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Articles 1 - 30 of 103
Full-Text Articles in Law
Rulemaking By Ambush: How Prohibitions Against It Became Dead Letters, Arthur G. Sapper
Rulemaking By Ambush: How Prohibitions Against It Became Dead Letters, Arthur G. Sapper
Brigham Young University Journal of Public Law
No abstract provided.
Osha’S Covid-19 Vaccine Mandate: Why Justice Gorsuch’S Analysis Of The Mandate As An Elephant In A Mousehole Misses The Mark, Wyatt Rex Allred
Osha’S Covid-19 Vaccine Mandate: Why Justice Gorsuch’S Analysis Of The Mandate As An Elephant In A Mousehole Misses The Mark, Wyatt Rex Allred
BYU Law Review
Administrative law doctrines such as Chevron seek to strike a balance between adequate delegated power and sufficient checks on such power. The major questions doctrine reinforces the latter. Recent decisions finding major questions, however, have shown a departure from textualist principles, which formed the doctrine s foundation. Justice Gorsuch's opinion in NFIB v. OSHA is an example of this desertion of textualist principles and should thus be viewed as an improper application of the major questions doctrine. Rather than remodeling the major questions doctrine, textualist judges should acknowledge that this form of anti-textual analysis is nothing short of a revival …
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.
Giving Hardison The Hook: Restoring Title Vii’S Undue Hardship Standard, Kade Allred
Giving Hardison The Hook: Restoring Title Vii’S Undue Hardship Standard, Kade Allred
Brigham Young University Journal of Public Law
No abstract provided.
Now And Again: Reappraising Disability Leave As An Accommodation, Ryan H. Nelson
Now And Again: Reappraising Disability Leave As An Accommodation, Ryan H. Nelson
BYU Law Review
No abstract provided.
Opt-In Arbitration: A Functional Alternative To The Fair Act, Garrett Meisman
Opt-In Arbitration: A Functional Alternative To The Fair Act, Garrett Meisman
BYU Law Review
No abstract provided.
All The Tenacity Of Original Sin: Agencies And Courts Continue To Place The Burden Of Persuasion On Defendants In Violation Of The Apa And Supreme Court Precedent, Arthur Sapper
Brigham Young University Journal of Public Law
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 …
Reputation Systems Bias In The Platform Workplace, E. Gary Spitko
Reputation Systems Bias In The Platform Workplace, E. Gary Spitko
BYU Law Review
Online reputation systems enable the providers and consumers of a product or service to rate one another and allow others to rely upon those reputation scores in deciding whether to engage with a particular provider or consumer. Reputation systems are an intrinsic feature of the platform workplace, in which a platform operator, such as Uber or TaskRabbit, intermediates between the provider of a service and the consumer of that service. Operators typically rely upon consumer ratings of providers in rewarding and penalizing providers. Thus, these reputation systems allow an operator to achieve enormous scale while maintaining quality control and user …
Osha, The Opportunism Police, Jason R. Bent
Unfit To Be Seen: Customer Preferences And The Americans With Disabilities Act, Craig Westergard
Unfit To Be Seen: Customer Preferences And The Americans With Disabilities Act, Craig Westergard
Brigham Young University Journal of Public Law
No abstract provided.
Monetary Liability Of Public School Employees Under The Idea And Section 504/Ada, Perry A. Zirkel
Monetary Liability Of Public School Employees Under The Idea And Section 504/Ada, Perry A. Zirkel
Brigham Young University Education and Law Journal
No abstract provided.
Armed And Dangerous - Teachers? A Policy Response To Security In Our Public Schools, Todd A. Demitchell, Christine C. Rath
Armed And Dangerous - Teachers? A Policy Response To Security In Our Public Schools, Todd A. Demitchell, Christine C. Rath
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.
A Solution To Utah’S Non-Compete Dilemma: Soliciting The Use Of Non-Solicitation Agreements, Jerrick Robbins
A Solution To Utah’S Non-Compete Dilemma: Soliciting The Use Of Non-Solicitation Agreements, Jerrick Robbins
BYU Law Review
Utah has become a hub for company growth and innovation, especially in an area known as the “Silicon Slopes.” Well-known companies, like Qualtrics, Adobe, and eBay, have offices along the Wasatch Front. With such newfound relevance in the business community, it may seem odd that Utah’s legislature recently passed the Post-Employment Restrictions Act, which some say threatens Utah’s position as a state where businesses thrive. The Act restricts non-compete agreements to periods not greater than one year and automatically penalizes, through attorney’s fees and costs, any employer who tries to enforce a non-compete agreement that a court later finds unenforceable …
To Solve It Aright: Rerum Novarum And New Jersey's Answer To Catholic Bishop Of Chicago, Daniel T. Paxton
To Solve It Aright: Rerum Novarum And New Jersey's Answer To Catholic Bishop Of Chicago, Daniel T. Paxton
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.
