Brigham Young University Law Review

Brigham Young University Law Review is a magazine focusing on Law

Articles from Vol. 2011, No. 5, 2011

Adverse Publicity by Administrative Agencies in the Internet Era
Nearly forty years ago, Ernest Gellhorn documented the potentially devastating impact that can occur when federal agencies issue adverse publicity about private parties. Based on his article, the Administrative Conference of the United States recommended...
Creditors' Contempt
AbstractThis Article takes a fresh look at the power of courts and creditors to force debtors to repay their obligations through in personam collection techniques. Variously known as "debtor's examinations," "turnover orders," "citations to discover...
Humanitarian Law Project and the Supreme Court's Construction of Terrorism
TABLE OF CONTENTSI. INTRODUCTION ............................................................................... 1456II. Pre-9/11 Terrorism Jurisprudence ......................................... 1459A. The First Appearance of "Terrorism" ......................................
Hydraulic Fracturing and "Spotty" Regulation: Why the Federal Government Should Let States Control Unconventional Onshore Drilling
I. INTRODUCTIONRecent years have witnessed a shift of focus in the oil and gas industry. Conventional sources of energy are drying up.1 Global demand is on the rise.2 And offshore drilling, though potentially extremely lucrative, has proven to be a risky...
Letting the Legislature Decide: Why the Court's Use of in Loco Parentis Ought to Be Praised, Not Condemned
I. INTRODUCTIONIn 1991, school athletes in Oregon were required to submit to random, involuntary drug tests before they were allowed to participate in school-sponsored sporting events.1 In 2002, Joseph Frederick received a ten-day suspension for unfurling...
Moral Mandate or Personal Preference? Possible Avenues for Accommodation of Civil Servants Morally Opposed to Facilitating Same-Sex Marriage
I. INTRODUCTIONAs many states begin allowing same-sex marriage, civil servants with certain religious beliefs will be forced to either perform marriages they morally oppose or resign, effectively "choosfing] between conscience and livelihood."1 This...
Regulation, "Republican Moments," and Energy-Policy Reform
During the last half decade or so, energy policy reform has made its way to the top of the American policymaking agenda, driven by a groundswell of concern over environmental issues (primarily climate change), energy security issues, and the desire for...
State-Mandated Disability Insurance as Salve to the Consumer Bankruptcy Imbroglio
From Main Street to Wall Street, Americans are hurting. In 2009, over 1.4 million families filed for bankruptcy. Researchers examining the causes of bankruptcy discovered that as many as sixty-two percent of all bankruptcies were precipitated by a medical...
The New Resident Evil? State Regulation of Violent Video Games and the First Amendment
I. INTRODUCTIONThe game's premise is simple: the player controls an escaped convict named James Earl Cash as he fights for his life through the gritty streets of a fictional American city. In doing so, players of the hit video game, Manhunt, first released...