Digital Commons Network^™

Bans Beyond Borders: Entrenching Out-Of-State Abortion Bans And California’S Attempt To Shield Its Medical Providers From Liability, Anja Alexander

Loyola of Los Angeles Law Review

Since the Dobbs v. Jackson Women’s Health Organization opinion stripped U.S. citizens of the constitutional right to obtain pre-viability abortions, individual states have been vested with the power to regulate the procedure within their borders. As a result, many states have banned early-term abortions, while some have drafted bans that at-tempt to extend beyond their borders, aiming to impede the ability of their citizens to travel to other states and obtain the procedure where it is legal. These confusing and intentionally vague abortion bans have had a chilling effect on health care throughout the United States as medical professionals fear …

Moving Toward Police Accountability: Beyond Senate Bill 2, Ani Boyadjian

Loyola of Los Angeles Law Review

On September 30, 2021, California Governor Gavin Newsom signed into law Senate Bill 2 (SB 2), “creat[ing] a system to investigate and revoke or suspend peace officer certification for serious misconduct,” as well as establishing the Peace Officer Standards Accountability Division and the Peace Standards Accountability Advisory Board, which will be responsible for investigations into police misconduct. This Note will describe the new features of SB 2’s decertification provisions in contrast to traditional methods of addressing police misconduct. Additionally, this Note will examine where the bill fell short, and how to overcome its shortcomings.

California’S Failure To Protect Families: Statutory Reform To Better Serve Families Experiencing Domestic Violence, Cecilia Bobbitt

Loyola of Los Angeles Law Review

Los Angeles County is home to the largest child dependency system in the world. A significant portion of the families involved in this system have experienced domestic violence. Because the system is ineffective in responding to domestic violence, families experiencing domestic violence are especially vulnerable to the harms of the family regulation system. The harm that results is the separation of families, leading to irreparable harm and trauma which hurts, rather than helps, families.

This Article’s findings are based on qualitative legal and social science research, including deidentified data from a 2021 UCLA Pritzker Center for Strengthening Families study regarding …

Interpreting “Knowingly” To Establish Criminal Liability In Environmental Law: A Modified Public Welfare Approach, Jesse Harte Edelman

Loyola of Los Angeles Law Review

Now, more than ever, environmental disasters occur on an unprecedented scale. The main objective of environmental law is to protect the environment and human health from harm. In recognition of the role that businesses and corporations play in causing such harm, many environmental laws have been amended to criminalize their harmful conduct.

Focusing on the criminal provisions in the Clean Air Act, Clean Water Act, and Resource Conservation and Recovery Act that target offenders who engage in conduct “knowingly,” this Note addresses the split regarding the intent required for a criminal conviction, and the resultant weight accorded these statutes. Courts …

Professor Pillsbury And The Boundaries Of Deserved Punishment, Kevin Lapp

Loyola of Los Angeles Law Review

No abstract provided.

Re-Tribute: Reconsidering The Moral Psychology Of Culpability And Desert, Guyora Binder, Mathew Biondolillo

Loyola of Los Angeles Law Review

No abstract provided.

The Stones In Sam Pillsbury's Bowl, Scott Wood

Loyola of Los Angeles Law Review

No abstract provided.

Introduction: Varieties Of Recognition, Samuel H. Pillsbury

Loyola of Los Angeles Law Review

No abstract provided.

Professor Samuel H. Pillsbury's Science Of Mind: A Tribute, Deborah W. Denno

Loyola of Los Angeles Law Review

No abstract provided.

Festschrift Symposium: Honoring Professor Samuel Pillsbury, Guyora Binder, Samantha Buckingham, Deborah W. Denno, Kevin Lapp, Mary Graw Leary, Stephen J. Morse, John T. Nockleby, Samuel H. Pillsbury, Michael Waterstone, Gary C. Williams, Scott Wood

Loyola of Los Angeles Law Review

The Loyola of Los Angeles Law Review is pleased to publish this Festschrift Symposium Honoring Professor Samuel Pillsbury. The following is an edited transcript of the live symposium held at LMU Loyola Law School on Friday, March 25, 2022.

The Prosecutor In The Mirror: Conviction Integrity Units And Brady Claims, Lissa Griffin, Daisy Mason

Loyola of Los Angeles Law Review

In Brady v. Maryland, the Supreme Court held that a prosecutor has a due process obligation to disclose exculpatory evidence that is material to guilt or punishment. The failure to fulfill this duty is particularly insidious because it bears directly on both whether an innocent defendant may have been convicted as well as on whether the adjudicatory process was fair. The failure to disclose exculpatory evidence has been characterized as “epidemic” and has been documented to have made a major, outsized contribution in cases that resulted in exonerations. It is not surprising, then, that conviction integrity units in prosecutor’s …

Ramos, Race, And Juror Unanimity In Capital Sentencing, Jennifer Eisenberg

Loyola of Los Angeles Law Review

No abstract provided.

