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Articles 1 - 27 of 27
Full-Text Articles in Law
Is There A Federal Right To A Minimum Education?, Martha Mccarthy
Is There A Federal Right To A Minimum Education?, Martha Mccarthy
BYU Education & Law Journal
This article first reviews the Sixth Circuit panel decision, settlement agreement, and en banc appellate court action. Then, it explores related recent cases that also address a constitutional right to some level of education. The final section analyzes the viability of arguments asserting a federal right to access to a minimum education under the Fourteenth Amendment and implications of establishing such a federal right.
Who, What, Why & How: Reimagining State Constitutional Analysis In School Finance Litigation, William Thro
Who, What, Why & How: Reimagining State Constitutional Analysis In School Finance Litigation, William Thro
BYU Education & Law Journal
Despite the Supreme Court’s recognition of the importance of public education, America’s public schools remain ravaged by “savage inequalities”which lead to failure of the public schools.Because every State, except Hawaii, partially finances local public schools through local property taxes and because there are differences in the value of real property, there are vast disparities in available funding for local school districts. While every State Constitution requires the State Legislature to establish a public school system and while the State Legislatures have enacted a variety of statutes in an attempt to meet the state constitutional obligations, virtually every State has seen …
Race-Conscious Admissions Policies In American Institutions Of Higher Education: How Students For Fair Admissions V. Harvard Could Impact The Practice Of Affirmative Action, Christine Kiracofe
Race-Conscious Admissions Policies In American Institutions Of Higher Education: How Students For Fair Admissions V. Harvard Could Impact The Practice Of Affirmative Action, Christine Kiracofe
BYU Education & Law Journal
Since inception, affirmative action programs have been char-acterized as everything from institutional ‘reverse’ racism, to neces-sary plans that seek to ameliorate decades of racism. Data from the Pew Research Center indicates that a large majority of Americans support affirmative action. When asked whether “[a]ffirmative ac-tion programs designed to increase the number of black and minori-ty students on college campus are. . . good or bad,” 71% of respond-ents answered “good” in 2017.16 This is a significant increase in the percentage of Americans responding favorably to affirmative action programs. In comparison, when Americans were asked the same question in 2003, just …
Patterns Of Provision Of One On One Aides In Due Process Hearings: A National Sample, Joel K. Perkins, Michael Owens, Scott Ferrin, Gordon Gibb, Vance Randall
Patterns Of Provision Of One On One Aides In Due Process Hearings: A National Sample, Joel K. Perkins, Michael Owens, Scott Ferrin, Gordon Gibb, Vance Randall
BYU Education & Law Journal
In decisions regarding services for a student classified with a
disability under the Individuals with Disabilities Education Improvement
Act (IDEIA), one of the most impactful choices for an IEP
team or local education agency is whether a student should receive a
one-on-one aide to enhance the least restrictive environment. Many
parents seek such services for their children, while many education
agencies resist, claiming that that one-on-one aides are not appropriate
for a particular student and in fact may not actually provide
the least restrictive environment for the student as established under
the IDEA.
This study examined patterns of legal provision …
Sexual Education As A Form Of Sexual Assault Prevention: A Survey Of Sexual Education Among States With The Highest And Lowest Rates Of Rape, Brittney Herman
Sexual Education As A Form Of Sexual Assault Prevention: A Survey Of Sexual Education Among States With The Highest And Lowest Rates Of Rape, Brittney Herman
BYU Education & Law Journal
Our Nation overwhelmingly supports sexual education in public
schools. A study by Siecus found that 98% of people surveyed support
sexual education in public high schools and 89% in public middle
schools. Unfortunately for some students, they will receive no sexual
education of very limited, ineffective sexual education, simply because
of where they live. Even if a student is fortunate to live in an
area which has or requires sexual education, this education may be
insufficient.
There have been countless advocates for sexual education.
With the rise of each new sexual education concern, advocates emerge
as if in waves. Most …
Administering Medical Marijuana At School In Colorado: A Legal Analysis, Spencer C. Weiler, Philip Westbrook
Administering Medical Marijuana At School In Colorado: A Legal Analysis, Spencer C. Weiler, Philip Westbrook
BYU Education & Law Journal
The topic of this legal analysis is the administration of medical
marijuana to students attending Colorado K-12 public schools.
