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Social and Behavioral Sciences Commons

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Law

BYU Law Review

Journal

2011

Articles 1 - 6 of 6

Full-Text Articles in Social and Behavioral Sciences

Reconstituting Land-Use Federalism To Address Transitory And Perpetual Disasters: The Bimodal Federalism Framework, Blake Hudson Dec 2011

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 …


Smart Growth In Dumb Places: Sustainability, Disaster, And The Future Of The American City, Lisa Grow Sun Dec 2011

Smart Growth In Dumb Places: Sustainability, Disaster, And The Future Of The American City, Lisa Grow Sun

BYU Law Review

One of the many lessons of the recent earthquake and tsunami in Japan is that we cannot mitigate disaster risk through building codes and other structural solutions alone. Location is key to a community’s natural hazard vulnerability. Consequently, the most far-reaching and important question for disaster mitigation today is where we will channel the growth that will be needed to accommodate our expanding population. Yet, both environmental scholars and policymakers are promoting sustainability initiatives that will channel our country’s future growth into existing urban areas that are already extremely vulnerable to disaster. Indeed, many of these policies - and the …


Regulation, "Republican Moments," And Energy Policy Reform, David B. Spence Dec 2011

Regulation, "Republican Moments," And Energy Policy Reform, David B. Spence

BYU Law Review

No abstract provided.


Construing The Outer Limits Of Sentencing Authority: A Proposed Bright-Line Rule For Noncapital Proportionality Review, Kevin White May 2011

Construing The Outer Limits Of Sentencing Authority: A Proposed Bright-Line Rule For Noncapital Proportionality Review, Kevin White

BYU Law Review

No abstract provided.


Modifying The Restrictions On Sentence Modification: United States V. Cobb, Jackie Bosshardt Mar 2011

Modifying The Restrictions On Sentence Modification: United States V. Cobb, Jackie Bosshardt

BYU Law Review

No abstract provided.


Sidestepping Deference: How United States V. Ressam Encourages Overly Stringent Review Of Sentencing Decisions, Joseph Leavitt Mar 2011

Sidestepping Deference: How United States V. Ressam Encourages Overly Stringent Review Of Sentencing Decisions, Joseph Leavitt

BYU Law Review

No abstract provided.