Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 12 of 12
Full-Text Articles in Law
The Future Of Bail In California: Analyzing Sb 10 Through The Prism Of Past Reforms, Adam Peterson
The Future Of Bail In California: Analyzing Sb 10 Through The Prism Of Past Reforms, Adam Peterson
Loyola of Los Angeles Law Review
The cash bail system is the cause of numerous injustices. It favors the rich over the poor, it packs jails to the breaking point, and it forces those who have yet to be found guilty to sit in jail—often for weeks or months at a time. In 2018, the California legislature passed SB 10. The bill purported to abolish cash bail wholesale and replace it with a risk assessment program. While SB 10 is a step in the right direction, it faces many obstacles before it accomplishes its goal. This Note examines the bill in light of past attempts at …
Suffocate Or Innovate: An Observation Of California's Regulatory Framework For Cryptocurrency, Jane Kim
Suffocate Or Innovate: An Observation Of California's Regulatory Framework For Cryptocurrency, Jane Kim
Loyola of Los Angeles Law Review
Transactions involving cryptocurrency are rapidly gaining traction in the United States, prompting the need for regulation. Hence, California legislators proposed the cryptocurrency regulation Assembly Bill 1123. However, based upon the outcome of a virtually identical regulation in New York, this proposed bill is theoretically projected to stifle business growth and potential innovation. This Article focuses on one approach to remedy this by advocating for reform at the federal level and recommending the utilization of the regulatory sandbox as a framework for future regulation.
Burning A Hole In The Pocket Of Justice: Prop. 66'S Underfunded Attempt To Fix California's Death Penalty, Flavia Costea
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 …
Weed Whacking Through The Tenth Amendment: Navigating A Trump Administration Threat To Withhold Funding From Marijuana-Friendly States, Arlen Gharibian
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.
Gun Rights Or Gun Control? How California's Waiting Period Law Can Pave The Way To Increased Regulation, Natasha Tran
Gun Rights Or Gun Control? How California's Waiting Period Law Can Pave The Way To Increased Regulation, Natasha Tran
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
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 …
Identity Crisis: The Misclassification Of California Uber Drivers, Benjamin Powell
Identity Crisis: The Misclassification Of California Uber Drivers, Benjamin Powell
Loyola of Los Angeles Law Review
The Uber ridesharing service is synonymous with the rise of mobile application-based services. This business model has spurred a number of novel legal questions, particularly surrounding the proper identification of Uber drivers. Are they employees, guaranteed the ample protections and workers' rights under California law? Or independent contractors, less subject to employer control, but without the same protections the State provides to employees? With the proliferation of these types of services, answering this question is of critical importance, both to current Uber drivers as well as the countless others who will enter this rapidly-developing field in the coming years. This …
Public Access Vs. Private Property: The Struggle Of Coastal Landowners To Keep The Public Off Their Land, James D. Donahue
Public Access Vs. Private Property: The Struggle Of Coastal Landowners To Keep The Public Off Their Land, James D. Donahue
Loyola of Los Angeles Law Review
No abstract provided.
The Falcon Cannot Hear The Falconer: How California's Initiative Process Is Creating An Untenable Constitution, Rudy Klapper
The Falcon Cannot Hear The Falconer: How California's Initiative Process Is Creating An Untenable Constitution, Rudy Klapper
Loyola of Los Angeles Law Review
Californians have always cherished the idea that ultimate political power lies in the people, an idea best represented by the state’s hugely influential initiative process. Today, however, that initiative power threatens to spiral out of control, thanks in large part to the California Supreme Court’s inability to construe appropriate limits on it. This has created an unbalanced government where the rights of minorities are easily circumscribed and the financial and political infrastructure of the state is in danger of buckling under the combined weight of dozens of initiatives. This Article argues that the judiciary’s haphazard interpretation of various rules and …
Remodeling Federal Medical Malpractice Act: A Possible Improvement To The Affordable Care Act, Nancy Kubasek, Tiffany Durham
Remodeling Federal Medical Malpractice Act: A Possible Improvement To The Affordable Care Act, Nancy Kubasek, Tiffany Durham
Loyola of Los Angeles Law Review
During the debates about healthcare reform, the Congressional Budget Office found that federal medical liability reform could drastically reduce federal budget deficits, yet political and legal scholars could not reach agreement about the best way for the Patient Protection and Affordable Care Act (PPACA) to provide such reform. Instead, provisions were made to fund state level demonstration projects. The law that is considered one of the most successful models to date of conventional tort reform is the Medical Injury Compensation Reform Act of California. This Article exams that legislation and discusses how we might use what can be learned from …
Fixing Hollingsworth: Standing In Initiative Cases, Karl Manheim, John S. Caragozian, Donald Warner
Fixing Hollingsworth: Standing In Initiative Cases, Karl Manheim, John S. Caragozian, Donald Warner
Loyola of Los Angeles Law Review
In Hollingsworth v. Perry, the Supreme Court dismissed an appeal filed by the “Official Proponents” of California’s Proposition 8, which banned same-sex marriage in California. Chief Justice Roberts’ majority opinion held that initiative sponsors lack Article III standing to defend their ballot measures even when state officials refuse to defend against constitutional challenges. As a result, Hollingsworth provides state officers with the ability to overrule laws that were intended to bypass the government establishment—in effect, an “executive veto” of popularly-enacted initiatives.
The Article examines this new “executive veto” in depth. It places Hollingsworth in context, discussing the initiative process …
A Hole In The Plastic Bag: Identifying And Closing The Loophole In The California Environmental Quality Act, Scott Menger
A Hole In The Plastic Bag: Identifying And Closing The Loophole In The California Environmental Quality Act, Scott Menger
Loyola of Los Angeles Law Review
No abstract provided.