Brigham Young University Law Review

Brigham Young University Law Review is a magazine focusing on Law

Articles from Vol. 2003, No. 4, 2003

Analyzing U.S. Antitrust Jurisdiction over Foreign Parties after Empagran S.A. V. F. Hoffman-LaRoche, Ltd
I. INTRODUCTIONIt is one of the quaint ironies of our democratic system that a statute intended to clarify and simplify the law has in fact undermined the possibility of establishing a clear rule of law. The Free Trade Antitrust Improvement Act of 1982...
Kaleidoscopic Consent Decrees: School Desegregation and Prison Reform Consent Decrees after the Prison Litigation Reform Act and Freeman-Dowell
I. INTRODUCTIONSince the Prison Litigation Reform Act (PLRA or "the Act") and its changes to modification and termination standards in school desegregation, kaleidoscopic changes have altered the character of an important dispute resolution tool: the...
Reforming Securities Class Actions from the Bench: Judging Fiduciaries and Fiduciary Judging
The politicians' rhetoric seemed promising enough. With corporate scandals making front page headlines and defrauded investors facing hundreds of billions of dollars in losses, legislators vowed to "help defrauded investors to recoup their losses."1...
Regulation by Networks
I. INTRODUCTIONPublic and private regimes of behavior regulation coexist, in varying degrees of harmony, in many aspects of life.1 Law, even under a narrow definition that excludes private regulatory regimes, known as Private Legal Systems (PLSs), must...
The Shrinkwrap Snafu: Untangling the "Extra Element" in Breach of Contract Claims Based on Shrinkwrap Licenses
I. INTRODUCTIONIn the midst of the software boom, and with so much at stake, computer software developers scrambled to protect their products from blatant copying and unscrupulous takeoffs. Ultimately, they responded by imposing restrictive licenses...
Why Can't Discrimination Be Discrimination? Johnson V. K Mart Corp. and the Meaning of "Discrimination" under the Americans with Disabilities Act
I. INTRODUCTIONIn March of 1994, Ms. Helen Weyer "became unable to work because of severe depression" and has remained "totally disabled" since that time.1 She began receiving disability benefits (payments in lieu of salary)2 from a group long-term disability...