Brigham Young University Law Review back issues from November 2006:
Constructing Class Action Reality
Nov 01, 2006; ... I. INTRODUCTION Class actions have become quite controversial.1 We regularly hear class actions criticized as a form of "extortion"2 or "legalized blackmail."3 Politicians and some commentators routinely denounce law, lawyers, and class actions all in the same breath, as if all were ...
Grave Matters: The Ancient Rights of the Graveyard
Nov 01, 2006; ... The system of property and law goes back for its origin to barbarous and sacred times; it is the fruit of the same mysterious cause as the mineral or animal world. There is a natural sentiment and prepossession in favor of age, of ancestors, of barbarous and aboriginal usages, which is a homage ...
Patent Law Viewed Through an Evidentiary Lens: The "Suggestion Test" as a Rule of Evidence
Nov 01, 2006; ... I. INTRODUCTION Patent quality in the United States is the subject of much recent discussion.1 There is a general sentiment that many of the inventions for which patents are issued and successfully enforced do not meet the requirement of patentability. The existence and enforcement of ...
Justice Ginsburg's Fiduciary Loophole: A Viable Achilles' Heel to HMOs' Impenetrable ERISA Shield
Nov 01, 2006; ... I. INTRODUCTION Although at first Juan Davila only felt weak, he was later rushed to the emergency room to find severe internal bleeding that nearly took his life. With seven units of blood, five days in critical care, and a subsequent hospital stay, he barely cheated death, but not ...
Square Pegs, Round Hole: The Fourth Amendment and Preflight Searches of Airline Passengers in a Post-9/11 World
Nov 01, 2006; ... I. INTRODUCTION September 11, 2001 marked a day of tragedy on which thousands of people lost their lives. As a result, the dangers of hijacking became a heightened subject of concern for America. The detection and detention of would-be hijackers is now a greater priority than in prior ...
All the Better To Eat You With, My Dear: The Need for a Heightened Harm Standard in Utah's Grandparent Visitation Statute
Nov 01, 2006; ... I. INTRODUCTION In the classic children's folktale "Little Red Riding Hood,"1 a young girl was deceived by a wolf posing as her grandmother. The child willingly approached the disguised wolf-who ultimately ate her-because she believed the wolf was her grandmother, someone she trusted ...