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Civil Rights and Discrimination

Brigham Young University Journal of Public Law

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Full-Text Articles in Law

The Prudential Standing Quandary When Discriminatory, Facially Neutral Laws Allegedly Cause Collateral Damage, Richard Luedeman Mar 2022

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.


Fha Sexual Harassment Claims: Title Vii Applications And Departures Through Caselaw And Hud’S 2016 Rule, Brittany Urness Nov 2020

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.


Minority Entrepreneurs And Fast Failure, Jesse P. Houchens Sep 2018

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 Sep 2018

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 …


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 Nov 2017

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.


Legal Storytelling: The Murder Of Voter Id, Tracy Mccants Lewis Dec 2015

Legal Storytelling: The Murder Of Voter Id, Tracy Mccants Lewis

Brigham Young University Journal of Public Law

No abstract provided.


Let Me Count The Ways: The Unconstitutionality Of Same-Sex-Marriage Bans, Mark Strasser Mar 2013

Let Me Count The Ways: The Unconstitutionality Of Same-Sex-Marriage Bans, Mark Strasser

Brigham Young University Journal of Public Law

No abstract provided.


“The Pursuit Of Happiness” Comes Home To Roost? Same-Sex Union, The Summum Bonum, And Equality, Patrick Mckinley Brennan Mar 2013

“The Pursuit Of Happiness” Comes Home To Roost? Same-Sex Union, The Summum Bonum, And Equality, Patrick Mckinley Brennan

Brigham Young University Journal of Public Law

No abstract provided.


The Meaning And Good Of Equality: Toward Enhanced Constitutional Principles, Scott Fitzgibbon Mar 2013

The Meaning And Good Of Equality: Toward Enhanced Constitutional Principles, Scott Fitzgibbon

Brigham Young University Journal of Public Law

No abstract provided.


Echoes From The Past: What We Can Learn About Unity, Belonging And Respecting Differences From The Flag Salute Cases, Brett G. Scharffs Jan 2011

Echoes From The Past: What We Can Learn About Unity, Belonging And Respecting Differences From The Flag Salute Cases, Brett G. Scharffs

Brigham Young University Journal of Public Law

No abstract provided.


Safford Unified School District #1 V. Redding: Why Qualified Immunity Is A Poor Fit In Fourth Amendment School Search Cases, Eric W. Clarke Mar 2010

Safford Unified School District #1 V. Redding: Why Qualified Immunity Is A Poor Fit In Fourth Amendment School Search Cases, Eric W. Clarke

Brigham Young University Journal of Public Law

No abstract provided.


Death By A Thousand Cuts Or Hard Bargaining?: How The Court's Indecision In Wilkie V. Robbins Improperly Eviscerates The Bivens Action, Natalie Banta May 2008

Death By A Thousand Cuts Or Hard Bargaining?: How The Court's Indecision In Wilkie V. Robbins Improperly Eviscerates The Bivens Action, Natalie Banta

Brigham Young University Journal of Public Law

No abstract provided.


Burlington Northern & Santa Fe Railway Co. V. White: Retaliation Clarified, Heidi Chewning May 2007

Burlington Northern & Santa Fe Railway Co. V. White: Retaliation Clarified, Heidi Chewning

Brigham Young University Journal of Public Law

No abstract provided.


A Preference For Equality: Seeking The Benefits Of Diversity Outside The Educational Context, David A. Harvey Mar 2007

A Preference For Equality: Seeking The Benefits Of Diversity Outside The Educational Context, David A. Harvey

Brigham Young University Journal of Public Law

No abstract provided.


Women, Equality, And The Federal Marriage Amendment, Comille S. Williams Mar 2006

Women, Equality, And The Federal Marriage Amendment, Comille S. Williams

Brigham Young University Journal of Public Law

No abstract provided.


Did The Sky Really Fall? Ten Years After California's Proposition 209 , Eryn Hadley May 2005

Did The Sky Really Fall? Ten Years After California's Proposition 209 , Eryn Hadley

Brigham Young University Journal of Public Law

No abstract provided.


