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“You Have The Right To Remain Silent”: Does The U.S. Constitution Require Public Affirmation Of Same-Sex Marriage?, Robert A. Destro Mar 2013

“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 Mar 2013

The Spanish Law On Same-Sex Marriage: Constitutional Arguments, Carmen Garcimartin

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 Mar 2013

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 Mar 2013

How The Battle To Redefine Marriage Affected Family Law In Argentina, Ursula C. Basset

Brigham Young University Journal of Public Law

No abstract provided.


Not Lol: Legal Issues Encountered During One High School's Response To Sexting, R. Stewart Mayers Ph.D., Mike F. Desiderio Ph.D. Mar 2013

Not Lol: Legal Issues Encountered During One High School's Response To Sexting, R. Stewart Mayers Ph.D., Mike F. Desiderio Ph.D.

Brigham Young University Education and Law Journal

No abstract provided.


Applying The "Paradox" Theory: A Law And Policy Analysis Of Collective Bargaining Rights And Teacher Evaluation Reform From Selected States, Mark Paige J.D., Ph.D. Mar 2013

Applying The "Paradox" Theory: A Law And Policy Analysis Of Collective Bargaining Rights And Teacher Evaluation Reform From Selected States, Mark Paige J.D., Ph.D.

Brigham Young University Education and Law Journal

No abstract provided.


A Survey Of Recent Employment Disputes Of Educators Engaged In Serving English Language Learners, Scott Ellis Ferrin Mar 2013

A Survey Of Recent Employment Disputes Of Educators Engaged In Serving English Language Learners, Scott Ellis Ferrin

Brigham Young University Education and Law Journal

No abstract provided.


The Ten-Month School Year: Are We Ignoring Educational Research In Order To Preserve Summer Vacation? Finding A Compromise Between Educational Advancement And Over-Schooling, Mary Therese O'Sullivan Mar 2013

The Ten-Month School Year: Are We Ignoring Educational Research In Order To Preserve Summer Vacation? Finding A Compromise Between Educational Advancement And Over-Schooling, Mary Therese O'Sullivan

Brigham Young University Education and Law Journal

No abstract provided.


“The Pursuit Of Happiness” Comes Home To Roost? Same-Sex Union, The Summum Bonum, And Equality, Patrick Mckinley Brennan Mar 2013

“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 Mar 2013

The Meaning And Good Of Equality: Toward Enhanced Constitutional Principles, Scott Fitzgibbon

Brigham Young University Journal of Public Law

No abstract provided.


The Constitutionality Of Same-Sex Marriage In Australia (And Other Related Issues), Augusto Zimmermann Mar 2013

The Constitutionality Of Same-Sex Marriage In Australia (And Other Related Issues), Augusto Zimmermann

Brigham Young University Journal of Public Law

No abstract provided.


The Forgotten Founding Document: Considering The Ends Of The Law, A. Scott Loveless Mar 2013

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.


Monopoly—University Edition: The Case For Student Housing Independence, Jeremy Rovinsky J.D. Mar 2013

Monopoly—University Edition: The Case For Student Housing Independence, Jeremy Rovinsky J.D.

Brigham Young University Education and Law Journal

No abstract provided.


Frontmatter Mar 2013

Frontmatter

Brigham Young University Education and Law Journal

No abstract provided.


The Illinois Dream Act: A Constitutional Nightmare, William Wojnarowski Mar 2013

The Illinois Dream Act: A Constitutional Nightmare, William Wojnarowski

Brigham Young University Education and Law Journal

No abstract provided.


Educational Federalism: A New Case For Reduced Federal Involvement In K-12 Education, Aaron Lawson Mar 2013

Educational Federalism: A New Case For Reduced Federal Involvement In K-12 Education, Aaron Lawson

Brigham Young University Education and Law Journal

No abstract provided.


Defending The Preponderance Of The Evidence Standard In College Adjudications Of Sexual Assault, Amy Chmielewski Mar 2013

Defending The Preponderance Of The Evidence Standard In College Adjudications Of Sexual Assault, Amy Chmielewski

Brigham Young University Education and Law Journal

No abstract provided.


To Prevent And To Protect: The Reporting Of Child Abuse By Educators, Jon M. Hogelin Mar 2013

To Prevent And To Protect: The Reporting Of Child Abuse By Educators, Jon M. Hogelin

Brigham Young University Education and Law Journal

No abstract provided.


Making Enemies Out Of Educators: The Legal And Social Consequences Of Disclosing New York City Teacher Data Reports, Frank G. Barile Mar 2013

Making Enemies Out Of Educators: The Legal And Social Consequences Of Disclosing New York City Teacher Data Reports, Frank G. Barile

Brigham Young University Education and Law Journal

No abstract provided.


Pulling Back The Curtains: Undetected Child Abuse And The Need For Increased Regulation Of Home Schools In Missouri, Tyler Barnett Mar 2013

Pulling Back The Curtains: Undetected Child Abuse And The Need For Increased Regulation Of Home Schools In Missouri, Tyler Barnett

Brigham Young University Education and Law Journal

No abstract provided.


