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Full-Text Articles in Law
Save Tara And The Modern State Of The California Environmental Quality Act, Todd Nelson
Save Tara And The Modern State Of The California Environmental Quality Act, Todd Nelson
Loyola of Los Angeles Law Review
The California Environmental Quality Act (CEQA) requires public review of all public and private projects that are subject to a public agency’s approval. Unlike many other states’ environmental laws, CEQA requires that projects that create significant environmental impacts not be approved if feasible mitigation measures or project alternatives exist that would reduce or eliminate those impacts. However, although CEQA was adopted more than forty years ago and has been the subject of approximately six hundred published decisions, there remains much uncertainty as to what agencies and project proponents must do to comply with CEQA and avoid judicial reversal. One of …
On The Leiter Side: Developing A Universal Assessment Tool For Measuring Scholarly Output By Law Professors And Ranking Law Schools, Robert Steinbuch
On The Leiter Side: Developing A Universal Assessment Tool For Measuring Scholarly Output By Law Professors And Ranking Law Schools, Robert Steinbuch
Loyola of Los Angeles Law Review
With varying results, many scholars and commentators have focused their attention on judging the quality of law professors, as measured by their scholarly output. First, this Article explains the methods respectively developed by Brian Leiter and Roger Williams University School of Law for top-tier and second-tier law schools, and it considers other works of scholarship that measure academic publication. Then, this Article explicates a protocol (the “Protocol”) for measuring all of the scholarly output of any law school faculty member. Building on the Leiter and Roger Williams methods, the expanded Protocol accounts for a wider breadth of faculty publications and …
Economic Boycotts As Harassment: The Threat To First Amendment Protected Speech In The Aftermath Of Doe V. Reed, Elian Dashev
Economic Boycotts As Harassment: The Threat To First Amendment Protected Speech In The Aftermath Of Doe V. Reed, Elian Dashev
Loyola of Los Angeles Law Review
The recent U.S. Supreme Court case of Doe v. Reed called into question the effectiveness and, potentially, the legitimacy of the economic boycott as a tool to counteract the influence of Major Political Players in the electoral process—despite the protection that such boycotts have been afforded historically under the First Amendment. The holding in the case was very narrow: the Court deemed constitutional as a general matter the compelled disclosure of the names of the supporters of a referendum. However, in dicta, the Court acknowledged that disclosure could be subject to an as-applied challenge if there were a reasonable probability …
You Don’T Know My Name: In Re Anonymous Online Speakers And The Right To Remain Cloaked In Cyberspace, Joshua Rich
You Don’T Know My Name: In Re Anonymous Online Speakers And The Right To Remain Cloaked In Cyberspace, Joshua Rich
Loyola of Los Angeles Law Review
The right to speak anonymously predates the Constitution, and the U.S. Supreme Court has long recognized it as protected under the First Amendment. So it was in line with a long tradition that, in 2007, several anonymous speakers posted comments on Internet message boards criticizing a business called Quixtar, which was embroiled in several lawsuits at the time. Before long, however, the posters’ comments became the subject of a legal conundrum: did Quixtar’s request to unmask the unknown authors during discovery outweigh the authors’ First Amendment right to remain cloaked? In ultimately answering that question, the Ninth Circuit upheld the …
The Patentability Of Financial Methods: The Market Participants’ Perspectives, Stefania Fusco
The Patentability Of Financial Methods: The Market Participants’ Perspectives, Stefania Fusco
Loyola of Los Angeles Law Review
In the last few years, there has been a renewed interest in the validity of patenting business methods. The issue appeared to be settled in 1998 with State Street Bank & Trust Co. v. Signature Financial Group, Inc. However, in 2008, the Federal Circuit, responding to a more restrictive approach toward the patent system adopted by the Supreme Court, began questioning the soundness of the policy to extend patent protection to business methods. The Federal Circuit’s adjustment of its position occurred explicitly in In re Bilski when the court decided to rehear the case en banc and reconsider the …
Patriotism And Taxation: The Tax Compliance Implications Of The Tea Party Movement, Richard Lavoie
Patriotism And Taxation: The Tax Compliance Implications Of The Tea Party Movement, Richard Lavoie
Loyola of Los Angeles Law Review
