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Articles 1 - 17 of 17
Full-Text Articles in Law
Finding The Middle Ground: Establishing A Third, Hybrid Worker Classification, Spencer Bankhead, D. Taylor Petersen
Finding The Middle Ground: Establishing A Third, Hybrid Worker Classification, Spencer Bankhead, D. Taylor Petersen
Brigham Young University Prelaw Review
The advent of the gig economy has disrupted the current dichotomy of legal worker classification. Companies such as Uber, GrubHub, and AirBnb hire low-level workers as independent contractors, yet demand that these workers follow a litany of requirements as if they were employees. This apparent crossover between employee and independent contractor has caused serious confusion among workers and led to several class action suits around the country. In this paper we address this issue, as well as proposing that a third worker classification be established, the “dependent contractor,” which would provide protections and rights for those working in the gig …
India's Compulsory License Model: Increased Pharmaceutical Access And Innovation Coexist, Bela Gandhi
India's Compulsory License Model: Increased Pharmaceutical Access And Innovation Coexist, Bela Gandhi
Brigham Young University Prelaw Review
India faces a drug access issue. By using compulsory licenses India can increase access to pharmaceuticals through generics and protect innovation of pharmaceutical patents. Similarly situated countries will benefit from India’s model to improve affordable generics while requiring strict voluntary license application requirements and drug trials for biosimilars.
A Polymorphic Approach To Esports Betting, Chadohl Kang
A Polymorphic Approach To Esports Betting, Chadohl Kang
Brigham Young University Prelaw Review
With the Supreme Court ruling in Murphy v. NCAA, states can legalize sports betting. Many states have chosen to do so. Unfortunately, it is still unclear whether electronic sports, or Esports, is included in the legislations. This is due in part to society not seeing Esports as a true sport. For a growing, nearly billion dollar industry, this isn’t good news. The polymorphic approach can be a resolution to this situation. The polymorphic approach to sports allows states to decide if it is in their interest to view Esports as a sport in betting legislation. Based on the possible revenue …
Immigration Law On The Line: Corpus Linguistics And The Commerce Clause, Garrett May
Immigration Law On The Line: Corpus Linguistics And The Commerce Clause, Garrett May
Brigham Young University Prelaw Review
This paper challenges two assumptions about the basic framework of immigration law: first, that the Constitution authorizes the federal government to regulate immigration, and second, that this power is afforded via interpretation of the Commerce Clause. By utilizing corpus linguistics analysis, this paper finds the original meaning of the Commerce Clause to refer narrowly to trade, and alongside relevant literature argues that no other basis supports federal power to regulate immigration. In summary, this paper describes the deeper problem at hand, of which all other immigration-based issues are symptomatic – an absence of constitutionally defined federal power to regulate immigration.
Auditing Predictive Policing, Jeremiah Scanlan
Auditing Predictive Policing, Jeremiah Scanlan
Brigham Young University Prelaw Review
Predictive policing technology has been adopted by police departments in major cities throughout the US, and while its use continues to spread, the legal implications of its use have not been thoroughly examined. Predictive policing algorithms may be biased against minorities and other vulnerable groups, which may lead police departments to pursue policing strategies that harm these groups. This article proposes that legislatures should fill the current gap in legal oversight by requiring external audits of predictive policing algorithms as used by police departments. These audits would examine the algorithms for bias using up-to-date technological tools and release the results …
The Doctrine Of The Same-Sex Marriage Cases: A Brief Analysis Of Animus, Samuel G. Gustafson
The Doctrine Of The Same-Sex Marriage Cases: A Brief Analysis Of Animus, Samuel G. Gustafson
Brigham Young University Prelaw Review
This paper delves into the background of two fundamental Supreme Court cases in order to clarify and explain the basics of the animus doctrine. It proposes dividing the animus test into two parts, a triggering test to determine when a review for animus is appropriate and the actual test for animus. This split clarifies when challenges of animus can be brought and when they are clearly not present. The split also serves as a check on animus to prevent its over application. Finally, this paper proposes that the animus doctrine can solve many of issues that courts continue to identify …
Trusting The Process: Amendments To The Supreme Court Process And Their Implications On The Essential Attributes Of The Judiciary In Today's Political Environment, Bailey Swainston
Trusting The Process: Amendments To The Supreme Court Process And Their Implications On The Essential Attributes Of The Judiciary In Today's Political Environment, Bailey Swainston
Brigham Young University Prelaw Review
The Supreme Court nomination process evolved over the past years to include changes not specified in the Constitution. Because of the obstruction and filibuster of nominees by the Senate minority parties, the “nuclear option” was instituted and effectively modified the process. The life long tenures of the Justices, the increase of public attention to the process and the Supreme Court’s decisions is causing nominees to face an unnecessarily difficult path to a seat in the Supreme Court. We address this issue by discussing (1) the recent changes to the process and their effects, (2) the consequences of life-long tenure and …
Trips-Plus In China: How The United States Can Use Trips To Strengthen Trademark Minimum Standards In An Fta With China, Neal Hillam
Brigham Young University Prelaw Review
The United States and China have attempted to make a free trade agreement on several occasions over the last few years. A potential amalgamation between the two countries is of particular interest because the United States and China are two of the world’s largest economic powers. This paper discusses what trademark minimum standards should be placed in the agreement and proposes that explicit adherence to TRIPS be made the backbone. The paper will identify several specific trademark problems in China and how stricter adherence to TRIPS can abate these internal issues. The proposed method of using TRIPS as the backbone …
The Utah Unlawful Detainer Statute: A Call For Reform, Margaret Kelly
The Utah Unlawful Detainer Statute: A Call For Reform, Margaret Kelly
Brigham Young University Prelaw Review
Utah’s Unlawful Detainer Statute largely favors landlords in matters of eviction. The current statute allows evicted tenants only 0-3 days to move off a premise, requires evicted tenants to pay triple damages, and gives tenants a limited time to claim their belongings. Compared to other states, Utah is severe in its treatment of evicted tenants. This paper calls for a reform to the Utah Unlawful Detainer Statute, which will make the process of eviction more reasonable for evicted tenants throughout the state.
