Law Commons^™

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

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

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

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

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

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

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

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

Loyola of Los Angeles Law Review

No abstract provided.

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

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

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

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

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

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

Loyola of Los Angeles Law Review

No abstract provided.

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.

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 …

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 …

"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 …

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

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

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

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

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.

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.

Chipping Away At The Rock: Perez V. Mortgage Bankers Association And The Seminole Rock Deference Doctrine, Kevin O. Leske

Loyola of Los Angeles Law Review

Largely escaping judicial and scholarly examination for close to seventy years, the Seminole Rock deference doctrine directs federal courts to defer to an administrative agency’s interpretation of its own regulation unless such interpretation “is plainly erroneous or inconsistent with the regulation.” But at long last the United States Supreme Court is poised to re-evaluate the doctrine.

In March 2015, in Perez v. Mortgage Bankers Association, the Court addressed whether a federal agency was required to follow the notice-and-comment procedures of the Administrative Procedure Act after it changed a prior interpretation of its regulation under the “Paralyzed Veterans doctrine.” Although …

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 …

Need For Informed Consent In The Age Of Ubiquitous Human Testing, Caitlyn Kuhs

Loyola of Los Angeles Law Review

No abstract provided.

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 …

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.