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Loyola Marymount University and Loyola Law School

2019

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A Geographical Analysis Of Gentrification And The Changing Foodscape In Seattle 2010-2017, Alice Tiffany, Michele Romolini Dec 2019

A Geographical Analysis Of Gentrification And The Changing Foodscape In Seattle 2010-2017, Alice Tiffany, Michele Romolini

Honors Thesis

Anguelovski defines food privilege as “the exclusive access to desirable ‘natural’ and fresh food thanks to one’s economic, cultural, and political power” (Anguelovski 2015a). Previous studies have demonstrated that access to fresh, healthy, affordable food is correlated with socioeconomic status (LA Food Policy Council 2017; Walker et al. 2010; Alkon & Agyeman 2011; Raja et al. 2008). However, as is being increasingly noted, the introduction of environmental amenities, such as farmers markets and community gardens, can have unintended consequences and trigger environmental gentrification (Kern 2015; Pearsall 2010; Eckerd 2011; Curran & Hamilton 2012; Wolch et al. 2014; Alkon & Cadji …


Attempts Towards A Zero-Sum Game: A Recurring Imbalance Between Individual Privacy And The Fourth Amendment, Christopher Netniss Dec 2019

Attempts Towards A Zero-Sum Game: A Recurring Imbalance Between Individual Privacy And The Fourth Amendment, Christopher Netniss

Loyola of Los Angeles Entertainment Law Review

The digital era we live in today allows society to work, shop, socialize, and even monitor one’s health without having to leave the confines of one’s home. In a recent landmark privacy case, Carpenter v. United States, the individual privacy implications of the Fourth Amendment were strengthened when the Supreme Court held that the government must generally obtain a warrant before collecting more than six days of historical cell-site location information from a third-party service provider, like Verizon. Cell-site location information could implicate numerous Fourth Amendment concepts, such as the third-party doctrine, mosaic theory, and public exposure doctrine. Refusing to …


Actual Harm Means It Is Too Late: How Rosenbach V. Six Flags Demonstrates Effective Biometric Information Privacy Law, Chloe Stepney Dec 2019

Actual Harm Means It Is Too Late: How Rosenbach V. Six Flags Demonstrates Effective Biometric Information Privacy Law, Chloe Stepney

Loyola of Los Angeles Entertainment Law Review

Technology is rapidly advancing, and the law is trying to keep up. While this challenge is not new, technological advancements are impacting privacy rights in unprecedented ways. Using a fingerprint to clock in at work or face identification to unlock a smartphone provides ease and convenience, but at what cost?

Currently, there is no federal law that regulates the collection, use, and storage of biometric information in the private sector. On a local level, three states have enacted laws that specifically address biometrics. Of those, the Biometric Information Privacy Act (BIPA) in Illinois provides the strongest protections for consumers, who …


Courts, Trademarks, And The Icann Gold Rush: No Free Speech In Top Level Domains, Jerome O'Callaghan, Paula O'Callaghan Dec 2019

Courts, Trademarks, And The Icann Gold Rush: No Free Speech In Top Level Domains, Jerome O'Callaghan, Paula O'Callaghan

Loyola of Los Angeles Entertainment Law Review

In recent years, the Internet Corporation for Assigned Names and Numbers (ICANN) expanded top-level domains, such as .com, .net, and .org, to include a very wide variety of new terms. One of the new options is .sucks. This Article examines the potential for conflict when trademark holders seek to protect their mark in the context of the .sucks domain. There is a temptation to see this issue in terms of consumers’ free speech rights pitted against corporate interests. However, the recent privatization of ICANN does not bode well for promoting consumers’ First Amendment rights in domain name battles.


Be Honest With Me: How Federal Regulation Of Sports Gambling Must Protect The Integrity Of The Game, Grant Ellfeldt Dec 2019

Be Honest With Me: How Federal Regulation Of Sports Gambling Must Protect The Integrity Of The Game, Grant Ellfeldt

Loyola of Los Angeles Entertainment Law Review

On May 14, 2018, the Supreme Court struck down the Professional and Amateur Sports Protection Act (PASPA). Before the Court’s decision, PASPA had entirely prohibited states from legalizing sports gambling. In light of their newfound liberty, states began to individually legalize and regulate sports gambling. The federal government did not wait long to introduce their own regulations. On December 19, 2018, Congress introduced the Sports Wagering Market Integrity Act (SWMIA). At its core, SWMIA is designed to protect the integrity of professional sports.

