Law Review Index
LAW REVIEW INDEX
SELECTED ARTICLES FROM LAW REVIEWS AND JOURNALS
RECEIVED BY THE BAR LIBRARY DURING THE MONTH OF JANUARY 2012
COMPILED BY JOSEPH W. BENNETT
BALTIMORE BAR LIBRARY

Air Law-Airport Expansion
Balancing Airport Capacity Requirements With Environmental Concerns: Legal Challenges To Airport Expansion, 76 Journal Of Air Law And Commerce 733 (Fall 2011).

Animals-Humane Treatment Of
Judicial Review And The Humane Treatment Of Animals, 86 New York University Law Review 1630 November 2011).

Antitrust Law-Innovation
SYMPOSIUM: Antitrust And Innovation, 77 Antitrust Law Journal 749 (2011).

Attorney & Client-Bar Admission
What's Remorse Got To Do, Got To Do With It? Bar Admission for Those With Youthful Offenses, 2010 Michigan State Law Review 1001.

Attorney & Client-Civility
The Obligation Of Lawyers To Heal Civic Culture: Confronting The Ordeal Of Incivility In The Practice Of Law,34 University Of Arkansas At Little Rock Law Review 1 (Fall 2011).

Bankruptcy Law-Chapter 11 - Financial Advisors
The Chapter 11 Financial Advisors, 28 Emory Bankruptcy Developments Journal 11 (2011).

Civil Procedure-Jurisdiction-Personal
Trimming The Claws Of The Internet's Jurisdictional Reach, 46 Tort Trial & Insurance Practice Law Journal 761 (Spring - Summer 2011).

Colleges & Universities-Peer Sexual Violence
Burying Our Heads In The Sand: Lack Of knowledge, Knowledge Avoidance, And the persistent problem Of Campus Peer Sexual Violence, 43 Loyola University Chicago Law Journal 205 (Fall 2011).

Commercial Law-Article 9
The Revised Article 9 Filing System: Did It Meet Its Objectives?, 44 Uniform Commercial Code Law Journal 1 (December 2011).

Commercial Law-Credit Card Accountability, Responsibility, And Disclosure Act
SYMPOSIUM: The Card Act In Perspective: Ongoing Efforts To Find Balance In Credit Card Regulation, 2011 Utah Law Review 335.

Communications Law-Cyberspace
LOL? Texting While Driving Is No Laughing Matter: Proposing A Coordinated Response To Curb This Dangerous Activity, 36 Washington University Journal Of Law & Policy 233 (2011).

Communications Law-Cyberspace
Trimming The Claws Of The Internet's Jurisdictional Reach, 46 Tort Trial & Insurance Practice Law Journal 761 (Spring - Summer 2011).

Communications Law-Cyberspace
Romeo And Juliet - A Tragedy Of Love By Text: Why Targeted Penalties That Offer Front-End Severity And Back-End Leniency Are Necessary To Remedy The Teenage Mass-sexting Dilemma, 55 Howard Law Journal 173 (Fall 2011).

Communications Law-Cyberspace
Salvaging Privacy & Tranquility From the Wreckage: Images Of Death, Emotions Of Distress & Remedies Of Tort In The Age Of The Internet, 2010 Michigan State Law Review 311.

Constitutional Law-Establishment Clause
Uses And Abuses Of Textualism And Originalism In Establishment Clause Interpretation, 2011 Utah Law Review 489.

Constitutional Law-Establishment Clause
Nonbelievers And Government Speech, 97 Iowa Law Review 347 (January 2012).

Constitutional Law-Establishment Clause
Language And The Limits Of Lemon: A New Establishment Clause Analysis Of Catholic League For Religious And Civil Rights V. City Of San Francisco, 45 Columbia Journal Of Law And Social Problems 225 (Winter 2011).

Constitutional Law-Free Exercise Clause
Does A Broad Free Exercise Right Require A Narrow Definition Of "Religion"?, 39 Hastings Constitutional Law Quarterly 357 (Winter 2012.

Constitutional Law-Funeral Protests
Funeral Protests: Privacy, And The Constitution: What Is Next After Phelps?, 61 American University Law Review 279 (December 2011).

Constitutional Law-Overbreadth
The "Strong Medicine" Of The Overbreadth Doctrine: When Statutory Exceptions Are No More Than A Placebo, 64 Federal Communications Law Journal 177 (December 2011).

Constitutional Law-Public Forum
Public Forum 2.0, 91 Boston University Law Review 1975 (December 2011).

