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Full-Text Articles in Law
The Categorical Distinction Between Adolescents And Adults: The Supreme Court's Juvenile Punishment Cases—Constitutional Implications For Regulating Teenage Sexual Activity, Martin R. Gardner
Brigham Young University Journal of Public Law
I undertake in this article the task of exploring the impact of the punishment cases in resolving one particular controversial family law issue involving the possible existence of a juvenile’s constitutional right to engage in sexual conduct prohibited by the state and against the wishes of that juvenile’s parents. While the Supreme Court has seldom decided cases involving direct claims by children of constitutional rights disfavored by their parents, assertions by minors of constitutionally protected sexual liberty have become more prevalent of late in light of the Supreme Court’s recognition in Lawrence v. Texas of a constitutionally protected right, at …
Taking Mistakes Seriously, Paul J. Larkin Jr.
Taking Mistakes Seriously, Paul J. Larkin Jr.
Brigham Young University Journal of Public Law
Part I of this article discusses the principle that mistake or ignorance of the law is no excuse. It is settled law that no one can defend against a criminal charge on the grounds that he did not intend to flout the law and, at worst, made only a reasonable, honest mistake as to what he was free to do. Part II examines several areas in which the law does precisely the opposite by repeatedly manifesting a willingness to forgive reasonable mistakes by one or more actors in the criminal justice system. Part III then asks whether the developments discussed …
Significant But Unheralded Growth Of Large Externship Programs, James H. Backman, Cory S. Clements
Significant But Unheralded Growth Of Large Externship Programs, James H. Backman, Cory S. Clements
Brigham Young University Journal of Public Law
Law schools have offered student externships for several decades. The number of participating students has fluctuated over time. At first, more law students participated in externships than in in-house clinics, but that changed in the 1980s and remained consistent for many years. Starting in the early- to mid-1990s, externship enrollment surpassed in-house-clinic participation again and has continued to increase in the past decade, each year widening the gap between these two primary forms of practice-based experiential learning. Today, externships have never been more important as a means of providing practical legal education to the current generation of law students.
Punishing Pimps And Johns: Sex-Trafficking And Utah's Laws, Michelle Jeffs
Punishing Pimps And Johns: Sex-Trafficking And Utah's Laws, Michelle Jeffs
Brigham Young University Journal of Public Law
This article will focus on the problem of women being forced into prostitution and then coerced into staying, also known as sex trafficking. This Article will focus specifically on what Utah can do to improve its approach to sex trafficking, in light of actions taken by other states and nations. Part II of this article provides background and definitions of sex trafficking and the players involved. Part III discusses the legal history of the criminalization of sex trafficking. Part IV talks about incidents of sex trafficking in Utah. Part V discusses the current laws against sex trafficking in Utah. Part …
Mistaking U.S. Citizenship, Jorge Gavilanes
Mistaking U.S. Citizenship, Jorge Gavilanes
Brigham Young University Journal of Public Law
United States (“U.S.”) citizenship has been closely protected from those who cannot claim it. In fact, the value of citizenship is so strong that the law penalizes any who falsely claim citizenship or the benefits derived from being a citizen. Such penalties are imposed even upon those who have not intentionally claimed citizenship, but merely have mistakenly done so. Ironically, despite these efforts to safeguard U.S. citizenship’s privileges and protections, those who rightfully claim citizenship have been deported as aliens because of mistakes made by those enforcing immigration laws. Such juxtaposition leaves us wondering what the real value of citizenship …
For The Times They Are A-Changin': Explaining Voting Patters Of U.S. Supreme Court Justices Through Identification Of Micro-Publics, Jeff Yates, Justin Moeller, Brian Levey
For The Times They Are A-Changin': Explaining Voting Patters Of U.S. Supreme Court Justices Through Identification Of Micro-Publics, Jeff Yates, Justin Moeller, Brian Levey
Brigham Young University Journal of Public Law
In assessing how social forces may shape U.S. Supreme Court Justices’ decision-making it has been presumed that there is a singular public opinion and that this opinion affects each individual Justice in largely the same fashion. We suggest that it is more likely the case that Justices’ world views are informed and shaped by a myriad of social concerns and group identities upon which the Justices structure and process their experiences and develop and refine their personal schemas. While some have already begun to question the proposition of a monolithic public opinion influence on judicial behavior and have begun to …
Let Me Count The Ways: The Unconstitutionality Of Same-Sex-Marriage Bans, Mark Strasser
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
“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
The Meaning And Good Of Equality: Toward Enhanced Constitutional Principles, Scott Fitzgibbon
Brigham Young University Journal of Public Law
No abstract provided.
The Forgotten Founding Document: Considering The Ends Of The Law, A. Scott Loveless
The Forgotten Founding Document: Considering The Ends Of The Law, A. Scott Loveless
Brigham Young University Journal of Public Law
On the difficult moral issues confronting the judiciary today, a long overlooked bit of guidance is provided in the Declaration of Independence, natural law. This paper discusses the moral foundations of the Constitution and their relation to positive law, primarily addressing "same-sex marriage" in the context of Proposition 8 in California, but broadly applicable to other moral/legal conflicts such as abortion and the display of religious texts on public grounds, such as the Ten Commandments. It also challenges the judicial activism evident in many such cases as a judicial violation of the requirements of substantive due process.
“You Have The Right To Remain Silent”: Does The U.S. Constitution Require Public Affirmation Of Same-Sex Marriage?, Robert A. Destro
“You Have The Right To Remain Silent”: Does The U.S. Constitution Require Public Affirmation Of Same-Sex Marriage?, Robert A. Destro
Brigham Young University Journal of Public Law
No abstract provided.
The Spanish Law On Same-Sex Marriage: Constitutional Arguments, Carmen Garcimartin
The Spanish Law On Same-Sex Marriage: Constitutional Arguments, Carmen Garcimartin
Brigham Young University Journal of Public Law
No abstract provided.
The Constitutionality Of Same-Sex Marriage In Australia (And Other Related Issues), Augusto Zimmermann
The Constitutionality Of Same-Sex Marriage In Australia (And Other Related Issues), Augusto Zimmermann
Brigham Young University Journal of Public Law
No abstract provided.
Equality Principles As Asserted Justifications For Mandating The Legalization Of Same-Sex Marriage In American And Intercountry-Comparative Constitutional Law, Lynn D. Wardle
Brigham Young University Journal of Public Law
No abstract provided.
How The Battle To Redefine Marriage Affected Family Law In Argentina, Ursula C. Basset
How The Battle To Redefine Marriage Affected Family Law In Argentina, Ursula C. Basset
Brigham Young University Journal of Public Law
No abstract provided.