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BYU Law Review

CURRENT ISSUE

Defining Fraud as an Unprotected Category of Speech
Natali Wyson

Nondiscrimination and Religious Affiliation

Devin Snow
 
Eliminating the Subjective Intent Requirement for True Threats in United States v. Bagdasarian
Jake Romney
 
Simmonds v. Credit Suisse Securities: Applying Delaware's Demand Requirement to Section 16(b)

Joseph A. Orien
 
Excessive or Unwarranted? The Unshackling of Discovery Sanctions in Lee v. Max Int'l, LLC
Dan Mehr
 
United States v. Cotterman Fails to Recognize the Right of the People to Be Free from Exhaustive, Exploratory Searches on Their Computers
Aaron McKnight
 
Did Bad Debtors Influence the Tenth Circuit to Make an Unfortunate Decision?
Laura Jones
 
Chilling Voluntary Disclosure
Jessica Jones
 
Uneven "Neutrality": Dual Standards and the Establishment Clause in Poway v. Johnson
Eric Jeppsen
 
The Ninth Circuit's New Trademark Infringement Test in Network Automation
Greg Israelsen
 
U.S. v. Renzi: Reigning in the Speech of Debate Clause to Fight Corruption in Congress Post Rayburn
AJ Green
 
United States v. Ruiz-Gaxiola: When Criminal Defendants Say No to Drugs
Adam Dayton
 
Keep Your Program Out of My Game
Brandon Crowther
 
Vandevere v. Lloyd: The Ninth Circuit Does by Judicial Decree What the Takings Clause Forbids Alaska to Do by Legislative Fiat
Cory Clements
 
Mohamed v. Jeppesen Dataplan, Inc.: The Ninth Circuit Sends the Totten Bar Flying Away on the Jeppesen Airplane
Michael Cannon
 
Digitally Unknown: Why the Ninth Circuit Should Wish to Remain Anonymous in In re Anonymous Online Speakers
Brandon Crowther
 
United States v. Reece: The Tenth Circuit Follows Circuit Trends on Second Amendment Interpretation
Garrett Barlow
 
American Atheists, Inc. v. Davenport: Endorsing a Presumption of Unconstitutionality Against Potentially Religious Symbols
Eric Ashcroft
 
Honest Services Fraud and the Fiduciary Relationship Requirement
Samantha Hunter

  • The Press, the Public, and the U.S. Supreme Court

              2012 BYU Law Review Symposium

    The BYU Law community had the privilege of hearing from a stellar lineup of speakers and panelists at the 2012 Law Review Symposium, titled “The Press, the Public, and the U.S. Supreme Court.”  Presenters included professors of law, political science, and communications from universities across the country. Dean Erwin Chemerinsky from the University of California, Irvine School of Law provided the keynote address on “The Supreme Court’s Failure to Communicate.”
     
    In addition, prominent members of the Supreme Court press corps participated in a journalist panel to discuss “Reporting on the Nation’s Highest Court.”  Panelists included Supreme Court reporters Adam Liptak from The New York Times; Lyle Denniston from SCOTUS blog; Dahlia Lithwick, a contributing editor at Newsweek and senior editor at Slate; and Tony Mauro, who writes for The National Law Journal, American Lawyer Media and law.com . . . [learn more].


     
  • Religion, Democracy, and Civil Society  
              Nineteenth Annual International Law & Religion Symposium

    The Nineteenth Annual International Law and Religion Symposium will be held October 7-9, 2012, at the J. Reuben Clark Law School on the campus of Brigham Young University in Provo, Utah. The event will be hosted by BYU's International Center for Law & Religion, which has hosted similar symposia since 1994.

    The theme for this year's Symposium will be "Religion, Democracy, and Civil Society." Invited international experts in law and religious issues — including government and church leaders as well as leading academics —  will discuss the theme by speaking to such topics as Religious Organizations, Civil Society, and Pluralism; The Role of Religion in Democratic Transformation; and Religion in Public and Private.
  • Symposium Introduction

              Navigating the Intersection of Environmental Law and Disaster Law

    by Daniel Farber

    In an environmental disaster, a disaster causes environmental harm, or an environmental change causes an acute risk to humans, or a combination of both takes place. Examples include the BP oil spill, the London killer fog of 1952, the 2003 European heat wave, and the 2011 Japanese tsunami. Climate change will intensify the connection between disaster issues and the environment. Given the interwoven nature of disasters and the environment, we should consider what environmental law and disaster law can learn from each other. Environmental law has the most to teach disaster law about risk management and prevention. Disaster law, in contrast, directs attention to issues of unequal risk exposure and to compensation as a supplement to risk mitigation . . . [continue reading].

  • A Learning Collaboratory

              Improving Federal Climate Change Adaptation Planning

    by Alejandro E. Camacho

    Though composed many decades ago, these observations by H.G. Wells hold as true today—in the context of global anthropogenic climate change—as ever. The regularly dynamic global climate is currently shifting precipitously, caused at least in part by increases in greenhouse gas concentrations due to continuing development and industrialization. Evidence confirms that widespread harmful effects to ecological and human systems have already occurred. Amidst projections of a wide range of risks to both . . . [continue reading].

