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Brigham Young University Law School

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Frontmatter May 2009

Frontmatter

BYU Law Review

No abstract provided.


Clark Memorandum: Spring 2009, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School Apr 2009

Clark Memorandum: Spring 2009, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School

The Clark Memorandum


Shirlene Ostermiller Nka Shaw, Petitioner/ Appellee V. Dave G. Ostermiller, Respondent/ Appellant : Brief Of Certiorari Mar 2009

Shirlene Ostermiller Nka Shaw, Petitioner/ Appellee V. Dave G. Ostermiller, Respondent/ Appellant : Brief Of Certiorari

Utah Supreme Court Briefs (1965 –)

Appeal from theFirst Judicial District Court, Cache County, Utah Honorable Gordon J. Low


The Tangled Web Of Plagiarism Litigation: Sorting Out The Legal Issues, Ralph D. Mawdsley Mar 2009

The Tangled Web Of Plagiarism Litigation: Sorting Out The Legal Issues, Ralph D. Mawdsley

Brigham Young University Education and Law Journal

No abstract provided.


Frontmatter Mar 2009

Frontmatter

Brigham Young University Education and Law Journal

No abstract provided.


Parental Rights And The State Regulation Of Religious Schools, Matthew Steilen Mar 2009

Parental Rights And The State Regulation Of Religious Schools, Matthew Steilen

Brigham Young University Education and Law Journal

No abstract provided.


Desegregating Resegregation Efforts: Providing All Students Opportunities To Excel In Advanced Mathematics Courses, Spencer C. Weiler, Susan Walker Mar 2009

Desegregating Resegregation Efforts: Providing All Students Opportunities To Excel In Advanced Mathematics Courses, Spencer C. Weiler, Susan Walker

Brigham Young University Education and Law Journal

No abstract provided.


Nervous Laughter And The High Cost Of Equality: Renewing "No Child Left Behind" Will Safeguard A Vibrant Federalism And A Path Toward Educational Excellence, Anthony Consiglio Mar 2009

Nervous Laughter And The High Cost Of Equality: Renewing "No Child Left Behind" Will Safeguard A Vibrant Federalism And A Path Toward Educational Excellence, Anthony Consiglio

Brigham Young University Education and Law Journal

No abstract provided.


Constitutionality Of Home Education: How The Supreme Court And American History Endorse Parental Choice, Chad Olsen Mar 2009

Constitutionality Of Home Education: How The Supreme Court And American History Endorse Parental Choice, Chad Olsen

Brigham Young University Education and Law Journal

No abstract provided.


Affirmative Action Gone Haywire: Why State Laws Granting College Tuition Prefernces To Illegal Aliens Are Preempted By Federal Law, Ralph W. Kasarda Mar 2009

Affirmative Action Gone Haywire: Why State Laws Granting College Tuition Prefernces To Illegal Aliens Are Preempted By Federal Law, Ralph W. Kasarda

Brigham Young University Education and Law Journal

No abstract provided.


Incorporating Fourth Amendment Standards In A Model Policy For School Officials Use Of Force To Restrain & Detain Students, Sean Croston Mar 2009

Incorporating Fourth Amendment Standards In A Model Policy For School Officials Use Of Force To Restrain & Detain Students, Sean Croston

Brigham Young University Education and Law Journal

No abstract provided.


Student Speech In Public Schools: A Comprehensive Analytical Framework Based On The Role Of Public Schools In Democratic Education, Curtis G. Bentley Mar 2009

Student Speech In Public Schools: A Comprehensive Analytical Framework Based On The Role Of Public Schools In Democratic Education, Curtis G. Bentley

Brigham Young University Education and Law Journal

No abstract provided.


Cooperative Federalism Post-Schaffer: The Burden Of Proof And Preemption In Special Education, Lara Gelbwasser Freed Mar 2009

Cooperative Federalism Post-Schaffer: The Burden Of Proof And Preemption In Special Education, Lara Gelbwasser Freed

Brigham Young University Education and Law Journal

No abstract provided.


Morals Clauses For Educators In Secondary And Postsecondary Schools: Legal Applications And Constitutional Concerns, Marka B. Fleming, Amanda Harmon-Cooley, Gwendolyn Mcfadden-Wade Mar 2009

Morals Clauses For Educators In Secondary And Postsecondary Schools: Legal Applications And Constitutional Concerns, Marka B. Fleming, Amanda Harmon-Cooley, Gwendolyn Mcfadden-Wade

Brigham Young University Education and Law Journal

No abstract provided.


Frontmatter Mar 2009

Frontmatter

Brigham Young University Journal of Public Law

No abstract provided.


