Recently added articles from Brigham Young University Law Review:
Abortion Across State Lines
Nov 01, 2008; ... In the span of about a year in the mid-1990s, news media featured two stories about adolescent girls and abortion. In examining the somewhat sensationalized accounts of the two stories, one realizes that each could have been presented very differently. The first, from Nebraska, tells of a ...
Interstate Pluralism: The Role of Federalism in the Same-Sex Marriage Debate
Nov 01, 2008; ... Abstract: This Article discusses the role of federalism in the debate over interstate recognition of same-sex marriages. It examines and rejects as simplistic the argument that the role of full faith and credit is to promote greater national uniformity. Instead, full faith and credit ...
The Coming Collision: Romer and State Defense of Marriage Acts
Nov 01, 2008; ... I. INTRODUCTION Andrew Koppelman's book, Same Sex, Different States: When Same-Sex Marriages Cross State Lines? drove me to the realization that interstate choice of law questions involving same-sex marriage are entering a new and more subde stage of debate.2 The easier questions, such ...
Interstate Recognition of Adoptions: On Jurisdiction, Full Faith and Credit, and the Kinds of Challenges the Future May Bring
Nov 01, 2008; ... I. INTRODUCTION Two recent high-profile cases involving adoptions by same-sex partners highlight the potential difficulties that can arise when families composed of same-sex parents and their children cross state lines. In Einstuen v. Crutcher,1 the Tenth Circuit struck down an Oklahoma ...
From Slavery to Same-Sex Marriage: Comity Versus Public Policy in Inter-jurisdictional Recognition of Controversial Domestic Relations
Nov 01, 2008; ... TABLE OF CONTENTS I. INTRODUCTION: COMITY VERSUS DOMESTIC POLICY INTEGRITY FOR FAMILY RELATIONS ... ... ... ... ... ... ... ... ... .... 1856 II. POSITIONING CURRENT DEBATES OVER THE IMPORTATION OF CONTROVERSIAL FORMS OF DOMESTIC RELATIONS WITHIN THE HISTORY OF AMERICAN CONFLICTS LAW .....
Situating Emotion: A Critical Realist View of Emotion and Nonconscious Cognitive Processes for Law and Legal Theory
Sep 01, 2008; ... This Article attempts to clarify legal thinking about emotion in decision making. It surveys evidence from psychology and neuroscience on the extensive role that emotion and related nonconscious cognitive processes play in human behavior, then evaluates the treatment of emotion in three legal ...
Extremism in the Electoral Arena: Challenging the Myth of American Exceptionalism
Sep 01, 2008; ... Abstract: This Article explores the limitations that the American electoral system imposes upon extremist parties and candidates. Its thesis is that extremists, and particularly anti-liberal extremists, are excluded from the American electoral arena through a combination of direct and indirect ...
The Social Psychology of Evil: Can the Law Prevent Groups From Making Good People Go Bad?
Sep 01, 2008; ... TABLE OF CONTENTS I. From Abu Ghraib Prison to Enron Corporation ... ..... 1443 II. Cognitive Dissonance and Related Phenomena ... .... 1444 A. Festinger's Theory of Cognitive Dissonance ... ... ... .... 1444 B. Zimbardo's Prison Simulation: Role-Playing and the ...
How the United States Government Sacrifices Athletes' Constitutional Rights in the Pursuit of National Prestige
Sep 01, 2008; ... Abstract: This Article is about the United States Government trading off athletes' constitutional rights in the pursuit of national prestige through sport. The Olympic Movement has for decades provided an incentive for governments of all ideologies to use elite athletes to enhance ...
Shibboleths and Ceballos: Eroding Constitutional Rights Through Pseudocommunication
Sep 01, 2008; ... ABSTRACT Recently, the Supreme Court rendered an inexplicable First Amendment decision that has far-reaching effects on the way government is held accountable to the public. In Garcetti v. Ceballos, the Court determined that a government employer can retaliate against an employee for ...
Is a Strip Club More Harmful Than a Dirty Bookstore? Navigating a Circuit Split in Municipal Regulation of Sexually Oriented Businesses
Sep 01, 2008; ... I. INTRODUCTION While millions of Americans indulge in pornography,1 most people do not want it sold in their neighborhood. As a result, most cities have passed zoning regulations that govern where sexually oriented businesses may operate. Given First Amendment rights that protect ...
Trouble for Private Enforcement of the Sherman Act: Twombly, Pleading Standards, and the Oligopoly Problem
Jul 01, 2008; ... I. INTRODUCTION Courts and commentators have long struggled with the proper treatment of parallel conduct by competitors in oligopoly markets.1 In such markets it is possible to achieve supra-competitive pricing through recognized interdependence, rather than agreement.2 Although ...
The Software Licensing Dilemma
Jul 01, 2008; ... Is software licensed or sold? Software licensing occupies a unique position at the intersection of contracts, intellectual property, and commercial law doctrines. The difficulty in analyzing software licensing issues directly results from the sui generis nature of software that leads to the ...
Piercing the Corporate Veil in Regulated Industries
Jul 01, 2008; ... Veil piercing doctrines have been the subject of much scholarly attention in recent years.1 They have generated diametrically opposing views, with some legal commentators advocating the complete abolition of the doctrines and others advocating a significant relaxation of the standards for ...
RLUIPA and Eminent Domain: Probing the Boundaries of Religious Land Use Protection
Jul 01, 2008; ... I. INTRODUCTION The Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA)1 passed through Congress "by unanimous consent"2 and was signed into law by President Clinton on September 22, 2000.3 RLUIPA, described generally as "a bill designed to protect the free exercise of ...
Rockwell International, Pondcrete, and an A La Carte Three-Step Test for Determining an "Original Source" in Qui Tam Lawsuits
Jul 01, 2008; ... In 1999, George Couto, a former Bayer marketing executive, attended a management meeting on ethics.1 As he compared Bayer's practices in the marketing department with the ethical principles discussed in the meeting, he grew increasingly uncomfortable with the prices the company charged Medicaid ...
Religious Symbols in the Classroom: A Controversial Issue in the United Kingdom*
May 01, 2008; ... I. INTRODUCTION In the last two decades, the United Kingdom has witnessed an evolution from general religious tolerance, although extremely high, to an explicit acknowledgment of religious freedom as a basic right. This has taken place as a result of the enactment of the Human Rights Act ...
How to Entrench a De Facto State Church in Russia: A Guide in Progress
May 01, 2008; ... I. INTRODUCTION The Russian Orthodox Church's (ROC) assertion of a constitutionally inappropriate - and as this article will argue, unlawful - role in the affairs of state has severely compromised Russia's secular constitutional framework. This gradual but steady erosion of the barrier ...
Grappling with Religious Differences in South Africa: A Draft for a Charter of Religious Rights
May 01, 2008; ... I. Introduction Prior to the end of apartheid in 1994 and the adoption of its new constitution in 1996, South Africa lacked any constitutional guarantee of religious freedom.1 Not surprisingly, South Africa's history is replete with examples of state interference in religious matters.2 ...
The Immutability of Divine Texts
May 01, 2008; ... I. Introduction Divine texts are the common heritage of human beings. They cultivate human spirituality. Too much time is spent finding faults with divine text and too little attention is paid to understanding their unity of purpose. While doubters question the authenticity of divine ...