Gay Or God: How Federal Law Threatens Student Religious Rights And Fails To Protect Lgbtq Students, Stephen Mcloughlin
Don’T Say Gay Or God: How Federal Law Threatens Student Religious Rights And Fails To Protect Lgbtq Students, Stephen Mcloughlin
BYU Law Review
Federal law requires schools to protect students from discrimination based on their sexual orientation and gender identity. This protection is based on the principle that students must be free to explore their self-identity within the school environment as part of their intellectual development. Thus, schools must eliminate speech that threatens LGBTQ students based on their gender identity or sexual orientation. However, schools must also protect free speech and religious rights. Indeed, the expression of religious beliefs is also crucial to intellectual growth. Thus, schools must develop student speech policies that protect LGBTQ students from harmful speech while protecting controversial religious …
The Trouble With Time Served, Kimberly Kessler Ferzan
The Trouble With Time Served, Kimberly Kessler Ferzan
BYU Law Review
Every jurisdiction in the United States gives criminal defendants "credit" against their sentence for the time they spend detained pretrial. In a world of mass incarceration and overcriminalization that disproportionately impacts people of color, this practice appears to be a welcome mechanism for mercy and justice. In fact, how ever, crediting detainees for time served is perverse. It harms the innocent. A defendant who is found not guilty, or whose case is dismissed, gets nothing. Crediting time served also allows the state to avoid internalizing the full costs of pretrial detention, thereby making overinclusive detention standards less expensive. Finally, crediting …
Discrimination Because Of Sex[Ual Orientation And Gender Identity]: The Necessity Of The Equality Act In The Wake Of Bostock V. Clayton County, Rachel Eric Johnson
Discrimination Because Of Sex[Ual Orientation And Gender Identity]: The Necessity Of The Equality Act In The Wake Of Bostock V. Clayton County, Rachel Eric Johnson
BYU Law Review
No abstract provided.
The Prudential Standing Quandary When Discriminatory, Facially Neutral Laws Allegedly Cause Collateral Damage, Richard Luedeman
The Prudential Standing Quandary When Discriminatory, Facially Neutral Laws Allegedly Cause Collateral Damage, Richard Luedeman
Brigham Young University Journal of Public Law
No abstract provided.
Admitting A Wrong: Apology For The Historical Injustice Of The Dred Scott Case, Laura Kyte
Admitting A Wrong: Apology For The Historical Injustice Of The Dred Scott Case, Laura Kyte
BYU Law Review
No abstract provided.
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
For various reasons, speakers often communicate indirectly, hiding their words’ true meaning beneath an apparent surface meaning. For example, a woman trying to brush off her co-worker’s date invitation might respond, “I have to prepare for a presentation tomorrow.” While the words’ surface meaning doesn’t relate to the date invitation, the hearer usually understands the underlying message—that is to say, the words’ function differs from their form. However, because the law’s language ideology requires directness and surface-level meaning, lay-speaking interrogation subjects often have difficulty effectively invoking their Miranda rights. Because the legal system’s search for determinacy often results in reliance …
Clark Memorandum: Spring 2021, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society
Clark Memorandum: Spring 2021, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society
The Clark Memorandum
- Rooting Out Racism
- How Do We Practice Our Religion While We Practice?
- Hope in Hardship
- The Unity Paradox
Read on Issuu
Country Club Sports: The Disparate Impact Of Athlete Admissions At Elite Universities, William B. Morrison
Country Club Sports: The Disparate Impact Of Athlete Admissions At Elite Universities, William B. Morrison
BYU Law Review
While conservative advocacy groups criticize affirmative action as anti-meritocratic, many universities give similar admissions preferences based on ostensibly race-neutral characteristics that highly correlate with wealth and whiteness. Using data made public through the recent legal challenge to Harvard’s affirmative action policies, statisticians have shown that the greatest boost to an applicant’s admission chances at elite universities is not minority status or high test scores, but rather appearing on a coach’s list of potential recruits. At Harvard, where 70% of athletes are white, these athletic recruitment lists are often for “country club sports” that require expensive tutoring and are rarely played …
Disparate Impact Claims And Punitive Damages: Justified Abrogation Of State Sovereign Immunity, Brad Stewart
Disparate Impact Claims And Punitive Damages: Justified Abrogation Of State Sovereign Immunity, Brad Stewart
BYU Law Review
No abstract provided.
Fha Sexual Harassment Claims: Title Vii Applications And Departures Through Caselaw And Hud’S 2016 Rule, Brittany Urness
Fha Sexual Harassment Claims: Title Vii Applications And Departures Through Caselaw And Hud’S 2016 Rule, Brittany Urness
Brigham Young University Journal of Public Law
No abstract provided.
In Defense Of Immutability, Nicholas Serafin
In Defense Of Immutability, Nicholas Serafin
BYU Law Review
Over the last forty years, the concept of immutability has been central to Equal Protection doctrine. According to current doctrine, a trait is immutable if it is beyond the power of an individual to change or if it is fundamental to personal identity. A trait that meets either of these criteria receives heightened legal protection under constitutional antidiscrimination law. Yet most legal scholars who have addressed the topic have called for the abandonment of the immutability criterion on the grounds that the immutability criterion is conceptually confused, morally indefensible, and bound to stigmatize subordinate groups.
A rejection of the immutability …
Anti-Gay Discrimination,“Conscience Exemptions,” And The Racism Analogy: A Reply To Professor Koppelman, Shannon Gilreath
Anti-Gay Discrimination,“Conscience Exemptions,” And The Racism Analogy: A Reply To Professor Koppelman, Shannon Gilreath
BYU Law Review
No abstract provided.
