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BYU Law Library
BYU Law Digital Commons Brigham Young University Law School

    Content Posted in 2014

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    A Biographical History of Mormon Women Lawyers, Jim Christensen

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    Academic Freedom and the Public School Teacher: An Exploratory Study of Perceptions, Policy, and the Law, Todd A. DeMitchell and Vincent J. Connelly

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    Access Granted: The Winkelman Case Ushers in a New Era in Parental Advocacy, Laura McNeal

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    Access to Public School Facilities for Religious Expression by Students, Student Groups and Community Organizations: Extending the Reach of the Free Speech Clause, Ralph D. Mawdsley

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    Accommodating Students With Disabilities: Testing Them on What They Know, Lisa Stamps-Jones

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    Across Four Aprils: School Finance Litigation in Virginia, Ashley McDonald Delja

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    A Desperate Grab for Free Rehab: Unilateral Placements under IDEA for Students with Drug and Alcohol Addictions, David S. Doty

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    Ad Majorem Dei Gloriam: A Performance-Based Argument for Educational Tuition Vouchers, Ronald J. Tocchini

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    Adopted Speech: Summum's Implications on Government-Sponsored, Student Speech, Landon Wade Magnusson

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    Advancing Education Through Education Clauses of State Constitutions, Robert M. Jensen false

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    Affirmative Action: Challenges and Opportunities, Jeramy R. Green

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    Affirmative Action Gone Haywire: Why State Laws Granting College Tuition Prefernces to Illegal Aliens Are Preempted by Federal Law, Ralph W. Kasarda

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    A Home with Dignity: Domestic Violence and Property Rights, Margaret E. Johnson

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    Akzo and the Debate on In-House Privilege in the European Union, Clinton R. Long

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    Albert “H” Christenson and His Lawyer Lineage, Richard Christenson

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    Alexander Doniphan, The Great Missourian Hero: An Analysis of Character in Action, Angela D. Lane

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    Aligning Corporate and Community Interests: From Abominable to Symbiotic, Barnali Choudhury

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    America Goes to School: Law, Reform, and Crisis in Public Education, E. Vance Randall

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    American Antitrust Jurisprudence Applied to European Commission v. Intel, Paul Jones

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    American Precedent, Australian Legislation—Are the Rules of Golf in Violation of Antitrust Law, Lynden Griggs and Leela Cejnar

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    A Model to Explain Microfranchising in Bottom of the Pyramid Markets, Robert J. Jensen and Chris Sutter

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    An Analytic Framework for Understanding and Evaluating the Fiduciary Duties of Educators, Brett G. Scharffs and John W. Welch

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    An Increased Role for the Department of Education in Addressing Federalism Concerns, Benton Martin

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    An Oral History of Christine Meaders Durham, John Jensen

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    Anti-Harassment Provisions Revisited: No Bright-Line Rule, Martha McCarthy

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    Anti-Monopoly Law in China: A Socialist Market Economy Wrestles with Its Antitrust Regime, Jared A. Berry

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    Antitrust Economics for Proof of Concerted Price-Fixing: Practical Points for U.S. and Korean Antiturst Jurisprudence, Chang-Su Choe

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    An Unreasonable Expectation? Warrantless Searches of Cell Phones, Michael V. Hinckley

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    A Personal Jurisdiction Dilemma: Collateral Attacks on Foreign Judgments in U.S. Recognition Proceedings, J. Chad Mitchell

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    A Plan for Compensating Student-Athletes, Steve Murphy and Jonathan Pace

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    Apologies and Corporate Governance in the Japanese Context -- Tatsum Tanaka's Sonna Shazai de wa Kaisha ga Abunai [Apologizing that Way Will Endanger Your Company], Colin P.A. Jones

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    Applying the "Paradox" Theory: a Law and Policy Analysis of Collective Bargaining Rights and Teacher Evaluation Reform from Selected States, Mark Paige J.D., Ph.D.

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    A Re-Analysis of the Legal, Political, and Social Landscape of Desegregation from Plessy v. Ferguson to Parents Involved in Community Schools v. Seattle School District No. 1, Stephen J. Caldas and Carl L. Bankston III

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    A Review of The Law and Teacher Employment, Douglas F. Bates

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    "Art for a Better Life:" A New Image of American Legal Education, Kara Abramson

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    Asbestos Abatement in the Public Schools: Who Gets the Bill?, Derek D. Rapier

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    As Greece Goes, so Goes the E.U.: Defending Europe with a Sovereign Debt Restructuring Framework, Elizabeth H. Dahill

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    Assessing Agostini v. Felton in Light of Lemon v. Kurtzman: The Coming of Age in the Debate Between Religious Affiliated Schools and State Aid, R. Craig Wood and Michael C. Petko

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    A Struggle of Foreign Policy, State Power, and Academic Freedom: Faculty Senate of Florida International University v. Florida, Joy Blanchard

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    A Study on the Development of a Global Community from a Legal Perspective, Sung-Soo Han

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    A Survey of How Law Schools Cope with Unexpected Faculty Deaths, Illnesses, and Resignations, Robert M. Jarvis and Phyllis G. Coleman

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    A Survey of Recent Employment Disputes of Educators Engaged in Serving English Language Learners, Scott Ellis Ferrin

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    A Trade-off that Becomes a Rip-off: When Schools Can't Regulate Cyberbullying, Stacie A. Stewart

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    A Two-Edged Sword: The Economy Cooperation Framework Agreement Between the Republic of China and the People's Republic of China, Chi-An Chou

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    Backing Up the Bus: Can We Ever Retreat from Desegregation?, Keith Woodwell

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    Back to Bakke: Affirmative Action Revisited in Educational Diversity, Dawn R. Swink

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    Balancing Motherhood and the Law: A Collection of Biographies of Women Who Gave Birth While Attending the J. Reuben Clark Law School, Katrina Bagley Brown

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    BAMN! The Sixth Circuit Strikes Down Michigan's Proposal 2, J. Kevin Jenkins and Pamela Larde

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    Binkies, Boy Scouts and Billables: How Mormon Attorneys Balance Their Home, Church, and Work Lives, Erika Backlund

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    Biography of Judge Thomas B. Griffith, Patrick Utley

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    Boomerang Litigation: How Convenient Is Forum Non Conveniens in Transnational Litigation?, M. Ryan Casey and Barrett Ristroph

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    Brazil Enacts New Federal Bankruptcy Law, Gilberto Deon Correa and Ricardo C. Veirano

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    Brazil Presses Forward with Economic Reform, Solidifying a Fresh Start, C. Gabriel Sanchez and Augusto Perez

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    Bringing a Church out of Darkness: How LDS Attorneys and Graduates of the J. Reuben Clark Law School Have Helped Improve the Reputation of the LDS Church, Jeremy Hindman

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    By Reason Thereof: Causation and Eligibility Under the Individuals with Disabilites Education Act, Katherine May

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    BYU Law Class Reunion Books: The Patterns of BYU Law Graduates: Classes of 1978, 1983, 1988 and 1993, Chris Hardy

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    Can a Private Educational Association ever be Liable under 42 U.S.C. Section 1983 for Depriving an Individual of Fourteenth Amendment Due Process Rights after NCAA v. Tarkanian?, Samuel Perry Swanberg

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    Can Retributivism be Saved?, Chad Flanders

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    Can Students be Disciplined for Off-campus Cyberspeech?: The Reach of the First Amendment in the Age of Technology, Allan G. Osborne Jr. and Charles J. Russo

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    Career Choices and Paths of JD/MBA Graduates, Scott Washenko

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    Caveat Lessor: U.S. Aircraft Financiers Beware: 11 U.S.C. § 1110 Expectations May Not Be Met in Cross-Border Insolvencies, Kevin Gaunt

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    Change and Continuity: A Historical Perspective of Campus Search and Seizure Issues, Dana E. Christman

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    Charter School Accountability: Legal Considerations Concerning Nonrenewal and Revocation Procedures, Suzanne E. Eckes, Jonathan A. Plucker, and Sarah A. Benton

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    Charting Their Own Path: The Latter-day Saint Female Lawyer, Jessica Johnston

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    Cheater's Proof: Excessive Judicial Deference toward Educational Testing Agencies May Leave Accused Examinees No Remedy to Clear Their Names, Aron E. Goldschneider

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    Civil Liability for Misstatements in Offer Documents: Striking the Right Balance, Joanna Khoo

