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Loyola Marymount University and Loyola Law School

2018

Articles 1 - 30 of 31

Full-Text Articles in Law

Loopholes, Licensing, And Legislation: Considering The Needs Of People With Disabilities In The Autonomous Vehicle Revolution, Caroline Glennie-Smith Oct 2018

Loopholes, Licensing, And Legislation: Considering The Needs Of People With Disabilities In The Autonomous Vehicle Revolution, Caroline Glennie-Smith

Loyola of Los Angeles Entertainment Law Review

Self-driving vehicles have the potential to revolutionize transportation for all Americans and will be especially beneficial for the more than fifty-seven million Americans with a disability. This Note offers a primer on a rapidly-developing area of law and policy that will permanently alter how Americans interact with transportation. While public availability of autonomous vehicles is anticipated as early as next year, widespread use of these vehicles is likely at least a decade away. The lag between current-day prototypes and future widespread public availability provides lawmakers, self-driving vehicle manufacturers, and the disability community an important opportunity to work together to shape ...


Time's Up: Addressing Gender-Based Wage Discrimination In Professional Sports, Nicole Zerunyan Oct 2018

Time's Up: Addressing Gender-Based Wage Discrimination In Professional Sports, Nicole Zerunyan

Loyola of Los Angeles Entertainment Law Review

Gender-based wage discrimination in professional sports is wide-spread. Female athletes, competing individually or as part of a team, are consistently paid substantially less than their male counterparts. To combat such discrimination and eliminate the gender pay gap, Congress passed the Equal Pay Act (“Act”) in 1963. While born of good intentions, the Act falls drastically short of its intended goal. Its restrictive language—specifically, its “same establishment” requirement—excludes separately owned teams. As most men’s and women’s professional sports teams are separately owned, their players are effectively barred from bringing wage-discrimination claims. This Note proposes two ways of ...


When Sports Stand Against Human Rights: Regulating Restrictions On Athlete Speech In The Global Sports Arena, Faraz Shahlaei Oct 2018

When Sports Stand Against Human Rights: Regulating Restrictions On Athlete Speech In The Global Sports Arena, Faraz Shahlaei

Loyola of Los Angeles Entertainment Law Review

Even after the International Olympic Committee’s quick and harsh response to the “black power salute” in the 1968 Olympic Games— positing that the apolitical Olympic Games were not a suitable venue for domestic political statements—athletes continued using their platform to protest human rights violations. Should such conduct be allowed? Are athletes entitled to display their political opinions on the field? Or should athletic organizations be allowed to regulate their athletes’ protests and political speech in the arena? On the one hand, freedom of speech is a fundamental human right. On the other, sports have a long history of ...


Fourth Circuit Fumbles The Ball: Spirit Of Disability Rights Compromised In The Wake Of Class V. Townson University, Dave Peterson Oct 2018

Fourth Circuit Fumbles The Ball: Spirit Of Disability Rights Compromised In The Wake Of Class V. Townson University, Dave Peterson

Loyola of Los Angeles Entertainment Law Review

The Fourth Circuit’s recent decision in Class v. Towson University threatens the rights guaranteed to disabled persons under the Americans with Disabilities Act of 1990 (ADA) and the Rehabilitation Act of 1973 (“Rehab Act”). The Acts demand that disabled persons not be excluded from activities based on unsubstantiated paternalistic concerns, and, where exclusion occurs, the Acts entrust courts to evaluate whether exclusion was warranted in light of the best available objective evidence. This Comment argues that by deferring to the speculative fears and subjective judgment of Towson University—the very entity accused of violating the ADA and Rehab Act ...


Guilty Until Proven Innocent: California's Prop. 50 Turns The Concept Of Due Process On Its Head, Brantley I. Pepperman May 2018

Guilty Until Proven Innocent: California's Prop. 50 Turns The Concept Of Due Process On Its Head, Brantley I. Pepperman

Loyola of Los Angeles Law Review

For decades, “good governance” has been little more than a talking point for politicians on the road to reelection or a promotion to higher office. In 2014, the California Legislature attempted to give teeth to the idea, successfully spearheading an amendment to the California Constitution approved by voters in 2016. But despite its efforts to “drain the swamp,” the Legislature gave itself a powerful tool, the authority to suspend or expel legislators without pay, that presents more problems than solutions. This article explores the implications of that amendment, including the extent to which it, as codified, comports with procedural due ...