Colorado has been a pioneer in legalizing the use of marijuana. Beginning
in the year 2000, Colorado voters approved Amendment 20
legalizing the use of marijuana for medical purposes. This law specifically
allows minors to receive a prescription for medical marijuana
under certain conditions. An unintended consequence of this law
is that minors meeting its requirements are requesting, along with
their caregivers and physicians, to have marijuana-based medication
administered to them at schools. The purpose of this legal analysis
is to …
Being A Good College Student: The History Of Good Moral Character Rules In State Financial Aid Programs, 1850 To Now, Bradley Custer
Being A Good College Student: The History Of Good Moral Character Rules In State Financial Aid Programs, 1850 To Now, Bradley Custer
BYU Education & Law Journal
Federal and state governments regulate the character of
their residents as a condition of immigration, employment, social
services, and beyond. At the state level, “good moral character”
rules have been analyzed in depth for decades, mostly as they pertain
to admission to the bar and other licensed professions. Character
requirements also affect the ability of college students to get
state-funded financial aid, but these policies have received no scholarly
analysis. According to this study’s findings, there have been at
least 50 state financial aid grant programs with character rules,
which begs the question: what does it mean to be a …
New Policies Give Solar Users An Economic Boost, Olivia Fowler
New Policies Give Solar Users An Economic Boost, Olivia Fowler
Marriott Student Review
The future looks bright for Solar Energy, as more States and Territories in the United States commit to moving to 100% renewable energy. What are the different states and territories committing to exactly, and what economic incentives are they bringing? Find out in this article by author Olivia Fowley.
Business Ethics: Co-Opting Macro-Influences For Corporate Success, Aaron Loertscher
Business Ethics: Co-Opting Macro-Influences For Corporate Success, Aaron Loertscher
Marriott Student Review
Business ethics matter. Businesses can and should mitigate the macro-influences that their employees face to promote high ethical values which will in turn maximize shareholder value.
Prosecuting Human Trafficking In The Wake Of Epstein: A Proposal For The Implementation Of Aggravated Human Trafficking Statutes, Katherine F. Erickson, Lynette A. Dalley
Prosecuting Human Trafficking In The Wake Of Epstein: A Proposal For The Implementation Of Aggravated Human Trafficking Statutes, Katherine F. Erickson, Lynette A. Dalley
Brigham Young University Prelaw Review
In June of 2008, Jeffrey Epstein plead guilty in a Florida court on
two counts of felony prostitution for nonconsensual sex acts against
two girls under eighteen. Evidence showed, however, that the true
scope of his crime encompassed dozens of underage girls. He
was sentenced to eighteen months in jail but ended up only serving
thirteen. Because of the terms of his prison sentence, Epstein
was allowed to leave the jail during the day for work release.
Underlying Racism Within The Opioid Epidemic, Hannah L.A.S. Wilson
Underlying Racism Within The Opioid Epidemic, Hannah L.A.S. Wilson
Brigham Young University Prelaw Review
Within the past century, the United States attempted different legal
avenues to address drug abuse. Some of these efforts made access
to drugs punishable and illegal. Others encouraged research to look
at underlying issues of drug abuse and implement those findings.
Within the past fifty years, these laws tended to treat drug addicts
as criminals instead of as persons suffering from a health crisis.
According to the FBI and Uniform Crime Reports, from the 1980’s
to the 2000’s, drug arrests rose by 1.5 million per year, while drug
usage rates stayed the same.3 The severe increase in the criminalization
and …
Realigning Federal Statutes: Contradictions Between The Federal Arbitration Act And The National Labor Relations Act, Denise Han
Brigham Young University Prelaw Review
Christopher Steele and Brendan Leveron were employees at a private
maintenance company named Pinnacle. Both Steele and Leveron
reported that Pinnacle allegedly forced them to work overtime without
just compensation—an allegation that, if proven valid, would
violate the Fair Labor Standards Act and California state law. They
also claimed that Pinnacle was guilty of unfair business practices,
retaliation and whistleblowing violations, and a failure to account.