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    Clark Memorandum: Fall 1986, J. Reuben Clark Law School and J. Reuben Clark Law Society

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    Clark Memorandum: Fall 1988, J. Reuben Clark Law Society of the J. Reuben Clark Law School

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    Clark Memorandum: Fall 1990, J. Reuben Clark Law Society and J. Reuben Clark Law School

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    Clark Memorandum: Fall 1991, J. Reuben Clark Law Society and J. Reuben Clark Law School

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    Clark Memorandum: Fall 1992, J. Reuben Clark Law Society and J. Reuben Clark Law School

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    Clark Memorandum: Fall 1993, J. Reuben Clark Law Society and J. Reuben Clark Law School

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    Clark Memorandum: Fall 1994, J. Reuben Clark Law Society and J. Reuben Clark Law School

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    Clark Memorandum: Fall 1995, J. Reuben Clark Law Society and J. Reuben Clark Law School

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    Clark Memorandum: Fall 1996, J. Reuben Clark Law Society and J. Reuben Clark Law School

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    Clark Memorandum: Fall 1997, J. Reuben Clark Law Society and J. Reuben Clark Law School

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    Clark Memorandum: Fall 1999, J. Reuben Clark Law Society and J. Reuben Clark Law School

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    Clark Memorandum: Fall 2000, J. Reuben Clark Law Society and J. Reuben Clark Law School

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    Clark Memorandum: Fall 2001, J. Reuben Clark Law Society and J. Reuben Clark Law School

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    Clark Memorandum: Fall 2002, J. Reuben Clark Law Society and J. Reuben Clark Law School

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    Clark Memorandum: Fall 2003, J. Reuben Clark Law Society and J. Reuben Clark Law School

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    Clark Memorandum: Fall 2004, J. Reuben Clark Law Society and J. Reuben Clark Law School

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    Clark Memorandum: Fall 2005, J. Reuben Clark Law Society, BYU Law School Alumni Association, and J. Reuben Clark Law School

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    Clark Memorandum: Fall 2006, J. Reuben Clark Law Society, BYU Law School Alumni Association, and J. Reuben Clark Law School

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    Clark Memorandum: Fall 2007, J. Reuben Clark Law Society, BYU Law School Alumni Association, and J. Reuben Clark Law School

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    Clark Memorandum: Fall 2008, J. Reuben Clark Law Society, BYU Law School Alumni Association, and J. Reuben Clark Law School

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    Clark Memorandum: Fall 2009, J. Reuben Clark Law Society, BYU Law School Alumni Association, and J. Reuben Clark Law School

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    Clark Memorandum: Fall 2010, J. Reuben Clark Law Society, BYU Law School Alumni Association, and J. Reuben Clark Law School

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    Clark Memorandum: Fall 2011, J. Reuben Clark Law Society, BYU Law School Alumni Association, and J. Reuben Clark Law School

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    Clark Memorandum: Fall 2012, J. Reuben Clark Law Society, BYU Law School Alumni Association, and J. Reuben Clark Law School

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    Clark Memorandum: Fall 2013, J. Reuben Clark Law School, BYU Law School Alumni Association, and J. Reuben Clark Law Society

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    Clark Memorandum: Spring 1990, J. Reuben Clark Law Society and J. Reuben Clark Law School

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    Clark Memorandum: Spring 1991, J. Reuben Clark Law Society and J. Reuben Clark Law School

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    Clark Memorandum: Spring 1992, J. Reuben Clark Law Society and J. Reuben Clark Law School

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    Clark Memorandum: Spring 1993, J. Reuben Clark Law Society and J. Reuben Clark Law School

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    Clark Memorandum: Spring 1994, J. Reuben Clark Law Society and J. Reuben Clark Law School

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    Clark Memorandum: Spring 1995, J. Reuben Clark Law Society and J. Reuben Clark Law School

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    Clark Memorandum: Spring 1996, J. Reuben Clark Law Society and J. Reuben Clark Law School

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    Clark Memorandum: Spring 1997, J. Reuben Clark Law Society and J. Reuben Clark Law School

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    Clark Memorandum: Spring 1999, J. Reuben Clark Law Society and J. Reuben Clark Law School

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    Clark Memorandum: Spring 2000, J. Reuben Clark Law Society and J. Reuben Clark Law School

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    Clark Memorandum: Spring 2001, J. Reuben Clark Law Society and J. Reuben Clark Law School

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    Clark Memorandum: Spring 2002, J. Reuben Clark Law Society and J. Reuben Clark Law School

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    Clark Memorandum: Spring 2003, J. Reuben Clark Law Society and J. Reuben Clark Law School

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    Clark Memorandum: Spring 2004, J. Reuben Clark Law Society and J. Reuben Clark Law School

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    Clark Memorandum: Spring 2005, J. Reuben Clark Law Society, BYU Law School Alumni Association, and J. Reuben Clark Law School

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    Clark Memorandum: Spring 2006, J. Reuben Clark Law Society, BYU Law School Alumni Association, and J. Reuben Clark Law School

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    Clark Memorandum: Spring 2007, J. Reuben Clark Law Society, BYU Law School Alumni Association, and J. Reuben Clark Law School

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    Clark Memorandum: Spring 2008, J. Reuben Clark Law Society, BYU Law School Alumni Association, and J. Reuben Clark Law School

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    Clark Memorandum: Spring 2009, J. Reuben Clark Law Society, BYU Law School Alumni Association, and J. Reuben Clark Law School

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    Clark Memorandum: Spring 2010, J. Reuben Clark Law Society, BYU Law School Alumni Association, and J. Reuben Clark Law School

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    Clark Memorandum: Spring 2011, J. Reuben Clark Law Society, BYU Law School Alumni Association, and J. Reuben Clark Law School

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    Clark Memorandum: Spring 2012, J. Reuben Clark Law Society, BYU Law School Alumni Association, and J. Reuben Clark Law School

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    Clark Memorandum: Spring 2013, J. Reuben Clark Law Society, BYU Law School Alumni Association, and J. Reuben Clark Law School

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    Clark Memorandum: Spring 2014, J. Reuben Clark Law School, BYU Law School Alumni Association, and J. Reuben Clark Law Society

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    Clark Memorandum: Spring/Summer 1987, J. Reuben Clark Law School and J. Reuben Clark Law Society

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    Clark Memorandum: Spring/Summer 1998, J. Reuben Clark Law Society and J. Reuben Clark Law School

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    Clark Memorandum: Winter 1998, J. Reuben Clark Law Society and J. Reuben Clark Law School

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    CoCo Rising: Can the Emergence of Novel Hybrid Securities Protect From Future Liquidity Crises?, Eric S. Halperin

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    Coming Full Circle: A Biography of David V. Sanderson, Ian Camp

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    Compensation for "Measures Tantamount to Expropriation" Under NAFTA: What It Means and Why It Matters, Jeffrey Turk

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    Conflict on the United States Supreme Court: Judicial Confusion and Race-Conscious School Assignments, Philip T. K. Daniel and Mark A. Gooden

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    Confusing Means with Ends: How the Ninth Circuit Continues the Tradition of Mistaking Diversity as an End in Parents Involved in Community Schools v. Seattle School District, No. 1, Maria Funk Miles

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    Conglomerating Antitrust Policy by Comparative Example: A Conceptual Analysis of Merger Regulation in the United States, Japan, and the European Union, Jonathan T. Trexler

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    Congressional Attention Needed for the "Stay-Put" Provision of the Individuals with Disabilities Education Act, Trent D. Nelson false

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    Congress' New IDEA In Special Education: Permitting A Private Right of Action Against State Agencies, Christopher Dean Greenwood

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    Constitutional Interpretation and History: New Originalism or Eclecticism?, Stephen M. Feldman

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    Constitutionality of Home Education: How the Supreme Court and American History Endorse Parental Choice, Chad Olsen

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    Constraints of the Agreement on South Asian Free Trade Area and SAARC Agreement on Trade in Services Militating Against Sub-Regional Trade Proliferation in South Asia, Rizwanul Islam

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    Contracts, Control and Charter Schools: The Success of Charter Schools Depends on Stronger Nonprofit Board Oversight to Preserve Independence and Prevent Domination by For-Profit Management Companies, Julia L. Davis

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    Cooperative Federalism Post-Schaffer: The Burden of Proof and Preemption in Special Education, Lara Gelbwasser Freed

