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Southwestern
Law School
Los Angeles
The Southwestern Law Review is a student-edited quarterly journal that publishes scholarly articles and commentary on the law contributed by prominent jurists, practitioners, law professors, and student members of the Law Review staff.
Participation in the Law Review program provides students with the opportunity for concentrated study in specific areas of the law and enhances their skills in legal research, writing, and analysis. Each Law Review member has demonstrated outstanding academic achievement and a solid foundation in legal skills. Students ranked in the top 10% of the Full-time Day, Full-time Online or SCALE I, and second year Part-time Day, Part-time Online, PLEAS classes are invited to participate on Law Review. Additionally, several students in the top 30% of their class are extended invitations based on their performance in the annual Summer Write-On Competition. The entire editorial and publication process is directed by an editorial board composed of students who have met stringent academic requirements and have at least one year of membership on the Law Review staff. Under the close supervision of the Law Review Faculty Advisors, all incoming staff members write a draft note during the fall semester Law Review Staff Seminar. The staff members revise these draft notes during the spring semester and submit the drafts to the editorial board for possible publication.
The Southwestern Law Review focuses on a variety of legal issues in California and federal law. Recent volumes have featured articles examining environmental law, the First Amendment, labor law, family law, public interest law, health law, copyright, criminal procedure, the right to privacy, sexual harassment, and the federal and state Statutes of Limitation.
As part of its activities, the Law Review also sponsors symposia and the Distinguished Lecture Series. These programs feature prominent members of the legal community who lecture or participate in panel discussions on topical legal issues. Recent symposia have covered topics such as:
Widening the Lens of Justice: Unmasking the Layers of Racial and Social Inequality
A Conversation About Deported Americans
New Frontiers in Torts: The Challenges of Science, Technology, and Innovation
Immigration in the Trump Era
Modern Implications of the Laws of War
Stuck in Forward? Debt, Austerity and the Possibilities of the Political, a ClassCrits Workshop
40 Years of LGBT Legal Activism - Taking Stock and Looking Ahead
CERCLA and the Future of Liability-Based Environmental Regulation
Beyond Borders - Extraterritoriality in American Law
Bankruptcy in the New Millennium
The Evolution of J.D. Programs - Is Non-Traditional Becoming More Traditional?
Issues, Subscriptions and Submissions
The Southwestern Law Review is published three times annually, books one and two of each volume in Fall and books three and four in Spring. Please direct submissions to the Southwestern Law Review email at lawreview@swlaw.edu.
Current Subscription Rates
Law Review (domestic): $38.00 a year
Law Review (foreign): $43.00 a year
Single copies (domestic): $17.00
Single copies (foreign): $22.00
Current issues can be ordered directly from Law Review. Unless otherwise requested, it is mailed at bulk rate. For some overseas subscribers, delivery via airmail may be more reliable than standard bulk rate service. If a notice of termination is not received before the expiration of a subscription, the subscription will be automatically renewed. Unless a claim is made for non-receipt of an issue within six months after the mailing date, that issue will not be supplied free of charge.
Back issues of the Southwestern Law Review are also available in an image based format through
HeinOnline
.
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Please address all correspondence regarding subscriptions to:
Subscriptions Manager
Southwestern Law Review
Southwestern Law School
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Email:
lawreview@swlaw.edu
Current Members
Executive Board
Editor In Chief
Jeremy Davison
Managing Editor
Sofya Harutyunyan
Senior Lead Articles Editors
Rachel Perkins
Nikki Milner
Norman Bhuian
Special Projects Editor
Lauren Wonn
Lead Articles Editors
Andrew Castaneda
Tatiana Faus
Isabel Kash
Leah Perez
Naomi Sirota
Notes and Comments Editor
Connor Haviland
Members
Maryam Amin
Nareg Babaians
James Bortree
Lauren Brasesco
Ariadna Calva
Zoe Castaneda
Harout Danielyan
Julia DeBruin
Wessal Esber
Emma Grant
Sharon Hayashida
Albert Hovhannisyan
Emma Idiart
Dana Jacinto
Leanna Jasek-Rysdahl
Liana Karapetyan
Juliette Lee
Micah Matte
Nina Menzagopian
Kobe Moreno
Luke Pastor
Levy Pekler
Marissa Pomerance
Nathaniel Ramsey
Katherine Reid
Nicholas Rodriguez
Marissa Schiller
Ivy Smith
Ediberto Soto Del Moral
Ally Vasquez
Alexis Villa Torres
Faculty Advisors
Professor Warren Grimes
Professor Danielle Kie Hart
Current Issue
Vol. 53, No. 2, Spring 2025
Essays
Table of Contents
201
Beyond Separation: Troubling the Notion of Corruption and Turning the Criminalization Lens on Care Itself
Wendy A. Bach
207
“Care as a Smokescreen” and the Criminalization of Young People
Beth Caldwell
218
Burdensome Care
Kelley Fong & Mical Raz
226
Banning Abortion, Corrupting Care: Impacts on Providers
Lisa C. Ikemoto
242
Punishment as Care: A Discussion of Wendy Bach’s Prosecuting Poverty, Criminalizing Care
Kerwin Kaye
266
The Deep Roots and Wide Reach of Combining Punishment and Care
Tine Lee
277
Diagnosing the Carceral State: A Review of Prosecuting Poverty, Criminalizing Care, By Wendy Bach
Judah Schept
286
Every Hospital is Ferguson v. City of Charleston
Ji Seon Song
Notes and Comments
304
An Inevitable Truism: Regulating Autonomous Vehicles as a “Sale of Goods” Under Article 2 of the Uniform Commercial Code
Zareh Bursalyan
320
A Path Back to Lawful Abortion: Transgender Men and the Immutable Characteristic of a Suspect Class
Jenna Karvunidis
344
Safe Injection Sites: Not a Panacea for the Drug Crisis, but a Sound Idea
Aram M. Zohrabian
Recent Issues
Vol. 53, No. 1, Fall 2025
Essays
i
Table of Contents
1
Foreword
Danielle M. Conway
15
Covid Caregiving
Meera E. Deo
46
COVID-19 Pandemic and Law Student Caregiving
Chad Christensen and Jacquelyn Petzold
61
Pandemic Innovation
Brian R. Gallini
76
Impact of the COVID-19 Care Crisis for Student Parents in Higher Education
Tina Cheuk and Maya Valree
100
A COVID-19 Education
Katyayani Suhrud
110
Caring for the Caregivers: Reimagining Institutional Recognition of Caregiving Work After the COVID Care Crisis
Shruti Rana
129
Return of the Sage (On the Stage)?
Debra Moss Vollweiler
Notes and Comments
154
Compensate the Work in the Work of Art: Implementing the Artist’s Resale Right in America
Samantha Williger
169
Can an AI Author Make Billboard’s “Hot 100” List? The Future in AI and Why the Music Industry Should Be Paying Attention
Tara Kooklanfar
184
Reshaping the Framework Around Liability For Social Media Companies: How Their Ai Algorithms Can Lead to Products Liability Claims
Marie Randazzo
Vol. 52, No. 3, Spring 2024
Essays
i
Table of Contents (
PDF
)
351
Concluding the Restatement (Third) of Torts: An Introduction (
PDF
)
Byron G. Stier and Christopher J. Robinette
358
A Brief Introduction to the American Law Institute and the Restatements of Torts (
PDF
)
Hon. Goodwin H. Liu
364
The American Law Institute and the Restatement (Third) of Torts: Presentation of Michael Green (
PDF
)
Michael D. Green
369
Tort Theory and the Restatement, in Retrospect (
PDF
)
Keith N. Hylton
399
Is the Third Restatement of Design Defect a Defective Product? (
PDF
)
Gregory C. Keating
428
The Role of Tort Theory in the Third Restatement of Torts: An Explanation and Defense (
PDF
)
Kenneth W. Simons
444
Tort Theory and the Restatements: Presentation of Catherine Sharkey (
PDF
)
Catherine M. Sharkey
450
Informed Consent in the Restatement of Medical Malpractice (
PDF
)
Mark A. Hall
465
Modernizing the Medical Malpractice Standard of Care (
PDF
) Philip G. Peters, Jr.
