Law Commons^™

Touching A Nerve: Hertz V. Friend’S Impact On The Class Action Fairness Act’S Minimum Diversity Requirement, Kimberly Nakamaru

Loyola of Los Angeles Law Review

No abstract provided.

The First Amendment Lost In Translation: Preventing Foreign Influence In U.S. Elections After Citizens United V. Fec, Matt A. Vega

Loyola of Los Angeles Law Review

This Article invites readers to consider an unusual approach to curtailing the threat of foreign corruption: limiting political speech. This Article argues that permitting foreign-owned and foreigncontrolled corporations to pour money into U.S. elections has undermined self-governance and threatens our democracy. By exploring both constitutional and extra-constitutional theory, this Article adds several novel arguments to the ongoing debate on the First Amendment’s relationship to campaign finance laws governing foreign corporations.

The basic question this Article addresses is whether the First Amendment protects political spending by foreign-controlled or foreign-owned U.S. corporations. This issue has become more pressing since the Supreme Court …

Nothing Inevitable About Discriminatory Hiring: Lewis V. City Of Chicago And A Return To The Text Of Title Vii, James Steinmann

Loyola of Los Angeles Law Review

No abstract provided.

These Tats Are Made For Talking: Why Tattoos And Tattooing Are Protected Speech Under The First Amendment, Carly Strocker

Loyola of Los Angeles Entertainment Law Review

This Comment examines the current split among the federal circuit courts of appeal on the issue of First Amendment protection of tattoos and argues for the United States Supreme Court to grant certiorari to Anderson v. City of Hermosa Beach and adopt the approach taken by the Ninth Circuit Court. Traditionally, courts have viewed a restriction on the process of creating pure speech as a restriction on the speech itself. As a result, the courts vigorously protect the process of creating the speech. Tattooing, a process inexplicably linked to the creation of tattoos, must be protected with the same fervor …

Masthead, Volume 9, Number 2, 2011, Editorial Board

The University of New Hampshire Law Review

Masthead to Volume Nine, Issue Number Two.

Guantanamo And Beyond: Reflections On The Past, Present, And Future Of Preventive Detention, Kristine A. Huskey

The University of New Hampshire Law Review

[Excerpt] “January 11, 2011 began the tenth year of existence of the detention center at the U.S. Naval Base at Guantanamo Bay, Cuba (“Guantanamo” or “GTMO”). In human-being terms, what this means is that large numbers of men have been detained by the U.S. military for almost a decade, in prison-like conditions, without trial. In a pre-9/11 world, a “Guantanamo” and the idea of “detention without trial” would have been seen as decidedly un-American and a violation of our democratic values. Over the last decade, however, Guantanamo” and the practice of long-term detention without trial for terrorism suspects (or, “preventive …

Territorial Sovereignty And The Evolving Boumediene Factors: Al Maqaleh V. Gates And The Future Of Detainee Habeas Corpus Rights, Luke R. Nelson

The University of New Hampshire Law Review

[Excerpt] “In November 2010, the U.S. government prosecuted in a civilian federal court an accused terrorist detainee housed since 2004 at the Guantanamo Bay Detention Center (Guantanamo Bay). The Obama Administration considered this trial a “test case” for prosecuting accused terrorist detainees in civilian federal courts. Of the more than 280 charges against the detainee defendant, a civilian jury convicted him of one count and acquitted him of the remaining charges. Yet, the defendant received a life sentence without parole.

This “test case” is one example of a changing landscape in international armed conflict and detainee rights jurisprudence following September …

Costco V. Omega And The First Sale Doctrine, Lindsay R. Aldridge

North Carolina Journal of Law & Technology

No abstract provided.

An Economic Interpretation Of The Pastunwalli, Tom Ginsburg

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.

The Role Of Authority, Scott A. Hershovitz

Articles

The most influential account of authority – Joseph Raz's service conception – is an account of the role of authority, in that it is an account of its point or function. However, authority does not have a characteristic role to play, and even if it did, the ability to play a role is not, by itself, sufficient to establish authority. The aim of this essay is to shift our focus from roles that authority plays to roles that people play – which we can also call roles of authority – such as chef, teacher, and parent. To justify authority, we …

The Dodd-Frank Act: Tarp Bailout Backlash And Too Big To Fail, Lissa Lamkin Broome

North Carolina Banking Institute

No abstract provided.

Dodd-Frank Regulatory Innovation, And The Safety Of Consumer Financial Products, Melissa B. Jacoby

North Carolina Banking Institute

No abstract provided.

Stock Broker Fiduciary Duties And The Impact Of The Dodd-Frank Act, Thomas Lee Hazen

North Carolina Banking Institute

No abstract provided.

