Category: Law

Galen, Holmes & Hot Drinks

One of the odder bits of Mormon interpretation is the strange life of “hot drinks.â€? These are the actual beverages forbidden by the Word of Wisdom. As we all know they have come to mean coffee and tea with hot…

The Reynolds Jury Charge

The trial court in Reynolds v. United States gave the following jury charge, which the Supreme Court later found was proper and not inflammatory. I think it not improper, in the discharge of your duties in this case, that you…

Dead Man Walking

Sister Helen Prejean, a Catholic nun, published Dead Man Walking in 1993. I am just finishing the book, which reinforces my long-held disdain for the death penalty. I have not seen the movie, but the book is a powerful accounting…

The Book of Mormon in Court

I think that most people know that passages from the Bible pop up from time to time in judicial opinions. For example, many old common law rules turned on the distinction between acts that were malum in se (that is…

“On Equal Grounds”

The story of Korihor in Alma 30 contains many lessons for the modern audience. Perhaps not surprisingly, the most interesting part of the chapter to me is the discussion of law in verses 7-11. In particular, this discussion is bookended…

UofU and Theatre Student Settle

Christina Axson-Flynn’s lawsuit against the University of Utah garnered lots of attention, but I am not sure that we have discussed it here. The events took place in 1998, and revolve around Axson-Flynn’s experience in the University of Utah’s Actor…

Constitutional Turnabout

According to reports this week, the leadership of the United States Senate is currently considering whether to bring to a vote a proposed constitutional amendment to define the nature of marriage. There is widespread agreement that the proposal lacks the…

Oops — I forgot

The judicial nomination of Thomas Griffith, General Counsel of Brigham Young University and Bush appointee to the D.C. Circuit Court of Appeals seems to have hit a slight snag — as reported by this morning’s Washington Post, Griffith appears to…

The Criminal Law of Deseret

On January 16, 1851, the legislature of the State of Deseret passed a 34-section law entitled “Criminal Laws of the State of Deseret.” It actually makes for interesting reading. In 1851, the Mormons had been in Utah for only four…

Fruity Con Law at Meridian

The ever exciting Meridian Magazine has been running a series of articles that purport to be “Constitutional Primers,” explaining to Mormons the way that the constitution functions. The most recent one argues that what is known as “selective incorporation” under…

Some More Thoughts on Oaths

As I have a tendency to do, I have been reading law today. In particular, I came across a case dealing with the old rule against party testimony. Originally at common law, a party to a lawsuit could not testify…

Mormon Nominated to D.C. Circuit

For those who follow such things, President Bush has just nominated Tom Griffith, current general counsel for BYU, to the United States Court of Appeals for the District of Columbia. For the non-law geeks of the universe, the D.C. Court…

Arresting Ministers

The State of New York is charging two Unitarian Universalist ministers with a misdemeanor for solemnizing a marriage without a liscense. (Story here) The Unitarians have long granted gay couples religious unions, but they have not exercised the power delegated…

Civic Religion – Again

For those not aware of the fact, the Supreme Court handed down its decision in Locke v. Davey a few hours ago, holding that it did not violate the Free Exercise Clause for the State of Washington to exempt divinity…

Mormons and Lord Devlin

When Mormons get up set about things like abortion, pornography, SSM, constitutional prohibitions on anti-sodomy laws, and the like they frequently talk about how these kinds of developments threaten to undermine society’s “moral fabric.” However, I don’t think that we…

Chaplinsky in Zion

According to the Deseret News, Salt Lake City Mayor Rocky Anderson is considering a city ordinance that would ban some of the more extreme street preaching around Temple Square.

Office, Oaths, and Sins

I work as a law clerk for a federal appellate judge. As part of my work, I routinely assist in the enforcement of legal rules that I think are unwise or even unjust. Of late I have been wondering about…

Justice for Fornicators

The extended discussion of Matt’s last post has got me thinking about abortion. I freely admitt that this is not a subject that I have actually spent a lot of time on, so I can’t claim that what follows is…