478
Informed Consent in the New Restatement on Medical Malpractice: A Friendly Critique (
PDF
)
Nina A. Kohn
484
Keynote Symposium Presentation of Brian Panish and Jesse Creed (
PDF
)
Brian Panish and Jesse Creed
493
The Equity of Tort Claims for Medical Monitoring (
PDF
)
Mark A. Geistfeld
512
The Restatement (Third) of Torts Proposes Abandoning Tort Law’s Present Injury Requirement to Allow Medical Monitoring Claims: Should Courts Follow? (
PDF
)
Victor E. Schwartz and Christopher E. Appel
543
Trauma Damages (
PDF
)
Martha Chamallas
580
Why Courts Should Continue to Reject Innovator Liability Theories that Seek to Hold Branded Drug Manufacturers Liable for Generic Drug Injuries (
PDF
)
Mark A. Behrens and Christopher E. Appel
607
Damages: Symposium Presentation of Anthony Sebok (
PDF
)
Anthony J. Sebok
615
Damages: Symposium Presentation of Ibiere Seck (
PDF
)
Ibiere N. Seck
618
Damages and Trial Practice: Symposium Presentation of Judge Kevin Brazile (
PDF
)
Hon. Kevin C. Brazile
Notes and Comments
623
“Remain in Mexico” Policy and Its Progeny: Is There Hope? (
PDF
)
Elena V. Cordonean
645
Don’t Go Down that Aisle: Circuit Courts’ Problematic Interpretation of Sentencing Enhancements and the Need for Change (
PDF
)
Peter S. Demerdjian
661
How Conservatorships are “Toxic” for Women’s Reproductive Rights (
PDF
)
Kristin A. Strange
Vol. 52, No. 2, Spring 2023
i
Table of Contents (
PDF
)
191
Foreword (
PDF
)
Lloyd L. Lee
199
Reflections on Place and People from Within (
PDF
)
M. Alexander Pearl
208
Thoughts on
A Nation Within
’s Discussion of the Navajo Nation’s Water Rights (
PDF
)
Adam Crepelle
217
Tribal Self-Determination and
A Nation Within
(
PDF
)
Angela R. Riley
226
Ma’ii and Nanaboozhoo Fistfight in Heaven (
PDF
)
Tamera Begay and Mathew L.M. Fletcher
239
Reform in the Fifth World (
PDF
)
Jessica A. Shoemaker
255
The Reports of My Death Are Greatly Exaggerated: The Continued Vitality of
Worcester v. Georgia
(
PDF
)
Dylan R. Hedden-Nicely
271
The Nation Within: Prospects for an Indigenous Future (
PDF
)
Wendy S. Greyeyes
281
Afterword: With Gratitude (
PDF
)
Ezra Rosser
Notes and Comments
293
Double Taxation on the Rise: Addressing Double State Income Tax for Remote Workers (
PDF
)
Matthew Behboud
308
Supreme Court Ethics Regulation: Amending the Ethics in Government Act of 1978 to Address Justices’ Unethical Behavior (
PDF
)
April Rivera
330
Lyrical Murderers: Why We Should Think Twice Before Admitting Rap Lyrics in Criminal Cases (
PDF
)
Bryse K. Thornwell
Vol. 52, No. 1, Fall 2022
i
Table of Contents (
PDF
)
1
Foreword: Beginning with Admitting Inhumanity (
PDF
)
Martha Minow
9
Truth, Healing, Empowerment: Eric Yamamoto on Reparative Justice for the People of Jeju (
PDF
)
Natsu Taylor Saito
20
Accountability for the Harms of Indigenous Boarding Schools: The Challenge of “Healing the Persisting Wounds” of “Historic Injustice” (
PDF
)
Rebecca Tsosie
40
Bringing to Light: Reflections on Professor Yamamoto’s “Social Healing Through Justice” and the Potential of the California Truth & Healing Council (
PDF
)
Margaret M. Russell
50
A Social Healing Approach to Native Hawaiian Claims: Law and Resistance at Maunakea (
PDF
)
Susan K. Serrano
67
Pūpūkahi I Holomua: Critical Lessons of
Social Healing Through Justice
for Native Hawaiians Redress in Canada and Its Human Rights Legacy (
PDF
)
Troy J.H. Andrade
81
Redress in Canada and Its Human Rights Legacy (
PDF
)
Greg Robinson
95
Human Rights Law and Social Healing Through Justice for Cheju Massacres (1947-1954): The United States’ Unlawful Acts and Omissions (
PDF
)
Sang-Soo Hur
111
Jeju Peace, Education, and Reconciliation: Continued Challenges Relating to the Jeju 4.3 Tragedy (
PDF
)
Kunihiko Yoshida
126
What Jeju 4.3 Survivors and Families Can Learn from the Global South in Seeking Justice from an Empire (
PDF
)
Ruben Carranza
141
Afterword: International Reparations: What Justice Amends Can and Should There Be? (
PDF
)
Eric K. Yamamoto
Notes and Comments
161
Your Secret Cell Phone Passcode May Not Be a Secret for Long: The Uncertainty of Compelled Password Production (
PDF
)
Michael Seager
174
Katz
in the Digital Age: Why the
Katz
Subjective Prong Must Be Restrengthened (
PDF
)
Ash Wold
Vol. 51, No. 1, Fall 2021
i
Table of Contents (
PDF
)
1
Foreword (
PDF
)
Justice (Ret.) Gary Hastings
9
Videoconferencing and Legal Doctrine (
PDF
)
Scott Dodson
20
Empathy and Remote Legal Proceedings (
PDF
)
Susan A. Bandes & Neal Feigenson
40
Online Jury Selection: New Tools for Jury Trials (
PDF
)
Jeffrey T. Frederick
63
Bearing Witness to, Well, Witnesses: An Examination of Remote Testimony Versus In-Court Testimony (
PDF
)
Karen Lisko
71
Civil Jury Trials by Zoom: We're All Plugged into One World Now (
PDF
)
Ted A. Donner
91
Access to Justice in a Time of COVID (
PDF
)
Douglas G. Carnahan
107
The Constitutionality of Remote Trials (
PDF
)
Norman M. Garland
116
The Online Criminal Trial as a Public Trial (
PDF
)
Stephen E. Smith
133
Prosecutorial Dilemmas amid the Pandemic and Online Jury Trials (
PDF
)
Brandon Marc Draper
142
Mediation in the COVID-19 Era: Is Online Mediation Here to Stay? (
PDF
)
Kristi J. Paulson
Notes and Comments
156
Hero and Villain: The Defense Production Act in the Era of COVID-19 (
PDF
)
Ariel F. Coto
174
Independent Character Copyrightability and the Implications of DC Comics v. Towle: Formulating a Framework Based on the Realities of Character Construction (
PDF
)
Eric Naessig
Vol. 50, No. 3, Fall 2022
i
Table of Contents (
PDF
)
397
Foreword: Widening the Lens of Justice: Unmasking the Layers of Racial and Social Inequality (
PDF
)
Isabelle R. Gunning
407
The Death Penalty and Race and How the Ultimate Punishment Highlights the Flaws in Our Criminal Justice System (
PDF
)
Kenneth Williams
419
Real Justice for Breonna: Re-Envisioning Knock-and-Announce (
PDF
)
Njery Mathis Rutledge
437
Growing Concerns About Spatial Inequality Related to the COVID-19 Economy: Reflections on Place Based Policies (
PDF
)
Kenya L. Covington
463
New Steps Toward Environmental Justice: The California Coastal Act and Environmental Justice Near Ports (
PDF
)
Heather Kryczka, Natalia Ospina & Taylor Thomas
509
Partisan Gerrymandering as a Threat to Multicultural Democracy (
PDF
)
Bertrall L. Ross
Notes and Comments
526
Strictly Speaking: Transforming Fair Users From Defendants to Copyright Holders (
PDF
)
Aleeza Marashlian
Vol. 50, No. 2, Spring 2021
i
Table of Contents (
PDF
)
208
Moving Forward (
PDF
)
Chacon, Jennifer M.
218
Relief and Statutes of Limitation for Deportable Noncitizens under Asian Exclusion, 1882-1948 (
PDF
)
Chin, Gabriel J.
231
(Un)Equal Immigration Protection (
PDF
)
Rosenbaum, Carrie L.
263
Activism, Identity and Rights in Deportee Communities (
PDF
)
Saucedo, Leticia M.
275
The Impacted Immigration Lawyer in the Era of Trump: Empathy, Wellbeing, and Sustainable Lawyering (
PDF
)
Vazquez, Julia
296
Culture and Borders: Place and Self (
PDF
)
Vigil, Diego
305
Immigration Law Lessons from Deported Americans: Life after Deportation to Mexico (
PDF
)
Johnson, Kevin R.
319
Laying the Legal Foundation for a Right to Stay in Deported Americans (
PDF
)
Shah, Ragini
333
Learning from Deported Americans (
PDF
)
Eagly, Ingrid
342
Deportation in the Shadows of Due Process: The Dangerous Implications of DHS v. Thuraissigiam (
PDF
)
Kanstroom, Daniel
359
Reflections on the Right to Move Freely across Borders (
PDF
)
Caldwell, Beth
372
Empowering Immigration Judges to Sanction Attorneys Abusing the Powerless (
PDF
)
Bran, Abraham Estuardo
Vol. 50, No. 1, Spring 2021
i
Table of Contents (
PDF
)
1
All Except for: Animus That Drives Exclusions in Criminal Justice Reform (
PDF
)
Carpenter, Catherine L.
44
Banishing 'Sex Offenders': How Meaningless Language Makes Bad Law (
PDF
)
Hamilton-Smith, Guy
70
Advocating for 290 Registrants in the Era of Coronavirus and Court Closures (
PDF
)
Bellucci, Janice M.; Morse, Carlton
91
Moral Dimensions of Warfare (
PDF
)
Qureshi, Waseem Ahmad
Notes and Comments
129
The Problem with Johnson and Lemond: Irreconcilable Science and the Brady-Napue No-Man's Land (
PDF
)
Hyman, Andy
151
Testing the Scope of Status (
PDF
)
Jansson, Erica L.
179
An Illusion of Choice: Defunding the Right to Choose (
PDF
)
Rutenberg, Meg
Vol. 49, No. 3, Spring 2021
i
Table of Contents (
PDF
)
348
Dedication (
PDF
)
Byron G. Stier
349
New Frontiers in Tort Law and the Challenges of Science, Technology & Innovation: An Introduction (
PDF
)
Byron G. Stier
362
Holistic Tort Theory (
PDF
)
Alan Calnan
378
Rendering Justice in Key Areas of Tort Law in the Next Decade (
PDF
)
Victor E. Schwartz
390
Outgunned No More?: Reviving a Firearms Industry Mass Tort Litigation (
PDF
)
Linda S. Mullenix
436
The Rule of Science and the Rule of Law (
PDF
)
Mark S. Behrens; Andrew J. Trask
455
Brave New World: Technology and Tort Practice (
PDF
)
Richard Marcus
462
Incorporating an Actual Malice Exception to Section 230 of the Communications Decency Act (
PDF
)
Christopher J. Robinette; Shannon N. Costa
478
Torts: Past, Present, and Future - Presentation of Brian Panish (
PDF
)
Brian Panish
483
Torts: Past, Present, and Future - Presentation of Victor Schwartz (
PDF
)
Victor Schwartz
487
New Developments in Tort Litigation: Presentation of Francis McGovern (
PDF
)
Francis McGovern
492
The Education of the Judiciary: The Sciences Addressing Disease Causation (
PDF
)
Michael Green
504
New Means of Financing Tort Lawsuits and Law Firms: Presentation of Professor Anthony Sebok (
PDF
)
Anthony Sebok
511
New Means of Financing Tort Lawsuits and Law Firms: Presentation of James Fischer (
PDF
)
James Fischer
Notes and Comments
518
Bringing Lenders Back to the Game: Harmonizing Access to Affordable Housing While Protecting Your Tax Dollars from Fraud Notes and Comments (
PDF
)
Brandon Faus
537
The Paradox of S.B. 1421: A New Tool to Shed Light on Police Misconduct and a Perverse Incentive to Cover It up Notes and Comments (
PDF
)
Carina Miller
Vol. 49, No. 2, Spring 2020
189
On The Value of Teddy Bears and Barbie Dolls: The Place of Children's Transitional Objects in Family Law (
PDF
)
Benjamin D. Garber & Dana E. Prescott
215
Pornography as a Tool for Perpetuation of Gender Hierarchy: The United States as a Case Study (
PDF
)
Limor Ezioni
243
Attorney-Client Sexual Relationships in the #METOO Era: Understanding Current State Approaches and Working Towards a Better Rule (
PDF
)
Casey W. Baker, J.D.
