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Loyola Marymount University and Loyola Law School

2016

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Articles 1 - 30 of 39

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.


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.


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.


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.


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.


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.


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 ...


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.


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.


"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 ...


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.


Contributions Of The Jesuits To Human Rights In Mexico: A Case Study Of Center Miguel Agustin Pro Juarez, Luis Arriaga Valenzuela Apr 2016

Contributions Of The Jesuits To Human Rights In Mexico: A Case Study Of Center Miguel Agustin Pro Juarez, Luis Arriaga Valenzuela

LMU/LLS Theses and Dissertations

In Mexico, as in other parts of the world, human rights violations have deep historical roots. In the forty years before this study, these violations had been increasing, especially with respect to excluded populations and vulnerable groups, such as women, indigenous peoples, migrants, and victims of repression (Center Prodh, 2013). To reverse or at least decrease these conditions, disenfranchised people needed to become aware of their rights within civil society. Toward that end, diverse non-governmental organizations (NGOs) had taken on the task of providing education and strategic practices to disenfranchised people and communities. The Society of Jesus (the Jesuits) had ...


Is Textualism Required By Constitutional Separation Of Powers?, Ofer Raban Jan 2016

Is Textualism Required By Constitutional Separation Of Powers?, Ofer Raban

Loyola of Los Angeles Law Review

This article examines the often-heard claim that textualism in statutory interpretation is mandated by constitutional separation of powers. The claim is examined using both the formalist and the functionalist approaches to separation of powers doctrine under the Federal Constitution. As we shall see, these doctrinal inquiries quickly devolve into examinations of the purposes and justification of textualism, and of separating the three branches of government. The article concludes not only that standing constitutional doctrine fails to support the textualist claim, but also that, as a matter of fact, textualism is a judicial philosophy that runs counter to the most basic ...


Zygote Zeitgeist: Legal Complexities In The Expanding Practice Of Embryo Donation, Noah Geldberg Jan 2016

Zygote Zeitgeist: Legal Complexities In The Expanding Practice Of Embryo Donation, Noah Geldberg

Loyola of Los Angeles Law Review

In recent decades, individuals and couples facing the issue of infertility have been able to achieve parenthood through advances in assisted reproductive technology (ART), such as embryo donation. This Article evaluates the current law governing embryo donation, considers the different approaches courts and legislatures have taken to regulate embryo donation, and advocates for an approach that best balances the policy arguments underlying those approaches. Ultimately, this Article argues that contract law, rather than laws surrounding adoption, should govern embryo donations. This Article further argues that state legislatures should clarify the effectiveness of contract law within the field of embryo donation ...


"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 ...


The Death Knell For The Death Penalty: Judge Carney's Order To Kill Capital Punishment Rings Loud Enough To Reach The Supreme Court, Alyssa Hughes Jan 2016

The Death Knell For The Death Penalty: Judge Carney's Order To Kill Capital Punishment Rings Loud Enough To Reach The Supreme Court, Alyssa Hughes

Loyola of Los Angeles Law Review

No abstract provided.


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.


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.


Liberty Bound: Obergefell's Eclipse Of Power To Limit Sexual Autonomy, Kimberly West-Faulcon Jan 2016

Liberty Bound: Obergefell's Eclipse Of Power To Limit Sexual Autonomy, Kimberly West-Faulcon

Loyola of Los Angeles Law Review

No abstract provided.


When The Police Get The Law Wrong: How Heien V. North Carolina Further Erodes The Fourth Amendment, Vivan M. Rivera Jan 2016

When The Police Get The Law Wrong: How Heien V. North Carolina Further Erodes The Fourth Amendment, Vivan M. Rivera

Loyola of Los Angeles Law Review

No abstract provided.


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.


Introduction To Developments In The Law 2014-15, Jan Costello Jan 2016

Introduction To Developments In The Law 2014-15, Jan Costello

Loyola of Los Angeles Law Review

No abstract provided.


When It Comes To Parents, Three's No Longer A Crowd: California's Answer To In Re M.C., Jason De Jesus Jan 2016

When It Comes To Parents, Three's No Longer A Crowd: California's Answer To In Re M.C., Jason De Jesus

Loyola of Los Angeles Law Review

The California Legislature recently amended the California Family Code by granting courts the authority and discretion to find that a child can have more than two parents. This Article addresses the issues raised by this amendment, focusing on the rare instances in which rejecting a third parent's claim for custody would be detrimental to the child. By exploring public perceptions of multiple parentage and assessing recent cases highlighting the discretion courts use to find that a child has more than two parents, this Article concludes that recognizing that a child has more than two parents can protect not only ...


For The Protection Of Society's Most Vulnerable, The Ada Should Apply To Arrests, Thomas J. Auner Jan 2016

For The Protection Of Society's Most Vulnerable, The Ada Should Apply To Arrests, Thomas J. Auner

Loyola of Los Angeles Law Review

No abstract provided.


Prosecutorial Ventriloquism: People V. Tom And The Substantive Use Of Post-Arrest, Pre-Miranda Silence To Infer Consciousness Of Guilt, Joshua Bornstein Jan 2016

Prosecutorial Ventriloquism: People V. Tom And The Substantive Use Of Post-Arrest, Pre-Miranda Silence To Infer Consciousness Of Guilt, Joshua Bornstein

Loyola of Los Angeles Law Review

No abstract provided.


Public Access Vs. Private Property: The Struggle Of Coastal Landowners To Keep The Public Off Their Land, James D. Donahue Jan 2016

Public Access Vs. Private Property: The Struggle Of Coastal Landowners To Keep The Public Off Their Land, James D. Donahue

Loyola of Los Angeles Law Review

No abstract provided.


Half-Baked: The Demand By For-Profit Businesses For Religious Exemptions From Selling To Same-Sex Couples, James M. Donovan Jan 2016

Half-Baked: The Demand By For-Profit Businesses For Religious Exemptions From Selling To Same-Sex Couples, James M. Donovan

Loyola of Los Angeles Law Review

Should bakers be required to make cakes for same-sex weddings? This Article unravels the eclectic arguments that are offered in support of a religious exemption from serving gay customers in the wake of Obergefell.

Preliminary issues first consider invocations of a libertarian right to exclude. Rather than being part of our concept of liberty, this right to exclude from commercial premises is a new rule devised to prevent African Americans from participating in free society. Instead of expanding this racist rule to likewise bar gays from the marketplace, it should be reset to the antebellum standard of free access to ...