|
|
Legal Publications
| Education |
Removing Classrooms from the Battlefield
Paul Mero and Daniel E. Witte explore the history of compulsory public education and its paternalistic roots. The article was published in the 2008 BYU Law Review.
Download
|
| Family |
Does the Family Have a Future?
William C. Duncan's North Dakota Law Review article gives the legal reason for defining marriage as exclusively between a man and a woman.
Download
The Summer Hits of 2006: Recent Trends in Marriage Law
The month of July 2006 was possibly the most consequential in the ongoing debate over the legal meaning of marriage in decades.
Download
A Victory for Marriage
In the a series of major court victories for marriage, the Washington Supreme Court has rejected challenges to that state's 1997 Defense of Marriage Act.
Download
Marriage Protected in New York
The New York Court of Appeals noted that society's protection of our inherited understanding of marriage is based on intuitive and common-sense interests that justify its protection in the law.
Download
|
| Rule of Law |
Aspiring to the Rule of Law: The Ground Rules of Civil Society
Providing illustration from recent court decisions on spent nuclear fuel, Salt Lake's Main Street Plaza, and same-sex marriage, Maxwell Miller demonstrates why courts must adhere to the rule of law.
Download
The Rule of Law Doesn't Mean What it Used To
Judge Arthur Christean describes a fundamental shift in our understanding of the rule of law. From the historic understanding where courts were not to act as policymakers to a new approach.
Download
Bad Precedent: Inquiry Concerning Judge Prompts an Inquiry about Civil Liberty
A Utah Supreme Court opinion has major ramifications for civil liberty and judical independence in the State.
Download
The Judge Joseph Anderson Case: A Setback for Judicial Independence in Utah
The tragic case of juvenile court judge Anderson gives reason to ask whether as we seek to bring an independent judiciary to a people for whom this must seem an alien notion, we may be in jeopardy.
Download
|
| Amicus Briefs |
Amicus Brief Filed in Defense of Voluntary Contributions Act
The Sutherland Institute is among five organizations supporting UT Attorney General Mark Shurtleff in the state's appeal over the legality of the Voluntary Contributions Act.
Download
Amicus on Lesbian Marriage/Child Custody
Cheryl Barlow and Keri Jones, former lesbian partners, are both Utah residents. Barlow became pregnant by artificial insemination then broke off her relationship. Jones sued for parental rights.
Download
Main Street Plaza Brief
An amicus brief was filed on behalf of the Sutherland Institute among other organizations in the Main Street Plaza case.
Download
|
|
