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Full-Text Articles in Law
Rebuilding Grid Governance, Joel B. Eisen, Heather E. Payne
Rebuilding Grid Governance, Joel B. Eisen, Heather E. Payne
BYU Law Review
As climate change sharpens the focus on our electricity systems, there is widespread agreement that the institutions that govern our electric grid must change to realize a clean energy future in the timescale necessary. Scholars are actively debating how grid governance needs to change, but in this Article we demonstrate that current proposals are insufficient because they do not contemplate “rebuilding.” This Article defines “rebuilding” as ending entities tasked with grid governance and creating new ones to take their place. We propose what no one else has: an overarching framework for rebuilding any grid governance institutions.
This Article discusses when …
Informal Governance Of The United States, Edward Lee
Informal Governance Of The United States, Edward Lee
Brigham Young University Journal of Public Law
No abstract provided.
Creating Oases Throughout America’S Food Deserts, Hannah M. Dahle
Creating Oases Throughout America’S Food Deserts, Hannah M. Dahle
BYU Law Review
No abstract provided.
Unpatriotic Profit: How For-Profit Colleges Target Veterans And What The Government Must Do To Stop Them, Christopher J. Salemme
Unpatriotic Profit: How For-Profit Colleges Target Veterans And What The Government Must Do To Stop Them, Christopher J. Salemme
Brigham Young University Journal of Public Law
No abstract provided.
A Muslim Registry: The Precursor To Internment?, Sahar F. Aziz
A Muslim Registry: The Precursor To Internment?, Sahar F. Aziz
BYU Law Review
Being political scapegoats in the indefinite “war on terror” is the new normal for Muslims in America. With each federal election cycle or terrorist attack in a Western country comes a spike in islamophobia. Candidates peddle tropes of Muslims as terrorists in campaign materials and political speeches to solicit votes. Government officials call for bold measures—extreme vetting, categorical bans, and mass deportations—to regulate and exclude Muslim bodies from U.S. soil. The racial subtext is that Muslims in the United States are outsiders who do not belong to the political community. A case in point is the “Muslim ban” issued by …
Local Home Rule In The Time Of Globalization, Kenneth A. Stahl
Local Home Rule In The Time Of Globalization, Kenneth A. Stahl
BYU Law Review
Cities are increasingly taking the lead in tackling global issues like climate change, financial regulation, economic inequality, and others that the federal and state governments have failed to address. Recent media accounts have accordingly praised cities as the hope of our globally networked future. This optimistic appraisal of cities is, however, undermined by local governments’ cramped legal status. Under the doctrine of home rule, local governments can often only act in matters deemed “local” in nature and cannot regulate “statewide” issues that may have impacts beyond local borders. As a result, the global issues that local governments are being praised …
Before There Were Mouseholes: Resurrecting The Non-Delegation Doctrine, Joel Hood
Before There Were Mouseholes: Resurrecting The Non-Delegation Doctrine, Joel Hood
Brigham Young University Journal of Public Law
No abstract provided.
An Emerging International Norm For Non-Governmental Organizations, Stephanie Cotton-Betteridge
An Emerging International Norm For Non-Governmental Organizations, Stephanie Cotton-Betteridge
Brigham Young University International Law & Management Review
No abstract provided.
Criminalizing Non-Evacuation Behavior: Unintended Consequences And Undesirable Results, Brandon Curtis
Criminalizing Non-Evacuation Behavior: Unintended Consequences And Undesirable Results, Brandon Curtis
BYU Law Review
No abstract provided.
Equity Crowdfunding—A Wolf In Sheep's Clothing: The Implications Of Crowdfunding Legislation Under The Jobs Act, Sharon Yamen, Yoel Goldfeder
Equity Crowdfunding—A Wolf In Sheep's Clothing: The Implications Of Crowdfunding Legislation Under The Jobs Act, Sharon Yamen, Yoel Goldfeder
Brigham Young University International Law & Management Review
No abstract provided.
State Obligations Concerning Socio-Economic Rights In Times Of The European Financial Crisis, Jernej Letnar Černič
State Obligations Concerning Socio-Economic Rights In Times Of The European Financial Crisis, Jernej Letnar Černič
Brigham Young University International Law & Management Review
No abstract provided.
The Equilibrium Of Violence: Accountability In The Age Of Autonomous Weapons Systems, Joel Hood
The Equilibrium Of Violence: Accountability In The Age Of Autonomous Weapons Systems, Joel Hood
Brigham Young University International Law & Management Review
No abstract provided.
Restructuring The Modern Education System In The United States: A Look At The Value Of Compulsory Education Laws, Chelsea Lauren Chicosky
Restructuring The Modern Education System In The United States: A Look At The Value Of Compulsory Education Laws, Chelsea Lauren Chicosky
Brigham Young University Education and Law Journal
No abstract provided.
Rac: A Program In Distress, Mary Squire
What Happens Next: Metaphor In Disaster Recovery Policy, Sarah E. Jenkins
What Happens Next: Metaphor In Disaster Recovery Policy, Sarah E. Jenkins
BYU Law Review
No abstract provided.
