Law Review Index
LAW REVIEW INDEX
SELECTED ARTICLES FROM LAW REVIEWS AND JOURNALS
RECEIVED BY THE BAR LIBRARY DURING THE MONTH OF MARCH 2011
COMPILED BY JOSEPH W. BENNETT
BALTIMORE BAR LIBRARY

Attorney & Client-Social Networking
The Blurred Boundaries Of Social Networking In The Legal Field: Just "Face" It, 41 The University Of Memphis Law Review 355 (Winter 2010).

Bankruptcy Law-Consumer Bankruptcy
Reconceptualizing Present-Value Analysis In Consumer Bankruptcy, 68 Washington And Lee Law Review 113 (Winter 2011).

Bankruptcy Law-Disclosure Rules
What's Your Position? Amending The Bankruptcy Disclosure Rules To Keep Pace With Financial Innovation, 58 UCLA Law Review 803 (February 2011).

Bankruptcy Law-Student Loans
Dischargeability Of Student Loan Debt - Application Of Federal Rule Of Civil Procedure 60(B)(4) To Discharge-By-Declaration Provisions, 78 Tennessee Law Review 287 (Fall 2010).

Civil Procedure-Class Actions
Majority Of Class Action Publication Notices Fail To Satisfy Rule 23 Requirements, 30 The Review Of Litigation 53 (Fall 2010).

Civil Procedure-Class Actions
Keeping The Flies Out Of The Ointment: Restricting Objectors To Class Action Settlements, 84 St. John's Law Review 949 (Summer 2010).

Civil Rights-Affirmative Action
Tailoring The Narrow Tailoring Requirement In The Supreme Court's Affirmative Action Cases, 58 Cleveland State Law Review 649 (2010).

Civil Rights-Affirmative Action
Class-Based Affirmative Action: Creating A New Model Of Diversity In Higher Education, 34 Washington University Journal Of Law & Policy 313 (2010).

Civil Rights-Integration
Is Integration A Discriminatory Purpose?, 96 Iowa Law Review 837 (March 2011).

Colleges & Universities-Affirmative Action
Tailoring The Narrow Tailoring Requirement In The Supreme Court's Affirmative Action Cases, 58 Cleveland State Law Review 649 (2010).

Colleges & Universities-Affirmative Action
Class-Based Affirmative Action: Creating A New Model Of Diversity In Higher Education, 34 Washington University Journal Of Law & Policy 313 (2010).

Communications Law-Cyberspace
Trademark's Nominative Fair Use Defense: Protecting E-Commentary From Censorship By Corporate Monoliths, 33 Hastings Communications And Entertainment Law Journal 181 (Winter 2011).

Communications Law-Cyberspace
The Warrantless Interception Of E-Mail: Fourth Amendment Search Or Free Rein For The Police?, 36 Rutgers Computer And Technology Law Journal 178 (2010).

Communications Law-Cyberspace
Classifying Virtual Property In Community property Regimes: Are My Facebook Friends Considered Earnings, Profits, Increases In Value, Or Goodwill?, 85 Tulane Law Review 717 (February 2011).

Communications Law-Cyberspace
Tinkering With Restrictions On Educator Speech: Can School Boards Restrict What Educators Say On Social Networking Sites?, 36 University Of Dayton Law Review 115 (Fall 2010).

Communications Law-Cyberspace
A Balance Of Convenience: The Use Of Burden-Shifting Devices In Criminal Cyberharassment Law, 52 Boston College Law Review 289 (January 2011).

Communications Law-Cyberspace
SYMPOSIUM: Predators, Porn & The Law: America's Children In The Internet Era, 61 Syracuse Law Review 371 (2011).

Constitutional Law-Associational Speech
Associational Speech, 120 The Yale Law Journal 978 (March 2011).

Constitutional Law-Establishment Clause
Mixed Public-Private Speech And The Establishment Clause, 85 Tulane Law Review 571 (February 2011).

Constitutional Law-Establishment Clause
The Relative Irrelevance Of The Establishment Clause, 89 Texas Law Review 583 (February 2011).

Constitutional Law-First Amendment
Is There Hope? Incorporating The First Amendment Into A Fair Use Analysis, 36 University Of Dayton Law Review 87 (Fall 2010).

