Law Commons^™

Edwards V. Aguillard: Court History And Implications For Legislation, Wendy Call

Brigham Young University Prelaw Review

An affirmative chorus rose in the 1981 Louisiana Legislature to enact the "Balanced Treatment for Creation-Science and Evolution-Science in Public School Instruction" Act. This statute, which required public school teachers to give equal time to creation- and evolution-science, set in motion a chain of litigation with the momentum to reach the Supreme Court of the United States as Edwards v. Aguillard. Rooted in more than a century of religious controversy surrounding Darwin's The Origin of Species, the threat of religious-educational enmeshment brought Edwards to the threshold of First Amendment interpretation. Although Louisiana's Balanced Treatment Act was not upheld as constitutional …

Front Matter

Brigham Young University Prelaw Review

No abstract provided.

Family Law Issue Introduction

Brigham Young University Prelaw Review

The recent O. J. Simpson trial has once again sparked the interest of the media and the public in the United States towards issues relating to family law. Society sees again that divorce, abuse, marital rape, domestic violence, surrogate motherhood, and other family law topics are important and relevant.

Surrogacy: A Controversial Alternative, Chad Jolley, Stuart Farnsworth

Brigham Young University Prelaw Review

This paper deals with the problems of surrogacy and how public policy has affected its practice. Several cases are described along with their legal implications. In addition, the morality and practice of surrogacy is questioned.

Full Issue

Brigham Young University Prelaw Review

No abstract provided.

Marital Rape: Current Trends, Loren Walmer

Brigham Young University Prelaw Review

For many years husbands have been exempt from prosecution for the rape of their wives. Many states have begun to change or abolish this marital exemption. But there is still a long way to go before married and nonmarried rape victims are treated equally.

Causes Of Domestic Violence, Jennifer J. Morris

Brigham Young University Prelaw Review

The family is supposedly the most loving and supportive institution; unfortunately, it is also the most violent. This paper defines the family unit and also violence. Five major factors contributing to domestic violence are also outlined: stress, personal dispositions, social isolation, cultural and societal norms, and situational factors.

The Divorced Father: Impact Of Losing His Family, Meredith Ohran

Brigham Young University Prelaw Review

In the United States approximately one in two marriages ends in divorce. Sixty percent of those divorces involve dependent children, and the majority of those children are awarded to the custody of their mothers, leaving their fathers as the non-custodial parent. The loss of family has an impact on the psyche of the father: he may withdraw from his family or tum to alcohol, and his self-esteem may suffer. The impact of divorce on fathers is severe.

Domestic Abuse Laws, William R. Strong

Brigham Young University Prelaw Review

This paper discusses legal issues regarding domestic violence in the United States. First, it includes a brief legal history of domestic violence and its legal emphasis in the past. It also notes problems today. Second, it documents positive changes which have taken place in both laws and enforcement. Finally, it discusses possible solutions for further protection.

"Battered Woman Syndrome" As A Defense, Heather Zahn

Brigham Young University Prelaw Review

Battered Woman Syndrome refers to "the unique physiological and behavioral reactions exhibition by a person living in a violent relationship." The reaction in self-defense, is sometimes deadly force or the use of a deadly weapon for which women are sent to prison.

This syndrome has become a serious issue in courtrooms across the nation. This Paper will address the issues involved in sentencing and trying women who kill their abusers.

Two main issues are involved, the use of expert witnesses in the courtroom and the definition of self-defense. Legislation is currently being passed to address these issues. This paper cites …

Crime And Family Law

Brigham Young University Prelaw Review

In the Prelaw Seminar (Student Development 11988) taught by the prelaw advisor at BYU, students have the opportunity to study a variety of specialties in law. This one-credit course is designed as a six-semester academic-vocational count that coven the Supreme Court and the legal issues of Constitutional, Environmental, International, Criminal, and Family Law. During the tint-block (8 week) course, speakers whose professional experiences correspond to the semester's topic present their insights before the class. This vocational insight is augmented by the use of a "Nutshell" ten which constitutes the academic portion of the count and is the only · part …

Front Matter

Brigham Young University Prelaw Review

No abstract provided.

