Brigham Young University

Brigham Young University Law School
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    43674 research outputs found

    Beacon or Bludgeon? Use of Regulatory Guidance by the Office for Civil Rights

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    BYU Law School Faculty Listing

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    An Originalist Defense of Plyler v. Doe

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    This Article offers a defense of the Supreme Court’s opinion in Plyler v. Doe based on the original public meaning of the Fourteenth Amendment when it was enacted in 1868. We argue that at that time, the Fourteenth Amendment granted certain rights, such as life, liberty, and possession of personal property, to immigrants under the Equal Protection and Due Process Clauses, but did not grant them the privileges and immunities of citizenship (e.g. all civil rights and the political right to vote). We also argue that public education is a right of all persons protected by the Due Process and Equal Protection Clauses and was protected at the time of the Fourteenth Amendment’s ratification. We thus conclude that the Fourteenth Amendment granted a free public school education to both citizens and immigrants from July 9, 1868, onward

    Geo Met Watch Corporation, Appellant, v. Alan Hall, Utah State University Research Foundation, Robert Behunin, Curtis Roberts, Utah State University Advanced Weather Systems Foundation and Scott Jensen, Appellees.

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    Opening Brief of Utah State University Advanced Weather Systems Foundation, Scott Jensen On certified questions from United States District Court, District of Utah The Honorable Jill N. Parrish, No. 1: 14-CV-0006

    Sean Kendall, Appellant, v. Brett Olsen, Lt. Brian Purvis, Joseph Allen Everett, Tom Edmundson, George S. Pregman, and Salt Lake City Corporation, Appellees.

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    Appeal From the Third Judicial District Court, Salt Lake County, Before the Honorable Heather Brereton and the Honorable William Barret

    State of Utah, Plaintiff/Appellee vs. Jessie Dean Sheffield, Defendant/Appellant

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    Appeal from a final judgment and conviction of the Carbon County Seventh District Court, entered by Judge Douglas B. Thoma

    State v. Jessie Dean Sheffield

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    Re: State v. Jessie Dean Sheffiel

    State of Utah, Plaintiff/Appellee, v. Daniel Wayne Fakatou, Defendant/Appellant.

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    Re: State v. Fakatou Appeal No. 20150328-C

    To: The Panel From: Karen Thompson

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    RE: State v. Cross, Case No. 20150444 Rule 23B Motion for Reman

    Intermountain Surgical, LLC, Petitioner / Appellant, vs. Whitney A. Nesbitt, Jacob C. Loveland, Ignacio Buenrostro, Ester Buenorostro, and Hon. Ryal I. Hansen Respondents / Appellees.

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    On Petition for Writ of Extraordinary Relief from the Order of the Honorable Royal I. Hansen, Third District Court Judge, Utah Case No. 16090213

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    Brigham Young University Law School is based in United States
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