Constitutional Law-Leafleting
Vehicle Leafleting: Suggestions For Municipalities seeking To Defend Vehicular Leafleting Bans Against First Amendment Challenges, 42 McGeorge Law Review 447 (2011).

Constitutional Law-Originalism
Profiling Originalism, 111 Columbia Law Review 356 (March 2011).

Constitutional Law-Originalism
How Different Are Originalism And Non-Originalism?, 62 Hastings Law Journal 707 (February 2011).

Constitutional Law-Public Employee Speech
Preserving The Right To A Jury Trial In Public Employee Free Speech Litigation: The Protected Status Of Speech Must Be Labeled A Mixed Question Of Law And Fact, 79 University Of Cincinnati Law Review 375 (Fall 2010).

Constitutional Law-Religion
SYMPOSIUM: Signs Of The Times: The First Amendment And Religious Symbolism, 63 Oklahoma Law Review 1 (Fall 2010).

Constitutional Law-Second Amendment
The Second Amendment Under A Government landlord: Is There A Right To Keep And Bear Legal Firearms In Public Housing?, 84 St. John's Law Review 995 (Summer 2010).

Constitutional Law-Student Speech
Student Speech And The First Amendment: A Comprehensive Approach, 63 Florida Law Review 395 (April 2011).

Constitutional Law-Teacher Speech
Tinkering With Restrictions On Educator Speech: Can School Boards Restrict What Educators Say On Social Networking Sites?, 36 University Of Dayton Law Review 115 (Fall 2010).

Contract Law-Expectation Damages
Expectation Damages, The Objective Theory Of Contracts, And the "Hairy Hand" Case: A Proposed Modification to The effect Of two Classical Contract Law Axioms In Cases Involving Contractual Misunderstandings, 99 Kentucky Law Journal 327 (2010-2011).

Copyright Law-Fair Use Doctrine
Is There Hope? Incorporating The First Amendment Into A Fair Use Analysis, 36 University Of Dayton Law Review 87 (Fall 2010).

Corporations & Associations-Business Judgment Rule
The Business Judgment Rule And Sphere Sovereignty, 27 Thomas M. Cooley Law Review 279 (2010).

Corporations & Associations-Model Business Corporation Act
The Model Business Corporation Act At Sixty, 74 Law And Contemporary Problems 1 (Winter 2011).

Criminal Law-Cyberharassment
A Balance Of Convenience: The Use Of Burden-Shifting Devices In Criminal Cyberharassment Law, 52 Boston College Law Review 289 (January 2011).

Criminal Law-Cyberspace
SYMPOSIUM: Predators, Porn & The Law: America's Children In The Internet Era, 61 Syracuse Law Review 371 (2011).

Criminal Law-Mail Fraud
Fraud, Fools, And Phishing: Mail Fraud And The Person Of Ordinary Prudence In The Internet Age, 99 Kentucky Law Journal 379 (2010-2011).

Criminal Law-Manslaughter
"Sticky Metaphors" And The Persistence Of The Traditional Voluntary Manslaughter Doctrine, 44 University Of Michigan Journal Of Law Reform 383 (Winter 2011).

Criminal Procedure-Child Sex Abuse
Evaluating Children's Competency To Testify: Developing A Rational Method To Assess A Young Child's Capacity To Offer Reliable Testimony In Cases Alleging Child Sex Abuse, 58 Cleveland State Law Review 575 (2010).

Criminal Procedure-Death Penalty
Mental Retardation As A Bar To The Death Penalty: Who Bears The Burden Of Proof?, 75 Missouri Law Review 537 (Spring 2010).

Criminal Procedure-Death Penalty
The "Most Deserving" Of Death: The Narrowing Requirement And The Proliferation Of Aggravating Factors In Capital sentencing Statutes, 46 Harvard Civil Rights - Civil Liberties Law Review 223 (Winter 2011).

Criminal Procedure-Driving While Intoxicated
Is There A Doctor In The (Station) House?: Reassessing The Constitutionality Of Compelled DWI Blood Draws Forty-Five Years After Schmerber, 113 West Virginia Law Review 381 (Winter 2011).