Police Corruption Control In Hong Kong And New York City: A Dilemma Of Checks And Balances In Combating Corruption, Jinhua Cheng Mar 2009

Police Corruption Control In Hong Kong And New York City: A Dilemma Of Checks And Balances In Combating Corruption, Jinhua Cheng

Brigham Young University Journal of Public Law

No abstract provided.


An Opinion Without Standards: The Supreme Court's Refusal To Adopt A Standard Of Constitutional Review In District Of Columbia V. Heller Will Likely Cause Headaches For Future Judicial Review Of Gun-Control Regulations, Ryan L. Card Mar 2009

An Opinion Without Standards: The Supreme Court's Refusal To Adopt A Standard Of Constitutional Review In District Of Columbia V. Heller Will Likely Cause Headaches For Future Judicial Review Of Gun-Control Regulations, Ryan L. Card

Brigham Young University Journal of Public Law

No abstract provided.


Up In Smoke: Federal Preemption And Medicinal Marijuana Id Cards In County Of San Diego V. San Diego Norml, Douglas Farr Mar 2009

Up In Smoke: Federal Preemption And Medicinal Marijuana Id Cards In County Of San Diego V. San Diego Norml, Douglas Farr

Brigham Young University Journal of Public Law

No abstract provided.


The Rights Of Parentally-Placed Private School Students Under The Individuals With Disabilities Education Improvement Act Of 2004 And The Need For Legislative Reform, Lewis M. Wasserman Mar 2009

The Rights Of Parentally-Placed Private School Students Under The Individuals With Disabilities Education Improvement Act Of 2004 And The Need For Legislative Reform, Lewis M. Wasserman

Brigham Young University Education and Law Journal

No abstract provided.


By Reason Thereof: Causation And Eligibility Under The Individuals With Disabilites Education Act, Katherine May Mar 2009

By Reason Thereof: Causation And Eligibility Under The Individuals With Disabilites Education Act, Katherine May

Brigham Young University Education and Law Journal

No abstract provided.


Regulatory Takings: A Chronicle Of The Construction Of A Constitutional Concept, Garrett Power Mar 2009

Regulatory Takings: A Chronicle Of The Construction Of A Constitutional Concept, Garrett Power

Brigham Young University Journal of Public Law

No abstract provided.


Frontmatter Mar 2009

Frontmatter

Brigham Young University Education and Law Journal

No abstract provided.


Protecting The Party Girl: A New Approach For Evaluating Intoxicated Consent, Christine Chambers Goodman Mar 2009

Protecting The Party Girl: A New Approach For Evaluating Intoxicated Consent, Christine Chambers Goodman

BYU Law Review

No abstract provided.


American Civil Religion: An Idea Whose Time Is Past, Frederick Mark Gedicks Mar 2009

American Civil Religion: An Idea Whose Time Is Past, Frederick Mark Gedicks

Faculty Scholarship

From the founding of the United States, Americans have understood loyalty to their country as a religious and not just a civic commitment. The idea of a 'civil religion' that defines the collective identity of a nation originates with Rousseau, and was adapted to the United States Robert Bellah, who suggested that a peculiarly American civil religion has underwritten government and civil society in the United States.

Leaving aside the question whether civil religion has ever truly unified all or virtually all Americans, I argue that it excludes too many Americans to function as such a unifying force in the …


The Aftermath Of Crawford And Davis: Deconstructing The Sound Of Silence, Kimberly D. Bailey Mar 2009

The Aftermath Of Crawford And Davis: Deconstructing The Sound Of Silence, Kimberly D. Bailey

BYU Law Review

No abstract provided.


Reproducing Gender On Law School Faculties, Ann C. Mcginley Mar 2009

Reproducing Gender On Law School Faculties, Ann C. Mcginley

BYU Law Review

No abstract provided.


Preaching To The Court House And Judging In The Temple, Nathan B. Oman Mar 2009

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

BYU Law Review

No abstract provided.


The Sound Of Congressional Silence: Judicial Distortion Of The Legislative-Executive Balance Of Power, Matthew Baker Mar 2009

The Sound Of Congressional Silence: Judicial Distortion Of The Legislative-Executive Balance Of Power, Matthew Baker

BYU Law Review

No abstract provided.


Frontmatter Mar 2009

Frontmatter

BYU Law Review

No abstract provided.


Trovon Donta Ross V. State Of Utah : Brief Of Appellee, Utah Court Of Appeals Jan 2009

Trovon Donta Ross V. State Of Utah : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from an order denying a petition for post-conviction relief challenging a conviction for aggravated murder, a capital felony, in the Second Judicial District Court, Davis County, the Honorable Rodney S. Page presiding.