Soon after Steele and Leveron filed these allegations, they discovered
that their predicament was not unique across the firm. In 2012,
they decided to represent their fellow employees in a class-action suit
which so …
Disaggregation & Diversity: A Case For Race Conscious Admissions, Connor Oniki
Disaggregation & Diversity: A Case For Race Conscious Admissions, Connor Oniki
Brigham Young University Prelaw Review
Since its founding, people all over the world have looked towards
America as a land of opportunity. Immigrants viewed it as a place
for fresh starts, new beginnings, and equal chances. However, for
centuries, concrete and subtle barriers have slowed the opportunity
for progress for those who are not in the majority. Throughout America’s
beginnings, lawmakers legalized segregation and discrimination
throughout the country multiple times. The Chinese Exclusion
Act prevented Asian Americans from immigrating to the United
States to pursue opportunities. Jim Crow laws enforced racial segregation
and ensured that though African Americans were no longer
enslaved, they did not …
Evaluating The Classification Of Gender Confirmation Surgery As A Medical Necessity For Inmates, Alexis J. Watson
Evaluating The Classification Of Gender Confirmation Surgery As A Medical Necessity For Inmates, Alexis J. Watson
Brigham Young University Prelaw Review
In 2012, Mason Edmo pleaded guilty to the sexual abuse of a fifteenyear-
old boy and was sentenced to ten years in prison. While in
prison, Edmo announced that she identified as a female and changed
her name to Adree. Edmo went on to request gender confirmation
surgery (also known as “sex reassignment surgery”) while still in
prison. Initially, Edmo was not granted the surgery by the Idaho
Department of Corrections, and went on to self-harm and attempt
self-castration twice. In 2017, Edmo filed suit against the Idaho State
Department of Corrections (IDOC) and won. The IDOC disagreed
with the …
Eliminating Mandatory Minimum Sentences: Putting Sentencing Power Back In The Hands Of The Judiciary, Hunter Anderson, Joseph Dummar
Eliminating Mandatory Minimum Sentences: Putting Sentencing Power Back In The Hands Of The Judiciary, Hunter Anderson, Joseph Dummar
Brigham Young University Prelaw Review
Ron Miller had been a general manager of a company for twentyfour
years with no criminal record when his best friend asked
him to allow a shipment of drugs to be delivered to his company’s
address. Ron reluctantly agreed to help his friend, who was desperate
for money. Before the drugs arrived, Ron backed out and asked
his friend not to send the drugs, but by that point the shipment had
already been made. The police tracked the shipment to Ron and
arrested him. Even though Ron never knew the type nor the quantity
of drug that was delivered to …
Editor In Chief And Managing Editor's Note
Editor In Chief And Managing Editor's Note
Brigham Young University Prelaw Review
No abstract provided.
Flunked Out: A Comparative Look At State Educational Code, Title Vi Of The Civil Rights Act, And Slavery Education, Emory French-Folsom, Maryn Rolfson
Flunked Out: A Comparative Look At State Educational Code, Title Vi Of The Civil Rights Act, And Slavery Education, Emory French-Folsom, Maryn Rolfson
Brigham Young University Prelaw Review
In 2017, a mock slave auction was held in a 5th grade classroom at
South Orange Elementary School in New Jersey, which included the
‘sale’ of a black child by white students. A few weeks after this incident,
students from another elementary school in the same district
made posters advertising the sale of African American slaves, which
were displayed in school hallways. Wisconsin 4th graders in 2018
were given a homework assignment which asked them to explain
“three good reasons for slavery.”
Alimony: The Taxing Economic Implications Of Divorce, Jared Mason, Amaia Kennedy
Alimony: The Taxing Economic Implications Of Divorce, Jared Mason, Amaia Kennedy
Brigham Young University Prelaw Review
In 2017 alone, over 750,000 American couples chose to divorce3.
Nationally, fifty percent of marriages end in divorce, with each of
these marriages lasting eight years, on average. Put another way,
a divorce occurs every 13 seconds, and each of those divorces is
expensive, with an average cost of approximately $15,000 per person.
Evolving Standards Of Decency: A View Of 8th Amendment Jurisprudence And The Death Penalty, Jared Lockhart, Madeline Hill
Evolving Standards Of Decency: A View Of 8th Amendment Jurisprudence And The Death Penalty, Jared Lockhart, Madeline Hill
Brigham Young University Prelaw Review
In July 1997, Kenneth Foster was indicted on capital murder charges
and sentenced to death even though he had only committed robbery.
3 On August 14, 1996, Kenneth Foster and his friends, Mauriceo
Brown, DeWayne Dillard, and Julius Steen, rented a car and
drove to downtown San Antonio, Texas. Later that night, Brown
suggested that the men rob a few people in order to make up for the
money they had lost while partying. After their second robbery that
evening, Foster did not want to continue breaking the law, according
to Dillard’s courtroom testimony four years later. Dismissing
his request, …
Stretching The Law: The Application Of Public Nuisance To The Opioid Epidemic, Lindsay Manning, Hannah L. Thompson
Stretching The Law: The Application Of Public Nuisance To The Opioid Epidemic, Lindsay Manning, Hannah L. Thompson
Brigham Young University Prelaw Review
Opioid use in the United States increased five-fold in the last decade.