Constitutional Law-Second Amendment
The Rise And Demise Of The "Collective Right" Interpretation Of The Second Amendment, 59 Cleveland State Law Review 315 (2011).

Constitutional Law-Sex Offender Registration
SYMPOSIUM: What's Wrong With Sex Offender Registration Laws?, 47 Criminal Law Bulletin 1065 (November-December 2011).

Constitutional Law-Takings Clause
Takings By Regulation: How Should Courts Weigh The Balancing Factors?, 52 Santa Clara Law Review 1 (2012).

Constitutional Law-Violent Video Games
The New Resident Evil? State Regulation Of Violent Video Games And The First Amendment, 2011 Brigham Young University Law Review 1659.

Contract Law-Efficient Breach
The Myth Of Efficient Breach: New Defenses Of The Expectation Interest, 97 Virginia Law Review 1939 (December 2011).

Contract Law-Infancy Doctrine
Infancy Doctrine Inquiries, 52 Santa Clara Law Review 47 (2012).

Copyright Law-Celebrity Satire
Separating The Sheep From The Goats: Celebrity Satire As Fair Use, 33 Cardozo Law Review 773 (December 2011).

Copyright Law-Fair Use Doctrine
Fair Use As A Collective User Right, 90 North Carolina Law Review 125 (December 2011).

Copyright Law-Visual Works
Worth A Thousand Words: The Images Of Copyright, 125 Harvard Law Review 683 (January 2012).

Corporations & Associations-Corporate Criminal Liability
SYMPOSIUM: Corporate Criminal Liability, 41 Stetson Law Review 1 (Fall 2001).

Corporations & Associations-Corporate Criminal Liability
SYMPOSIUM: From The Board Room To The Court Room: The Evolving Legal Status Of Corporate Crime, 66 University Of Miami Law Review 313 (Winter 2012).

Criminal Law-Corporate Criminal Liability
SYMPOSIUM: Corporate Criminal Liability, 41 Stetson Law Review 1 (Fall 2001).

Criminal Law-Corporate Criminal Liability
SYMPOSIUM: From The Board Room To The Court Room: The Evolving Legal Status Of Corporate Crime, 66 University Of Miami Law Review 313 (Winter 2012).

Criminal Law- Juvenile Criminal Responsibility
Juvenile Criminal Responsibility: Can Malice Supply The Want Of Years?, 86 Tulane Law Review 309 (December 2011).

Criminal Law-Mens Rea
Sorting Guilty Minds, 86 New York University Law Review 1306 (November 2011).

Criminal Law-Sexting
Romeo And Juliet - A Tragedy Of Love By Text: Why Targeted Penalties That Offer Front-End Severity And Back-End Leniency Are Necessary To Remedy The Teenage Mass-sexting Dilemma, 55 Howard Law Journal 173 (Fall 2011).

Criminal Procedure-Arson Evidence
Arson Evidence, 47 Criminal Law Bulletin 1241 (November-December 2011).

Criminal Procedure-Convictions-Wrongful
Convictions Based On Lies: Defining Due Process Protection, 116 Penn State Law Review 331 (Fall 2011).

Criminal Procedure-Counsel-Right To
Gideon's Ghost: Providing The Sixth Amendment Right To Counsel In times Of Budgetary Crisis, 2010 Michigan State Law Review 341.

Criminal Procedure-Prosecutorial Misconduct
Throwing The Defendant Into The Snake Pit: Applying A State-Created Danger Analysis To Prosecutorial Fabrication Of Evidence, 91 Boston University Law Review 2131 (December 2011).

Criminal Procedure-Search & Seizure
Is It Really That Simple?: Circuits Split Over Reasonable Suspicion Requirement For Visual Body-Cavity Searches Of Arrestees, 86 Tulane Law Review 247 (November 2011).

Criminal Procedure-Search & Seizure
Why And How A Lower Federal Court's Decision That A Search Or Seizure Violated The Fourth Amendment Should Be Binding In A State Prosecution: Using "Good Sense" And Suppressing Unnecessary Formalism, 36 Vermont Law Review 165 (Fall 2011).

Criminal Procedure-Search & Seizure
A Mosaic Shield: Maynard, The Fourth Amendment, And Privacy Rights In The Digital Age, 33 Cardozo Law Review 737 (December 2011).

Criminal Procedure-Search & Seizure
An Equilibrium-Adjustment Theory Of The Fourth Amendment, 125 Harvard Law Review 476 (December 2011).