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    Copyright and Democratization in Africa, John Mukum Mbaku

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    Copyrights: The Law, the Teacher, and the Principal, Gloria Jean Thomas

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    Copyright Violation and Personal Liability in Education: A Current Look at "Fair Use", John Wm. Maddox

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    Corporate Governance in China: How Does the State Influence its Own Enterprises?, Kan Zhang

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    Corporate Governance. Strategy. And Supply Management Performance: An Empirical Analysis of Companies Listed in the São Paulo Stock Exchange, Wesley Mendes-da-Silva and Ervin L. Black

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    Creating Crimmigration, César Cuahtémoc García Hernández

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    Creating Legally Valid School Administrator Evaluation Policy in Utah, Steve Baldridge

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    Creative Commons. CC-Plus, and Hybrid Intermediaries: A Stakeholder's Perspective, Guido Russi

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    Cross-Border Bankruptcy and the Cooperative Solution, Leah Barteld

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    Data Protection: The Challenges Facing Social Networking, Daniel B. Garrie, Maureen Duffy-Lewis, Rebecca Wong, and Richard L. Gillespie

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    Dean Carl Hernandez III: A Lifetime of Serving by the Spirit, Su’e Tervola

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    Defamation is More than Just a Tort: a New Constitutional Standard for Internet Student Speech, Reesa Miles

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    Defending the Preponderance of the Evidence Standard in College Adjudications of Sexual Assault, Amy Chmielewski

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    Denying Special Education in Adult Correctional Facilities: A Brief Critique of Tunstall v. Bergeson, Thomas A. Mayes

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    Desegregating Resegregation Efforts: Providing All Students Opportunities to Excel in Advanced Mathematics Courses, Spencer C. Weiler and Susan Walker

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    Determining Adequacy: How Courts Are Redefining State Responsibility for Educational Finance, Goals, and Accountability, Regina R. Umpstead

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    Dictionaries Fail: The Volcker Rule's Reliance on Definitions Renders it Ineffective and a New Solution is Needed to Adequately Regulate Proprietary Trading, R. Rex Chatterjee

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    Digital Music: Educational Issues, John Faust

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    Diminished Rights of Parents to Seek Reimbursement Under the IDEA for Unilateral Placement of Their Children in Private Schools, Ralph D. Mawdsley

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    Discipline: An Academic Dean's Perspective on Dealing with Plagiarism, Kevin J. Worthen

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    Disciplining Students with Disabilities: A Comparative Analysis of K-12 and Higher Education, Joseph T. DiMaria

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    Disciplining Students with Disabilities: Problems Under the Individuals with Disabilities Education Act, Gail Jensen

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    Disincentivizing Elder Abuse Through Disinheritance: Revamping California Probate Code § 259 and Using It as a Model, Travis Hunt

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    Dissing Disabilities: A Student's Duty to Mitigate Maladies, J. J. Knauff

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    Diversity in Higher Education: The Consideration of Race in Hiring University Faculty, Suzanne E. Eckes

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    Does Climate Change Justify Compulsory Licensing of Green Technology?, Robert Fair

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    Domestic Asset Protection Trusts: A Threat to Child Support?, Trent Maxwell

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    Drawing the Lines: Pushing Past Arlington Heights and Parents Involved in School Attendance Zone Cases, Rebecca M. Abel

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    Drilling Down: New York, Hydraulic Fracturing, and the Dormant Commerce Clause, Meredith A. Wegener

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    Early Utah Territory and State Lawyers, James H. Backman and Stanley J. Preston

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    Editor's Note, Robert C. Avery

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    Educating our Future: An Analysis of Sex Education in the Classroom, Michael J. Fucci

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    Educational Federalism: A New Case for Reduced Federal Involvement in K-12 Education, Aaron Lawson

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    Educational Justice and the Recognition of Marriage, Scott FitzGibbon

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    Educational Malpractice: Given the National Goals for Education, are Courts Prepared to Recognize this Cause of Action?, Russell K. Smith

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    Education Funding and the Alabama Example: Another Player on a Crowded Field, John Herbert Roth

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    Education of the Prof: A Work in Progress, Michael A. Mogill

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    Education Reform and Education Quality: Is the Reconstitution the Answer?, Kelly C. Rozmus

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    Effect of United States v. Williams on the Offshore Voluntary Disclosure Program, Steven Ferraro

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    Board of Trustees of the Univeristy of Alabama v. Garrett and the Equal Education Opportunity Act: Another Act Bites the Dust, Geoffrey Landward

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    Brown v. Board of Education and the No Child Left Behind Act: Competing Ideologies, Dana J. Nichols

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    Buckhannon, Special Education Disputes, and Attorneys' Fees: Time for a Congressional Response Again, Stefan R. Hanson

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    Dean v. Utica Community Schools: An Arrow Through the Heart of School Administrative Control Over Student Expression in School Newspapers, Charles B. Upton II

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    DeRolph v. State and Ohio's Long Road to an Adequate Education, Larry J. Obhof

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    New Jersey v. T.L.O.: School Searches and the Applicability of the Exclusionary Rule in Juvenile Delinquency and Criminal Proceedings, Bryan Stoddard

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    Employment, Sexual Orientation, and Religious Beliefs: Do Religious Educational Institutions Have a Protected Right to Discriminate in the Selection and Discharge of Employees?, Ralph D. Mawdsley

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    Roosevelt v. Bishop: Balancing Local Interests with State Equity Interests in School Financing, Hinckley A. Jones-Sanpei

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    Sain v. Cedar Rapids Community School District: Providing Special Protection for Student-Athletes?, Patricia Abbott

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    Selman and Kitzmiller and the Imposition of Darwinian Orthodoxy, Robert J. D'Agostino

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    Sturrup v. Mahan and its Progency: Is There a Constitutional Right to Play High School Basketball in Indiana?, Christopher D. Keeler

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    Equality Before the Law: An Exploration of the Pursuit of Government Funding by Muslim Schools in Britain, Marie Parker-Jenkins

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    Establishing a Culture of Compliance: Applying Corporate Compliance Principles to a Unversity Setting, J. Derek Kearl

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    Evading the No Child Left Behing Act: State Strategies and Federal Complicity, Evan Stephenson

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    Everything I Wanted To Know About Teaching Law School I Learned From Being a Kindergarten Teacher: Ethics in the Law School Classroom, Debra Moss Curtis

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    Examining Context in the Conflict over Same-Sex Marriage and Education: The Relevance of Substance, Process and the People Involved, Richard Peterson

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    Exclusion from the Educational Process in the Public Schools: What Process is Now Due, Larry Bartlett and James McCullagh

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    Executive Action in the Face of Congressional Inaction: Education Waivers Circumventing the Legislative Process, Courtney K. Morgan

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    Far From Home, Nathan Archibald

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    Federalism and International Trade: The Intersection of the World Trade Organization's Government Procurement Act and State "Buy Local" Legislation, Amol Mehra

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    Felony Copyright Infringement in Schools, Steven K. Barton

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    Financial Services in the United States and United Kingdom: Comparative Approaches to Securities Regulation and Dispute Resolution, Cory Alpert

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    Finding a Silver Lining: The Positive Impact of Looking Beyond Race Amidst the Negative Effects of Proposition 209, Ian Wang

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    Finding Success in the "Cauldron of Competition:" The Effectiveness of Academic Support Programs, Leslie Yalof Garfield and Kelly Koenig Levi

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    Fixing Alabama's Public School Enrollment Requirements in H.B. 56: Eliminating Obstacles to an Education for Unauthorized Immigrant Children, Sean Mussey

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    Flexible Arbitration for the Developing World: Piero Foresti and the Future of Bilateral Investment Treaties in the Global South, Andrew Friedman

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    Foreign Direct Investment in Post-War Iraq: An Investor's Introductory Guide to the Legal Framework, Jordan E. Toone

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    Foreign Institutional Investment in India: What a Portfolio Manager Needs to Know About the Past, Present, and Potential Future of India, Amelia Ames

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    Forging New Partnerships: Teacher Unions and Educational Reform in the 90s, David S. Doty

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    Forming the Human Person: Can the Seminary Model Save the Legal Profession?, Stephen M. Siptroth

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    For the Times they Are A-Changin': Explaining Voting Patters of U.S. Supreme Court Justices through Identification of Micro-Publics, Jeff Yates, Justin Moeller, and Brian Levey

