Law Commons^™

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.

Loyola of Los Angeles Law Review

No abstract provided.

Obscured Boundaries: Dimaya's Expansion Of The Void-For-Vagueness Doctrine, Katherine Brosamle

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

Loyola of Los Angeles Law Review

No abstract provided.

When Sports Stand Against Human Rights: Regulating Restrictions On Athlete Speech In The Global Sports Arena, Faraz Shahlaei

Loyola of Los Angeles Entertainment Law Review

Even after the International Olympic Committee’s quick and harsh response to the “black power salute” in the 1968 Olympic Games— positing that the apolitical Olympic Games were not a suitable venue for domestic political statements—athletes continued using their platform to protest human rights violations. Should such conduct be allowed? Are athletes entitled to display their political opinions on the field? Or should athletic organizations be allowed to regulate their athletes’ protests and political speech in the arena? On the one hand, freedom of speech is a fundamental human right. On the other, sports have a long history of remaining apolitical—limiting …

Santopietro V. Howell's Misstep And The Need To Correct The Preventable Adverse Impact Of Vendor Licensing Laws On Street Performers' Expressive Conduct, Stephen Touchton

Loyola of Los Angeles Entertainment Law Review

Street performers and artists who engage in expressive activity in traditional public fora are often adversely impacted by the enforcement of vendor licensing laws. Cited, arrested, or negatively impacted in other ways for selling their goods or services, street performers and artists have brought First Amendment challenges to the enforcement of these laws against them. The Ninth Circuit’s recent opinion in Santopietro v. Howelland the Second Circuit’s opinion in Bery v. City of New York demonstrate how courts’ varied approaches to these challenges have led to inconsistent results.

This Comment first discusses why and how local governments should directly address …

Time's Up: Addressing Gender-Based Wage Discrimination In Professional Sports, Nicole Zerunyan

Loyola of Los Angeles Entertainment Law Review

Gender-based wage discrimination in professional sports is wide-spread. Female athletes, competing individually or as part of a team, are consistently paid substantially less than their male counterparts. To combat such discrimination and eliminate the gender pay gap, Congress passed the Equal Pay Act (“Act”) in 1963. While born of good intentions, the Act falls drastically short of its intended goal. Its restrictive language—specifically, its “same establishment” requirement—excludes separately owned teams. As most men’s and women’s professional sports teams are separately owned, their players are effectively barred from bringing wage-discrimination claims. This Note proposes two ways of addressing that issue: (1) …

Fourth Circuit Fumbles The Ball: Spirit Of Disability Rights Compromised In The Wake Of Class V. Townson University, Dave Peterson

Loyola of Los Angeles Entertainment Law Review

The Fourth Circuit’s recent decision in Class v. Towson University threatens the rights guaranteed to disabled persons under the Americans with Disabilities Act of 1990 (ADA) and the Rehabilitation Act of 1973 (“Rehab Act”). The Acts demand that disabled persons not be excluded from activities based on unsubstantiated paternalistic concerns, and, where exclusion occurs, the Acts entrust courts to evaluate whether exclusion was warranted in light of the best available objective evidence. This Comment argues that by deferring to the speculative fears and subjective judgment of Towson University—the very entity accused of violating the ADA and Rehab Act in Class …

Loopholes, Licensing, And Legislation: Considering The Needs Of People With Disabilities In The Autonomous Vehicle Revolution, Caroline Glennie-Smith

Loyola of Los Angeles Entertainment Law Review

Self-driving vehicles have the potential to revolutionize transportation for all Americans and will be especially beneficial for the more than fifty-seven million Americans with a disability. This Note offers a primer on a rapidly-developing area of law and policy that will permanently alter how Americans interact with transportation. While public availability of autonomous vehicles is anticipated as early as next year, widespread use of these vehicles is likely at least a decade away. The lag between current-day prototypes and future widespread public availability provides lawmakers, self-driving vehicle manufacturers, and the disability community an important opportunity to work together to shape …

Filter Wars: The Fight To Determine Filtering Rights Under The Family Movie Act And The Digital Millennium Copyright Act, Amanda Garcia

Loyola of Los Angeles Entertainment Law Review

The development of filtering and streaming technology over the last twenty years has put in to question the purpose and intent of legislation meant to encompass those technologies. This Comment considers the exclusive rights of copyright owners in their protected works, and the circumvention of the encryptions placed on DVD and Blu-Ray discs to prevent the unauthorized decryption, filtering, and streaming of those works. This Comment will weigh the rights of creators of expressive works, such as films and television shows, against the rights of the purchasers to filter the works. A new defense to circumvention liability will be raised …

Human Rights The "Asean Way": Exploring The Possibilities For A Regional Adr And Adjudicative Body In Southeast Asia, Mariam Sarwar

Loyola of Los Angeles Law Review

No abstract provided.

Sexual Orientation Discrimination Under Title Vii: The Promising Road Ahead, Sydney Wright

Loyola of Los Angeles Law Review

No abstract provided.

A Fox In The Henhouse: Applying California's Delayed Discovery Rule In Federal Court, Samuel Donohue

Loyola of Los Angeles Law Review

No abstract provided.

Rethinking How Voters Challenge Gerrymandering: Congress, Courts, And State Constitutions, Megan Wilson

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

Loyola of Los Angeles Law Review

No abstract provided.

Companion Animals Are More Than "Just" Personal Property: Oregon Supreme Court Joins Growing National Trend, Kathleen Simers

Loyola of Los Angeles Law Review

No abstract provided.