To protect the integrity of professional sports and prevent fraud, SWMIA must accomplish three things. First, because …


Accounting For Adolescents’ Twice Diminished Culpability In California’S Felony Murder Rule, Raychel Teasdale Nov 2019

Accounting For Adolescents’ Twice Diminished Culpability In California’S Felony Murder Rule, Raychel Teasdale

Loyola of Los Angeles Law Review

In 2018, the California legislature passed S.B. 1437 to narrow California’s felony murder rule and theoretically apply the rule only to those with the greatest culpability in a murder. However, whether intentionally or negligently, the law leaves room to disproportionally and unjustly affect adolescents by charging those with “reckless indifference” with first-degree murder. Imbedded in psychology and neuroscience research is the conclusion that adolescent brain structure and function are still rapidly developing. As a result, adolescents are less able to weigh the risks of their actions, resist peer pressure, regulate their emotions, and control their impulses. Therefore, this Note argues …


The Stories We Tell, Daniella Cornejo, Daniel Penuela, Stacey Leon, Audrey Ashami Hammond, Guillermo Gonzalez, Laura Mejia, Jordyn Patterson, Luisa Valle, Mirian Melendez, Nicole Hernandez Nov 2019

The Stories We Tell, Daniella Cornejo, Daniel Penuela, Stacey Leon, Audrey Ashami Hammond, Guillermo Gonzalez, Laura Mejia, Jordyn Patterson, Luisa Valle, Mirian Melendez, Nicole Hernandez

First-Gen Voices: Creative and Critical Narratives on the First-Generation College Experience

These voices you will hear in this edition of First Gen Voices were crafted and cultivated in a summer trip to the Dominican Republic, where our writers had the opportunity to workshop and reflect on their experiences being first-generation. The purpose? To share their work, mind, and feelings about the struggles and incredible experiences they have made. It is their strength, resilience, and love. Enjoy.


Misdemeanors For All Purposes? Interpreting Proposition 47’S Ameliorative Scope In A New Era Of Criminal Justice Reform, Kayla Burchuk Nov 2019

Misdemeanors For All Purposes? Interpreting Proposition 47’S Ameliorative Scope In A New Era Of Criminal Justice Reform, Kayla Burchuk

Loyola of Los Angeles Law Review

In 2014, Proposition 47 reclassified seven low-level felonies to misdemeanors, demonstrating voters’ striking rejection of California’s historically punitive sentencing policies. This Note examines the recent wave of California Supreme Court jurisprudence interpreting Proposition 47 by exploring the court’s varied readings of the initiative’s ballot materials and statutory text. While the court has liberally construed relief for affected property crimes, it has responded ambivalently in more controversial areas such as drug offenses, mandatory parole periods, and automatic resentencing. This variation reveals ideological tensions between the goal of expanding ameliorative benefits to low-level offenders and anxiety regarding public safety. This Note analyzes …


Members Only: Can A Trustee Govern An Llc When Its Member Files For Bankruptcy?, Theresa J. Pulley Radwan Nov 2019

Members Only: Can A Trustee Govern An Llc When Its Member Files For Bankruptcy?, Theresa J. Pulley Radwan

Loyola of Los Angeles Law Review

Limited-liability entities allow owners to limit their personal risk similar to shareholders of a corporation while enjoying the ability to operate the business more in the manner traditionally used for a partnership. These attributes have made these business forms increasingly popular business over the past few decades because they offer the best of partnership world—control and pass-through taxation—while also offering the best of corporate world—limited liability to all of its owners. But if financial problems arise for these businesses and their owners, bankruptcy may be the final option to remedy financial difficulties. The current bankruptcy code, adopted at the same …


Procreative Autonomy In Gestational Surrogacy Contracts, Vanessa Nahigian Nov 2019

Procreative Autonomy In Gestational Surrogacy Contracts, Vanessa Nahigian

Loyola of Los Angeles Law Review

With the growing practice of gestational surrogacy, many women bear children with whom they have no genetic relationship, allowing intended parents to have children of their own when they are otherwise unable to do so. This practice, however, creates a ripple in the abortion debate. This Note addresses procreative autonomy in the context of gestational surrogacy agreements, examines the underlying constitutional interests at stake for each party involved, and suggests a solution to fill California’s current statutory void.


