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

Attorney & Client-Advertising-Attorney
Attorney Advertising And The Decline Of The Legal Profession, 35 The Journal Of The Legal Profession 339 (2011).

Attorney & Client-Attorney-Client Privilege
The Application Of The Attorney-Client Privilege To Interactions Among Clients, Attorneys, And Experts In The Age Of Consultants: The Need For A More Precise, Fundamental Analysis, 48 Houston Law Review 265 (Spring 2011).

Attorney & Client-Child Clients
Representing Children Who Can't Or Won't Direct Counsel: Best interests Lawyering Or No Lawyer At All?, 53 Arizona Law Review 381 (Summer 2011).

Attorney & Client-Discipline-Attorney
Attorney Discipline Nationwide: A Comparative Analysis Of Process And Statistics, 35 The Journal Of The Legal Profession 209 (2011).

Attorney & Client-Ethics
CURRENT DEVELOPMENTS 2010-2011, 24 The Georgetown Journal Of Legal Ethics 443 (Summer 2011).

Attorney & Client-Parent And Child-Representation Of
All In The Family: Towards A New Representational Model For Parents And Children, 24 The Georgetown Journal Of Legal Ethics 303 (Spring 2011).

Civil Procedure-Class Actions
The Disappearing Opt-Out Right In punitive-Damages Class Actions, 2011 Wisconsin Law Review 563.

Civil Procedure-Class Actions
Disorder Certifying A Class: Misinterpretations Of Rule 23(c)(1)(B) And A Proposed Alternative, 97 Virginia Law Review 979 (June 2011).

Civil Rights Law-1991 Civil Rights Act
SYMPOSIUM: Twenty Years After The 1991 Civil Rights Act: What Does The Future Hold?, 46 Wake Forest Law Review 185 (Summer 2011).

Commercial Law-Truth In Lending Act
Striking A Balance: When To Extend The Right To Rescind Under TILA, 85 St. John's Law Review 261 (Winter 2011).

Communications Law-Cyberspace
Crafting Legislation To Prevent Cyberbullying: The Use Of Education, Reporting, And Theshold Requirements, 27 The Journal Of Contemporary Health Law And Policy 330 (Spring 2011).

Communications Law-Cyberspace
An Integrated Response To Sexting: Utilization Of Parents And Schools In Deterrence, 27 The Journal Of Contemporary Health Law And Policy 365 (Spring 2011).

Communications Law-Cyberspace
Anti-Cyber Bullying Statutes: Threat To Student Free Speech, 59 Cleveland State Law Review 85 (2011).

Communications Law-Cyberspace
The Intractable Obscenity Problem 2.0: The Emerging Circuit Split Over The Constitutionality Of "Local Community Standards" Online, 60 Catholic University Law Review 719 (Spring 2011).

Communications Law-Cyberspace
From Blackacre & Whiteacre To Greyacre: Three Models For Ascribing Virtual Property Rights In Cyberspace, 19 University Of Baltimore Intellectual Property Law Journal 1 (Fall 2010).

Communications Law-Cyberspace
Home, Home On The Web And Other Fourth Amendment Implications Of Technosocial Change, 70 Maryland Law Review 614 (2011).

Communications Law-Cyberspace
How Joe Schmoe's Name Could Transform the Internet: A Proposal To Preserve ISP Immunity Under The Communications Decency Act, 45 New England Law Review 913 (Summer 2011).

Communications Law-Cyberspace
Balancing Expectations Of Online Privacy: Why Internet Protocol (IP) Addresses Should Be Protected As Personally Identifiable Information, 60 DePaul Law Review 895 (Spring 2011).

Constitutional Law-Equal Protection Clause
Equal Protection Doctrine And Structural Federalism, 43 Connecticut Law Review 1059 (May 2011).

Constitutional Law-Establishment Clause
Why A Coercion Test Is Of No Use In Establishment Clause Cases, 41 Cumberland Law Review 193 (2010-2011).

Constitutional Law-Establishment Clause
Worshiping Separation: Worship In Limited Public Forums And The Establishment Clause, 38 Pepperdine Law Review 1053 (2011).

Constitutional Law-Free Exercise Clause
SYMPOSIUM: Twenty Years After Employment Division V. Smith: Assessing The Twentieth Century's Landmark Case On the Free Exercise Of Religion And How It Changed History, 32 Cardozo Law Review 1655 (May 2011).

