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Articles 1 - 8 of 8
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Eliminating Forced Labor In American Corporations And Their Supply Chain: Existing Solutions And Failures, Breann Hunt
Eliminating Forced Labor In American Corporations And Their Supply Chain: Existing Solutions And Failures, Breann Hunt
Brigham Young University Prelaw Review
The author of this article examines current judicial precedent pertaining to human rights violations perpetrated in the supply chains of American companies. The author argues that existing legislation is insufficient to prevent firms from profiting from forced labor. The author demonstrates the effect of forced labor upon the competitive landscape and illustrates the damage done to ethical companies forced to compete with low-priced competitors. By analyzing existing research on competitive injury and Antitrust regulation, the author thus proposes that there be a synthesis of third party research capabilities and legislation that would help prove competitive injury due to forced labor …
A New Medical Malpractice Tort System: It's Time To Prioritize The Patient, Jaden Cowdin, Tyler Lindley
A New Medical Malpractice Tort System: It's Time To Prioritize The Patient, Jaden Cowdin, Tyler Lindley
Brigham Young University Prelaw Review
The current medical malpractice tort system often promotes inefficiency and perverse incentives for doctors. Attempts at reform, to date, have been largely ineffective or harmful to the patient. A total overhaul—including a state-run medical review board, a centralized no-fault compensation fund, and a publicly accessible black mark database—should be tailored and enacted by each state.
Autonomous Cars And The Anonymous Threat: The Immediate Need For Cybersecurity Legislation For Self-Driving Vehicles, Forrest Albiston
Autonomous Cars And The Anonymous Threat: The Immediate Need For Cybersecurity Legislation For Self-Driving Vehicles, Forrest Albiston
Brigham Young University Prelaw Review
This paper addresses the immediate need for cybersecurity regulations on self-driving cars. The focus of this paper is to discuss the urgency of these laws and put forth the SPY Car Act of 2017 as a solution with some edits. This Act will help ensure the safety of US citizens and will also benefit businesses.
Combatting Labor Exploitation In The United States By Modifying Visas For Migrant Workers, Paige Herrmann
Combatting Labor Exploitation In The United States By Modifying Visas For Migrant Workers, Paige Herrmann
Brigham Young University Prelaw Review
The current statutes addressing labor trafficking in the United States are insufficient in protecting migrant workers from labor exploitation. A solution to this often overlooked problem is to introduce flexible visas which allow migrant workers who have been victims of labor exploitation to seek new employment in the United States while remaining in valid legal status, affording them freedom from abusive employers.
More Than Just A Trim In The Workforce: The Barriers Of Inconsistent Occupational Licensing In The United States, Ethan A. Schow
More Than Just A Trim In The Workforce: The Barriers Of Inconsistent Occupational Licensing In The United States, Ethan A. Schow
Brigham Young University Prelaw Review
In the United States today, inconsistent occupational licensing requirements create barriers for professionals crossing state lines. In order to deal with this multistate problem without resorting to federal oversight, the states should consider forming an interstate compact to oversee and make recommendations for licensing requirement standardization and uniformity. This compact could oversee licensing for many professions. Multistate coordination has been successful before in other areas such as taxation of multistate businesses. Standardizing occupational licensing requirements would make initial licensure and subsequent relocation easier for professionals, and it would provide consumers with uniform quality of services and uniform protection of their …
Preemptive War, War Powers, And International Complications: A Need For Reform, Paige Montague
Preemptive War, War Powers, And International Complications: A Need For Reform, Paige Montague
Brigham Young University Prelaw Review
In March 2003, the United States declared official war on Iraq out of fear that Suddam Hussein has nuclear weapons. This war was declared after the United Nations Security Council ruled that the Preemptive War was illegal. Preemptive War is a strange loophole under the War Powers Act and gives the President ability to declare war under the potential of a future threat. The Iraq War did not yield the intended results nor were any nuclear weapons found. Had congress been mandated under an amendment to approve the Preemptive War, the poor consequences both on a domestic and international level …
Undocumented Immigrants And The Us Professional Licensing Problem, Madeleine Truman
Undocumented Immigrants And The Us Professional Licensing Problem, Madeleine Truman
Brigham Young University Prelaw Review
The number of illegal immigrants to the United States continues to rise each. Many individuals are blocked from citizenship and its subsequent opportunities by a broken system. Undocumented early arrivals, such as DACA recipients and DREAMers, though currently not targeted for deportation, are prevented from succeeding in their chosen field due to an immigration status they did not choose. Like their native born counterparts, they should have the same right to work in a professional field if they prove themselves to be as equally qualified in all aspects barring immigration status.
Shaping Immigration Law Through A Business Law Model, Mitchell Reber
Shaping Immigration Law Through A Business Law Model, Mitchell Reber
Brigham Young University Prelaw Review
This article argues that state-produced immigration law can be a more effective method of regulating immigration when compared with current federal regulation. Currently, regulation as controlled by the federal government supersedes any laws created at the state level and subjects those laws produced by states to extensive review by the courts. The article proposes that immigration law should follow a business-law model when regulating immigration on a state level and discusses how the Immigration Reform and Control Act of 1986 needs to be reinterpreted. The article then describes three ways this change in immigration law could be implemented and confers …