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Full-Text Articles in Law

Preventing Perpetrators Of Sexual Misconduct From Circulation In The International Development And Humanitarian Assistance Sectors, Susan Keller Pascocello Apr 2021

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 Mar 2021

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 Nov 2020

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 Sep 2020

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. Sep 2020

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 Sep 2020

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 Sep 2019

The Broader Implications Of Masterpiece Cakeshop, Douglas Laycock

BYU Law Review

No abstract provided.


Changing The Narrative: Sex Trafficking And Its Victims, Danica Baird Aug 2019

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, Larry O. C. Chukwu Sep 2018

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 …


A Reflection On The Recent Nigerian Legislation Against Same Sex Marriage Vis-À-Vis Rising Gay Activism In The Western World, Stephen L. West Sep 2018

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 …


Off-Campus Sexually Harassing Expression: What Legal Standard Applies?, Martha Mccarthy Feb 2018

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 Nov 2017

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 Jun 2017

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 Apr 2017

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 Nov 2016

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 Nov 2016

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 Nov 2016

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 Nov 2016

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 Nov 2016

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 Nov 2016

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 Jun 2016

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 Nov 2015

The State Of The States: The Continuing Struggle To Criminalize Revenge Porn, Justin Pitcher

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 Jan 2014

“. . . 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.


Religious Associational Rights And Sexual Conduct In South Africa: Towards The Furtherance Of The Accommodation Of A Diversity Of Beliefs, Shaun De Freitas Jan 2014

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.


The Categorical Distinction Between Adolescents And Adults: The Supreme Court's Juvenile Punishment Cases—Constitutional Implications For Regulating Teenage Sexual Activity, Martin R. Gardner Jul 2013

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 Jul 2013

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. 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.


Moral Mandate Or Personal Preference? Possible Avenues For Accommodation Of Civil Servants Morally Opposed To Facilitating Same-Sex Marriage, Matthew Chandler Dec 2011

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 Mar 2011

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 Mar 2011

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.