The "Race To The Top" And The Inevitable Fall To The Bottom: How The Principles Of The "Campaign For Fiscal Equity" And Economic Integration Can Help Close The Achievement Gap, Cassandra Abbott Mar 2013

The "Race To The Top" And The Inevitable Fall To The Bottom: How The Principles Of The "Campaign For Fiscal Equity" And Economic Integration Can Help Close The Achievement Gap, Cassandra Abbott

Brigham Young University Education and Law Journal

No abstract provided.


Perspectives On Fisher V. University Of Texas And The Strict Scrutiny Standard In The University Admissions Context, Michael Poreda Mar 2013

Perspectives On Fisher V. University Of Texas And The Strict Scrutiny Standard In The University Admissions Context, Michael Poreda

Brigham Young University Education and Law Journal

No abstract provided.


Government Disapproval Of Religion, Jay Wexler Mar 2013

Government Disapproval Of Religion, Jay Wexler

BYU Law Review

The Supreme Court's "endorsement test" for evaluating the constitutionality of government sponsored symbols, displays, and messages regarding religion is notoriously controversial and has engendered enormous scholarly attention. In addition to government "endorsement" of religion, however, the test also prohibits the government from sending a message of "disapproval" of religion. The disapproval side of the endorsement test has not been subject to almost any scholarly discussion, which is not surprising given that until recently the courts have had no reason to entertain, much less sustain, challenges to alleged government disapproval of religion. In the last few years, however, due to a …


Walking A Thin Blue Line: Balancing The Citizen's Right To Record Police Officers Against Officer Privacy, Rebecca G. Van Tassell Mar 2013

Walking A Thin Blue Line: Balancing The Citizen's Right To Record Police Officers Against Officer Privacy, Rebecca G. Van Tassell

BYU Law Review

No abstract provided.


Contract And Choice, Peter B. Rutledge, Christopher R. Drahozal Mar 2013

Contract And Choice, Peter B. Rutledge, Christopher R. Drahozal

BYU Law Review

This Article contributes to an ongoing debate, afoot in academic, legal, and policy circles, over the future of consumer arbitration. Utilizing a newly available database of credit card agreements, the Article offers an in-depth examination of dispute resolution practices within the credit card industry. In some respects, the data cast doubt on the conventional wisdom about the pervasiveness of arbitration clauses in consumer contracts and the presence of unfair terms. For example, the vast majority of credit card issuers do not utilize arbitration clauses, and by the end of 201 0, the majority of credit card debt was not subject …


The End Of Shareholder Litigation? Allowing Shareholders To Customize Enforcement Through Arbitration Provisions In Charters And Bylaws, Paul Weitzel Mar 2013

The End Of Shareholder Litigation? Allowing Shareholders To Customize Enforcement Through Arbitration Provisions In Charters And Bylaws, Paul Weitzel

BYU Law Review

Shareholder litigation has been heavily criticized for its inability to compensate harmed shareholders or deter managerial misconduct. While some have suggested abolishing shareholder litigation altogether, this Article takes a more moderate approach. I propose allowing shareholders to enforce charter and bylaw provisions that require arbitration of certain disputes. For example, an acquisitive company may require arbitration of merger-related suits while allowing non-merger suits to proceed in court. Likewise, a company in an industry known for volatile stock prices could require a price drop of three or four standard deviations before the suit could be brought in court, rather than arbitration. …


The Legality Of Armed Drone Strikes Against U.S. Citizens Within The United States, Marshall Thompson Mar 2013

The Legality Of Armed Drone Strikes Against U.S. Citizens Within The United States, Marshall Thompson

BYU Law Review

No abstract provided.


Frontmatter Mar 2013

Frontmatter

BYU Law Review

No abstract provided.


Religions As Sovereigns: Why Religion Is "Special", Elizabeth Clark Feb 2013

Religions As Sovereigns: Why Religion Is "Special", Elizabeth Clark

Faculty Scholarship

Commentators increasingly challenge religion’s privileged legal status, arguing that it is not “special” or distinct from other associations or philosophical or conscientious claims. I propose that religion is “special” because it functions metaphorically as a legal sovereign, asserting supreme authority over a realm of human life. Under a religion-as-sovereign theory, religious freedom can be understood as at least partial deference to a religious sovereign in a system of shared or overlapping sovereignty. This Article suggests that federalism, which also involves shared sovereignty, can provide a useful heuristic device for examining religious freedom. Specifically, the Article examines a range of federalism …


A Case For The Public Domain, Clark Asay Feb 2013

A Case For The Public Domain, Clark Asay

Faculty Scholarship

Over the past several decades open license movements have proven highly successful in the software and content worlds. Such movements rely in part on the belief that greater freedom of use triggers innovative activity that is superior to what a restrictive IP approach produces. Ironically, such open license movements also rely on IP rights to promote their vision of freedom and openness. They do so through IP licenses that, while granting significant freedoms, also impose certain conditions on users such as the “copyleft” requirement in the software world. Such movements rely on this IP-based approach due to fears that, without …