Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Immigration (2)
- Abstinence (1)
- Abstinence-only (1)
- Affirmative defense (1)
- Alcohol (1)
-
- Alien (1)
- Almond (1)
- Almond Board of California (1)
- Asylum (1)
- Autonomy (1)
- Birthright (1)
- Blue Diamond (1)
- Border (1)
- California (1)
- Childcare (1)
- Citizenship (1)
- Civil rights (1)
- Comprehensive (1)
- Crime (1)
- Criminals (1)
- Dairy (1)
- Death (1)
- Detention (1)
- Drugs (1)
- Ellerth (1)
- Euthanasia (1)
- Faragher (1)
- Flores (1)
- Free market (1)
- Gay (1)
Articles 1 - 9 of 9
Full-Text Articles in Law
Almonds, A Fiesty Industry, Kenneth M. Petrowsky
Almonds, A Fiesty Industry, Kenneth M. Petrowsky
Marriott Student Review
A bitter power struggle between the almond industry and the milk industry has become a test of the United States’ free market. The National Milk Producers Federation has turned to Washington for aid while the Almond board of California and the Blue Diamond co-op have focused on improving their product.
Child Prisoners: Asylum-Seeking Detainees In The U.S. And The Violation Of The Flores Settlement Agreement, Miriam L B Sweeney
Child Prisoners: Asylum-Seeking Detainees In The U.S. And The Violation Of The Flores Settlement Agreement, Miriam L B Sweeney
Brigham Young University Prelaw Review
The Flores Settlement Agreement allows for asylum-seeking minors to be released from detention if the minors are in unsafe circumstances. Children are experiencing physical and mental harm in asylum-seekers’ detention. This harm constitutes a lack of safety. Therefore, the current conditions of detention for asylum-seekers violate the Flores Settlement Agreement.
The Battle Of Birthright Citizenship, Joshua White
The Battle Of Birthright Citizenship, Joshua White
Brigham Young University Prelaw Review
This article examines the legal case behind denying birthright citizenship to the children of illegal aliens born on U.S. territory and thereby correcting the present interpretation of the Citizenship Clause. Currently, children of illegal aliens born on U.S. territory are automatically granted citizenship jus soli. This removes the sovereignty of the American citizen by supplanting the citizen with an illegal alien in determining who can become citizens of the United States. To resolve this problem, Congress must enact legislation specifically restricting birthright citizenship from children of illegal aliens. While other articles focus on the morality of accepting refugees or illegal …
Abstinence-Only Sex Education On Trial, Kendall W. Orton
Abstinence-Only Sex Education On Trial, Kendall W. Orton
Brigham Young University Prelaw Review
Title V abstinence-only sex education funds are used to fund programs that do not reduce sexual activity, STDs, or pregnancy in high school students, contrary to the purported goals of public school sexual education. This paper outlines the history and legal and social research regarding sexual education. It also argues that comprehensive sex education does not violate the Establishment clause or Free Exercise clause by applying the Lemon doctrine. This paper advocates that the United States government should only fund comprehensive sexual education models that have shown positive results and promote healthy attitudes about sex.
Workplace Discrimination And The Inefficiency Of The Ellerth/Faragher Defense, Kimberly F. Medina
Workplace Discrimination And The Inefficiency Of The Ellerth/Faragher Defense, Kimberly F. Medina
Brigham Young University Prelaw Review
This article addresses the growing problem of workplace discrimination. Even though a few states have implemented laws requiring employers to train their employees on workplace discrimination, the number of discrimination claims has continued to rise each year. In 1998 the Supreme Court ruled on two important cases regarding workplace discrimination. Their opinion on these cases established what is known as the Ellerth/Faragher defense. The Ellerth/Faragher defense sets standards that an employer must meet to claim affirmative defense in cases of illegal discrimination. This article argues that the current standards set in this defense are flawed and need to be updated. …
The Systematic Neglect Of Inmates Suffering From Substance-Use Disorder In The American Prison Systems, J Lyons
Brigham Young University Prelaw Review
While the problem of crime and its perpetuation is multifactorial and inherently complex, the mental and physical health of criminals falls under the legal oversight of the penal system. Prisoners have a legal right to quality medical care—a right that is often forgotten and neglected by society at large and, more specifically, the court system itself.
Death And Dignity, Michael Gardner
Death And Dignity, Michael Gardner
Brigham Young University Prelaw Review
This paper discusses the contemporary debate over physician-assisted suicide and focuses specifically on Oregon’s Death with Dignity Act. Because the majority of the states have yet to pass legislation on physician-assisted suicide, the greatest debate over the legality of euthanasia is yet to come. This paper addresses the arguments for and against physician-assisted suicide with the purpose of educating the reader regarding the social, moral and ethical consequences of allowing or denying its practice.
Leaving Behind Self-Righteousness: Using Mutual Respect And Compromise To Solve Emerging Conflicts Between Religious Liberty And Same-Sex Marriage, Benjamin Issa
Brigham Young University Prelaw Review
This paper attempts to provide a reasonable framework for thinking about religious liberty issues following the Supreme Court's decision in Obergefell v. Hodges. Following the decision in that case, which requires states to wed same-sex couples, there has been a national debate about when - and if - religious business owners can discriminate based on sexual orientation. This issue pits religious liberty organizations against LGBT rights organizations, and leaves both sides feeling demonized and misunderstood. This paper advocates a more nuanced approach, and suggests that reasonable compromise is possible if we are willing to leave behind self-righteousness and instead engage …
Redefining Immutability: Utah's Model For Advancing Lgbt Rights, Zachary Herzog
Redefining Immutability: Utah's Model For Advancing Lgbt Rights, Zachary Herzog
Brigham Young University Prelaw Review
This paper attempts to explain the Supreme Court’s recent efforts to expand the definition of immutable rights to protect LGBT Americans and argues that gender identity also be included in that definition. States should expand this definition in their own constitutions and do so in a way that protects the interests of the LGBT community as well as other demographics. Utah Senate Bill 296 is a good example of how this definition can be successfully expanded, and should be a model for states in which LGBT antidiscrimination legislation has been less effective.