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Articles 1 - 30 of 60
Full-Text Articles in Law
Preventing The Melting Of The Arctic Council: China As A Permanent Observer And What It Means For The Council And The Environment, Brianna Wodiske
Preventing The Melting Of The Arctic Council: China As A Permanent Observer And What It Means For The Council And The Environment, Brianna Wodiske
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
Liability In International Law And The Ramifications On Commercial Space Launches And Space Tourism, Caley Albert
Liability In International Law And The Ramifications On Commercial Space Launches And Space Tourism, Caley Albert
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
Birth Pangs: Greenland’S Struggle For Independence, Mina Said
Birth Pangs: Greenland’S Struggle For Independence, Mina Said
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
Ambiguity Defines The Npt: What Does “Manufacture” Mean?, David S. Jonas
Ambiguity Defines The Npt: What Does “Manufacture” Mean?, David S. Jonas
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
The Emerging Need For Hybrid Entities: Why California Should Become The Delaware Of "Social Enterprise Law", Ross Kelley
The Emerging Need For Hybrid Entities: Why California Should Become The Delaware Of "Social Enterprise Law", Ross Kelley
Loyola of Los Angeles Law Review
Recognizing the limitations and restraints posed on socially conscious for-profit organizations, several states have begun to develop a legislative model that blends attributes of traditional for-profit and not-for-profit entities into “hybrid” organizations. Chief among these states is California, which has emerged as a leader of this new social enterprise reform. California is the only state to allow a business to incorporate as a Benefit Corporation or a Flexible Purpose Corporation. Additionally, the state legislature has proposed a third type of hybrid entity—the Low-Profit Limited Liability Company. By addressing the limitations of the traditional corporate structure, California’s new hybrid entities afford …
Outed At School: Student Privacy Rights And Preventing Unwanted Disclosures Of Sexual Orientation, Evan Ettinghoff
Outed At School: Student Privacy Rights And Preventing Unwanted Disclosures Of Sexual Orientation, Evan Ettinghoff
Loyola of Los Angeles Law Review
Lesbian, gay, bisexual, transgender, and questioning (LGBTQ) individuals often identify their sexual orientation during their formative school years. During this time, they make important decisions about whether they will come out, to whom, and under what circumstances. However, some school officials have taken matters into their own hands, disclosing information about a student’s sexual orientation to parents or family members without the student’s permission, and without considering the student’s well-being and potential consequences at home. This Note explores a student’s constitutional right to privacy in their sexual orientation. It begins by examining the unique problems LGBTQ youth encounter while developing …
Fear And Loathing Of Class Action Arbitration, Or How To Dismiss The Effective Vindication Doctrine, Mark Bolin
Fear And Loathing Of Class Action Arbitration, Or How To Dismiss The Effective Vindication Doctrine, Mark Bolin
Loyola of Los Angeles Law Review
No abstract provided.
Departing From Seminole Rock Deference: In Decker, A Shift In Tide, Benjamin Clements
Departing From Seminole Rock Deference: In Decker, A Shift In Tide, Benjamin Clements
Loyola of Los Angeles Law Review
No abstract provided.
Adoptive Couple V. Baby Girl: The Supreme Court's Distorted Interpretation Of The Indian Child Welfare Act Of 1978, Jessica Di Palma
Adoptive Couple V. Baby Girl: The Supreme Court's Distorted Interpretation Of The Indian Child Welfare Act Of 1978, Jessica Di Palma
Loyola of Los Angeles Law Review
No abstract provided.
Comcast Corp. V. Behrend: Common Questions Versus Individual Answers—Which Will Predominate?, Daniel Jacobs
Comcast Corp. V. Behrend: Common Questions Versus Individual Answers—Which Will Predominate?, Daniel Jacobs
Loyola of Los Angeles Law Review
No abstract provided.