A Custodial Suspect's Right To The Assistance Of Counsel – The Ambivalence Of Israeli Law Against The Background Of American Law, Rinat Kitai Mar 2004

A Custodial Suspect's Right To The Assistance Of Counsel – The Ambivalence Of Israeli Law Against The Background Of American Law, Rinat Kitai

Brigham Young University Journal of Public Law

No abstract provided.


After Grutter V. Bollinger Higher Education Must Keep Its Eyes On The Tainted Diversity Prize Legacy, L. Darnell Weeden Mar 2004

After Grutter V. Bollinger Higher Education Must Keep Its Eyes On The Tainted Diversity Prize Legacy, L. Darnell Weeden

Brigham Young University Journal of Public Law

No abstract provided.


Protected From Their Own Beliefs: Religious Objectors And Paternalistic Laws, Adam Fraser May 2003

Protected From Their Own Beliefs: Religious Objectors And Paternalistic Laws, Adam Fraser

Brigham Young University Journal of Public Law

No abstract provided.


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 Mar 2003

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

No abstract provided.


Getting Title Vii Back On Track: Leaving Allison Behind For The Robinson Line, W. Lyle Stamps Mar 2003

Getting Title Vii Back On Track: Leaving Allison Behind For The Robinson Line, W. Lyle Stamps

Brigham Young University Journal of Public Law

No abstract provided.


Despite A Recent Eleventh Circuit Decision, Diversity Remains A Compelling Interest In The University Admissions Process, David A. Kelly May 2002

Despite A Recent Eleventh Circuit Decision, Diversity Remains A Compelling Interest In The University Admissions Process, David A. Kelly

Brigham Young University Journal of Public Law

No abstract provided.


Different Strokes For Different Folks: Balancing The Treatment Of Employers And Employees In Employment Discrimination Cases In Courts Within The Tenth Circuit Court Of Appeals, Ruben H. Arredondo Mar 2002

Different Strokes For Different Folks: Balancing The Treatment Of Employers And Employees In Employment Discrimination Cases In Courts Within The Tenth Circuit Court Of Appeals, Ruben H. Arredondo

Brigham Young University Journal of Public Law

No abstract provided.


Caught Between The Scylla And Charybdis: Ameliorating The Collision Course Of Sexual Orientation Anti-Discrimination Rights And Religious Free Exercise Rights In The Public Workplace, Josiah N. Drew Mar 2002

Caught Between The Scylla And Charybdis: Ameliorating The Collision Course Of Sexual Orientation Anti-Discrimination Rights And Religious Free Exercise Rights In The Public Workplace, Josiah N. Drew

Brigham Young University Journal of Public Law

No abstract provided.


Katie John V. United States: Balancing Alaskan State Sovereignty With A Native Grandmother's Right To Fish, Ryan T. Peel Mar 2001

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

No abstract provided.


At War With The Constitution: A History Lesson From The Chief Justice, Thomas E. Baker May 1999

At War With The Constitution: A History Lesson From The Chief Justice, Thomas E. Baker

Brigham Young University Journal of Public Law

No abstract provided.


The History Of Suffrage And Equal Rights Provisions In State Constitutions, Carrie Hillyard Mar 1996

The History Of Suffrage And Equal Rights Provisions In State Constitutions, Carrie Hillyard

Brigham Young University Journal of Public Law

No abstract provided.


Five Supreme Court Constitutions: Race-Based Scrutiny Past, Present, And Future, David Zimmerman Mar 1996

Five Supreme Court Constitutions: Race-Based Scrutiny Past, Present, And Future, David Zimmerman

Brigham Young University Journal of Public Law

No abstract provided.


The Civil Rights Act Of 1991'S Answer To Lorance V. At&T Technologies, Inc., R. Chet Loftis Mar 1992

The Civil Rights Act Of 1991'S Answer To Lorance V. At&T; Technologies, Inc., R. Chet Loftis

Brigham Young University Journal of Public Law

No abstract provided.


Title Vii & The Civil Rights Act Of 1991: What Professional Firms Should Know, Ezra T. Clark Iii Mar 1992

Title Vii & The Civil Rights Act Of 1991: What Professional Firms Should Know, Ezra T. Clark Iii

Brigham Young University Journal of Public Law

No abstract provided.