Brigham Young University Law Review

Brigham Young University Law Review is a magazine focusing on Law

Articles from Vol. 2000, No. 4, 2000

Clear Inarticulation-State Action Antitrust Immunity and State Agencies: Neo Gen Screening, Inc. V. New England Newborn Screening Program
I. INTRODUCTION In Parker v. Brown,1 the Supreme Court held that states are immune from federal antitrust law for their actions as sovereigns. This has come to be known as the Parker Doctrine or the state action doctrine. In Parker, a raisin distributor,...
In Re Impounded: When Will the Right against Self-Incrimination Protect Witnesses from Foreign Prosecution?
I. INTRODUCTION Though many think that their constitutional rights are inviolate, the Supreme Court has held in at least one case that certain rights do not apply to United States citizens on United States soil. In 1998, the Supreme Court decided that...
Let's Be Reasonable Here: Why the ADA Will Not Ruin Professional Sports
"As a society, we are so much better off with people like Casey Martin, who show us that heart is just as important as talent, who only want an opportunity to compete against the best in their profession."1 "We may not have a Tour at all. It may disappear."2...
Nachfrist Was Ist? Thinking Globally and Acting Locally: Considering Time Extension Principles of the U.N. Convention on Contracts for the International Sale of Goods in
I. INTRODUCTION The United Nations Convention on Contracts for the International Sale of Goods ("CISG" or "Convention")1 came into existence in 1980 and "established the benchmark for the unification of commercial law in the post-war era."2 It is generally...
Nuclear Weapons, Ethics, Morals, and Law
Bullets kill men, but atomic bombs kill cities. A tank is a defense against a bullet, but there is no defense against a weapon that can destroy civilization .... Our defense is law and order.1 I. INTRODUCTION The nuclear weapons age began at 5:29:45...
Preslar V. Commissioner: Debt-Discharge Income and Its Rationale
I. INTRODUCTION How taxpayers determine the amount of money on which they must pay taxes is an uneasy question because this amount, gross income, has never been conclusively defined. Neither the Internal Revenue Code ("I.R.C." or "Code") nor the courts...
Socratic Misogyny?-Analyzing Feminist Criticisms of Socratic Teaching in Legal Education
Remember those horror movies in which somebody wearing a hockey mask terrorizes people at a summer camp and slowly and carefully slashes them all into bloody little pieces? That's what the first year of law school is like. The professor has a black belt...
The Exclusionary Rule and Damages: An Economic Comparison of Private Remedies for Unconstitutional Police Conduct
I. INTRODUCTION Apart from its constitutional status,1 the exclusionary rule is nothing more than an instance of the common law remedy of restitution.2 Like restitutionary remedies in general, it is founded on the principle of unjust enrichment.3 The...
When We Cannot Deport, Is It Fair to Detain?: An Analysis of the Rights of Deportable Aliens under 8 U.S.C. (Sec) 1231(a)(6) and the 1999 INS Interim Procedures Governing Detention
I. INTRODUCTION As one author wrote, "America has been a nation of immigrants from the start."1 Indeed, for many years in its early history and still today, "[t]he United States [has been] a strong magnet for immigrants, offering them chances to take...
WWW.Wildwest.Gov: The Impact of the Internet on State Power to Enforce the Law
The monumental expansion of the Internet1 over the past ten years has revolutionized the mainstream means of communications and interpersonal relations throughout the world. Through this global network of interconnected computers, all manner of data,...