Criminal Procedure-Search & Seizure
An Exception To An Exception: Officer Inadvertence As A Requirement To Plain View Seizures In The Computer Context, 66 University Of Miami Law Review 471 (Winter 2012).

Criminal Procedure-Sentencing
Risk In Sentencing: Constitutionally Suspect Variables And Evidence-Based Sentencing, 64 SMU Law Review 1329 (Fall 2011).

Criminal Procedure-Sex Offender Registration
SYMPOSIUM: What's Wrong With Sex Offender Registration Laws?, 47 Criminal Law Bulletin 1065 (November-December 2011).

Damages-Caps
State Damage Caps And Separation Of Powers, 116 Penn State Law Review 145 (Summer 2011).

Damages-Punitive Damages
Reconciling Punitive Damages With Tort Law's Normative Framework, 121 The Yale Law Journal 678 (December 2011).

Disabilities Law-Americans With Disabilities Act
The ADA Amendments Act Of 2008: Practical Implications For Employers In 2012 And Beyond, 79 Defense Counsel Journal 32 (January 2012).

Disabilities Law-Licensing Exams
Learning Disabilities And The ADA: Licensing Exam Accommodations In The Wake Of The ADA Amendments Act Of 2008, 59 Cleveland State Law Review 291 (2011).

Disabilities Law-Tort Litigation
Blindsight: How We See Disabilities In Tort Litigation, 86 Washington Law Review 709 (December 2011).

Education Law-Battered Child Syndrome
School Shooters: Perpetrators Or Victims? The Need For Expanding Battered Child Syndrome To Include Peer Harassment In School-Violence Prosecutions, 41 Stetson Law Review 215 (Fall 2001).

Education Law-Disciplinary Proceedings
Navigating A Legal Dilemma: A Student's Right To Legal Counsel In Disciplinary Hearings For Criminal Misbehavior, 160 University Of Pennsylvania Law Review 585 (January 2012).

Environmental Law-Clean Water Act
Watering Down The Clean Water Act: A Critique Of The NPDES Water Transfer Rule, 36 Washington University Journal Of Law & Policy 179 (2011).

Environmental Law-Conservation Easements
The Enforceability Of Exacted Conservation Easements, 36 Vermont Law Review 261 (Winter 2011).

Environmental Law-Water Pollution
Water RX: The Problem Of Pharmaceuticals In Our Nation's Waters, 29 UCLA Journal Of Environmental Law And Policy 395 (2011).

Evidence Law-Hearsay Rule-Present Sense Impressions
Facebook, Twitter, And The uncertain Future Of Present Sense Impressions, 160 University Of Pennsylvania Law Review 331 (January 2012).

Family Law-Adoption
Intercountry Adoption Act Ten Years Later: The Need For Post-Adoption Requirements, 72 Ohio State Law Journal 1043 (2011).

Family Law-Divorce-International
International Divorce: Litigating Marital Property And Support Rights, 45 Family Law Quarterly 293 (Fall 2011).

Family Law-Marriage
The Other : Uncovering The Federal Government's Racial Regulation Of Marriage, 86 New York University Law Review 1361 November 2011).

Federal Courts-Supreme Court Of The United States
SYMPOSIUM: Supreme Court: October Term 2009, 44 Loyola Of Los Angeles Law Review 863 (Spring 2011).

Food & Drug Law-Sushi
Roll Sushi, Roll: Defining "Sushi Grade" For The Consumer And The Sushi Bar, 116 Penn State Law Review 495 (Fall 2011).

Georgia Law-Legislation
Review Of Selected 2011 Georgia Legislation, 28 Georgia State University Law Review 1 (Fall 2011).

Health Law-Health Records
Regulating Your Medical History Without Regulations: A Private Regulatory Framework To Electronic Health Record Adoption, 91 Boston University Law Review 2103 (December 2011).

Immigration Law-Immigrant Detainees
Challenging Detention: Why Immigrant Detainees Receive Less Process Than "Enemy Combatants" And Why They Deserve More, 111 Columbia Law Review 1833 (December 2011).

Juveniles-Contracts
Infancy Doctrine Inquiries, 52 Santa Clara Law Review 47 (2012).

Juveniles-Criminal Responsibility
Juvenile Criminal Responsibility: Can Malice Supply The Want Of Years?, 86 Tulane Law Review 309 (December 2011).

