Open Access. Powered by Scholars. Published by Universities.®
- Publication Year
Articles 1 - 30 of 91
Full-Text Articles in Law
Preventing Perpetrators Of Sexual Misconduct From Circulation In The International Development And Humanitarian Assistance Sectors, Susan Keller Pascocello
Preventing Perpetrators Of Sexual Misconduct From Circulation In The International Development And Humanitarian Assistance Sectors, Susan Keller Pascocello
BYU Law Review
No abstract provided.
Time’S Up: Schools Need To Teach Students About Sexual Harassment, Alyssa Nielsen
Time’S Up: Schools Need To Teach Students About Sexual Harassment, Alyssa Nielsen
BYU Law Review
No abstract provided.
In Defense Of Immutability, Nicholas Serafin
In Defense Of Immutability, Nicholas Serafin
BYU Law Review
Over the last forty years, the concept of immutability has been central to Equal Protection doctrine. According to current doctrine, a trait is immutable if it is beyond the power of an individual to change or if it is fundamental to personal identity. A trait that meets either of these criteria receives heightened legal protection under constitutional antidiscrimination law. Yet most legal scholars who have addressed the topic have called for the abandonment of the immutability criterion on the grounds that the immutability criterion is conceptually confused, morally indefensible, and bound to stigmatize subordinate groups.
A rejection of the immutability …
Anti-Gay Discrimination,“Conscience Exemptions,” And The Racism Analogy: A Reply To Professor Koppelman, Shannon Gilreath
Anti-Gay Discrimination,“Conscience Exemptions,” And The Racism Analogy: A Reply To Professor Koppelman, Shannon Gilreath
BYU Law Review
No abstract provided.
In The Court Of Koppelman: Motion For Reconsideration, James M. Oleske Jr.
In The Court Of Koppelman: Motion For Reconsideration, James M. Oleske Jr.
BYU Law Review
No abstract provided.
Gay Rights, Religious Liberty, And The Misleading Racism Analogy, Andrew Koppelman
Gay Rights, Religious Liberty, And The Misleading Racism Analogy, Andrew Koppelman
BYU Law Review
No abstract provided.
The Broader Implications Of Masterpiece Cakeshop, Douglas Laycock
The Broader Implications Of Masterpiece Cakeshop, Douglas Laycock
BYU Law Review
No abstract provided.
Changing The Narrative: Sex Trafficking And Its Victims, Danica Baird
Changing The Narrative: Sex Trafficking And Its Victims, Danica Baird
Brigham Young University Journal of Public Law
No abstract provided.
A Reflection On The Recent Nigerian Legislation Against Same Sex Marriage Vis-À-Vis Rising Gay Activism In The Western World, Stephen L. West
A Reflection On The Recent Nigerian Legislation Against Same Sex Marriage Vis-À-Vis Rising Gay Activism In The Western World, Stephen L. West
Brigham Young University Journal of Public Law
The Same Sex Marriage (Prohibition) Act recently enacted by Nigeria criminalizes marriage or civil union between persons of the same sex; solemnization of same sex marriage or civil union or witnessing, aiding or abetting the same; registration, operation, membership or support of gay clubs; pub lic show of same sex amorous relationship and related matters. Each of these offences attracts a long term of imprisonment. The Act was enacted in bold defiance of threats of economic and political sanctions by the Western powers against any developing cou ntry that enacts anti - gay legislation. This paper analyzes the Act against …
A Reflection On The Recent Nigerian Legislation Against Same Sex Marriage Vis-À-Vis Rising Gay Activism In The Western World, Larry O. C. Chukwu
A Reflection On The Recent Nigerian Legislation Against Same Sex Marriage Vis-À-Vis Rising Gay Activism In The Western World, Larry O. C. Chukwu
Brigham Young University Journal of Public Law
The Same Sex Marriage (Prohibition) Act recently enacted by Nigeria criminalizes marriage or civil union between persons of the same sex; solemnization of same sex marriage or civil union or witnessing, aiding or abetting the same; registration, operation, membership or support of gay clubs; pub lic show of same sex amorous relationship and related matters. Each of these offences attracts a long term of imprisonment. The Act was enacted in bold defiance of threats of economic and political sanctions by the Western powers against any developing cou ntry that enacts anti - gay legislation. This paper analyzes the Act against …
Off-Campus Sexually Harassing Expression: What Legal Standard Applies?, Martha Mccarthy
Off-Campus Sexually Harassing Expression: What Legal Standard Applies?, Martha Mccarthy
Brigham Young University Education and Law Journal
No abstract provided.
Sexual Orientation Change Efforts, Professional Psychology, And The Law: A Brief History And Analysis Of A Therapeutic Prohibition, Christopher H. Rosik
Sexual Orientation Change Efforts, Professional Psychology, And The Law: A Brief History And Analysis Of A Therapeutic Prohibition, Christopher H. Rosik
Brigham Young University Journal of Public Law
No abstract provided.
