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

Attorney & Client-Contingent Fees
Notions Of Fairness And Contingent Fees, 74 Law And Contemporary Problems 1 (Spring 2011).

Attorney & Client-Perjury
Neither Reasonable Or Remedial: The Hopeless Contradictions Of The Legal Ethics Measures To Prevent Perjury, 58 Cleveland State Law Review 781 (2010).

Attorney & Client-"Saber Rattling"
Saber-Rattling And The Sound Of Professional Responsibility, 34 American Journal Of Trial Advocacy 27 (Summer 2010).

Bankruptcy Law-Chapter 11
Nondebtor Releases In Chapter 11 Reorganizations: A Limited Power, 38 Fordham Urban Law Journal 821 (March 2011).

Bankruptcy Law-Property-Sale Of
A New Approach To Section 363(f)(3), 109 Michigan Law Review 1529 (June 2011).

California Law-2010 Legislation
REVIEW Of Selected 2010 California Legislation, 42 McGeorge Law Review 499 (2011).

Colleges & Universities-Cyberspace
The Civility-Police: The Rising Need To Balance Students' Rights To Off-Campus Internet Speech Against The School's Compelling Interests, 79 University Of Cincinnati Law Review 855 (Winter 2010).

Colleges & Universities-Faculty-Troublesome
Dealing With Troublesome College Faculty And Staff: Legal And Policy Issues, 37 The Journal Of College And University Law 359 (2011).

Colleges & Universities-Rampaging Students
The Academy And The Public Peril: Mental Illness, Student Rampage, And Institutional Duty, 37 The Journal Of College And University Law 267 (2011).

Communications Law-Cyberspace
The Civility-Police: The Rising Need To Balance Students' Rights To Off-Campus Internet Speech Against The School's Compelling Interests, 79 University Of Cincinnati Law Review 855 (Winter 2010).

Communications Law-Cyberspace
School Districts As Weathermen: the Schools Ability To Reasonably Forecast Substantial Disruption To The School Environment from Students' Online Speech, 38 Fordham Urban Law Journal 859 (March 2011).

Communications Law-Cyberspace
Myspace, Yourspace, But Not Theirspace: The Constitutionality Of Banning Sex Offenders From Social Networking Sites, 60 Duke Law Journal 1859 (May 2011).

Communications Law-Cyberspace
It's A Mad, Mad Internet: Globalization And The Challenges Presented By Internet Censorship, 63 Federal Communications Law Journal 697 (May 2011).

Constitutional Law-Cyberspace
Myspace, Yourspace, But Not Theirspace: The Constitutionality Of Banning Sex Offenders From Social Networking Sites, 60 Duke Law Journal 1859 (May 2011).

Constitutional Law-Judicial Discretion
Judicial Discretion In Constitutional Cases, 26 The Journal Of Law & Politics 123 (Winter 2011).

Constitutional Law-Takings Clause
More Questions Than Answers: Situating Judicial Takings Withing Existing Regulatory Takings Doctrine, 29 Virginia Environmental Law Journal 143 (2011).

Constitutional Law-Thirteenth Amendment
The "Original" Thirteenth Amendment: The Misunderstood Titles Of Nobility Amendment, 94 Marquette Law Review 311 (Fall 2010).

Constitutional Law-Windshield Leafleting
Windshield Leafleting Ordinances: A Permissible Use Of Local Government Authority, 79 University Of Cincinnati Law Review 749 (Winter 2010).

Contract Law-Consent
Graduated Consent In Contract And Tort Law: Toward A Theory Of Justification, 61 Case Western Reserve Law Review 17 (Fall 2010).

Contract Law-Unfair Contracts
Fixing Unfair Contracts, 63 Stanford Law Review 869 (April 2011).

Copyright Law-Digital Exhaustion
Digital Exhaustion, 58 UCLA Law Review 889 (April 2011).

Copyright Law-Fair Use Doctrine
Still Fair After All These Years? How Claim Preclusion And Issue Preclusion Should Be Modified In Cases Of Copyright's Fair Use Doctrine, 58 UCLA Law Review 1071 (April 2011).

Corporations & Associations-Executive Compensation
SYMPOSIUM On Executive Compensation, 64 Vanderbilt Law Review 349 (March 2011).

Criminal LawSelf-Defense
Deadly Combinations: How Self-Defense Laws Pairing Immunity With A Presumption Of Fear Allow Criminals To "Get Away With Murder," 34 American Journal Of Trial Advocacy 105 (Summer 2010).

Criminal Law-Shaken Baby Syndrome
Science-Dependent Prosecutions And The Problem Of Epistemic Contingency: A Study Of Shaken Baby Syndrome, 62 Alabama Law Review 513 (2011).

Criminal Procedure-Class Actions
The Criminal Class Action, 159 University Of Pennsylvania Law Review 1385 (April 2011).

Criminal Procedure-Plea Bargains
Private Plea Bargains, 89 North Carolina Law Review 1125 (May 2011).

Criminal Procedure-Prosecutorial Duty To Disclose
Amending For Justice's Sake: Codified Disclosure Rule Needed To Provide Guidance To Prosecutor's Duty To Disclose, 63 Florida Law Review 771 (May 2011).

Criminal Procedure-Science Dependent Prosecutions
Science-Dependent Prosecutions And The Problem Of Epistemic Contingency: A Study Of Shaken Baby Syndrome, 62 Alabama Law Review 513 (2011).

