Law Commons^™

Dolphin Preservation Within The Commercial Fishing Industry, Nattaly Goff

Brigham Young University Prelaw Review

There is a current debate in separate countries involving dolphin mortality rates and the commercial-fishing industry. The debate concerns balance between the fishing industries' need for trade and the conservationists' emphasis on the importance of environmental issues.

The central conflict between conservationists and the fishing industry is the use of driftnet fishing methods. Conservationists claim driftnet fishing methods devastate the population of dolphins as well as the population of many other marine species. On the other side of the issue, commercial fishermen claim their profitability and their free-trade rights are hindered by the enforcement of environmental policies.

German Refuse Disposal: Sharing The Waste Worldwide, Robert Mckay

Brigham Young University Prelaw Review

The German garbage industry is becoming more lucrative and illegal. With the new "green dot" program recycling program and sizable tolls for using state owned dumps, many firms are using other alternatives to dispose of their waste. Sadly, some companies are turning to black market garbage brokers that ship the sometimes toxic, but always harmful waste out of the country. From Venezuela to Singapore (Der Spiegel 1992, 48), everything from old carcinogenic chemical pesticides to traces of German yoghurt containers have been found laying around the country side in small village dumps. Since 1988 the German government has been investigating …

Full Issue

Brigham Young University Prelaw Review

No abstract provided.

The Origins Of Groundwater Laws In Arizona, Colorado, And Utah, Richard T. Probst

Brigham Young University Prelaw Review

Water is a limited resource that cannot be replaced, and alternate sources for water are not available. In the western United States, groundwater laws vary in each state. Until recent years, these laws were often vague or non-existent. According to Sax, groundwater laws did not exist because little was known about the contribution of groundwater flow to the hydrologic cycle (1990, 372). When technology allowed man to tap underground water resources effectively, laws were written for groundwater. However, the laws governing surface water are related to groundwater laws. It was not until after World War II that most states began …

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 …

Anglo-Saxon Laws, Troy Mcmahan

Brigham Young University Prelaw Review

Anglo-Saxon law is the body of legal principles that prevailed in England from the 6th century until the Norman Conquest in 1066. In England prior to the 10th century, an individual's actions were not considered his own, but those of his kinship group. Vengeance by family members of the deceased was legal, but often lead to feuding and bloodshed. With the help of the church, a composition system was introduced in a effort to establish peace and order. The new laws merely presented lists of compositions, or money to be paid to an injured party or his family. Around the …

Front Matter

Brigham Young University Prelaw Review

No abstract provided.

Patent Law: Protecting Innovation In A Global Economy, Nathan O. Jensen

Brigham Young University Prelaw Review

For over 200 years, the United States has been renowned for the ingenuity of its citizens, such as Franklin, Edison, and Ford. The Government has recognized this ingenuity as a national asset and has developed a code of statutes, known as Intellectual Property Law, enabling its citizens to protect and benefit from their own creativity. In the present global marketplace, these laws are increasingly vital to the competitive success of our country's technology-based economy. Patent law is one part of the larger field of Intellectual Property Law, which also includes copyright, trademark, and trade secret law.

Full Issue

Brigham Young University Prelaw Review

No abstract provided.

Pornography And The Law, Steve Lenker

Brigham Young University Prelaw Review

Pornography is big business. According to Charles Clark in "The Obscenity Debate," the pornography industry is a $10 billion a year business (974). Just as with any controversial issue, pornography has both its opponents and its proponents.

"The Right Of Privacy", Fernando Bustos

Brigham Young University Prelaw Review

The concept of a right of privacy is one that is currently the focal point of the argument for legalized abortion, and for women's rights in general. By examining the history of this issue, along with its influence upon the U.S. Constitution, and the decisions of the U.S. Supreme Court, we will be better enabled to understand the legal debate at hand.

The Inefficiency Of Federal Deposit Regulation, Ronald J. Tocchini

Brigham Young University Prelaw Review

The savings and loan insolvencies in the late 1980s have had a catastrophic impact upon the American economy. Taxpayers are paying billions of dollars to honor deposit guarantees to customers of defunct savings and loans (S&Ls). Comprehending the S&L failures and their intimate association with governmental regulation requires an examination of the S&Ls' history and the rationale for federal involvement in the banking industry.

Front Matter

Brigham Young University Prelaw Review

No abstract provided.

