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Loyola Marymount University and Loyola Law School

Journal

2016

Articles 1 - 30 of 47

Full-Text Articles in Law

Apple Watch-Ing You: Why Wearable Technology Should Be Federally Regulated, Grant Arnow Oct 2016

Apple Watch-Ing You: Why Wearable Technology Should Be Federally Regulated, Grant Arnow

Loyola of Los Angeles Law Review

No abstract provided.


An Indivisible Turkey And The Invisible Alevi: Mandatory Religious Education And Its Effect On Minority Rights And National Unity, Tristan Orozco Oct 2016

An Indivisible Turkey And The Invisible Alevi: Mandatory Religious Education And Its Effect On Minority Rights And National Unity, Tristan Orozco

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.


Zubaydah: Establishing International Accountability For Complicity Of Torture And Transforming Enhanced Interrogation Rhetoric, Camille Sespene Oct 2016

Zubaydah: Establishing International Accountability For Complicity Of Torture And Transforming Enhanced Interrogation Rhetoric, Camille Sespene

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.


Speech, Privacy And Dignity In France And In The U.S.A.: A Comparative Analysis, Ioanna Tourkochoriti Oct 2016

Speech, Privacy And Dignity In France And In The U.S.A.: A Comparative Analysis, Ioanna Tourkochoriti

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.


Playing Around Hart And Keller's Full-Court Press: Designing A Federal Compulsory Licensing Regime For Rights Of Publicity That Enables Developers And Compensates Rights Holders, Will Bucher Oct 2016

Playing Around Hart And Keller's Full-Court Press: Designing A Federal Compulsory Licensing Regime For Rights Of Publicity That Enables Developers And Compensates Rights Holders, Will Bucher

Loyola of Los Angeles Entertainment Law Review

No abstract provided.


Apple, Inc. Vs. Deutsches Patent- Und Markenamt: Why The Court Got It Wrong, Joseph Dzida Oct 2016

Apple, Inc. Vs. Deutsches Patent- Und Markenamt: Why The Court Got It Wrong, Joseph Dzida

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.


European Data Protection Uncapped: A Critical Analysis Of Google Spain V. Aepd, Adam Byrne Oct 2016

European Data Protection Uncapped: A Critical Analysis Of Google Spain V. Aepd, Adam Byrne

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.


Can You Hear Me Now?: Interpreters For California Civil Cases, Jena Maccabe Oct 2016

Can You Hear Me Now?: Interpreters For California Civil Cases, Jena Maccabe

Loyola of Los Angeles Law Review

No abstract provided.


Fight Terror, Not Twitter: Insulating Social Media From Material Support Claims, Nina I. Brown Oct 2016

Fight Terror, Not Twitter: Insulating Social Media From Material Support Claims, Nina I. Brown

Loyola of Los Angeles Entertainment Law Review

No abstract provided.


Repairing U.S. Violations: Applying Customary International Law And Implementing The Icc Hague Detention Centre Practices To Confinement Conditions At Gtmo, Patrice Corpus Oct 2016

Repairing U.S. Violations: Applying Customary International Law And Implementing The Icc Hague Detention Centre Practices To Confinement Conditions At Gtmo, Patrice Corpus

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.


Comparative Reflections On Duncan V. Louisiana And Baldwin V. New York, William Pizzi Oct 2016

Comparative Reflections On Duncan V. Louisiana And Baldwin V. New York, William Pizzi

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.


China And The New Development Bank: The Future Of Foreign Aid?, Tamara Fisher Oct 2016

China And The New Development Bank: The Future Of Foreign Aid?, Tamara Fisher

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.


Conceptions Of Indigenousness In The Case Law Of The European Court Of Human Rights, Stefan Kirchner Oct 2016

Conceptions Of Indigenousness In The Case Law Of The European Court Of Human Rights, Stefan Kirchner

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.