Free To Retaliate: A Plaintiff Must Show Retaliation Is The Only Motivation For An Employer's Retaliatory Action, Sansan Lin
Loyola of Los Angeles Law Review
No abstract provided.
Failing To Keep "Easy Cases Easy": Florida V. Jardines Refuses To Reconcile Inconsistencies In Fourth Amendment Privacy Law By Instead Focusing On Physical Trespass, George M. Dery Iii
Failing To Keep "Easy Cases Easy": Florida V. Jardines Refuses To Reconcile Inconsistencies In Fourth Amendment Privacy Law By Instead Focusing On Physical Trespass, George M. Dery Iii
Loyola of Los Angeles Law Review
This Article analyzes Florida v. Jardines, in which the Supreme Court ruled that a canine sniff of a home from the front porch was a Fourth Amendment search. In reaching this ruling, the Court employed the property-rights definition of a search newly recovered the prior term in United States v. Jones instead of applying the reasonable expectation of privacy test created in Katz v. United States. This work examines the concerns created by Jardines’s ruling. This Article asserts that Jardines refused to resolve a potentially troubling incongruity between Kyllo v. United States, precedent that exalted the privacy of the home, …
"Amorphous Federalism" And The Supreme Court's Marriage Cases, David B. Cruz
"Amorphous Federalism" And The Supreme Court's Marriage Cases, David B. Cruz
Loyola of Los Angeles Law Review
This Article addresses the U.S. Supreme Court’s decisions in Hollingsworth v. Perry and United States v. Windsor, the two cases in the October 2012 Term that took up issues of marriage rights of same-sex couples. After Part I of the Article provides a brief Introduction, Part II examines the Supreme Court’s opinion in Perry. It summarizes the litigation; teases out divergent views of the relevance of federalism for the Court’s standing ruling in the case; identifies the problematic constitutional underpinnings of the Perry dissenters’ views of federal court standing, which rely on an unjustified constitutional privileging of initiative lawmaking; and …
Foreword: The Confident Court, Jennifer Mason Mcaward
Foreword: The Confident Court, Jennifer Mason Mcaward
Loyola of Los Angeles Law Review
No abstract provided.
The Ties That Bind: Reevaluating The Role Of Legal Presumptions Of Paternity, Heather Kolinsky
The Ties That Bind: Reevaluating The Role Of Legal Presumptions Of Paternity, Heather Kolinsky
Loyola of Los Angeles Law Review
As Justice Brennan observed in Michael H. v. Gerald D. so many years ago, we must “identify the point at which a tradition becomes firm enough to be relevant to our definition of liberty and the moment at which it becomes too obsolete to be relevant any longer.” This Article addresses one such tradition, the legal presumption of paternity, and examines it through the lens of equal protection, the changing roles of fatherhood, and the evolution of marriage. The concept of who is a parent must change to both satisfy equal protection as well as modern scientific and societal realties. …
Seek Justice, Not Just Deportation: How To Improve Prosecutorial Discretion In Immigration Law, Erin B. Corcoran
Seek Justice, Not Just Deportation: How To Improve Prosecutorial Discretion In Immigration Law, Erin B. Corcoran
Loyola of Los Angeles Law Review
Bipartisan politics has prevented meaningful reform to a system in dire need of solutions: immigration. Meanwhile, there are eleven million noncitizens with no valid immigration status that currently reside in the United States, and the Department of Homeland Security (DHS) does not have the necessary resources to effect their removal. DHS does have the authority through prosecutorial discretion to prioritize these cases and provide relief to individuals with compelling circumstances that warrant humanitarian consideration; nonetheless, DHS’s exercise of prosecutorial discretion is underutilized, inconsistently applied, and lacks transparency. This Article suggests a remedy—that the immigration prosecutor’s role should be redefined to …
Limiting The "Unlimited" Scope Of 18 U.S.C. § 3661: Defining The Reach Of The Sentencing Courts' Discretionary Powers, Jonevin Sabado
Limiting The "Unlimited" Scope Of 18 U.S.C. § 3661: Defining The Reach Of The Sentencing Courts' Discretionary Powers, Jonevin Sabado
Loyola of Los Angeles Law Review
No abstract provided.
