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Articles 1 - 15 of 15
Full-Text Articles in Law
Editor In Chief & Managing Editor's Note, Denise Han Editor In Chief, Alexis Watson Managing Editor
Editor In Chief & Managing Editor's Note, Denise Han Editor In Chief, Alexis Watson Managing Editor
Brigham Young University Prelaw Review
During this unprecedented year, we have been honored to continue a tradition of scholarship with the publication of the 2021 edition of the Brigham Young University Prelaw Review. This year’s topics are grounded in issues on the cutting edge of legal thought, ranging from the legal liability of corporate supply chains to the thorny conundrum of internet censorship, and from the intersection of property law and religious liberty to the question of statehood admission.
Publisher's Note, Kris Tina Carlston Jd, Mba
Publisher's Note, Kris Tina Carlston Jd, Mba
Brigham Young University Prelaw Review
The 2021 Brigham Young University Prelaw Review (Journal) continues to demonstrate Brigham Young University’s commitment to excellence in scholarship and student development. Throughout this past year, it has been a privilege to work with ambitious students who want to produce the best possible undergraduate legal journal.
Preventing A Permanent Underclass: Why In-State Tuition For Daca Students Just Makes Sense, Christian Bowcutt, Eliza Allen
Preventing A Permanent Underclass: Why In-State Tuition For Daca Students Just Makes Sense, Christian Bowcutt, Eliza Allen
Brigham Young University Prelaw Review
In the landmark 1982 Supreme Court Case "Plyler v. Doe", the right to a free education was guaranteed to undocumented students. One of the reasons for this was to "prevent a permanent underclass". Today, we have a similar opportunity to lift our fellow peers by passing legislation to guarantee in-state tuition to DACA recipients. DACA (Deferred Action for Childhood Arrivals) is a program that grants temporary citizenship to qualifying children and youth who are brought to the United States with their parent(s) or guardian(s). Currently, the majority of states have not guaranteed this right to DACA students. With tuition rates …
Addressing Abuse In Drug Cases: Violence As A Mitigating Factor In Safety Valve Sentencing, Samantha Louise Burton
Addressing Abuse In Drug Cases: Violence As A Mitigating Factor In Safety Valve Sentencing, Samantha Louise Burton
Brigham Young University Prelaw Review
Our current criminal justice system does not adequately consider the effects of abuse on drug crime offenders during the process of determining their sentences. Despite the fact that abuse has very real scientifically corroborated effects on a defendant’s culpability, judges sometimes misinterpret how abuse suffered by (predominantly female) defendants affects their participation in a drug crime. Furthermore, the safety valve—a provision that allows downward departure on a sentence for low-level nonviolent drug offenders who meet certain conditions—does not account for abuse at all. This paper proposes adding a qualification to the safety valve that prompts judges to consult with mental …
Left At The Borders: Addressing The Issue Of Inclusivity For Female Immigrants, Elizabeth S. Castillo, Brooklyn Bird, Abby Forrest, Editor
Left At The Borders: Addressing The Issue Of Inclusivity For Female Immigrants, Elizabeth S. Castillo, Brooklyn Bird, Abby Forrest, Editor
Brigham Young University Prelaw Review
The United States laws, regulations, and political discourse surrounding migration is rife with varying sensitivities. These include but are not limited to the physically, emotionally, and mentally exigent circumstances that cause women and girls of many ages and nationalities to flee their home countries for the United States. Because of the structure of American immigration law and the impactful measures taken by the Trump administration, we argue the language found in the Immigration and Nationality Act neglects to address gender-specific persecution, which renders the already difficult process of seeking asylum still more challenging for women hoping to migrate to the …
A Certainty Of Hopelessness: Adjustments To Student Exceptionalism In Bankruptcy Law, Jordan Higham, Jenica Bunderson
A Certainty Of Hopelessness: Adjustments To Student Exceptionalism In Bankruptcy Law, Jordan Higham, Jenica Bunderson
Brigham Young University Prelaw Review
For over forty years, student exceptionalism has been a crucial doctrine of U.S. bankruptcy law, stating that student debt can only be discharged in bankruptcy under extraordinary circumstances of undue hardship. This practice has been essential for the survival of the federal student loan program, however, the high and unclear standards for what constitutes undue hardship makes it almost impossible for even the most deserving debtors to discharge student debt. This paper explores the history of student exceptionalism and makes proposals for how to balance fairness between debtor and creditor.
Religious Rites And Property Rights; Intersectionality In United States Case Law, Rachel Miner
Religious Rites And Property Rights; Intersectionality In United States Case Law, Rachel Miner
Brigham Young University Prelaw Review
Religious liberty and property remain two cherished human rights protected under Constitutional law in the United States. While the precedent for both rights include robust protection frameworks, religious liberty is increasingly threatened through a weakening in case law precedent. Property law offers valuable nuances and insights for how the religious liberty legal framework might be strengthened in theory and in practice. Human rights are inherently bundled, therefore, there is significant benefit to analyzing the intersectionality of religious liberty and property law both historically and currently in United States case law.