Every day ninety Americans die from drug abuse overdose. Is it
illegal opioid trafficking, or is it a problem within the medical profession?
Recent litigation strategies, like those used in the recent
landmark case of Oklahoma v. Johnson and Johnson, show that opioid
production and distribution are being linked to fueling the opioid
epidemic. Oklahoma is just one of the states that have concluded that
Johnson and Johnson, a large pharmaceutical company, is “overstating”
the efficiency of opioids and “understating” the harmful effects
of these drugs. Consequently, litigation …
Narrow, Narrower, Narrowest: Appropriate Force Majeure Specificity, Tayzlie T. Haack, Max A. Esplin
Narrow, Narrower, Narrowest: Appropriate Force Majeure Specificity, Tayzlie T. Haack, Max A. Esplin
Brigham Young University Prelaw Review
Imagine you are the owner of a small construction company and
are contracted to build a large office building. As is customary, you
signed a contract agreeing to complete the building by a specific
deadline for a set amount of money. Included is a brief force majeure
clause, which allows you to be relieved of the contract in the case of
“unforeseeable circumstances” that might prevent completion of the
project. During construction, heavy tariffs affect your main suppliers,
exponentially increasing the projected cost of completing the
project. Your company cannot afford the supplies necessary to complete
the building, and you …
The Census, Citizenship, And Improved Legislation: A Constitutional Compromise, Kaitlyn A. Marquis
The Census, Citizenship, And Improved Legislation: A Constitutional Compromise, Kaitlyn A. Marquis
Brigham Young University Prelaw Review
Why should the census avoid asking a question concerning citizenship?
Are there alternatives in providing information to aid government
functions while still protecting the rights of residents? In
early 2019, the Trump administration requested that the 2020 census
include an inquiry concerning the citizenship status of residents, for
claimed reasons of better legislation (i.e. the allocation of government
funds to the states and the drawing of electoral districts). The
Supreme Court considered this issue in Dept. of Commerce v. New
York. In sum, their opinion was, “not yet.” The Supreme Court did
not definitively conclude that it was unconstitutional to …
Law And Policy Impacts On Teacher Attrition In Public Education: Data Suggesting A New Focus Beyond The Silver Bullets Of Targeted Stem And Other Salary Increases, Joseph Hanks, Scott E. Ferrin, Randall S. Davies, Steven S. Christensen, Scott P. Harris, W. Bryan Bowles
Law And Policy Impacts On Teacher Attrition In Public Education: Data Suggesting A New Focus Beyond The Silver Bullets Of Targeted Stem And Other Salary Increases, Joseph Hanks, Scott E. Ferrin, Randall S. Davies, Steven S. Christensen, Scott P. Harris, W. Bryan Bowles
BYU Education & Law Journal
Most current legislative and policy efforts to combat teacher shortages in public schools in the U.S. focus on raising teacher salaries, or on incentivizing certain key subject matters in the sciences and math, known as Science, Technology and Math (STEM) initiatives. The ostensible purpose of these legislative and policy efforts is to increase induction and subsequent retention of highly qualified teachers who will then impact educational attainment of students. The major tool used has been salary incentives for new teachers or salary augmentation for existing teachers in certain subject matters. This research investigates teacher perceptions on factors that impact their …
Covid Closing Down Colleges: How The Covid-19 Pandemic Accelerated Nonprofit College Closings, Patrick Baker, Paula Hearn Moore, Kaleb Byars, Christie Aden
Covid Closing Down Colleges: How The Covid-19 Pandemic Accelerated Nonprofit College Closings, Patrick Baker, Paula Hearn Moore, Kaleb Byars, Christie Aden
BYU Education & Law Journal
Private nonprofit colleges have experienced an increasing amount of financial pressure over time, making it arduous to survive. Internal and external factors such as geographical challenges, lack of economies of scale, and unchecked board mismanagement have historically led to the closures. COVID-19 is accelerating the rate of these college closures. Diminishing enrollment, volatile endowments, and inoperable revenue programs are some of the reverberations the virus has caused.
Preventative measures need to exist to alleviate the risks of unforeseen crises in the future. Harsher penalties, increased scrutiny of automatic extensions, and more accurate and complete Form 990 disclosures will protect stakeholders …
Baby Suffragettes: Girls In The Woman's Suffrage Movement Across The Atlantic, Mckenzi Christensen
Baby Suffragettes: Girls In The Woman's Suffrage Movement Across The Atlantic, Mckenzi Christensen
AWE (A Woman’s Experience)
No abstract provided.