"There Is No Declaration Of Rights:" George Mason And The Bill Of Rights, David Clark

Brigham Young University Prelaw Review

Born the son of wealthy landowners in Fairfax County, Virginia, George Mason was molded to take an engaging and active role in colonial politics. A close advisor to George Washington, an ardent spokesman for American independence and human rights, and brilliant political author, Mason was one of the foremost political thinkers of his time. His role in the framing of the Constitution cannot be underemphasized, nor can his pivotal role in the adoption of the first ten amendments to that constitution go unrecognized. Mason was the brains, as well as the heart and soul behind the greatest democratic political document …

Full Issue

Brigham Young University Prelaw Review

No abstract provided.

Mandatory Aids Testing, Mathew Hoch

Brigham Young University Prelaw Review

In October of 1991, Kimberly Bergalis, a weak and frail AIDS victim, made a physically taxing journey to Washington D.C. She went, despite her deteriorating condition, to testify on behalf of a proposed bill that would require health care practitioners to be tested for the HIV virus before performing any invasive procedures. Kimberly was unknowingly infected by her dentist, who had the HIV virus.

Original Intent V. Revisionism: The Great Constitutional Debate, Eric Barnes

Brigham Young University Prelaw Review

The due process clause is one of the many battlegrounds upon which two diametrically opposed camps of judicial decision makers fight out their rulings-rulings which effect the mass of citizenry and the balance of power in America's constitutional system. These opposing camps are the originalists and revisionists.

Flagburning: A Constitutional Freedom, Craig Mordock

Brigham Young University Prelaw Review

The United States stands apart from many other nations of the world because of institutions which grant American citizens specific freedoms. America's founding fathers drew up the U.S. Constitution to ensure fundamental rights for American citizens. The First Amendment asserts one of these basic rights: freedom of speech and expression. Most Americans respect this freedom, and they revere the Bill of Rights which protects it. Unfortunately, some Americans choose to exercise this freedom in a way that offends other people. Recently, a controversial issue has confronted Congress: should Americans be allowed to express themselves by burning the U.S. flag? A …

Era And The Bill Of Rights, Teresa Haddock

Brigham Young University Prelaw Review

The Equal Rights Amendment (ERA) proposed by Congress on 22 March 1972 would have become valid if ratified by three-fourths of the states within a seven year period from the date of submission. Thirty-five of the required thirty-eight states ratified the amendment. Before the time expired, Idaho, Nebraska, Tennessee, Kentucky, and South Dakota had all attempted to rescind their ratifications, but were denied the option to change their vote. Also, in October of 1978, Congress decided to extend the seven-year period until 30 June 1982. Four members of the Idaho legislature brought suit in Idaho vs. Freeman. The plaintiffs argument …

The Violation Of Clarence Thomas' Rights, Trey Dayes

Brigham Young University Prelaw Review

We often assume that law and order will always prevail, that our rights will always be protected. However, this is not necessarily true. Many times the rights granted in the Bill of Rights are neglected. This was the case with Clarence Thomas. The legal process which he endured was not a trial, but a hearing. He was submitted to a gross injustice by the Senate Judiciary Committee. Due to the fact that this was not an actual trial Thomas was not charged with a criminal offence. He was merely under investigation. However, because this was only an investigation, he was …

Limits Of First Amendment Rights, Troy Salisbury

Brigham Young University Prelaw Review

Under the First Amendment of the Constitution such rights as the freedom of speech and assembly and other basic rights are set forth. People often feel that unpopular groups such as flag-burners or skinheads should have their First Amendment rights limited. Often individuals find it hard to tolerate the radical opinions of these groups. Nevertheless, their rights can only be restricted if, in the course of their actions, they directly infringe upon the rights of others. This point can be better illustrated by discussing a hypothetical situation in which a group's rights would have to be limited.

Abortion: The Rights Of Whom?, Jennifer Ferguson, Yvette Young

Brigham Young University Prelaw Review

The morality of abortion is not as pressing a question as whether a woman has a right to an abortion based on the rights granted her in the ninth and fourteenth amendments. Morality cannot be completely extricated from the issue of abortion. Nonetheless, the constitutional rights determine the legality of abortion, thus having the greatest effect on the woman and her fetus. Two questions must therefore be addressed: first, what are the rights of the woman as stated in the Constitution? second, what are the rights of the fetus?