Given the rise of the tea party movement, which draws strength from the historical linkage between patriotism and tax protests in the United States, the role of patriotism as a general tax compliance factor is examined in light of the extant empirical evidence. The existing research suggests that patriotism may be a weaker tax compliance factor in the United States than it is elsewhere. In light of this possibility, the tea party movement has the potential to weaken this compliance factor even more. Further, when considered in light of the broader tax morale factors that contribute to tax compliance, the …
Down The Rabbit Hole With Citizens United: Are Bans On Corporate Direct Campaign Contributions Still Constitutional?, Jason S. Campbell
Down The Rabbit Hole With Citizens United: Are Bans On Corporate Direct Campaign Contributions Still Constitutional?, Jason S. Campbell
Loyola of Los Angeles Law Review
Since the early twentieth century, the Tillman Act has barred corporations from contributing directly to candidates for federal office. In Citizens United v. FEC, the U.S. Supreme Court overturned a related ban that prevented corporations from making independent expenditures in candidate elections. The legal foundation of the independent expenditure ban was similar to that which still supports the corporate direct contributions ban, thus calling into question the continuing validity of the direct contributions ban. This Note argues that if the Court follows the logical path that it laid down in Citizens United, it should overturn the corporate direct …
Graham V. Florida: A Game-Changing Victory For Both Juveniles And Juvenile-Rights Advocates, Michelle Marquis
Graham V. Florida: A Game-Changing Victory For Both Juveniles And Juvenile-Rights Advocates, Michelle Marquis
Loyola of Los Angeles Law Review
In Graham v. Florida, the U.S. Supreme Court ruled that the Constitution—specifically, the Cruel and Unusual Punishment Clause of the Eighth Amendment—prohibits the imposition of a life without parole sentence on a juvenile offender who did not commit a homicide. Graham marks a significant departure from the Supreme Court’s Eighth Amendment jurisprudence because it categorically bars life sentences for juveniles who are convicted of nonhomicide crimes based on juveniles’ unique amenability to rehabilitation, rather than on the nature of the punishment itself. While Graham’s central holding is ostensibly straightforward, the decision has generated more questions than answers. Courts …
Amicus Briefs: Sounding Off On Reforming Inequitable Conduct, Joy Lynn Bala
Amicus Briefs: Sounding Off On Reforming Inequitable Conduct, Joy Lynn Bala
Loyola of Los Angeles Law Review
Inequitable conduct, which has been characterized as an “absolute plague” and an “atomic bomb,” allows an accused infringer to assert an affirmative defense against a patentee for violating the duty of candor and good faith in acquiring a patent. The consequences of this “atomic bomb” extend well beyond the litigation context and significantly impact the U.S. Patent and Trademark Office (PTO), patent agents, and patent attorneys. Such consequences include exorbitant litigation costs, overdisclosure to the PTO and thus decreased efficiency by PTO examiners, disciplinary action and potential disbarment of patent agents and attorneys, and even decreased innovation. The Federal Circuit’s …
Introduction: Perspectives On Immigration Reform , Kathleen Kim
Introduction: Perspectives On Immigration Reform , Kathleen Kim
Loyola of Los Angeles Law Review
No abstract provided.
Preventive Detention Distorted: Why It Is Unconstitutional To Detain Immigrants Without Procedural Protections , Whitney Chelgren
Preventive Detention Distorted: Why It Is Unconstitutional To Detain Immigrants Without Procedural Protections , Whitney Chelgren
Loyola of Los Angeles Law Review
There are two main problems with the current immigration detention system: the conditions of confinement and the procedural mechanisms that are used to detain noncitizens. The current conditions of confinement cast serious doubt on the constitutionality of the detention system. Although it is purportedly civil, immigration detention is very much a punitive institution. Moreover, there is no binding regulation governing the operation of detention facilities or the conduct of detention staff. The problems that stem from this lack of regulatory oversight are compounded by the fact that many detention centers are run as for-profit businesses. More fundamentally, noncitizens are detained …
Relief From Deportation: An Unnecessary Battle , Christen Chapman
Relief From Deportation: An Unnecessary Battle , Christen Chapman
Loyola of Los Angeles Law Review
A removal hearing in immigration court focuses on two predominant issues—whether the noncitizen is deportable and whether the noncitizen should be granted relief from a deportation order. Because it is relatively easy for the government to prove deportability, most removal hearings turn on the noncitizen’s application for relief. Currently, an Immigration and Customs Enforcement (ICE) attorney serves as a relentless adversary throughout the removal process, even though few noncitizens are represented by counsel. Although the entire removal hearing lacks the elements that are essential to a fair adversarial proceeding, the ICE attorney’s participation in initially establishing a noncitizen’s removability is …
