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

Attorney & Client-Bankruptcy Practitioners-Ethical Considerations Of
The Ethics Panel: If I Knew Then What I Know Now - Lessons In Ethics And Professional Responsibility For New Bankruptcy And Insolvency Practitioners, 27 Emory Bankruptcy Developments Journal 313 (2011).

Bankruptcy Law-Ethical Considerations For Bankruptcy Practitioners
The Ethics Panel: If I Knew Then What I Know Now - Lessons In Ethics And Professional Responsibility For New Bankruptcy And Insolvency Practitioners, 27 Emory Bankruptcy Developments Journal 313 (2011).

Bankruptcy Law-Foreclosures
The Consumer Bankruptcy Panel: A Brave New World (Of Foreclosure) - New Hazards Plaguing Mortgages And Their Collective Impact On Consumer Bankruptcy, 27 Emory Bankruptcy Developments Journal 257 (2011).

Civil Rights Law-Municipal Liability
Who's Afraid Of Municipal Liability? The Supreme Court's Strange Exclusion Of § 1983 respondeat Superior Municipal Liability, 37 Ohio Northern University Law Review 461 (2011).

College & University Law-In-State Tuition For Immigrants
Immigration And Higher Education: The Debate Over In-State Tuition, 79 UMKC Law Review 877 (Summer 2011).

Commercial Law-Commercial Speech
The Openness Of The Commercial Free Speech Test And The Value Of Self-Realization, 88 University Of Detroit Mercy Law Review 17 (Fall 2010).

Communications Law-Cyberspce
Unraveling International Jurisdictional Issues On The World Wide Web, 88 University Of Detroit Mercy Law Review 1 (Fall 2010).

Communications Law-Cyberspce
Intermediaries And Hate Speech: Fostering Digital Citizenship For Our Information Age, 91 Boston University Law Review 1435 (July 2011).

Constitutional Law-Commercial Speech
The Openness Of The Commercial Free Speech Test And The Value Of Self-Realization, 88 University Of Detroit Mercy Law Review 17 (Fall 2010).

Constitutional Law-First Amendment
Catcalls: Protected Speech Or Fighting Words?, 33 Thomas Jefferson Law Review 273 (Spring 2011).

Constitutional Law-Interpretation
The Sacrifice Of The New Originalism, 99 The Georgetown Law Journal 713 (March 2011).

Constitutional Law-Public Forums
Purpose And Effects: Viewpoint-Discriminatory Closure Of A Designated Public Forum, 44 University Of Michigan Journal Of Law Reform 985 (Summer 2011). Constitutional Law-Second Amendment
In Search Of A Standard: Gun Regulations After Heller And McDonald, 70 Maryland Law Review 1131 (2011).

Constitutional Law-Takings Clause
The Revival Of Due Process Rights In Redevelopment Takings: Recent Developments In Due Process In State Eminent Domain Case Law, 42 The Urban Lawyer 581 (Summer 2010).

Constitutional Law-Takings Clause
Recent Developments In Challenging The Right To Take In Eminent Domain, 42 The Urban Lawyer 693 (Summer 2010).

Copyright Law-Copyrighted Works
What Is A Copyrighted Work? Why Does It Matter?, 58 UCLA Law Review 1175 (June 2011).

Criminal Law-Domestic Violence
Engendering Fairness In Domestic Violence Arrests: Improving Police Accountability Through The Equal Protection Clause, 60 Emory Law Journal 1011 (2011).

Criminal Law-Sex Offender Classification-Juveniles
When Yes Means No, Legally: An Eighth Amendment Challenge To Classifying Consenting Teenagers As Sex Offenders, 60 DePaul Law Review 1169 (Summer 2011).

Criminal Procedure-Death Penalty
Drawing The Line At Pushing "Play": Barring Video Montages As Victim Impact Evidence At Capital Sentencing Trials, 99 Kentucky Law Journal 845 (2010-2011).

