Law Commons^™

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 …

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.

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.

The Nudging Ballot? A Response To Professor Foley, Lisa Marshall Manheim

Articles

In a response to Professor Edward Foley's The Speaking Ballot: A New Way to Foster Equality of Campaign Discourse [89 N.Y.U. L. Rev. Online 52 (2014)], Professor Manheim notes that "the speaking ballot may, in fact, affect elections, that influence may be due less to a flourishing of informed and reasoned debate and more to the exploitation of subtle forms of voter manipulation." She raises questions about the decisions faced by election officials on candidate photographs and videos and timing of updated videos. She concludes: "In short, Professor Foley, through his call for the facilitation, rather than the limitation, of …

Renewable Energy: Where We Are Now And How Renewable Energy Investment And Development Can Be Expanded, Kevin M. Walsh

University of Miami Business Law Review

No abstract provided.

Mandating The Supersize Option: The Legality Of Government Intervention In The Fast Food Industry To Address Insufficient Wages And Close The Public Assistance Gap, Joshua A. Berman

University of Miami Business Law Review

Several prominent studies have recently highlighted how the federal government tacitly subsidizes insufficient wages paid in certain industries–notably, major corporations within the fastfood sector. Historically, the government addressed insufficient wages by implementing a minimum standard-of-living wage. Since the New Deal inception of this remedy, the Judiciary has regularly upheld the minimum wage in the face of challenges to its constitutionality. Given the recent passage of a substantial increase in the minimum wage and the toxic political cloud hovering over the United States Congress, President Obama likely will have a difficult time in passing another increase, as he has promised since …

Molly And The Crack House Statute: Vulnerabilities Of A Recuperating Music Industry, Jacob A. Epstein

University of Miami Business Law Review

The normalcy of “club drug” use in today’s live music culture makes concert promoters and venue managers particularly vulnerable to prosecution under the “crack-house statute,” 21 U.S.C. § 856. Section 856(a)(2) makes it illegal for a promoter or venue manager to “manage any place . . . and knowingly and intentionally . . . profit from, or make available for use . . . the place for the purpose of unlawfully manufacturing, storing, distributing, or using a controlled substance.” In United States v. Tebeau, the Eighth Circuit Court of Appeals held that third parties could satisfy the statute’s “intent” requirement. …

National Airline Policy, Timothy M. Ravich

University of Miami Business Law Review

No abstract provided.

Where Are We At? The Illinois Constitution After Forty-Five Years, 48 J. Marshall L. Rev. 1, Ann M. Lousin

UIC Law Open Access Faculty Scholarship

No abstract provided.

A Surprise: Montana's Mental Health Provider Privileges, Or Lack Thereof, Cynthia Ford

Faculty Journal Articles & Other Writings

No abstract provided.

Miller'S Promise: Re-Evaluating Extreme Criminal Sentences For Children, Nick Straley

Washington Law Review

Scientific, legal, and societal notions about youth have come together to reaffirm an age-old concept—children are different and they change as they grow older. In recent decisions, the United States Supreme Court has required courts and legislatures to take a new look at extreme criminal sentences imposed upon children. Life without parole sentences and decades-long, determinate sentences are constitutionally suspect when applied to children because they fail to adequately account for the dynamism of youth. Miller v. Alabama and Graham v. Florida announced two important principles: (1) that an extreme sentence can only be imposed upon a child following an …

Dynamic Federalism And Wind Farm Siting, H. Brendan Burke

North Carolina Journal of Law & Technology

No abstract provided.

The Trans-Pacific Partnership: Experimental Use Of Patents On The International Agenda, Ofer Tur-Sinai

North Carolina Journal of Law & Technology

No abstract provided.

Nondiscrimination In Insurance: The Next Chapter, Mary L. Heen

Law Faculty Publications

Modern federal civil rights legislation prohibits race and gender discrimination in many important sectors of the American economy, including employment, education, public accommodations, housing, and credit. No comparable comprehensive federal civil rights legislation bans race and gender discrimination in the business of insurance-a business at the core of legal and social organization, culture, and finance. Why not?

Rethinking The Timing Of Capital Clemency, Adam M. Gershowitz

Faculty Publications

This Article reviews every capital clemency over the last four decades. It demonstrates that in the majority of cases, the reason for commutation was known at the conclusion of direct appeals—years or even decades before the habeas process ended. Yet when governors or pardon boards actually commuted the death sentences, they typically waited until the eve of execution, with only days or hours to spare. Leaving clemency until the last minute sometimes leads to many years of unnecessary state and federal habeas corpus litigation, and this Article documents nearly 300 years of wasted habeas corpus review. Additionally, last-minute commutations harm …

Reverse Cross-Listings - The Coming Race To List In Emerging Markets And An Enhanced Understanding Of Classical Bonding, Nicholas C. Howson, Vikramaditya Khanna

Articles

Studies have found that when a U.S. issuer lists abroad on a foreign exchange, its shares exhibit negative abnormal returns. This negative movement may be because the market expects that the foreign listing will facilitate undetectable insider trading on the foreign exchange or other conduct impermissible in the United States.

