Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Loyola Marymount University and Loyola Law School

Discipline
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 1 - 30 of 3505

Full-Text Articles in Law

Why The Protect Working Musicians Act's Proposed Antitrust Exemption Needs To Be Enacted, Olivia Finlayson May 2024

Why The Protect Working Musicians Act's Proposed Antitrust Exemption Needs To Be Enacted, Olivia Finlayson

Loyola of Los Angeles Entertainment Law Review

No abstract provided.


Ncaa Enactment Of A Disciplinary Policy: Uniformity To Regain Institutional Legitimacy, Matteson Landau May 2024

Ncaa Enactment Of A Disciplinary Policy: Uniformity To Regain Institutional Legitimacy, Matteson Landau

Loyola of Los Angeles Entertainment Law Review

This article examines issues surrounding decentralized disciplinary systems and inconsistent enforcement against student-athletes who engage in criminal misconduct across the National Collegiate Athletic Association (“NCAA”). The NCAA recognizes the inherent conflicts of interest that arise when institutions are left to regulate their own recruiting practices. To negate these conflicts, the NCAA has established a robust disciplinary system, the NCAA Committee on Infractions, which oversees investigations into violations of NCAA Bylaws, reviews materials provided by the athlete and/or institution, and issues binding rulings which may include suspensions and fines. Yet the NCAA fails to see how the same conflict issues arise …


The Deception Of Student Athlete Protection: The Failures Of The Miller-Ayala Athlete Agents Act In The Age Of Nil, Matthew R. Hand Apr 2024

The Deception Of Student Athlete Protection: The Failures Of The Miller-Ayala Athlete Agents Act In The Age Of Nil, Matthew R. Hand

Loyola of Los Angeles Entertainment Law Review

No abstract provided.


The Kids Are Not Alright: A Look Into The Absence Of Laws Protecting Children In Social Media, Libby Morehouse Apr 2024

The Kids Are Not Alright: A Look Into The Absence Of Laws Protecting Children In Social Media, Libby Morehouse

Loyola of Los Angeles Entertainment Law Review

No abstract provided.


Case Of The "Caracazo" V. Venezuela, Douglas Clark Mar 2024

Case Of The "Caracazo" V. Venezuela, Douglas Clark

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.


What's Said In The Booth Never Stays In The Booth: A Comparative Analysis Of The Use Of Rap Lyrics In American And English Criminal Trials, Yekaterina Shrayber Mar 2024

What's Said In The Booth Never Stays In The Booth: A Comparative Analysis Of The Use Of Rap Lyrics In American And English Criminal Trials, Yekaterina Shrayber

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.


Contreras Et Al. V. El Salvador, Cristina Tenorio Mar 2024

Contreras Et Al. V. El Salvador, Cristina Tenorio

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.


Moya Chacón Et Al. V. Costa Rica, Gursimran Bhullar Mar 2024

Moya Chacón Et Al. V. Costa Rica, Gursimran Bhullar

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.


Pavez Pavez V. Chile, Rachana Reddi Mar 2024

Pavez Pavez V. Chile, Rachana Reddi

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.


Demand-Side Disarmament: Or How I Learned To Deter The Bomb, James J. Bernstein Mar 2024

Demand-Side Disarmament: Or How I Learned To Deter The Bomb, James J. Bernstein

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.


García Asto And Ramírez Rojas V. Peru, Celene Afari Mar 2024

García Asto And Ramírez Rojas V. Peru, Celene Afari

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.


Duque V. Colombia, Alondra Gonzalez Mar 2024

Duque V. Colombia, Alondra Gonzalez

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.


Corruption And Competition: The Wrong Goal In Football, Melody Mohammadi Mar 2024

Corruption And Competition: The Wrong Goal In Football, Melody Mohammadi

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.


The Proof Is In The Data: How Ethereum And Efficient Audits Can Reduce Litigation In The Streaming Era, Keri Ogden Dec 2023

The Proof Is In The Data: How Ethereum And Efficient Audits Can Reduce Litigation In The Streaming Era, Keri Ogden

Loyola of Los Angeles Entertainment Law Review

No abstract provided.


Getting A Handle On The Taxation Of Sports Betting, Samuel Craig Dec 2023

Getting A Handle On The Taxation Of Sports Betting, Samuel Craig

Loyola of Los Angeles Entertainment Law Review

Sports betting is not merely a 21st century novelty; however, recent legislative and societal changes have allowed sports betting to bloom into a widespread phenomenon in America. The rapid emergence of sports betting in American life has caused states to react with legislation ranging from full-stop bans to partnerships with sportsbooks to capitalize on this lucrative and newly legal activity. While plenty of discussion can be found regarding the social and political considerations of legalizing gambling and related activities, no comprehensive legal scholarship has focused specifically on the taxation of sports betting. Sports betting exists in a relatively unique position …


Global Trade, Wto, Labor Arbitrage, American Workers And National Security—The Need For A U.S. Industrial Policy, Charles W. Murdock Nov 2023

Global Trade, Wto, Labor Arbitrage, American Workers And National Security—The Need For A U.S. Industrial Policy, Charles W. Murdock

