Law Commons^™

Where Is Equal Protection? Applying Strict Scrutiny To Use Of Race By Law Enforcement., Evan Gerstmann

Evan Gerstmann

This article seeks to move the debate over the use of race by law enforcement beyond the current focus on racial profiling, arguing that the courts must apply strict scrutiny to all use of race by law enforcement, including the stopping and questioning of persons based on suspect descriptions that include race. The current debate implicitly (and sometimes explicitly) assumes that law enforcement’s use of race can be divided into unconstitutional racial profiling and all other uses of races, which are presumptively legitimate. However, when other institutions rely upon race, such as public universities implementing affirmative action programs, courts automatically …

One Nation’S Humanitarian Intervention Is Another’S Illegal Aggression: How To Govern International Responsibility In The Face Of Civilian Suffering, Alexandra T. Steele

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

A Wild Goose Chase: California’S Attempt To Regulate Morality By Banning The Sale Of One Food Product, Max Shapiro

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

A Solution For Developing Countries’ Problem With Wto Noncompliance, Liran Aliav

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Enforcing A Unitary Patent In Europe: What The U.S. Federal Courts And Community Design Courts Teach Us, Philip P. Soo

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Major League Baseball Team Bankruptcies: Who Wins? Who Loses?, John Dillon

Loyola of Los Angeles Entertainment Law Review

Baseball is America’s sport. It evokes a sense of tradition and a love for the home team. Like all professional sports teams, however, baseball teams are part of a league, which restricts team ownership through contractual “constitutional” provisions and agreements and limits the number of teams that exist. In this limited and restricted entertainment market, professional sports teams operate highly lucrative businesses that sometimes seek bankruptcy protection through Chapter 11 reorganization. Bankruptcy generally allows the debtor to alter existing contractual rights and restructure its operations to avert the financial crisis that precipitated the bankruptcy filing. However, professional sports leagues have …

Quid Pro Quo: Piercing The Reporter’S Privilege For Media Who Ride Along, Dina Hovsepian

Loyola of Los Angeles Entertainment Law Review

The reporter’s privilege, also known as the reporter’s shield law, exists to protect reporters from forced disclosure regarding confidential information and sources. Stemming from the First Amendment right to freedom of press, this privilege seeks to safeguard the free flow of information. However, reporters are frequently participating in media ride-alongs during which they are permitted to accompany police officers in their daily duties. As a result of these ride-alongs, reporters witness arrests, search warrant executions, and crime scene investigations. When subsequently subpoenaed to testify during the criminal trial related to those events, these reporters assert their privilege and refuse to …

The Scoop On Betty Boop: A Proposal To Limit Overreaching Trademarks, Lee B. Burgunder

Loyola of Los Angeles Entertainment Law Review

The Ninth Circuit temporarily stunned marketers in 2011 when it ruled that Betty Boop did not serve as a trademark on merchandise due to aesthetic functionality and because protection would conflict with the copyright system. The opinion endangered merchandising rights in all trademarks and jeopardized the duration of trademark rights in images and media characters. The court soon withdrew the decision and substituted it with one that denied protection on technical grounds, leaving the controversies for another day. This article demonstrates that the court’s apprehension about copyrights made sense, and proposes a new approach to distinguish when copyrighted images might …

Extra!! Extra!!: The Viability Of The Hot News Misappropriation Claim Is In Jeopardy, Sean Winston Montgomery

Loyola of Los Angeles Entertainment Law Review

Nearly a century ago, the International News Service appropriated news articles from its competitor, the Associated Press, without expending time, labor, or money. Naturally, the Associated Press took exception to this anticompetitive business practice. To resolve the conflict, the Supreme Court created the hot news misappropriation tort, which proscribed the copying of breaking news items collected by a commercial competitor. Over the years, the hot news misappropriation tort has survived in spite of the oft-used critique that it seeks to protect the same rights and privileges as copyright infringement, and therefore should be rendered null and void by the copyright …

Prologue: The Man Who Made Genocide A Crime: The Legacy Of Raphael Lemkin, Stanley A. Goldman

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

The Eichmann Case And The Distortion Of History, Eli M. Rosenbaum

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

The Eichmann Trial, Gabriel Bach

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Hiv Discrimination In Dental Care: Results Of A Testing Study In Los Angeles County, Brad Sears, Christian Cooper, Fariba S. Younai, Tom Donohoe

Loyola of Los Angeles Law Review

Thirty years after HIV was first identified, for the majority of those infected in the United States, effective combination therapies to combat HIV have turned the disease into a manageable chronic condition. But HIV discrimination has still proven intractable in the field of health care. For example, a series of studies has revealed that 46 percent of skilled nursing facilities, 55 percent of OB/GYNs, and 26 percent of plastic surgeons in Los Angeles County refuse to provide services to any HIV-positive patient, in violation of state and federal law.