Criminal Procedure-Expungement
CLEAN SLATE: Expanding Expungements And Pardons For Non-Violent Federal Offenders, 79 University Of Cincinnati Law Review 155 (Fall 2010).

Criminal Procedure-Firearms' Offenses
sentencing Discretion At Gunpoint: How To Think About Convictions Underlying § 924(c) Mandatory Minimums, 77 The University Of Chicago Law Review 1739 (Fall 2010).

Criminal Procedure-Plea Bargains
"Based On" The Guidelines? Applying Retroactive Sentencing Amendments To Binding Plea Agreements, 77 the University Of Chicago Law Review 1801 (Fall 2010).

Criminal Procedure-Search & Seizure
The Warrantless Interception Of E-Mail: Fourth Amendment Search Or Free Rein For The Police?, 36 Rutgers Computer And Technology Law Journal 178 (2010).

Criminal Procedure-Search & Seizure
SYMPOSIUM: The Fourth Amendment Rights Of Children And Juveniles, 80 Mississippi Law Journal 789 (Spring 2011).

Criminal Procedure-Search & Seizure
The Political Fourth Amendment, 88 Washington University Law Review 303 (2010).

Criminal Procedure-Search & Seizure
Disentangling Administrative Searches, 111 Columbia Law Review 254 (March 2011).

Criminal Procedure-Search & Seizure
An Economics Perspective On The Exclusionary Rule And Deterrence, 75 Missouri Law Review 459 (Spring 2010).

Criminal Procedure-Search & Seizure
Rethinking The Fourth Amendment: Race, Citizenship, And The Equality Principle, 46 Harvard Civil Rights - Civil Liberties Law Review 1 (Winter 2011).

Criminal Procedure-Search & Seizure
Orwellian Ramifications: The Contraband Exception To The Fourth Amendment, 41 The University Of Memphis Law Review 299 (Winter 2010).

Criminal Procedure-Search & Seizure
Doctrinal Collapse: Smart Phones Cause Courts To Reconsider Fourth Amendment Searches Of Electronic Devices, 41 The University Of Memphis Law Review 233 (Winter 2010).

Criminal Procedure-Sentencing
Sentencing Discretion At Gunpoint: How To Think About Convictions Underlying § 924(c) Mandatory Minimums, 77 The University Of Chicago Law Review 1739 (Fall 2010).

Criminal Procedure-Sentencing
"Based On" The Guidelines? Applying Retroactive Sentencing Amendments To Binding Plea Agreements, 77 The University Of Chicago Law Review 1801 (Fall 2010).

Criminal Procedure-Victims' Rights
Redeeming An Empty Promise: Procedural Justice, The Crime Victims' Rights Act, And The Victim's Right To Be Reasonably Protected From The Accused, 78 Tennessee Law Review 47 (Fall 2010).

Damages-Hedonic Damages
Self-Altering Injury: The Hidden Harms Of Hedonic Adaptation, 96 Cornell Law Review 535 (March 2011).

Damages-Punitive Damages
Overcoming Tradeoffs In The Taxation Of Punitive Damages, 88 Washington University Law Review 609 (2011).

Damages-Punitive Damages
The "Monstrous Heresy" Of Punitive Damages: A Comparison To The Death Penalty And Suggestions For Reform, 159 University Of Pennsylvania Law Review 853 (February 2011).

Education Law-Student Speech
Student Speech And The First Amendment: A Comprehensive Approach, 63 Florida Law Review 395 (April 2011).

Education Law-Teacher Speech
Tinkering With Restrictions On Educator Speech: Can School Boards Restrict What Educators Say On Social Networking Sites?, 36 University Of Dayton Law Review 115 (Fall 2010).

Energy Law-Wind Energy
Sucking The Air Out Of Wind Energy: Nuisance Litigation And Its Effect On Wind Energy Development, 88 Washington University Law Review 707 (2011).

Environmental Law-Endangered Species Act
The Use Of Population Genetics In Endangered Species Act Listing Decisions, 37 Ecology Law Quarterly 1107 (2010).

Estates & Trusts Law-Grantor Trusts
The Grantor Trust Rules Should Be Repealed, 96 Iowa Law Review 885 (March 2011).

Evidence Law-Electronic Discovery
E-Discovery Practice, Theory And Precedent: Finding The Right Pond, Lure, And Lines Without Going On A Fishing Expedition, 56 South Dakota Law Review 25 (2011).

