Brigham Young University Law Review

Brigham Young University Law Review is a magazine focusing on Law

Articles from Vol. 1997, No. 4, 1997

Congressional Power over Federal Court Jurisdiction: A Defense of the Neo-Federalist Interpretation of Article III
Robert J. Pushaw, Jr.* Article III of the Constitution1 is so complex that its meaning has never been established conclusively, despite two centuries of intensive analysis. A perfect reading of the judiciary article will likely continue to prove elusive....
Rescuing Multidistrict Litigation from the Altar of Expediency
Carter G. Phillips Gene C. Schaerr*' Anil K Abraham** I. INTRODUCTION One of the more disturbing developments in our judicial system in the wake of mass tort and other complex litigation is the willingness of courts to depart from clear and unbending...
The Epistemology of Admissibility: Why Even Good Philosophy of Science Would Not Make for Good Philosophy of Evidence
Brian Leiter* I. INTRODUCTION In its 1923 decision in Frye u. United States,l the United States Court of Appeals for the District of Columbia set out what was, for seventy years, the most influential test for the admissibility of scientific evidence...
The Practical Power of State and Local Governments to Enforce Federal Immigration Laws
In recent years, political debate over illegal immigration has taken on a decidedly local flavor. State and local governments increasingly complain that the federally controlled immigration system is failing and that the burdens created by that failure...
Trail Mountain Coal Co. V. Utah Division of State Lands & Forestry: Can States Retroactively Alter Their Own Contractual Obligations?
I. INTRODUCTION Article I, Section 10 of the United States Constitution (the Contract Clause) prohibits the States from passing any "Law impairing the Obligation of Contracts." Like most other constitutional protections, the limits of the Contract Clause...