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Religion, Meaning, Truth, Life, Frederick Mark Gedicks

Faculty Scholarship

No abstract provided.

Rfra Exemptions From The Contraception Mandate: An Unconstitutional Accommodation Of Religion, Frederick Mark Gedicks, Rebecca G. Van Tassell

Faculty Scholarship

Litigation surrounding use of the Religious Freedom Restoration Act to exempt employers from the Affordable Care Act’s “contraception mandate” is moving steadily towards resolution in the U.S. Supreme Court. Both opponents and supporters of the mandate, however, have overlooked the Establishment Clause limits on such exemptions.

The heated religious-liberty rhetoric aimed at the mandate has obscured that RFRA is a “permissive” rather than “mandatory” accommodation of religion — a government concession to religious belief and practice that is not required by the Free Exercise Clause. Permissive accommodations must satisfy Establishment Clause constraints, notably the requirement that the accommodation not impose …

“. . . Speak Now Or Forever Hold Your Peace . . .” —The Influence Of Constitutional Argument On Same-Sex Marriage Legislation Debates In Australia, Neville Rochow

BYU Law Review

No abstract provided.

Masthead

BYU Law Review

No abstract provided.

Table Of Contents

BYU Law Review

No abstract provided.

The Unnecessary And Restrictive Constitutional Amendments Concerning Religious Freedom In Mexico, Javier Saldaña Serrano

BYU Law Review

No abstract provided.

The Shinto Cases: Religion, Culture, Or Both—The Japanese Supreme Court And Establishment Of Religion Jurisprudence, Frank S. Ravitch

BYU Law Review

No abstract provided.

Freedom Of Religion In China Under The Current Legal Framework And Foreign Religious Bodies, Ping Xiong

BYU Law Review

No abstract provided.

Municipal Manifest Destiny: Constitutionality Of Unilateral Municipal Annexations, Dustin Cammack

BYU Law Review

No abstract provided.

Liberal Democracy And The Right To Religious Freedom, Aldir Guedes Soriano

BYU Law Review

Foremost, this paper examines the current situation of the rights to religious freedom and democracy around the world, which deserve attention and concern. Civil liberties are currently in crossfire. This article examines the foundations of the right to religious freedom. Depending on the philosophical foundations, there are two different rationales for the right to religious freedom: liberal and anti-liberal. According to the liberal tradition, the best reason to protect religious freedom rests upon the autonomy of the individual conscience. It is clear that a constitutional democracy does not allow the establishment of any religion by the government, using either executive …

Nepa And Indirect Effects Of Foreign Activity: Limiting Principles From The Presumption Against Extraterritoriality And Transnational Lawmaking, David Heywood

BYU Law Review

No abstract provided.

The Tribes Must Regulate: Jurisdictional, Environmental, And Religious Considerations Of Hydraulic Fracturing On Tribal Lands, Szonja Ludvig

BYU Law Review

No abstract provided.

Ex-Post Incentives And Ip In Garcia V. Google And Beyond, Clark D. Asay

Faculty Scholarship

In this Essay, I articulate a theory for why the outcome in the Ninth Circuit's recent Garcia v. Google copyright decision is wrong. I apply the same theory to explain the problem with patent assertion entities, more colloquially known as patent trolls.

Invisible Women: Why An Exemption For Hobby Lobby Would Violate The Establishment Clause, Frederick Mark Gedicks, Andrew Koppelman

Faculty Scholarship

Can an employer make his employees foot the bill for his religious beliefs? Merely to ask this question is to answer it. “Religious liberty” does not and cannot include the right to impose the costs of observing one's religion on someone else. Indeed, the Supreme Court has consistently interpreted the Free Exercise Clause, the Establishment Clause, and Title VII of the Civil Rights Act of 1964 to forbid permissive accommodations of religion in the for-profit workplace when they impose significant burdens on identifiable and discrete third parties.