Full Court Press: Northwestern University, A New Challenge To The Ncaa, William B. Gould Iv, Glenn M. Wong, Eric Weitz
Full Court Press: Northwestern University, A New Challenge To The Ncaa, William B. Gould Iv, Glenn M. Wong, Eric Weitz
Loyola of Los Angeles Entertainment Law Review
In recent years, a host of issues have arisen between the National Collegiate Athletic Association (NCAA) and the college athletes who provide the labor from which the NCAA and its member universities derive their profits. Many of these issues have been heavily publicized and have spurred a heated debate over the status of college athletes and the future of the collegiate athletic system. This Article primarily focuses on the issue of college athletes’ status as employees for purposes of federal labor law. The significant increase in the popularity of college sports in recent years has led to conference realignment, facility …
Investors Beware: How California Municipalities Get Away With Defrauding Investors After Nuveen Municipal High Income Opportunity Fund V. City Of Alameda, Allan Gustin
Loyola of Los Angeles Law Review
No abstract provided.
A Blunder Of Supreme Propositions: General Jurisdiction After Daimler Ag V. Bauman, Kaitlin Hanigan
A Blunder Of Supreme Propositions: General Jurisdiction After Daimler Ag V. Bauman, Kaitlin Hanigan
Loyola of Los Angeles Law Review
No abstract provided.
Curing The Mass Tort Settlement Malaise, Noah Smith-Drelich
Curing The Mass Tort Settlement Malaise, Noah Smith-Drelich
Loyola of Los Angeles Law Review
To settle the thousands of claims arising from the defective painkiller Vioxx, Merck Pharmaceuticals brokered an agreement, not with the Vioxx plaintiffs but with their lawyers. This agreement required the plaintiffs’ lawyers to recommend settlement to all of their clients and to withdraw if any of those clients declined: plaintiffs’ lawyers could either settle all of their claims or none. Through this unusual arrangement, made without the involvement of the plaintiffs and outside of any formal judicial supervision, Merck was able to craft a favorable settlement group that mimicked a Rule 23 class. This Article explores the Vioxx Agreement as …
Employers Know Best? The Application Of Workplace Restraining Orders To Domestic Violence Cases, Njeri Mathis Rutledge
Employers Know Best? The Application Of Workplace Restraining Orders To Domestic Violence Cases, Njeri Mathis Rutledge
Loyola of Los Angeles Law Review
Domestic violence is often thought of as a private matter that occurs within the home. But when domestic violence impacts the workplace, employers are faced with a difficult choice: they must consider employee productivity and safety, as well as company finances, while also balancing the safety and needs of the domestic violence victim. Ultimately, employers may turn to workplace restraining orders to protect their employees from an abuser. Sometimes, employers consult the victim of domestic violence before seeking a restraining order; other times, employers do not. This Article addresses workplace restraining order legislation and argues that states should adopt a …
Revenge Porn, State Law, And Free Speech, Paul J. Larkin Jr.
Revenge Porn, State Law, And Free Speech, Paul J. Larkin Jr.
Loyola of Los Angeles Law Review
The ease of access to the Internet, coupled with the modern practice of sharing intimate digital photos between lovers, has given rise to a disturbing new trend known colloquially as “revenge porn”—that is, the nonconsensual posting of images that were originally given to another with the implied expectation of confidentiality. That act involves a deep personal betrayal and can inflict serious emotional damage on the person whose image has been shared, sometimes resulting in grave consequences to the victim. And once those images reach the Internet, they are often circulated widely; the victims retain no control over who may view …
C.A. V. Williams S. Hart Union School District: California's Shift In Vicarious Liability Leaves School Districts With No Protection, Catherine Blumenfeld
C.A. V. Williams S. Hart Union School District: California's Shift In Vicarious Liability Leaves School Districts With No Protection, Catherine Blumenfeld
Loyola of Los Angeles Law Review
No abstract provided.