Juveniles-Sexting
Romeo And Juliet - A Tragedy Of Love By Text: Why Targeted Penalties That Offer Front-End Severity And Back-End Leniency Are Necessary To Remedy The Teenage Mass-sexting Dilemma, 55 Howard Law Journal 173 (Fall 2011).

Labor & Employment Law-Americans With Disabilities Act
The ADA Amendments Act Of 2008: Practical Implications For Employers In 2012 And Beyond, 79 Defense Counsel Journal 32 (January 2012).

Labor & Employment Law-Discrimination In Employment
Punitive Damages, Due Process, And Employment Discrimination, 97 Iowa Law Review 473 (January 2012).

Labor & Employment Law-Discrimination In Employment
Taking Away An Employer's Free Pass: Making The Case For A More Sophisticated Sex-Plus Analysis In Employment Discrimination Cases, 36 Vermont Law Review 327 (Winter 2011).

Labor & Employment Law-Family And Medical Leave Act
A Next Step In Health Care Reform: Ensuring The Protection Of Employee Rights Under The Family And Medical Leave Act, 56 Saint Louis University Law Journal 1 (Fall 2011).

Labor & Employment Law-Licensing Exams
Learning Disabilities And The ADA: Licensing Exam Accommodations In The Wake Of The ADA Amendments Act Of 2008, 59 Cleveland State Law Review 291 (2011).

Labor & Employment Law-Ministerial Exception
In Defense Of The Ministerial Exception, 90 North Carolina Law Review 1 (December 2011).

Labor & Employment Law-Online Work
Grappling With Online Work: Lessons From Cyberlaw, 56 Saint Louis University Law Journal 1 (Fall 2011).

Labor & Employment Law-Prescription Drug Use In The Workplace
An American Way Of Life: Prescription Drug Use In The Modern ADA Workplace, 45 Columbia Journal Of Law And Social Problems 303 (Winter 2011).

Labor & Employment Law-Privacy In The Workplace
Workplace Privacy And Monitoring: The Quest For Balanced Interests, 59 Cleveland State Law Review 377 (2011).

Labor & Employment Law-Privacy In The Workplace
Toward A Cohesive Interpretation Of The Electronic Communications Privacy Act For The Electronic Monitoring Of Employees, 114 West Virginia Law Review 461 (Winter 2012).

Maritime Law-Pirates
Piracy: New Efforts In Addressing This Enduring Problem, 36 Tulane Maritime Law Journal 65 (Winter 2011).

Motor Vehicle Law-Texting While Driving
LOL? Texting While Driving Is No Laughing Matter: Proposing A Coordinated Response To Curb This Dangerous Activity, 36 Washington University Journal Of Law & Policy 233 (2011).

Patent Law-Apportionment Of Claims
Patent Claim Apportionment, Patentee Injury, And Sequential Invention, 19 George Mason Law Review 471 (Winter 2012).

Patent Law-Pharmaceutical Patents
The Stay Dilemma: Examing Brand And Generic Incentives For Delaying The Resolution Of Pharmaceutical Patent Litigation, 111 Columbia Law Review 1788 (December 2011).

Prisons & Prisoners-The Right To Refuse: Should prison Inmates Be Allowed To Discontinue Treatment For Incurable, Noncommunicable medical Conditions?, 71 Maryland Law Review 295 (2011).

Real Property Law-Conservation Easements
The Enforceability Of Exacted Conservation Easements, 36 Vermont Law Review 261 (Winter 2011).

Real Property Law-Takings Clause
Takings By Regulation: How Should Courts Weigh The Balancing Factors?, 52 Santa Clara Law Review 1 (2012).

Tort Law-Disabilities
Blindsight: How We See Disabilities In Tort Litigation, 86 Washington Law Review 709 (December 2011).

Tort Law-Duty
The Hidden Legacy Of Palsgraf: Modern Duty Law In Microcosm, 91 Boston University Law Review 1873 (December 2011).

Trademark Law-False Advertising Claims
Lanham Act "False Advertising" Claims: What Is A Plaintiff To Do?, 101 The Trademark Reporter 1601 (November - December 2011).

Trials-Jurors-Use Of Prescription Drugs
Prescription Drug Use And Jury Decision Making, 47 Criminal Law Bulletin 1209 (November-December 2011).

Witnesses-Experts
Rationalization And Limitation: The Use Of Learned Treatises To Impeach Opposing Expert Witnesses, 36 Vermont Law Review 63 (Fall 2011).