This Study examines HIV discrimination among dentists in Los Angeles County. …

The Truth Behind Echols V. State: How An Alford Guilty Plea Saved The West Memphis Three, Kaytee Vota

Loyola of Los Angeles Law Review

After they spent eighteen years in prison for the notorious 1993 murders of three young boys, the West Memphis Three were released on August 19, 2011, after they entered Alford pleas. Under an Alford plea, a defendant can voluntarily, knowingly, and understandingly plead guilty while he simultaneously proclaims his innocence. But with little evidence linking the West Memphis Three to the crime and with recent DNA evidence likely establishing their innocence, was it appropriate for the Circuit Court of Craighead County, Arkansas, to allow the men to even plead guilty? This Comment argues that the circuit court in Echols v. …

Connecting The Dots: The Ninth Circuit's Refusal To Find Probable Cause In Dougherty V. City Of Covina, Carmelo Tringali

Loyola of Los Angeles Law Review

The relationship between molesting children and possessing child pornography is significant, and the U.S. Supreme Court’s decision in Illinois v. Gates sets a low threshold requirement for probable cause in justifying search warrants. Nonetheless, federal circuit courts disagree as to whether evidence of child molestation is sufficient in itself to establish probable cause for a search warrant for child pornography. In Dougherty v. City of Covina, the Ninth Circuit furthered this circuit split by siding with the Second and Sixth Circuits in determining that such evidence is insufficient to establish probable cause justifying a search warrant. This Comment examines …

Introduction: Talking Around Marriage, Douglas Nejaime

Loyola of Los Angeles Law Review

No abstract provided.

The Eichmann Trial: Was It The Jewish Nuremberg?, Hanna Yablonka

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

The Strange And Curious History Of The Law Used To Prosecute Adolf Eichmann, Michael J. Bazyler, Julia Y. Scheppach

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Pornoshopped: Why California Should Adopt The Federal Standard For Child Pornography, Brian Yamada

Loyola of Los Angeles Entertainment Law Review

In 2011, Joseph Gerber was convicted for possession of child pornography under California Penal Code section 311.11 when he photo-edited his 13-year-old daughter’s face onto the bodies of adult women. However, the 6th District of the California Court of Appeal reversed his conviction because the language of the statute required the child to “personally” engage in the depicted conduct. As a result, in California it is very difficult to successfully prosecute morphed child pornography (where a picture of a real child is manipulated into an unidentifiable minor). In addition, the ability of section 311.11 to protect children is substantially diminished …

Eichmann In Jerusalem—And In West Germany: Eichmann Trial Witnesses And The West German Prosecution Of Operation Reinhard Crimes, 1958–1966, Michael Bryant

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Lgbt Identity: A Demographer's Perspective, Gary J. Gates

Loyola of Los Angeles Law Review

In a recent study, the Author of this Article estimated that the self-identified lesbian, gay, bisexual, and transgender (LGBT) community makes up 3.8 percent of the American population. The Author’s estimate was far lower than many scholars and activists had contended, and it included a relatively high proportion of persons self-identifying as bisexuals. This Article responds to two of the central criticisms that arose in the controversy that followed. First, in response to claims that his estimate did not account for people who are in the closet, the Author describes how demographers might measure the size of the closet. Second, …

Health Care Issues Affecting People With An Intersex Condition Or Dsd: Sex Or Disability Discrimination?, Julie A. Greenberg

Loyola of Los Angeles Law Review

People with an intersex condition or a Difference of Sex Development (DSD) depend on health care professionals for critical medical treatment. Many intersex activists assert that some current medical practices are not in the best interests of patients with an intersex condition. They contend that greater safeguards should be adopted to ensure that the rights to liberty and autonomy of people with a DSD are respected.