Family Law-Marriage
A Quest For Fair And Balanced: The Supreme Court, State Courts, And The Future Of Same-Sex Marriage Review After Perry, 60 Duke Law Journal 1413 (March 2011).

Family Law-Non-Marital Children
Illegitimate Harm: Law, Stigma, And Discrimination Against Nonmarital Children, 63 Florida Law Review 345 (April 2011).

Family Law-Parental Rights
Where Are My Children...And My Rights? Parental Rights Termination As A Consequence Of Deportation, 60 Duke Law Journal 1459 (March 2011).

Family Law-Parenthood
"Ain't I A Parent?": The Exclusion Of Kinship Caregivers From The Debate Over Expansions Of Parenthood, 34 New York University Review Of Law & Social Change 595 (2010).

Federal Civil Procedure-Diversity Jurisdiction
Resolving The Principal Place Of Business Conundrum: Adopting A Single Test for Federal diversity Jurisdiction, 30 The Review Of Litigation 75 (Fall 2010).

Government Contracts-Affirmative Action
The End Of An Era? How Affirmative Action Can Survive After Rothe, 39 Public Contract Law Journal 853 (Summer 2010).

Government Contracts-False Claims Act
The 2009 False Claims Act Amendments: Congress' Efforts To Both Expand And Narrow The Scope Of The False Claims Act, 39 Public Contract Law Journal 741 (Summer 2010).

Government Contracts-Procurement Integrity Act
Is The Procurement Integrity Act "Important" Enough For The Mandatory Disclosure Rule? A Case For inclusion, 39 Public Contract Law Journal 347 (Summer 2010).

Health Law-Medical Marijuana
Seeking A Second Opinion: How To Cure Maryland's Medical Marijuana Law, 40 University Of Baltimore Law Review 139 (Fall 2010).

Housing Law-Public Housing
The Second Amendment Under A Government landlord: Is There A Right To Keep And Bear Legal Firearms In Public Housing?, 84 St. John's Law Review 995 (Summer 2010).

Immigration Law-Asylum
Social Group Asylum Claims: A Second Look At The New Visibility Requirement, 29 Yale Law & Policy Review 337 (Fall 2010).

Immigration Law-Asylum
Asking And Telling: Identity And Persecution In Sexual And/Or Gender Orientation Asylum Claims - Immutable Characteristics And Concepts Of Persecution Under U.S. Asylum Law, 25 Georgetown Immigration Law Journal 117 (Fall 2010).

Immigration Law-Local Immigration Regulation
The High Cost Of Free Speech: Anti-Solicitation Ordinances, Day Laborers, And The Impact Of "Backdoor" Local Immigration Regulations, 25 Georgetown Immigration Law Journal 1 (Fall 2010).

Immigration Law-Local Immigration Regulation
The Decentralization Of Immigration Law: The Mischief Of § 287(g), 41 Seton Hall Law Review 399 (2011).

Intellectual Property Law-Right Of Publicity
Property's End: Why Competition Policy Should Limit The Right Of Publicity, 43 Connecticut Law Review 753 (February 2011).

Labor & Employment Law-Affirmative Action
Tailoring The Narrow Tailoring Requirement In The Supreme Court's Affirmative Action Cases, 58 Cleveland State Law Review 649 (2010).

Labor & Employment Law-Age Discrimination In Employment Act
Employees Bringing Disparate-Impact Claims Under The ADEA Continue To Face An Uphill Battle Despite The Supreme Court's Decisions In Smith V. City Of Jackson And Meacham V. Knolls Atomic Power Laboratory, ABA Journal Of Labor & Employment Law 1 (Fall 2010).

Labor & Employment Law-Age Discrimination In Employment Act
When "The Evil Day" Comes, Will Title VII's Disparate Impact Provision be Narrowly Tailored To Survive An Equal Protection Clause Challenge?, 60 American University Law Review 535 (February 2011).

Labor & Employment Law-Discrimination In Employment
Is Integration A Discriminatory Purpose?, 96 Iowa Law Review 837 (March 2011).

Labor & Employment Law-Discrimination In Employment
Intra-Group Preferencing: Proving Skin Color And Identity Performance Discrimination, 34 New York University Review Of Law & Social Change 657 (2010).