In The Court Of Koppelman: Motion For Reconsideration, James M. Oleske Jr.
In The Court Of Koppelman: Motion For Reconsideration, James M. Oleske Jr.
BYU Law Review
No abstract provided.
Gay Rights, Religious Liberty, And The Misleading Racism Analogy, Andrew Koppelman
Gay Rights, Religious Liberty, And The Misleading Racism Analogy, Andrew Koppelman
BYU Law Review
No abstract provided.
Caught By The Cat’S Paw, Sandra F. Sperino
Caught By The Cat’S Paw, Sandra F. Sperino
BYU Law Review
Federal employment discrimination law is enamored with court-created doctrines with catchy names. A fairly recent addition to the canon is the concept of the “cat’s paw,” formally recognized by the U.S. Supreme Court in Staub v. Proctor Hospital. With its name … drawn from a fable, the concept of cat’s paw has taken ground quickly, discussed in hundreds of cases.
The Supreme Court recognized the cat’s paw theory in a case where a hospital fired a worker. The person who made the ultimate decision did not have impermissible bias. However, her decision was influenced by information from two supervisors who …
Big Agriculture And Harm To Minority Communities: How Administrative Civil Rights Complaints Are The Solution, Morgan Drake
Big Agriculture And Harm To Minority Communities: How Administrative Civil Rights Complaints Are The Solution, Morgan Drake
BYU Law Review
No abstract provided.
Out In Public: Legal And Policy Benefits Of Open, Cooperative K-12 Transgender Policy Development, Erin Cranor
Out In Public: Legal And Policy Benefits Of Open, Cooperative K-12 Transgender Policy Development, Erin Cranor
Brigham Young University Education and Law Journal
No abstract provided.
Separating The Wheat From The Tares: The Supreme Court's Premature Strict Scrutiny Of Race-Based Remedial Measures In Public Education, Hayden Smith
Brigham Young University Education and Law Journal
No abstract provided.
Bias, Employment Discrimination, And Black Women's Hair: Another Way Forward, Crystal Powell
Bias, Employment Discrimination, And Black Women's Hair: Another Way Forward, Crystal Powell
BYU Law Review
No abstract provided.
Minority Entrepreneurs And Fast Failure, Jesse P. Houchens
Minority Entrepreneurs And Fast Failure, Jesse P. Houchens
Brigham Young University Journal of Public Law
Minority businesses now make up more than a quarter of all U.S. businesses; yet, due to discriminatory lending practices, cultural aversions to debt, and limited access to capital, these businesses continue to have higher failure rates. At the same time, m inority entrepreneurs are more likely to rely on informal lending and less likely to turn to bankruptcy for relief of debt. Doing so slows down failure for minority entrepreneurs — contra Silicon Valley’s new mantra, “fail fast” — and diminishes the minority entrepreneur’s ability to efficiently reallocate resources towards more productive ventures. In this essay, I distinguish the minority …
Minority Entrepreneurs And Fast Failure, John Taylor Jensen
Minority Entrepreneurs And Fast Failure, John Taylor Jensen
Brigham Young University Journal of Public Law
Minority businesses now make up more than a quarter of all U.S. businesses; yet, due to discriminatory lending practices, cultural aversions to debt, and limited access to capital, these businesses continue to have higher failure rates. At the same time, m inority entrepreneurs are more likely to rely on informal lending and less likely to turn to bankruptcy for relief of debt. Doing so slows down failure for minority entrepreneurs — contra Silicon Valley’s new mantra, “fail fast” — and diminishes the minority entrepreneur’s ability to efficiently reallocate resources towards more productive ventures. In this essay, I distinguish the minority …
Thinking Outside Of The Race Boxes: A Two-Pronged Approach To Further Diversity And Decrease Bias, Samia E. Mccall
Thinking Outside Of The Race Boxes: A Two-Pronged Approach To Further Diversity And Decrease Bias, Samia E. Mccall
Brigham Young University Education and Law Journal
No abstract provided.
A Growing Consensus: State Sponsorship Of Confederate Symbols Is An Injury-In-Fact As A Result Of Dylann Roof’S Killing Blacks In Church At A Bible Study, L. Darnell Weeden
A Growing Consensus: State Sponsorship Of Confederate Symbols Is An Injury-In-Fact As A Result Of Dylann Roof’S Killing Blacks In Church At A Bible Study, L. Darnell Weeden
Brigham Young University Journal of Public Law
No abstract provided.
Avoiding Deliberation: Why The "Safe Space" Campus Cannot Comport With Deliberative Democracy, Nicholas A. Schroeder
Avoiding Deliberation: Why The "Safe Space" Campus Cannot Comport With Deliberative Democracy, Nicholas A. Schroeder
Brigham Young University Education and Law Journal
No abstract provided.
Beacon Or Bludgeon? Use Of Regulatory Guidance By The Office For Civil Rights, Stephen S. Worthington
Beacon Or Bludgeon? Use Of Regulatory Guidance By The Office For Civil Rights, Stephen S. Worthington
Brigham Young University Education and Law Journal
No abstract provided.
No Good Deed Goes Unpunished: The Lack Of Protection For Volunteers Under Federal Anti-Discrimination Statutes, Lawrence D. Rosenthal
No Good Deed Goes Unpunished: The Lack Of Protection For Volunteers Under Federal Anti-Discrimination Statutes, Lawrence D. Rosenthal
BYU Law Review
No abstract provided.
Legal Storytelling: The Murder Of Voter Id, Tracy Mccants Lewis
Legal Storytelling: The Murder Of Voter Id, Tracy Mccants Lewis
Brigham Young University Journal of Public Law
No abstract provided.