Category: Law
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The Tax Exemption and the Church’s Political Leanings
In light of the Church’s recent policy statement banning some Church authorities from endorsing candidates, and the speculation that the Church’s political neutrality derives from its desire to stay tax-exempt,[fn1] I thought I’d present a brief primer on the tax exemption.[fn2] The Revenue Act of 1894 probably represents the birth of the modern federal income…
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Summer 2011 Syllabus
Part of my job as a law professor is to model to students what a transactional attorney does. As part of that, I include in my syllabus a list of things media that they ought to consume in order to understand the world a business lawyer functions in. The list is not exhaustive, by any…
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Times & Seasons Welcomes Sam Brunson
Times & Seasons is excited to introduce Sam Brunson as our latest guest blogger. Sam grew up in the suburbs of San Diego and served a Brazilian mission what seems like a millennium ago. He went to BYU as an undergrad and found that a freshman saxophone performance major made his eventual English major look…
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Polygamy, Natural Law, and Imperialism
I have been researching Reynolds v. United States (1879), the Supreme Court’s first polygamy case, on and off for several years. For those who are interested, my paper on the topic is now available for download at SSRN. Reynolds is an important case in American constitutional history, because was the first time the U.S. Supreme…
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The Doctrine of Revelatory Justiciability
A good friend, while studying constitutional law for the bar exam this summer, emailed me some thoughts he scribbled down when he should have been hacking away at a few more MBE questions on judicial review. Instead, however, he hammered out a constitutional analysis on the justiciability of prayers. You see, in case you weren’t…
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The Evolution of Excommunication
I recently went through every version of the Church Handbook of Instructions, looking at what they have to say about the operation of church courts and how it has changed over time.
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Are Gated Communities Moral?
When my wife and I talked with our missionary son recently, he said he was glad to be in Carson City, Nevada, instead of Las Vegas. When I asked why, he said: Gated Communities.
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Bye-bye, Bybee?
A week ago, the New York Times joined the growing chorus of commenters calling for Judge Jay Bybee’s impeachment. Is impeachment really going to happen? And what should we think about the issue?
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Mormons as Minorities
Today I gave a presentation to the William & Mary chapter of the J. Reuben Clark Society on “Mormons as Minorities” in which I discuss some of my research on Mormon legal and political history (and other stuff). If you are interested, you can listen to the presentation here.
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Conscience in the Obama Era
I linked yesterday on the sidebar to Stanley Fish’s latest editorial in the New York Times, which takes as its occasion the possibility that President Obama will revoke the “conscience clause” allowing health care providers the right to refuse to provide certain services. I thought I’d add a few thoughts here.*
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Contemplating Missionary Work in Cuba
The Obama administration announced yesterday that it is easing a handful of restrictions imposed by the U.S. embargo against Cuba. Among other things, Cuban-Americans will now be allowed to travel to Cuba as much as they like and will be free to send money and gifts to friends and relatives without securing travel or export…
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What I Learned about Mormon Courts (and the Writing of Mormon History)
For those who are interested in Mormon legal history, my article “Preaching to the Court House and Judging in the Temple” was just published in the most recent issue of the BYU Law Review. (You can download a copy of the article here.) This article provides my own take on the rise and fall of…
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The Double-Minded Essence of Mormonism
A while ago I was reading some sermons from the 1880s in the Journal of Discourses. The 1880s, of course, is the decade when the anti-polygamy crusades were at their most intense. Thousands of Mormons were incarcerated, the Brethren were in hiding from the law much of the time, and every time you turned around…
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When is Sin Tax a Sin?
The new tobacco tax in the United States took effect yesterday, which tripled the amount of tax collected on each pack of cigarrettes, and probably raising the cost of a pack to as much as $9. The tax is the single largest increase in tobacco taxes in history. For an LDS audience, this probably seems…
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Garment Rights?
Do we have a right to wear garments? If we do, how far does that right go? What , kind of right is it? Is it a human right? Or a legal one that might disappear and reappear as we pass national boundaries?
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A New Book for the Mormon Canon
There are a number of Mormon pamphlets and books that have achieved a kind of semi-canonical status within Mormon studies. Everyone agrees, for example, that Parley P. Pratt’s Key to the Science of Theology or John Taylor’s Mediation and Atonement are key texts for understanding nineteenth Mormon thought. If any evidence is needed, both texts,…
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Commentary on 1 Ne. 17, concluded
Continuing part 1 , part 2, and part 3. Nephi’s response to his brothers directly attacks their understanding of Moses’s significance.
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The Gospel and Immigration
A High Priest I know is in crisis. He is an immigrant who, like many other Church members, came to the US without a visa, according to what I understand of the situation. After arriving here he joined the Church, and eventually fell in love and married a U.S. Citizen, a wonderful, faithful Church member.…
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What Should Mormons Do?
The Associated Press reported yesterday that Mormon employees at the University of Phoenix benefited from discrimination based on religion, according to a lawsuit filed by the Equal Employment Opportunity Commission. The University settled the suit, paying $1.9 million to 52 employees (an average of more than $36,000 each!) and agreeing to a “zero-tolerance” policy to…
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Court Finds Mormonism is Not “Protestantism”
An appellate court in Arkansas last week refused to overturn a lower court ruling which found a woman’s ex-husband in contempt of court for [violating the couple’s custody agreement by] failing to raise their minor children “in the Protestant faith” after the ex-husband started promoting his Mormonism to their children. While many Mormons, and the…
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Morality, Legality and Alcohol
The church issued a statement about alcohol laws in Utah. The last paragraph reads: “The Church of Jesus Christ of Latter-day Saints believes that Utahns, including those who work in the hospitality industry, can come together as citizens, regardless of religion or politics, to support laws and regulations that allow individual freedom of choice while…
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Changing Conceptions of Zion
The Mormon conception of Zion has changed dramatically over the past century. Today’s members of the church are likely to define “Zion” as wherever the members of the church are: LDS homes, congregations, and stakes. While the conception of Zion in the 19th century may have included these elements, these Saints were determined to literally…
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Korihor and the United States Reports
Let’s read the Book of Mormon as a commentary on American constitutional law and vice versa. Alma 30:7-10 reads:
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Prophecy vs. History
Not too long ago, I stumbled across the PBS presentation of Jared Diamond’s book Guns, Germs, and Steel (2d ed. 1999). It reminded me of dealing with the book at college and enjoying the ideas presented and the sweeping take of world history that it offered. But while watching the presentation and contemplating the message…
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Joseph Smith, Justice Frankfurter and the Great Writ
It is time for the post that you have all been waiting for, the one of the place of Mormonism in habeas corpus jurisprudence.
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The English Nature of the Mormon Constitution
The Church has a certain amount of constitutional law, by which I mean norms and rules that govern and control its institutional structure. What is the nature of this constitutional law? I would submit that the Church ends up being more English than American. Priesthood quorums illustrate why this is so.
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How Corporations Saved the United Order (kind of)
One of the great advantages of blogging is that you can ramble on regardless of whether or not what you are saying is of any interest to anyone else. Hence this post. I feel it is time that we had the discussion that you have all be waiting for: The one on real estate leases,…