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Articles 1 - 30 of 35
Full-Text Articles in Law
Egg Donation: Whether A Woman Has A Property Right In Her Own Egg And How Donors Should Be Taxed, Richard Gano
Egg Donation: Whether A Woman Has A Property Right In Her Own Egg And How Donors Should Be Taxed, Richard Gano
Loyola of Los Angeles Law Review
No abstract provided.
Rediscovering Liberty Of Contract: The Unnoticed Economic Right Contained In The Freedom Of Speech, Steven C. Begakis
Rediscovering Liberty Of Contract: The Unnoticed Economic Right Contained In The Freedom Of Speech, Steven C. Begakis
Loyola of Los Angeles Law Review
The liberty of contract formation is a form of speech, and thus it is a right guaranteed by the First Amendment of the U.S. Constitution.This Article examines how the First Amendment secures the liberty of contract formation and analyzes how that liberty is supported by the U.S. Supreme Court’s commercial speech jurisprudence and by both originalist and traditionalist theories of Constitutional interpretation.
Criminals, Classrooms, And Kangaroo Courts: Why College Campuses Should Not Adjudicate Sexual Assault Cases, Ashley Sarkozi
Criminals, Classrooms, And Kangaroo Courts: Why College Campuses Should Not Adjudicate Sexual Assault Cases, Ashley Sarkozi
Loyola of Los Angeles Law Review
No abstract provided.
Understanding The Defend Trade Secrets Act (Dtsa): The Federalization Of Trade Secrecy, David Green, James Pooley, Elizabeth Rowe, Ryan Calo
Understanding The Defend Trade Secrets Act (Dtsa): The Federalization Of Trade Secrecy, David Green, James Pooley, Elizabeth Rowe, Ryan Calo
Loyola of Los Angeles Law Review
No abstract provided.
In Defense Of California's Mandatory Child Vaccination Law: California Courts Should Not Depart From Established Precedent, Stephanie Awanyai
In Defense Of California's Mandatory Child Vaccination Law: California Courts Should Not Depart From Established Precedent, Stephanie Awanyai
Loyola of Los Angeles Law Review
In the wake of the 2015 measles outbreak in California, California Senate Bill 277 (S.B. 277) was enacted. S.B. 277 repeals the personal belief exemption to California’s immunization requirement for children in public and private educational or child care facilities in the State. While S.B. 277 was enacted to prevent the spread of contagious diseases through mandatory vaccinations of school-aged children, there are objections to this approach. Parents who oppose S.B. 277 contend that S.B. 277 violates their federal and state constitutional rights to make medical decisions on behalf of their child, and infringes on their child’s fundamental state interest …
Richards Ii Takes A Bite Out Of Forensic Science, Michelle Cornell-Davis
Richards Ii Takes A Bite Out Of Forensic Science, Michelle Cornell-Davis
Loyola of Los Angeles Law Review
No abstract provided.
Ncaa: No Consequences Against Athletes, Catalina Kelly
Ncaa: No Consequences Against Athletes, Catalina Kelly
Loyola of Los Angeles Law Review
No abstract provided.
The Chaos Of The Cfaa: Facebook's Successful Cfaa Claim Affects Website Owners, Competitors, And You, Breana Love
The Chaos Of The Cfaa: Facebook's Successful Cfaa Claim Affects Website Owners, Competitors, And You, Breana Love
Loyola of Los Angeles Law Review
No abstract provided.
Gun Rights Or Gun Control? How California's Waiting Period Law Can Pave The Way To Increased Regulation, Natasha Tran
Gun Rights Or Gun Control? How California's Waiting Period Law Can Pave The Way To Increased Regulation, Natasha Tran
Loyola of Los Angeles Law Review
No abstract provided.
Good Intentions, Unintended Consequences: How United States V. James Will Affect Federal Sexual Abuse Analysis, Kelsey Wong
Good Intentions, Unintended Consequences: How United States V. James Will Affect Federal Sexual Abuse Analysis, Kelsey Wong
Loyola of Los Angeles Law Review
No abstract provided.