271
The Changing Face of Warfare in the Hi-Tech World (
PDF
)
Dr. Waseem Ahmad Qureshi
309
The Harsh Reality of Rule 8(A)(2): Keeping the
TWIQBAL
Pleading Standard Plausible, Not Pliable (
PDF
)
Kelsey Finn
330
Funk Brothers, Myriad
, & Products of Nature: How a Lack of Understanding Scientific Principles is Damaging the Patent System (
PDF
)
Jared M. Graff
Vol. 49, No. 1, Spring 2020
1
The Precarious Position of the Fourth Estate in Trumptopia: The Role of Popular Culture and the Law in Protecting Media Freedom (
PDF
)
Professor Taylor Simpson-Wood
57
Thieves in the Night? Pre-deprivation Requirements for Removal of Homeless Persons' Property from Public Areas (
PDF
)
Tim Donaldson
93
The Agony & the Ecstasy of #MeToo: The Hidden Costs of Reliance on Carceral Politics (
PDF
)
Guy Hamilton-Smith
122
Burning Down the House? Ben Carson and U.S. Housing Policy (
PDF
)
Brendan Williams
144
I Wish I Knew Then What I Know Now: Looking to the Objective Science in Evaluating Juveniles' (In)Competency. (
PDF
)
Tina M. Robinson
169
Updating the Law to Keep Pace with Newsfeeds and Online Victimization: The Need for Limited Access to Sex Offenders' Online Identifiers (
PDF
)
Jaynee Mathis
Vol. 48, No. 3, Fall 2019
[i]
Table of Contents (
PDF
)
457
Immigration in the Trump Era: Introduction (
PDF
)
Beth Caldwell
463
Judicial Review and the Immigration Laws Immigration in the Trump Era: Keynote (
PDF
)
Kevin R. Johnson
475
Trump's Immployment Law Agenda: Intensifying Employment-Based Enforcement and Un-Authorizing the Authorized Immigration in the Trump Era (
PDF
)
Kati L. Griffith; Shannon Gleeson
503
Sanctuary States Immigration in the Trump Era (
PDF
)
Rose Cuison Villazor; Alma Godinez-Navarro
525
Looking Ahead at Vagueness Claims in the Immigration Context Post-Dimaya Immigration in the Trump Era (
PDF
)
Jennifer Lee Koh
531
The Struggle for Equality: Women's Rights, Human Rights, and Asylum Protection Immigration in the Trump Era (
PDF
)
Karen Musalo
539
Some Preliminary Thoughts on Dimaya Immigration in the Trump Era (
PDF
)
Gabriel Chin
545
Rethinking the FTC's Role and Abilities in Protecting Consumer Data in the Wake of the Equifax Breach Notes and Comments (
PDF
)
Giordan Roque
571
Get Prepared for Class: The Case for Requiring Reasonable Ascertainability for Class Action Certification in the Ninth Circuit Notes and Comments (
PDF
)
Gevork Gazaryan
595
Injury from within: Toward an Unmodified Duty for Negligent Infliction of Emotional Distress Notes and Comments (
PDF
)
Xhesi Hysi
Vol. 48, No. 2, Fall 2019
199
Contextualizing Mindfulness: Foundations, Practice Guidance, And Cultural Implications (
PDF
)
Diana Winston
207
Self-Mastery: The Pathway To Peak Performance And Well-Being In The Law (
PDF
)
Jarrett A. Green, Esq., M.A. & Rebecca A. Simon, Esq.
241
Can Mindfulness Help Law Students With Stress, Focus, And Well-Being? An Empirical Study Of 1Ls At A Midwestern Law School (
PDF
)
Richard C. Reuben & Kennon M. Sheldon
267
Mindful Engagement And Relational Lawyering (
PDF
)
Susan L. Brooks
295
Integrating Positive Psychology Into Legal Education (
PDF
)
R. Lisle Baker
329
Using Mindfulness Meditation To Foster Reflection In Externships (
PDF
)
Alison Lintal
343
Cultivating A 'Reflective Approach' To The Practice Of Law: The Use Of Meditation In Legal Education (
PDF
)
Anthony Cullen
351
Mindful Mediation (
PDF
)
Brian A. Pappas
367
The Virtue Of Vulnerability (
PDF
)
Nathalie Martin
381
Mindfulness As Resistance (
PDF
)
Tim Iglesias
401
Mindfulness In Legal Ethics And Professionalism (
PDF
)
Peter H. Huang
413
The Gilded Octagon: Unionization To Give Mixed Martial Artists A Fighting Chance Against The UFC's Coercive Contracts (
PDF
)
Madelynn A. Hefner
437
Protecting Our Genetic Code: Can Copyright Succeed Where Patents Have Failed? (
PDF
)
William Dietz
Vol. 48, No. 1, Spring 2019
1
The Evidentiary Issue Crystalized By The Cosby and Weinstein Scandals: The Propriety Of Admitting Testimony About An Accused's Uncharged Misconduct Under The Doctrine Of Objective Chances To Prove Identity (
PDF
)
Edward J. Imwinkelried
37
Judicial Activism In The First Decade Of The Roberts Court: Six Activism Measures Applied (
PDF
)
Warren S. Grimes
81
Tribal (De)termination? Commercial Speech, Native American Imagery And Cultural Sovereignty (
PDF
)
Jason Zenor
105
"The State Is Not Omnipresent In The Home": Mandatory Firearm Ownership Laws And The Constitution (
PDF
)
Nathaniel Ament-Stone
133
The Political Advantage Of Medicare Advantage (
PDF
)
Brendan Williams
151
The Office Of Legal Counsel Juggernaut: No One Is Above The Law (
PDF
)
Susan Frontiera
173
Rapp Snitch Knishes: The Danger Of Using Gangster Rap Lyrics To Prove Defendants' Character (
PDF
)
Luke Walls
Vol. 47, No. 2, Spring 2018
291
Keynote Address: Fake News, Weaponized Defamation and the First Amendment (
PDF
)
Erwin Chemerinsky
297
Fake News & Film: How Alternative Facts Influence the National Discourse (
PDF
)
Jeremy Geltzer
335
The Economics of Weaponized Defamation Lawsuits (
PDF
)
David J. Acheson & Dr. Ansgar Wohlschlegel
385
Responsible Communication and Protection of Public Participation: Assessing Canada's Newest Public Interest Speech Protections (
PDF
)
Hilary Young
417
Responding to "Fake News": Is There an Alternative to Law and Regulation? (
PDF
)
David Goldberg
449
Take the Gatekeepers to Court: How Marijuana Research Under a Biased Federal Monopoly Obstructs the Science-Based Path to Legalization (
PDF
)
Jasen B. Talise
471
State Standing: Watering Down Article III With Special Solicitude (
PDF
)
Rosio Flores
Vol. 47, No. 1, Fall 2017
1
A Sign of Hope: Shifting Attitudes on Sex Offense Registration Laws (
PDF
)
Catherine L. Carpenter
2
Timeline of a Panic: A Brief History of Our Ongoing Sex Offense War (
PDF
)
Emily Horowitz
3
On Holy Ground: Church Sanctuary in the Trump Era (
PDF
)
Valerie J. Munson
4
Discriminating Gender: Legal, Medical, and Social Presumptions About Transgender and Intersex People (
PDF
)
Janet Dolgin
5
The American Aversion to Ties in Sport and Intercollegiate Wrestling's Labyrinthine Tiebreaker Rules (
PDF
)
Ilhyung Lee
6
When Social History Becomes a Constitution: The Bolivian Post-Liberal Experiment and the Central Role of History and Intent in Constitutional Adjudication (
PDF
)
Jorge Farinacci-Fernós
7
From Arlington to Tennessee: The Beginnings of a Chevron Deference Farewell Tour? (
PDF
)
Carlos A. Hernandez
8
The Need For Songwriters' Control: A Proposal to Prevent Unwanted Uses of Musical Compositions at Political Rallies (
PDF
)
Taylor L. Condit
9
Augmented Reality Incitement: How the Creator of Pokémon Go, and Those Who Follow, are Open to Tortious Liability (
PDF
)
Jamison Tyler Gilmore
10
Eradicating the Plague: Charging and Sentencing Domestic Violence Offenders Using Science, Not Tradition (
PDF
)
Mina Elmasry
11
What's Going on Hair?: Untangling Societal Misconceptions That Stop Braids, Twists, and Dreads From Receiving Deserved Title VII Protection (
PDF
)
Venessa Simpson
Vol. 46, No. 3, Spring 2017
327
Keynote: The Modern Laws of War (
PDF
)
General John R. Allen, USMC, (ret).
