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 …

Implied Malice Aiding And Abetting: A Doctrinal Maze, Jason Mayland

Loyola of Los Angeles Law Review

In the wake of the California Legislature’s elimination of the natural and probable consequences theory of second-degree murder, a new doctrine has emerged for assigning murder liability to accomplices in fatal assaults: implied malice aiding and abetting. This theory, which preserves murder liability for assailants who neither kill nor intend to kill, combines the doctrines of aiding and abetting and implied malice. The difficulty of navigating the resulting thicket of interlocking requirements raises a serious risk that the doctrine will be applied too broadly. After outlining the history of accomplice liability for murder in California and analyzing several cases where …

The Paga Problem: Conflict Between California Employment Policy And Federal Arbitration Act Expansion, Scot Gauffeny

Loyola of Los Angeles Law Review

In June 2022, the U.S. Supreme Court handed down its decision in Viking River Cruises v. Moriana. This controversial opinion sought to resolve ongoing tension between the Federal Arbitration Act (FAA) and California’s Private Attorneys General Act (PAGA) by overturning California precedent dating back to 2014. In keeping with its decades-long crusade to strengthen the FAA, the Supreme Court removed the primary procedural mechanism through which putative PAGA plaintiffs could avoid mandatory arbitration of their claims, instead requiring aggrieved employees to sever their “individual” PAGA claims from the claims of their “similarly aggrieved” coworkers. Those opposed to PAGA viewed …

S.B. 98 And The Outer Limits Of Journalism, Daniel Lemer

Loyola of Los Angeles Law Review

Senate Bill 98 (S.B. 98), signed into law on October 9, 2021, aims to safeguard the right of journalists in California to cover public protests without police interference. However, the bill is silent as to who qualifies as a journalist and thus falls under its protections. This Note analyzes different approaches to defining the press in the legal, academic, and journalistic fields. In the context of S.B. 98, it advocates for a broad, process-based definition that encompasses a wide range of newsgatherers, from established professionals writing for major publications, to individuals documenting the events unfolding in their communities with nothing …

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 …

Market Humiliation, Hila Keren

Loyola of Los Angeles Law Review

For many people, the marketplace is too often a site of intense humiliation. This Article aims to assist legal practitioners, judges, lawmakers, and scholars in understanding what market humiliation is, how it operates, and what can be done to curtail it. This is a particularly timely—even urgent—task due to a pair of 2022 developments at the Supreme Court that carry an enhanced threat to dignified market participation. In one, Cummings v. Premier Rehab Keller, the Court denied damages for emotional harm from a deaf and legally blind woman who was refused suitable accommodation by a private medical provider. The …

Professor Pillsbury And The Boundaries Of Deserved Punishment, Kevin Lapp

Loyola of Los Angeles Law Review

No abstract provided.

"Judicial Frustration": A Local Judge's Bold Attempt To Solve The Homelessness Crisis From The Bench, Gregory A. Alonge

Loyola of Los Angeles Law Review

In May 2021, in the case of LA Alliance v. Los Angeles, Judge David O. Carter of the Central District of California granted a sweeping order enjoining the city and county of Los Angeles to offer shelter to all unhoused persons living in Skid Row. The 109-page order identified structural racism and government indifference as the unconstitutional causes of homelessness in the region, and condemned California’s housing-first approach to addressing the issue. Although the Ninth Circuit swiftly vacated the preliminary injunction on procedural grounds, Judge Carter’s order begs the question: would universal shelter offers actually ameliorate the homelessness crisis? …

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.

Motive As An Aggravating Factor In The Law Of Intentional Homicide, Stuart P. Green

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.

Overprotected But Unrepresented: An Argument For Mandatory Appointment Of Counsel And Against Automatic General Conservatorships In California, Maria De Los Angeles Reyes Olmedo

Loyola of Los Angeles Law Review

Conservatorships are restrictive arrangements that must be reserved for people with severe intellectual and/or developmental disabilities. However, California probate courts unnecessarily impose conservatorships and forego less restrictive alternatives for the sake of administrative convenience. While AB 1194 will ameliorate California’s paternalistic conservatorship system, this Note advocates for requiring courts to appoint counsel to all conservatees and proposed conservatees in every conservatorship proceeding, and to enact conservatorships only after proving less restrictive methods are insufficient. Humans—regardless of their dis/ability—deserve to age with dignity in a conservatee-centric system that does not violate their constitutional, federal, and state rights.

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 …

Questioning The Employee Non-Solicitation Covenant, Charles T. Graves

Loyola of Los Angeles Law Review

Based on an in-depth review of the dubious justifications courts have offered when enforcing co-worker non-solicitation covenants, this Article proposes that courts have too strongly favored employers against their former employees in such disputes.

A co-worker non-solicitation covenant is a contract term that prohibits a departing employee, for some period of time, from inviting his or her former co-workers to join him or her at a new job—or from encouraging a former co-worker to leave the company for any other reason. Some are worded so broadly that one could breach the contract by advising a colleague to leave a hostile …

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

Loyola of Los Angeles Law Review

No abstract provided.

Smile! You're On Camera: Police Departments' Use Of Facial Recognition Technology & The Fourth Amendment, Adriana Bass

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.

One Step Backward: The Ninth Circuit's Unfortunate Rule 404(B) Decision In United States V. Lague, Dorie Klein

Loyola of Los Angeles Law Review

No abstract provided.

Balancing Interests Under Section 230(C) Of The Communications Decency Act: Using The Sword As Well As The Shield, Andrew R. Klein

Loyola of Los Angeles Law Review

No abstract provided.

Discretion Without Oversight: The Federal Government's Powers To Investigate And Prosecute Domestic Terrorism, Rachael Hanna, Eric Halliday

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.

Protected But Prejudiced: Redefining A Corporation's Ability To Pursue Or Defend Litigation Without Counsel, Nazgole Hashemi

Loyola of Los Angeles Law Review

No abstract provided.

Miranda For Janus: The Government's Obligation To Ensure Informed Waiver Of Constitutional Rights, Deborah J. La Fetra

Loyola of Los Angeles Law Review

No abstract provided.

The First Amendment And Facial Recognition Technology, Katja Kukielski

Loyola of Los Angeles Law Review

No abstract provided.