Loyola of Los Angeles International and Comparative Law Review

The COVID-19 pandemic has exposed some of the problems in the current pattern of global trade, particularly with respect to supply chain disruptions. To understand the current status of global trade, it is helpful to understand the confluence of four seemingly disparate developments: (1) Ricardo’s theory of comparative advantage in the early 1800s; (2) the rebuilding in the late 40s and 50s of our former adversaries—Japan and Germany—into export based economies; (3) the modification of capitalism in the 1980s to focus upon maximizing shareholder value; and (4) the rise of China as an economic and military powerhouse, facilitated initially by …


National Legal Models To Regulate Scrubbers Washwater, Shams Al Din Al Hajjaji Nov 2023

National Legal Models To Regulate Scrubbers Washwater, Shams Al Din Al Hajjaji

Loyola of Los Angeles International and Comparative Law Review

According to the findings of this study, nations should adopt uniform regulations regarding the discharge of washwater from exhaust gas cleaning systems into their ports, territories, and Exclusive Economic Zones. Scrubbers are used by ships to reduce their emissions of greenhouse gases so they can adhere to the International Maritime Organization’s limit on the sulfur content of ship fuel. The global upper limit was 0.5% in January 2020. Scrubber washwater is discharged into the ocean by ships. Toxic substances are present in the washwater for the scrubbers. The level of washwater for the scrubbers is governed by the 2008 and …


Waking Sleeping Beauty? Exploring The Challenges Of Cyber-Deterrence By Punishment, Thibault Moulin Apr 2023

Waking Sleeping Beauty? Exploring The Challenges Of Cyber-Deterrence By Punishment, Thibault Moulin

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.


Damage To Reputation: A Comparative Analysis Of Pecuniary Compensation For Non-Pecuniary Harm, Frank S. Giaoui Mar 2023

Damage To Reputation: A Comparative Analysis Of Pecuniary Compensation For Non-Pecuniary Harm, Frank S. Giaoui

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.


Women’S Voices From History: Gond Rani Durgawati And Rani Lakshmibhai, Nandini Sengupta, Moupia Basu Jan 2023

Women’S Voices From History: Gond Rani Durgawati And Rani Lakshmibhai, Nandini Sengupta, Moupia Basu

Monsoon: South Asian Studies Association Journal

Two strong women are compared and contrasted in this article. Gond Rani Durgawati (1524-1564) led a resistance movement in Jabalpur against the Mughal rule of Akbar. Rani Lakshmibai (1828-1858) organized the people of Jhansi against Sir Hugh Rose, an officer defending the interests of the British East India Company. Both women continue to be remembered for their bravery and their loyalty to the people they ruled.


An Examination Of Gandhian Economic And Political Thought And Its Relevance To The Empowerment Of Women, Purnima Mehta Bhatt Jan 2023

An Examination Of Gandhian Economic And Political Thought And Its Relevance To The Empowerment Of Women, Purnima Mehta Bhatt

Monsoon: South Asian Studies Association Journal

Mahatma Gandhi (1869-1948) sought to alleviate poverty and empower women. His commitment to nonviolence and the economic ideal of “small is beautiful” continue to inspire grassroots movements around the globe. This article discusses the Chipko movement of northern India, the protection of rain forests in Kerala’s Silent Valley, the Self Employed Women’s Association (SEWA), and Medha Patkar’s valiant though ultimately futile attempt to save the Narmada River from a massive government damming project. The ongoing legacy of these movements can be found in AWAG, the Ahmedabad Women’s Action Group and Women’s Shanti Sena (Peace Force).


Identites Of Women In Indian Art And History, Nalini Rao Jan 2023

Identites Of Women In Indian Art And History, Nalini Rao

Monsoon: South Asian Studies Association Journal

The stereotypical image of Indian women portrayed in the art of stone sculpture is often interpreted as images of beauty that are sensuous, religious as well depict social life. There are historical reasons for depicting her as such. This paper inquires into the changing depiction and social forces that influenced feminine imagery. This paper examines the portrayal of beauty through idealization of female body which has evolved over the centuries in India. It also aims to understand their changing status and explores issues of feminine identity, status, and empowerment largely in ancient and medieval India. It also provides a brief …


The Digital Dilemma: Counterfeit Culture And Brand Protection Reform In The E-Commerce Era, Ani Khachatryan Jan 2023

The Digital Dilemma: Counterfeit Culture And Brand Protection Reform In The E-Commerce Era, Ani Khachatryan

Loyola of Los Angeles Entertainment Law Review

In recent decades, the Internet’s growth has revolutionized the modern shopping experience. With the rise of e-commerce platforms, consumers can now instantly access thousands of products. Unfortunately, the ease of online shopping has also supported the development of counterfeit culture and fueled a coinciding increase in trademark infringement. Furthermore, given the expected expansion of e-commerce, brand identity conveys substantial value in online marketplaces. This backdrop, coupled with a surge in trademark litigation since Tiffany v. eBay, demonstrates the importance of trademark reform. The current framework for assessing trademark infringement in e-commerce settings disproportionately burdens small businesses, and this Comment …


E.T. Phone Home: Can Hollywood's Big Break Include Fixing Environmental Carnage And Human Rights Violations From Co-Productions, Haley N. Carson Jan 2023

E.T. Phone Home: Can Hollywood's Big Break Include Fixing Environmental Carnage And Human Rights Violations From Co-Productions, Haley N. Carson

Loyola of Los Angeles Entertainment Law Review

With the continuous rise of globalization and the interconnectivity of nations, co-productions are becoming the new “hit” for movies and shows. When two or more foreign nations come together for entertainment purposes, co-productions are formed. How do these nations join forces for “movie magic?” Big brother film commissions, such as the Association of Film Commissioners International and the European Convention on Cinematographic Co-Production, aid in the facilitation of co-productions.

