Brigham Young University Law Review

Brigham Young University Law Review is a magazine focusing on Law

Articles from Vol. 2012, No. 4, 2012

Closing Pandora's Box: Proposing a Statutory Solution to the Supreme Court's Failure to Adequately Protect Private Property
I. INTRODUCTIONIt is by no means an exaggeration to characterize the Supreme Court's 2005 Kelo v. City of New London decision as its most unpopular ruling in more than a century. Justice Scalia, one of four Kelo dissenters, went so far as to put Kelo...
From Handbills to Proposed Bills: Suggestions for Regulating the Las Vegas "Strip" Tease
I. INTRODUCTIONThe world-class resorts that shape Las Vegas' neon skyline draw millions of visitors each year. These tourists are the lifeblood of the economy, and they come to enjoy the attractions and densely concentrated along Las Vegas Boulevard....
Mobility Measures
Geographic mobility is a celebrated feature of American life. Deciding where to live is seen not only as a key personal freedom, but also a means of economic advancement. Millions of Americans move each year over great distances. But while this right...
The Constitutional Limits of the "National Consensus" Doctrine in Eighth Amendment Jurisprudence
I. INTRODUCTIONShould Congress be able to unilaterally determine the constitutionality of a criminal sentence under the Eighth Amendment? Moreover, should Congress be able to override the Supreme Court's judgment that a particular criminal punishment...
The New Progressive Property and the Low-Income Housing Conflict
ABSTRACTThe foundation of property law has been much debated in recent years, as several scholars have sought to provide a theoretical alternative to what they call the dominant, "law-and-economics" approach to property. In place of the law-and-economics...
Towards a Critical IP Theory: Copyright, Consecration, and Control
"All animals are equal, but some animals are more equal than others."- George Orwell, Animal FarmI. INTRODUCTIONIntellectual-property jurisprudence increasingly informs the way in which social order is maintained in the twenty-first century. By regulating...