A Product Of Childhood: Accounting For Age In The Miranda Analysis, Ariana Rodriguez May 2018

A Product Of Childhood: Accounting For Age In The Miranda Analysis, Ariana Rodriguez

Loyola of Los Angeles Law Review

One of the most polarizing areas of constitutional criminal procedure is that relating to police interrogations and confessions. While the Fifth Amendment guarantees a number of protections from self-incrimination and the inherently coercive nature of criminal investigation, these Constitutional promises are more likely to go unfulfilled when the accused is a child. This Article thoroughly examines the current law’s use of the “totality of the circumstances” test in deciding whether a valid Miranda waiver occurred or whether a juvenile has been taken into custody and, more importantly, explores why this current test remains an inadequate solution for protecting children ...


No Child Left Behind Bars: Suspending Willful Defiance To Disassemble The School-To-Prison Pipeline, Danielle Dankner May 2018

No Child Left Behind Bars: Suspending Willful Defiance To Disassemble The School-To-Prison Pipeline, Danielle Dankner

Loyola of Los Angeles Law Review

With the criminalization of school discipline and the subsequent increased involvement between students and the juvenile justice system, a path from school to prison became entrenched. Public schools across the nation continued to increase their reliance on punitive disciplinary measures to punish a range of behaviors. Through these measures, schools began to perceive pushed out students as problematic, despite the lack of evidence supporting the efficacy of such policies. Due to school disciplinarians’ implicit bias when enforcing exclusionary policies, students of color and students with disabilities are most at risk. In the hopes of alleviating the devastating effects of the ...


Muddying The Water: Tiered Water Rates After San Juan Capistrano, Travis Kaya May 2018

Muddying The Water: Tiered Water Rates After San Juan Capistrano, Travis Kaya

Loyola of Los Angeles Law Review

In the face of chronic drought, water utilities across California have turned to tiered water rates to promote conservation and curb consumer demand. However, recent legal challenges have called the constitutionality of tiered- rate schemes into question, threatening to deprive utilities of a critical conservation tool.

A patchwork of recent court decisions—the landmark Capistrano Taxpayers Association v. City of San Juan Capistrano most notable among them—have exposed an unresolved conflict between the California Constitution’s water rights and taxation provisions. Namely, how does Proposition 218’s restrictions on assessments for “property related services” apply to tiered water rates ...


Judge, Jury, And Executioner: Roger Goodell And The Power To Punish, Ursula Petersen Apr 2018

Judge, Jury, And Executioner: Roger Goodell And The Power To Punish, Ursula Petersen

Loyola of Los Angeles Entertainment Law Review

This Note examines the unbridled disciplinary powers granted to NFL Commissioner Roger Goodell. These powers, granted by the NFL’s Collective Bargaining Agreement, allow Goodell to indiscriminately punish NFL players for violent, off-field behavior. The increased media coverage of domestic violence and sexual assault—perpetrated by NFL players—has damaged the NFL’s public persona and resulted in loss of sponsorship. In response, Goodell has pledged to deter violent behavior and punish player indiscretions by crafting and implementing harsher Personal Conduct Policies.

This Note explores the history of NFL disciplinary policies and the legal challenges to Goodell’s disciplinary powers ...


Capitol Records V. Vimeo: How The Digital Millennium Copyright Act Is Outdated And In Need Of Revision, Dustin Johnson Apr 2018

Capitol Records V. Vimeo: How The Digital Millennium Copyright Act Is Outdated And In Need Of Revision, Dustin Johnson

Loyola of Los Angeles Entertainment Law Review

This Comment analyzes the Second Circuit Court of Appeals’ interpretation of the Digital Millennium Copyright Act (DMCA) in Capitol Records, LLC v. Vimeo, LLC, 826 F.3d 78 (2d Cir. 2016). Beginning with a brief overview of the DMCA’s history, this Comment acknowledges the Second Circuit’s holding in Viacom Int’l Inc. v. YouTube, Inc., 676 F.3d 19 (2d Cir. 2012). In Viacom, the Second Circuit set precedent with its interpretation of the knowledge requirements for safe harbor under section 512(c) of the DMCA.

In Capitol Records, the Second Circuit confirmed its holding in Viacom but ...


