Social and Behavioral Sciences Commons^™

Against Capital Punishment, Zac Bright, Ben Austin (Editor)

Brigham Young University Prelaw Review

Capital punishment has a strong legal precedence in the United States. Capital punishment has been a penal option for those who commit conspicuously wrong acts. For such acts, the punishment seems to be proportional to the crime. In addition to the punishment’s adherence to proportionality, capital punishment mitigates problematic outcomes.

This paper advocates, however, that capital punishment should be classified as “cruel and unusual punishment.” Such violation of the eighth amendment delegitimizes capital punishment. Consequently, The Federal Death Penalty Act of 1994 should no longer be considered a valid law because of its constitutional violation.

The Junk Food Problem: Why The Law Allows Advertising To Kids And How To Implement Change, Makenna Hardy, Madison Maloney

Brigham Young University Prelaw Review

Rapid technological advancements have increased the methods in which advertisers can reach the public, specifically children. As obesity rates increase among America’s youth, more stringent advertising laws barring junk food exposure have been advocated for. Since the Supreme Court has determined commercial free speech as deserving full First Amendment coverage, the rights of advertisers frequently inhibit productive methods of protecting children from junk food advertisements. This article examines the current standards safeguarding both children and advertisers and the feasibility of restricting advertising to kids within the limitations of commercial speech protections.

Modernizing The Birds And The Bees: New Standards For Sexual Education, Ashley Whetten, Katie Whitehead

Brigham Young University Prelaw Review

Conversations surrounding sexual education usually revolve around comprehensive sexual education curricula and abstinence-only until marriage curricula. These conversations and the federal funding budgets that developed from these programs prevent innovation and modernization of sexual education programs. Furthermore, research has demonstrated major flaws in both curricula. This paper does not argue for one approach to sexual education over another; instead, the proposals in this paper aim to bridge long-standing disputes on sexual education by creating a new standard of sexual education that also addresses the major downfalls of both current curricula. In order to qualify for funding the program would require …

A New Medical Malpractice Tort System: It's Time To Prioritize The Patient, Jaden Cowdin, Tyler Lindley

Brigham Young University Prelaw Review

The current medical malpractice tort system often promotes inefficiency and perverse incentives for doctors. Attempts at reform, to date, have been largely ineffective or harmful to the patient. A total overhaul—including a state-run medical review board, a centralized no-fault compensation fund, and a publicly accessible black mark database—should be tailored and enacted by each state.

Children's Role In Termination Of Parental Rights Proceedings, Makayla Okamura, Michael Kummerman

Brigham Young University Prelaw Review

People often argue that young children - especially vulnerable children - cannot gauge their best interests very well. But it turns out that there is success when courts allow children to have a voice in matters of child welfare cases. Various cultures and ideologies see child accountability in different ways. Considering those cultures and values and then factoring in the experiences of judges reveals that child are more capable of determining there best interests than currently policy acknowledges. Though the decision should not rest solely on the child's input, it should be heavily weighted when a judge makes a child …

Combatting Labor Exploitation In The United States By Modifying Visas For Migrant Workers, Paige Herrmann

Brigham Young University Prelaw Review

The current statutes addressing labor trafficking in the United States are insufficient in protecting migrant workers from labor exploitation. A solution to this often overlooked problem is to introduce flexible visas which allow migrant workers who have been victims of labor exploitation to seek new employment in the United States while remaining in valid legal status, affording them freedom from abusive employers.

Preemptive War, War Powers, And International Complications: A Need For Reform, Paige Montague

Brigham Young University Prelaw Review

In March 2003, the United States declared official war on Iraq out of fear that Suddam Hussein has nuclear weapons. This war was declared after the United Nations Security Council ruled that the Preemptive War was illegal. Preemptive War is a strange loophole under the War Powers Act and gives the President ability to declare war under the potential of a future threat. The Iraq War did not yield the intended results nor were any nuclear weapons found. Had congress been mandated under an amendment to approve the Preemptive War, the poor consequences both on a domestic and international level …

Examining The Constitutionality Of Executive Orders: Daca, Dapa, And The Take Care Clause, Seth Konopasek

Brigham Young University Prelaw Review

The debate over the scope of presidential powers is even older than the Constitution itself and in our modern political era, this debate turns largely on Executive Orders. From internment camps and steel seizures to Dreamers and travel bans, Executive Orders have long been at the center of political controversy, and yet the Supreme Court has not developed any consistent method for their judgement. Indeed, they have not made a significant ruling on non-military presidential powers in nearly seventy years. The Court signaled their intention to rule upon the subject in 2016 when they granted certiorari to Texas v US, …

Five Sides Of Justice: The Dangerous And Disproportionate Influence Of The Permanent Five Members Of The Un Security Council On The International Criminal Court, Nathan Hogan

Brigham Young University Prelaw Review

The Security Council’s power to refer states to the International Criminal Court undermines international law because the permanent five members use their veto power to protect guilty allies from prosecution. The Council should be reformed so that the body can override a veto with a supermajority and bring war criminals to justice.

Revisiting Refugee Caps: A Legislative Proposal For Executive-Congressional Compromise, Jason Gardiner, Tyler Day

Brigham Young University Prelaw Review

The current system for setting the annual refugee admissions cap calls for consultation between the president and Congress; however, that consultation is not happening to the extent prescribed by the Refugee Act of 1980, an amendment to the Immigration and Nationality Act (the INA). We propose that the INA be modified such that the Committees on the Judiciary in the Senate and the House of Representatives must approve the president's proposed refugee cap by a two-thirds majority. Given the steadily worsening refugee crisis, this legislation is both timely and important. Our proposal will foster compromises between the executive and legislative …

Reevaluating The Constitutionality Of Blanket Primaries, Soren J. Schmidt

Brigham Young University Prelaw Review

I argue that the Supreme Court’s ruling in California Democratic Party v. Jones should be reconsidered and overturned, allowing states to adopt blanket-primary election systems. Given the crucial role that primaries play in the public process of elections, parties’ rights of association should not trump the right of the people to select their own representatives. In Jones, the Court applied a stricter constitutional test than necessary, leading to an erroneous conclusion. I demonstrate why a more flexible test would have been more appropriate for judging primary elections. Under this alternative test, public state interests are weighed against party rights injuries. …

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

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

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

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

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

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.