Making Room For Juvenile Justice: The Supreme Court's Decision In Montgomery V. Louisiana, Chelsea S. Gumaer
Making Room For Juvenile Justice: The Supreme Court's Decision In Montgomery V. Louisiana, Chelsea S. Gumaer
Loyola of Los Angeles Law Review
No abstract provided.
Distorting Extortion: How Bribery And Extortion Became One And The Same Under The Hobbs Act, Sigourney Haylock
Distorting Extortion: How Bribery And Extortion Became One And The Same Under The Hobbs Act, Sigourney Haylock
Loyola of Los Angeles Law Review
No abstract provided.
Storage Wars: Analyzing The Territorial Limits Of The Sca's Warrant Provision, Peter Liskanich
Storage Wars: Analyzing The Territorial Limits Of The Sca's Warrant Provision, Peter Liskanich
Loyola of Los Angeles Law Review
No abstract provided.
Taxing Greed, Genevieve Tokić
Taxing Greed, Genevieve Tokić
Loyola of Los Angeles Law Review
Appeals to greed in support of various tax proposals are often seen in response to populist moods in politics. Such appeals may be used to garner political support for a policy or proposal. However, there has been little academic consideration of the role of greed (or attitudes towards greed) in the law, and in tax law in particular. This Article seeks to fill that gap by taking a close look at the concept of greed. In doing so, the Article first surveys the history of greed and its meaning, and draws on political philosophy and economic literature to provide a …
Biometrics: The Future Is In Your Hands, Kelsey Sherman
Biometrics: The Future Is In Your Hands, Kelsey Sherman
Loyola of Los Angeles Law Review
No abstract provided.
Decrypting The Fourth Amendment: Applying Fourth Amendment Principles To Evolving Privacy Expectations In Encryption Technologies, Candice Gliksberg
Decrypting The Fourth Amendment: Applying Fourth Amendment Principles To Evolving Privacy Expectations In Encryption Technologies, Candice Gliksberg
Loyola of Los Angeles Law Review
No abstract provided.
Special Education In Adult Correctional Facilities: A Right Not A Privilege, Melissa Edelson
Special Education In Adult Correctional Facilities: A Right Not A Privilege, Melissa Edelson
Loyola of Los Angeles Law Review
A general diffusion of knowledge and intelligence being essential to the preservation of the rights and liberties of the people, the Legislature shall encourage by all suitable means the promotion of intellectual, scientific, moral, and agricultural improvement. – California Constitution art. IX §1.
Foreword: In Memory Of Justice Antonin Scalia, Steven G. Calabresi
Foreword: In Memory Of Justice Antonin Scalia, Steven G. Calabresi
Loyola of Los Angeles Law Review
No abstract provided.
Nothing Left To Tax Or Cut, The Gate To Chapter 9 Is Shut: The Puerto Rico Debt Crisis, Bianca Ko
Nothing Left To Tax Or Cut, The Gate To Chapter 9 Is Shut: The Puerto Rico Debt Crisis, Bianca Ko
Loyola of Los Angeles Law Review
No abstract provided.
Deflategate: Tom Brady's Battle Against The Nfl And Arbitration, David Berger
Deflategate: Tom Brady's Battle Against The Nfl And Arbitration, David Berger
Loyola of Los Angeles Law Review
No abstract provided.
The Dark Side Of Social Media Romance: Civil Recourse For Catfish Victims, Armida Derzakarian
The Dark Side Of Social Media Romance: Civil Recourse For Catfish Victims, Armida Derzakarian
Loyola of Los Angeles Law Review
No abstract provided.
Returning To Roe: The Renewed Promise Of Whole Woman's Health, Cristina Salcedo
Returning To Roe: The Renewed Promise Of Whole Woman's Health, Cristina Salcedo
Loyola of Los Angeles Law Review
No abstract provided.