Enforcing Forum-Selection Clauses: An Examination Of The Current Disarray Of Federal Forum-Selection Clause Jurisprudence And A Proposal For Judicial Reform , Maxwell J. Wright
Enforcing Forum-Selection Clauses: An Examination Of The Current Disarray Of Federal Forum-Selection Clause Jurisprudence And A Proposal For Judicial Reform , Maxwell J. Wright
Loyola of Los Angeles Law Review
This Note examines the current disarray of federal forum-selection clause jurisprudence. Theoretically, a forum-selection clause can provide a degree of stability and predictability to a contractual relationship by limiting where the parties can sue or be sued under the contract. Unfortunately, a lack of Supreme Court guidance and the absence of a federal rule or statue on point have created confusion and varying approaches among lower federal courts as to how they should treat such clauses. This Note outlines the various approaches that federal courts currently employ when enforcing valid exclusive forumselection clauses, and it highlights the strengths and weaknesses …
Reducing The Inherent Malleability Of Mid-Level Scrutiny In Commercial Speech: A Proposed Change To The Second, Third, And Fourth Prongs Of The Central Hudson Test , Kayla R. Burns
Loyola of Los Angeles Law Review
In 1980, in Central Hudson Electric Corp. v. Public Service Commission of New York, the Supreme Court established the current framework for determining the constitutionality of commercial speech restrictions. It has been six years since the Third Circuit made its decision in The Pitt News v. Pappert, holding, under the Central Hudson test, that a state ban on alcohol advertisements in a college newspaper violated the First Amendment right to free speech. Recently, the Fourth Circuit, in Educational Media Co. at Virginia Tech v. Swecker, applied the same test and came to an entirely different conclusion when it held that …
Fighting A Losing Battle: Irca’S Negative Impact On Law-Abiding Employers , Joseph D. Layne
Fighting A Losing Battle: Irca’S Negative Impact On Law-Abiding Employers , Joseph D. Layne
Loyola of Los Angeles Law Review
The Immigration Reform and Control Act of 1986 (IRCA) made it illegal for employers to hire undocumented workers, and it shifted the responsibility and power of enforcement to employers’ hands. Because employers are ultimately concerned about their bottom-line profit margins, IRCA has created an inherent conflict of interest that incentivizes unscrupulous employers to take advantage of undocumented workers because, by doing so, the employers realize significant savings in the form of lower wages. In addition, recent judicial decisions have limited employers’ liability for violating federal labor laws, which has resulted in an overall dilution of undocumented workers’ labor-law rights. In …
Trendlines: Court Decisions, Proposed Legislation, And Their Likely Impact On Binational Same-Sex Families , Jay Strozdas
Trendlines: Court Decisions, Proposed Legislation, And Their Likely Impact On Binational Same-Sex Families , Jay Strozdas
Loyola of Los Angeles Law Review
Family is a cornerstone of U.S. immigration policy. The United States grants green cards to every immigrant who is validly married to a U.S. citizen—unless the marriage is to someone of the same sex. The Defense of Marriage Act (DOMA) denies federal recognition of so-called samesex marriages. Recent social, political, judicial, and legislative trends suggest the eventual abrogation of DOMA. Even so, sponsorship for same-sex couples is not automatic and will ultimately depend on how DOMA’s demise is achieved. This Article illuminates a clear path for same-sex binational couples to receive equal immigration benefits in a post-DOMA world. However, if …
Crossing Over: Assessing Operation Streamline And The Rights Of Immigrant Criminal Defendants At The Border, Edith Nazarian
Crossing Over: Assessing Operation Streamline And The Rights Of Immigrant Criminal Defendants At The Border, Edith Nazarian
Loyola of Los Angeles Law Review
Bent on curbing unauthorized immigration in the United States, the Department of Homeland Security has implemented Operation Streamline—a program aimed at criminally prosecuting all unauthorized immigrants along a five-mile stretch of the U.S.-Mexico border. While lauded by proponents as a success, Streamline has driven courts to conduct en masse hearings that ultimately compromise immigrant criminal defendants’ due process rights. Although the Ninth Circuit recently held in United States v. Roblero-Solis that these en masse proceedings violate Rule 11 of the Federal Rules of Criminal Procedure, this Article argues that by basing its holding on a procedural rule, Roblero-Solis fails to …
United States V. Comstock: The Next Chapter In The Struggle Between State And Congressional Power, Lauren Kulpa
United States V. Comstock: The Next Chapter In The Struggle Between State And Congressional Power, Lauren Kulpa
Loyola of Los Angeles Law Review
No abstract provided.