Rethinking Religious Exemptions From Title Ix After Obergefell, Cara Duchene
Rethinking Religious Exemptions From Title Ix After Obergefell, Cara Duchene
Brigham Young University Education and Law Journal
No abstract provided.
Addressing Conflicts Of Interest In The Context Of Campus Sexual Violence, Talcott J. Franklin, Dennis C. Taylor, Ann Beytagh
Addressing Conflicts Of Interest In The Context Of Campus Sexual Violence, Talcott J. Franklin, Dennis C. Taylor, Ann Beytagh
Brigham Young University Education and Law Journal
No abstract provided.
The Evolution Of Family Law: Changing The Rules Or Changing The Game, Carlos Martinez De Aguirre
The Evolution Of Family Law: Changing The Rules Or Changing The Game, Carlos Martinez De Aguirre
Brigham Young University Journal of Public Law
No abstract provided.
The Development Of The Issue Of Same-Sex Couples Under Israeli Law, Yitshak Cohen
The Development Of The Issue Of Same-Sex Couples Under Israeli Law, Yitshak Cohen
Brigham Young University Journal of Public Law
No abstract provided.
Regulating Marriage In A New Environment, Carmen Garcimartin
Regulating Marriage In A New Environment, Carmen Garcimartin
Brigham Young University Journal of Public Law
No abstract provided.
The Impact Of Obergefell: Traditional Marriage's New Lease On Life, David Pimentel
The Impact Of Obergefell: Traditional Marriage's New Lease On Life, David Pimentel
Brigham Young University Journal of Public Law
No abstract provided.
Assessing The History Of Exaggerated Estimates Of The Number Of Children Being Raised By Same-Sex Parents As Reported In Both Legal And Social Science Sources, Walter R. Schumm, Martin Seay, Keondria Mcclish, Keisha Clark, Abdulla Asiri, Nadyah Abdullah, Shuyi Huang
Assessing The History Of Exaggerated Estimates Of The Number Of Children Being Raised By Same-Sex Parents As Reported In Both Legal And Social Science Sources, Walter R. Schumm, Martin Seay, Keondria Mcclish, Keisha Clark, Abdulla Asiri, Nadyah Abdullah, Shuyi Huang
Brigham Young University Journal of Public Law
No abstract provided.
An International Perspective On Same-Sex Marriage Post Obergefell (And Some Thoughts On Legal Positivism As A Means Of Reconciliation): The Israeli Case, Avishalom Westreich
An International Perspective On Same-Sex Marriage Post Obergefell (And Some Thoughts On Legal Positivism As A Means Of Reconciliation): The Israeli Case, Avishalom Westreich
Brigham Young University Journal of Public Law
No abstract provided.
Religious Freedom In Faith Based Educational Institutions In The Wake Of Obergefell V. Hodges: Believers Beware, Charles J. Russo
Religious Freedom In Faith Based Educational Institutions In The Wake Of Obergefell V. Hodges: Believers Beware, Charles J. Russo
Brigham Young University Education and Law Journal
No abstract provided.
The State Of The States: The Continuing Struggle To Criminalize Revenge Porn, Justin Pitcher
The State Of The States: The Continuing Struggle To Criminalize Revenge Porn, Justin Pitcher
BYU Law Review
No abstract provided.
Religious Associational Rights And Sexual Conduct In South Africa: Towards The Furtherance Of The Accommodation Of A Diversity Of Beliefs, Shaun De Freitas
Religious Associational Rights And Sexual Conduct In South Africa: Towards The Furtherance Of The Accommodation Of A Diversity Of Beliefs, Shaun De Freitas
BYU Law Review
No abstract provided.
“. . . 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.
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 …
Punishing Pimps And Johns: Sex-Trafficking And Utah's Laws, Michelle Jeffs
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 …
Not Lol: Legal Issues Encountered During One High School's Response To Sexting, R. Stewart Mayers Ph.D., Mike F. Desiderio Ph.D.
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.
Moral Mandate Or Personal Preference? Possible Avenues For Accommodation Of Civil Servants Morally Opposed To Facilitating Same-Sex Marriage, Matthew Chandler
Moral Mandate Or Personal Preference? Possible Avenues For Accommodation Of Civil Servants Morally Opposed To Facilitating Same-Sex Marriage, Matthew Chandler
BYU Law Review
No abstract provided.
Helping Students Who Can't Help Themselves: Special Education And The Deliberate Indifference Standard For Title Ix Peer Sexual Harassment, Annette Thacker
Helping Students Who Can't Help Themselves: Special Education And The Deliberate Indifference Standard For Title Ix Peer Sexual Harassment, Annette Thacker
Brigham Young University Education and Law Journal
No abstract provided.
Same-Sex Marriage And The Schools: Potential Impact On Children Via Sexuality Education, A. Dean Byrd
Same-Sex Marriage And The Schools: Potential Impact On Children Via Sexuality Education, A. Dean Byrd
Brigham Young University Education and Law Journal
No abstract provided.