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    Forward, Orrin G. Hatch

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    Franklin S. Richards, Blake Richards

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    Free Appropriate Public Education Under the Individuals with Disabilities Education Act: Requirements, Issues and Suggestions, Martin W. Bates

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    Freedom of Religion in China Under the Current Legal Framework and Foreign Religious Bodies, Ping Xiong

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    Freedom of the Press: How University Newspapers Have Fared in the Face of Challenges From Students, Administrators, Advertisers, and State Legislatures, Lisa Bohman

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    From St. Johns to Chicago: Rex E. Lee’s Early Life, Brigham L. Udall

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    Functional Behavioral Assessment: Process Without Procedure, Cynthia A. Dieterich and Christine J. Villani

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    Future Incorporation of the U.N. Convention on the Rights of Children into the United States Education System: Case Study of Ohio Department of Education and Sex Education Battle, Alysson Russell

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    Gangs in Public Schools: A Survey of State Legislation, Jesse Christopher Cheng

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    Gay/Straight Alliances and Other Controversial Student Groups: A New Test for the Equal Access Act, Susan Broberg

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    Genetically Modified Foods in the International Arena: Trade Conflicts, Labeling Controversy, and the Importance of Informed Consumer Choice, Ilona M. Deminina

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    George Soros' New Paradigm for Financial Markets

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    Getting Parents Involved in Racially Integrated Schools, Cara Sandberg

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    Globalizing & De-Hermeticizing Legal Education, Robert J. Morris

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    Governança Corporativa, Estratégia e Desempenho da Gestão de Supreminetos: Uma Análise Empírica com Indústrias Listadas na Bovespa

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    Grey Areas in the Higher Education Sector: Legality versus Corruptibility, Ararat L. Osipian

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    Guarding the Dumping Ground: Equal Protection, Title VII and Justifying the Use of Race in the Hiring of Special Educators, Patrick Linehan

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    Harm to Competition and the Competitive Process: a Circular Charade in the LIBOR Antitrust Litigation, Sharon E. Foster

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    Hedge Funds: The Case Against Increased Global Regulation in Light of the Subprime Mortgate Crisis, Laszlo Ladi

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    Helping Students Who Can't Help Themselves: Special Education and the Deliberate Indifference Standard for Title IX Peer Sexual Harassment, Annette Thacker

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    High School Exit Exams Meet IDEA—An Examination of the History, Legal Ramifications, and Implications for Local School Administrators and Teachers, Jennifer R. Rowe

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    High Stakes Testing Law and Litigation, Paul T. O'Neill

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    Highway Robbery Online: Is E-rate Worth the Fraud?, Jonathoan Meer

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    How Educators Can More Effectively Understand and Combat the Plagiarism Epidemic, David A. Thomas

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    How Random and Suspicionless May School Searches Be?: Doubting Joy v. Penn-Harris-Madison School Corporation, Jon Eskelsen

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    Identifying, Understanding, and Resolving Legal and Operational Issues in Outsourcing--Bharat Vagadia's Outsourcing to India: A Legal Handbook, ILMR Editors

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    Implementation and Modification of Title IX Standards: The Evolution of Athletics Policy, Robert R. Hunt

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    Implementing the E.U. Unified Patent Court: Lessons from the Federal Circuit, Robert D. Swanson

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    Implementing the USA Patriot Act: A Case Study of the Student and Exchange Visitor Information System (SEVIS), Kam C. Wong

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    Implications of Buckhannon Board & Care Home, Incorporated v. West Virginia Department of Health and Human Resources for Due Process under the Individuals with Disabilities Education Act, Jennifer R. Rowe

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    Improving the Teachings of School Law: A Call for Dialogue, Suzanne R. Painter

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    Incorporating Fourth Amendment Standards in a Model Policy for School Officials Use of Force to Restrain & Detain Students, Sean Croston

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    Independent Creation and Originality in the Age of Imitated Reality: A Comparative Analysis of Copyright and Database Protection for Digital Models of Real People, Bryce Clayton Newell

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    Informational Advantages in an International World—Kurtzman & Yago's Global Edge: Using the Opacity Index to Manage the Risks of Cross-Border Business, ILMR Editors

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    In Memoriam: Dr. F. Del Wasden (1934-1999)

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    Innovations in the War on Tax Evasion, Tracy A. Kaye

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    In-State Tuition and Illegal Immigrants: An Analysis of Martinez v. Regents of the University of California, Kyle William Colvin

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    Institutional Religious Exemptions: A Balancing Approach, Leilani N. Fisher

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    Intellectual Property Without Borders? The Effect of Copyright Exhaustion on Global Commerce, Diepiriye A. Anga

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    Intent v. Practice: Incentives and Disincentives for Child Abuse Reporting by School Personnel, Jane Rosien, Lelia Helms, and Carolyn Wanat

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    International Customary Law and Articulation Theories: An Economic Analysis, Vincy Fon and Francesco Parisi

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    International Data Privacy lawws and the Protectors of Privacy, ILMR Editors

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    International Local Government Law: The Effect of NAFTA Chapter 11 on Local Land Use Planning, Brynn Olsen

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    Internet Speech and the First Amendment Rights of Public School Students, Leora Harpaz

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    In the Wake of Lee v. Weisman: The Future of School Graduation Prayer is Uncertain at Best, Stephen M. Durden

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    In the Weeds with Thomas: Morse, in loco parentis, Corporal Punishment, and the Narrowest View of Student Speech Rights, William C. Nevin

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    Introduction to Symposium Issue: The Impact of Same-Sex Marriage on Education

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    Is Home Schooling Constitutional?, Wendy Wheeler

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    Is the Clean Water Act's Diligent Prosecution Bar Jurisdictional? A Journey into Discovering Congressional Intent, Szonja Ludvig

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    James B. Conant: A Giant on Academe's Left, Right and Center, Book Review of James B. Conant, Harvard to Hiroshima and the Making of the Nuclear Age by James G. Hershberg, Jeffrey O'Connell false and Thomas E. O'Connell

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    James H. Backman: Disruptive Innovator of Legal Education, Cory S. Clements

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    J. Reuben Clark Memo: Fall 1978, Brigham Young University School of Law

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    J. Reuben Clark Memorandum: Spring 1986, J. Reuben Clark Law School and J. Reuben Clark Law Society

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    J. Reuben Clark Memo: Spring 1979, Brigham Young University School of Law

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    Judicial Activism and the Administration of Civil Rights Policy, Kenyon D. Bunch and Grant B. Mindle

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    Judicial Clarity: Giving Teeth to the Application of Federal Disability Laws in Charter Schools, Sarah Wieselthier Esq.

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    Jury Nullification as a Tool to Balance the Demands of Law and Justice, Aaron McKnight

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    Keeping Promises: An Examination of Charter Schools' Vulnerability to Claims for Educational Liability, Julie F. Mead and Preston C. Green III

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    Keeping Score: How Universities Can Comply with Title IX without Eliminating Men's Collegiate Athletics Programs, Patrick J. McAndrews

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    Keep the License Agreements Coming: The Effects of J.E.M. Ag Supply, Incorporated v. Pioneer Hi-Bred International, Incorporated on Universities' Use of Intellectual Property Laws to Protect Their Plant Genetic Research, Timothy P. Daniels

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    Keith N. Hamilton: Black Mormon Pioneer, Michael Joe Silva

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    Law Enforcement Officers in Public Schools: Student Citizens in Safe Havens?, Jacqueline A. Stefkovich and Judith A. Miller

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    Law Schools Cannot Be Effective in Isolation, Elizabeth Rindskopf Parker and Sarah E. Redfield

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    Law Student Plagiarism: Why It Happens, Where It's Found, and How to Find It, Kristin Gerdy

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    Learning Like Lawyers: Addressing the Differences in Law Student Learning Styles, Eric A. DeGroff and Kathleen A. Mckee

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    Learning Together: Using ADR to Improve Communication and Collaboration in Education, Clayton Cox

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    Legal and Ethical Issues Related to the Use of the Internet in K-12 Schools, Nancy Willard

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    Legal Issues in Secondary School Athletics, Jearlene Leishman

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    Legal Issues in Teacher Evaluation Legislation: A Study of State Statutory Provisions, Carole A. Veir and David L. Dagley

