Brigham Young University Law Review back issues from January 2005:
Arbitration and State Action
Jan 01, 2005; ... The increasing popularity of arbitration among employers and businesses has triggered skepticism and concern among the plaintiffs' employment discrimination bar and consumer advocacy groups. Groups critical of the use of arbitration often characterize the very advantages of this mechanism-its ...
Reconsidering Absolute Prosecutorial Immunity
Jan 01, 2005; ... I. INTRODUCTION While certainly the vast majority of prosecutors are ethical lawyers engaged in vital public service, the undeniable fact is that many innocent people have been wrongly convicted of crimes as a result of prosecutorial misconduct.1 Prosecutors are rarely disciplined or ...
A New Interpretation of the Contemporaneous Ownership Requirement in Shareholder Derivative Suits: In re Bank of New York Derivative Litigation and the Elimination of the Continuing Wrong Doctrine
Jan 01, 2005; ... I. INTRODUCTION In today's fierce business world some corporate directors feel the need to try anything possible to gain an edge, even if it means engaging in illegal business practices. Reports highlighting corporate corruption and greed frequent the news.1 Politicians around the nation ...
Battle over Control of Low-Level Radioactive Waste: Some States Are Overstepping Their Bounds
Jan 01, 2005; ... I. INTRODUCTION In 1979, all existing nuclear power plants, government and private, disposed of their low-level radioactive waste (LLRW)1 at only three sites: one in Nevada, one in Washington, and one in South Carolina,2 The governors of two of the states threatened to block out-of-state ...
Salvaging States' Rights To Protect Children from Internet Predation: State Power To Regulate Internet Activity Under the Dormant Commerce Clause
Jan 01, 2005; ... I. INTRODUCTION In June 2000, the National Center for Missing and Exploited Children ("NCMEC") released a sobering report, indicating that sexual predators on the Internet are targeting more children than previously thought. The report, entitled Online Victimization: A Report on the ...
Sosa v. Alvarez-Machain and Abu Ghraib-Civil Remedies for Victims of Extraterritorial Torts by U.S. Military Personnel and Civilian Contractors
Jan 01, 2005; ... I. INTRODUCTION The Abu Ghraib prison in central Baghdad has been called "one of the world's most notorious prisons" because it is where Saddam Hussein's regime tortured and executed countless Iraqi civilians.1 Unfortunately, it has also become notorious because of the abuse Iraqi ...
The Effects of Judicial Immunization of Passive Sellers in Sanns v. Butterfield Ford and a Proposal for the Shifting Nature of Fault
Jan 01, 2005; ... I. INTRODUCTION: THE TENSION IN STRICT LIABILITY BETWEEN INNOCENT CONSUMERS AND INNOCENT SELLERS "A manufacturer is strictly liable . . . when an article he places on the market, knowing that it is to be used without inspection for defects, proves to have a defect that causes injury to a ...
When Does a Party Prevail?: A Proposed "Third-Circuit-Plus" Test for Judicial Imprimatur
Jan 01, 2005; ... I. INTRODUCTION Congress has encouraged individual plaintiffs to bring civil rights lawsuits by providing that their attorney's fees will be paid for if a judge deems them to be the "prevailing party."1 Congress utilizes these fee-shifting statutes to further important public policies by ...
The Third Wave of Crime Victims' Rights: Standing, Remedy, and Review
Jan 01, 2005; ... I. INTRODUCTION AND BACKGROUND A. Introduction: Crime Victims' State Constitutional Rights Are Often Illusory In Maryland, a day care provider shook a young couple's baby to death, but the couple was unable to attend the trial, despite the fact that all other nonwitness members ...
Tribunals Organized To Convict: Searching for a Lesser Evil in the Capital Juror Death-Qualification Process in United States v. Green1
Jan 01, 2005; ... I. INTRODUCTION Many observers were shocked when the district attorney prosecuting Andrea Yates, the Texas mother who drowned her five children in a bathtub, announced his intent to pursue the death penalty against her.2 Obtaining capital punishment for a woman with known psychiatric ...
Marriage and the Betrayal of Perez and Loving
Jan 01, 2005; ... I. INTRODUCTION In March 2005, a San Francisco trial judge held that California voters' recent reaffirmation of marriage as the union of a man and a woman violated the state constitution's equality guarantee because that reaffirmation prevents same-sex couples from marrying.1 In so ...