Legislating Morality: Moral Theory And Turpitudinous Crimes In Immigration Jurisprudence, Abel Rodríguez, Jennifer A. Bulcock Nov 2019

Legislating Morality: Moral Theory And Turpitudinous Crimes In Immigration Jurisprudence, Abel Rodríguez, Jennifer A. Bulcock

Loyola of Los Angeles Law Review

Congress could have framed the country’s immigration policies in any number of ways. In significant part, it opted to frame them in moral terms. The crime involving moral turpitude is among the most pervasive and pernicious classifications in immigration law. In the Immigration and Nationality Act, it is virtually ubiquitous, appearing everywhere from the deportability and mandatory detention grounds to the inadmissibility and naturalization grounds. In effect, it acts as a gatekeeper for those who wish to enter and remain in the country, obtain lawful permanent residence, travel abroad after admission, or become United States citizens. With limited exceptions, noncitizens …


It’S All About The Drd, What’S Wrong With Foreign Branches, And A Few Other Things You Should Know About The New International Tax Provisions, Rebecca Rosenberg Nov 2019

It’S All About The Drd, What’S Wrong With Foreign Branches, And A Few Other Things You Should Know About The New International Tax Provisions, Rebecca Rosenberg

Loyola of Los Angeles Law Review

This Article highlights and analyzes some important points about the new international tax rules. For example, such provisions do not create an entirely territorial system. The partial movement towards territorial objectives is accomplished largely through the new 100% dividends received deduction (DRD) for certain foreign dividends from foreign corporations. However, this new DRD is much more limited in its application than most taxpayers may realize (for example, due to a very long holding period requirement). Even when the DRD potentially applies, taxpayers may attempt to claim foreign tax credits instead.

In addition, some of the new tax provisions show a …


The Future Of Bail In California: Analyzing Sb 10 Through The Prism Of Past Reforms, Adam Peterson Nov 2019

The Future Of Bail In California: Analyzing Sb 10 Through The Prism Of Past Reforms, Adam Peterson

Loyola of Los Angeles Law Review

The cash bail system is the cause of numerous injustices. It favors the rich over the poor, it packs jails to the breaking point, and it forces those who have yet to be found guilty to sit in jail—often for weeks or months at a time. In 2018, the California legislature passed SB 10. The bill purported to abolish cash bail wholesale and replace it with a risk assessment program. While SB 10 is a step in the right direction, it faces many obstacles before it accomplishes its goal. This Note examines the bill in light of past attempts at …


Assessing And Strengthening Community Capacity Building In Urban Biodiversity Conservation Programs, Laura M. Mumaw, Cecily Maller, Sarah Bekessy Oct 2019

Assessing And Strengthening Community Capacity Building In Urban Biodiversity Conservation Programs, Laura M. Mumaw, Cecily Maller, Sarah Bekessy

Cities and the Environment (CATE)

Conserving native biodiversity in cities involves addressing social and ecological factors that contribute to the persistence of species. Multiple activities and programs are needed, with the participation of land managers across private and public realms; from householders to state and local governments. There are few planning and assessment tools that assist practitioners, at the scale of local governments and in the context of urban ecosystems, to consider and address inter-related human and ecological issues. We present a systems-based framework, drawn from diverse literature, for assessing conservation programs (before, during, or after implementation) on the basis of having social and ecological …


Performance Of Native Plant Genotypes (Glandularia-Verbenaceae) On Semi-Intensive Green Roofs With Low Maintenance Requirements, Mario Suárez, Leonardo Galetto, Natalia Cáceres, Emmanuel Hick, Evangelina Matoff, Lelia Imhof Oct 2019