While consumers are unaware of the details and fine-print behind these co-productions, watchers might be surprised to learn that more than one-third of Hollywood’s productions are being produced abroad. Although these …


Cassandra's Curse Or Cassandra's Triumph: Three Tales Of Intellectual Property Revised, Mira Moldawer Jan 2023

Cassandra's Curse Or Cassandra's Triumph: Three Tales Of Intellectual Property Revised, Mira Moldawer

Loyola of Los Angeles Entertainment Law Review

Cassandra’s curse, which assured that her prophesies will come true, but that no one would ever believe her, evokes three major predictions in regard to Intellectual Property in the information era. First, the information era requires no “Law of the Horse”, as phrased by Judge Easterbrook, as a sound law of intellectual property be applicable to digital technologies as well, instead of creating new law for every new step in technology’s evolution. Secondly, Lessig’s seminal “code is law” reframed this dilemma, in reference to private conglomerates versus legislative authority. Thirdly, John Perry Barlow, in his ʻDeclaration of the Independence of …


Explicit Lyrics: The First Amendment Free Speech Rulings That Have Protected Against Music Censorship In The United States, Eric T. Kasper Jan 2023

Explicit Lyrics: The First Amendment Free Speech Rulings That Have Protected Against Music Censorship In The United States, Eric T. Kasper

Loyola of Los Angeles Entertainment Law Review

As noted by the U.S. Supreme Court in Ward v. Rock Against Racism (1989), calls for music censorship are at least as old as Plato’s Republic. Attempts to punish artists for their music continue across the globe to the present day. In the United States, these attempts have been thwarted by key Court precedents on incitement (Brandenburg v. Ohio, 1969), true threats (Watts v. United States, 1969), profanity (Cohen v. California, 1971), and obscenity (Miller v. California, 1973). None of these precedents dealt with music, but after Southeastern Promotions, Ltd. v. …


Constructing Jain Goddess Padmavātī In Gujarati Literature, Venu Mehta Jan 2023

Constructing Jain Goddess Padmavātī In Gujarati Literature, Venu Mehta

Monsoon: South Asian Studies Association Journal

Worship of the goddess Padmāvatī emerged more than a thousand years ago. This article explores three songs about her in Gujarati by Paṇḍit Vīrvijayajī (1773-1852). By analyzing the style and form of his work, one learns a great deal about devotional liturgies that commemorate goddess Padmāvatī’s protection of the Jina Pārśvanātha and, in turn, his protection of her.


Indigenous Stitch-Arts Of India: Tradition And Revival In A Global Age, Punam Madhok Jan 2023

Indigenous Stitch-Arts Of India: Tradition And Revival In A Global Age, Punam Madhok

Monsoon: South Asian Studies Association Journal

Stitch art allows for the creative expression and economic support of countless women throughout India. This article examines four notable styles: chikankari, flora and fauna stitched in white thread on fine white cotton, rabari, the stitching of mirrors into colorful cloth, phulkari, resplendent flowery motifs sewn into shawls in Punjab, and kantha, Bengali patch work yielding quilts and seating mats. In addition to describing each technique, this article discusses how women have been economically empowered through this art by such organizations as Self-Help Enterprise (SHE) in Kolkata and Adithi, a women’s cooperative, in Bihar.


Editor’S Note, Deepak Shimkhada Jan 2023

Editor’S Note, Deepak Shimkhada

Monsoon: South Asian Studies Association Journal

This special issue of Monsoon is dedicated to the studies honoring the goddess traditions in South Asia. The onset of the Monsoon Season in South Asia typically commences in June and continues until late August and early September. The publication of this issue, therefore, has been strategically timed to coincide with that season, which is a vital source of sustenance for millions of individuals in this part of the world. This anthology consisting of five papers—written by scholars with expertise in the field of goddess and women studies—speak unequivocally about the goddesses or women for their strength, beauty, wisdom, and …


Mai Bhago And Amrita Devi Bishnoi: Women Of Strength, Sowmya Ayyar Jan 2023

Mai Bhago And Amrita Devi Bishnoi: Women Of Strength, Sowmya Ayyar

Monsoon: South Asian Studies Association Journal

Mai Bhago (1670-1720), also known as Bhag Kaur, distinguished herself on the battlefield to defend the Sikh faith. Amrita Devi Bishnoi (d. 1730) is said to have sacrificed her life with 362 others to protect the Khejari trees in the Rajasthan desert. Both women continue to inspire social justice and ecological activism.