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    Legal Reform in an Electronic Age: Analysis and Critique of the Construction and Operation of S. 487, The Technology, Education and Copyright Harmonization (TEACH) Act of 2001, Tomas A. Lipinski

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    Lessons from Germany: Improving on the U.S. Model for Corporate Governance, Tien Glaub

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    Liability for Student-to-Student Sexual Harassment Under Title IX in Light of Davis v. Monroe County Board of Education, George M. Rowley

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    Liberal Democracy and the Right to Religious Freedom, Aldir Guedes Soriano

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    Life History of Hyrum Smith and Lexia Curtis Harris: With an Emphasis on Their Accomplishments in the Field of Law, Michael C. Austin

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    Life, Liberty, and the Pursuit of Luxury: eBay's Liability for Contributory Trademark Infringement in the United States, Germany, and France, Sofia H. Ahmed

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    Make an Investment in our School Children: Increase the Nutritional Value of School Lunch Programs, Clint G. Salisbury

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    Making a Case for a Age-Sensitive Establishment Clause Test, Chelsea Chaffee

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    Making Enemies out of Educators: The Legal and Social Consequences of Disclosing New York City Teacher Data Reports, Frank G. Barile

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    Making Sense of the Inclusion Debate Under IDEA, Stacey Gordon

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    Marion George Romney: An Overview of His Life with a Focus on His Friendship with J. Reuben Clark, Jr., Tyler Cobabe

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    Masthead

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    Masthead

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    Masthead

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    Masthead

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    Masthead

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    Masthead

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    Matthew Cowley’s Record as a Mormon Lawyer, Jacques Henri Clemente

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    Members Only: Undocumented Students & In-State Tuition, Angela M. Banks

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    Mercy in Immigration Law, Allison Brownell Tirres

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    Mistaking U.S. Citizenship, Jorge Gavilanes

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    Modding: Amateur Authorship and How the Video Game Industry is Actually Getting It Right, Ryan Wallace

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    Models for School Board Policy Development: Rationalism, Empiricism and the New Science, Steve Baldridge

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    Monitoring a Game of Winks, Nods, and Risk: Derivatives Regulation in the E.U. and Poland, Robert F. Schwartz

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    Monopoly—University Edition: The Case for Student Housing Independence, Jeremy Rovinsky J.D.

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    Morals Clauses for Educators in Secondary and Postsecondary Schools: Legal Applications and Constitutional Concerns, Marka B. Fleming, Amanda Harmon-Cooley, and Gwendolyn Mcfadden-Wade

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    Morris K. Udall, Anna Miles

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    “Mountain Common Law”: Extralegal Punishment of Seducers in Early Utah in Historical Perspective, Kenneth L. Cannon II

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    Much Ado About Nothing: Looking Past the Drama of the Sarbanes-Oxley Act and Reevaluating the U.S. Delisting Trend Among Non-U.S. Firms, Kalani A. Morse

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    Multiculturalism and Feminism for Hispanic Immigrant Women Accused of Drug Crimes, Kathryn Duque Lenhart

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    Municipal Manifest Destiny: Constitutionality of Unilateral Municipal Annexations, Dustin Cammack

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    Negotiating a Commercial "Most Favored Nation" Clause, Stirling Adams

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    NEPA and Indirect Effects of Foreign Activity: Limiting Principles from the Presumption Against Extraterritoriality and Transnational Lawmaking, David Heywood

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    Nervous Laughter and the High Cost of Equality: Renewing "No Child Left Behind" Will Safeguard a Vibrant Federalism and a Path Toward Educational Excellence, Anthony Consiglio

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    New Jersey's Opportunity Scholarship Act: A Step in the Right Direction, Joseph W. Catuzzi

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    New York's Unwelcoming Harbor: The New York Convention's Inapplicability to Claims Arising from Seamen's Employment, Jarred Pinkston

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    No Educator Left Unscathed: How No Child Left Behind Threatens Educators' Careers, Timothy P. Crisafulli

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    Not LOL: Legal Issues Encountered During One High School's Response to Sexting, R. Stewart Mayers Ph.D. and Mike F. Desiderio Ph.D.

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    Off-Campus Cyberbullying: First Amendment Problems, Parameters, and Proposal, David R. Hostetler

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    Old Enough to be My Father: Starting Law School and Legal Practice Later in Life, Daniel Vazquez

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    On Student Rights in the Year of Brown: A Legal, Psychological, and Policy Analysis, A. J. Angulo and Carol Marchel

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    Options for Local School Districts Reviewing Local Governance and Moral Issues Raised by the Equal Access Act: The Gay-Straight Student Alliance in Utah, Matthew Hilton

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    Orval Hafen: Southern Utah Lawyer, David L. Watson

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    Outside the Lines: The Case for Socioeconomic Integration in Urban School Districts, Taryn Williams

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    Outsourcing Information Technology to India: Explaining Patterns of Foreign Direct Investment and Contracting in the Software Industry, Michael J. Meehan

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    Parental Rights and the State Regulation of Religious Schools, Matthew Steilen

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    Parental Rights Movement on Utah's Capitol Hill Should Not Make Gains at the Expense of the State's Children, David B. Dibble

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    Parents, Religious Convictions, and Public School Curricula, Mark Strasser

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    Part Time Soldiers: Deploying Adjunct Faculty in the War Against Student Plagiarism, Kenneth H. Ryesky

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    PDA, FMLA, and Beyond: A Brief Look at Past, Present, and Future Sex Discrimination Laws and Their Effects on the Teaching Profession, Sean Stewart

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    Perspectives on Fisher v. University of Texas and the Strict Scrutiny Standard in the University Admissions Context, Michael Poreda

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    Peru-U.S. Free Trade Agreement, Ricardo Y. Sallis

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    PIAC (Pee in a Cup) – The New Standardized Test for Student-Athletes, Sara Young

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    Pieces of PICO: Saving Intellectual Freedom in the Public School Library, Richard J. Peltz

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    Pioneers Who Paved the Way: A Look at Some of Utah’s First Women Lawyers, Stacie Stewart and Kristen Olsen

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    Planting Seeds of Order: How the State Can Create, Shape, and Use Customary Law, Bryan H. Druzin

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    Pluralism, Private Schools and Public Policy, E. Vance Randall

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    Policy Responses to Violence in Our Schools: An Exploration of Security as a Fundamental Value, Todd A. DeMitchell and Casey D. Cobb

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    Prayer at Public School Graduation Ceremonies: An Exercise in Futility or a Teachable Moment?, Charles J. Russo

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    Preparing Multinational Companies for Transfer Pricing Audits of Intangibles, Thomas C. Pearson

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    Preserving the Establishment Clause: One Step Forward and Two Steps Back, Martha McCarthy

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    Privacy Rights, School Choice, and the Ninth Amendment, Lawrence Lee Oldaker

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    Privatization of Space Ventures: Proposing a Proven Regulatory Theory for Future Extraterrestral Appropriation, Jonathan Thomas

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    Proceed at Your Own Risk: The Balance between Academic Freedom and Sexual Harassment, John E. Matejkovic and David A. Redle

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    Project Finance Investors: Solution to Populismo, Jenny Small

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    Promoting Impartiality of International Commercial Arbitrators through Chinese Criminal Law: Arbitration by "Perversion of Law", Deng Ruiping and Duan Xiaosong

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    Promoting Racial Equality through Equal Educational Opportunity: The Case for Progressive School-Choice, Brian P. Marron

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    Protecting Access to Extracurricular Activites: The Need to Recognize a Fundamental Right to a Minimally Adequate Education, Nicholas A. Palumbo

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    Psychology and Law in the Classroom: How the Use of Clinical Fads in the Classroom may Awaken the Educational Malpractice Claim, Brian J. Gorman, Catherine J. Wynne, Christopher J. Morse, and James T. Todd

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    Public Education and Student Privacy: Application of the Fourth Amendment to Dormitories at Public Colleges and Universities, Bryan R. Lemons

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    Public Lands and the Federal Government's Compact-Based "Duty to Dispose": A Case Study of Utah's H.B.148–The Transfer of Public Lands Act, Donald J. Kochan

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    Public School Dress Codes: The Constitutional Debate, Amy Mitchell Wilson

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    Public Schools and Urinalysis: Assessing the Validity of Indiana Public Schools' Student Drug Testing Policies after Vernonia, Nancy J. Flatt-Moore

