Law Commons^™

Is Tax-Funded Education Unconstitutional?, Jeffrey C. Tuomala

Liberty University Law Review

This Article explains why tax-funded education is an unconstitutional establishment of religion in violation of the First Amendment. It analyzes the worldview that sustains the educational establishment and informs Supreme Court jurisprudence—a worldview that falsely bifurcates reality between the secular and the religious.

The Supreme Court has never given serious attention to defining the term religion as used in the First Amendment religion clauses. During the Virginia establishment controversy that culminated in 1786, Virginia provided a definition of religion and identified the fundamental principles on which religious liberty is based. That definition and those principles contrast with the subjective definition …

Sacrificing Our Children At The Altar Of Modern K-12 Public Education, Rena M. Lindevaldsen

Liberty University Law Review

Should publicly-funded K-12 education continue to exist? At first blush, it might seem a radical question to even ask. But when public schools are failing in their essential purposes, we need to explore whether to cease funding them. From their inception, public schools had at least two essential purposes: to train students in those values essential to participating in society and, as the saying goes, teaching reading, writing, and arithmetic.

This Article will highlight the ways in which public schools are failing to achieve these two basic goals. First, public schools are failing academically. Scores on standardized tests continue to …

Rethinking Parental Rights: It’S Time To Move To Procedural Due Process, Michael Farris

Liberty University Law Review

Should substantive due process be replaced? Justice Clarence Thomas and others have recently reignited the debate surrounding substantive due process, causing advocates of parental rights to feel uneasy. They are concerned about suggestions to reverse certain Supreme Court decisions relying on substantive due process—like Justice Thomas’s suggestion in his concurrence in Dobbs v. Jackson—because parental rights cases have traditionally relied on substantive due process. Given the uncertainty arising from Justice Thomas’s disparagement of substantive due process, no one should assume that the outcome of a parental rights case will follow the normal ideological divide on the Supreme Court. Accordingly, …

Homeschooling In The United States: A Seismic Parental Rights Victory, William A. Estrada

Liberty University Law Review

Homeschooling has surged in popularity. It has a proven record of success. Yet that begs the question: how did we get here? How did our nation go from prosecuting homeschool parents a few decades ago to considering home education a viable and mainstream educational option? This Article explores the reasons why and concludes that it is because of the history and tradition of parental rights that has been recognized and accepted in the United States. This Article explores the history of parental rights from ancient times to the founding of the United States. That rich history and tradition, particularly the …

Foreward, Rodney D. Chrisman

Liberty University Law Review

No abstract provided.

Table Of Contents

Liberty University Law Review

No abstract provided.

Interview Of Professor John Brittain, Donny R. Williams

University of the District of Columbia Law Review

No abstract provided.

University Of The District Of Columbia Law Review, University Of The District Of Columbia Law Review

University of the District of Columbia Law Review

No abstract provided.

Black Lives Still Matter: The Unconstitutionality Of The Reasonableness Standard In The Doctrine Of Qualified Immunity, Angela D. Minor, Esq.

University of the District of Columbia Law Review

No abstract provided.

Statehood: The Bridge To Transforming The District Of Columbia's Criminal Justice System, Shelley Broderick

University of the District of Columbia Law Review

No abstract provided.

...But Words Can Also Hurt You: How Hate Speech Contributed To Harmful Immigration Policy, Nicole Dillard, Esperanza Sanchez

University of the District of Columbia Law Review

No abstract provided.

Mental Health Response To 911 Calls: Defunding The Police, Now With All Of The Danger And None Of The Protection, Marcia M. Ziegler

University of the District of Columbia Law Review

No abstract provided.

Dobbs Was Wrong: The Liberty To Choose To Give Birth Should Be Federally Protected, Alysa J. Wiggins

University of the District of Columbia Law Review

No abstract provided.

State Of Utah, Plaintiff/ Appellee V. Daniel Macbeth, Defendant/ Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Fourth Judicial District Court, Utah County, Honorable Robert C. Lunnen, District Court No. 211402124

Sean Reyes, Counsel for Appellee

Freyja Johnson, Rachel Phillips Ainscough, Counsel for Appellant

Limitation On Benefits Or Principal Purpose Test? Part 2, Reuven S. Avi-Yonah

Articles

Part 1 of this column discussed the choice between the limitation on benefits and principal purpose test (PPT) and the history of the LOB in U.S. tax treaty policy.

How effective is the LOB article in U.S. tax treaties, now that it no longer includes the PPT from the original U.S. LOB?