337
A Matter of Policy: United States Application of the Law of Armed Conflict (
PDF
)
Chris Jenks
355
International Law Applies to Cyber Warfare! No What? (
PDF
)
Gary D. Brown
379
Command Responsibility in the Twenty-First Century: The United States Basic Framework and Future Military (and Quasi-Military) Operations (
PDF
)
Joshua E. Kastenberg
401
Accountability in the Colombian Peace Agreement: Are the Proposed Sanctions Contrary to Colombia's International Obligations? (
PDF
)
Claudia Josi
423
Reasonably Accommodating Employees with Mental Health Conditions by Putting Them Back to Work (
PDF
)
Lauren Fierro
445
Bullying Beyond the Schoolhouse Gate: How School Districts can Constitutionally Regulate Off-Campus Cyberspeech (
PDF
)
Katrina V. Berroya
469
Breaking News and Breaking the Law: Reining in California's Criminalization of Paparazzi and the Intent to Photograph (
PDF
)
Emily A. Rehm
489
More Bang for the Buck: "Freaks" and the Intimitate-Sex-For-Money License (
PDF
)
Aron Hier
Vol. 46, No. 2, Spring 2017
217
Introduction (
PDF
)
Evan J. Mandery
219
Choosing Life: Reflections on the Movement to End Capital Punishment (
PDF
)
Stephen Rohde
253
Why the Death Penalty is Slowly Dying (
PDF
)
Kenneth Williams
275
Gregg
at 40(
PDF
)
Evan J. Mandery
303
Capital Punishment is Constitutional, and a "Cruel and Unusual Punishment." Now. For Now. (
PDF
)
Darren A. Reid
Vol. 46, No. 1, Fall 2016
Articles
Substantial Burdens in the Law
R. George Wright (
PDF
)
Can Constitutional Drafter See the Future? No, and It's Time We Stop Pretending They Can
Andrew Friedman (
PDF
)
Too Many Cooks Spoil the Cake, and Too Many Statutes Spoil the LLC: A Plea for Uniformity
Carol Goforth (
PDF
)
Notes and Comments
Close The Homeopathic Loophole: Require Homeopathic Medications To Prove Their Effectiveness
Roy C. Manukyan (
PDF
)
Inter Partes Review: Should Hedge Fund Managers Be Able to Profit From Challenging a Patent’s Validity?
Sherron Wiggins (
PDF
)
Copyright Owners Take on the World (Wide Web): A Proposal to Amend the DMCA Notice and Takedown Procedures
Megan Smallen (
PDF
)
Competitive Advantage: The Actions ESPN Must Take in Order to Maintain a Leadership Position in the Wake of Cable Un-bundling
Matthew Edwards (
PDF
)
Copyright 2016 Southwestern Law Review
Vol. 45, No. 4, Spring 2016
ClassCrits VIII
Emerging Coalitions: Challenging the Structures of Inequality
Foreword
Wendy A. Bach & Lucy Jewel (
PDF
)
CRITICAL RACE THEORY, TRANSFORMATION AND PRAXIS
Kim E. Clark (
PDF
)
Developing a Pedagogy of Beneficiary Accountability int he Representation of Social Justice Non-Profit Organizations
Amber Baylor & Daria Fisher Page (
PDF
)
Bridging the Secular-Religious Divide with Assistance From The Buddha
James G. Wilson (
PDF
)
An Inquiry Into White Supremacy, Sovereignty, and the Law
David P. Waggoner (
PDF
)
Countering Neoliberalism and Aligning Solidarities: Rethinking Domestic Violence Advocacy
Deborah M. Weissman (
PDF
)
Articles
The "Romeo Juliet" Scenario in the Aftermath Johnson V. Superior Court
Laura Arnold (
PDF
)
Returning to Rutherford: A Call to California Courts to Rejoin the Legal Mainstream and Require Causation be Proved in Asbestos Cases Under Traditional Torts Principles
Jason Litt, Emily Cuatto, & Jessica Di Palma (
PDF
)
Copyright 2016 Southwestern Law Review
Vol. 45, No. 3, Spring 2016
Symposium
453
Keynote Address (
PDF
)
Lisa M. Schenck
461
Throwaway Children: The Tragic Consequences of a False Narrative (
PDF
)
Catherine L. Carpenter
495
Two For One: The Ethical Pursuit of Justice in the Military, and Battlefield Success, Through Joint Prosecutorial Decisions (
PDF
)
Rachel VanLandingham & Geoffrey Corn
523
"Just the Facts, Ma'am": How Military Appellate Courts Rely on Factual Sufficiency Review to Overturn Sexual Assault Cases When Victims are "Incapacitated" (
PDF
)
Lisa M. Schenck
561
Fearing the Dark: The Use of Witchcraft to Control Human Trafficking Victims and Sustain Vulnerability (
PDF
)
Luz. E. Nagle & Bolaji Owasanoye
595
The Punishment of Islamic Sex Crimes in a Modern Legal System the Islamic Qanun of Aceh, Indonesia (
PDF
)
Mark Cammack
Articles
631
Mapping Inter-Organizational Boundary Bureaucracy and the Need for Oversight (
PDF
)
Bobbi Jo Boyd
719
State "Right to Try" Acts: A Good Start, But a Federal Act is Necessary (
PDF
)
Ellen A. Black
Notes and Comments
756
Asteroidae Naturae: What it Takes to Capture an Asteroid (
PDF
)
Michael Jensen
Copyright 2016 Southwestern Law Review
Vol. 45, No. 2, Spring 2016
Articles
241
Beyond Preemption of Generic Drug Claims (
PDF
)
Eric Lindenfeld & Jasper L. Tran
257
Eye of the Beholder: The Wrongful Conviction of Charles Milles Manson (
PDF
)
Carrie Leonetti
333
Entertainers Beware - You May Have Less Insurance Coverage Than You Think (
PDF
)
Edwin F. McPherson
Notes and Comments
351
Trustless Property Systems and Anarchy: How Trustless Transfer Technology Will Shape the Future of Property Exchange (
PDF
)
Edward D. Baker
379
"Hide and Go Seek" Information Policies at the Nuclear Regulatory Commission: Attaining Improved Public Disclosure Could Avert a Nuclear Catastrophe (
PDF
)
Cassady S. Davidson
407
Taking Biosimilars to the Next Level: Why Federalizing the Substitution of Biosimilars Promotes Innovation, Competition, and Patient Safety (
PDF
)
Daniel Kadin
437
Punitive Damages for Texting While Driving (
PDF
)
Gregory Selarz
Copyright 2016 Southwestern Law Review
Vol. 45, No. 1, Spring 2016
Articles
1
The U.S. Constitution as Icon: Re-Imagining the Sacred Secular in the Age of User-Controlled Media (
PDF
)
Michael M. Epstein
27
Legal Thinking, the Adversarial, Process and Exonerating Innocent Defendants: A Socio-Legal View of the Wrongful Conviction Process (
PDF
)
Gary Kowaluk
49
Metaphysical Univocity and the Immanent Frame: Defending Religious Liberty in a Secular Age? (
PDF
)
Harry G. Hutchison
Notes and Comments
115
When the Needs of the Many Outweigh the Needs of the Few: How Logic Clearly Dictates the First Amendment's Use as a Defense to Copyright Infringement Claims in Fan-Made Works (
PDF
)
Melissa Anne Agnetti
165
"The Taste of Any Public": How Intellectual Property Law Illuminates the Failings of the
Miller
Test (
PDF
)
Lindsey M. Hay
219
The State Secrets Privilege: Alternative Remedies in Cases of Torture Abroad (
PDF
)
Ashley Scott
Copyright 2016 Southwestern Law Review
Vol. 44, No. 4, Fall 2015
Articles
621
From Precarity to Positive Freedom: Classcrits at Seven Classcrits VII Symposium Introduction (
PDF
)
Angela P. Harris
635
Framing Elite Consensus, Ideology and Theory & A Classcrits Response (
PDF
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Athena D. Mutua
669
Community Planning, Sharing Law and the Creation of Intentional Communities: Promoting Alternative Economies and Economic Self-Sufficiency Among Low-Income Communities (
PDF
)
Elizabeth L. Carter
699
Precarious Existence and Capitalism: A Permanent State of Exception (
PDF
)
Tayyab Mahmud
727
Toward a More Perfect Union?: The Danger of Conflating Progress and Equality (
PDF
)
Leo P. Martinez
749
The Jurisprudence of White Supremacy: Inter Caetara, Johnson v. M'intosh and San Antonio Independent School District v. Rodriguez (
PDF
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David P. Waggoner
Copyright 2015 Southwestern Law Review
Vol. 44, No. 3, Fall 2015