Social Media And The Stored Communications Act: Translating The Statutory Bar On Disclosure Of Private Communications From Civil To Criminal Discovery, Michelle Korol

Loyola of Los Angeles Law Review

No abstract provided.

Prosecutors, Parole, And Evidence: Why Excluding Prosecutors From Parole Hearings Will Improve California's Parole Process, E. A. Murcia

Loyola of Los Angeles Law Review

No abstract provided.

Ineffective Assistance Of Counsel In Dna Cases: A Re-Appraisal Of The Effectiveness Of Strickland V. Washington Judges, Albert E. Scherr

Loyola of Los Angeles Law Review

No abstract provided.

California's Foster Youth Bill Of Rights As A Roadmap For Expanding Rights Of Lgbtq2s+ Foster Youth In America: A Fifty-State Survey, Thomas Barrymore Murtland

Loyola of Los Angeles Law Review

No abstract provided.

Ab 32 Is A Ban: California Takes The Right Approach But Must Still Take Further Action Against For-Profit Corporations In Our Prison System, Jonathan Barrera

Loyola of Los Angeles Law Review

No abstract provided.

Crooked Politicians: Elusive Criminal Punishments And Paths To Accountability, Pedro Gerson

Loyola of Los Angeles Law Review

No abstract provided.

Willful Blindness As Mere Evidence, Gregory M. Gilchrist

Loyola of Los Angeles Law Review

The willful blindness doctrine at criminal law is well-established and generally fits with moral intuitions of guilt. It also stands in direct tension with the first principle of American criminal law: legality. This Article argues that courts could largely preserve the doctrine and entirely avoid the legality problem with a simple shift: willful blindness ought to be reconceptualized as a form of evidence.

Whose Rights Matter More—Police Privacy Or A Defendant’S Right To A Fair Trial?, Laurie L. Levenson

Loyola of Los Angeles Law Review

The function of the prosecutor under the federal Constitution is not to tack as many skins of victims as possible to the wall. His function is to vindicate the right of the people as expressed in the laws and give those accused of crime a fair trial.

– William O. Douglas

The Need For A Historical Exception To Grand Jury Secrecy In The Federal Rules Of Criminal Procedure, Daniel Aronsohn

Loyola of Los Angeles Law Review

No abstract provided.

A Too Permeating Police Surveillance: Consumer Genetic Genealogy And The Fourth Amendment After Carpenter, Michael I. Selvin

Loyola of Los Angeles Law Review

No abstract provided.

The Evolution Of Juvenile Justice From The Book Of Leviticus To Parens Patriae: The Next Step After In Re Gault, Donald E. Mcinnis, Shannon Cullen, Julia Schon

Loyola of Los Angeles Law Review

Since the arrival of the Pilgrims, American jurisprudence has known that its law-breaking children must be treated differently than adults. How children are treated by the law raises ethical and constitutional issues. This Article questions the current approach, which applies adult due process protections to children who are unable to fully understand their constitutional rights and the consequences of waiving those rights. The authors propose new Miranda warnings and a Bill of Rights for Children to protect children and their constitutional right to due process under the law.

Cell-Site Location Information And The Privacies Of Life: The Impact Of Carpenter V. United States, Trevor Moore

Loyola of Los Angeles Law Review

No abstract provided.

Supervised Release Is Not Parole, Jacob Schuman

Loyola of Los Angeles Law Review

The United States has the largest prison population in the developed world. Yet outside prisons, there are almost twice as many people serving terms of criminal supervision in the community— probation, parole, and supervised release. At the federal level, this “mass supervision” of convicted offenders began with the Sentencing Reform Act of 1984, which abolished parole and created a harsher and more expansive system called supervised release. Last term in United States v. Haymond, the Supreme Court took a small step against mass supervision by striking down one provision of the supervised release statute as violating the right to …

In Re Cook And The Franklin Proceeding: New Door, Same Dilapidated House, Christopher Hawthorne, Marisa Sacks

Loyola of Los Angeles Law Review

The California Supreme Court’s decision in In re Cook was supposed to bring about a sea change in the way trial courts conduct Franklin mitigation hearings for youthful offenders. In fact, while Cook changed the procedure for initiating a post-conviction Franklin proceeding, little else has changed, including the lack of agreement among attorneys concerning best practices in these proceedings, and a less than less-than-enthusiastic response from the criminal defense bar. Absent any guidance from higher courts, the Franklin proceeding is limited by the personal and institutional energies and preferences of judges, prosecutors, public defenders and private defense counsel. The authors …

Overdue Justice: People V. Valenzuela And The Path Toward Gang Prosecution Reform, Ryan Nelson

Loyola of Los Angeles Law Review

No abstract provided.

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 …

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 …

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 …