Agglomerama, Lee Anne Fennell
Surprising Commons, Carol M. Rose
As Greece Goes, So Goes The E.U.: Defending Europe With A Sovereign Debt Restructuring Framework, Elizabeth H. Dahill
As Greece Goes, So Goes The E.U.: Defending Europe With A Sovereign Debt Restructuring Framework, Elizabeth H. Dahill
Brigham Young University International Law & Management Review
No abstract provided.
Deconstructing Disaster, Justin Pidot
Deconstructing Disaster, Justin Pidot
BYU Law Review
Over time, we have grown increasingly vulnerable to natural disasters. Each decade, economic losses from such disasters more than double as people continue to build homes, businesses, and other physical infrastructure in hazardous places. Yet public policy has thus far failed to address the unique problems posed by natural disasters. This Article takes a first step toward improving public policy by offering a paradigm for understanding its failures, suggesting that three categories of obstacles obstruct sensible government regulation. Drawing from philosophy, cognitive psychology, history, anthropology, and political science, this Article identifies and analyzes three categories of obstacles to disaster policy-symbolic …
Reconstituting Land-Use Federalism To Address Transitory And Perpetual Disasters: The Bimodal Federalism Framework, Blake Hudson
Reconstituting Land-Use Federalism To Address Transitory And Perpetual Disasters: The Bimodal Federalism Framework, Blake Hudson
BYU Law Review
Scholars analyzing the intersection of federalism and disaster law and policy have primarily focused on the difficulties federalism poses for interjurisdictional coordination of disaster response. Though scholars have highlighted that rising disaster risks and costs are associated with “land-use planning that exacerbates, rather than mitigates, disaster risk,” a more holistic analysis of land-use-related disaster law and policy is needed. This Article provides a more comprehensive framework within which to analyze prospective mitigation or prevention of disaster risk and costs through a rebalancing—or reconstituting—of the respective roles of the federal and state governments in land-use planning. The federal government does not …
Regulation, "Republican Moments," And Energy Policy Reform, David B. Spence
Regulation, "Republican Moments," And Energy Policy Reform, David B. Spence
BYU Law Review
No abstract provided.
Protecting Public Lands From The Public: Kane County And Revised Statute 2477 , Douglas P. Farr
Protecting Public Lands From The Public: Kane County And Revised Statute 2477 , Douglas P. Farr
BYU Law Review
No abstract provided.
Islam And Religious Freedom: Role Of Interfaith Dialogue In Promoting Global Peace , Tayseir M. Mandour
Islam And Religious Freedom: Role Of Interfaith Dialogue In Promoting Global Peace , Tayseir M. Mandour
BYU Law Review
No abstract provided.
Caveat Lessor: U.S. Aircraft Financiers Beware: 11 U.S.C. § 1110 Expectations May Not Be Met In Cross-Border Insolvencies, Kevin Gaunt
Brigham Young University International Law & Management Review
No abstract provided.
Does Climate Change Justify Compulsory Licensing Of Green Technology?, Robert Fair
Does Climate Change Justify Compulsory Licensing Of Green Technology?, Robert Fair
Brigham Young University International Law & Management Review
No abstract provided.
The Knowledge Problem Of New Paternalism, Mario J. Rizzo, Douglas Glen Whitman
The Knowledge Problem Of New Paternalism, Mario J. Rizzo, Douglas Glen Whitman
BYU Law Review
No abstract provided.
The World Trade Center Disaster: How Terrorist Airline Attacks Can Affect The Legal, Economic, And Financial Conditions Of Airlines Under The Montreal Liability Agreement, Larry Moore, Rose M. Rubin, Justin N. Joy
The World Trade Center Disaster: How Terrorist Airline Attacks Can Affect The Legal, Economic, And Financial Conditions Of Airlines Under The Montreal Liability Agreement, Larry Moore, Rose M. Rubin, Justin N. Joy
Brigham Young University International Law & Management Review
No abstract provided.
Affordable Housing And Civic Participation: Two Sides Of The Same Coin, Goutam U. Jois
Affordable Housing And Civic Participation: Two Sides Of The Same Coin, Goutam U. Jois
Brigham Young University Journal of Public Law
No abstract provided.
Brazil Presses Forward With Economic Reform, Solidifying A Fresh Start, C. Gabriel Sanchez, Augusto Perez
Brazil Presses Forward With Economic Reform, Solidifying A Fresh Start, C. Gabriel Sanchez, Augusto Perez
Brigham Young University International Law & Management Review
No abstract provided.
Privatization Of Space Ventures: Proposing A Proven Regulatory Theory For Future Extraterrestral Appropriation, Jonathan Thomas
Privatization Of Space Ventures: Proposing A Proven Regulatory Theory For Future Extraterrestral Appropriation, Jonathan Thomas
Brigham Young University International Law & Management Review
No abstract provided.