Brigham Young University Law Review

Brigham Young University Law Review is a magazine focusing on Law

Articles from Vol. 1999, No. 1, 1999

Intrinsic Limits of Congress Power regarding the Judicial Branch
I. INTRODUCTION The question of Congress' power pervades the law of federal courts. This crucial aspect of the Constitution's separation of powers1 has been discussed extensively (although still inadequately) in connection with subject matter jurisdiction,2...
It's Time for Means-Testing
I. INTRODUCTION In an era of low unemployment, steady economic growth, and general prosperity, one jarring statistic begs for explanation: the unremitting growth in consumer bankruptcy rates during the past decade.1 Rising from 172,000 filers in 1978,2...
MCC-Marble Ceramic Center: The Parol Evidence Rule and Other Domestic Law under the Convention on Contracts for the International Sale of Goods
I. INTRODUCTION The United Nations Convention on Contracts for the International Sale of Goods1 (CISG or "Convention") is considered one of the greatest achievements of modern legal history.2 Even before its ratification by the United States Congress...
Proselytism and the Freedom to Change Religion in International Human Rights Law
I. INTRODUCTION Justice Frankfurter of the United States Supreme Court once wrote: "Adjustment of the inevitable conflict between free speech and other interests is a problem as persistent as it is perplexing."1 Proselytism is one form of expression...
Secularism and the Supreme Court
"God is dead." --Nietzsche^ "The third day He rose again from the dead." -The Apostle's Creed^^ Beginning with the Enlightenment in the eighteenth century, religion was widely denounced by intellectuals as superstition, the enemy of reason and progress....
Telephone Mnemonics and Complementary Numbers: A Review of Trademark and Unfair Competition Law and Policy
I. INTRODUCTION Telephone mnemonics, or vanity numbers, are numbers represented by their corresponding letters from the telephone dial or keypad, which spell-either literally or phonetically-catchy words, phrases, trademarks, or names.1 Since as early...
Third-Party Consent under the United States and Utah Constitutions: Should Utah Adopt the Federal Standard?
I. INTRODUCTION A search conducted without a warrant is generally "per se unreasonable" under the Fourth Amendment' to the United States Constitution.2 The United States Supreme Court, however, has recognized several exceptions that justify a warrantless...
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