What You’ll See on the Ballot in November 2014

We hear a lot lately about our “do nothing” congress, but are we “do nothing” voters? The irony of low approval ratings in a democracy is that the government more or less reflects the people it governs. That means that change must start with you as an individual voter. There are great arguments for political…

OnLaw Symposium Issue: Twin Crises in the Law

Last year, James Holbrook, a law professor at the University of Utah, and Jonathan Hornok, the former editor of the Utah Law Review: OnLaw, published an article in the Utah Bar Journal highlighting two issues facing the legal profession: (1) poor and middle class parties that can’t afford a lawyer and (2) recent law school…

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The Fast Lane: Laws that Aid Lawbreakers

“Fast lanes” intentionally facilitate admittedly unlawful or unethical behavior because we believe that facilitating the behavior will actually provide a net benefit to society. Should a cost-benefit analysis be applied when enforcing the law?

Utah Originalism Debated in the Utah Law Review: OnLaw

A recent alum of the S.J. Quinney College of Law, Jeremy Christiansen, published an article responding to Professor Troy Booher’s article published in the Utah Bar Journal on the Utah Supreme Court’s methods of interpreting the Utah State Constitution. Professor Booher’s article can be found here: http://www.utahappellateblog.com/2012/05/05/utah-originalism/. Professor Booher argues that “the Utah Supreme Court has…

Are Racial Minorities Expelled Too Often in Utah Schools? (Follow Up)

This is a follow up to an earlier post: https://highresolve.wordpress.com/2014/05/23/are-racial-minorities-expelled-too-often-in-utah-schools/. Any race-based study is complicated by the possible existence of other factors that might better explain any observed disparity. For instance, one might argue that, in reality, the disparity between disciplinary actions among the races might be better explained by socioeconomic status. To evaluate this possibility, we used…

Are Racial Minorities Expelled Too Often in Utah Schools?

Race is always a touchy subject, but one worth confronting, especially in schools.  This much is clear, the 2011 OCR survey shows that there is significant statistical bias in the way children of racial minorities are impacted by suspension and expulsion nationally and even in Utah schools. Let me be clear, this does not prove…