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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 …

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 …

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 …

Ralph Mingolello, Plaintiff/Appellant, V. Megaplex Theaters, Defendant/Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from an order granting summary judgement in the fifth judicial district court of Utah. Washington County, Honorable Jeffrey C. Wilcox

Utah Department Of Transportation Vs. Tbt Property Management, Inc, A Utah Corporation; And The Utah Country Treasurer : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from a final judgmeent of the fourth district court for Utah County, Honorable Judge Steven L. Hansen, presiding

Hughes General Contractors Inc., A Utah Corporation Petitioner/ Appellant V. The Utah Labor Commssion, Occupational Safety And Health Division, Respondent/Appellee : Replacement Brief Of Respondent

Utah Supreme Court Briefs (1965 –)

Petition for Judicial Review of Decision of the Utah Labor Commission Appeals Board

As Greece Goes, So Goes The E.U.: Defending Europe With A Sovereign Debt Restructuring Framework, Elizabeth H. Dahill

Brigham Young University International Law & Management Review

No abstract provided.

Cross-Border Bankruptcy And The Cooperative Solution, Leah Barteld

Brigham Young University International Law & Management Review

No abstract provided.

Foreign Direct Investment In Post-War Iraq: An Investor's Introductory Guide To The Legal Framework, Jordan E. Toone

Brigham Young University International Law & Management Review

No abstract provided.

Corporate Governance In China: How Does The State Influence Its Own Enterprises?, Kan Zhang

Brigham Young University International Law & Management Review

No abstract provided.

Implementing The E.U. Unified Patent Court: Lessons From The Federal Circuit, Robert D. Swanson

Brigham Young University International Law & Management Review

No abstract provided.

The Regulation Of U.S. Money Market Funds: Lessons From Europe, Latoya Brown

Brigham Young University International Law & Management Review

No abstract provided.

Frontmatter

Brigham Young University International Law & Management Review

No abstract provided.

Us-China Trade Imbalance: The Economic, Political, And Legal Implications Of Chinese Currency Manipulation, Joshua Brown

Brigham Young University International Law & Management Review

No abstract provided.

Frontmatter

Brigham Young University International Law & Management Review

No abstract provided.

What Lies Beneath Section 956(C)(1)(D): Does An Intangible Property Right Constitue An Investment In U.S. Property?, Paul K. Marineau

Brigham Young University International Law & Management Review

No abstract provided.

The Meaning Of Science In The Copyright Clause, Ned Snow

BYU Law Review

The Constitution premises Congress's copyright power on promoting "the Progress of Science." The word Science therefore seems to define the scope of copyrightable subject matter. Modern courts and commentators have subscribed to an originalist view of Science, teaching that Science meant general knowledge at the time of the Framing. Under this interpretation, all subject matter may be copyrighted because expression about any subject increases society's store of general knowledge. Science, however, did not originally mean general knowledge. In this Article, I examine evidence surrounding the Copyright Clause and conclude that at the Framing of the Constitution, Science meant a system …

Deconstructing Disaster, Justin Pidot

BYU Law Review

Over time, we have grown increasingly vulnerable to natural disasters. Each decade, economic losses from such disasters more than double as people continue to build homes, businesses, and other physical infrastructure in hazardous places. Yet public policy has thus far failed to address the unique problems posed by natural disasters. This Article takes a first step toward improving public policy by offering a paradigm for understanding its failures, suggesting that three categories of obstacles obstruct sensible government regulation. Drawing from philosophy, cognitive psychology, history, anthropology, and political science, this Article identifies and analyzes three categories of obstacles to disaster policy-symbolic …

Perception And Persuasion In Legal Argumentation: Using Informal Fallacies And Cognitive Biases To Win The War Of Words, Cory S. Clements

BYU Law Review

No abstract provided.

Neutrality Fatality As Between Government Speech And Religion And Nonreligion: How The Government Speech Doctrine Provides A Solution, Haley Jankowski

BYU Law Review

No abstract provided.

Substantive Due Process: The Power To Grant Monopolies In The Federalist Marketplace Of State Experimentation, Curtis Thomas

BYU Law Review

Substantive due process is a controversial doctrine due to its lack of a limiting principle that prevents courts from creating or extending rights beyond the text of the Constitution. This Comment suggests that the effects of substantive due process should be evaluated from a perspective of their likely effect on the federalist marketplace of state experimentation. From this perspective, the application of substantive due process should be limited to natural rights, which are the equivalent of natural monopolies in economic marketplaces. The remaining rights should be allowed to develop through state experimentation.

Frontmatter

BYU Law Review

No abstract provided.

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

The Clark Memorandum

• Becoming a Fruitful Tree (Elizabeth A. Clark)
• Unfolding in Time (Elder Dallin H. Oaks)
• Faith to Forgive Grievous Harms (James R. Rasband)
• The 21st Century as the Century of Duties? (John W. Welch)

Frontmatter

Brigham Young University Education and Law Journal

No abstract provided.

Judicial Clarity: Giving Teeth To The Application Of Federal Disability Laws In Charter Schools, Sarah Wieselthier Esq.

Brigham Young University Education and Law Journal

No abstract provided.

Bamn! The Sixth Circuit Strikes Down Michigan's Proposal 2, J. Kevin Jenkins, Pamela Larde

Brigham Young University Education and Law Journal

No abstract provided.

Defamation Is More Than Just A Tort: A New Constitutional Standard For Internet Student Speech, Reesa Miles

Brigham Young University Education and Law Journal

No abstract provided.

Frontmatter

Brigham Young University Journal of Public Law

No abstract provided.

Let Me Count The Ways: The Unconstitutionality Of Same-Sex-Marriage Bans, Mark Strasser

Brigham Young University Journal of Public Law

No abstract provided.