Be Careful What You Wish For: Why Hobby Lobby Weakens Religious Freedom, Frank S. Ravitch
Be Careful What You Wish For: Why Hobby Lobby Weakens Religious Freedom, Frank S. Ravitch
BYU Law Review
The United States Supreme Court’s decision in Burwell v. Hobby Lobby Stores, Inc., which brought for-profit corporations under the protection of the Religious Freedom Restoration Act, has been the subject of widespread support and criticism. Some have lauded the Hobby Lobby decision as an important step in protecting religious freedom. Others have derided it as an affront to the civil rights of corporate employees. This Article suggests a third perspective, namely, that Hobby Lobby harms, rather than helps, religious freedom. Both legally and politically, Hobby Lobby is likely to lead to a reduction in protection for religious individuals and entities …
Unpaid Internships: Free Labor Or Valuable Learning Experience, Robert J. Tepper, Matthew P. Holt
Unpaid Internships: Free Labor Or Valuable Learning Experience, Robert J. Tepper, Matthew P. Holt
Brigham Young University Education and Law Journal
No abstract provided.
Ideologically Oriented Enterprises Faced With The Reconfiguration Of Ethics And Spiritual Management, Louis-Léon Christians
Ideologically Oriented Enterprises Faced With The Reconfiguration Of Ethics And Spiritual Management, Louis-Léon Christians
BYU Law Review
No abstract provided.
A Survey Of Recent Employment Disputes Of Educators Engaged In Serving English Language Learners, Scott Ellis Ferrin
A Survey Of Recent Employment Disputes Of Educators Engaged In Serving English Language Learners, Scott Ellis Ferrin
Brigham Young University Education and Law Journal
No abstract provided.
Mobility Measures, Naomi Schoenbaum
Mobility Measures, Naomi Schoenbaum
BYU Law Review
Geographic mobility is a celebrated feature of American life. Deciding where to live is seen not only as a key personal freedom, but also a means of economic advancement. Millions of Americans move each year over great distances. But while this right to travel is safeguarded by the Constitution, these mobility decisions are not entirely free. In terms of the decision to move long distances, employment and family reasons are central, and a regime of employment and family law “mobility measures” play a significant role in regulating why and how we move. This Article first sets forth this new framework …
From Handbills To Proposed Bills: Suggestions For Regulating The Law Vegas "Strip" Tease, Brian D. Blakley
From Handbills To Proposed Bills: Suggestions For Regulating The Law Vegas "Strip" Tease, Brian D. Blakley
BYU Law Review
No abstract provided.
Discouraging Voluntary Disclosure: Eeoc V. C.R. England And Confidentiality Under The Ada, Jessica Jones
Discouraging Voluntary Disclosure: Eeoc V. C.R. England And Confidentiality Under The Ada, Jessica Jones
BYU Law Review
No abstract provided.
Employment, Sexual Orientation, And Religious Beliefs: Do Religious Educational Institutions Have A Protected Right To Discriminate In The Selection And Discharge Of Employees?, Ralph D. Mawdsley
Brigham Young University Education and Law Journal
No abstract provided.
Goldilocks And The Three-Judge Panel: Spencer V. World Vision, Inc. And The Religious Organization Exemption Of Title Vii, Brandon S. Boulter
Goldilocks And The Three-Judge Panel: Spencer V. World Vision, Inc. And The Religious Organization Exemption Of Title Vii, Brandon S. Boulter
BYU Law Review
No abstract provided.
Golden Gate And The Ninth Circuit’S Threat To Erisa’S Uniformity And Jurisprudence , Landon Wade Magnusson
Golden Gate And The Ninth Circuit’S Threat To Erisa’S Uniformity And Jurisprudence , Landon Wade Magnusson
BYU Law Review
No abstract provided.
Contracts, Custom, And The Common Law: Towards A Renewed Prominence For Contract Law In American Wrongful Discharge Jurisprudence, Timothy J. Coley
Contracts, Custom, And The Common Law: Towards A Renewed Prominence For Contract Law In American Wrongful Discharge Jurisprudence, Timothy J. Coley
Brigham Young University Journal of Public Law
No abstract provided.
Transforming The Public Employee Speech Standard In Posey V. Lake Pend Oreille: More Than Meets The Eye , Benjamin M. Smith
Transforming The Public Employee Speech Standard In Posey V. Lake Pend Oreille: More Than Meets The Eye , Benjamin M. Smith
BYU Law Review
No abstract provided.
Still On The Border: The Fractured Membership Rights Of The Undocumented Worker, D. Carolina Nuñez
Still On The Border: The Fractured Membership Rights Of The Undocumented Worker, D. Carolina Nuñez
Faculty Scholarship
No abstract provided.