Diversity And Corporate Performance: A Review Of The Psychological Literature, Jennifer K. Brooke, Tom R. Tyler

North Carolina Law Review

No abstract provided.

Corporate Board Gender Diversity And Stock Performance: The Competence Gap Or Institutional Investor Bias, Frank Dobbin, Jiwook Jung

North Carolina Law Review

No abstract provided.

The Diversity Double Standard, Sung Hui Kim

North Carolina Law Review

No abstract provided.

Carachuri-Rosendo V. Holder: To Be Deemed Convicted Of An Aggravated Felony, An Actual Conviction Is Required, Inna Zazulevskaya

Loyola of Los Angeles Law Review

No abstract provided.

Dedication: Justice John Paul Stevens

Loyola of Los Angeles Law Review

The editors of the Loyola of Los Angeles Law Review dedicate the law review’s inaugural Supreme Court issue to Justice John Paul Stevens, upon his retirement from the bench and in honor of his incredible and lasting contributions to the legal community. The issue includes dedication letters from President Bill Clinton, Justice Ruth Bader Ginsburg, and Justice Sonia Sotomayor, as well as dedication letters and essays written by Justice Stevens’ former clerks Susan R. Estrich, Michael J. Gottlieb, Abner S. Greene, Jamal Greene, Melissa Hart, Amanda Leiter, Gregory P. Magarian, Nancy S. Marder, David Pozen, Adam M. Samaha, and Samuel …

Motions 2011 Volume 47 Number 6, University Of San Diego School Of Law Student Bar Association

Newspaper, Motions (1987-2019)

No abstract provided.

Justice Jackson And The Second Flag-Salute Case: Reason And Passion In Opinion-Writing, Douglas E. Abrams

Faculty Publications

In 1943, the Supreme Court handed down West Virginia State Board of Education v. Barnette. With Justice Robert H. Jackson writing for the six-Justice majority, the Court upheld the First Amendment right of Jehovah's Witnesses schoolchildren to refuse to salute the flag or recite the Pledge of Allegiance, state-imposed obligations that the children and their parents contended were acts of idolatry that violated biblical commands. Judge Richard A. Posner has said that Justice Jackson's effort "may be the most eloquent majority opinion in the history of the Supreme Court."

Helping Lawyers Help Clients, John M. Lande

Faculty Publications

Counseling clients about dispute resolution options is easier said than done. This article suggests a strategy to help lawyers counsel clients in choosing dispute resolution options. Perhaps the most promising approach involves using dispute systems design (DSD) procedures to establish better ways of training lawyers to counsel clients.

The Volcker Rule's Unintended Consequences, Ryan K. Brissette

North Carolina Banking Institute

No abstract provided.

Justifying Board Diversity, James A. Fanto, Lawrence M. Solan, John M. Darley

Faculty Scholarship

No abstract provided.

Museletter: March 2011, Suzanne Corriell

Museletter

This Issue:

Be Prepared for Summer Employment

Construction Zone!

Interested in International Criminal Law or Human Rights?

"Create Your Own Story @ Your Library" National Library Week, April 11-17, 2011

Margaret Mitchell's Gone with the Wine: A Bestseller's Odyssey from Atlanta to Hollywood by Heather Casey

Representational Competence: Defining The Limits Of The Right To Self-Representation At Trial, E. Lea Johnston

UF Law Faculty Publications

In 2008, the Supreme Court held that the Sixth Amendment permits a trial court to impose a higher competence standard for self-representation than to stand trial. The Court declined to delineate a permissible representational competence standard but indicated that findings of incompetence based on a lack of decisionmaking ability would withstand constitutional scrutiny. To date, no court or commentator has suggested a comprehensive competence standard to address the particular decisional context of self-representation at trial. Conceptualizing self-representation as an exercise in problem solving, this Article draws upon social problem-solving theory to identify abilities necessary for autonomous decisionmaking. The Article develops …

Establishing Appropriate Liability Under The Fair And Accurate Credit Transactions Act, Mignon M. Arrington

North Carolina Banking Institute

No abstract provided.

Banktown: Assessing Blame For The Near-Collapse Of Charlotte's Biggest Banks, Brian Choi

North Carolina Banking Institute

No abstract provided.

The Dodd-Frank Act: A New Deal For A New Age, Saule T. Omarova

North Carolina Banking Institute

No abstract provided.

Dodd-Frank's Requirement Of Skin In The Game For Asset-Backed Securities May Scalp Corporate Loan Liquidity, David Line Batty

North Carolina Banking Institute

No abstract provided.

Peer-To-Peer Lending In The United States: Surviving After Dodd-Frank, Jack R. Magee

North Carolina Banking Institute

No abstract provided.