Law Commons^™

Teaching Law And Science Fiction At The University Of Mississippi, Ellie Campbell, Antonia Eliason

Faculty Publications

No abstract provided.

Salt, Smurthwaite, And Smith: The Origins Of The Modern Legal Identity Of The Church Of Jesus Christ Of Latter-Day Saints, Nathan B. Oman

Faculty Publications

In 2019 there existed a legal entity known as The Church of Jesus Christ of Latter-day Saints. This fact will likely strike most readers as unexceptional. More interesting, however, prior to 2019 there had been no such legal entity as the Church of Jesus Christ of Latter-day Saints for over 150 years, the last of that name likely having been disincorporated in 1862. Even more strangely, although there were millions of people around the globe who identified themselves as Latter-day Saints, in 2019 the only member of the legal entity known as The Church of Jesus Christ of Latter-day Saints …

Civil Disobedience In Latter-Day Saint Thought, Nathan B. Oman

Faculty Publications

The twelfth article of faith declares, “We believe in being subject to kings, presidents, rulers, and magistrates, in obeying, honoring, and sustaining the law” (A of F 1:12). On its face, this statement seems to be an unqualified acceptance of legal authority, one that would suggest that Latter-day Saints ought to shun civil disobedience. However, a closer look at Restoration scripture, teachings, and experience reveals a more complicated picture. To be sure, law-abidingness has long been central to the Saints’ identity, particularly in the twentieth and twenty-first centuries, and like the New Testament, Restoration scripture generally accepts the need to …

Women Leaders And Policy Compliance During A Public Health Crisis, Nichole M. Bauer, Jeong Hyun Kim, Yesola Kweon

Faculty Publications

How does the gender of a political leader affect policy compliance of the public during a public health crisis? State and national leaders have taken a variety of policy measures to combat the COVID-19 pandemic, with varying levels of success. While many female leaders have been credited with containing the spread of COVID-19, often through implementing strict policy measures, there is little understanding of how individuals respond to public health policy recommendations made by female and male leaders. This article investigates whether citizens are more willing to comply with strict policy recommendations about a public health issue when those recommendations …

It's Complicated: The Impact Of Marriage Legalization Among Sexual Minority Women And Gender Diverse Individuals In The United States, Laurie Drabble, Angie Wootton, Cindy Veldhuis, Ellen Perry, Ellen Riggle, Karen Trocki, Tonda Hughes

Faculty Publications

This mixed-methods study explored perceptions of the impact of marriage legalization in all U.S.states among sexual minority women and gender diverse individuals. Survey data were collectedfrom a nonprobability sample of individuals 18 years or older who identified as lesbian, bisexual,queer, same-sex attracted or something other than exclusively heterosexual—as well asindividuals who identified as transgender or gender nonbinary (for example, genderqueer, transwoman, trans man, nonbinary, or gender non-conforming). The analytic sample included 418participants in an online survey who responded to open-ended questions about the perceivedimpact of marriage legalization. Qualitative analyses revealed perceptions of marriagelegalization that situated individual meanings in the context …

Book Review: Abortion Rights: For And Against, Michelle Oberman, Julia D. Hejduk

Faculty Publications

No abstract provided.

Challenging Calls For Civility, Reshmi Dutt-Ballerstadt

Faculty Publications

In conjunction with her article "When Free Speech Disrupts Diversity Initiatives: What We Value and What We Do Not," Reshmi Dutt-Ballerstadt writes about civility codes and free speech for Academe Blog.

My Grandfather Was An Illegal Immigrant: Guest Opinion, Daniel Pollack-Pelzner

Faculty Publications

In this opinion piece originally published in the Oregonian, Daniel Pollack-Pelzner reflects on his grandfather's immigration status in light of the Trump administration's decision to end temporary protection for 200,000 Salvadoran immigrants who came to the United States without documentation.

Review Of John Whalen-Bridge, Tibet On Fire: Buddhism, Protest, And The Rhetoric Of Self-Immolation, Daniel S. Capper

Faculty Publications

Review of John Whalen-Bridge, Tibet on Fire: Buddhism, Protest, and the Rhetoric of Self-Immolation, in Journal of Contemporary Religion

When Free Speech Disrupts Diversity Initiatives: What We Value And What We Do Not, Reshmi Dutt-Ballerstadt

Faculty Publications

In this essay, I argue that the debate on free speech as pushed by the conservative right is a strategic apparatus to undermine the various diversity initiatives on college and university campuses. While supporters of the right wing extremists around the globe have pushed for various modes of exclusions (social, racial, ethnic, cultural, religious and sexual), here in the United States, such exclusions are most evident in the collapse of academic freedom and the rise of civility codes as students and educators use the platform of free speech to promote various forms of injustices and exclusions. Our neoliberal college and …

The Myth Of Strategic And Tactical Airlift, Jacob D. Maywald, Adam D. Reiman, Alan A. Johnson, Robert E. Overstreet