Labor & Employment Law-Discrimination In Employment
Taking The Fight Back To Title VII: A Case For Redefining "Because Of Sex" To Include Gender Stereotypes, Sexual Orientation, And Gender Identity, 84 Southern California Law Review 487 (January 2011).

Labor & Employment Law-Employee Retirement Income Security Act
ERISA And Uncertainty, 88 Washington University Law Review 433 (2010).

Labor & Employment Law-Employee Retirement Income Security Act
The Federal Common Law Of Vicarious Fiduciary Liability Under ERISA, 44 University Of Michigan Journal Of Law Reform 249 (Winter 2011).

Labor & Employment Law-Public Employee Speech
Preserving The Right To A Jury Trial In Public Employee Free Speech Litigation: The Protected Status Of Speech Must Be Labeled A Mixed Question Of Law And Fact, 79 University Of Cincinnati Law Review 375 (Fall 2010).

Landlord & Tenant Law-Retaliatory Eviction
Protecting The Good-Faith Tenant: Enforcing Retaliatory Eviction Laws By Broadening The Residential Tenant's Options In Summary Eviction Courts, 63 Oklahoma Law Review 101 (Fall 2010).

Motor Vehicle Law-Driving While Intoxicated
Is There A Doctor In The (Station) House?: Reassessing The Constitutionality Of Compelled DWI Blood Draws Forty-Five Years After Schmerber, 113 West Virginia Law Review 381 (Winter 2011).

Patent Law-Damages
The Misuse Of Reasonable Royalty Damages As A Patent Infringement Deterrent, 74 Missouri Law Review 909 (Fall 2009).

Patent Law-Partial Patents
Partial Patents, 111 Columbia Law Review 207 (March 2011).

Prisons & Prisoners-Mentally Ill Prisoners
Addressing The Special Problems Of Mentally Ill Prisoners: A Small Piece Of The Solution To Our Nation's Prison Crisis, 88 Denver University Law Review 57 (2010).

Prisons & Prisoners-Safe Prisons Communications Act
Disconnected: Safe Prisons Communications Act Fails To Address Prison Communications, 51 Jurimetrics 17 (Fall 2010).

Real Property Law-Easements
Nonuse And Easements: Creating A Pliability Regime Of Private Eminent Domain, 78 Tennessee Law Review 1 (Fall 2010).

Real Property Law-Sex Offender Residency
Popular Politics And Unintended Consequences: The Punitive effect Of Sex Offender Residency Statutes From An Empirical Perspective, 40 Southwestern Law Review 223 (2010).

Securities Law-Insider Trading
No Pain, No Gain: The Criminal Absence Of The Efficient Capital Markets Theory from Insider Trading Sentencing, 84 St. John's Law Review 1057 (Summer 2010).

Sports Law-Baseball
Barry Bonds And The Baseball Hall Of Fame: Is It In The "Best Interest Of Baseball"?, 40 Southwestern Law Review 175 (2010).

Tax Law-Home Office Deduction
"Simplification" Is Not Enough: An Analysis Of The Home Office Tax Deduction And the Home Office Simplification Act Of 2009, 40 University Of Baltimore Law Review 107 (Fall 2010).

Tax Law-Punitive Damages
Overcoming Tradeoffs In The Taxation Of Punitive Damages, 88 Washington University Law Review 609 (2011).

Tort Law-Privacy
Prosser's Privacy At 50: A SYMPOSIUM On Privacy In The 21st Century, 98 California Law Review 1711 (December 2010).

Tort Law-Spousal Torts
Reconstructing Fault: The Case For Spousal Torts, 79 University Of Cincinnati Law Review 207 (Fall 2010).

Trademark Law-Nominative Fair Use
Trademark's Nominative Fair Use Defense: Protecting E-Commentary From Censorship By Corporate Monoliths, 33 Hastings Communications And Entertainment Law Journal 181 (Winter 2011).

Witnesses-Children
Evaluating Children's Competency To Testify: Developing A Rational Method To Assess A Young Child's Capacity To Offer Reliable Testimony In Cases Alleging Child Sex Abuse, 58 Cleveland State Law Review 575 (2010).