Challenges and Opportunities Facing Religious Freedom in the Public Square
Jan 01, 2005; ... In this opening address, I highlight several reasons why I feel our conference topic-the challenges and opportunities facing the free exercise of religion in the public sphere-merits our enthusiasm and careful consideration. I begin by pointing out some of the many ways in which religious ...
Religion in the Public Sphere: Challenges and Opportunities
Jan 01, 2005; ... Since I have been given the honor of opening this session, let me thank the organizers for allowing me to offer a rather general reflection on the place of religion in the public sphere in both Europe and the United States. I. INTRODUCTION Beginning in 1989, female Muslim ...
Rethinking the Role of Religion in Changing Public Spheres: Some Comparative Perspectives
Jan 01, 2005; ... I. INTRODUCTION Until the early 1990s, there was a clear disparity between the growing significance of religion on the world stage and the literature one could read on this score in either scholarly or popular publications. Historian Scott Appleby stated candidly that "Western myopia on ...
Religion in the Public Sphere: Challenges and Opportunities in Ghanaian Lawmaking, 1989-2004
Jan 01, 2005; ... I. INTRODUCTION The word "secularism" suggests that political and religious realms are essentially on parallel tracks and that the two words cannot be uttered in one breath. In Ghana, however, religion and politics have been inextricably linked since pre-colonial times.1 Though Ghana was ...
Religion in the Public Sphere: Challenges and Opportunities in Japan
Jan 01, 2005; ... I. BACKGROUND The difficulties involved in church-state relations are certainly nothing new in a global context. However, as recent high profile issues in France and the United States demonstrate, there has been a renewed popular interest in the debate. A year-old French statute banning ...
The Flawed Implementation of the International Religious Freedom Act of 1998: A European Perspective
Jan 01, 2005; ... I. INTRODUCTION: UNITED STATES FOREIGN POLICY AND RELIGIOUS FREEDOM Religious freedom has always been at the core of American life and public policy. As the first freedom enumerated in the Bill of Rights, religious freedom is a cornerstone of American liberty.1 Due to the importance of ...
China's New Regulations on Religion: A Small Step, Not a Great Leap, Forward
Jan 01, 2005; ... I. INTRODUCTION The interaction of government and religion in China has long been a volatile situation. As the number of religious believers grows, the situation does not appear to be improving.1 While the Chinese constitution guarantees freedom of religious belief, the government of ...
Are State Marriage Amendments Bills of Attainder?: A Case Study of Utah's Amendment Three
Jan 01, 2005; ... I. INTRODUCTION On Election Day, November 2, 2004, Utah, along with ten other states,1 amended its state constitution in response to what many view as a concerted effort to redefine marriage.2 Although the debate over marriage tends to evoke strong feelings on all sides, every marriage ...
APOLOGY AND CORRECTION
Jan 01, 2005; ... The BYU Law Review wishes to offer its most sincere apologies to Professor Rosalind I.J. Hackett. In the 2005-03 issue of the BYU Law Review, Professor Hackett's identity, credentials, and acknowledgements were printed incorrectly in her article, Rethinking the Role of Religion in Changing ...
Recognizing Victims in the Federal Rules of Criminal Procedure: Proposed Amendments in Light of the Crime Victims' Rights Act
Jan 01, 2005; ... I. INTRODUCTION Crime victims are virtually absent from the Federal Rules of Criminal Procedure. The sixty federal rules comprehensively cover every aspect of federal criminal proceedings-from initial appearance through preliminary hearing, arraignment, acceptance of pleas, trial, and ...
Checks and Balances on the Fifth Branch of Government: Colorado Environmental Coalition v. Wenker and the Justiciability of the Federal Advisory Committee Act
Jan 01, 2005; ... I. INTRODUCTION In March 2001, the Bureau of Land Management ("BLM") published a call for nominations to fill fourteen vacancies on Resource Advisory Councils ("RACs") in Colorado.1 The RACs are made up of private citizens who help the BLM develop environmental and public land use ...
Substantially Deferring to Revenue Rulings After Mead
Jan 01, 2005; ... Death and taxes-these, according to the modern quip, are the only two certainties in life. While the necessity of paying taxes will remain a constant in life, the amount, when, to whom, or for what period one pays is far from certain.1 The questions arising from the Internal Revenue Code and ...
The Presidency and the Meaning of Citizenship
Jan 01, 2005; ... No Person except a natural born Citizen . . . of the United States . . . shall be eligible to the Office of President. U.S. Constitution1 Who is the "us" in the U.S.? Leti Volpp2 The fundamental political relation of citizenship . . . [is] a relation of citizens ...