Faculty Publications

In the 21st century, our ability to quickly and decisively deliver combat forces and equipment is of the utmost importance in achieving our national security objectives. The swiftness and flexibility of the US Air Force’s mobility airlift fleet is the key to executing a rapid global mobility strategy. The operational effectiveness and efficiency of military air transportation relies on the expertise and intuition of Air Mobility Command’s (AMC) mobility planners. Working in coordination with the United States Transportation Command (USTRANSCOM) and geographic combatant commands (GCC), AMC is responsible for the tasking and tracking of almost 900 daily mobility sorties worldwide. …

Brandishing Our Air, Space, And Cyber Swords: Recommendations For Deterrence And Beyond, Mark Reith

Faculty Publications

This article examines how the nation could better prepare to deter aggressive action in space and cyberspace, and if necessary, prevail should deterrence fail. The key themes throughout this article include a strong need for space and cyber situational awareness, the need for an international attribution and escalation framework, and a national investment in space and cyber education, along with an updated national strategy and military doctrine. Although related, this article focuses on deterrence and avoids the topic of cyber coercion.

God’S Uses Of The Law And The Effort To Establish A Constitutional Right To The Means To Live, Marie A. Failinger, Patrick R. Keifert

Faculty Publications

No abstract provided.

International Legal Experience And The Mormon Theology Of The State, 1945-2012, Nathan B. Oman

Faculty Publications

No abstract provided.

Review Of Stoltzfus, Pacifists In Chains: The Persecution Of Hutterites During The Great War, Carol A. Leibiger

Faculty Publications

No abstract provided.

English Justices And Roman Jurists: The Civilian Learning Behind England's First Case Law, Thomas J. Mcsweeney

Faculty Publications

Article looks at a historical problem—the first use of case law by English royal justices in the thirteenth century—and makes it a starting point for thinking about the ways legal reasoning works in the modern common law. In the first Part of the Article, I show that, at its origin, the English justices’ use of decided cases as a source of law was inspired by the work civil and canon law scholars were doing with written authorities in the medieval universities. In an attempt to make the case that English law was on par with civil law and canon law, …

"The Living Oracles": Legal Interpretation And Mormon Thought, Nathan B. Oman

Faculty Publications

No abstract provided.

Preaching To The Court House And Judging In The Temple, Nathan B. Oman

Faculty Publications

No abstract provided.

Book Review Of Faiths Of The Founding Fathers, Davison M. Douglas

Faculty Publications

No abstract provided.

Jurisprudence And The Problem Of Church Doctrine, Nathan B. Oman

Faculty Publications

No abstract provided.

The Discourse Beneath: Emotional Epistemology In Legal Deliberation And Negotiation, Erin Ryan

Faculty Publications

No abstract provided.

Nietzsche’S Place In Nineteenth Century German Philosophy, Michael S. Green

Faculty Publications

No abstract provided.

"Secret Combinations": A Legal Analysis, Nathan B. Oman

Faculty Publications

No abstract provided.

Review Of The Hanging Of Ephraim Wheeler : A Story Of Rape, Incest, And Justice In Early America, Michael F. Russo

Faculty Publications

No abstract provided.

Dworkin's Fallacy, Or What The Philosophy Of Language Can't Teach Us About The Law, Michael S. Green

Faculty Publications

No abstract provided.

Book Review Of Sarah Barringer Gordon's The Mormon Question: Polygamy And Constitutional Conflict In Nineteenth-Century America, Nathan B. Oman

Faculty Publications

No abstract provided.

Making Our Home In The Works Of God: Lutherans On The Civil Use Of The Law, Marie A. Failinger, Patrick R. Keifert

Faculty Publications

No abstract provided.

Exploring Feminism Globally To Achieve Global Feminism, Anna M. Han

Faculty Publications

Edited Speech delivered on October 6, 2000 at the University of San Diego Journal of Contemporary Legal Issues Conference on Intersectionality and Critical Race Feminism.

In writing this article, I kept thinking of the various stories that I heard during the workshops in Beijing and again I was struck by the commonality of the underlying issues facing women from around the world. While there may be dramatic political, cultural, linguistic and economic differences, I posit that there were more similarities than there were differences.

"Out Of Zion Shall Go Forth The Law", Nathan B. Oman

Faculty Publications

No abstract provided.

The Religious Right In Court: The Decision Making Of Christian Evangelicals In State Supreme Courts, Donald R. Songer, Susan J. Tabrizi

Faculty Publications

Much has been written recently about the emergence of evangelicals and others often labeled the "new Religious Right" in American politics. However, little attention has been paid to whether officials who have been socialized in the denominations characterized as being part of this Religious Right actually behave differently in office from those brought up in other religious traditions. The present study begins such an inquiry by examining differences in the voting behavior of state supreme court justices in three issue areas. Evangelical justices were found to be significantly more conservative than mainline Protestant, Catholic, and Jewish justices in death penalty, …