With Great Power Comes Ignored Responsibility: How The Supreme Court Failed To Save Spider-Man, Maya Zagayer Oct 2016

With Great Power Comes Ignored Responsibility: How The Supreme Court Failed To Save Spider-Man, Maya Zagayer

Loyola of Los Angeles Law Review

No abstract provided.


Rfra And The Affordable Care Act: Does The Contraception Mandate Discriminate Against Religious Employers?, Alisa Lalana Oct 2016

Rfra And The Affordable Care Act: Does The Contraception Mandate Discriminate Against Religious Employers?, Alisa Lalana

Loyola of Los Angeles Law Review

No abstract provided.


Insider Trading Law That Works: Using Newman And Salman To Update Dirks'S Personal Benefit Standard, Mark Hayden Adams Oct 2016

Insider Trading Law That Works: Using Newman And Salman To Update Dirks'S Personal Benefit Standard, Mark Hayden Adams

Loyola of Los Angeles Law Review

No abstract provided.


Spread Too Thin: The Case For Federally Mandated Minimum Nurse-To-Patient Ratios In Hospitals, Katelyn Kuwata Oct 2016

Spread Too Thin: The Case For Federally Mandated Minimum Nurse-To-Patient Ratios In Hospitals, Katelyn Kuwata

Loyola of Los Angeles Law Review

No abstract provided.


For The Dreamers, Mariajose Gomez May 2016

For The Dreamers, Mariajose Gomez

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

"For the Dreamers" reflects the author's experience on a De Colores immersion trip to Casa de Migrantes in Mexico, Tijuana. This was Gomez's first time traveling out of the country, and the experience helped her realize that no human being should be considered “illegal” simply because of man-made barriers. The piece exposes the complex social dynamics that inform the experiences of both immigrants and citizens of the United States. The purpose of the poem is to challenge readers' views on immigration and highlight the role social constructs and stereotypes play in establishing preconceived ideas about immigrants. The author hopes readers …


"If That's The Way It Must Be, Okay": Campbell V. Acuff-Rose On Rewind Apr 2016

"If That's The Way It Must Be, Okay": Campbell V. Acuff-Rose On Rewind

Loyola of Los Angeles Entertainment Law Review

The 1994 Supreme Court case Campbell v. Acuff-Rose established broad protections for parody in U.S. copyright law. While the case is well known, the facts behind the case are not. None of the three courts that heard the case were told that the alleged parody by 2 Live Crew appeared only on a “sanitized” version of the group’s controversial album. Thus the work had a heightened commercial purpose: filling up a meager album so that album could serve as a market stopgap for its controversial cousin. Although commercial purpose is a key factor in the fair use calculus, no court …


A Sui Generis System Of Protection For Exceptionally Original Fashion Designs Apr 2016

A Sui Generis System Of Protection For Exceptionally Original Fashion Designs

Loyola of Los Angeles Entertainment Law Review

Despite the robust nature of the fashion industry, which has been largely unprotected by copyright, there is a clamor among certain sectors for stronger protection for fashion designs and the apparel manufactured from these designs. This article acknowledges that full-dress copyright protection is unnecessary, impracticable, and harmful; however, it proposes a middle-ground: a sui generis system of protection that only protects fashion designs and pieces of apparel that are exceptionally original, and does so only against other articles that are substantially identical.

This article provides a standard (“exceptionally original”) that will protect a fashion design only if it meets certain …


Online Gaming And The Pay-To-Win Problem: Legal Deterrence Or Industry Self-Regulation?, Simone Darakjian Apr 2016

Online Gaming And The Pay-To-Win Problem: Legal Deterrence Or Industry Self-Regulation?, Simone Darakjian

Loyola of Los Angeles Entertainment Law Review

No abstract provided.


Stripping Down A Victory For Adult Entertainment: Showtime Entertainment, Llc V. Town Of Mendon, Ethan Bond Apr 2016

Stripping Down A Victory For Adult Entertainment: Showtime Entertainment, Llc V. Town Of Mendon, Ethan Bond

Loyola of Los Angeles Entertainment Law Review

No abstract provided.


