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Restoring Reputational Rights Through a Government Publication of a Declaration of Innocence
Get PDFIn a society that has become increasingly interconnected through advancements in technology, the stig matizing consequences of a false criminal accusation or conviction ca n be devastating. Ironically, unlike the technological advancements societ y has experienced, the ability to protect one’s reputation from such harm requires using the same limited remedies that existed decades ago. With few effective remedies available, those who have been falsely accused or convicted of a crime are without adequate ways to restore their reputations. To fill this remedial void, the federal government should create a forum whereby an individual’s innocence might be published as government speech. This approach incorporates the idea of protecting reputation through a declaration of innocence but differs in that this proposal seeks to incorporate the same technologies that have created societal interconnectedness to pronounce such innocence forcefully throughout society. This pronouncement will fill a void in re putational remedies by directly confronting and remedying the stigmatization such accusations and convictions create. This comment advocates the development of a declaration of innocence in the defamation context in order for the declaration to be transferred into the criminal law arena as a remedy for falsely accused or convicted plaintiffs to be decl ared innocent. This comment further endorses the idea of publicizing individual declarations of innocence on a government website, which declarations thereby become government speech. The government’s declaration of innocence publication has the powerful potential to restore reputational rights for accused or convicted of crimes. The tools to enable the development of this remedy are already in existence. This publication could create the necessary procedural foundation on which to emphasize the benefits of a substantive reputation right under the Due Process Clause that might be adopted to protect the reputational rights of the entire citizenry of this countr
Lobbying as a Strategy for Tribal Resilience
Get PDFIndian tribes have endured as separate governments despite the taking of their land, the forced relocation of their people, and the abrogation of their treaty rights. Many threats to tribal existence have stemmed from federal policies aimed at assimilating Indians into mainstream American society. In crafting these policies, members of Congress often relied on the input of non-Indians, including the Bureau of Indian Affairs. As a result, American Indians were largely left out of the federal policy–making process. This started to change in the 1970s when Congress adopted the Tribal Self-Determination Policy, which encouraged tribal participation in the creation of federal Indian policy. Tribes have responded to this opening of the political process by increasingly lobbying Congress. This Article explores how tribes have used legislative strategies to influence federal Indian policy. It demonstrates how tribes have used lobbying as a way to build resilience over time by influencing the development of federal Indian policies that protect tribal sovereignty. This Article emphasizes the role of American Indian voices in federal policy–making and shows how tribes have used legislative advocacy to initiate new policies, to reverse court decisions, and to oversee the implementation of existing policies. In conclusion, this Article considers some of the implications of this research for federal Indian law and interest group and advocacy studies more generally
Freedom of Association, Extreme Partisan Gerrymandering, Justiciability and the Unmistakable Political Question Controversy
Get PDF“More than a Chronological Fact”: Roper v. Simmons as an argument for moving away from Zero-Tolerance Discipline and toward Restorative Justice
Get PDFClark Memorandum: Fall 2019
Get PDFIn Essentials, Unity; in Nonessentials, Liberty; and in All Things, Charity Choose to Trust the Lord First Amendment Harms To Do Justly, and to Love Mercy Read on Issuuhttps://digitalcommons.law.byu.edu/clarkmemorandum/1065/thumbnail.jp
DAVIS COUNTY, Petitioner/Plaintiff, vs. PURDUE PHARMA, L.P., et al., Respondents/Defendants. : Brief of Appellant
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Interlocutory appeal from an order of the Honorable David M. Connorsin the Second Judicial District Cour
Scott Patterson, Petitioner-Appellant, v. State of Utah, Respondent-Appellee. : Supplemental Reply Brief of Appellant
Get PDFA direct appeal from the dismissal of postconviction claims entered in theSecond District Court, Case No. 160701113 (Farmington),the Honorable Thomas L. Kay presiding.
Appellant’s Supplemental Reply Brie
Melinda Watson, Petitioner/Appellant, v. Michael Watson, Respondent/Appellee : Brief of Appellee
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Appeal from Final Order of Dismissal of a Protective Order entered by Judge Michael S.Edwards of the Second District Court
ORAL ARGUMENT REQUESTE
THE SALT LAKE TRIBUNE and its reporter, MATTHEW PIPER, Plaintiff and Appellee, v. The UTAH STATE RECORDS COMMITTEE, Defendant, and BRIGHAM YOUNG UNIVERSITY, Intervenor and Appellant.
Get PDFBrief of Appellees the Salt Lake Tribune and Matthew Piper On Interlocutory Appeal from an Order in the Fourth Judicial District Court Case No. 160904365, The Honorable Laura S. Scott presidin