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    Pulling Back the Curtains: Undetected Child Abuse and the Need for Increased Regulation of Home Schools in Missouri, Tyler Barnett

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    Punishing Pimps and Johns: Sex-Trafficking and Utah's Laws, Michelle Jeffs

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    Putting the Specter of Double Counting to Rest: How Public Law 112-99 Resolves the Issue of Double Counting in Concurrent Countervailing and Non-Market Economy Antidumping Investigations, Stephanie E. Hartmann

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    Racial Balancing Provisions and Charter Schools: Are Charter Schools Out on a Constitutional Limb?, Preston C. Green III

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    Random Drug Testing for Extracurricular Activites: Has the Supreme Court Opened Pandora's Box for Public Schools?, Ralph D. Mawdsley

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    Random Drug-Testing of Public School Student Athletes: A Permissible Search under the Fourth Amendment, Paul K. Madsen

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    Recognition of Same-Sex Marriage and Public Schools: Implications, Challenges, and Opportunities, Allison Fetter-Harrott

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    Recognizing Constitutional Freedoms in the Public Schools: Reasserting State and Local Educational Policy and Practive through Non-Judicial Law, Matthew Hilton

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    Reconciling Originalism with the Father of Conservatism: How Edmund Burke Answers the Disruption Dilemma in N.L.R.B. v. Noel Canning, Brad Masters

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    Reducing School Disorder Through Mediation, Todd A. Turnblom

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    Reducing Truancy in Indiana: A Balanced Approach, Andrew E. Skinner

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    Reexamining Rowley: A New Focus in Special Education Law, Scott F. Johnson

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    Reforming the "Business" of Charter Schools in Pennsylvania, Patrick J. Gallo Jr.

     

    Registration, J. Reuben Clark Law School

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    Regular Education Teachers Formulating Special education Plans: M.L. v. Federal Way School District and the IDEA, Christine Farnsworth

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    Regulating Short Selling in Europe After the Crisis, Rodolphe B. Elineau

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    Re-imagining Public Enforcement of Title IX, Julie A. Davies and Lisa M. Bohon

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    Related Services Under the Individuals With Disabilities Educational Act: Health Care Services for Students With Complex Health Care Needs, Ann Rozycki

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    Reliance in Land Use Law, Kenneth A. Stahl

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    Religion in our Public Schools: Has the Supreme Court's Treatment of Religion Made Government Intervention in Education Unconstitutional?, Paul Waldron

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    Religious Associational Rights and Sexual Conduct in South Africa: Towards the Furtherance of the Accommodation of a Diversity of Beliefs, Shaun de Freitas

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    Religious Music in the Public Schools: A Guide for School Districts, Brian A. Whitaker

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    Renaissance in Education: The Constitutionality and Viability of an Educational Choice or Voucher System, Jill Jasperson

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    Respect for Me But Not for Thee: Reflections on the Impact of Same-Sex Marriage on Education, Charles J. Russo

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    Responding to Public School Peer Sexual Harassment in the Face of Davis v. Monroe County Board of Education, Lillian Chaves

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    Rethinking Educational Malpractice: Are Educators Rock Stars?, Stijepko Tokic

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    Rethinking the Dormant Commerce Clause: The Supreme Court as Catalyst for Spurring Legislative Gridlock in State Income Tax Reform, Brian L. Hazen

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    Rethinking the Law School Value Proposition: Next Steps for J. Reuben Clark Law School Leadership to Understand, Enhance, and Improve its Talent Brand, David White

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    Reversing the Tide: Restoring First Amendment Ideals in America's Schools through Legislative Protections for Journalism Students and Advisors, Christine Snyder

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    Revisiting Congress' New IDEA in Special Education, Dixie Snow Huefner

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    Revoking the Driving Privileges of High School Drop-Outs, Andrew J. Bolton

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    Reynolds v. United States, Brad Masters

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    Richard C. Howe: A Life of Service, Travis Robertson

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    Rick Lee Carlton: The Biography of a Blessed Man, Victoria Carlton

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    Rights of Children: Educational and Legal Implications for Schools: An Australian Perspective, Douglas J. Stewart

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    Rights, Religion, Regard, Contact: The Common School Ideal, a Nurturing, Safe and Effective Educational Environment for All Students, Scott Ellis Ferrin

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    Risky Business: Corruption, Fraud, Terrorism, & Other Threats to Global Business, Stuart Poole-Robb and Alan Bailey

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    Robert M. Kerr, Jr.: A Life of Learning, A Legacy of Giving, Sydnee Christensen

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    Safeguarding the Commander's Authority to Review the Findings of a Court-Martial, Andrew S. Williams

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    Salience and Sin: Designing Taxes in the New Sin Era, Rachelle Holmes Perkins

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    Same-Sex Marriage and Education: Implications for Schools, Students, and Parents, E. Vance Randall

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    Same-Sex Marriage and the Public School Curriculum: Can Parents Opt Their Children Out of Curricular Discussions about Sexual Orientation and Same-Sex Marriage?, Kevin Rogers and Richard Fossey

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    Same-Sex Marriage and the Schools: Potential Impact on Children via Sexuality Education, A. Dean Byrd

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    Same-Sex Marriage, Education, and Parental Rights, Richard S. Myers

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    School Discipline and the Fundamental Right to Education: the Constitutional Inadequacies of Wisconsin's Expulsion Laws, Maria M. Lewis

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    School Fees in Public Education, Holly J. Foster

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    School Response to Cyberbullying and Sexting: The Legal Challenges, Nancy Willard

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    School Speech v. School Safety: In the Aftermath of Violence on School Campuses Throughout This Nation, How Should School Officials Respond to Threatening Student Expression?, Richard V. Blystone

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    School Violence: The Call for a Critical Theory of Juvenile Justice, Karen L. Michaelis

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    Section 965: A Traditional Corporate Tax Policy, Jessica c. Kornberg

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    Seeing Through A Glass Darkly: The Supreme Court's Narrowed Definition of Disability, Scott E. Ferrin

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    Service and Stupid Criminals: The Life of Woodruff J. Deem, Darek Purcell

     

    Session I, John C. Eastman, Allan C. Carlson, Paul Kerry, Carlos Martinez de Aguirre, and Mark Strasser

     

    Session III, Alan Hawkins, Jason Carroll, Jessica Dixon Weaver, and Paul Sullins

     

    Session II: Keynote Address, Gilbert Holmes

     

    Session IV, Richard S. Myers, Michael New, William C. Duncan, Scott FitzGibbon, and Robert E. Rains

     

    Session V, Stephen Black, Lynne Marie Kohm, Peter N. Swisher, Lynn D. Wardle, and Robert T. Smith

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    Should Public Education be a Federal Fundamental Right?, Brooke Wilkins

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    Significant but Unheralded Growth of Large Externship Programs, James H. Backman and Cory S. Clements

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    Sour Chocolate: The U.K. Takeover Panel's Improper Reaction to Kraft's Acquisition of Cadbury, Michael R. Patrone

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    “. . . Speak Now or Forever Hold Your Peace . . .” —The Influence of Constitutional Argument on Same-Sex Marriage Legislation Debates in Australia, Neville Rochow

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    Special Education Attorneys' Fees after Buckhannon Board & Care Home, Incorporated v. West Virginia Department of Health and Human Resources, Mark C. Weber

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    Special Education Due Process: Hearing Officer Background and Case Variable Effects on Decisions Outcomes, Geoffrey F. Schultz and Joseph R. McKinney

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    Standard of Care for Students with Disabilities: The Intersection of Liability Under the IDEA and Tort Theories, Ralph D. Mawdsley J.D., Ph.D.