Symposium
Locking Up Females, Failing to Protect Them, and Punishing Their Children & Families
A SYMPOSIUM HONORING THE WORK OF PROFESSOR MYRNA S. RAEDER
Foreword
443
In Honor of Professor Myrna Raeder (
PDF
)
Isabelle R. Gunning
Articles
448
Margaret Brent Award Speech (
PDF
)
Myrna Raeder
454
Unlocking Doors: Reflections on Myrna Raeder's Generativity and Generosity (
PDF
)
Judith Resnik
466
Forfeiture of Confrontation Rights and the Complicated Dynamics of Domestic Violence: Some Thoughts Inspired by Myrna Raeder (
PDF
)
Aviva Orenstein
484
Propensity Evidence in Cases of Woman Abuse: An Essay in Memory of Professor Myrna Raeder (
PDF
)
Marina Angel
496
Honoring and Celebrating Myrna Raeder (
PDF
)
Brett Dignam
508
Ambiguous-Purpose Statements of Children and Other Victims of Abuse Under the Confrontation Clause (
PDF
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Paul F. Rothstein
553
You Can't Run From the Police!: Developing a Feminist Criminology that Incorporates Black Transgender Women (
PDF
)
Angela Irvine
562
Locating the Criminal: Civil Sanctions, Sexual Abuse, and the American Family (
PDF
)
Bela August Walker
Notes and Comments
599
Stop Punishing the Victim: Why California Should Reform its Current Prostitution Laws and Adopt the Swedish Approach to Combat Sex-Trafficking (
PDF
)
Emma Lord
Copyright 2015 Southwestern Law Review
Vol. 44, No. 2, Spring 2015
Nancy Kim's Wrap Contracts Symposium
209
Foreword (
PDF
)
Robert A. Hillman
215
Escaping Toxic Contracts: How We Have Lost the War on Assent in Wrap Contracts (
PDF
)
Daniel D. Barnhizer
231
Norm Shifting By Contract (
PDF
)
Zev J. Eigen
239
Against Contractual Authoritarianism (
PDF
)
Shubha Ghosh
251
Form & Substance in Nancy Kim's Wrap Contracts (
PDF
)
Danielle Kie Hart
265
Challenging the Law Online Southwestern Law Review Symposium on Nancy Kim's Wrap Contracts (
PDF
)
Allyson Haynes Stuart
275
Notice, Assent, and Form in a 140 Character World (
PDF
)
Juliet M. Moringiello
285
Wraps and Copyrights (
PDF
)
Deborah Tussey
297
Preserving Substantive Unconscionability (
PDF
)
Dov Waisman
309
The Wrap Contract Morass (
PDF
)
Nancy S. Kim
Articles
327
California Putative Spouses: The Innocent, The Guilty, and The Law (
PDF
)
Helen Chang
365
The Sharing Economy: How State and Local Governments are Failing and Why We Need Congress to Get Involved (
PDF
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Josh Krauss
385
Facebook: The New Town Square (
PDF
)
Trevor Puetz
411
Cleaning House With Rule 41(B): An Empirical Study of the Multi-Factor Tests for Involuntary Dismissals (
PDF
)
Almara Sepanian
Copyright 2015 Southwestern Law Review
Vol. 44, No. 1, Spring 2015
Articles
1
FDA Involvement in Off-Label Use: Debate Between Richard Epstein and Ryan Abbott (
PDF
)
Richard Epstein & Ryan Abbott
27
Title VII: Discriminatory Use of Test Scores Watchdog Evolution of the Regulation Over Employment Test Score Usage from 703(H) to 703(L) (
PDF
)
Matthew E. Blakely
Notes and Comments
59
I'll Be Your Mirror: Broadening the Concept of Trademark Joint Ownership to Reflect the Developing Collaborative Economy (
PDF
)
Matthew A. Alsberg
97
It's Time to SLAPP Back: Why California's Anti-SLAPP Statute Should Not Apply in Federal Court (
PDF
)
Caleb P. Lund
127
Re-Think Your Ink: Tattoos and Tattooing as a Substantive Due Process Issue (
PDF
)
Danielle S. Krauthamer
149
Combatting Multiforum Shareholder Litigation: A Federal Acceptance of Forum Selection Bylaws (
PDF
)
Robert Borowski
175
Don't Sue Me, I Was Just Lawfully Texting & Drunk When My Autonomous Car Crashed Into You (
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Orly Ravid
Copyright 2015 Southwestern Law Review
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New Frontiers in Torts: The Challenges of Science, Technology, and Innovation
Immigration in the Trump Era
Modern Implications of the Laws of War
Stuck in Forward? Debt, Austerity and the Possibilities of the Political, a ClassCrits Workshop
40 Years of LGBT Legal Activism - Taking Stock and Looking Ahead
CERCLA and the Future of Liability-Based Environmental Regulation
Beyond Borders - Extraterritoriality in American Law
Bankruptcy in the New Millennium
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Current Issue
Vol. 53, No. 2, Spring 2025
Essays
Table of Contents
201
Beyond Separation: Troubling the Notion of Corruption and Turning the Criminalization Lens on Care Itself
Wendy A. Bach
207
“Care as a Smokescreen” and the Criminalization of Young People
Beth Caldwell
218
Burdensome Care
Kelley Fong & Mical Raz
226
Banning Abortion, Corrupting Care: Impacts on Providers
Lisa C. Ikemoto
242
Punishment as Care: A Discussion of Wendy Bach’s Prosecuting Poverty, Criminalizing Care
Kerwin Kaye
266
The Deep Roots and Wide Reach of Combining Punishment and Care
Tine Lee
277
Diagnosing the Carceral State: A Review of Prosecuting Poverty, Criminalizing Care, By Wendy Bach
Judah Schept
286
Every Hospital is Ferguson v. City of Charleston
Ji Seon Song
Notes and Comments
304
An Inevitable Truism: Regulating Autonomous Vehicles as a “Sale of Goods” Under Article 2 of the Uniform Commercial Code
Zareh Bursalyan
320
A Path Back to Lawful Abortion: Transgender Men and the Immutable Characteristic of a Suspect Class
Jenna Karvunidis
344
Safe Injection Sites: Not a Panacea for the Drug Crisis, but a Sound Idea
Aram M. Zohrabian
Recent Issues
Vol. 53, No. 1, Fall 2025
Essays
i
Table of Contents
1
Foreword
Danielle M. Conway
15
Covid Caregiving
Meera E. Deo
46
COVID-19 Pandemic and Law Student Caregiving
Chad Christensen and Jacquelyn Petzold
61
Pandemic Innovation
Brian R. Gallini
76
Impact of the COVID-19 Care Crisis for Student Parents in Higher Education
Tina Cheuk and Maya Valree
100
A COVID-19 Education
Katyayani Suhrud
110
Caring for the Caregivers: Reimagining Institutional Recognition of Caregiving Work After the COVID Care Crisis
Shruti Rana
129
Return of the Sage (On the Stage)?
Debra Moss Vollweiler
Notes and Comments
154
Compensate the Work in the Work of Art: Implementing the Artist’s Resale Right in America
Samantha Williger
169
Can an AI Author Make Billboard’s “Hot 100” List? The Future in AI and Why the Music Industry Should Be Paying Attention
Tara Kooklanfar
184
Reshaping the Framework Around Liability For Social Media Companies: How Their Ai Algorithms Can Lead to Products Liability Claims
Marie Randazzo
Vol. 52, No. 3, Spring 2024
Essays
i
Table of Contents (
)
351
Concluding the Restatement (Third) of Torts: An Introduction (
)
Byron G. Stier and Christopher J. Robinette
358
A Brief Introduction to the American Law Institute and the Restatements of Torts (
)
Hon. Goodwin H. Liu
364
The American Law Institute and the Restatement (Third) of Torts: Presentation of Michael Green (
)
Michael D. Green
369
Tort Theory and the Restatement, in Retrospect (
)
Keith N. Hylton
399
Is the Third Restatement of Design Defect a Defective Product? (
)
Gregory C. Keating
428
The Role of Tort Theory in the Third Restatement of Torts: An Explanation and Defense (
)
Kenneth W. Simons
444
Tort Theory and the Restatements: Presentation of Catherine Sharkey (
)
Catherine M. Sharkey
450
Informed Consent in the Restatement of Medical Malpractice (
)
Mark A. Hall
465
Modernizing the Medical Malpractice Standard of Care (
) Philip G. Peters, Jr.
