Brigham Young University Law Review

Brigham Young University Law Review is a magazine focusing on Law

Articles from Vol. 1998, No. 1, 1998

A Lawyer's Guide to the Second Amendment
Steven H. Gunn* A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. -U.S. CONST. amend. II. I. INTRODUCTION Few subjects in American jurisprudence have produced...
Classifying International Agreements under U.S. Law: The Beijing Platform as a Case Study
I. INTRODUCTION The 1995 United Nations Fourth World Conference on Women held in Beijing, China culminated in the creation of the Beijing Platform for Action, a document containing 361 paragraphs on the physical, political, sexual, and economic rights...
Is the Second Amendment Finally Becoming Recognized as Part of the Constitution? Voices from the Courts
Sanford Levinson* As every constitutional lawyer knows, the "working matter" of constitutional law scarcely embraces the entirety even of the notably short United States Constitution. No contemporary lawyers concern themselves with letters of marque...
Parent Corporation Liability for Subsidiary Violations under Sec 107 of CERCLA: Responding to United States V. Cordova Chemical Co
Parent Corporation Liability for Subsidiary Violations Under (sec)107 of CERCLA: Responding to United States v. Cordova Chemical Co. I. INTRODUCTION In 1980 Congress enacted the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA...
Private Organizations and the Militia Status: They Don't Make Militias like They Used To
Marguerite A. Driessen* I. INTRODUCTION The Second Amendment is not for everyone. For the uninitiated, like myself, a foray into its analysis is fraught with potential pitfalls. There is an intensity of feeling on all sides of the debate that screams...
ProCD, Inc. V. Zeidenberg: The End Does Not Justify the Means in Federal Copyright Analysis
I. INTRODUCTION The Supreme Court recently reaffirmed that the "most fundamental axiom of copyright law is that '[n]o author may copyright his ideas or the facts he narrates."'1 However, with the explosion of the computer software industry, the question...
Securing a Free State: Why the Second Amendment Matters
Securing a Free State: Why the Second Amendment Matters David Harmer i I. INTRODUCTION The printed program for the symposium1 at which I presented the paper giving rise to this article mistakenly entitled my remarks, "Serving a Free State." When asked...
The Brady Handgun Prevention Act and the Community Protection Initiative: Legislative Responses to the Second Amendment?
Orrin G. Hatch* I. INTRODUCTION I want to extend my thanks to the Federalist Society at the J. Reuben Clark Law School for inviting me to share some thoughts on the Second Amendment "right to keep and bear arms."1 The primary federal response I will...
There Should Be No Reliance in the "Blue Sky"
I. INTRODUCTION Since the Uniform Securities Act1 (Uniform Act) was adopted by the National Conference of Commissioners on Uniform State Laws in 1956, much confusion has persisted concerning the issue of whether reliance should be a required element...
The Right to Keep and Bear Arms in Light of Thornton: The People and Essential Attributes of Sovereignty
Kevin J Worthen* Few people think about gun control and term limits in the same way. They generally favor one or the other, but not both or neither. The thesis of this Article, however, is that the two concepts are connected-or at least that the Framers...
The Unpredictible Scope of the Waiver Resulting from the Advice-of-Councel Defense to Willful Patent Infringement
I. INTRODUCTION In patent litigation, defendants typically face a dilemma when the complaint contains a claim of willful patent infringement. Often the best response a defendant has to this claim is that counsel advised the defendant that she was not...
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