Beyond #Metoo: Addressing Workplace Sexual Misconduct Cases And The Targeted Use Of Non-Disclosure Agreements, Taylor Percival, Lane Gibbons
Beyond #Metoo: Addressing Workplace Sexual Misconduct Cases And The Targeted Use Of Non-Disclosure Agreements, Taylor Percival, Lane Gibbons
Brigham Young University Prelaw Review
Recent allegations against prominent figures have brought the targeted use of non-disclosure agreements (NDAs) in sexual misconduct cases to public knowledge. NDAs have historically been used in a variety of ways in such cases, but situations of coercion and uneven power dynamics often leave victims with no real choice, and they end up losing their right to speak publicly about their experiences. This paper discusses the history of NDAs in sexual misconduct cases, explores when and why their enforcement is unlawful, and proposes the adoption of federal legislation like the BE HEARD Act to limit the inappropriate use of NDAs.
Domestic Violence Victims, A Nuisance To Society?: Moving Toward A More Equitable System In Protecting Vulnerable Women, Elizabeth Haderlie, Layla Shaaban
Domestic Violence Victims, A Nuisance To Society?: Moving Toward A More Equitable System In Protecting Vulnerable Women, Elizabeth Haderlie, Layla Shaaban
Brigham Young University Prelaw Review
Recent conversations about racial biases that exist towards the black community have required many of us to rethink systems and laws that unconsciously perpetuate racial discrimination. This article uses state, federal, and local lawsuits to argue the case against nuisance ordinances and the negative effects they can have on victims of domestic abuse, namely black women. We dive into the histories and statistics of domestic violence and nuisance ordinances. We provide evidence that indicates a correlation between domestic violence victim’s fear of reaching out for help, and nuisance ordinances being in place. Finally, we urge the federal government to amend …
Bostock’S Paradox: Intersections In Lgbtq Employment Rights And Private, Religious Businesses, Christopher Smith
Bostock’S Paradox: Intersections In Lgbtq Employment Rights And Private, Religious Businesses, Christopher Smith
Brigham Young University Prelaw Review
Thanks to the recent opinion of Bostock v. Clayton County by the United States Supreme Court regarding the protection of LGBTQ employees in the workplace, discussion has turned to how this protection relates to religious employers. Religious organizations such as churches and mosques are afforded protections thanks to an exemption found in Title VII of the 1964 Civil Rights Act. The role and scope of these protections in regards to private, religious (but not religion-owned) businesses has been debated as recently as 2014 in the Supreme Court. In this paper I address this issue and determine that, underneath current ruling …
Internet Censorship In The Time Of A Global Pandemic: A Proposal For Revisions To Section 230 Of The Communications Decency Act, Sarah Cheng, Harriet Norcross
Internet Censorship In The Time Of A Global Pandemic: A Proposal For Revisions To Section 230 Of The Communications Decency Act, Sarah Cheng, Harriet Norcross
Brigham Young University Prelaw Review
During the era of the novel coronavirus SARS-CoV-2, social media sites have justified removing inflammatory opinions pertaining to COVID-19 in attempts to protect and promote public health and safety by automatically categorizing such opinions as misinformation. While the intention of such censorship is noble, it raises the question of whether social media sites and internet service providers in general have too much power when it comes to controlling information. In an age where social media has become intrinsic to the dissemination and formation of opinion, the free exchange of ideas on the Internet is of prime importance, and any threat …
Plea Bargains: Justice For The Wealthy And Fear For The Innocent, Emily Stauffer
Plea Bargains: Justice For The Wealthy And Fear For The Innocent, Emily Stauffer
Brigham Young University Prelaw Review
The Supreme Court has consistently recognized the hardships of the poor in the criminal justice system and has set a precedent that if a person cannot afford access to any level of the criminal justice system, the state must remove that financial barrier. Prosecutorial tactics in the plea-bargaining process coerce the poor into waiving their right to trial. The unequal access to trial between the poor and non-poor violates the Fourteenth Amendment, which requires that states remove any barrier that restricts the poor from the criminal justice system. The Court has left the states to decide which solutions will work …
Lengthy Minimum Parole Requirements: A Denial Of Hope, Heather Walker
Lengthy Minimum Parole Requirements: A Denial Of Hope, Heather Walker
Brigham Young University Prelaw Review
Using the Eighth Amendment, which prohibits cruel and unusual punishment, the Supreme Court has made sweeping changes to juvenile sentencing in the last fifteen years. The Court has stated that mandatory life sentences without the possibility of parole and life sentences without the possibility of parole for non-homicide offenders are unconstitutional. Nevertheless, there are still unanswered questions in juvenile sentencing. One under-researched aspect of this is the role that lengthy minimum parole requirements play in the constitutionality of juvenile sentencing. This type of sentencing lacks express legislative support, it does not have a legitimate penological justification, and it denies juveniles …
Statehood Admissions Codification As A Protection Of Voting Rights, James Caleb Uhl
Statehood Admissions Codification As A Protection Of Voting Rights, James Caleb Uhl
Brigham Young University Prelaw Review
Historically, the process for admitting territories into the United States as states has been ambiguous and subsequently discriminatory. This ambiguity, when viewed in conjunction with the inherent voting rights of United States citizens, proves a systematic violation of said rights. By defining the statehood admission process, the voting rights of United States citizens residing in territories will no longer be violated. This article proposes legislation that includes five distinct criteria intended to rectify the ambiguity and subsequent discrimination in current admissions procedures while still allowing Congress to retain its constitutionally delegated processional authority.