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    Starting a Law School Youth Mentoring Program, Brett G. Scharffs

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    State Regulation of Nonpublic Schools: Does the Tie Still Bind?, Eric A. DeGroff

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    Statutes and Standards: Has the Door to Educational Malpractive Been Opened?, Todd A. DeMitchell and Terri A. DeMitchell

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    Stewart L. Grow: Potter at the Wheel of the History of Mormon Lawyers, Jeanne Grow

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    Stripped of Meaning: The Supreme court and the Government as Educator, Justin R. Chapa

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    Student Drug Testing: The Blinding Appeal of In Loco Parentis and the Importance of State Protection of Student Privacy, Tony LaCroix

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    Student Rights: From In Loco Parentis to Sine Parentibus and Back Again? Understanding the Family Educational Rights and Privacy Act in Higher Education, Britton White

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    Students' Fourth Amendment Rights and the Federal Judgeship: Examining the Link Between Political Appointments and Case Outcomes, Mario S. Torres Jr. and Jacqueline Stefkovich

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    Students Have Rights, Too: The Drafting of Student Conduct Codes, Jason J. Bach

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    Student Speech in Public Schools: A Comprehensive Analytical Framework Based on the Role of Public Schools in Democratic Education, Curtis G. Bentley

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    Student Speech: School Boards, Gay/Straight Alliances, and the Equal Access Act, Todd A. DeMitchell and Richard Fossey

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    Student-to-Student Sexual Harassment and Discrimination, Dennie D. Butterfield

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    Studying the Massachusetts Goodridge Decision on Same-Sex Marriage as an Antidote to Mutual Misunderstanding and a Lesson in Civics and Law, David Schimmel

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    Subverting the Academic Abstention Doctrine in Teacher Evaluation: How School Reform Legislation Defeats Itself , David L. Dagley and Carole A. Veir

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    Table of Contents

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    Table of Contents

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    Taking Mistakes Seriously, Paul J. Larkin Jr.

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    Teacher Effectiveness and Value-Added Modeling: Building a Pathway to Educational Malpractice?, Todd A. DeMitchell, Terri A. DeMitchell, and Douglas Gagnon

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    Teacher Facebook Speech: Protected or Not?, Rachel A. Miller

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    Territorial Justice on Trial: An Analysis of Potential Religious Prejudice by the Utah Territorial Supreme Court, 1876-1895, Elizabeth D. Gee

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    "That's Not What FERPA Says!": The Tenth Circuit Court Gives Dangerous Breadth to FERPA in its Confusing and Contradictory Falvo v. Owasso Independent School District Decision, Amy Bennett and Adrienne Brower

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    The Accidental Lawyer: Barnard N. Madsen, Daniel Price

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    The Alienation of Americans from their Public Schools, Ned Fuller

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    The Best Interest Is the Child: A Historical Philosophy for Modern Issues, Lahny R. Silva

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    The Bronx Household of Faith: Looking at the Unanswered Questions, Kevin Fiet

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    The Categorical Distinction between Adolescents and Adults: The Supreme Court's Juvenile Punishment Cases—Constitutional Implications for Regulating Teenage Sexual Activity, Martin R. Gardner

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    The Changing Face of Parents' Rights, Ralph D. Mawdsley

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    The Chapter 11 Efficiency Fallacy, Diane Lourdes Dick

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    The Comparative and Absolute Advantages of Junior Law Faculty: Implications for Teaching and the Future of American Law Schools, Gregory W. Bowman

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    The Continuing Saga of Internet Censorship: The Child Online Protection Act, Martha McCarthy

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    The Continuing Vitality of the Case Method in the Twenty-First Century, David Garner

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    The Court's Missed Opportunity in Harper v. Poway, Andrew Canter and Gabriel Pardo

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    The Dangers of Overbroad Transgender Legislation, Case Law, and Policy in Education: California's AB 1266 Dismisses Concerns about Student Safety and Privacy, Tyler Brown

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    The Depth of the Trade in Services Agreement, Harold Godsoe

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    The Development of Search and Seizure Law in Public Schools, Bill O. Heder

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    The Differences between the Panel Procedures of the GATT and the WTO: The Role of GATT and WTO Panels in Trade Dispute Settlement, Petko D. Kantchevski

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    The Dubious Upgrade of International Development Contracts, Gabriel Swiney

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    The Duty to Protect: Blackstone's Doctrine of In Loco Parentis: A Lens for Viewing the Sexual Abuse of Students, Todd A. DeMitchell

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    The Encroachment of the Federal Government into Private Institutions of Higher Education, H. Kathryn Merrill

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    The Equal Access Act and Public Schools: What are the Legal Issues Related to Recognizing Gay Student Groups?, Ralph D. Mawdsley

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    The Establishment of Charter Schools: A Guide to Legal Issues for Legislatures, Jennifer T. Wall

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    The EU Data Protection Directive: Implementing A Worldwide Data Protection Regime and How the U.S. Position has Progressed, Seth P. Hobby

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    The European Commission's Action Plan to Modernize European Company Law: How Far Should the SEC Go in Exempting European Issuers from Complying with the Sarbanes-Oxley Act?, Kristina A. Sadlak

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    The Fallacy behind Increased Accountability: How Disabled Students' Constitutional Rights Have Been Disregarded in a Rush to Implement High-Stakes Exams, Ryan R. West

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    The Fallacy behind the Inflated Flats - Will Standardizing Terms Make Residential-Market Prices in China Collapse?, Tsui Tat Chee

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    The False Panacea of International Agreements for U.S. Regulation of Sovereign Wealth Funds, David A. Hall

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    The Fate of Domestic Exporters Under the Byrd Amendment as Case Study for Resuscitating Last-in-Time Treaty Interpretation, Andrew Platt

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    The First Sale Doctrine and the Economics of Post-Sale Restraints, Ariel Katz

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    The Forgotten Students: The Implications of Federal Homeless Education Policy for Children in Hawaii, Clifton S. Tanabe and Ian Hippensteele Mobley

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    The Free Trade Area of the Americas: The Great Challenge for Dispute Resolution, Salvador J. Juncadella and Matthew S. Poulter

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    The Hague Convention on Choice of Court Agreements: Creating an International Framework for Recognizing Foreign Judgements, Matthew B. Berlin

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    The Harmonization of Tax Treaties and Domestic Law, Sung-Soo Han

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    The Heart of the Constitutional Enterprise: Affirming Equality and Freedom in Public Education, William E. Thro

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    The Heck Conundrum: Why Federal Courts Should Not Overextend the Heck v. Humphrey Preclusion Doctrine, Lyndon Bradshaw

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    The High School Attainment Credit: A Tax Credit Encouraging Parents to Help Motivate Students to Graduate from High School, David Hansen

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    The History of the County Attorneys of Garfield County, Russell L. Mahan

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    The IDEIA and the Right to an "Appropriate" Education, Andrea Blau

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    The Illinois DREAM Act: A Constitutional Nightmare, William Wojnarowski

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    The Impacts on Education of Legalizing Same-Sex Marriage and Lessons from Abortion Jurisprudence, Lynn D. Wardle

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    The J. Reuben Clark Law School: A Style of Its Own?, Daniel Deschamps

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    The Kimberley Process: Evidence of Change in International Law, Jamila D. Holmes

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    The King Can Do No Wrong, But Will He Do Right By Our School Children?, Michael A. Olsen

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    The Law of Home Schooling in Australia, Katherine Lindsay

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    The Legal and Policy Implication of Value-Added Teacher Assessment Policies, Preston C. Green, Bruce D. Baker, and Joseph Oluwole

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    The Lemon in Smith v. Mobile County: Protecting Pluralism and General Education, Thomas Marvan Skousen false

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    The New Challenges to the International Patentability of Biotechnology: Legal Relations Between the WTO Treaty on Trade-Related Aspects of Intellectual Property Rights and the Convention on Biological Diversity, Jonathan Curci

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    The Paradox of Legal Expertise: A Study of Experts and Novices Reading the Law, Leah M. Christensen

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    The Pledge of Allegiance in the Classroom and the Court: An Epic Struggle over the Meaning of the Establishment Clause of the First Amendment, Brian Wheeler

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    The Price of Justice: An Analysis of the Costs that are Appropriately Considered in a Cost-based Vindication of Statutory Rights Defense to an Arbitration Agreement, Ramona L. Lampley

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    The "Race to the Top" and the Inevitable Fall to the Bottom: How the Principles of the "Campaign for Fiscal Equity" and Economic Integration Can Help Close the Achievement Gap, Cassandra Abbott

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    The Regulation of U.S. Money Market Funds: Lessons From Europe, Latoya Brown

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    The Rights of Parentally-Placed Private School Students Under the Individuals with Disabilities Education Improvement Act of 2004 and the Need for Legislative Reform, Lewis M. Wasserman

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    The Role of a Mormon Lawyer, Shalayne Davis

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    The Role of Private Sector Investment in International Microfinance and the Implications of Domestic Regulatory Environments, William Langer

