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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.


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.


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.


Distilling Ashcroft: The Ninth Circuit’S Application Of National Community Standards To Internet Obscenity In United States V. Kilbride, Eric B. Ashcroft Mar 2011

Distilling Ashcroft: The Ninth Circuit’S Application Of National Community Standards To Internet Obscenity In United States V. Kilbride, Eric B. Ashcroft

BYU Law Review

No abstract provided.


Replacing Context For Plain Meaning In United States V. Cox Nov 2010

Replacing Context For Plain Meaning In United States V. Cox

BYU Law Review

No abstract provided.


Unraveling Lawrence's Concerns About Legislated Morality: The Constitutionality Of Laws Criminalizing The Sale Of Obscene Devices, Nathan R. Curtis Nov 2010

Unraveling Lawrence's Concerns About Legislated Morality: The Constitutionality Of Laws Criminalizing The Sale Of Obscene Devices, Nathan R. Curtis

BYU Law Review

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.


Is A Strip Club More Harmful Than A Dirty Bookstore? Navigating A Circuit Split In Municipal Regulation Of Sexually Oriented Businesses, Brigman L. Harman Dec 2008

Is A Strip Club More Harmful Than A Dirty Bookstore? Navigating A Circuit Split In Municipal Regulation Of Sexually Oriented Businesses, Brigman L. Harman

BYU Law Review

No abstract provided.


Introduction To The 2007 Byu Law Review Symposium: Warning! Kids Online: Pornography, Free Speech, And Technology, Cheryl B. Preston Dec 2007

Introduction To The 2007 Byu Law Review Symposium: Warning! Kids Online: Pornography, Free Speech, And Technology, Cheryl B. Preston

BYU Law Review

No abstract provided.


Zoning The Internet: A New Approach To Protecting Children Online, Cheryl B. Preston Dec 2007

Zoning The Internet: A New Approach To Protecting Children Online, Cheryl B. Preston

BYU Law Review

This Article considers how Internet architecture can be harnessed to create an online environment where government regulation of material harmful to minors can be effective but not unreasonably burdensome. It proposes a solution that engages technology in refocusing the point of regulation, thereby reducing the burden on speech and increasing the ability to achieve constitutionally recognized governmental objectives. This Article briefly examines failed congressional attempts to restrict children's access to sexually explicit content online, and then introduces the Internet Community Ports Concept, which relies on channeling technology to divide kinds of content among various Internet ports. After briefly outlining the …


Making Family-Friendly Internet A Reality: The Internet Community Ports Act, Dawn C. Nunziato Dec 2007

Making Family-Friendly Internet A Reality: The Internet Community Ports Act, Dawn C. Nunziato

BYU Law Review

No abstract provided.


Regulating Internet Pornography Aimed At Children: A Comparative Constitutional Perspective On Passing The Camel Through The Needle's Eye, Kevin W. Saunders Dec 2007

Regulating Internet Pornography Aimed At Children: A Comparative Constitutional Perspective On Passing The Camel Through The Needle's Eye, Kevin W. Saunders

BYU Law Review

No abstract provided.


A New First Amendment Model For Evaluating Content-Based Regulation Ofinternet Pornography: Revising The Strict Scrutiny Model To Better Reflect The Realities Of The Modern Media Age, Mark S. Kende Dec 2007

A New First Amendment Model For Evaluating Content-Based Regulation Ofinternet Pornography: Revising The Strict Scrutiny Model To Better Reflect The Realities Of The Modern Media Age, Mark S. Kende

BYU Law Review

No abstract provided.


Technology And Pornography, Arnold H. Loewy Dec 2007

Technology And Pornography, Arnold H. Loewy

BYU Law Review

No abstract provided.


Www.Sam·S_Stationery_And_Luncheonette.Com: Bringing Ginsberg V. New York Into The Internet Age, John Fee Dec 2007

Www.Sam·S_Stationery_And_Luncheonette.Com: Bringing Ginsberg V. New York Into The Internet Age, John Fee

BYU Law Review

No abstract provided.


Obscenity And The World Wide Web, John E. Fee Dec 2007

Obscenity And The World Wide Web, John E. Fee

BYU Law Review

No abstract provided.


Religious Groups And The Gay Rights Movement: Recognizing Common Ground, J. Brady Brammer Nov 2006

Religious Groups And The Gay Rights Movement: Recognizing Common Ground, J. Brady Brammer

BYU Law Review

No abstract provided.


Continuing The Lord's Work And Healing His People: A Reply To Professors Lupu And Tuttle, Mark E. Chopko Dec 2004

Continuing The Lord's Work And Healing His People: A Reply To Professors Lupu And Tuttle, Mark E. Chopko

BYU Law Review

No abstract provided.


Sexual Misconduct And Ecclesiastical Immunity, Ira C. Lupu, Robert W. Tuttle Dec 2004

Sexual Misconduct And Ecclesiastical Immunity, Ira C. Lupu, Robert W. Tuttle

BYU Law Review

No abstract provided.


Separation, Neutrality, And Clergy Liability For Sexual Misconduct, William P. Marshall Dec 2004

Separation, Neutrality, And Clergy Liability For Sexual Misconduct, William P. Marshall

BYU Law Review

No abstract provided.


An Itty· Bitty Immunity And Its Consequences For The Church Of Jesus Christ Of Latter·Day Saints: A Response To Professors Lupu And Tuttle, Cheryl B. Preston Dec 2004

An Itty· Bitty Immunity And Its Consequences For The Church Of Jesus Christ Of Latter·Day Saints: A Response To Professors Lupu And Tuttle, Cheryl B. Preston

BYU Law Review

No abstract provided.


Young V. Bayer Corp.: When Is Notice Of Sexual Harassment To An Employee Notice To The Employer?, Stanford Edward Purser May 1998

Young V. Bayer Corp.: When Is Notice Of Sexual Harassment To An Employee Notice To The Employer?, Stanford Edward Purser

BYU Law Review

No abstract provided.