Prisons: Are Boot Camps A Feasible Alternative?, Luke A. Brennan

Brigham Young University Prelaw Review

The traditional prison system is facing the crisis of massive overcrowding and inefficiency. An alternative to this inefficient overcrowding of prisons is shock incarceration, or boot camps. Boot camps aim to rehabilitate, incapacitate, punish, deter, and reduce overcrowding and cost of the traditional prison system. Boot Camps meet those aims and should be considered an effective to the traditional prison system.

Youth In Gangs: Prevention And Reform, C. Micheal Rassmussen

Brigham Young University Prelaw Review

In the past decade, street gangs have grown both in size and sophistication. These groups of youth are now spreading from the major cities to many suburban and rural areas. As the problems have increase, the need for a solution has exploded to crisis proportions. While many police agencies and communities hope tougher laws and stricter enforcement will overcome the gang problem, other such organizations have decided to focus on providing recreation as a means to conquering gangs. Through strong-arm tactics often produce some positive and quick results, recreation and other methods appear to be the long term solution.

Full Issue

Brigham Young University Prelaw Review

No abstract provided.

Sentencing Reform: Electronic Monitoring, Joseph Pia

Brigham Young University Prelaw Review

The prison and jail populations of the United States are above capacity; new alternatives are needed now. Because of this priority demand, many states have adopted electronic monitoring of offenders as a solution. However, electronic monitoring may violate the Fourth and Fourteenth Amendment - the ambiguity lying in the fact that there is not consistent legislation on electronic monitoring. The law seems to vary from state to state.

Current Methods Of Juvenile Reform, Gary Graham

Brigham Young University Prelaw Review

This paper is an attempt at explaining the way juvenile delinquency has produced positive results today. As previous researchers have failed in the past to create successful intervention methods, it is very exciting to see the new progress that has been designed to control a problem that is becoming greater each day. Previous methods have focused on reshaping the delinquent into a model child through severe punishment or rehabilitative treatment. Today, researchers have learned that delinquents must be dealt with individually. Hence, this paper focuses on the three social groups that reformers have tried to influence: the individual delinquent, his …

The Termination Of Parental Rights, D. Janell Pugh

Brigham Young University Prelaw Review

This paper defines what the law requires as grounds for the termination of parental rights. The state may decide it is in the child's best interest to terminate the rights of a parent of parents. In cases where abuse or neglect occurs and the child is in immediate danger, the child is removed from the home and placed in foster care.

If and when home situation is safe, the child is reunited with the family. When this cycle occurs again and again, and the children are repeatedly removed and reunited with their families, or in extreme cases of abuse, neglect, …

Front Matter

Brigham Young University Prelaw Review

No abstract provided.

The Milton Bunker Hunt Case

Brigham Young University Prelaw Review

In the Prelaw Seminar (Student Development 198R) taught by the prelaw advisor at BYU, students have the opportunity to study a variety of specialties in law. This one-credit course is designed as a six-semester academic-vocational course that covers Constitutional, Environmental, International, Criminal, and Family Law and the Supreme Court. During the first-block (8-week) course, speakers present their professional experiences in the type of law being introduced that semester. This vocational insight is augmented by the use of a 11NutsheW text which constitutes the academic portion of the course and is the only part which is tested on at the end …

Libya: An Exception To Sovereign Immunity, Brett Tolman

Brigham Young University Prelaw Review

The question of whether a foreign state should be granted sovereign immunity in cases of nationalization of a foreign investment was, in times past, rarely argued. Only when nationalization is the result of violations of international law are the acts of state denied immunity and susceptible to adjudication in the courts of foreign nations. On June 11, 1973 the Revolution Command Council of Libya issued Law No. 42 concerning the nationalization of the rights of Milton Bunker Hunt. The following argument will illustrate that because of commercial intent as well as discriminatory and compensatory violations of international law, the nationalization …

Legitimacy Of The Law On The Nationalization Of Bunker Hunt Interests By The State Of Libya, Steve Davis