Performance Of Native Plant Genotypes (Glandularia-Verbenaceae) On Semi-Intensive Green Roofs With Low Maintenance Requirements, Mario Suárez, Leonardo Galetto, Natalia Cáceres, Emmanuel Hick, Evangelina Matoff, Lelia Imhof

Cities and the Environment (CATE)

Assessing performance and selection of plant species that survive on vegetated green roofs can help to improve green roof functioning under harsh conditions and with low maintenance. It is necessary to increase the available options in the materials for the green roof industry considering long-term plant survival on rooftops of semiarid regions of South America. Although water is often a limiting factor for plants on green roofs, selection of some native materials can succeed in the semiarid regions of Argentina. This research explores the potential of 16 Glandularia genotypes for semi-intensive green roof under low maintenance; they were evaluated by …


Low Income Urban Forestry Program In Tucson, Arizona, Usa, Theresa Foley Phd, Ann Marie Wolf, Palmira Henriquez, Flor Sandoval, Alix Rogstad Oct 2019

Low Income Urban Forestry Program In Tucson, Arizona, Usa, Theresa Foley Phd, Ann Marie Wolf, Palmira Henriquez, Flor Sandoval, Alix Rogstad

Cities and the Environment (CATE)

Tucson is located in the Sonoran Desert, 117 km north of the US-Mexico border. The borderland region is an area experiencing increased temperatures and changing precipitation patterns caused by the combustion of greenhouse gases. Planting drought-tolerant trees to provide cooling shade has been an important mitigation strategy for Tucson and other arid cities. From 2007 to 2013, the Sonora Environmental Research Institute, Inc. (SERI) collaborated with Trees for Tucson (TFT) to distribute drought-resistant trees to low income families in south metropolitan Tucson. The Pima Association of Governments has found that this area has significantly less green spaces than other areas …


Are Coyotes “Natural”? Differences In Perceptions Of Coyotes Among Urban And Suburban Park Users, Brielle R. Manzolillo, Carol S. Henger, Tatyana Graham, Nadya Hall, Anne H. Toomey Oct 2019

Are Coyotes “Natural”? Differences In Perceptions Of Coyotes Among Urban And Suburban Park Users, Brielle R. Manzolillo, Carol S. Henger, Tatyana Graham, Nadya Hall, Anne H. Toomey

Cities and the Environment (CATE)

By 2050 more than 65% of humans are expected to live in urban and suburban areas. This shift has gained the attention of conservation scientists and managers with more focus directed on conflict and coexistence between wildlife and urbanized populations. One species that is increasingly prominent in urban and suburban environments is the coyote (Canis latrans). Coyotes have established themselves as a keystone predator with a regulating effect on prey populations, thus playing an important role in the functioning of the urban ecosystem. However, research has shown that negative perceptions of coyotes are common and contribute to support for eradication-focused …


Dialogue Is A Bridge: Mapping Information Literacy, Social Justice, And Catholic Social Teaching, Desirae S. Zingarelli-Sweet, Elisa Slater Acosta Oct 2019

Dialogue Is A Bridge: Mapping Information Literacy, Social Justice, And Catholic Social Teaching, Desirae S. Zingarelli-Sweet, Elisa Slater Acosta

LMU Librarian Publications & Presentations

In the spirit of what Pope Francis calls a “culture of encounter” created through dialogue, first we map points of convergence and potential friction between the ALA Core Values of Librarianship, themes of Catholic social teaching, and recent articulations in library literature of what social justice should mean for libraries. Second, we look at ways these differing sets of values can concretely inform how we think about and teach the ACRL Framework for Information Literacy for Higher Education to our students.