Supreme Court Supremacy In A Time Of Turmoil: James V. City Of Boise, Richard Henry Seamon
Supreme Court Supremacy In A Time Of Turmoil: James V. City Of Boise, Richard Henry Seamon
Loyola of Los Angeles Law Review
Last Term’s decision in James v. City of Boise encapsulates the current civil rights turmoil and the legal system’s inadequate response to it. In James ̧ the U.S. Supreme Court reversed a decision in which the Idaho Supreme Court (1) awarded attorney’s fees against a civil rights plaintiff despite her credible claim of excessive police force and (2) denied that it was bound by U.S. Supreme Court decisions interpreting the federal statute authorizing the award. Although the Court in James reaffirmed the state courts’ well-settled duty to obey the Court’s decisions on federal law, this article shows that the duty …
Race, Redistricting, And The Manufactured Conundrum, Justin Levitt
Race, Redistricting, And The Manufactured Conundrum, Justin Levitt
Loyola of Los Angeles Law Review
Race and redistricting each lie at the core of recurring contests over American political identity. It is therefore perhaps no surprise that cases concerning the role of race in redistricting have offered the Supreme Court a steady diet. In 2017, for the fourth time in four decades, the Court struck North Carolina districts based on the legislature’s misuse of race. And the North Carolina legislature, proclaiming the whole business too complicated, simply threw up its hands.
This petulance is likely performance. The law of race and redistricting is resistant to shortcuts and stereotypes, but that does not render it intractable, …
Spokeo Misspeaks, Lauren E. Willis
Spokeo Misspeaks, Lauren E. Willis
Loyola of Los Angeles Law Review
Most commentators have critiqued the Supreme Court’s opinion in Spokeo, Inc. v. Robins for failing to answer the question presented. But in important ways, the Spokeo opinion does not merely fail to speak—it affirmatively misspeaks. This essay suggests that underlying the Justices’ inability to see how standing law ought to apply to the facts in Spokeo is a failure to appreciate the power that consumer reports have over individuals’ life prospects today. Worse, the Justices’ unawareness of their own ignorance leads them to afford Congress little deference in identifying injuries occurring in our new information society. Their meta-ignorance also induces …
Doing More For Children With Less: Multidisciplinary Representation Of Poor Children In Family Court And Probate Court, Robert N. Jacobs, Christina Riehl
Doing More For Children With Less: Multidisciplinary Representation Of Poor Children In Family Court And Probate Court, Robert N. Jacobs, Christina Riehl
Loyola of Los Angeles Law Review
Family court and probate court are Barmecide feasts for too many children, especially poor children with special needs. “Multidisciplinary representation” of children enables the courts to address needs and risks that cannot be resolved by fine-tuning a custody schedule, frequently at little or no additional cost to the taxpayers. Since most children cannot identify the salient issues in their cases and do not have standing in family court or probate court much less lawyers to represent them, it becomes the court’s responsibility in every case to identify the issues most relevant to children’s interests and decide whether multidisciplinary representation is …
Ensuring The Constitution Remains Color Blind Vs. Turning A Blind Eye To Justice: Equal Protection And Affirmative Action In University Admissions, Attashin Safari
Ensuring The Constitution Remains Color Blind Vs. Turning A Blind Eye To Justice: Equal Protection And Affirmative Action In University Admissions, Attashin Safari
Loyola of Los Angeles Law Review
No abstract provided.
Delusive Exactness In California: Redefining The Claim, Kami Laberge
Delusive Exactness In California: Redefining The Claim, Kami Laberge
Loyola of Los Angeles Law Review
My view of primary right may differ from yours, and we have no common ground, only the statement of our opposing views.
Identity Crisis: The Misclassification Of California Uber Drivers, Benjamin Powell
Identity Crisis: The Misclassification Of California Uber Drivers, Benjamin Powell
Loyola of Los Angeles Law Review
The Uber ridesharing service is synonymous with the rise of mobile application-based services. This business model has spurred a number of novel legal questions, particularly surrounding the proper identification of Uber drivers. Are they employees, guaranteed the ample protections and workers' rights under California law? Or independent contractors, less subject to employer control, but without the same protections the State provides to employees? With the proliferation of these types of services, answering this question is of critical importance, both to current Uber drivers as well as the countless others who will enter this rapidly-developing field in the coming years. This …
Women-Only Ridesharing In America: Rising Sexual Assault Rates Demand An Exception To Anti-Discrimination Laws, Cristina Medina
Women-Only Ridesharing In America: Rising Sexual Assault Rates Demand An Exception To Anti-Discrimination Laws, Cristina Medina
Loyola of Los Angeles Law Review
No abstract provided.