Brigham Young University Prelaw Review

The legality of the Libyan law, issued on June 11, 1973, which authorized the taking of Milton Bunker Hunt Interests, has been highly debated in international business spheres for some time. The taking of foreign investment property is defined as the seizure of the assets of a foreign-owned company and nationalization of that company. In 1973, the operation of Milton Hunt lnterests1 facilities which extract petroleum and natural gas on Libyan territory was transferred to the Libyan government, or nationalized. The shock of this sudden takeover has brought up many questions as to whether or not such a 11discriminatory nationalization11 …

Libyan Law Nationalizes Milton Bunker Hunt Oil Fields, Christopher Kyler

Brigham Young University Prelaw Review

Conflicts steadily rise as multinational enterprises become more widespread throughout the world. As companies expand from their homelands into foreign lands, which do not always have the same economic systems, new laws create greater risks and various conflicts. The lack of clear international law only heightens the conflicts and opinions of those involved. Such is the case of a United States citizen, Milton Bunker Hunt, who owned and operated oil fields located in Libya. The real issue of this case is whether or not Libya was justified in this taking, and this can only be judged by the laws in …

Full Issue

Brigham Young University Prelaw Review

No abstract provided.

The Bunker Hunt Case, Victor Sipos

Brigham Young University Prelaw Review

In recent decades, US courts have become more responsive to the ever-increasing commercialization of the world and more sensitive to the rights of US investors engaging in international markets. International trade has always posed risks to investors working under different legal systems within separate sovereign nations. The modern US stance on international law provides legal rights to US citizens which didn't exist even a quarter-century ago. The greatest concern of international investment is a foreign sovereign's power to nationalize interests within its boundaries without properly compensating the investor. In 1973, the Libyan extension of Milton Bunker Hunt oil interests encountered …

Nationalization And The Bunker Hunt Case, Kim Cluff

Brigham Young University Prelaw Review

The nationalization of foreign-owned companies is a controversial issue that has created considerable tension within the international arena. As a result, international law has had to expand in order to aptly deal with cases involving expropriation. While all countries do not agree on how to settle such questions, international laws have been established that decisively defend various taking actions. The Bunker Hunt Case is a good illustration of how these laws can be applied. This case involves the nationalization of Milton Bunker Hunt's rights to oil interests in Libya. According to the Libyan government, this taking was both legal and …

Front Matter

Brigham Young University Prelaw Review

No abstract provided.

Welcome To The Pre-Law Student Association, Troy C. Mcmahan

Brigham Young University Prelaw Review

Welcome to the Pre-Law Student Association. It is our objective to educate and prepare students for law school and a career in the field of law. We meet this objective by sponsoring speakers on campus, holding diagnostic LSAT exams, and inviting students to attend the annual BYU Law Fair held on campus. We also oversee the publication of the Pre-Law Review and invite students to submit articles for publication. The Pre-Law Review is published twice a semester and is mailed to the homes of the members of the PLSA. If you are interested in submitting an article for publication, inquire …

History Of The Foreign Lawyer In Japan, Patrick Duffin

Brigham Young University Prelaw Review

The foreign lawyer in Japan has enjoyed periods of relative freedom to practice law as well as being subject to rigid restrictions limiting the accessibility of the legal market. The focus of this paper will be the significant events in the history of the foreign lawyer in Japan from the first influences of Western law in the late 1800's to the 1986 Special Measures Law Concerning the Handling of Legal Business by Foreign Lawyers.

Euthanasia Versus Advance Directives: New Options Facing The Terminally Ill, Michael J. Miller

Brigham Young University Prelaw Review

Many people are fearful that if they become terminally ill, they will end up on life support, trapped from malting their own decision to live or die. As a result of this fear, proponents of active euthanasia, or mercy killings, are increasing. One proponent of active euthanasia, Dr. Jack Kevorkian, has taken the idea of mercy killings to new extremes. During the past three years, he has assisted in the suicide deaths of fifteen terminally ill patients (Reuters 1993, 6[A]). Others, who believe that mercy killings are wrong, favor passive euthanasia. They believe the terminally ill should have the right …