The Twelfth Round: Will Boxing Save Itself?, Katherine Figueroa Apr 2016

The Twelfth Round: Will Boxing Save Itself?, Katherine Figueroa

Loyola of Los Angeles Entertainment Law Review

No abstract provided.


For Richer, Not Poorer: Premarital Waivers Of Spousal Support In California, J. Nicholas Marfori Jan 2016

For Richer, Not Poorer: Premarital Waivers Of Spousal Support In California, J. Nicholas Marfori

Loyola of Los Angeles Law Review

California law is fairly straightforward with respect to premarital agreements that seek to alter community property rights in the event of a divorce. But it is unclear and unsettled with respect to those agreements that seek to limit or waive spousal support. Although California prohibits courts from enforcing premarital waivers of spousal support if it would be unconscionable to do so at the time of enforcements, courts have not articulated a clear standard for what that means. California made its first attempt to do so in In re Marriage of Facter. This Article considers that decision in illustrating how current …


Think Twice, It's All Right: The Use Of Conviction Histories In Hiring Decisions Under California Law, Arthur Four Jan 2016

Think Twice, It's All Right: The Use Of Conviction Histories In Hiring Decisions Under California Law, Arthur Four

Loyola of Los Angeles Law Review

No abstract provided.


Ignorance Of The Law Is No Excuse—Unless You’Re A Cop, Hannah Dunn Jan 2016

Ignorance Of The Law Is No Excuse—Unless You’Re A Cop, Hannah Dunn

Loyola of Los Angeles Law Review

No abstract provided.


"Cerd-Ain" Reform: Dismantling The School-To-Prison Pipeline Through More Thorough Coordination Of The Departments Of Justice And Education, Lisa A. Rich Jan 2016

"Cerd-Ain" Reform: Dismantling The School-To-Prison Pipeline Through More Thorough Coordination Of The Departments Of Justice And Education, Lisa A. Rich

Loyola of Los Angeles Law Review

In the last year of his presidency, President Barack Obama and his administration have undertaken many initiatives to ensure that formerly incarcerated individuals have more opportunities to successfully reenter society. At the same time, the administration has been working on education policy that closes the achievement gap and slows the endless flow of juveniles into the school-to-prison pipeline. While certainly laudable, there is much more that can be undertaken collaboratively among executive branch agencies to end the school-to-prison pipeline and the endless cycle of people re-entering the criminal justice system.

This paper examines the rise of the school-to-prison pipeline through …


Expanding Territorial Bounds: The Recognition Doctrine After Zivotofsky V. Kerry, Nicole Kirkilevich Jan 2016

Expanding Territorial Bounds: The Recognition Doctrine After Zivotofsky V. Kerry, Nicole Kirkilevich

Loyola of Los Angeles Law Review

No abstract provided.


It’S Complicated: The Unusual Way Obergefell V. Hodges Legalized Same Sex Marriage, Kristin Haule Jan 2016

It’S Complicated: The Unusual Way Obergefell V. Hodges Legalized Same Sex Marriage, Kristin Haule

Loyola of Los Angeles Law Review

No abstract provided.


Special Immigrant Juvenile Status: Refining State And Federal Practice, Justin Potesta Jan 2016

Special Immigrant Juvenile Status: Refining State And Federal Practice, Justin Potesta

Loyola of Los Angeles Law Review

Each year, thousands of unaccompanied minors enter the United States. Upon arrival, these children face a complicated legal process defined by several exchanges between state and federal entities. This Article focuses on one avenue of relief available to these unaccompanied minors: Special Immigrant Juvenile Status. While SIJS provides a path to citizenship for abused, neglected, or abandoned minors, the protection is often misapplied or misunderstood. Focusing on practical improvements, this Article highlights key areas where state and federal entities can more appropriately and efficiently address the unique concerns presented by SIJS-eligible unaccompanied minors.