478
Informed Consent in the New Restatement on Medical Malpractice: A Friendly Critique (
)
Nina A. Kohn
484
Keynote Symposium Presentation of Brian Panish and Jesse Creed (
)
Brian Panish and Jesse Creed
493
The Equity of Tort Claims for Medical Monitoring (
)
Mark A. Geistfeld
512
The Restatement (Third) of Torts Proposes Abandoning Tort Law’s Present Injury Requirement to Allow Medical Monitoring Claims: Should Courts Follow? (
)
Victor E. Schwartz and Christopher E. Appel
543
Trauma Damages (
)
Martha Chamallas
580
Why Courts Should Continue to Reject Innovator Liability Theories that Seek to Hold Branded Drug Manufacturers Liable for Generic Drug Injuries (
)
Mark A. Behrens and Christopher E. Appel
607
Damages: Symposium Presentation of Anthony Sebok (
)
Anthony J. Sebok
615
Damages: Symposium Presentation of Ibiere Seck (
)
Ibiere N. Seck
618
Damages and Trial Practice: Symposium Presentation of Judge Kevin Brazile (
)
Hon. Kevin C. Brazile
Notes and Comments
623
“Remain in Mexico” Policy and Its Progeny: Is There Hope? (
)
Elena V. Cordonean
645
Don’t Go Down that Aisle: Circuit Courts’ Problematic Interpretation of Sentencing Enhancements and the Need for Change (
)
Peter S. Demerdjian
661
How Conservatorships are “Toxic” for Women’s Reproductive Rights (
)
Kristin A. Strange
Vol. 52, No. 2, Spring 2023
i
Table of Contents (
)
191
Foreword (
)
Lloyd L. Lee
199
Reflections on Place and People from Within (
)
M. Alexander Pearl
208
Thoughts on
A Nation Within
’s Discussion of the Navajo Nation’s Water Rights (
)
Adam Crepelle
217
Tribal Self-Determination and
A Nation Within
(
)
Angela R. Riley
226
Ma’ii and Nanaboozhoo Fistfight in Heaven (
)
Tamera Begay and Mathew L.M. Fletcher
239
Reform in the Fifth World (
)
Jessica A. Shoemaker
255
The Reports of My Death Are Greatly Exaggerated: The Continued Vitality of
Worcester v. Georgia
(
)
Dylan R. Hedden-Nicely
271
The Nation Within: Prospects for an Indigenous Future (
)
Wendy S. Greyeyes
281
Afterword: With Gratitude (
)
Ezra Rosser
Notes and Comments
293
Double Taxation on the Rise: Addressing Double State Income Tax for Remote Workers (
)
Matthew Behboud
308
Supreme Court Ethics Regulation: Amending the Ethics in Government Act of 1978 to Address Justices’ Unethical Behavior (
)
April Rivera
330
Lyrical Murderers: Why We Should Think Twice Before Admitting Rap Lyrics in Criminal Cases (
)
Bryse K. Thornwell
Vol. 52, No. 1, Fall 2022
i
Table of Contents (
)
1
Foreword: Beginning with Admitting Inhumanity (
)
Martha Minow
9
Truth, Healing, Empowerment: Eric Yamamoto on Reparative Justice for the People of Jeju (
)
Natsu Taylor Saito
20
Accountability for the Harms of Indigenous Boarding Schools: The Challenge of “Healing the Persisting Wounds” of “Historic Injustice” (
)
Rebecca Tsosie
40
Bringing to Light: Reflections on Professor Yamamoto’s “Social Healing Through Justice” and the Potential of the California Truth & Healing Council (
)
Margaret M. Russell
50
A Social Healing Approach to Native Hawaiian Claims: Law and Resistance at Maunakea (
)
Susan K. Serrano
67
Pūpūkahi I Holomua: Critical Lessons of
Social Healing Through Justice
for Native Hawaiians Redress in Canada and Its Human Rights Legacy (
)
Troy J.H. Andrade
81
Redress in Canada and Its Human Rights Legacy (
)
Greg Robinson
95
Human Rights Law and Social Healing Through Justice for Cheju Massacres (1947-1954): The United States’ Unlawful Acts and Omissions (
)
Sang-Soo Hur
111
Jeju Peace, Education, and Reconciliation: Continued Challenges Relating to the Jeju 4.3 Tragedy (
)
Kunihiko Yoshida
126
What Jeju 4.3 Survivors and Families Can Learn from the Global South in Seeking Justice from an Empire (
)
Ruben Carranza
141
Afterword: International Reparations: What Justice Amends Can and Should There Be? (
)
Eric K. Yamamoto
Notes and Comments
161
Your Secret Cell Phone Passcode May Not Be a Secret for Long: The Uncertainty of Compelled Password Production (
)
Michael Seager
174
Katz
in the Digital Age: Why the
Katz
Subjective Prong Must Be Restrengthened (
)
Ash Wold
Vol. 51, No. 1, Fall 2021
i
Table of Contents (
)
1
Foreword (
)
Justice (Ret.) Gary Hastings
9
Videoconferencing and Legal Doctrine (
)
Scott Dodson
20
Empathy and Remote Legal Proceedings (
)
Susan A. Bandes & Neal Feigenson
40
Online Jury Selection: New Tools for Jury Trials (
)
Jeffrey T. Frederick
63
Bearing Witness to, Well, Witnesses: An Examination of Remote Testimony Versus In-Court Testimony (
)
Karen Lisko
71
Civil Jury Trials by Zoom: We're All Plugged into One World Now (
)
Ted A. Donner
91
Access to Justice in a Time of COVID (
)
Douglas G. Carnahan
107
The Constitutionality of Remote Trials (
)
Norman M. Garland
116
The Online Criminal Trial as a Public Trial (
)
Stephen E. Smith
133
Prosecutorial Dilemmas amid the Pandemic and Online Jury Trials (
)
Brandon Marc Draper
142
Mediation in the COVID-19 Era: Is Online Mediation Here to Stay? (
)
Kristi J. Paulson
Notes and Comments
156
Hero and Villain: The Defense Production Act in the Era of COVID-19 (
)
Ariel F. Coto
174
Independent Character Copyrightability and the Implications of DC Comics v. Towle: Formulating a Framework Based on the Realities of Character Construction (
)
Eric Naessig
Vol. 50, No. 3, Fall 2022
i
Table of Contents (
)
397
Foreword: Widening the Lens of Justice: Unmasking the Layers of Racial and Social Inequality (
)
Isabelle R. Gunning
407
The Death Penalty and Race and How the Ultimate Punishment Highlights the Flaws in Our Criminal Justice System (
)
Kenneth Williams
419
Real Justice for Breonna: Re-Envisioning Knock-and-Announce (
)
Njery Mathis Rutledge
437
Growing Concerns About Spatial Inequality Related to the COVID-19 Economy: Reflections on Place Based Policies (
)
Kenya L. Covington
463
New Steps Toward Environmental Justice: The California Coastal Act and Environmental Justice Near Ports (
)
Heather Kryczka, Natalia Ospina & Taylor Thomas
509
Partisan Gerrymandering as a Threat to Multicultural Democracy (
)
Bertrall L. Ross
Notes and Comments
526
Strictly Speaking: Transforming Fair Users From Defendants to Copyright Holders (
)
Aleeza Marashlian
Vol. 50, No. 2, Spring 2021
i
Table of Contents (
)
208
Moving Forward (
)
Chacon, Jennifer M.
218
Relief and Statutes of Limitation for Deportable Noncitizens under Asian Exclusion, 1882-1948 (
)
Chin, Gabriel J.
231
(Un)Equal Immigration Protection (
)
Rosenbaum, Carrie L.
263
Activism, Identity and Rights in Deportee Communities (
)
Saucedo, Leticia M.
275
The Impacted Immigration Lawyer in the Era of Trump: Empathy, Wellbeing, and Sustainable Lawyering (
)
Vazquez, Julia
296
Culture and Borders: Place and Self (
)
Vigil, Diego
305
Immigration Law Lessons from Deported Americans: Life after Deportation to Mexico (
)
Johnson, Kevin R.
319
Laying the Legal Foundation for a Right to Stay in Deported Americans (
)
Shah, Ragini
333
Learning from Deported Americans (
)
Eagly, Ingrid
342
Deportation in the Shadows of Due Process: The Dangerous Implications of DHS v. Thuraissigiam (
)
Kanstroom, Daniel
359
Reflections on the Right to Move Freely across Borders (
)
Caldwell, Beth
372
Empowering Immigration Judges to Sanction Attorneys Abusing the Powerless (
)
Bran, Abraham Estuardo
Vol. 50, No. 1, Spring 2021
i
Table of Contents (
)
1
All Except for: Animus That Drives Exclusions in Criminal Justice Reform (
)
Carpenter, Catherine L.
44
Banishing 'Sex Offenders': How Meaningless Language Makes Bad Law (
)
Hamilton-Smith, Guy
70
Advocating for 290 Registrants in the Era of Coronavirus and Court Closures (
)
Bellucci, Janice M.; Morse, Carlton
91
Moral Dimensions of Warfare (
)
Qureshi, Waseem Ahmad
Notes and Comments
129
The Problem with Johnson and Lemond: Irreconcilable Science and the Brady-Napue No-Man's Land (
)
Hyman, Andy
151
Testing the Scope of Status (
)
Jansson, Erica L.
179
An Illusion of Choice: Defunding the Right to Choose (
)
Rutenberg, Meg
Vol. 49, No. 3, Spring 2021
i
Table of Contents (
)
348
Dedication (
)
Byron G. Stier
349
New Frontiers in Tort Law and the Challenges of Science, Technology & Innovation: An Introduction (
)
Byron G. Stier
362
Holistic Tort Theory (
)
Alan Calnan
378
Rendering Justice in Key Areas of Tort Law in the Next Decade (
)
Victor E. Schwartz
390
Outgunned No More?: Reviving a Firearms Industry Mass Tort Litigation (
)
Linda S. Mullenix
436
The Rule of Science and the Rule of Law (
)
Mark S. Behrens; Andrew J. Trask
455
Brave New World: Technology and Tort Practice (
)
Richard Marcus
462
Incorporating an Actual Malice Exception to Section 230 of the Communications Decency Act (
)
Christopher J. Robinette; Shannon N. Costa
478
Torts: Past, Present, and Future - Presentation of Brian Panish (
)
Brian Panish
483
Torts: Past, Present, and Future - Presentation of Victor Schwartz (
)
Victor Schwartz
487
New Developments in Tort Litigation: Presentation of Francis McGovern (
)
Francis McGovern
492
The Education of the Judiciary: The Sciences Addressing Disease Causation (
)
Michael Green
504
New Means of Financing Tort Lawsuits and Law Firms: Presentation of Professor Anthony Sebok (
)
Anthony Sebok
511
New Means of Financing Tort Lawsuits and Law Firms: Presentation of James Fischer (
)
James Fischer
Notes and Comments
518
Bringing Lenders Back to the Game: Harmonizing Access to Affordable Housing While Protecting Your Tax Dollars from Fraud Notes and Comments (
)
Brandon Faus
537
The Paradox of S.B. 1421: A New Tool to Shed Light on Police Misconduct and a Perverse Incentive to Cover It up Notes and Comments (
)
Carina Miller
Vol. 49, No. 2, Spring 2020
189
On The Value of Teddy Bears and Barbie Dolls: The Place of Children's Transitional Objects in Family Law (
)
Benjamin D. Garber & Dana E. Prescott
215
Pornography as a Tool for Perpetuation of Gender Hierarchy: The United States as a Case Study (
)
Limor Ezioni
243
Attorney-Client Sexual Relationships in the #METOO Era: Understanding Current State Approaches and Working Towards a Better Rule (
)
Casey W. Baker, J.D.
