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Brigham Young University Law School

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Articles 1471 - 1500 of 37205

Full-Text Articles in Law

Monetary Liability Of Public School Employees Under The Idea And Section 504/Ada, Perry A. Zirkel Mar 2019

Monetary Liability Of Public School Employees Under The Idea And Section 504/Ada, Perry A. Zirkel

Brigham Young University Education and Law Journal

No abstract provided.


The Federal Role In Universal Pre-K, Brian Mcwalters Mar 2019

The Federal Role In Universal Pre-K, Brian Mcwalters

Brigham Young University Education and Law Journal

No abstract provided.


Separating The Wheat From The Tares: The Supreme Court's Premature Strict Scrutiny Of Race-Based Remedial Measures In Public Education, Hayden Smith Mar 2019

Separating The Wheat From The Tares: The Supreme Court's Premature Strict Scrutiny Of Race-Based Remedial Measures In Public Education, Hayden Smith

Brigham Young University Education and Law Journal

No abstract provided.


Armed And Dangerous - Teachers? A Policy Response To Security In Our Public Schools, Todd A. Demitchell, Christine C. Rath Mar 2019

Armed And Dangerous - Teachers? A Policy Response To Security In Our Public Schools, Todd A. Demitchell, Christine C. Rath

Brigham Young University Education and Law Journal

No abstract provided.


Byu Law School Faculty Listing, Greg L. Johnson Feb 2019

Byu Law School Faculty Listing, Greg L. Johnson

Brigham Young University Journal of Public Law

No abstract provided.


2018-2019 Byu Journal Of Public Law Masthead Feb 2019

2018-2019 Byu Journal Of Public Law Masthead

Brigham Young University Journal of Public Law

No abstract provided.


Byu Law School Faculty Listing Feb 2019

Byu Law School Faculty Listing

Brigham Young University Journal of Public Law

No abstract provided.


Table Of Contents Feb 2019

Table Of Contents

Brigham Young University Journal of Public Law

No abstract provided.


Notice And Consent: A Healthy Balance Between Privacy And Innovation For Wearables, Erika J. Nash Feb 2019

Notice And Consent: A Healthy Balance Between Privacy And Innovation For Wearables, Erika J. Nash

Brigham Young University Journal of Public Law

No abstract provided.


2018-2019 Byu Journal Of Public Law Masthead, Roger R. Foote Feb 2019

2018-2019 Byu Journal Of Public Law Masthead, Roger R. Foote

Brigham Young University Journal of Public Law

No abstract provided.


A Modest Proposal On Supreme Court Unanimity To Constitutionally Invalidate Laws, Kyle S. Mckay Feb 2019

A Modest Proposal On Supreme Court Unanimity To Constitutionally Invalidate Laws, Kyle S. Mckay

Brigham Young University Journal of Public Law

No abstract provided.


Intrinsic Evidence: Do Utah Prosecutors Too Often Neglect This Avenue Of Admissibility? Feb 2019

Intrinsic Evidence: Do Utah Prosecutors Too Often Neglect This Avenue Of Admissibility?

Brigham Young University Journal of Public Law

No abstract provided.


Restoring Reputational Rights Through A Government Publication Of A Declaration Of Innocence, Michael M. Berger Feb 2019

Restoring Reputational Rights Through A Government Publication Of A Declaration Of Innocence, Michael M. Berger

Brigham Young University Journal of Public Law

In a society that has become increasingly interconnected through advancements in technology, the stig matizing consequences of a false criminal accusation or conviction ca n be devastating. Ironically, unlike the technological advancements societ y has experienced, the ability to protect one’s reputation from such harm requires using the same limited remedies that existed decades ago. With few effective remedies available, those who have been falsely accused or convicted of a crime are without adequate ways to restore their reputations. To fill this remedial void, the federal government should create a forum whereby an individual’s innocence might be published as government …


Notice And Consent: A Healthy Balance Between Privacy And Innovation For Wearables, Greg L. Johnson Feb 2019

Notice And Consent: A Healthy Balance Between Privacy And Innovation For Wearables, Greg L. Johnson

Brigham Young University Journal of Public Law

No abstract provided.


