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Brigham Young University Law School

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The Effects Of Vouchers And Private Schools In Improving Academic Achievement: A Critique Of Advocacy Research, Christopher Lubienski, Peter Weitzel May 2008

The Effects Of Vouchers And Private Schools In Improving Academic Achievement: A Critique Of Advocacy Research, Christopher Lubienski, Peter Weitzel

BYU Law Review

No abstract provided.


The Civic Side Of School Choice: An Empirical Analysis Of Civic Education In Public And Private Schools, David E. Campbell May 2008

The Civic Side Of School Choice: An Empirical Analysis Of Civic Education In Public And Private Schools, David E. Campbell

BYU Law Review

No abstract provided.


Morality And Public School Speech: Balancing The Rights Of Students, Parents, And Communities, Peter J. Jenkins May 2008

Morality And Public School Speech: Balancing The Rights Of Students, Parents, And Communities, Peter J. Jenkins

BYU Law Review

No abstract provided.


The Parcel As A Whole: A Presumptive Structural Approach For Determining When The Government Has Gone Too Far, Keith Woffinden May 2008

The Parcel As A Whole: A Presumptive Structural Approach For Determining When The Government Has Gone Too Far, Keith Woffinden

BYU Law Review

No abstract provided.


Table Of Contents May 2008

Table Of Contents

BYU Law Review

No abstract provided.


Clark Memorandum: Spring 2008, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School Apr 2008

Clark Memorandum: Spring 2008, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School

The Clark Memorandum


Organizational Perspectives On Contracts, Gordon Smith, Brayden King Mar 2008

Organizational Perspectives On Contracts, Gordon Smith, Brayden King

Faculty Scholarship

Most written contracts are drafted by lawyers, but legal scholars rarely study contract documents, preferring instead to focus on the legal rules governing contracts. Despite this neglect on the part of the legal academy, empirical studies of contracts have become more common over the past decade. However, the range of questions addressed by these studies is narrow, inspired primarily by economic theories that focus on the role of contracts in mitigating various forms of advantage taking by contracting parties. We believe that legal scholars have something important to add to this scholarly discussion – namely a deep knowledge of contract …


Student Drug Testing: The Blinding Appeal Of In Loco Parentis And The Importance Of State Protection Of Student Privacy, Tony Lacroix Mar 2008

Student Drug Testing: The Blinding Appeal Of In Loco Parentis And The Importance Of State Protection Of Student Privacy, Tony Lacroix

Brigham Young University Education and Law Journal

No abstract provided.


Frontmatter Mar 2008

Frontmatter

Brigham Young University Education and Law Journal

No abstract provided.


The Pledge Of Allegiance In The Classroom And The Court: An Epic Struggle Over The Meaning Of The Establishment Clause Of The First Amendment, Brian Wheeler Mar 2008

The Pledge Of Allegiance In The Classroom And The Court: An Epic Struggle Over The Meaning Of The Establishment Clause Of The First Amendment, Brian Wheeler

Brigham Young University Education and Law Journal

No abstract provided.


Anti-Harassment Provisions Revisited: No Bright-Line Rule, Martha Mccarthy Mar 2008

Anti-Harassment Provisions Revisited: No Bright-Line Rule, Martha Mccarthy

Brigham Young University Education and Law Journal

No abstract provided.


The Comparative And Absolute Advantages Of Junior Law Faculty: Implications For Teaching And The Future Of American Law Schools, Gregory W. Bowman Mar 2008

The Comparative And Absolute Advantages Of Junior Law Faculty: Implications For Teaching And The Future Of American Law Schools, Gregory W. Bowman

Brigham Young University Education and Law Journal

No abstract provided.


Frontmatter Mar 2008

Frontmatter

Brigham Young University Education and Law Journal

No abstract provided.


The Paradox Of Legal Expertise: A Study Of Experts And Novices Reading The Law, Leah M. Christensen Mar 2008

The Paradox Of Legal Expertise: A Study Of Experts And Novices Reading The Law, Leah M. Christensen

Brigham Young University Education and Law Journal

No abstract provided.


Finding A Silver Lining: The Positive Impact Of Looking Beyond Race Amidst The Negative Effects Of Proposition 209, Ian Wang Mar 2008

Finding A Silver Lining: The Positive Impact Of Looking Beyond Race Amidst The Negative Effects Of Proposition 209, Ian Wang

Brigham Young University Education and Law Journal

No abstract provided.


The Court's Missed Opportunity In Harper V. Poway, Andrew Canter, Gabriel Pardo Mar 2008

The Court's Missed Opportunity In Harper V. Poway, Andrew Canter, Gabriel Pardo

Brigham Young University Education and Law Journal

No abstract provided.