The (Un)Informed Use Of Credit: The Need To Clarify Consumers' Right Of Rescission Under The Truth In Lending Act, Alan Ritchie
The (Un)Informed Use Of Credit: The Need To Clarify Consumers' Right Of Rescission Under The Truth In Lending Act, Alan Ritchie
Loyola of Los Angeles Law Review
Currently, over 1 million properties in the United States are in some stage of foreclosure. Although foreclosure rates have decreased in recent years, they remain significantly higher than pre-lending-crisis rates, revealing that foreclosure is relatively commonplace in the current housing market. As such, consumers increasingly rely on consumer protection laws to provide security against the threat of foreclosure and unfair credit practices. The Federal Truth in Lending Act (TILA) was enacted to assure meaningful disclosure of credit and finance terms in consumer credit transactions. Among the various remedies available under TILA, consumers have the right to rescind the entire credit …
The Computer Fraud And Abuse Act: As Conflict Rages On, The United States V. Nosal Ruling Provides Employers Clear Guidance, Ryan E. Dosh
The Computer Fraud And Abuse Act: As Conflict Rages On, The United States V. Nosal Ruling Provides Employers Clear Guidance, Ryan E. Dosh
Loyola of Los Angeles Law Review
No abstract provided.
Taxing Reality: Rethinking Partnership Distributions, Andrea Monroe
Taxing Reality: Rethinking Partnership Distributions, Andrea Monroe
Loyola of Los Angeles Law Review
Partnerships play an increasingly vital role in the federal income tax. Yet partnership taxation is deeply flawed, with complicated provisions that strain the voluntary compliance mechanism on which all federal income tax relies. This Article considers one of the most difficult challenges facing partnership taxation: the treatment of distributions. Distributions are ubiquitous transactions that transfer cash or property from a partnership to a partner. Although distributions vary dramatically in their purpose and the kind of property involved, their tax treatment follows a unitary approach. The principle of “nonrecognition” means that distributions do not produce any immediate tax consequences. This nonrecognition …
Copyright's Vicious Triangle: Returning Author Protections To Their Rational Roots, Robert Shepard
Copyright's Vicious Triangle: Returning Author Protections To Their Rational Roots, Robert Shepard
Loyola of Los Angeles Law Review
Copyright protections encourage the production of intellectual property by temporarily restricting free public access, a constitutional design that Justice Stephen Breyer has called a “two-edged sword.” Yet, the Copyright Clause really enshrines a triangular relationship among authors, consumers, and commodifiers, a third constituency that has always interposed itself between author-creators and consumer end-users. Though the Copyright Triangle is nothing new, a fundamental reordering of these constituencies is in progress, with digital commodifiers such as Google assuming a dominant role. Though they sometimes proclaim themselves champions of free public access to culture, these commodifiers have instead aggrandized themselves at the expense …
Do Ask, Do Tell: California's Spousal Fiduciary Duty And Financial Disclosure Obligations, Lauren Rakow
Do Ask, Do Tell: California's Spousal Fiduciary Duty And Financial Disclosure Obligations, Lauren Rakow
Loyola of Los Angeles Law Review
This Note explores the inconsistencies between the Family Code and the Corporations Code about whether spouses are required to disclose material information. These inconsistencies have created uncertainty regarding what financial information must be disclosed between spouses, and whether it must be disclosed “upon request” or “without demand.” The Note first analyzes the history of both Family Code Section 721 and Corporations Code Sections 16403, 16404, and 16405 to better understand the uncertainty, and offers a solution to remedy the statutory inconsistencies. The Note concludes that in order to eliminate this uncertainty, the California legislature should amend Family Code Section 721 …