The Politics Of The Law-Politics Dichotomy, Stephen M. Feldman Feb 2019

The Politics Of The Law-Politics Dichotomy, Stephen M. Feldman

Brigham Young University Journal of Public Law

Throughout American history, judges and legal scholars have articulated and maintained a sharp separation between law and politics. This essay asks the question: Why do so many judges and scholars devote so much time and energy to bolstering this law-politics dichotomy? Using William Baude and Stephen E. Sachs’s recent article “The Law of Interpretation as a Sp ringboard,” this essay explores the history and political valence of the dichotomy. From Baude and Sach’s perspective, politics is like a disease: if it infects legal interpretation, then it threatens the health of the judicial process. But the history of the law-politics dichotomy …


Intrinsic Evidence: Do Utah Prosecutors Too Often Neglect This Avenue Of Admissibility?, Blake R. Hills Feb 2019

Intrinsic Evidence: Do Utah Prosecutors Too Often Neglect This Avenue Of Admissibility?, Blake R. Hills

Brigham Young University Journal of Public Law

No abstract provided.


Militant Or Bystander: How To Protect Democracy, Amos N. Guiora, Kristine J. Ingle Feb 2019

Militant Or Bystander: How To Protect Democracy, Amos N. Guiora, Kristine J. Ingle

Brigham Young University Journal of Public Law

No abstract provided.


Restoring Reputational Rights Through A Government Publication Of A Declaration Of Innocence, Brent Miller Feb 2019

Restoring Reputational Rights Through A Government Publication Of A Declaration Of Innocence, Brent Miller

Brigham Young University Journal of Public Law

In a society that has become increasingly interconnected through advancements in technology, the stig matizing consequences of a false criminal accusation or conviction ca n be devastating. Ironically, unlike the technological advancements societ y has experienced, the ability to protect one’s reputation from such harm requires using the same limited remedies that existed decades ago. With few effective remedies available, those who have been falsely accused or convicted of a crime are without adequate ways to restore their reputations. To fill this remedial void, the federal government should create a forum whereby an individual’s innocence might be published as government …


A Modest Proposal On Supreme Court Unanimity To Constitutionally Invalidate Laws, Dwight G. Duncan Feb 2019

A Modest Proposal On Supreme Court Unanimity To Constitutionally Invalidate Laws, Dwight G. Duncan

Brigham Young University Journal of Public Law

No abstract provided.


Challenging Payday Lenders By Opening Up The Market For Small-Dollar Loans, Eliza Platts-Mills, Justin Chung Feb 2019

Challenging Payday Lenders By Opening Up The Market For Small-Dollar Loans, Eliza Platts-Mills, Justin Chung

Brigham Young University Journal of Public Law

“Why hasn’t someone else stepped in to lend at lower interest rates?” is the question frequently asked in discussions of payday loans. The average payday loan carries an Annual Percentage Rate (APR) of over 300%. Given the strength of th e payday lenders lobby at the federal and state level, one way to help low- and moderate-income households escape the financial harms of pa yday loans is to encourage other lenders to enter the small-dollar loan market and offer more affordable products. Over the past ten years, an array of affordable small-dollar loan programs offered by banks, credit unions, non-profit …


The Politics Of The Law-Politics Dichotomy, Dean E. Conder Feb 2019

The Politics Of The Law-Politics Dichotomy, Dean E. Conder

Brigham Young University Journal of Public Law

Throughout American history, judges and legal scholars have articulated and maintained a sharp separation between law and politics. This essay asks the question: Why do so many judges and scholars devote so much time and energy to bolstering this law-politics dichotomy? Using William Baude and Stephen E. Sachs’s recent article “The Law of Interpretation as a Sp ringboard,” this essay explores the history and political valence of the dichotomy. From Baude and Sach’s perspective, politics is like a disease: if it infects legal interpretation, then it threatens the health of the judicial process. But the history of the law-politics dichotomy …


Table Of Contents, David C. Nye Feb 2019

Table Of Contents, David C. Nye

Brigham Young University Journal of Public Law

No abstract provided.


