Brigham Young University Law Review

Brigham Young University Law Review is a magazine focusing on Law

Articles from Vol. 2005, No. 1, 2005

A New Interpretation of the Contemporaneous Ownership Requirement in Shareholder Derivative Suits: In Re Bank of New York Derivative Litigation and the Elimination of the Continuing Wrong Doctrine
I. INTRODUCTIONIn today's fierce business world some corporate directors feel the need to try anything possible to gain an edge, even if it means engaging in illegal business practices. Reports highlighting corporate corruption and greed frequent the...
Arbitration and State Action
The increasing popularity of arbitration among employers and businesses has triggered skepticism and concern among the plaintiffs' employment discrimination bar and consumer advocacy groups. Groups critical of the use of arbitration often characterize...
Battle over Control of Low-Level Radioactive Waste: Some States Are Overstepping Their Bounds
I. INTRODUCTIONIn 1979, all existing nuclear power plants, government and private, disposed of their low-level radioactive waste (LLRW)1 at only three sites: one in Nevada, one in Washington, and one in South Carolina,2 The governors of two of the states...
Reconsidering Absolute Prosecutorial Immunity
I. INTRODUCTIONWhile certainly the vast majority of prosecutors are ethical lawyers engaged in vital public service, the undeniable fact is that many innocent people have been wrongly convicted of crimes as a result of prosecutorial misconduct.1 Prosecutors...
Salvaging States' Rights to Protect Children from Internet Predation: State Power to Regulate Internet Activity under the Dormant Commerce Clause
I. INTRODUCTIONIn June 2000, the National Center for Missing and Exploited Children ("NCMEC") released a sobering report, indicating that sexual predators on the Internet are targeting more children than previously thought. The report, entitled Online...