Criminal Procedure-Search & Seizure
Putting A Square Peg In A Round Hole: The Search-Incident-To-Arrest Exception And Cellular Phones, 34 American Journal Of Trial Advocacy 165 (Summer 2010).

Criminal Procedure-Sentencing
Sentencing Entrapment And The Undue Influence Enhancement, 86 New York University Law Review 609 (May 2011).

Damages-Punitive Damages
The End Of An Era: The Supreme Court (Finally) Butts Out Of Punitive Damages For Good, 63 Florida Law Review 525 (May 2011).

Education Law-Bullying
Bullying In Public Schools: The Intersection Between The Student's Free Speech Rights And The School's Duty To Protect, 62 Mercer Law Review 407 (Winter 2011).

Education Law-Cyberspace
School Districts As Weathermen: The Schools Ability To Reasonably Forecast Substantial Disruption To The School Environment from Students' Online Speech, 38 Fordham Urban Law Journal 859 (March 2011).

Environmental Law-Clean Water Act
Fill Material Pollution Under The Clean Water Act: A Need For Legislative Change, 35 Southern Illinois University Law Journal 335 (Winter 2011).

Family Law-Adoption
SYMPOSIUM: International Adoption: Permanency For Children, 55 New York Law School Law Review 687 (2010-2011).

Federal Courts-Court Of Appeals For The Federal Circuit
A REVIEW Of Recent Decisions Of The United States Court Of Appeals For The Federal Circuit, 60 American University Law Review 745 (April 2011).

Federal Courts-Court Of Appeals For The Ninth Circuit
Second Annual SURVEY Of the Ninth And Tenth Circuits, 2011 Brigham Young University Law Review 1.

Federal Courts-Court Of Appeals For The Tenth Circuit
Second Annual SURVEY Of the Ninth And Tenth Circuits, 2011 Brigham Young University Law Review 1.

Federal Law-State Nullification Of
Can States "Just Say No" To Federal Health Care Reform? The Constitutional And Political Implications Of State Attempts To Nullify Federal Law, 2010 Brigham Young Law Review 1795.

Food & Drug Law-Family Smoking Prevention And Tobacco Control Act
Smoking Out Big Tobacco: Can the Family Smoking Prevention And Tobacco Control Act Equip The FDA To Regulate Tobacco Without Infringing On The First Amendment?, 60 Emory Law Journal 705 (2011).

Health Law-Federal Health Care Reform
Can States "Just Say No" To Federal Health Care Reform? The Constitutional And Political Implications Of State Attempts To Nullify Federal Law, 2010 Brigham Young Law Review 1795.

Health Law-Federal Health Care Reform
Our Pending National Debate: Is Health Care Reform Constitutional?, 62 Mercer Law Review 605 (Winter 2011).

Immigration Law-Local Legislation
Expression By Ordinance: Preemption And Proxy In local Legislation, 25 Georgetown Immigration Law Journal 243 (Winter 2011).

Jurisprudence-Dictionaries-Judicial Use Of
Scaling The Lexicon Fortress: The United States Supreme Court's Use Of Dictionaries In The Twenty-First Century, 94 Marquette Law Review 77 (Fall 2010).

Labor & Employment Law-Discrimination In Employment
Fixing Inconsistent Paternalism In Federal Employment Discrimination Law, 58 UCLA Law Review 947 (April 2011).

Labor & Employment Law-Restrictive Covenants
Drafting Restrictive Covenants in Employment Contracts, 94 Marquette Law Review 499 (Winter 2010).

Patent Law-Gene Patents
Patenting Everything Under The Sun: Invoking The First Amendment To Limit The Use Of Gene Patents, 58 UCLA Law Review 1123 (April 2011).

Patent Law-Inducement Standard
The Inducement Standard Of Patentability, 120 The Yale Law Journal 1590 (May 2011).

Patent Law-Terms Of Patents
Patent Term Adjustment And Terminal Disclaimers: Are The Terms Of Patents Being Decided Ad Hoc?, 94 Marquette Law Review 375 (Fall 2010).

Real Property Law-Takings Clause
More Questions Than Answers: Situating Judicial Takings Withing Existing Regulatory Takings Doctrine, 29 Virginia Environmental Law Journal 143 (2011).

Securities Law-Globalization
twenty-Third Annual Corporate Law SYMPOSIUM: The Globalization Of Securities regulation: Competition Or Coordination, 79 University Of Cincinnati Law Review 461 (Winter 2010).

Securities Law-Immaterial Lies
Immaterial Lies: Condoning Deceit In The Name Of securities Regulation, 61 Case Western Reserve Law Review 143 (Fall 2010).

Statutes-Statutory Interpretation
The Dictionary Is Not A Fortress: Definitional Fallacies And A Corpus-Based Approach To Plain Meaning, 2010 Brigham Young Law Review 1915.

Tax Law-Deregulation
Tax Deregulation, 86 New York University Law Review 387 (May 2011).

Tort Law-Alien Tort Statute
Alien Tort Reform: A Proposal To Revise The Alien Tort Statute, 48 Houston Law Review 99 (Symposium 2011).

Tort Law-Consent
Graduated Consent In Contract And Tort Law: Toward A Theory Of Justification, 61 Case Western Reserve Law Review 17 (Fall 2010).

Trademark Law-ANNUAL REVIEWW
United States Annual Review - The Sixty-Third Year Of Administration Of The U.S. Trademark (Lanham) Act Of 1946, 101 The Trademark Reporter 323 (March - April 2011).