Brigham Young University Law Review

Brigham Young University Law Review is a magazine focusing on Law

Articles from Vol. 2005, No. 5, 2005

Constitutionality of Testing High School Male Athletes for Steroids under Vernonia School District V. Acton and Board of Education V. Earls
I. INTRODUCTIONCongress is concerned with steroid use not only by professional baseball players,1 but also by the nation's youth.2 The legislature has good reason to be concerned. A 2003 study by the National Institute on Drug Abuse showed that illicit...
Emergency Response and Planning Requirements Applicable to Unpermitted Air Pollution Releases
§ 1. INTRODUCTIONEnvironmental law, as it has evolved over the past thirty-five years, is primarily aimed at those who routinely dispose of wastes to the air, land, and water.1 Environmental law usually requires dischargers to obtain a permit that limits...
Emphasizing the Copy in Copyright: Why Noncopying Alterations Do Not Prepare Infringing Derivative Works
I. INTRODUCTIONUtilizing new digital editing technologies, an infant industry began supplying home-video consumers with the option of viewing edited versions of popular movies. These "sanitized" versions removed content deemed objectionable by some consumers,...
Protecting Student Speech Rights While Increasing School Safety: School Jurisdiction and the Search for Warning Signs in a Post-Columbine/Red Lake Environment
I. INTRODUCTIONAdam Porter's little brother wanted to draw a llama.1 He found a discarded drawing pad in the closet, drew the llama, and took it to school the next day to show his middle-school teacher.2 An otherwise uneventful day at school transformed...
Splitting the Baby: An Analysis of the Supreme Court's Take on Customary International Law under the Alien Tort Statute in Sosa V. Alvarez-Machain
I. INTRODUCTIONIn 2004, the U.S. Supreme Court did something Solomon would never have done-the justices split the proverbial baby.1 In June 2004, the Court decided Sosa v. Alvarez-Machain,2 a case initiated by a Mexican national in a federal district...
Whither Copyright? Transformative Use, Free Speech, and an Intermediate Liability Proposal
I. INTRODUCTION"In the beginning was the Word, and the Word was with God, and the Word was God."1 We have come a long way from this opening line to the Gospel according to John, as deification has morphed into reification. In 1987, the United States...
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