Thus far, intersex advocacy has focused on extralegal strategies. The movement is at a point, however, where legal challenges to current medical protocols could provide an additional tool to improve life-altering health care practices. …

Facebook Or Face Bank?, Carmen Aguado

Loyola of Los Angeles Entertainment Law Review

On June 7, 2011, social media giant Facebook Inc. debuted its facial recognition tool to all of its users. The facial recognition tool has the capability of identifying individuals automatically in photographs uploaded to Facebook by its users. Soon thereafter, the facial recognition tool prompted privacy concerns and ultimately led to a complaint being filed with the Federal Trade Commission. While at first denying its use of facial recognition technology, Facebook eventually admitted to its use of the technology. However, Facebook failed to acknowledge that it collected and stored the biometric data—data that is considered highly sensitive—of all of its …

Evidence Of Persistent And Pervasive Workplace Discrimination Against Lgbt People: The Need For Federal Legislation Prohibiting Discrimination And Providing For Equal Employment Benefits, Jennifer C. Pizer, Brad Sears, Christy Mallory, Nan D. Hunter

Loyola of Los Angeles Law Review

Lesbian, gay, bisexual, and transgender (LGBT) people have experienced a long and pervasive history of employment discrimination. Today, more than eight million people in the American workforce identify as LGBT, but there still is no federal law that explicitly prohibits sexual orientation and gender identity discrimination against them.

This Article begins by surveying the social science research and other evidence illustrating the nature and scope of the discrimination against LGBT workers and the harmful effects of this discrimination on both employees and employers. It then analyzes the existing legal protections against this discrimination, which include constitutional protections for public sector …

The Descent Of Responsible Procreation: A Genealogy Of An Ideology, Julie A. Nice

Loyola of Los Angeles Law Review

Just as societal practices related to marriage and procreation have changed remarkably during the past several decades, the amount of litigation regarding same-sex marriage has increased substantially. Over time, defenders of state bans on same-sex marriage have primarily leaned on the responsible-procreation defense, which surmises that same-sex couples already procreate responsibly and that the rights and responsibilities of marriage should be limited to furthering the goal of encouraging more responsible procreation by heterosexuals.

This Article traces the genealogy of responsible procreation. Rooted in religion, the defense was once rejected as a justification for limiting heterosexuals’ constitutional rights. Later, it appeared …

The Unusual Dynamic Of The Eichmann Trial: Prosecution And Defense Versus The Court, Frank Tuerkheimer

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Comics, Courts & Controversy: A Case Study Of The Comic Book Legal Defense Fund, Marc H. Greenberg

Loyola of Los Angeles Entertainment Law Review

Cartoons and comics have been a part of American culture since this nation’s formation. Throughout that lengthy history, comics and cartoons have also been a subject of controversy, censorship, legislation, and litigation. They have been viewed as a threat to society and a cause of juvenile delinquency; they are scandalous, indecent, and obscene. The Comic Book Legal Defense Fund (“CBLDF”), a New York-based non-profit organization, provides legal defense for comic artists, collectors, distributors, and retailers who face civil and/or criminal penalties for the creation, sale, and ownership of comics, cartoons, graphic novels, and related works.

The Introduction to this article …

New Media And The News Media: Too Much Media, Llc V. Hale And The Reporter's Privilege In The Digital Age, Joshua Rich

Loyola of Los Angeles Law Review

Rooted in the U.S. Constitution and state statutes known as shield laws, the reporter’s privilege has long guarded news gatherers who wish to keep their sources secret. The majority of states have codified shield laws. These statutes support the First Amendment, whose free-press provision allows journalists to act without government control. But the boundaries of the reporter’s privilege have become blurred. Who, in this electronic era of citizen journalism, qualifies as a reporter for the purposes of shield-law protection? Can a blogger enjoy the same benefits that a typical print, radio, or television journalist receives? This Comment examines the case …

Arizona Free Enterprise Club’S Freedom Club Pac V. Bennett: Money Talks, Matching Funds Provision Walks, Roya Rahmanpour

Loyola of Los Angeles Law Review

Money’s influence on politics has posed a problem for many jurisdictions. Arizona tried to combat this issue in part through the “matching funds” provision of its Clean Elections Act. This provision was part of a larger campaign-financing scheme; it allowed for additional campaign money to go to publicly financed candidates when the expenditures of their privately financed opponents and other independent groups collectively exceeded the initial funding that the state had provided to the publicly financed candidates. In Arizona Free Enterprise Club’s Freedom Club PAC v. Bennett, the U.S. Supreme Court held that this matching funds provision violated the …

Empty Protection And Meaningless Review—The Need To Reform California's Stagnant Capital Clemency System, Brittney Cunningham

Loyola of Los Angeles Law Review

This Note examines California’s stagnant capital clemency system and its ability to properly function as a fail safe against miscarriages of justice. Finding that the state’s clemency system lacks transparency, appears arbitrary, and is strained by political pressure, this Note argues that California’s system of wide discretion fails to provide a meaningful review of clemency petitions. To restore clemency’s failsafe function, this Note urges California to create a clemency board and provide procedural guidelines for the board to follow when addressing petitions. This Note asserts that by enacting these reforms, California will invigorate its stagnant clemency system and ensure that …