271
The Changing Face of Warfare in the Hi-Tech World (
)
Dr. Waseem Ahmad Qureshi
309
The Harsh Reality of Rule 8(A)(2): Keeping the
TWIQBAL
Pleading Standard Plausible, Not Pliable (
)
Kelsey Finn
330
Funk Brothers, Myriad
, & Products of Nature: How a Lack of Understanding Scientific Principles is Damaging the Patent System (
)
Jared M. Graff
Vol. 49, No. 1, Spring 2020
1
The Precarious Position of the Fourth Estate in Trumptopia: The Role of Popular Culture and the Law in Protecting Media Freedom (
)
Professor Taylor Simpson-Wood
57
Thieves in the Night? Pre-deprivation Requirements for Removal of Homeless Persons' Property from Public Areas (
)
Tim Donaldson
93
The Agony & the Ecstasy of #MeToo: The Hidden Costs of Reliance on Carceral Politics (
)
Guy Hamilton-Smith
122
Burning Down the House? Ben Carson and U.S. Housing Policy (
)
Brendan Williams
144
I Wish I Knew Then What I Know Now: Looking to the Objective Science in Evaluating Juveniles' (In)Competency. (
)
Tina M. Robinson
169
Updating the Law to Keep Pace with Newsfeeds and Online Victimization: The Need for Limited Access to Sex Offenders' Online Identifiers (
)
Jaynee Mathis
Vol. 48, No. 3, Fall 2019
[i]
Table of Contents (
)
457
Immigration in the Trump Era: Introduction (
)
Beth Caldwell
463
Judicial Review and the Immigration Laws Immigration in the Trump Era: Keynote (
)
Kevin R. Johnson
475
Trump's Immployment Law Agenda: Intensifying Employment-Based Enforcement and Un-Authorizing the Authorized Immigration in the Trump Era (
)
Kati L. Griffith; Shannon Gleeson
503
Sanctuary States Immigration in the Trump Era (
)
Rose Cuison Villazor; Alma Godinez-Navarro
525
Looking Ahead at Vagueness Claims in the Immigration Context Post-Dimaya Immigration in the Trump Era (
)
Jennifer Lee Koh
531
The Struggle for Equality: Women's Rights, Human Rights, and Asylum Protection Immigration in the Trump Era (
)
Karen Musalo
539
Some Preliminary Thoughts on Dimaya Immigration in the Trump Era (
)
Gabriel Chin
545
Rethinking the FTC's Role and Abilities in Protecting Consumer Data in the Wake of the Equifax Breach Notes and Comments (
)
Giordan Roque
571
Get Prepared for Class: The Case for Requiring Reasonable Ascertainability for Class Action Certification in the Ninth Circuit Notes and Comments (
)
Gevork Gazaryan
595
Injury from within: Toward an Unmodified Duty for Negligent Infliction of Emotional Distress Notes and Comments (
)
Xhesi Hysi
Vol. 48, No. 2, Fall 2019
199
Contextualizing Mindfulness: Foundations, Practice Guidance, And Cultural Implications (
)
Diana Winston
207
Self-Mastery: The Pathway To Peak Performance And Well-Being In The Law (
)
Jarrett A. Green, Esq., M.A. & Rebecca A. Simon, Esq.
241
Can Mindfulness Help Law Students With Stress, Focus, And Well-Being? An Empirical Study Of 1Ls At A Midwestern Law School (
)
Richard C. Reuben & Kennon M. Sheldon
267
Mindful Engagement And Relational Lawyering (
)
Susan L. Brooks
295
Integrating Positive Psychology Into Legal Education (
)
R. Lisle Baker
329
Using Mindfulness Meditation To Foster Reflection In Externships (
)
Alison Lintal
343
Cultivating A 'Reflective Approach' To The Practice Of Law: The Use Of Meditation In Legal Education (
)
Anthony Cullen
351
Mindful Mediation (
)
Brian A. Pappas
367
The Virtue Of Vulnerability (
)
Nathalie Martin
381
Mindfulness As Resistance (
)
Tim Iglesias
401
Mindfulness In Legal Ethics And Professionalism (
)
Peter H. Huang
413
The Gilded Octagon: Unionization To Give Mixed Martial Artists A Fighting Chance Against The UFC's Coercive Contracts (
)
Madelynn A. Hefner
437
Protecting Our Genetic Code: Can Copyright Succeed Where Patents Have Failed? (
)
William Dietz
Vol. 48, No. 1, Spring 2019
1
The Evidentiary Issue Crystalized By The Cosby and Weinstein Scandals: The Propriety Of Admitting Testimony About An Accused's Uncharged Misconduct Under The Doctrine Of Objective Chances To Prove Identity (
)
Edward J. Imwinkelried
37
Judicial Activism In The First Decade Of The Roberts Court: Six Activism Measures Applied (
)
Warren S. Grimes
81
Tribal (De)termination? Commercial Speech, Native American Imagery And Cultural Sovereignty (
)
Jason Zenor
105
"The State Is Not Omnipresent In The Home": Mandatory Firearm Ownership Laws And The Constitution (
)
Nathaniel Ament-Stone
133
The Political Advantage Of Medicare Advantage (
)
Brendan Williams
151
The Office Of Legal Counsel Juggernaut: No One Is Above The Law (
)
Susan Frontiera
173
Rapp Snitch Knishes: The Danger Of Using Gangster Rap Lyrics To Prove Defendants' Character (
)
Luke Walls
Vol. 47, No. 2, Spring 2018
291
Keynote Address: Fake News, Weaponized Defamation and the First Amendment (
)
Erwin Chemerinsky
297
Fake News & Film: How Alternative Facts Influence the National Discourse (
)
Jeremy Geltzer
335
The Economics of Weaponized Defamation Lawsuits (
)
David J. Acheson & Dr. Ansgar Wohlschlegel
385
Responsible Communication and Protection of Public Participation: Assessing Canada's Newest Public Interest Speech Protections (
)
Hilary Young
417
Responding to "Fake News": Is There an Alternative to Law and Regulation? (
)
David Goldberg
449
Take the Gatekeepers to Court: How Marijuana Research Under a Biased Federal Monopoly Obstructs the Science-Based Path to Legalization (
)
Jasen B. Talise
471
State Standing: Watering Down Article III With Special Solicitude (
)
Rosio Flores
Vol. 47, No. 1, Fall 2017
1
A Sign of Hope: Shifting Attitudes on Sex Offense Registration Laws (
)
Catherine L. Carpenter
2
Timeline of a Panic: A Brief History of Our Ongoing Sex Offense War (
)
Emily Horowitz
3
On Holy Ground: Church Sanctuary in the Trump Era (
)
Valerie J. Munson
4
Discriminating Gender: Legal, Medical, and Social Presumptions About Transgender and Intersex People (
)
Janet Dolgin
5
The American Aversion to Ties in Sport and Intercollegiate Wrestling's Labyrinthine Tiebreaker Rules (
)
Ilhyung Lee
6
When Social History Becomes a Constitution: The Bolivian Post-Liberal Experiment and the Central Role of History and Intent in Constitutional Adjudication (
)
Jorge Farinacci-Fernós
7
From Arlington to Tennessee: The Beginnings of a Chevron Deference Farewell Tour? (
)
Carlos A. Hernandez
8
The Need For Songwriters' Control: A Proposal to Prevent Unwanted Uses of Musical Compositions at Political Rallies (
)
Taylor L. Condit
9
Augmented Reality Incitement: How the Creator of Pokémon Go, and Those Who Follow, are Open to Tortious Liability (
)
Jamison Tyler Gilmore
10
Eradicating the Plague: Charging and Sentencing Domestic Violence Offenders Using Science, Not Tradition (
)
Mina Elmasry
11
What's Going on Hair?: Untangling Societal Misconceptions That Stop Braids, Twists, and Dreads From Receiving Deserved Title VII Protection (
)
Venessa Simpson
Vol. 46, No. 3, Spring 2017
327
Keynote: The Modern Laws of War (
)
General John R. Allen, USMC, (ret).
337
A Matter of Policy: United States Application of the Law of Armed Conflict (
)
Chris Jenks
355
International Law Applies to Cyber Warfare! No What? (
)
Gary D. Brown
379
Command Responsibility in the Twenty-First Century: The United States Basic Framework and Future Military (and Quasi-Military) Operations (
)
Joshua E. Kastenberg
401
Accountability in the Colombian Peace Agreement: Are the Proposed Sanctions Contrary to Colombia's International Obligations? (
)
Claudia Josi
423
Reasonably Accommodating Employees with Mental Health Conditions by Putting Them Back to Work (
)
Lauren Fierro
445
Bullying Beyond the Schoolhouse Gate: How School Districts can Constitutionally Regulate Off-Campus Cyberspeech (
)
Katrina V. Berroya
469
Breaking News and Breaking the Law: Reining in California's Criminalization of Paparazzi and the Intent to Photograph (
)
Emily A. Rehm
489
More Bang for the Buck: "Freaks" and the Intimitate-Sex-For-Money License (
)
Aron Hier
Vol. 46, No. 2, Spring 2017
217
Introduction (
)
Evan J. Mandery
219
Choosing Life: Reflections on the Movement to End Capital Punishment (
)
Stephen Rohde
253
Why the Death Penalty is Slowly Dying (
)
Kenneth Williams
275
Gregg
at 40(
)
Evan J. Mandery
303
Capital Punishment is Constitutional, and a "Cruel and Unusual Punishment." Now. For Now. (
)
Darren A. Reid
Vol. 46, No. 1, Fall 2016
Articles
Substantial Burdens in the Law
R. George Wright (
)
Can Constitutional Drafter See the Future? No, and It's Time We Stop Pretending They Can
Andrew Friedman (
)
Too Many Cooks Spoil the Cake, and Too Many Statutes Spoil the LLC: A Plea for Uniformity
Carol Goforth (
)
Notes and Comments
Close The Homeopathic Loophole: Require Homeopathic Medications To Prove Their Effectiveness
Roy C. Manukyan (
)
Inter Partes Review: Should Hedge Fund Managers Be Able to Profit From Challenging a Patent’s Validity?