Berghuis V. Smith: Continuing Ambiguity In Fair-Cross-Section Claims, Natalie A. Pifer
Berghuis V. Smith: Continuing Ambiguity In Fair-Cross-Section Claims, Natalie A. Pifer
Loyola of Los Angeles Law Review
No abstract provided.
Arbitrating Arbitrability: How The U.S. Supreme Court Empowered The Arbitrator At The Expense Of The Judge And The Average Joe, Jennifer Schulz
Arbitrating Arbitrability: How The U.S. Supreme Court Empowered The Arbitrator At The Expense Of The Judge And The Average Joe, Jennifer Schulz
Loyola of Los Angeles Law Review
No abstract provided.
Essay: Justice Stevens’ Jurisprudence Of Respect, Nancy S. Marder
Essay: Justice Stevens’ Jurisprudence Of Respect, Nancy S. Marder
Loyola of Los Angeles Law Review
No abstract provided.
Justice Stevens And Constitutional Adjudication: The Law Beyond The Rules, William D. Araiza
Justice Stevens And Constitutional Adjudication: The Law Beyond The Rules, William D. Araiza
Loyola of Los Angeles Law Review
This Article considers Justice Stevens’ approach to equal protection and free speech cases. It contrasts his longstanding attempts to pierce through mediating doctrinal rules in these areas and apply true constitutional meaning (“the law beyond the rules”) with the more rule-bound approach exemplified by Chief Justice Roberts and other members of the Court’s conservative bloc. While appreciating JusticeStevens’ efforts in this regard, this Article also recognizes some of the problems he encountered in his quest. However, it also notes that the more rule-bound approach suffers from flaws of its own, even when judged against the criteria more rule-friendly justices offer …
Relatively Unguided: Examining The Precedential Value Of The Plurality Decision In Shady Grove Orthopedic Associates V. Allstate Insurance Co., And Its Effects On Class Action Litigation, Andrew J. Kazakes
Loyola of Los Angeles Law Review
No abstract provided.
Unreasonable Calculations Of “Reasonable” Fees: Perdue V. Kenny A. Ex. Rel. Winn And The Supreme Court’S Ongoing Struggle With 42 U.S.C. § 1988, Kristin A.C. Olin
Unreasonable Calculations Of “Reasonable” Fees: Perdue V. Kenny A. Ex. Rel. Winn And The Supreme Court’S Ongoing Struggle With 42 U.S.C. § 1988, Kristin A.C. Olin
Loyola of Los Angeles Law Review
No abstract provided.
Merck & Co. V. Reynolds: Sarbanes-Oxley’S Perplexing Statute Of Limitations, Jordan Ludwig
Merck & Co. V. Reynolds: Sarbanes-Oxley’S Perplexing Statute Of Limitations, Jordan Ludwig
Loyola of Los Angeles Law Review
No abstract provided.
The Right-To-Honest-Services Doctrine—Enron’S Final Victim: Pure Void-For-Vagueness In Skilling V. United States, Wesley Burrell
The Right-To-Honest-Services Doctrine—Enron’S Final Victim: Pure Void-For-Vagueness In Skilling V. United States, Wesley Burrell
Loyola of Los Angeles Law Review
No abstract provided.
Justice Stevens And The Obligations Of Judgment, David E. Pozen
Justice Stevens And The Obligations Of Judgment, David E. Pozen
Loyola of Los Angeles Law Review
No abstract provided.
Schwab V. Reilly: An Exemption From The Duty To Object To Exemptions, Anna Do
Schwab V. Reilly: An Exemption From The Duty To Object To Exemptions, Anna Do
Loyola of Los Angeles Law Review
No abstract provided.
Touching A Nerve: Hertz V. Friend’S Impact On The Class Action Fairness Act’S Minimum Diversity Requirement, Kimberly Nakamaru
Touching A Nerve: Hertz V. Friend’S Impact On The Class Action Fairness Act’S Minimum Diversity Requirement, Kimberly Nakamaru
Loyola of Los Angeles Law Review
No abstract provided.
Attorneys Beware: Jerman V. Carlisle Holds You Liable For Technical Legal Errors Under The Fdcpa, Vartan S. Madoyan
Attorneys Beware: Jerman V. Carlisle Holds You Liable For Technical Legal Errors Under The Fdcpa, Vartan S. Madoyan
Loyola of Los Angeles Law Review
No abstract provided.