Constitutional Law-Government Speech
Viewpoint Neutrality And Government Speech, 52 Boston College Law Review 695 (May 2011).

Constitutional Law-Government Speech
The Government-Speech Doctrine: "Recently Minted;" But Counterfeit, 49 University Of Louisville Law Review 21 (2010).

Constitutional Law-Juveniles
Children's Constitutional Rights, 95 Minnesota Law Review 2099 (June 2011).

Constitutional Law-Obscenity
The Intractable Obscenity Problem 2.0: The Emerging Circuit Split Over The Constitutionality Of "Local Community Standards" Online, 60 Catholic University Law Review 719 (Spring 2011).

Constitutional Law-Sex Offender Registration
The Sex Offender Registration And Notification Act: The Need To Break The Constitutional Mold, 41 Golden Gate University Law Review 255 (Winter 2011).

Constitutional Law-Student Speech
Category Shopping: Cracking The Student Speech Categories, 40 Stetson Law Review 877 (Spring 2011).

Copyright Law-Infringement Lawsuits
Application Or Registration?: Confusion Regarding The Copyright Act's Prerequisite To Copyright Infringement Lawsuits, 44 Indiana Law Review 581 (2011).

Copyright Law-Satire
Who Gets The Last Laugh? Satire, Doctrine Of Fair Use, And CopyWrong Infringement, 29 Temple Journal Of Science, Technology & Environmental Law 205 (Fall 2010).

Criminal Procedure-Asset Forfeiture
Asset Forfeiture As A Form Of Punishment: A Case For Integrating Asset Forfeiture Into Criminal Sentencing, 38 American Journal Of Criminal Law 181 (Spring 2011).

Criminal Procedure-Death Penalty
Is Saving An Innocent Man A "Fool's Errand"? The Limitations Of The Antiterrorism And Effective Death Penalty Act On An Original Writ Of Habeas Corpus Petition, 36 University Of Dayton Law Review 197 (Winter 2011).

Criminal Procedure-Death Penalty
History Repeats Itself: The Post-Furman Return To Arbitrariness In Capital punishment, 45 University Of Richmond Law Review 1255 (May 2011).

Criminal Procedure-Drunk Driving Cases
12 Unnecessary Men: The Case For Eliminating Jury Trials In Drunk Driving Cases, 2011 University Of Illinois Law Review 961.

Criminal Procedure-Prosecutorial Caseloads
The State (Never) Rests: How Excessive Prosecutorial Caseloads Harm Criminal Defendants, 105 Northwestern University Law Review 261 (Winter 2011).

Criminal Procedure-Review
Fortieth ANNUAL REVIEW Of Criminal Procedure 2011, 40 Georgetown Law Journal Annual Review Of Criminal Procedure 1 (2011).

Criminal Procedure-Restitution
It's Never Too Late To Make Amends: Two Wrongs Don't Protect A Victim's Right To Restitution, 35 Nova Law Review 363 (Spring 2011).

Criminal Procedure-Search & Seizure
Computers As Castles: Preventing The Plain View Doctrine From Becoming A Vehicle For Overbroad Digital Searches, 79 Fordham Law Review 2809 (May 2011).

Criminal Procedure-Search & Seizure
A Case Of Doubtful Certainty: The Court Relapses Into Search Incident To Arrest Confusion In Arizona V. Gant, 44 Indiana Law Review 395 (2011).

Criminal Procedure-Search & Seizure
Home, Home On The Web And Other Fourth Amendment Implications Of Technosocial Change, 70 Maryland Law Review 614 (2011).

Criminal Procedure-Search & Seizure
Cell Phone Location Data And The Fourth Amendment: A Question Of Law, Not Fact, 70 Maryland Law Review 681 (2011).

Criminal Procedure-Search & Seizure
The Need To Overrule Mapp V. Ohio, 82 University Of Colorado Law Review 679 (Summer 2011).

Criminal Procedure-Search & Seizure
The Fourth Amendment At A Three-Way Stop, 62 Alabama Law Review 687 (2011).

Criminal Procedure-Self-Incrimination
Is Miranda On The Verge Of Extinction? The Supreme Court Loosens Miranda's Grip In Favor Of Law Enforcement, 35 Nova Law Review 525 (Spring 2011).