Militant Or Bystander: How To Protect Democracy, Judith M. Billings Feb 2019

Militant Or Bystander: How To Protect Democracy, Judith M. Billings

Brigham Young University Journal of Public Law

No abstract provided.


Challenging Payday Lenders By Opening Up The Market For Small-Dollar Loans, Rex E. Lee Feb 2019

Challenging Payday Lenders By Opening Up The Market For Small-Dollar Loans, Rex E. Lee

Brigham Young University Journal of Public Law

“Why hasn’t someone else stepped in to lend at lower interest rates?” is the question frequently asked in discussions of payday loans. The average payday loan carries an Annual Percentage Rate (APR) of over 300%. Given the strength of th e payday lenders lobby at the federal and state level, one way to help low- and moderate-income households escape the financial harms of pa yday loans is to encourage other lenders to enter the small-dollar loan market and offer more affordable products. Over the past ten years, an array of affordable small-dollar loan programs offered by banks, credit unions, non-profit …


State Of Utah, Plaintiff/Appellee, V. Joseph Crescencio Granados, Defendant/Appellant : Brief Of Appellee, Utah Court Of Appeals Feb 2019

State Of Utah, Plaintiff/Appellee, V. Joseph Crescencio Granados, Defendant/Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Brief of Appellee

Appeal from convictions for attempted murder, a first degree
felony; possession of a dangerous weapon by a restricted
person, a second-degree felony; failure to stop at command of
police and criminal mischief, both third-degree felonies;
possession of a controlled substance, a class-A misdemeanor;
and possession of drug paraphernalia, a class-B misdemeanor;
in the Third Judicial District, Salt Lake County, the Honorable
Paul B. Parker presiding


The Evolution Of Entrepreneurial Finance: A New Typology, J. Brad Bernthal Feb 2019

The Evolution Of Entrepreneurial Finance: A New Typology, J. Brad Bernthal

BYU Law Review

There has been an explosion in new types of startup finance instruments. Whereas twenty years ago preferred stock dominated the field, startup companies and investors now use at least eight different instruments—six of which have only become widely used in the last decade. Legal scholars have yet to reflect upon the proliferation of instrument types in the aggregate. Notably missing is a way to organize instruments into a common framework that highlights their similarities and differences. This Article makes four contributions. First, it catalogues the variety of startup investment forms. I describe novel instruments, such as revenue-based financing, which remain …


Small Family Farms And Natural Disasters: Natural Disasters Disproportionately Hurt Small Farms, But Should The Government Care?, Luisa Lloyd Gough Feb 2019

Small Family Farms And Natural Disasters: Natural Disasters Disproportionately Hurt Small Farms, But Should The Government Care?, Luisa Lloyd Gough

BYU Law Review

No abstract provided.


The Nonprofit Sector's Uncertain Future In A Post-Tcja America, Jt Alston Feb 2019

The Nonprofit Sector's Uncertain Future In A Post-Tcja America, Jt Alston

BYU Law Review

The tax deduction for charitable contributions has existed in the Internal Revenue Code in some form since the early 1900s. While the charitable deduction has been preserved in the U.S. tax code for more than 100 years, the Tax Cuts and Jobs Act (TCJA) of December 2017 threatens charities by removing the tax incentive to donate to charity from all but the wealthiest taxpayers. Both charities and nonprofits play a vital role in the U.S. economy by providing some goods and services more efficiently than the public or private sectors. In this Note I explore the role of nonprofits in …


Bias, Employment Discrimination, And Black Women's Hair: Another Way Forward, Crystal Powell Feb 2019

Bias, Employment Discrimination, And Black Women's Hair: Another Way Forward, Crystal Powell

BYU Law Review

No abstract provided.


2018-2019 Byu Law Review Masthead Feb 2019

2018-2019 Byu Law Review Masthead

BYU Law Review

No abstract provided.