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Full-Text Articles in Law

Constitutional Structure, Institutional Relationships And Text: Revisiting Charles Black’S White Lectures, Richard C. Boldt May 2021

Constitutional Structure, Institutional Relationships And Text: Revisiting Charles Black’S White Lectures, Richard C. Boldt

Loyola of Los Angeles Law Review

Fundamental questions about constitutional interpretation and meaning invite a close examination of the complicated origins and the subsequent elaboration of the very structure of federalism. The available records of the Proceedings in the Federal Convention make clear that the Framers entertained two approaches to delineating the powers of the central government relative to those retained by the states. The competing approaches, one reliant on a formalist enumeration of permissible powers, the other operating functionally on the basis of a broad dynamic concept of state incompetence and national interest, often are presented as mutually inconsistent narratives. In fact, these two approaches …


The Coronavirus Pandemic Shutdown And Distributive Justice: Why Courts Should Refocus The Fifth Amendment Takings Analysis, Timothy M. Harris Feb 2021

The Coronavirus Pandemic Shutdown And Distributive Justice: Why Courts Should Refocus The Fifth Amendment Takings Analysis, Timothy M. Harris

Loyola of Los Angeles Law Review

The 2020 Coronavirus Pandemic and the ensuing shutdown of private businesses—to promote the public’ s health and safety— demonstrated the wide reach of state and local governments’ police power. Many businesses closed and many went bankrupt as various government programs failed to keep their enterprises afloat.

These businesses were shut down to further the national interest in stemming a global pandemic. This is an archetypal example of regulating for the public health—preventing a direct threat that sickened hundreds of thousands of Americans. But some businesses were disproportionately hit while others flourished. Many who bore the brunt of these regulations sued, …


Whose Rights Matter More—Police Privacy Or A Defendant’S Right To A Fair Trial?, Laurie L. Levenson Feb 2021

Whose Rights Matter More—Police Privacy Or A Defendant’S Right To A Fair Trial?, Laurie L. Levenson

Loyola of Los Angeles Law Review

The function of the prosecutor under the federal Constitution is not to tack as many skins of victims as possible to the wall. His function is to vindicate the right of the people as expressed in the laws and give those accused of crime a fair trial.

– William O. Douglas


Goodridge V. Department Of Public Health, Same-Sex Marriage, And The Massachusetts Supreme Judicial Court As Critical Social Movement Ally, Carlo A. Pedrioli Feb 2021

Goodridge V. Department Of Public Health, Same-Sex Marriage, And The Massachusetts Supreme Judicial Court As Critical Social Movement Ally, Carlo A. Pedrioli

Loyola of Los Angeles Law Review

“[I]t is circular reasoning, not analysis, to maintain that marriage must remain a heterosexual institution because that is what it historically has been.”


Section 230 Of The Communications Decency Act: Why California Courts Interpreted It Correctly And What That Says About How We Should Change It, E. Alex Murcia Nov 2020

Section 230 Of The Communications Decency Act: Why California Courts Interpreted It Correctly And What That Says About How We Should Change It, E. Alex Murcia

Loyola of Los Angeles Law Review

In 1996, Congress passed the Communications Decency Act (CDA). In 1997, the United States Supreme Court struck down most of the CDA. However, section 230, which protects providers and users of interactive computer services from liability for defamatory content posted to their platforms by third parties, remains in effect. In the California and federal judicial systems, courts interpret section 230’s immunity provisions broadly—so that the statute conveys broad immunity. This Note argues that the broad application of section 230’s protections is consistent with the intent of the statute’s drafters. However, it also contends that (1) this interpretation of section 230 …


Democracy, Deference, And Compromise: Understanding And Reforming Campaign Finance Jurisprudence, Scott P. Bloomberg Aug 2020

Democracy, Deference, And Compromise: Understanding And Reforming Campaign Finance Jurisprudence, Scott P. Bloomberg

Loyola of Los Angeles Law Review

In Citizens United, the Supreme Court interpreted the government’s interest in preventing corruption as being limited to preventing quid pro quo— cash-for-votes—corruption. This narrow interpretation drastically circumscribed legislatures’ abilities to regulate the financing of elections, in turn prompting scholars to propose a number of reforms for broadening the government interest in campaign finance cases. These reforms include urging the Court to recognize a new government interest such as political equality, to adopt a broader understanding of corruption, and to be more deferential to legislatures in defining corruption.

Building upon that body of scholarship, this Article begins with a descriptive …


Law Enforcement Welfare Checks And The Community Caretaking Exception To The Fourth Amendment Warrant Requirement, Andrea L. Steffan Aug 2020

Law Enforcement Welfare Checks And The Community Caretaking Exception To The Fourth Amendment Warrant Requirement, Andrea L. Steffan

Loyola of Los Angeles Law Review

No abstract provided.


A Too Permeating Police Surveillance: Consumer Genetic Genealogy And The Fourth Amendment After Carpenter, Michael I. Selvin Aug 2020

A Too Permeating Police Surveillance: Consumer Genetic Genealogy And The Fourth Amendment After Carpenter, Michael I. Selvin

Loyola of Los Angeles Law Review

No abstract provided.


People V. Buza: A Step In The Wrong Direction, Emily R. Pincin Feb 2020

People V. Buza: A Step In The Wrong Direction, Emily R. Pincin

Loyola of Los Angeles Law Review

No abstract provided.


