Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (14)
- Civil Rights and Discrimination (8)
- Supreme Court of the United States (8)
- Criminal Law (6)
- Criminal Procedure (6)
-
- Law and Race (4)
- State and Local Government Law (4)
- Tax Law (4)
- Evidence (3)
- Fourteenth Amendment (3)
- Intellectual Property Law (3)
- Jurisprudence (3)
- Law and Politics (3)
- Taxation-Federal (3)
- Business Organizations Law (2)
- Civil Procedure (2)
- Conflict of Laws (2)
- Fourth Amendment (2)
- Immigration Law (2)
- Law Enforcement and Corrections (2)
- Law and Society (2)
- Litigation (2)
- Securities Law (2)
- Sexuality and the Law (2)
- Administrative Law (1)
- Animal Law (1)
- Banking and Finance Law (1)
- Bankruptcy Law (1)
- Civil Law (1)
- Keyword
-
- Supreme Court (7)
- Discrimination (3)
- Constitutional law (2)
- First Amendment (2)
- Fourth Amendment (2)
-
- IRS (2)
- Internal revenue service (2)
- Sexual orientation (2)
- Shareholder (2)
- Sixth Amendment (2)
- Tax code (2)
- Tax law (2)
- Trademark (2)
- 132(e)(2) (1)
- 2016 presidential election (1)
- ADR (1)
- ASEAN (1)
- ASEAN Way (1)
- Affordable health care (1)
- Alternative Dispute Resolution (1)
- Amazon (1)
- Animal Cruelty (1)
- Association of Southeast Asian Nations (1)
- Bankruptcy (1)
- Basis of sex (1)
- Bivens (1)
- Block (1)
- Border Patrol (1)
- Boston (1)
- Boston Bruins (1)
Articles 1 - 30 of 32
Full-Text Articles in Law
Property, Persons, And Institutionalized Police Interdiction In Byrd V. United States, Eric J. Miller
Property, Persons, And Institutionalized Police Interdiction In Byrd V. United States, Eric J. Miller
Loyola of Los Angeles Law Review
During a fairly routine traffic stop of a motorist driving a rental car, two State Troopers in Harrisburg, Pennsylvania, discovered that the driver, Terrence Byrd, was not the listed renter. The Court ruled that Byrd nonetheless retained a Fourth Amendment right to object to the search. The Court did not address, however, why the Troopers stopped Byrd in the first place. A close examination of the case filings reveal suggests that Byrd was stopped on the basis of his race. The racial feature ofthe stop is obscured by the Court’s current property-basedinterpretation of the Fourth Amendment’s right to privacy.
Although …
Murphy V. Ncaa: The Supreme Court's Latest Advance In Chemerinsky's "Federalism Revolution", Jonathan O. Ballard Jr.
Murphy V. Ncaa: The Supreme Court's Latest Advance In Chemerinsky's "Federalism Revolution", Jonathan O. Ballard Jr.
Loyola of Los Angeles Law Review
No abstract provided.
Obscured Boundaries: Dimaya's Expansion Of The Void-For-Vagueness Doctrine, Katherine Brosamle
Obscured Boundaries: Dimaya's Expansion Of The Void-For-Vagueness Doctrine, Katherine Brosamle
Loyola of Los Angeles Law Review
No abstract provided.
Let Them Eat Cake: Why Public Proprietors Of Wedding Goods And Services Must Equally Serve All People, Labdhi Sheth, Molly Christ
Let Them Eat Cake: Why Public Proprietors Of Wedding Goods And Services Must Equally Serve All People, Labdhi Sheth, Molly Christ
Loyola of Los Angeles Law Review
No abstract provided.
Human Rights The "Asean Way": Exploring The Possibilities For A Regional Adr And Adjudicative Body In Southeast Asia, Mariam Sarwar
Human Rights The "Asean Way": Exploring The Possibilities For A Regional Adr And Adjudicative Body In Southeast Asia, Mariam Sarwar
Loyola of Los Angeles Law Review
No abstract provided.
