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Articles 31 - 60 of 71
Full-Text Articles in Law
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When Imitation Is Not Flattery: Addressing Cultural Exploitation In Guatemala Through A Sui Generis Model, Paul Figueroa
When Imitation Is Not Flattery: Addressing Cultural Exploitation In Guatemala Through A Sui Generis Model, Paul Figueroa
BYU Law Review
Indigenous Guatemalan weavers are fighting for intellectual property laws that better protect their designs and other cultural expressions. The exploitation and appropriation by local and international companies has negatively affected the weavers’ livelihoods and resulted in culturally inappropriate uses of spiritual and t raditional symbols. Adhering to Western ideals of individual creativity and utility, intellectual property laws in most of the world (including Guatemala) are not suited to protect indigenous creations. To address this legal gap, some countries have adopte d sui generis legal regimes that align with communal notions of creation, ownership and stewardship found in indigenous knowledge systems. …
Preventing Perpetrators Of Sexual Misconduct From Circulation In The International Development And Humanitarian Assistance Sectors, Susan Keller Pascocello
Preventing Perpetrators Of Sexual Misconduct From Circulation In The International Development And Humanitarian Assistance Sectors, Susan Keller Pascocello
BYU Law Review
No abstract provided.
Indigenous Dignity And The Right To Be Forgotten, Trevor Reed
Indigenous Dignity And The Right To Be Forgotten, Trevor Reed
BYU Law Review
No abstract provided.
The Costs Of Separation: Incarcerated Mothers And The Socioeconomic Benefits Of Community-Based Alternatives For Nonviolent Offenders, Rahgan Jensen
The Costs Of Separation: Incarcerated Mothers And The Socioeconomic Benefits Of Community-Based Alternatives For Nonviolent Offenders, Rahgan Jensen
Brigham Young University Journal of Public Law
No abstract provided.
Safety Net Or Trap? A Policy-Oriented Analysis Of The Public Sex Offender Registry As Compelled Speech, Ann Weigly Deam
Safety Net Or Trap? A Policy-Oriented Analysis Of The Public Sex Offender Registry As Compelled Speech, Ann Weigly Deam
Brigham Young University Journal of Public Law
No abstract provided.
Courts Beyond Judging, Michael C. Pollack
Courts Beyond Judging, Michael C. Pollack
BYU Law Review
Across all fifty states, a woefully understudied institution of government is responsible for a broad range of administrative, legislative, law enforcement, and judicial functions. That important institution is the state courts. While the literature has examined the federal courts and federal judges from innumerable angles, study of the state courts as institutions of state government — and not merely as sources of doctrine and resolvers of disputes — has languished. This Article remedies that oversight by drawing attention for the first time to the wide array of roles state courts serve, and by evaluating the suitability of both the allocation …
Death Star Drones: How Missile Defense Drone Technology Marks The Advent Of Contingent Sovereignty, Ben Forsgren
Death Star Drones: How Missile Defense Drone Technology Marks The Advent Of Contingent Sovereignty, Ben Forsgren
BYU Law Review
Are advances in national security worth pursuing at the expense of sovereign equality? A new U.S. drone program may soon force the world to decide. Thanks to recent technological advances in unmanned aerial vehicles (UAV) and directed energy weapons, the United States will soon have a fleet of missile defense UAVs outfitted with advanced laser weapons designed to destroy intercontinental ballistic missiles before the missiles complete their launch phase. While these drones would significantly decrease the threat of a nuclear attack against the United States, they can only function if they are preemptively stationed in the sovereign airspace of other …
Time’S Up: Schools Need To Teach Students About Sexual Harassment, Alyssa Nielsen
Time’S Up: Schools Need To Teach Students About Sexual Harassment, Alyssa Nielsen
BYU Law Review
No abstract provided.
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“Love Is Distance”: Is That So? Lockdown Strategies, Medically Vulnerable People, And Relational Ethics, Nili Karako-Eyal
“Love Is Distance”: Is That So? Lockdown Strategies, Medically Vulnerable People, And Relational Ethics, Nili Karako-Eyal
Brigham Young University Journal of Public Law
No abstract provided.
All The Tenacity Of Original Sin: Agencies And Courts Continue To Place The Burden Of Persuasion On Defendants In Violation Of The Apa And Supreme Court Precedent, Arthur Sapper
Brigham Young University Journal of Public Law
No abstract provided.
Utah, Odr, And The New “Millennial”Um, Devin Cooper
Utah, Odr, And The New “Millennial”Um, Devin Cooper
Brigham Young University Journal of Public Law
No abstract provided.
