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2013

Brigham Young University Law School

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Articles 31 - 43 of 43

Full-Text Articles in Law

A Walk Of Thanksgiving, David Dominguez Feb 2013

A Walk Of Thanksgiving, David Dominguez

Vol. 3: Religious Conviction

Excerpted from "Legal Education and the Ecology of Cultural Justice: How Affirmative Action Can Become Race-Neutral by 2028," 88 Oregon Law Review 157–194 (2009).


He Answered Discreetly, L. Whitney Clayton Feb 2013

He Answered Discreetly, L. Whitney Clayton

Vol. 3: Religious Conviction

This satellite fireside address was given to the J. Reuben Clark Law Society at the Conference Center Little Theater in Salt Lake City on January 27, 2012.


Empowered By Education And Vision, Larry Echo Hawk Feb 2013

Empowered By Education And Vision, Larry Echo Hawk

Vol. 3: Religious Conviction

This J. Reuben Clark Law School convocation address was given at the Provo Tabernacle on April 22, 1994.


Hysteria And The Bill Of Rights, Monroe G. Mckay Feb 2013

Hysteria And The Bill Of Rights, Monroe G. Mckay

Vol. 3: Religious Conviction

This address was given at the Bill of Rights Symposium at BYU Law School on October 9, 1992.


Liberalism In Decline: Legislative Trends Limiting Religious Freedom In Russia And Central Asia, Elizabeth Clark Jan 2013

Liberalism In Decline: Legislative Trends Limiting Religious Freedom In Russia And Central Asia, Elizabeth Clark

Faculty Scholarship

Religious freedom, among other human rights, has increasingly been restricted in Russia and Central Asia. Recent empirical research has shown that increased governmental regulation of religion causes increased social hostilities over religion and has shown the connections between religious freedom and numerous other civil rights and social goods. The U.S. government has particularly recognized the importance of religious freedom in Russia, mandating significant restrictions on aid based on the Russian interpretation of restrictive religion legislation passed in 1997. Since that time, however, virtually no attention has been given to draft legislation in this area in Russia and common trends seen …


Dignity, History, And Religious-Group Rights, Frederick Mark Gedicks Jan 2013

Dignity, History, And Religious-Group Rights, Frederick Mark Gedicks

Faculty Scholarship

No abstract provided.


A Case For The Public Domain, Clark D. Asay Jan 2013

A Case For The Public Domain, Clark D. Asay

Faculty Scholarship

Over the past several decades open license movements have proven highly successful in the software and content worlds. Such movements rely in part on the belief that greater freedom of use triggers innovative activity that is superior to what a restrictive IP approach produces. Ironically, such open license movements also rely on IP rights to promote their vision of freedom and openness. They do so through IP licenses that, while granting significant freedoms, also impose certain conditions on users such as the “copyleft” requirement in the software world. Such movements rely on this IP-based approach due to fears that, without …


Disaggregating Disasters, Lisa Grow Sun, Ronnell Andersen Jones Jan 2013

Disaggregating Disasters, Lisa Grow Sun, Ronnell Andersen Jones

Faculty Scholarship

In the years since the September 11 attacks, scholars and commentators have criticized the emergence of both legal developments and policy rhetoric that blur the lines between war and terrorism. Unrecognized, but equally as damaging to democratic ideals—and potentially more devastating in practical effect—is the expansion of this trend beyond the context of terrorism to a much wider field of nonwar emergencies. Indeed, in recent years, war and national security rhetoric has come to permeate the legal and policy conversations on a wide variety of natural and technological disasters. This melding of disaster and war for purposes of justifying exceptions …


Narrative Pluralism And The Doctrine Incoherence In Hosanna-Tabor, Frederick Mark Gedicks Jan 2013

Narrative Pluralism And The Doctrine Incoherence In Hosanna-Tabor, Frederick Mark Gedicks

Faculty Scholarship

In Hosanna-Tabor Church and School v. EEOC, the Supreme Court recognized for the first time that the Religion Clauses require a “ministerial exception” to federal antidiscrimination laws, holding that religious congregations have a broad and categorical immunity against government interference in ministerial employment decisions.

Hosanna-Tabor is filled with ironies. The case is as much about unjustified discrimination and administrative inconsistency as religious liberty. The Court’s endorsement of the exception as a feature of church autonomy overlooks that churches subvert autonomy as often as they protect it. The exception described by the Court is so broad, absolute, and inflexible that it …


True Lies: Canossa As Myth, Frederick Mark Gedicks Jan 2013

True Lies: Canossa As Myth, Frederick Mark Gedicks

Faculty Scholarship

This essay is a response to Paul Horwitz, “Freedom of the Church without Romance,” published as part of a symposium on “The Freedom of the Church.” The essay endorses Horwitz’s central thesis that advocates of a contemporary “freedom of the Church” have overlooked historical complexities in marking the 11th-century investiture conflict between Henry IV and Pope Gregory VII, often simply referred to “Canossa” after the small Emilian village where Henry sought absolution from Gregory, as the birth of that freedom.

The essay goes beyond Horwitz to argue that the historical account of “Canossa” presupposed by freedom-of-the-Church advocates is literally false. …


Kirtsaeng And The First-Sale Doctrine's Digital Problem, Clark D. Asay Jan 2013

Kirtsaeng And The First-Sale Doctrine's Digital Problem, Clark D. Asay

Faculty Scholarship

Many have lauded the United States Supreme Court's recent decision in Kirtsaeng v. John Wiley & Sons, Inc. as a significant victory for the first-sale doctrine under copyright law. However, in the digital context, the Kirtsaeng holding and the first-sale doctrine in general face extinction. This Essay argues for the first-sale doctrine's survival in the digital context.


Adjustments, Extensions, Disclaimers, And Continuations: When Do Patent Term Adjustments Make Sense?, Stephanie Plamondon Bair Jan 2013

Adjustments, Extensions, Disclaimers, And Continuations: When Do Patent Term Adjustments Make Sense?, Stephanie Plamondon Bair

Faculty Scholarship

The United States patent system represents a measured trade-off between two competing policy considerations: providing sufficient incentives to encourage the innovation and development of new and socially useful inventions; and ensuring that such inventions are readily available to the public at an affordable price. Although the default patent term is now twenty years from filing, various features of, and changes to, the patent system over the years have allowed patent owners to extend the duration of their patent monopolies, sometimes for several years. Such extensions, though seemingly insignificant when compared to the full patent term, have an enormous impact on …


Congressional Silence And The Statutory Interpretation Game, Paul Stancil Jan 2013

Congressional Silence And The Statutory Interpretation Game, Paul Stancil

Faculty Scholarship

This Article explores the circumstances under which the federal legislative apparatus may be unable to respond to a politically objectionable statutory interpretation from the Supreme Court. The Article builds upon existing economic models of statutory interpretation, for the first time incorporating transaction costs into the analysis. The Article concludes by identifying recent real-world disputes in which transaction costs constrained Congress and the President from overriding the Court.