The First Amendment And Content Restrictions In State Film Incentive Programs, Dr. Joel Timmer Apr 2018

The First Amendment And Content Restrictions In State Film Incentive Programs, Dr. Joel Timmer

Loyola of Los Angeles Entertainment Law Review

In recent years, many states have offered incentive programs to lure film production and its associated economic benefits—increased jobs, spending, and tourism—to their states. Several of these programs have restrictions that deny incentives based on a film’s content. For example, Texas denies film incentives to projects that have “inappropriate content” or portray “Texas or Texans in a negative way.” This article concludes that these restrictions do not violate the First Amendment. Two key considerations factor into this conclusion: First, in granting subsidies, the government may apply criteria that would be impermissible in a regulatory context. Second, the ...


Does The 1980 Vienna Sales Convention Reflect Universal Values? The Use Of The Cisg As A Model For Law Reform And Regional Specificities, Ulrich G. Schroeter Feb 2018

Does The 1980 Vienna Sales Convention Reflect Universal Values? The Use Of The Cisg As A Model For Law Reform And Regional Specificities, Ulrich G. Schroeter

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.


Collective Versus Individual Rights: The Able Worker And The Promotion Of Precarious Work For Persons With Disabilities Under Conflicting International Law Regimes, Paul Harpur Feb 2018

Collective Versus Individual Rights: The Able Worker And The Promotion Of Precarious Work For Persons With Disabilities Under Conflicting International Law Regimes, Paul Harpur

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.


Is American Multinational Enterprises’ Honeymoon With The European Union Over?An Analysis Of The European Commission’S Investigations Into American Multinational Enterprises’ Tax Deals With Ireland, Luxembourg And The Netherlands, Luyang Liu Feb 2018

Is American Multinational Enterprises’ Honeymoon With The European Union Over?An Analysis Of The European Commission’S Investigations Into American Multinational Enterprises’ Tax Deals With Ireland, Luxembourg And The Netherlands, Luyang Liu

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.


A Triumphant Victory For Gay Rights In Belize Lays The Foundation For A Domino Effect Throughout The Caribbean, Lauren Tisdale Feb 2018

A Triumphant Victory For Gay Rights In Belize Lays The Foundation For A Domino Effect Throughout The Caribbean, Lauren Tisdale

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.


Social Media And The Government: Why It May Be Unconstitutional For Government Officials To Moderate Their Social Media, Alex Hadjian Jan 2018

Social Media And The Government: Why It May Be Unconstitutional For Government Officials To Moderate Their Social Media, Alex Hadjian

Loyola of Los Angeles Law Review

No abstract provided.


"Because Of Sex", Jack B. Harrison Jan 2018

"Because Of Sex", Jack B. Harrison

Loyola of Los Angeles Law Review

Many Americans currently believe that federal law prohibits discrimination because of sexual orientation and gender identity in the workplace. While it is true that Title VII of the Civil Rights Act of 1964 (“Title VII”) prohibits employers from discriminating because of an employee’s race, color, religion, sex, or national origin, courts and legislators have historically been slow to extend these protections to LGBT workers. The result of this reluctance is that LGBT employees remain largely unprotected under an unpredictable patchwork of laws and policies, consisting of presidential executive orders, private employer initiatives, city and county ordinances, gubernatorial executive orders ...


Guardians Of The Galaxy: How Shareholder Lawyers Won Big For Their Clients And Vindicated The Integrity Of Our Economy, Daniel J. Morrissey Jan 2018

Guardians Of The Galaxy: How Shareholder Lawyers Won Big For Their Clients And Vindicated The Integrity Of Our Economy, Daniel J. Morrissey

Loyola of Los Angeles Law Review

Securities class actions are the most economically significant form of litigation. Highly skilled lawyers expend huge sums and relentless efforts in these matters but because of the costs involved and the potential for enormous liability very few of them ever make it to trial. This Article is the story of one that did, a mammoth fraud where a jury returned a $1.5 billion verdict that, with interest, increased to almost $2.5 billion by the time the case reached the appellate court.

There the Court upheld the shareholders’ theory that their damages could be measured by the excessive amounts ...


Midland Funding V. Johnson And The Pernicious Problem Of Stale-Debt Claims, Kara J. Bruce Jan 2018

Midland Funding V. Johnson And The Pernicious Problem Of Stale-Debt Claims, Kara J. Bruce

Loyola of Los Angeles Law Review

No abstract provided.


Buck V. Davis: Anti-Discriminatory Principles In Habeas Corpus Cases, Daniella Rubin Jan 2018

Buck V. Davis: Anti-Discriminatory Principles In Habeas Corpus Cases, Daniella Rubin

Loyola of Los Angeles Law Review

No abstract provided.


