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Full-Text Articles in Law
Twenty-First Century Split: Partisan, Racial, And Gender Differences In Circuit Judges Following Earlier Opinions, Stuart Minor Benjamin, Kevin M. Quinn, Byungkoo Kim
Twenty-First Century Split: Partisan, Racial, And Gender Differences In Circuit Judges Following Earlier Opinions, Stuart Minor Benjamin, Kevin M. Quinn, Byungkoo Kim
BYU Law Review
Judges shape the law with their votes and the reasoning in their opinions. An important element of the latter is which opinions they follow, and thus elevate, and which they cast doubt on, and thus diminish. Using a unique and comprehensive dataset containing the substantive Shepard’s treatments of all circuit court published and unpublished majority opinions issued between 1974 and 2017, we examine the relationship between judges’ substantive treatments of earlier appellate cases and their party, race, and gender. Are judges more likely to follow opinions written by colleagues of the same party, race, or gender? What we find is …
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 …
Walls Or Bridges: Law’S Role In Conflicts Over Religion And Equal Treatment, Martha Minow
Walls Or Bridges: Law’S Role In Conflicts Over Religion And Equal Treatment, Martha Minow
BYU Law Review
Presented as the Bruce C. Hafen Lecture, Brigham Young University Law School January 18, 2023
“[D]o you see religion as a club or do you see religion as a path? Do you see it as a wall that separates you or do you see it as a bridge that connects you to God and other people?
— Keith Ellison1
Gender, Credentials, And M&A, Tracey E. George, Mitu Gulati, Albert Yoon
Gender, Credentials, And M&A, Tracey E. George, Mitu Gulati, Albert Yoon
BYU Law Review
For the past several decades, women have made up roughly half of law school classes and the ranks of entering law firm associates. Attrition between entry to law firms and partnership results in women comprising 20% to 25% of partners. But is there yet more attrition to the top of the partnership pyramid? Analyzing the past decade of data on publicly filed M&A deals and detailed biographical information of M&A lawyers, we find that women make up fewer than 10% of deal leaders. When we look at the factors that determine who becomes a deal leader, we find that credentials—both …
Overqualified And Underrepresented: Gender Inequality In Pharmaceutical Patent Law, S. Sean Tu, Paul R. Gugliuzza, Amy Semet
Overqualified And Underrepresented: Gender Inequality In Pharmaceutical Patent Law, S. Sean Tu, Paul R. Gugliuzza, Amy Semet
BYU Law Review
Pharmaceutical patents represent some of the most valuable intellectual property assets in the world: they can be worth billions of dollars if courts uphold their validity and find them infringed. But, if invalidated, generic drug manufacturers can get to market earlier, generating billions of dollars of revenue for themselves and creating enormous savings for consumers. Accordingly, drug patents are the product of careful, high-cost prosecution and are associated with high-stakes, bet-the-company litigation.
But women lawyers are noticeably absent from pharmaceutical patent practice. This article reports an original empirical study finding that women comprise only one-third of the top pharmaceutical patent …
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.
Is Trade Sexist? How “Pink” Tariff Policies’ Harmful Effects Can Be Curtailed Through Litigation And Legislation, Miranda Hatch
Is Trade Sexist? How “Pink” Tariff Policies’ Harmful Effects Can Be Curtailed Through Litigation And Legislation, Miranda Hatch
BYU Law Review
No abstract provided.
Time’S Up: Schools Need To Teach Students About Sexual Harassment, Alyssa Nielsen
Time’S Up: Schools Need To Teach Students About Sexual Harassment, Alyssa Nielsen
BYU Law Review
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.
Clark Memorandum: Spring 2020, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society
Clark Memorandum: Spring 2020, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society
The Clark Memorandum
- Of Rights and Responsibilities: The Social Ecosystem of Religious Freedom
- I am the Woman Who Can
- Flashes of Light: Thoughts on Circumstantial Evidence
- Capital Markets and Human Flourishing
Read on Issuu
The Violence Against Women Act, Federal Criminal Jurisdiction, And Indian Tribal Courts , Paul J. Larkin Jr., Joseph Lupino-Esposito
The Violence Against Women Act, Federal Criminal Jurisdiction, And Indian Tribal Courts , Paul J. Larkin Jr., Joseph Lupino-Esposito
Brigham Young University Journal of Public Law
No abstract provided.
Clark Memorandum: Fall 2011, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School
Clark Memorandum: Fall 2011, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School
The Clark Memorandum
- Two Cheers for Thinking Like a Lawyer (Michael W. Mosman)
- The Struggle for Gender Equality (Sherril A. Elsworth)
- Predicting Violence (Shima Baradaran and Frank McIntyre)
- Women of Influence (Jane H. Wise)
- Wheels to Keep Us Moving (Sara Nielson)
Clark Memorandum: Fall 2008, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School
Clark Memorandum: Fall 2008, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School
The Clark Memorandum
- A Law upon Which All Blessings are Predicated (David A. Thomas)
- The Lawyer as Peacemaker (Matthew B. Durrant)
- Women in the Law (Nan Barker)
- With Charity for All (Matthew S. Holland)
Women, Equality, And The Federal Marriage Amendment, Comille S. Williams
Women, Equality, And The Federal Marriage Amendment, Comille S. Williams
Brigham Young University Journal of Public Law
No abstract provided.
One Small Step For Women: Female-Friendly Provisions In The Rome Statute Of The International Criminal Court, Rana Lehr-Lehnardt
One Small Step For Women: Female-Friendly Provisions In The Rome Statute Of The International Criminal Court, Rana Lehr-Lehnardt
Brigham Young University Journal of Public Law
No abstract provided.
Socratic Misogyny?--Analyzing Feminist Criticisms Of Socratic Teaching In Legal Education, David D. Garner
Socratic Misogyny?--Analyzing Feminist Criticisms Of Socratic Teaching In Legal Education, David D. Garner
BYU Law Review
No abstract provided.
Applying A Gender Perspective In The Area Of The Right To Freedom Of Religion Or Belief, Bahia Tahzib-Lie
Applying A Gender Perspective In The Area Of The Right To Freedom Of Religion Or Belief, Bahia Tahzib-Lie
BYU Law Review
No abstract provided.
Women's Rights In Early England, Christine G. Clark
Women's Rights In Early England, Christine G. Clark
BYU Law Review
No abstract provided.
Abating The Feminization Of Poverty: Changing The Rules Governing Post - Decree Modification Of Child Support Obligations, J. Thomas Oldham
Abating The Feminization Of Poverty: Changing The Rules Governing Post - Decree Modification Of Child Support Obligations, J. Thomas Oldham
BYU Law Review
No abstract provided.