Revoking The "Get Out Of Jail Free Card": How Mavrix Photographs, Llc V. Livejournal, Inc. Could Revolutionize User-Generated Safe Harbor Protections Under § 512(C) Of The Digital Millennium Copyright Act, Caitlin Oswald

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

Loyola of Los Angeles Law Review

No abstract provided.

Muddying The Water: Tiered Water Rates After San Juan Capistrano, Travis Kaya

Loyola of Los Angeles Law Review

In the face of chronic drought, water utilities across California have turned to tiered water rates to promote conservation and curb consumer demand. However, recent legal challenges have called the constitutionality of tiered- rate schemes into question, threatening to deprive utilities of a critical conservation tool.

A patchwork of recent court decisions—the landmark Capistrano Taxpayers Association v. City of San Juan Capistrano most notable among them—have exposed an unresolved conflict between the California Constitution’s water rights and taxation provisions. Namely, how does Proposition 218’s restrictions on assessments for “property related services” apply to tiered water rates set by public water …

No Child Left Behind Bars: Suspending Willful Defiance To Disassemble The School-To-Prison Pipeline, Danielle Dankner

Loyola of Los Angeles Law Review

With the criminalization of school discipline and the subsequent increased involvement between students and the juvenile justice system, a path from school to prison became entrenched. Public schools across the nation continued to increase their reliance on punitive disciplinary measures to punish a range of behaviors. Through these measures, schools began to perceive pushed out students as problematic, despite the lack of evidence supporting the efficacy of such policies. Due to school disciplinarians’ implicit bias when enforcing exclusionary policies, students of color and students with disabilities are most at risk. In the hopes of alleviating the devastating effects of the …

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 …

Guilty Until Proven Innocent: California's Prop. 50 Turns The Concept Of Due Process On Its Head, Brantley I. Pepperman

Loyola of Los Angeles Law Review

For decades, “good governance” has been little more than a talking point for politicians on the road to reelection or a promotion to higher office. In 2014, the California Legislature attempted to give teeth to the idea, successfully spearheading an amendment to the California Constitution approved by voters in 2016. But despite its efforts to “drain the swamp,” the Legislature gave itself a powerful tool, the authority to suspend or expel legislators without pay, that presents more problems than solutions. This article explores the implications of that amendment, including the extent to which it, as codified, comports with procedural due …

The First Amendment And Content Restrictions In State Film Incentive Programs, Dr. Joel Timmer

Loyola of Los Angeles Entertainment Law Review

In recent years, many states have offered incentive programs to lure film production and its associated economic benefits—increased jobs, spending, and tourism—to their states. Several of these programs have restrictions that deny incentives based on a film’s content. For example, Texas denies film incentives to projects that have “inappropriate content” or portray “Texas or Texans in a negative way.” This article concludes that these restrictions do not violate the First Amendment. Two key considerations factor into this conclusion: First, in granting subsidies, the government may apply criteria that would be impermissible in a regulatory context. Second, the denial of a …

Capitol Records V. Vimeo: How The Digital Millennium Copyright Act Is Outdated And In Need Of Revision, Dustin Johnson

Loyola of Los Angeles Entertainment Law Review

This Comment analyzes the Second Circuit Court of Appeals’ interpretation of the Digital Millennium Copyright Act (DMCA) in Capitol Records, LLC v. Vimeo, LLC, 826 F.3d 78 (2d Cir. 2016). Beginning with a brief overview of the DMCA’s history, this Comment acknowledges the Second Circuit’s holding in Viacom Int’l Inc. v. YouTube, Inc., 676 F.3d 19 (2d Cir. 2012). In Viacom, the Second Circuit set precedent with its interpretation of the knowledge requirements for safe harbor under section 512(c) of the DMCA.

In Capitol Records, the Second Circuit confirmed its holding in Viacom but missed an …

Judge, Jury, And Executioner: Roger Goodell And The Power To Punish, Ursula Petersen

Loyola of Los Angeles Entertainment Law Review

This Note examines the unbridled disciplinary powers granted to NFL Commissioner Roger Goodell. These powers, granted by the NFL’s Collective Bargaining Agreement, allow Goodell to indiscriminately punish NFL players for violent, off-field behavior. The increased media coverage of domestic violence and sexual assault—perpetrated by NFL players—has damaged the NFL’s public persona and resulted in loss of sponsorship. In response, Goodell has pledged to deter violent behavior and punish player indiscretions by crafting and implementing harsher Personal Conduct Policies.

This Note explores the history of NFL disciplinary policies and the legal challenges to Goodell’s disciplinary powers. Additionally, this Note looks at …

Collective Versus Individual Rights: The Able Worker And The Promotion Of Precarious Work For Persons With Disabilities Under Conflicting International Law Regimes, Paul Harpur

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Does The 1980 Vienna Sales Convention Reflect Universal Values? The Use Of The Cisg As A Model For Law Reform And Regional Specificities, Ulrich G. Schroeter

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

A Triumphant Victory For Gay Rights In Belize Lays The Foundation For A Domino Effect Throughout The Caribbean, Lauren Tisdale

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Is American Multinational Enterprises’ Honeymoon With The European Union Over?An Analysis Of The European Commission’S Investigations Into American Multinational Enterprises’ Tax Deals With Ireland, Luxembourg And The Netherlands, Luyang Liu

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

The Proper Application Of Nominative Fair Use In Trademark Law: Why International Information Systems Security Certification Consortium, Inc. V. Security University, Llc Sets The Preeminent Standard, Jonathan O. Ballard Jr.

Loyola of Los Angeles Law Review

No abstract provided.