  • Adapting to Climate Change While Planning for Disaster

              Footholds, Rope Lines, and the Iowa Floods

    by Abby Hall and Robert R.M. Verchick

    If you have never seen a pig swim, you have never been in Iowa during a flood. When the rivers jump their banks in southeastern Iowa they flood thousands of acres of hog farms. With a little planning and enough trucks and skiffs, hog farmers have been able to evacuate these animals in surprising numbers. But pigs that miss the boat must take their chances in the waves or on the corrugated roofs of buildings. A few unlucky ones caught scrambling up the tops of levees will, out of concern for the structures' integrity, be shot. The state of Iowa has experienced catastrophic flooding three times in the past seventeen years—1993, 2008, and 2010. Those disasters . . . [continue reading].

  • Smart Growth in Dumb Places

              Sustainability, Disaster, and the Future of the American City

    by Lisa Grow Sun

    On March 11, 2011, a magnitude 9.0 earthquake rocked Japan and triggered a massive tsunami that devastated the country’s northern coast. While the cautionary tales  of this heart-breaking disaster will be written over many years or even decades, some critical  lessons can already be discerned. Japan’s experience confirms, for example, that strict, well-enforced building codes are crucial tools for mitigating disaster risk. There is little doubt that an earthquake of this magnitude would have killed many more people had it occurred in almost any other densely populated urban area. Japan’s famously strict building codes saved many,  many lives—likely reducing the death toll by tens of thousands. The relative success of Japan’s . . . [continue reading].

     

  • The Press, the Public, and the U.S. Supreme Court

              2012 BYU Law Review Symposium

    The BYU Law community had the privilege of hearing from a stellar lineup of speakers and panelists at the 2012 Law Review Symposium, titled “The Press, the Public, and the U.S. Supreme Court.”  Presenters included professors of law, political science, and communications from universities across the country. Dean Erwin Chemerinsky from the University of California, Irvine School of Law provided the keynote address on “The Supreme Court’s Failure to Communicate.”
     
    In addition, prominent members of the Supreme Court press corps participated in a journalist panel to discuss “Reporting on the Nation’s Highest Court.”  Panelists included Supreme Court reporters Adam Liptak from The New York Times; Lyle Denniston from SCOTUS blog; Dahlia Lithwick, a contributing editor at Newsweek and senior editor at Slate; and Tony Mauro, who writes for The National Law Journal, American Lawyer Media and law.com . . . [learn more].


     
  • Religion, Democracy, and Civil Society  
              Nineteenth Annual International Law & Religion Symposium

    The Nineteenth Annual International Law and Religion Symposium will be held October 7-9, 2012, at the J. Reuben Clark Law School on the campus of Brigham Young University in Provo, Utah. The event will be hosted by BYU's International Center for Law & Religion, which has hosted similar symposia since 1994.

    The theme for this year's Symposium will be "Religion, Democracy, and Civil Society." Invited international experts in law and religious issues — including government and church leaders as well as leading academics —  will discuss the theme by speaking to such topics as Religious Organizations, Civil Society, and Pluralism; The Role of Religion in Democratic Transformation; and Religion in Public and Private.
  • Symposium Introduction

              Navigating the Intersection of Environmental Law and Disaster Law

    by Daniel Farber

    In an environmental disaster, a disaster causes environmental harm, or an environmental change causes an acute risk to humans, or a combination of both takes place. Examples include the BP oil spill, the London killer fog of 1952, the 2003 European heat wave, and the 2011 Japanese tsunami. Climate change will intensify the connection between disaster issues and the environment. Given the interwoven nature of disasters and the environment, we should consider what environmental law and disaster law can learn from each other. Environmental law has the most to teach disaster law about risk management and prevention. Disaster law, in contrast, directs attention to issues of unequal risk exposure and to compensation as a supplement to risk mitigation . . . [continue reading].

  • A Learning Collaboratory

              Improving Federal Climate Change Adaptation Planning

    by Alejandro E. Camacho

    Though composed many decades ago, these observations by H.G. Wells hold as true today—in the context of global anthropogenic climate change—as ever. The regularly dynamic global climate is currently shifting precipitously, caused at least in part by increases in greenhouse gas concentrations due to continuing development and industrialization. Evidence confirms that widespread harmful effects to ecological and human systems have already occurred. Amidst projections of a wide range of risks to both . . . [continue reading].

  • Adapting to Climate Change While Planning for Disaster

              Footholds, Rope Lines, and the Iowa Floods

    by Abby Hall and Robert R.M. Verchick

    If you have never seen a pig swim, you have never been in Iowa during a flood. When the rivers jump their banks in southeastern Iowa they flood thousands of acres of hog farms. With a little planning and enough trucks and skiffs, hog farmers have been able to evacuate these animals in surprising numbers. But pigs that miss the boat must take their chances in the waves or on the corrugated roofs of buildings. A few unlucky ones caught scrambling up the tops of levees will, out of concern for the structures' integrity, be shot. The state of Iowa has experienced catastrophic flooding three times in the past seventeen years—1993, 2008, and 2010. Those disasters . . . [continue reading].

  • Smart Growth in Dumb Places

              Sustainability, Disaster, and the Future of the American City

    by Lisa Grow Sun

    On March 11, 2011, a magnitude 9.0 earthquake rocked Japan and triggered a massive tsunami that devastated the country’s northern coast. While the cautionary tales  of this heart-breaking disaster will be written over many years or even decades, some critical  lessons can already be discerned. Japan’s experience confirms, for example, that strict, well-enforced building codes are crucial tools for mitigating disaster risk. There is little doubt that an earthquake of this magnitude would have killed many more people had it occurred in almost any other densely populated urban area. Japan’s famously strict building codes saved many,  many lives—likely reducing the death toll by tens of thousands. The relative success of Japan’s . . . [continue reading].