Reevaluating African Women's Inheritance Rights In Indigenous Customary Law And Statutory National Law, Mallory Matheson, Ashleigh Heinze
Reevaluating African Women's Inheritance Rights In Indigenous Customary Law And Statutory National Law, Mallory Matheson, Ashleigh Heinze
Brigham Young University Prelaw Review
When indigenous customary law infringes upon women’s rights in patriarchal societies, how can national legal systems ensure maximum justice for women while respecting regional legal and cultural sovereignty? Which entities, if any, hold the responsibility and the jurisdiction to enforce compliance with statutory national law? In exploring these questions, we examine the tension between indigenous customary law and statutory national law on women’s inheritance rights in Botswana, Uganda, and Zimbabwe. We argue that grassroots efforts to induce gender-based societal change must develop in tandem with institutional and legal reformation, as gender-egalitarian sociocultural foundations will best incentivize compliance with national law …
The War On Drugs And The Case For Rehabilitation, Christopher Johnson, Jackson Hoopes
The War On Drugs And The Case For Rehabilitation, Christopher Johnson, Jackson Hoopes
Brigham Young University Prelaw Review
From slavery to Jim Crow to current issues with mass incarceration, America has a long-standing history with oppression and racial prejudice. While it’s easy for many to think racism, particularly at an institutional level, to be a thing of the past, a variety of evidences speak to the contrary. With President Nixon’s War on Drugs, criminality became federally sanctioned way to oppress minorities through sentencing discrepancies in crack and powdered cocaine. In conjunction with that, the privatization of prisons has led to the Prison Industrial Complex, further incentivizing incarceration as a means of industry and commerce. Now we are faced …
No Means No And More Elementary Grammar: Moving Towards A More Codified Approach To Sexual Harassment Law, Maxwell Collins, Holly Castleton
No Means No And More Elementary Grammar: Moving Towards A More Codified Approach To Sexual Harassment Law, Maxwell Collins, Holly Castleton
Brigham Young University Prelaw Review
Because of social developments like the #MeToo movement, problems with gender issues in the law have moved to the forefront of legal discussions.This article uses state and federal codes, statutes, and case precedent to examine contemporary sexual harassment law. We identify issues surrounding investigating and prosecuting credible sexual harassment allegations. We examine the issues surrounding the sentencing of those convicted of sexual harassment. Finally, we argue that the decision to enact mandatory minimum sentences as a deterrent for future sex crimes is misguided and counterproductive, and we propose a more codified and nuanced approach to sentencing. This will provide more …
The Financial Burden Of Illegal Aliens: Directing Attention Toward The Employers Of Undocumented Workers, Shane Dola
The Financial Burden Of Illegal Aliens: Directing Attention Toward The Employers Of Undocumented Workers, Shane Dola
Brigham Young University Prelaw Review
Businesses that employ illegal aliens hoard enormous profits even as illegal immigration costs U.S. taxpayers approximately $135 billion a year. The fraudulent employment practices of companies that either intentionally or negligently hire undocumented workers have been inadequately addressed by both the federal legislature and executive administrations in the past. Rather than punishing predatory employers who provide economic incentive for immigrants to violate the law, governments have chosen to focus their efforts on futile attempts to prevent illegal immigration itself. Even effective federal regulations, which may otherwise have succeeded in curtailing the widespread practice of hiring undocumented workers, have mostly been …
Dissecting The Eu's Directive On Copyright: Implications For Creative Tools, Collaboration Sites, And End-Users, Jacob Jensen
Dissecting The Eu's Directive On Copyright: Implications For Creative Tools, Collaboration Sites, And End-Users, Jacob Jensen
Brigham Young University Prelaw Review
The European Union’s proposal for a directive on copyright is bound to change the way the internet functions. Opinions on the proposal are polarized, but compromise is possible. This article argues that there are flaws with the proposal, including that it includes no exceptions for collaboration sites and tools. Another problem with the directive is that it is ambiguous about whether member countries should require certain types of filters or penalize sites when copyrighted material is found on their servers. These flaws can be resolved by adapting successful strategies from established copyright law like the DMCA and by designing exceptions …
Publisher's Note, Kristina Carlston
Publisher's Note, Kristina Carlston
Brigham Young University Prelaw Review
No abstract provided.
Editor's Note, Brian Ridd, Brady Earley
Editor's Note, Brian Ridd, Brady Earley
Brigham Young University Prelaw Review
No abstract provided.