Criminal Procedure-Sentencing
A Rational Post-Booker Proposal For Reform Of Federal Sentencing Enhancements For Prior Convictions, 31 Northern Illinois University Law Review 339 (Spring 2011).

Criminal Procedure-Sentencing
Rethinking Proportionality Under The Cruel And Unusual Punishments Clause, 97 Virginia Law Review 899 (June 2011).

Disabilities Law-Americans With Disabilities Act
SYMPOSIUM: Disability Discrimination After The ADA Amendments Act Of 2008, 2010 Utah Law Review 983.

Disabilities Law-Individuals With Disabilities Education Act
A New IDEA For Special-Education Law: Resolving The "Appropriate" Educational Benefit Circuit Split And Ensuring A Meaningful Education For Students With Disabilities, 60 Catholic university Law Review 749 (Spring 2011).

Education Law-Cyberspace
Anti-Cyber Bullying Statutes: Threat To Student Free Speech, 59 Cleveland State Law Review 85 (2011).

Education Law-Individuals With Disabilities Education Act
A New IDEA For Special-Education Law: Resolving The "Appropriate" Educational Benefit Circuit Split And Ensuring A Meaningful Education For Students With Disabilities, 60 Catholic university Law Review 749 (Spring 2011).

Education Law-Informational Privacy
Please Don't Tell Mom! A Minor's Right To Informational Privacy, 40 Journal Of Law & Education 417 (July 2011).

Education Law-Student Speech
Category Shopping: Cracking The Student Speech Categories, 40 Stetson Law Review 877 (Spring 2011).

Education Law-Suspensions
Dangerous & Disruptive Or Simply Cutting Class; When Should Schools Kick Kids To The Curb?: An Empirical Study Of School Suspension And Due Process Rights, 13 Journal Of Law & Family Studies 1 (2011).

Environmental Law-Comprehensive Environmental Response, Compensation, And Liability Act
Obtaining A Declaratory Judgment Under CERCLA: Should The Past Control The Future?, 46 Wake Forest Law Review 359 (Summer 2011).

Family Law-Adoption
Virtual Adoption: The Inequities Of The Equitable Doctrine, 35 Nova Law Review 549 (Spring 2011).

Family Law-Child Custody
The Court, The Parent, And The Child: Mediator Perceptions Of The Purpose And Impact Of mandated Mediation In Child Custody Cases, 13 Journal Of Law & Family Studies 151 (2011).

Family Law-Child Custody
Reviled Mothers: Custody Modification Cases Involving Domestic Violence, 86 Indiana Law Journal 1587 (Fall 2011).

Family Law-Immigrants
A Final Obstacle: Barriers To Divorce for Immigrant Victims Of Domestic Violence In The United States, 34 Hamline Law Review 149 (Spring 2011).

Federal Courts-Fifth Circuit Court Of Appeals
Fifth Circuit SURVEY, July 2009 - June 2010, 43 Texas Tech Law Review 755 (Spring 2011).

Federal Courts-Ninth Circuit Court Of Appeals
Ninth Circuit SURVEY, 41 Golden Gate University Law Review287 (Spring 2011).

Federal Courts-Tenth Circuit Court Of Appeals
Thirty-Seventh Annual Tenth Circuit SURVEY, September 2009 - September 2010, 88 Denver University Law Review 313 (2011).

Juveniles-Constitutional Rights
Children's Constitutional Rights, 95 Minnesota Law Review 2099 (June 2011).

Juveniles-Fetal Alcohol Syndrome
SPECIAL ISSUE: Fetal Alcohol Syndrome, 38 Journal Of Psychiatry & Law 373 (Winter 2010).

Juveniles-Informational Privacy
Please Don't Tell Mom! A Minor's Right To Informational Privacy, 40 Journal Of Law & Education 417 (July 2011).

Labor & Employment Law-Age Discrimination In Employment Act
Tipping The Balance Back: An Argument For The Mixed Motive Theory Under The ADEA, 30 Saint Louis University Public Law Review 229 (2010).

Labor & Employment Law-Appearance Discrimination
Hotness Discrimination: Appearance Discrimination As A Mirror For Reflecting On The Body Of Employment-Discrimination Law, 60 Catholic University Law Review 615 (Spring 2011).