The Status Of Abortion Care Training For Medical Providers Amidst The Current Abortion Access Crisis: A Literature Review, Leah Johnson

Theses and Graduate Projects

Background: While a common, safe, and essential aspect of reproductive healthcare, abortions have been subject to countless legal restrictions and bans in the United States, especially after the overturn of Roe v. Wade. This has also exacerbated the current shortage of abortion providers. Within this crisis of worsening abortion access, it is imperative to appropriately train future clinicians to provide abortion care. Purpose: This literature review will investigate the status of abortion training in medical schooling. It will explore physician-specific education in abortion and look specifically at the impact of recent legal threats on the availability of this training. Finally, …

Something To Hold On To: Judicial Independence As An Antidote To The Dissent’S Institutional Integrity Concerns In Dobbs V. Jackson Women’S Health Organization, Teddy Breece Paisley Iii

Liberty University Law Review

Today’s legal and political landscape places heavy emphasis on the decisions handed down by nine illustrious jurists—the sitting Justices of the Supreme Court of the United States. These decisions, like the Justices themselves, are often characterized as purely political. From left and right, accusations of partisanship and judicial activism hurtle toward the Court with increasing velocity and regularity. On June 6, 2022, the Court released one of the most significant and controversial decisions in its history when it overruled Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania v. Casey in Dobbs v. Jackson Women’s Health Organization, holding that …

To Track Or Not To Track: The Privacy Dilemma And The Veil Of Consumer Choice, Amber L. Solberg

Liberty University Law Review

Technology has contributed to rapid yet fundamental changes in the way society functions—but the information revolution is just getting started. Ubiquitous, distributed, and interconnected computational power and massive data storage, coupled with human ingenuity and entrepreneurship, have led to profound impacts on society, changing the way we live, work, and interact with each other. However, these rapid advances have given rise to new legal challenges and upended the balance between the interests of corporations and consumers regarding privacy, ownership of personal data, and fundamental concepts of intellectual property. As multi-billion-dollar corporations thrive by monetizing personal data, existing legal frameworks struggle …

Internet Frisking Jurors During Voir Dire: The Case For Imposing Judicial Limitations, Hannah L. Shotton

Liberty University Law Review

Our nation has long recognized the need for a fair and impartial jury in civil and criminal cases. At the heart of this pursuit for fairness is the juror, who sits as the factfinder in the process. For centuries, voir dire has served as the backbone for providing parties with a fair and impartial jury. Traditionally, during voir dire, jurors are questioned under oath by the court or counsel to determine their qualifications or disqualifications to sit as a juror in the case. The purpose is to expose potential bias in a juror that would render him or her unable …

Unincorporated: A Case For American Samoa Through The Fog Of The Insular Cases, Riley J. Gutierrez

Liberty University Law Review

For over a century, American Samoa has been an unincorporated territory of the United States. Due to its “unincorporated” status, its inhabitants lack U.S. constitutional citizenship under the Fourteenth Amendment. Congress has further failed to pass legislation granting statutory birthright citizenship to American Samoans, setting American Samoa apart as the only U.S. territory without birthright citizenship.

American Samoan representatives have fought to keep American Samoa from being further incorporated under the Federal Constitution. Despite American Samoa being the largest per capita contributor to the United States military, its people value their way of life, or fa’a Samoa, too much …

The “Constitutional-Claims Exclusion” Fallacy: The Courts’ Attempt To “Back-Door” Constitutional Claims Into The Federal Tort Claims Act, Brent Dugwyler

Liberty University Law Review

When federal agents violate a citizen’s constitutional rights, justice demands that someone be held accountable and the plaintiff be redressed for his injuries. While a plaintiff can sue the agents in their individual capacities, it is unclear whether the federal government itself can be held liable. Under the Federal Torts Claims Act (FTCA), plaintiffs can sue the federal government for the torts of its employees. But there are limitations and exceptions. For example, the FTCA applies only to state-law torts, not to federal constitutional violations. Further, the FTCA’s “discretionary-function” exception immunizes federal agents’ conduct when they act within their discretion. …

Transgender Boy Allowed To Try Out For Tennessee High School Boys' Golf Team, Emily J. Houghton, Erica J. Zonder

Human Performance Department Publications

The plaintiff L.E. is a transgender boy who is suing Tennessee Governor Bill Lee along with the individuals employed within the Tennessee Board of Education, and Knox County Board of Education. The lawsuit attempts to challenge SB 228, Gender in Athletics Law which was passed in 2021 in the state of Tennessee and the subsequent revised I-171 policy (L.E. v. Lee, 2021). Under SB 228, students are only allowed to compete in middle school or high school athletics in Tennessee, based on gender assigned at birth or on their birth certificate. SB 228 also dictates that each “local governing body” …

The Byu Advocate, J. Reuben Clark Law School

The BYU Advocate (& Annual Reports)

"As BYU Law celebrates 50 years of excellence, we reflect on the foundational commitments that set the Law School apart.