Attorney Competence In An Age Of Plea Bargaining And Econometrics, Jeffrey Bellin

Faculty Publications

This Essay explores the concept of attorney competence in a criminal justice system dominated by plea bargaining. It focuses, in particular, on the results of a widely-reported empirical study of Philadelphia murder cases that found “vast” differences in legal outcomes based on the type of defense attorney assigned to the case. The first part of the Essay explores the implications of these empirical findings, which appear to stem from a counter-intuitive form of professional competence, persistence in convincing one’s client to plead guilty. The findings are particularly intriguing in light of the Supreme Court’s recent expansion of ineffective assistance of …

An Ntsb For Capital Punishment, Adam M. Gershowitz

Faculty Publications

When a fatal traffic accident happens, we expect the local police and prosecutors to handle the investigation and criminal charges. When afatal airplane crash occurs, however, we turn instead to the National Transportation Safety Board (NTSB). The reason is that air crashes are complicated and the NTSB has vast expertise. Without that expertise, investigations falter. We need look no further than the mess made by Malaysian authorities in the search for Flight 370 to see the importance of expertise in handling complicated investigations and processes. It is easy to point to a similar series of mistakes by local prosecutors and …

Future Of The Fourth Amendment: The Problem With Privacy, Poverty And Policing, Kami Chavis Simmons

Faculty Publications

For decades, the reasonable expectation of privacy has been the primary standard by which courts have determined whether a "search" has occurred within the meaning of the Fourth Amendment. The Supreme Court's recent decision in U.S. v. Jones, however, has reinvigorated the physical trespass doctrine's importance when determining whether there has been a "search" triggering constitutional protection. Recognizing the unpredictability of the reasonable expectation of privacy doctrine and that doctrine's bias against the urban poor, many scholars hope that the Jones opinion may ameliorate the class divide that has developed in Fourth Amendment jurisprudence.

This Article argues that while …

Justifying A Prudential Solution To The Williamson County Ripeness Puzzle, Katherine Mims Crocker

Faculty Publications

No abstract provided.

For The Love Of The Game: The Case For State Bans On Youth Tackle Football, Adam Bulkley

University of Michigan Journal of Law Reform Caveat

This football season, millions of Americans enjoying their favorite pastime might feel pangs of a guilty conscience. Years of scientific research into the long-term neurological effects of tackle football and a recent settlement between the National Football League (NFL) and thousands of retired NFL players have made football-related traumatic brain injuries (TBI) a topic of national conversation. Current and former NFL players and even President Obama have participated in the conversation, saying that they would hesitate to let their sons play the game for fear of possible brain injury. Because research has uncovered signs of permanent brain damage in players …

Title Page

South Carolina Law Review

No abstract provided.

Table Of Contents

South Carolina Law Review

No abstract provided.

Family Unity Revisited: Divorce, Separation, And Death In Immigration Law, Albertina Antognini

South Carolina Law Review

No abstract provided.

Pennies On The Dollar: Reallocating Risk And Deficiency Judgement Liability, Kristen Barnes

South Carolina Law Review

No abstract provided.

Profile - The Jewish Reconstructionist Congregation, Evanston, Illinois, James Hagy, Carlee Cooper

Rooftops Project

A religious congregation envisions a new building better suited to its needs than its existing facility. But the location is perfect at its present suburban property. How might it start over while also observing green design principles? Rooftops Project team member Carlee Cooper and Professor James Hagy tour the new home of the Jewish Reconstructionist Congregation in Evanston, Illinois, with Michael Ross of Ross Barney Architects. It is the first place of worship in the United States to receive a LEED Platinum designation.

F14rs Sgr No. 36 (Billiard Space), Lassus

Student Senate Enrolled Legislation

A RESOLUTION

To urge and request LSU Auxiliary Services to allow LSU University Recreation to temporarily utilize the former billiards space in the LSU Student Union

F14rs Sgr No. 37 (Lsu Mobile App), Terrebonne, Koke, Alexandra De Gravelle

Student Senate Enrolled Legislation

A RESOLUTION

To urge and request LSU Information Technologies to redesign the LSU Mobile app

F14rs No. 39 (Plus-Minus Grading), Adam Grashoff

Student Senate Enrolled Legislation

A RESOLUTION

To reaffirm LSU Student Government’s position of opposition toward the proposed Suffix Grading System and to urge and request President and Chancellor Dr. F. King Alexander to not approve the Faculty Senate’s proposed Plus/Minus Grading Guidelines.

F14rs Sgr No. 35 (Greek Recycling), M Boudreaux

Student Senate Enrolled Legislation

A RESOLUTION

To Urge and Request the Office of Campus Affairs and Sustainability to provide recycling bins for all participating greek houses.