Sexual Orientation Discrimination Under Title Vii: The Promising Road Ahead, Sydney Wright
Sexual Orientation Discrimination Under Title Vii: The Promising Road Ahead, Sydney Wright
Loyola of Los Angeles Law Review
No abstract provided.
A Fox In The Henhouse: Applying California's Delayed Discovery Rule In Federal Court, Samuel Donohue
A Fox In The Henhouse: Applying California's Delayed Discovery Rule In Federal Court, Samuel Donohue
Loyola of Los Angeles Law Review
No abstract provided.
Rethinking How Voters Challenge Gerrymandering: Congress, Courts, And State Constitutions, Megan Wilson
Rethinking How Voters Challenge Gerrymandering: Congress, Courts, And State Constitutions, Megan Wilson
Loyola of Los Angeles Law Review
No abstract provided.
"It's Open Season At The Border": Why The Bivens Remedy Should Extend To U.S. Border Patrol Agents In Cross-Border Shootings, Samantha Garza
"It's Open Season At The Border": Why The Bivens Remedy Should Extend To U.S. Border Patrol Agents In Cross-Border Shootings, Samantha Garza
Loyola of Los Angeles Law Review
No abstract provided.
Companion Animals Are More Than "Just" Personal Property: Oregon Supreme Court Joins Growing National Trend, Kathleen Simers
Companion Animals Are More Than "Just" Personal Property: Oregon Supreme Court Joins Growing National Trend, Kathleen Simers
Loyola of Los Angeles Law Review
No abstract provided.
Revoking The "Get Out Of Jail Free Card": How Mavrix Photographs, Llc V. Livejournal, Inc. Could Revolutionize User-Generated Safe Harbor Protections Under § 512(C) Of The Digital Millennium Copyright Act, Caitlin Oswald
Loyola of Los Angeles Law Review
No abstract provided.
The Confrontation Clause: Employing The "Greatest Legal Engine Ever Invented For The Discovery Of Truth" To Promote Justice In Criminal Courts, Ani Oganesian
Loyola of Los Angeles Law Review
No abstract provided.
Muddying The Water: Tiered Water Rates After San Juan Capistrano, Travis Kaya
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 set by public water …
No Child Left Behind Bars: Suspending Willful Defiance To Disassemble The School-To-Prison Pipeline, Danielle Dankner
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 …
A Product Of Childhood: Accounting For Age In The Miranda Analysis, Ariana Rodriguez
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’s Miranda …
Guilty Until Proven Innocent: California's Prop. 50 Turns The Concept Of Due Process On Its Head, Brantley I. Pepperman
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 …
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.
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.
"Because Of Sex", Jack B. Harrison
"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, and …
Four Walls Do Not An Eating Facility Make: Arguing Against The U.S. Tax Court's Unprecedented Jacobs V. Commissioner Decision, Brendan Zwaneveld
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.
Foreword: Criminal Procedure In Winter, Daniel Epps
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
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.
Social Media And The Government: Why It May Be Unconstitutional For Government Officials To Moderate Their Social Media, Alex Hadjian
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.
Midland Funding V. Johnson And The Pernicious Problem Of Stale-Debt Claims, Kara J. Bruce
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
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
County Of Los Angeles V. Mendez: Defending The Constitutionality Of The "Provocation Rule", Layla Bishara
Loyola of Los Angeles Law Review
No abstract provided.
Multi-Time Machine V. Amazon: Confusion In The Likelihood Of Confusion Analysis, Thuy Michelle Nguyen
Multi-Time Machine V. Amazon: Confusion In The Likelihood Of Confusion Analysis, Thuy Michelle Nguyen
Loyola of Los Angeles Law Review
No abstract provided.
Medical Necessity: A Higher Hurdle For Marginalized Taxpayers?, Julie Furr Youngman, Courtney D. Hauck
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 to deduct …
Tax 2018: Requiem For Ability To Pay, Alice G. Abreu
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 …
Caremark's Hidden Promise, Ezra Wasserman Mitchell
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 to …
Fairness Over Finality: Peña-Rodriguez V. Colorado And The Right To An Impartial Jury, Katherine Brosamle
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.