"Among law schools, BYU’s aims are unique. Our mission statement reads, 'In striving to emulate [the] example [of Jesus Christ], we seek to be and develop people of integrity who combine faith and intellect in lifelong service to God and neighbor.'"

– Dean David H. Moore

Cardozo Law News Brief: August 9, 2024, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2024

Featured Faculty:

• Samuel Weinstein
• Alexander Reinert
• Rebekah Diller
• Jocelyn Getgen Kestenbaum
• Michael Pollack
• Michel Rosenfeld
• Stewart Sterk

"We'll Handle Our Business": How Immigrant Perceptions Of Police And Police Legitmacy Influence Legal Cynicism And The Mobilization Of Law, Patricia Espiritu Advincula

Master's Theses

Using a qualitative, exploratory approach, semi-structured interviews with first-generation and second-generation immigrants residing in San José, CA who were victimized by a crime were conducted to explore immigrant perspectives of the criminal justice system and the law. The guiding research questions of this study are: (1) what influences immigrants to report crimes and what are the barriers to crime reporting? and (2) what are immigrant perceptions/attitudes of local law enforcement? A total of 39 semi-structured interviews were thematically coded to understand immigrant experiences with police officers and how these perceptions of local law enforcement influence the mobilization of law and …

V. 61-2, 2024 Masthead

San Diego Law Review

No abstract provided.

Narrowing “The Gap”: Counter Gray Zone Operations, Raul (Pete) Pedrozo

International Law Studies

China is exploiting "The Gap" by conducting provocative Gray Zone operations to challenge its neighbors' sovereignty and sovereign rights, as well as their navigational rights and freedoms, in waters off their coast in the East China Sea, Taiwan Strait, and South China Sea. By engaging in malign activities that fall below the threshold of an "armed attack," China anticipates it can incrementally advance its interests without eliciting a military response from the targeted States. Diplomatic protests and third-party dispute settlement have not convinced China to halt its aggressive behavior. This article suggests States should use non-lethal counter-piracy tactics, techniques, and …

Cutting Zoning Down To Size: Reevaluating The Legal Vulnerability Of Urban Minimum Lot Sizes, Charles Gardner

San Diego Law Review

Minimum lot sizes are among the most common forms of land use regulation in the United States, existing even in those jurisdictions that have not adopted traditional use-based zoning. Although scholarly and judicial attention has focused on the minimums of an acre or more that are typically found in suburban areas, recent research has identified substantial economic benefits to reforming and reducing the lower minimums present in city neighborhoods. This Article argues that these minimums, often requiring 5,000 square feet or more per home in areas served by city sewer and water, may be vulnerable to litigation on the basis …

Inequities Beyond Surplus Equity: Fixing The Limited Remedies Of Tyler, Julie Gilgoff

San Diego Law Review

When the Supreme Court declared “home equity theft” policies a Fifth Amendment taking in Tyler v. Hennepin County, a diverse coalition celebrated its holding. To the unsuspecting, the Tyler decision appears to be motivated by fairness in returning surplus equity to an elderly African-American tax-delinquent homeowner. But when low-income homeowners lose their greatest asset due to even minimal tax debt, returning a fraction of the value (the surplus) is hardly an adequate remedy. This Article refocuses attention away from the invalidation of “home equity theft” policies to larger inequities in the U.S. property tax system that have a disparate …

“Zoning” Matters: Rluipa And The New Normal Of Religious Discrimination, Michael Allan Wolf

San Diego Law Review

The protection of religious freedom under federal law waxes and wanes, depending on two unpredictable factors: judicial activism and congressional action. A review of dozens of cases involving alleged violations of the Religious Land Use and Institutionalized Persons Act (RLUIPA), including two recent cases heard by the Supreme Court and the Fourth Circuit, reveals for the first time that many litigants and judges have ignored the congressional injunction to limit the reach of RLUIPA to two (and only two) forms of land-use regulation: zoning and landmarking. Plaintiffs have instead used RLUIPA to challenge water and sewer, septic, fire prevention, building, …