  • The attendee will leave this session with starting points for reconciling LIS values and social justice ideas with Catholic …


Creating Rich And Representative Personas By Discovering Affordances, Mostafa Mesgari, Chitu Okoli, Ana Ortiz De Guinea Oct 2019

Creating Rich And Representative Personas By Discovering Affordances, Mostafa Mesgari, Chitu Okoli, Ana Ortiz De Guinea

Information Systems and Business Analytics Faculty Works

During the last decade, information system designers have used the persona technique to put user needs and preferences at the center of all development decisions. Persona development teams draw on qualitative data, quantitative data or a combination of both to develop personas that are representative of the target users. Despite the benefits of both approaches, qualitative methods are limited by the cognitive capabilities of the experts, whereas quantitative methods lack contextual richness. To gain the advantages of both approaches, this article suggests a mixed qualitative-quantitative approach to create user personas based on the patterns of the affordances they actualize rather …


Israeli Exception-Alism: The Nation-State Law And Its Place In The Israeli Geopolitical Zeitgeist, Daniel Bral Oct 2019

Israeli Exception-Alism: The Nation-State Law And Its Place In The Israeli Geopolitical Zeitgeist, Daniel Bral

Loyola of Los Angeles International and Comparative Law Review

Israel is no stranger to the scorn of the international community. In many respects, Israel is held to a different standard than other nations. In July 2018, that hypothesis was tested when Israel’s Knesset passed The Basic Law: Israel – The Nation State of the Jewish People. Though largely symbolic, the Law declares, inter alia, “[t]he exercise of the right to national self-determination in the State of Israel is unique to the Jewish People.” Critics lambasted the clause for allegedly violating international law by rejecting non-Jews’ right to exercise self-determination in the State of Israel. This note argues that the …


Special Education In Catholic Schools Viewed From A Liberatory Hermeneutic, Mary Carlson, Jeffrey Labelle Oct 2019

Special Education In Catholic Schools Viewed From A Liberatory Hermeneutic, Mary Carlson, Jeffrey Labelle

Journal of Catholic Education

This study explores anew the issue of providing special education in Catholic schools by viewing the ethical implications from a liberatory hermeneutic. By utilizing an interdisciplinary perspective, the research draws upon liberation theology, liberation psychology, liberation pedagogy, and liberation ethics to support the moral mandate for providing education for all God’s children, including those persons with disabilities. The study challenges Catholic educational leaders to reimagine their positions on how schools might promote a more inclusive, liberatory approach to serving the special needs of children with disabilities. Finally, this research provides a Catholic, liberatory, ethical framework for inclusive Catholic education to …


Beauty, Bees, And God: The Fibonacci Sequence As A Theological Springboard In Secondary Mathematics, John D. Brahier Oct 2019

Beauty, Bees, And God: The Fibonacci Sequence As A Theological Springboard In Secondary Mathematics, John D. Brahier

Journal of Catholic Education

Catholic schools primarily should be in the business of making saints. This article identifies and explores a meaningful, engaging point of contact between mathematics and theology for high school math classes, the Fibonacci Sequence. This sequence serves as an engaging introduction to sequences and series; more importantly, the topic can be used as a springboard to theological discussions. The paper will provide a brief historical background to the Fibonacci Sequence, an explanation of how it can be used in a high school math classroom, and an exploration of three different theological touchpoints that the Fibonacci Sequence offers.


Defining Catholic Higher Education In Positive Terms, Michael Rizzi Oct 2019

Defining Catholic Higher Education In Positive Terms, Michael Rizzi

Journal of Catholic Education

Debates about Catholic higher education in the United States sometimes focus too much on what Catholic colleges and universities should not do, rather than what they should do. This article attempts to reframe those debates away from the negative expressions of Catholic identity (i.e., denying guests a right to speak on campus based on their stance on abortion) and toward more positive expressions, like promoting scholarship on Catholic history, culture, and theology. It reviews some key academic literature that approaches Catholic identity from this positive, proactive perspective, and attempts to categorize that literature into common, identifiable themes.


