Brigham Young University Law Review

Brigham Young University Law Review is a magazine focusing on Law

Articles from Vol. 2006, No. 5, 2006

Bormann Revisited: Using the Penn Central Test to Determine the Constitutionality of Right-to-Farm Statutes
I. INTRODUCTIONAll fifty states have enacted some form of right-to-farm statute1 to protect farmers from nuisance suits.2 These right-to-farm laws represent a legislative intent to change common law nuisance, which has long been held to be a constitutional...
Coercion and Terrorism Prosecutions in the Shadow of Military Detention
I. Introduction........................................................................ 1256II. Use of the Criminal Justice System Against Terrorist Suspects.................................................................... 1261A. John Walker Lindh.............................................................
Nonprofit Takeovers: Regulating the Market for Mission Control
I. INTRODUCTIONA corporation that has long pursued a particular set of policies and programs is undergoing a struggle for control of its activities and, ultimately, its funds. Although in the past, incumbent board members have been reelected with little...
Sarbanes-Oxley's Structural Model to Encourage Corporate Whistleblowers
I. Introduction........................................................................ 1107II. The Need To Encourage More Effective Whistleblowing .... 1109A. Information Problems and Traditional Corporate Monitors................................................................................
The Disabled ADA: How a Narrowing ADA Threatens to Exclude the Cognitively Disabled
I. INTRODUCTIONCongress, in the Americans with Disabilities Act of 1990(1) (ADA), found that upwards of forty-three million Americans have one or more physical or mental disabilities.2 More current United States Census Bureau estimates put that number...