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    The Role of the Administrator in Instructional Technology Policy, Philip T.K. Daniel and Jason P. Nance

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    The Shinto Cases: Religion, Culture, or Both—The Japanese Supreme Court and Establishment of Religion Jurisprudence, Frank S. Ravitch

    PDF

    The Socratic Method-Problem Method Dichotomy: The Debate Over Teaching Method Continues, Cynthia G. Hawkins-León

    PDF

    The Sport of Numbers: Manipulating Title IX to Rationalize Discrimination against Women, Lisa Yonka Stevens

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    The State Constitutionality of Voucher Programs: Religion is Not the Sole Determinant, Preston C. Green III and Peter L. Moran

    PDF

    The Struggle Between Legal Theory and Practice: One Law Student's Effort to Maintain the "Proper" Balance, Fernando M. Pinguelo

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    The Student-Athlete Crisis: Does the University Have a Duty to Educate?, Scott A. Broadhead

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    The Supreme Court and Affirmative Action in Public Education, with Special Reference to the Michigan Cases, Philip C. Aka

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    The Supreme Court and Pledge of Allegiance: Does God Still Have a Place in American Schools?, Charles J. Russo

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    The Supreme Court and the Establishment Clause at the Dawn of the New Millennium: "Bristl[ing] with Hostility to All Things Religious" or Necessary Seperation of Church and State?, Charles J. Russo and Ralph D. Mawdsley

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    The Tangled Web of Plagiarism Litigation: Sorting Out the Legal Issues, Ralph D. Mawdsley

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    The Taxman on Campus: How Aggressive IRS Initiatives are Increasing Audit and Compliance Risk for Colleges and Universities, William A. Bailey

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    The Ten-Month School Year: Are We Ignoring Educational Research in Order to Preserve Summer Vacation? Finding a Compromise Between Educational Advancement and Over-Schooling, Mary Therese O'Sullivan

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    The Trials of John D. Lee, Fay E. Reber

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    The Tribes Must Regulate: Jurisdictional, Environmental, and Religious Considerations of Hydraulic Fracturing on Tribal Lands, Szonja Ludvig

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    The UBS Case: The U.S. Attack on Swiss Banking Sovereignty, Beckett G. Cantley

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    The Unconstitutionality of Religious Vilification Laws in Australia: Why Religious Vilification Laws are Contrary to the Implied Freedom of Political Communication Affirmed in the Australian Constitution, Augusto Zimmerman Dr.

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    The Unnecessary and Restrictive Constitutional Amendments Concerning Religious Freedom in Mexico, Javier Saldaña Serrano

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    The Viability of Stimulating Technology-Oriented Entrepreneurial Activity in China, Taiwan, Japan, and South Korea: How Regulations and Culture Encourage the Creation, Development and Exploitation of Intellectual Property, Matthew L. Goldberg

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    The Wages of taking Bakke Seriously: Federal Judicial Oversight of the Public University Admissions Process, Martin D. Carcieri

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    The World Summit on the Information Society: Making the Case for Private Industry Filtering to Control Extraterritorial Jurisdiction and Transnational Internet Censorship Conflicts, Jay Wahlquist

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    The World Trade Center Disaster: How Terrorist Airline Attacks Can Affect the Legal, Economic, and Financial Conditions of Airlines Under the Montreal Liability Agreement, Larry Moore, Rose M. Rubin, and Justin N. Joy

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    The Young Family in the Law, David E. Silvester

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    Threats Made, Threats Posed School and Judicial Analysis in Need of Redirection, Sarah E. Redfield

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    Title IX and Same-gender Sexual Harassment: School District Liability for Damages, Karen Michaelis

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    Title IX and the Dear Colleague Letter: An Ounce of Prevention is Worth a Pound of Cure, Nick Rammell

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    To Prevent and to Protect: The Reporting of Child Abuse by Educators, Jon M. Hogelin

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    To Speak or Not to Speak: Theoretical Difficulties of Analyzing Compelled Speech Claims under a Restricted Speech Standard, Brandon C. Pond

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    Toxic Assets: Untangling the Web, Margarita S. Brose and Bill Niclos

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    Transfer of Rights Under the Individuals With Disabilities Act: Adulthood with Ability or Disability?, Deborah Rebore and Perry Zirkel

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    Transitioning Students with Disabilities into Higher Education, Christos Kelepouris

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    Trans-Substantivity and the Processes of American Law, David Marcus

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    Truth in Action: Revitalizing Classical Rhetoric as a Tool for Teaching Oral Advocacy in American Law Schools, Jennifer Kruse Hanrahan

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    Truth-Telling, Incommensurability, and the Ethics of Grading, Gary Chartier

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    Trying to Push a Square Peg through a Round Hole: Why the Higher Education Style of Strict Scrutiny Review Does Not Fit When Courts Consider K-12 Admissions Programs, James Nial Robinson II

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    Unchartered Territory: Market Competition's Constitutional Collision with Entrepreneurial Sex-Segregated Charter Schools, David Groshoff

     

    Unchartered Territory: The Current Legal Landscape of Public Cyber Charter Schools, Kevin P. Brady Ph.D; Regina R. Umstead J.D., Ph.D; and Suzanne E. Eckes J.D., Ph.D.

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    Underneath the Radar: The Impact of Same-Sex Sexuality and Secularism on Education in South Africa, Marius H. Smit

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    Unfair and Unintended: The Tax-Exempt Organization Blocker Loophole, Andrew M. Dougherty

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    Universal Preschool: A Solution to a Special Education Law Dilemma, Alefia E. Mithaiwala

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    University Officials as Administrators & Mediators: The Dual Role Conflict & Confidentiality Problems, Jeffrey C. Sun

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    Us-China Trade Imbalance: The Economic, Political, and Legal Implications of Chinese Currency Manipulation, Joshua Brown

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    Use of WTO Decisions in Judicial Review of Adminstrative Action Under U.S. Antidumping Law, Dan Nichols

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    U.S. Government Raises the Bar on "Deemed Exports" and Continues Other Trade Restrictions, Conan P. Grames and Terry L. Fund

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    Using Fair Return Prices to Assess the Value and Cost of Financial Guarantees for New Nuclear Power Plants, Bernell K. Stone

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    Using Second Circuit Precedent to Fundamentally Change Mutlinational Corporations' Global Foreign Corrupt Practices Act Internal Investigations, Travis Robert-Ritter

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    Utah Marriage and Divorce Laws, Kory Staheli and Stephen Elmo Averett

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    War of the Words: Aliens, Immigrants, Citizens, and the Language of Exclusion, D. Carolina Nunez

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    Wealth Transfer Tax Planning for 2013 and Beyond, John A. Miller and Jeffrey A. Maine

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    We Are What We Wear: Revisiting Student Dress Codes, Christopher B. Gilbert

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    What Foreign Students Fear: Homeland Security Measures and Closed Deportation Hearings, D. Ray Mantle

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    What Lies Beneath: Interpretive Methodology, Constitutional Authority, and the Case of Originalism, Christopher J. Peters

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    What Lies Beneath Section 956(c)(1)(D): Does an Intangible Property Right Constitue an Investment in U.S. Property?, Paul K. Marineau

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    Wheelchair Ramps in Cyberspace: Bringing the Americans with Disabilities Act into the 21st Century, Trevor Crowley

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    When All Else Has Failed: Resolving the School Funding Problem, John Dayton

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    When Government Expression Collides with the Establishment Clause, Martha McCarthy

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    Whither the Doha Round?, Michael L. Jensen

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    Who Owns Course Materials Prepared by a Teacher or Professor? The Application of Copyright Law to Teaching Materials in the Internet Age, Georgia Holmes and Daniel A. Levin

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    Who's Black, Who's Brown, and Who Cares?: A Legal Discussion of Hernandez v. Texas, Gilbert Bradshaw

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    Wielding the Double-Eded Sword: Creating the Perception of a Chinese Enterprise to Obtain and Enforce Patent Protection in China, David A. Fazzolare

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    Worldwide Financial Reporting: The Development and Future of Accounting Standards, George J. Benston, Michael Bromwich, Robert E. Litan, and Alfred Wagenhofer

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    Zero Tolerance or (In)Tolerance Policies? Weaponless School Violence, Due Process, and the Law of Student Suspensions and Expulsions: An Examination of Fuller v. Decatur Public School Board of Education School District, Kevin P. Brady

 
 
 

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