Sherron Wiggins (
)
Copyright Owners Take on the World (Wide Web): A Proposal to Amend the DMCA Notice and Takedown Procedures
Megan Smallen (
)
Competitive Advantage: The Actions ESPN Must Take in Order to Maintain a Leadership Position in the Wake of Cable Un-bundling
Matthew Edwards (
)
Copyright 2016 Southwestern Law Review
Vol. 45, No. 4, Spring 2016
ClassCrits VIII
Emerging Coalitions: Challenging the Structures of Inequality
Foreword
Wendy A. Bach & Lucy Jewel (
)
CRITICAL RACE THEORY, TRANSFORMATION AND PRAXIS
Kim E. Clark (
)
Developing a Pedagogy of Beneficiary Accountability int he Representation of Social Justice Non-Profit Organizations
Amber Baylor & Daria Fisher Page (
)
Bridging the Secular-Religious Divide with Assistance From The Buddha
James G. Wilson (
)
An Inquiry Into White Supremacy, Sovereignty, and the Law
David P. Waggoner (
)
Countering Neoliberalism and Aligning Solidarities: Rethinking Domestic Violence Advocacy
Deborah M. Weissman (
)
Articles
The "Romeo Juliet" Scenario in the Aftermath Johnson V. Superior Court
Laura Arnold (
)
Returning to Rutherford: A Call to California Courts to Rejoin the Legal Mainstream and Require Causation be Proved in Asbestos Cases Under Traditional Torts Principles
Jason Litt, Emily Cuatto, & Jessica Di Palma (
)
Copyright 2016 Southwestern Law Review
Vol. 45, No. 3, Spring 2016
Symposium
453
Keynote Address (
)
Lisa M. Schenck
461
Throwaway Children: The Tragic Consequences of a False Narrative (
)
Catherine L. Carpenter
495
Two For One: The Ethical Pursuit of Justice in the Military, and Battlefield Success, Through Joint Prosecutorial Decisions (
)
Rachel VanLandingham & Geoffrey Corn
523
"Just the Facts, Ma'am": How Military Appellate Courts Rely on Factual Sufficiency Review to Overturn Sexual Assault Cases When Victims are "Incapacitated" (
)
Lisa M. Schenck
561
Fearing the Dark: The Use of Witchcraft to Control Human Trafficking Victims and Sustain Vulnerability (
)
Luz. E. Nagle & Bolaji Owasanoye
595
The Punishment of Islamic Sex Crimes in a Modern Legal System the Islamic Qanun of Aceh, Indonesia (
)
Mark Cammack
Articles
631
Mapping Inter-Organizational Boundary Bureaucracy and the Need for Oversight (
)
Bobbi Jo Boyd
719
State "Right to Try" Acts: A Good Start, But a Federal Act is Necessary (
)
Ellen A. Black
Notes and Comments
756
Asteroidae Naturae: What it Takes to Capture an Asteroid (
)
Michael Jensen
Copyright 2016 Southwestern Law Review
Vol. 45, No. 2, Spring 2016
Articles
241
Beyond Preemption of Generic Drug Claims (
)
Eric Lindenfeld & Jasper L. Tran
257
Eye of the Beholder: The Wrongful Conviction of Charles Milles Manson (
)
Carrie Leonetti
333
Entertainers Beware - You May Have Less Insurance Coverage Than You Think (
)
Edwin F. McPherson
Notes and Comments
351
Trustless Property Systems and Anarchy: How Trustless Transfer Technology Will Shape the Future of Property Exchange (
)
Edward D. Baker
379
"Hide and Go Seek" Information Policies at the Nuclear Regulatory Commission: Attaining Improved Public Disclosure Could Avert a Nuclear Catastrophe (
)
Cassady S. Davidson
407
Taking Biosimilars to the Next Level: Why Federalizing the Substitution of Biosimilars Promotes Innovation, Competition, and Patient Safety (
)
Daniel Kadin
437
Punitive Damages for Texting While Driving (
)
Gregory Selarz
Copyright 2016 Southwestern Law Review
Vol. 45, No. 1, Spring 2016
Articles
1
The U.S. Constitution as Icon: Re-Imagining the Sacred Secular in the Age of User-Controlled Media (
)
Michael M. Epstein
27
Legal Thinking, the Adversarial, Process and Exonerating Innocent Defendants: A Socio-Legal View of the Wrongful Conviction Process (
)
Gary Kowaluk
49
Metaphysical Univocity and the Immanent Frame: Defending Religious Liberty in a Secular Age? (
)
Harry G. Hutchison
Notes and Comments
115
When the Needs of the Many Outweigh the Needs of the Few: How Logic Clearly Dictates the First Amendment's Use as a Defense to Copyright Infringement Claims in Fan-Made Works (
)
Melissa Anne Agnetti
165
"The Taste of Any Public": How Intellectual Property Law Illuminates the Failings of the
Miller
Test (
)
Lindsey M. Hay
219
The State Secrets Privilege: Alternative Remedies in Cases of Torture Abroad (
)
Ashley Scott
Copyright 2016 Southwestern Law Review
Vol. 44, No. 4, Fall 2015
Articles
621
From Precarity to Positive Freedom: Classcrits at Seven Classcrits VII Symposium Introduction (
)
Angela P. Harris
635
Framing Elite Consensus, Ideology and Theory & A Classcrits Response (
)
Athena D. Mutua
669
Community Planning, Sharing Law and the Creation of Intentional Communities: Promoting Alternative Economies and Economic Self-Sufficiency Among Low-Income Communities (
)
Elizabeth L. Carter
699
Precarious Existence and Capitalism: A Permanent State of Exception (
)
Tayyab Mahmud
727
Toward a More Perfect Union?: The Danger of Conflating Progress and Equality (
)
Leo P. Martinez
749
The Jurisprudence of White Supremacy: Inter Caetara, Johnson v. M'intosh and San Antonio Independent School District v. Rodriguez (
)
David P. Waggoner
Copyright 2015 Southwestern Law Review
Vol. 44, No. 3, Fall 2015
Symposium
Locking Up Females, Failing to Protect Them, and Punishing Their Children & Families
A SYMPOSIUM HONORING THE WORK OF PROFESSOR MYRNA S. RAEDER
Foreword
443
In Honor of Professor Myrna Raeder (
)
Isabelle R. Gunning
Articles
448
Margaret Brent Award Speech (
)
Myrna Raeder
454
Unlocking Doors: Reflections on Myrna Raeder's Generativity and Generosity (
)
Judith Resnik
466
Forfeiture of Confrontation Rights and the Complicated Dynamics of Domestic Violence: Some Thoughts Inspired by Myrna Raeder (
)
Aviva Orenstein
484
Propensity Evidence in Cases of Woman Abuse: An Essay in Memory of Professor Myrna Raeder (
)
Marina Angel
496
Honoring and Celebrating Myrna Raeder (
)
Brett Dignam
508
Ambiguous-Purpose Statements of Children and Other Victims of Abuse Under the Confrontation Clause (
)
Paul F. Rothstein
553
You Can't Run From the Police!: Developing a Feminist Criminology that Incorporates Black Transgender Women (
)
Angela Irvine
562
Locating the Criminal: Civil Sanctions, Sexual Abuse, and the American Family (
)
Bela August Walker
Notes and Comments
599
Stop Punishing the Victim: Why California Should Reform its Current Prostitution Laws and Adopt the Swedish Approach to Combat Sex-Trafficking (
)
Emma Lord
Copyright 2015 Southwestern Law Review
Vol. 44, No. 2, Spring 2015
Nancy Kim's Wrap Contracts Symposium
209
Foreword (
)
Robert A. Hillman
215
Escaping Toxic Contracts: How We Have Lost the War on Assent in Wrap Contracts (
)
Daniel D. Barnhizer
231
Norm Shifting By Contract (
)
Zev J. Eigen
239
Against Contractual Authoritarianism (
)
Shubha Ghosh
251
Form & Substance in Nancy Kim's Wrap Contracts (
)
Danielle Kie Hart
265
Challenging the Law Online Southwestern Law Review Symposium on Nancy Kim's Wrap Contracts (
)
Allyson Haynes Stuart
275
Notice, Assent, and Form in a 140 Character World (
)
Juliet M. Moringiello
285
Wraps and Copyrights (
)
Deborah Tussey
297
Preserving Substantive Unconscionability (
)
Dov Waisman
309
The Wrap Contract Morass (
)
Nancy S. Kim
Articles
327
California Putative Spouses: The Innocent, The Guilty, and The Law (
)
Helen Chang
365
The Sharing Economy: How State and Local Governments are Failing and Why We Need Congress to Get Involved (
)
Josh Krauss
385
Facebook: The New Town Square (
)
Trevor Puetz
411
Cleaning House With Rule 41(B): An Empirical Study of the Multi-Factor Tests for Involuntary Dismissals (
)
Almara Sepanian
Copyright 2015 Southwestern Law Review
Vol. 44, No. 1, Spring 2015
Articles
1
FDA Involvement in Off-Label Use: Debate Between Richard Epstein and Ryan Abbott (
)
Richard Epstein & Ryan Abbott
27
Title VII: Discriminatory Use of Test Scores Watchdog Evolution of the Regulation Over Employment Test Score Usage from 703(H) to 703(L) (
)
Matthew E. Blakely
Notes and Comments
59
I'll Be Your Mirror: Broadening the Concept of Trademark Joint Ownership to Reflect the Developing Collaborative Economy (
)
Matthew A. Alsberg
97
It's Time to SLAPP Back: Why California's Anti-SLAPP Statute Should Not Apply in Federal Court (
)
Caleb P. Lund
127
Re-Think Your Ink: Tattoos and Tattooing as a Substantive Due Process Issue (
)
Danielle S. Krauthamer
149
Combatting Multiforum Shareholder Litigation: A Federal Acceptance of Forum Selection Bylaws (
)
Robert Borowski
175
Don't Sue Me, I Was Just Lawfully Texting & Drunk When My Autonomous Car Crashed Into You (
)
Orly Ravid
Copyright 2015 Southwestern Law Review
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