A Child Litigant's Right To Counsel, Kevin Lapp May 2019

A Child Litigant's Right To Counsel, Kevin Lapp

Loyola of Los Angeles Law Review

As the Supreme Court put it a half century ago, the right tocounsel for juveniles reflects “society’s special concern for children” and “is of the essence of justice.” In a variety of legal proceedings, from delinquency matters to child welfare proceedings to judicial bypass hearings, the law requires the appointment of counsel to child litigants. While coherent in the whole, the law regarding counsel for child litigants is a patchwork of state and federal constitutional rulings by courts and statutory grants. Legal scholarship about a child litigant’s right to counsel is similarly fragmented. Predominantly, legal scholars have examined arguments for …


Mission Creep And Wiretap Act 'Super Warrants': A Cautionary Tale, Jennifer S. Granick, Patrick Toomey, Naomi Gilens, Daniel Yadron Jr. May 2019

Mission Creep And Wiretap Act 'Super Warrants': A Cautionary Tale, Jennifer S. Granick, Patrick Toomey, Naomi Gilens, Daniel Yadron Jr.

Loyola of Los Angeles Law Review

Congress enacted the Wiretap Act in 1968 in an effort to combat organized crime while safeguarding the privacy of innocent Americans. However, the Act instead served to legitimize wiretapping, and its privacy protections have eroded over time. As a result, there has been a significant increase in wiretapping in the decades since the Act’s passage. As technology evolves, the Wiretap Act does less to protect Americans’ private communications from government interception. Nevertheless, policy makers see the Wiretap Act, with its “super-warrant” procedures, as the gold standard for statutory privacy protection. To the contrary, when considering how to regulate new and …


Weed Whacking Through The Tenth Amendment: Navigating A Trump Administration Threat To Withhold Funding From Marijuana-Friendly States, Arlen Gharibian Feb 2019

Weed Whacking Through The Tenth Amendment: Navigating A Trump Administration Threat To Withhold Funding From Marijuana-Friendly States, Arlen Gharibian

Loyola of Los Angeles Law Review

The Trump administration has taken a firm stance against marijuana legalization at the state level. While an official federal policy is still pending, this Article focuses on whether the Trump administration’s threats to preventCalifornia from pursuing its duly enacted marijuana legalization law violates the Tenth Amendment. This Article then addresses how the federal government could achieve its goal while remaining within the bounds of the Constitution.


Burning A Hole In The Pocket Of Justice: Prop. 66'S Underfunded Attempt To Fix California's Death Penalty, Flavia Costea Feb 2019

Burning A Hole In The Pocket Of Justice: Prop. 66'S Underfunded Attempt To Fix California's Death Penalty, Flavia Costea

Loyola of Los Angeles Law Review

California has struggled with the administrative and financial burdens of a flawed death penalty system for decades. In an effort to save the death penalty, the voters of California enacted Proposition 66, which promised to deliver a quicker and more cost-effective system. This Article focuses on the provision of Prop. 66 that expands the number of lawyers who can act as defense lawyers for inmates on death row. While this provision superficially seems to solve the shortage of defense attorneys willing to take on death penalty cases, without significant funding, the shortage of resources and pressure to speed up executions …


Property, Persons, And Institutionalized Police Interdiction In Byrd V. United States, Eric J. Miller Nov 2018

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. Nov 2018

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.


Let Them Eat Cake: Why Public Proprietors Of Wedding Goods And Services Must Equally Serve All People, Labdhi Sheth, Molly Christ Nov 2018

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.


"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 Jul 2018

"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.


The Confrontation Clause: Employing The "Greatest Legal Engine Ever Invented For The Discovery Of Truth" To Promote Justice In Criminal Courts, Ani Oganesian Jul 2018

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.


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’s Miranda …


"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, and …


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.


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.


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.


Harmonizing Federal Tax Law And The State Legalization Of Marijuana, Daniel Rowe Jan 2018

Harmonizing Federal Tax Law And The State Legalization Of Marijuana, Daniel Rowe

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.


Criminals, Classrooms, And Kangaroo Courts: Why College Campuses Should Not Adjudicate Sexual Assault Cases, Ashley Sarkozi Jan 2017

Criminals, Classrooms, And Kangaroo Courts: Why College Campuses Should Not Adjudicate Sexual Assault Cases, Ashley Sarkozi

Loyola of Los Angeles Law Review

No abstract provided.


In Defense Of California's Mandatory Child Vaccination Law: California Courts Should Not Depart From Established Precedent, Stephanie Awanyai Jan 2017

In Defense Of California's Mandatory Child Vaccination Law: California Courts Should Not Depart From Established Precedent, Stephanie Awanyai

Loyola of Los Angeles Law Review

In the wake of the 2015 measles outbreak in California, California Senate Bill 277 (S.B. 277) was enacted. S.B. 277 repeals the personal belief exemption to California’s immunization requirement for children in public and private educational or child care facilities in the State. While S.B. 277 was enacted to prevent the spread of contagious diseases through mandatory vaccinations of school-aged children, there are objections to this approach. Parents who oppose S.B. 277 contend that S.B. 277 violates their federal and state constitutional rights to make medical decisions on behalf of their child, and infringes on their child’s fundamental state interest …


Ncaa: No Consequences Against Athletes, Catalina Kelly Jan 2017

Ncaa: No Consequences Against Athletes, Catalina Kelly

Loyola of Los Angeles Law Review

No abstract provided.