County Of Los Angeles V. Mendez: Defending The Constitutionality Of The "Provocation Rule", Layla Bishara Jan 2018

County Of Los Angeles V. Mendez: Defending The Constitutionality Of The "Provocation Rule", Layla Bishara

Loyola of Los Angeles Law Review

No abstract provided.


The Proper Application Of Nominative Fair Use In Trademark Law: Why International Information Systems Security Certification Consortium, Inc. V. Security University, Llc Sets The Preeminent Standard, Jonathan O. Ballard Jr. Jan 2018

The Proper Application Of Nominative Fair Use In Trademark Law: Why International Information Systems Security Certification Consortium, Inc. V. Security University, Llc Sets The Preeminent Standard, Jonathan O. Ballard Jr.

Loyola of Los Angeles Law Review

No abstract provided.


Four Walls Do Not An Eating Facility Make: Arguing Against The U.S. Tax Court's Unprecedented Jacobs V. Commissioner Decision, Brendan Zwaneveld Jan 2018

Four Walls Do Not An Eating Facility Make: Arguing Against The U.S. Tax Court's Unprecedented Jacobs V. Commissioner Decision, Brendan Zwaneveld

Loyola of Los Angeles Law Review

No abstract provided.


Multi-Time Machine V. Amazon: Confusion In The Likelihood Of Confusion Analysis, Thuy Michelle Nguyen Jan 2018

Multi-Time Machine V. Amazon: Confusion In The Likelihood Of Confusion Analysis, Thuy Michelle Nguyen

Loyola of Los Angeles Law Review

No abstract provided.


Fairness Over Finality: Peña-Rodriguez V. Colorado And The Right To An Impartial Jury, Katherine Brosamle Jan 2018

Fairness Over Finality: Peña-Rodriguez V. Colorado And The Right To An Impartial Jury, Katherine Brosamle

Loyola of Los Angeles Law Review

No abstract provided.


Foreword: Criminal Procedure In Winter, Daniel Epps Jan 2018

Foreword: Criminal Procedure In Winter, Daniel Epps

Loyola of Los Angeles Law Review

No abstract provided.


Bank Of America V. City Of Miami: Standing And Causation Under The Fair Housing Act, Alan M. White Jan 2018

Bank Of America V. City Of Miami: Standing And Causation Under The Fair Housing Act, Alan M. White

Loyola of Los Angeles Law Review

No abstract provided.


Medical Necessity: A Higher Hurdle For Marginalized Taxpayers?, Julie Furr Youngman, Courtney D. Hauck Jan 2018

Medical Necessity: A Higher Hurdle For Marginalized Taxpayers?, Julie Furr Youngman, Courtney D. Hauck

Loyola of Los Angeles Law Review

Civil rights protection for transgender people—and in particular access to affordable health care—is currently the subject of intense political scrutiny, with a hostile administration chipping away at legal protections. Among other setbacks, a federal district court enjoined regulatory guidelines that were issued in 2016 to clarify that the federal prohibition on sex discrimination in health insurance applies to discrimination on the basis of gender identity and transgender status, and the promulgating agency itself is now reconsidering the guidelines. Without explicit federal protections against discrimination by health insurers and in the face of uneven state law protections, the ability ...


Caremark's Hidden Promise, Ezra Wasserman Mitchell Jan 2018

Caremark's Hidden Promise, Ezra Wasserman Mitchell

Loyola of Los Angeles Law Review

In re Caremark, decided in 1996, established for the first time a director’s duty to monitor under Delaware law. A significant amount of jurisprudence and commentary has developed. Almost all of this literature parses the language of the case and those following, and disregards the underlying claims for damages. As a result of this linguistic focus, many have concluded that the duty to monitor largely is toothless and, importantly, deals only with claims of failure to monitor legal risk. A duty to monitor business risk has been disavowed.

Following the money reveals a different story. Classifying the cases according ...


Tax 2018: Requiem For Ability To Pay, Alice G. Abreu Jan 2018

Tax 2018: Requiem For Ability To Pay, Alice G. Abreu

Loyola of Los Angeles Law Review

Enactment of the TCJA was followed by a mad dash to understand its effects. The speed and process of enactment left no time for serious attempts to analyze whether the TCJA transforms the income tax system in any fundamental way. This Essay is a first step in that analysis. Although some of the most important changes I discuss are set to expire or phase out after 2025, understanding their policy implications is important, not only because they are the law now but also because Congress may extend them, perhaps indefinitely.

The TCJA has changed the way the tax system operationalizes ...