Frontmatter Mar 2008

Frontmatter

Brigham Young University Journal of Public Law

No abstract provided.


Same-Sex Marriage And Taxes, Stephen T. Black Mar 2008

Same-Sex Marriage And Taxes, Stephen T. Black

Brigham Young University Journal of Public Law

No abstract provided.


The South African Civil Union Act 17 Of 2006: A Good Example Of The Dangers Of Rushing The Legislative Process, Bradley S. Smith, J. A. Robinson Mar 2008

The South African Civil Union Act 17 Of 2006: A Good Example Of The Dangers Of Rushing The Legislative Process, Bradley S. Smith, J. A. Robinson

Brigham Young University Journal of Public Law

No abstract provided.


A Response To The "Conservative Case" For Same-Sex Marriage: Same-Sex Marriage And "The Tragedy Of The Commons", Lynn D. Wardle Mar 2008

A Response To The "Conservative Case" For Same-Sex Marriage: Same-Sex Marriage And "The Tragedy Of The Commons", Lynn D. Wardle

Brigham Young University Journal of Public Law

After initially reporting on the status of the movement for same-sex marriage in the United States and around the world, this article reviews the five key claims of the "conservative case" for same-sex marriage ("we exist," stabilization, sexual taming, social gains, and no harm) and compares them to the seven core principles of conservatism (preservation, institutions, caution, experience, distrust, individualism, and morality). It finds that the claims for same-sex marriage are seriously deficient when measured against those conservative principles. It presents a conservative case against same-sex marriage both in terms of those key principles of conservatism as well by reference …


A Matter Of Conviction: Moral Clashes Over Same-Sex Adoption, Robin Fretwell Wilson Mar 2008

A Matter Of Conviction: Moral Clashes Over Same-Sex Adoption, Robin Fretwell Wilson

Brigham Young University Journal of Public Law

No abstract provided.


Cunningham V. California: The U.S. Supreme Court Painted Into A Corner, Jacob Strain Mar 2008

Cunningham V. California: The U.S. Supreme Court Painted Into A Corner, Jacob Strain

Brigham Young University Journal of Public Law

No abstract provided.


A Potential Lesson From The Israeli Experience For The American Same-Sex Marriage Debate, Shahar Lifshitz Mar 2008

A Potential Lesson From The Israeli Experience For The American Same-Sex Marriage Debate, Shahar Lifshitz

Brigham Young University Journal of Public Law

No abstract provided.


An Overview Of Recent Legal Developments In South Africa With Regard To The Position Of Lesbigay Parents And Children With Specific Reference To The Adoption Of Children, J. A. Robinson Mar 2008

An Overview Of Recent Legal Developments In South Africa With Regard To The Position Of Lesbigay Parents And Children With Specific Reference To The Adoption Of Children, J. A. Robinson

Brigham Young University Journal of Public Law

No abstract provided.


On Student Rights In The Year Of Brown: A Legal, Psychological, And Policy Analysis, A. J. Angulo, Carol Marchel Mar 2008

On Student Rights In The Year Of Brown: A Legal, Psychological, And Policy Analysis, A. J. Angulo, Carol Marchel

Brigham Young University Education and Law Journal

No abstract provided.


Student Speech: School Boards, Gay/Straight Alliances, And The Equal Access Act, Todd A. Demitchell, Richard Fossey Mar 2008

Student Speech: School Boards, Gay/Straight Alliances, And The Equal Access Act, Todd A. Demitchell, Richard Fossey

Brigham Young University Education and Law Journal

No abstract provided.


Internet Search And Seizure In United States V. Forrester: New Problems In The New Age Of Pen Registers, Deborah Buckner Mar 2008

Internet Search And Seizure In United States V. Forrester: New Problems In The New Age Of Pen Registers, Deborah Buckner

Brigham Young University Journal of Public Law

No abstract provided.


The Endurance Of Biological Connection: Heteronormativity, Same-Sex Parenting And The Lessons Of Adoption, Annette R. Appell Mar 2008

The Endurance Of Biological Connection: Heteronormativity, Same-Sex Parenting And The Lessons Of Adoption, Annette R. Appell

Brigham Young University Journal of Public Law

No abstract provided.


Virtual Consumption: A Second Life For Earth?, Albert C. Lin Mar 2008

Virtual Consumption: A Second Life For Earth?, Albert C. Lin

BYU Law Review

No abstract provided.


Ball On A Needle: Hein V. Freedom From Religion Foundation, Inc. And The Future Of Establishment Clause Adjudication, Ira C. Lupu, Robert W. Tuttle Mar 2008

Ball On A Needle: Hein V. Freedom From Religion Foundation, Inc. And The Future Of Establishment Clause Adjudication, Ira C. Lupu, Robert W. Tuttle

BYU Law Review

No abstract provided.