In Sebelius v. Hobby Lobby Stores, Inc., however, an employer is claiming that …

Ruth B. Hardy Revocable Trust, Et Al., Plaintiffs And Appellants, Vs. Mark Lee Rindlesback, Individually And As Trustee Of The Rindlesback Construction, Inc. Profit Sharing Plan, Defendants And Appellees : Brief Of Appellees, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the Third Judicial District Court of Salt Lake County The Honorable Deno Himonas

State Of Utah, Plaintiff/Appellee, Vs. John E. Hummel, Defendant/Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from convictions of two counts of theft by extortion, alternatively charged as theft by deception, each a second degree felony, in violation of Utah Code Ann. § 76-6-406 or, alternatively, in violation of Utah Code Ann. § 76-6-405; a conviction of one count of theft by deception, a second degree felony, in violation of Utah Code Ann. § 76-6-405; a conviction of one count of theft by extortion, alternatively charged as theft by deception, a third degree felony, in violation of Utah Code Ann. § 76-6-406 or, alternatively, in violation of Utah Code Ann. § 76-6-405; and a conviction …

Future War, Future Law, Eric Talbot Jensen

Faculty Scholarship

Advancing technology will dramatically affect the weapons and tactics of future armed conflict, including the “places” where conflicts are fought, the “actors” by whom they are fought, and the “means and methods” by which they are fought. These changes -- including continuing cyber conflict, increased use of autonomous weapon systems, the development of nanotechnology, and evolving virology capabilities -- will stress even the fundamental principles of the law of armed conflict, or LOAC. While it is likely that the contemporary LOAC will be sufficient to regulate the majority of future conflicts, the international community must be willing to evolve the …

State Of Utah, Plaintiff/Appellee, V. John E. Hummel, Defendant/Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Apppeal from convictions for theft, two third-degree and two second-degree felonies; attempted theft, a third-degree felony; and theft by deception, a second-degree felony, in the Sixth Judicial District, Garfield County, the Honorable James R. Taylor presiding

Guantanamo And The End Of Hostilities, Eric Talbot Jensen

Faculty Scholarship

Detainees in the War on Terror have been at Guantanamo Bay for over a decade. The justification for these detentions has been, at least in part, the on-going hostilities in Afghanistan. However, President Obama’s announcement in his 2013 State of the Union address that “By the end of [2014] our war in Afghanistan will be over” may undercut the continuing detention authority for at least some of these Guantanamo detainees. This paper analyzes the legal doctrine of release and repatriation in light of President Obama’s announcement and concludes that the President’s determination that hostilities have concluded between specific Parties to …

Cal Wadsworth Construction, A Utah Corporation, Plaintiff/Appellant, V. The City Of St. George, A Municipality, Defendant/Appellee : Petition For Rehearing Of Appellant

Utah Appeals Court Briefs

Appeal from a Final Judgment of the Fifth Judicial District Court of Washington County, The Honorable J. Philip Eves Presiding

Weiman Ha, Et Al., Plaintiffs, Vs. Cuong Si Trang,Et Al., Defendants, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Findings of Fact, Conclusions of Law, Order and Judgment case no. 110913027

2013 Byu Law School Annual Report, J. Reuben Clark Law School

The BYU Advocate (& Annual Reports)

No abstract provided.

Contractually Adopted Fiduciary Duty, D. Gordon Smith

Faculty Scholarship

The Delaware Supreme Court recently referred to “contractually adopted fiduciary duties.” Although some commentators, including Larry Ribstein, view fiduciary duties as a type of contract term, the notion of contractually adopted fiduciary duties is incoherent. The need to opt in to fiduciary duties would arise in only two circumstances: (1) fiduciary relationships that do not invoke fiduciary duties without contractual authorization, and (2) nonfiduciary relationships in which the parties wish to invoke fiduciary duties that would otherwise be absent. The first category of relationships does not exist, as courts impose fiduciary duties when the structure of a relationship indicates that …

Clark Memorandum: Fall 2013, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society

The Clark Memorandum

• Looking Beyond the Stacks (David L. Armond and Shawn G. Nevers)
• A Lesson in Flying (RonNell Anderson Jones)
• Faith, Family, and Religious Freedom (Elder Jeffrey R. Holland)
• Instruments in His Hand (Elder Larry Echo Hawk)

2013-2014 Byu Law Review Masthead

Masthead Archive

No abstract provided.

Frontmatter

Brigham Young University Journal of Public Law

No abstract provided.

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 …

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

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 …

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 …