Labor & Employment Law-Discrimination In Employment
Through The Looking Glass And Beyond: The Future Of Disparate Impact Doctrine Under Title VIII, 61 Case Western Reserve Law Review 603 (Winter 2010).

Labor & Employment Law-Employee Free Choice Act
Employee "Free" Choice In The Mirror Of Liberty, Fairness, And Social Welfare, 60 Catholic University Law Review 575 (Spring 2011).

Labor & Employment Law-Family And Medical Leave Act
An Exercise In Backwards Logic: How Expanding The Family And Medical Leave Act Can Enhance Business Productivity During A Public Health Emergency, 27 The Journal Of Contemporary Health Law And Policy 251 (Spring 2011).

Labor & Employment Law-Genetic Information Nondiscrimination Act
The Genetic Information Nondiscrimination Act As An Antidiscrimination Law, 86 Notre Dame Law Review 597 (March 2011).

Labor & Employment Law-Retaliation
The Supreme Court's Antiretaliation Principle, 61 Case Western Reserve Law Review 375 (Winter 2010).

New York Law-Appellate Procedure
The Anthony V. Cardona ANNUAL ISSUE Of New York Appeals, 74 Albany Law Review 631 (2010/2011).

New York Law-Eminent Domain
SYMPOSIUM: Taking New York: Opportunities, Challenges & Dangers Posed By The Use Of Eminent Domain In New York, 38 Fordham Urban Law Journal 963 (May 2011).

New York Law-State Survey
2009-2010 SURVEY Of New York Law, 61 Syracuse Law Review 557 (2011).

Patent Law-Gene Patents
Patent Policy, Natural Products, And The Gene Patent Debate: Seeking The Proper Judicial Mode Of Analysis, 67 New York University Annual Survey Of American Law 95 (2011).

Patent Law-Patent Applications
Deterring Omissions In Patent Applications: Growing Challenges, proposed Adjustments And The Role Of Antitrust, 19 University Of Baltimore Intellectual Property Law Journal 17 (Fall 2010).

Prisons & Prisoners-Parental Incarceration
Rethinking Parental Incarceration, 82 University Of Colorado Law Review 793 (Summer 2011).

Prisons & Prisoners-Preventive Detention
SYMPOSIUM: Preventive Detention, 101 The Journal Of Criminal Law And Criminology 727 (Summer 2011).

Prisons & Prisoners-Strip Searches
Blanket Policies For Strip Searching Pretrial Detainees: An Interdisciplinary Argument For Reasonableness, 79 Fordham Law Review 2721 (May 2011).

Prisons & Prisoners-Voting By Prisoners
Voting Behind Bars: An Argument For Voting By prisoners, 54 Howard Law Journal 549 (Spring 2011).

Real Property Law-Eminent Domain
Environmental Contamination Evidence And Just Compensation: Taking Issue With Restraints On The Admissibility Of Evidence In Eminent Domain Proceedings, 34 Hamline Law Review 387 (Spring 2011).

Real Property Law-Implied Warranty Of Habitability
The "Backlash" Of The Implied Warranty Of Habitability: Theory Vs. Analysis, 60 DePaul Law Review 849 (Spring 2011).

Real Property Law-Implied Warranty Of Habitability
The Rise And Fall Of The Implied Warranty Of Habitability, 99 California Law Review 389 (April 2011).

Real Property Law-Sex Offender Registration
The Sex Offender Registration And Notification Act: The Need To Break The Constitutional Mold, 41 Golden Gate University Law Review 255 (Winter 2011).

Securities Law-Class Actions
Optimal Lead Plaintiffs, 64 Vanderbilt Law Review 1109 (May 2011).

Tort Law-Affirmative Duties
Reshaping The Traditional Limits Of Affirmative Duties Under The Third Restatement Of Torts, 44 The John Marshall Law Review 319 (Winter 2011).

Trials-Opening Statements
Displaying Digital Media During Opening Statements: Tactics, Techniques, And Pitfalls, 60 DePaul Law Review 789 (Spring 2011).

Trials-Self-Representation
Representational Competence: Defining The Limits Of The Right To Self-Representation At Trial, 86 Notre Dame Law Review 523 (March 2011).