Remembrance Of A Christian Brothers’ Education, James R. Valadez Oct 2019

Remembrance Of A Christian Brothers’ Education, James R. Valadez

Journal of Catholic Education

This study describes the experiences of a group of individuals who attended a southern California Catholic boys’ high school, and the men who taught them. The goal of this study was to relate a narrative that explained how an education, steeped in the Christian Brothers’ mission provided a quality education for the poor, and shaped the lives, perspectives, and values of the graduates. The narrative, reported through a social perspective inspired by Catholic Social Teaching (CST), the philosophical writings of Jacques Maritain and Alisdair MacIntyre, showed how the graduates received a quality education from the Brothers, and absorbed a strong …


Book Review: Into Silence And Servitude: How American Girls Became Nuns, 1945-1965, John White Oct 2019

Book Review: Into Silence And Servitude: How American Girls Became Nuns, 1945-1965, John White

Journal of Catholic Education

Book review of Titley (2014), Into Silence and Servitude: How American Girls Became Nuns, 1945-1965


Book Review: Educating In Christ: A Practical Handbook For Developing The Catholic Faith From Childhood To Adolescence—For Parents, Teachers, Catechists And School Administrators, Thomas V. Gourlay Oct 2019

Book Review: Educating In Christ: A Practical Handbook For Developing The Catholic Faith From Childhood To Adolescence—For Parents, Teachers, Catechists And School Administrators, Thomas V. Gourlay

Journal of Catholic Education

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Net Neutrality And The European Union’S Copyright Directive For The Digital Single Market, Nathan Guzé Oct 2019

Net Neutrality And The European Union’S Copyright Directive For The Digital Single Market, Nathan Guzé

Loyola of Los Angeles International and Comparative Law Review

The European Union’s Copyright Directive for the Digital Single Market should cause concern for net neutrality advocates. This article casts a critical gaze at Article 17 (previously Article 13) of this new Directive. It chronicles the Directive’s life: starting as a reaction to the perceived inadequate copyright protections provided by the previous Information Society Copyright Directive through to its then-present status circa May 2019. Next, net neutrality is defined, and its benefits and detriments are weighed to ultimately determine the policy is desirable. Article 17’s call for eliminating safe-harbor provisions for content hosts and its call for content filters signal …


Flor Freire V. Ecuador, Raymond Chavez Oct 2019

Flor Freire V. Ecuador, Raymond Chavez

Loyola of Los Angeles International and Comparative Law Review

This case is about the discharge from duty of a Second Lieutenant of the Ecuadorian army who had been accused of engaging in homosexual conduct. The Court found violation of several articles of the American Convention. The violation of the prohibition of discrimination is the most significant one.


The Influence Of School Catholicity On Sport Educator-Coaches, Matt Hoven, Trevor Egli Oct 2019

The Influence Of School Catholicity On Sport Educator-Coaches, Matt Hoven, Trevor Egli

Journal of Catholic Education

In practice, sports often play a major role in shaping the identity of Catholic schools. Theorists consider how to better integrate religious faith into sports programs. We argue that it is also imperative to investigate how the schools' catholicity influences educator-coaches experiences of sport. Based upon analysis of a phenomenological research project in Edmonton, Canada, our study uncovered factors of lift (i.e., feeling part of something bigger, mentor-coaches as doers of the Word, and communal or relational elements) and drag (i.e., treatment of non-Catholics, seeking an authentic faith, and a lack of reflection on the integration of sport and faith). …


Utilization Of Lgbt-Specific Clinics And Providers Across Three Cohorts Of Lesbian, Gay, And Bisexual People In The United States, Adam W. Fingerhut Oct 2019

Utilization Of Lgbt-Specific Clinics And Providers Across Three Cohorts Of Lesbian, Gay, And Bisexual People In The United States, Adam W. Fingerhut

Psychological Science Faculty Works

Lesbian, gay, and bisexual (LGB) people navigate issues of stigma, discrimination, structural barriers, and a history of medical mistrust when seeking healthcare services. Lesbian, gay, bisexual, and transgender (LGBT)-specific clinics and providers offer alternative spaces where these issues may be avoided, but limited research is available on how LGB people utilize these resources. The current study analyzes data from a nationally-representative survey of 1534 LGB people across three age cohorts. Gender, sexual identity, income, proximity to LGBT community health centers, perceived health status, and the total number of lifetime diagnoses are each associated with past utilization of LGBT-specific clinics and …