Byu Law School Faculty Listing
Obstruction Of Justice: Redesigning The Shortcut, Ellen S. Podgor
Obstruction Of Justice: Redesigning The Shortcut, Ellen S. Podgor
BYU Law Review
When one looks to accomplish consistency and predictability in the criminal justice system — important goals tied to achieving deterrence — the architecture of obstruction of justice remains important. It is insufficient to suggest that we have consistency in sentencing by using federal sentencing guidelines, when the charging process is undermined by its failure to provide uniformity. Achieving a consistent charging framework for federal obstruction of justice needs to be individualized, remain true to the contextual setting, and provide consideration for the specific processes of a trial, sentencing, or impeachment. But it also needs to have a structure that is …
Piercing The (Sovereign) Veil: The Role Of Limited Liability In State Owned Enterprises, W. Mark C. Weidemaier
Piercing The (Sovereign) Veil: The Role Of Limited Liability In State Owned Enterprises, W. Mark C. Weidemaier
BYU Law Review
Sovereign nations own more than ten percent of the world's largest firms and use these ownership stakes to pursue economic, social, and political objectives unrelated to profit maximization. Sovereign nations also have unique powers and attributes that "ordinary" owners lack. Sovereigns do not need an owner's control rights to direct entity behavior; they have the power to regulate. Sovereigns do not need an owner's economic rights to extract value; they have the power to tax. And sovereigns do not need to hide behind the principle of limited liability, which protects owners of limited liability entities; they have sovereign immunity in …
Country Club Sports: The Disparate Impact Of Athlete Admissions At Elite Universities, William B. Morrison
Country Club Sports: The Disparate Impact Of Athlete Admissions At Elite Universities, William B. Morrison
BYU Law Review
While conservative advocacy groups criticize affirmative action as anti-meritocratic, many universities give similar admissions preferences based on ostensibly race-neutral characteristics that highly correlate with wealth and whiteness. Using data made public through the recent legal challenge to Harvard’s affirmative action policies, statisticians have shown that the greatest boost to an applicant’s admission chances at elite universities is not minority status or high test scores, but rather appearing on a coach’s list of potential recruits. At Harvard, where 70% of athletes are white, these athletic recruitment lists are often for “country club sports” that require expensive tutoring and are rarely played …
Compelling Suspects To Unlock Their Phones: Recommendations For Prosecutors And Law Enforcement, Carissa A. Uresk
Compelling Suspects To Unlock Their Phones: Recommendations For Prosecutors And Law Enforcement, Carissa A. Uresk
BYU Law Review
No abstract provided.
Byu Law School Faculty Listing
Conflict Of Laws For The Age Of Cybertorts: A Game Theoretic Study Of Corporate Profiteering From Choice Of Law Loopholes And Interstate Torts, Yunsieg P. Kim
Conflict Of Laws For The Age Of Cybertorts: A Game Theoretic Study Of Corporate Profiteering From Choice Of Law Loopholes And Interstate Torts, Yunsieg P. Kim
BYU Law Review
This Article identifies a choice of law loophole that corporations can exploit to commit interstate torts against individuals without paying damages by inducing victims to sue in a state where they are guaranteed to lose. The Second Restatement effectively requires plaintiffs bringing interstate tort claims to allege which state has the most significant relationship to their injury, because most federal courts rely on plaintiffs allegations to choose a state law for the purpose of resolving motions to dismiss. However, when torts are committed over state lines (for example, over the internet), plaintiffs can be misinformed or misled as to where …
Pregnancy During Incarceration: A “Serious” Medical Need, Rahgan Jensen
Pregnancy During Incarceration: A “Serious” Medical Need, Rahgan Jensen
BYU Law Review
No abstract provided.
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False Positivism: The Failure Of The Newest Originalism, Guha Krishnamurthi
False Positivism: The Failure Of The Newest Originalism, Guha Krishnamurthi
BYU Law Review
Originalism is a juggernaut. It pervades our constitutional discourse and it has become a fort and font of constitutional legitimacy. A number of our most prominent jurists and legal thinkers are self-described originalists and, in myriad constitutional cases, originalist argumentation demands our serious attention. Notwithstanding, originalists have struggled to forge any meaningful consensus on the most foundational issues. Among the serious problems, originalist theories have each struggled to navigate between preserving core features and fixed stars of our law and remaining a distinctive theory with fidelity to "original meaning."The newest effort in this struggle is the so called "positive" turn …
The Role Of Courts In The Evolution Of Standard Form Contracts: An Insurance Case Study, Daniel Schwarcz
The Role Of Courts In The Evolution Of Standard Form Contracts: An Insurance Case Study, Daniel Schwarcz
BYU Law Review
Standard form contracts are a pervasive feature of modern commercial life for ordinary consumers and big businesses alike. Yet remarkably little is currently known about how and when these contracts evolve in response to judicial decisions that interpret and apply them in individual disputes. Homeowners insurance policies offer a particularly fertile ground for studying this issue due to both the prominence of the insurance law doctrine that ambiguities are interpreted against the drafter and the historic standardization of insurance policies across different insurers. Utilizing a unique hand collected dataset, this Article empirically investigates the links between innovation in the dominant …