Criminal Procedure-Death Penalty
Capital Hypocrisy: Does Compelling Jurors To Impose The Death Penalty Without Spiritual Guidance Violate Jurors' First Amendment Rights?, 48 American Criminal Law Review 217 (Winter 2011).

Criminal Procedure-Forfeiture
Criminal Forfeiture Procedure In 2011: An Annual Survey Of Developments In The Case Law, 47 Criminal Law Bulletin 593 (July-August 2011).

Criminal Procedure-Search & Seizure
Can You Find Me Now? The Federal Government's Attempt To Track Criminal Suspects Using Their Cell Phones, 43 Arizona State Law Journal 591 (Summer 2011).

Criminal Procedure-Search & Seizure
Good Faith, New Law, And The Scope Of The Exclusionary Rule, 99 The Georgetown Law Journal 1077 (April 2011).

Criminal Procedure-Sentencing
Cultural Background As A Mitigating Factor In Sentencing In The Federal Law Of The United States, 47 Criminal Law Bulletin 543 (July-August 2011).

Disabilities Law-Americans With Disabilities Act
The Underwhelming Impact Of The Americans With Disabilities Act Amendments Act, 40 University Of Baltimore Law Review 419 (Spring 2011).

Evidence Law-Electronic Discovery
Spare The Rod, Spoil The Litigator? The Varying Degrees Of Culpability Required For An Adverse Inference Sanction Regarding Spoliation Of Electronic Discovery, 99 Kentucky Law Journal 881 (2010-2011).

Evidence Law-Electronic Discovery
E-Discovery's Threat To Civil Litigation: Reevaluating Rule 26 For The Digital Age, 63 Rutgers Law Review 521 (Winter 2011).

Family Law-Child Custody
The AAML And A New Paradigm For "Thinking About" Child Custody Litigation: The Next Half Century, 24 Journal Of The American Academy Of Matrimonial Lawyers 107 (2011).

Family Law-Child Support
Pre-Emption Or Abdication? Courts Rule Federal Law Trumps State Law In Child Support Jurisdiction, 24 Journal Of The American Academy Of Matrimonial Lawyers 217 (2011).

Family Law-Domestic Violence
Engendering Fairness In Domestic Violence Arrests: Improving Police Accountability Through The Equal Protection Clause, 60 Emory Law Journal 1011 (2011).

Family Law-Marriage
Modernizing Marriage, 44 University Of Michigan Journal Of Law Reform 735 (Summer 2011). Family Law-Paternity
If The Genes Don't Fit: An Overview Of Paternity Disestablishment Statutes, 24 Journal Of The American Academy Of Matrimonial Lawyers 249 (2011).

Family Law-Uniform Interstate Family Support Act
The Uniform Interstate Family Support Act (UIFSA) 2008: Enforcing International Obligations Through Cooperative Federalism, 24 Journal Of The American Academy Of Matrimonial Lawyers 33 (2011).

Food & Drug Law-Imported Prescription Drugs
Patients At Risk: The Need To Amend The Food, Drug, And Cosmetic Act To Ensure The Safety Of Imported Prescription Drugs, 33 Thomas Jefferson Law Review 297 (Spring 2011).

Food & Drug Law-Off Label Speech
Silent Warning: The FDA's Ban On Off-Label Speech: Is It Protecting Our Safety?, 94 Marquette Law Review 983 (Spring 2011).

Housing Law-Neighbor On Neighbor Harassment
Neighbor-On-Neighbor Harassment: Does The Fair Housing Act Make A Federal Case Of It?, 61 Case Western Reserve Law Review 865 (Spring 2011).

Immigration Law-Deportation
Remedies For The Wrongly Deported: Territoriality, Finality, And the Significance Of Departure, 33 University Of Hawaii Law Review 139 (Winter 2010).

Immigration Law-Employer Immigration Law Violations
Employer Prosecutions triggered By Allegations Of Immigration Law Violations: Legitimate Law Enforcement Or A Misguided Policy Tool, 79 UMKC Law Review 827 (Summer 2011).

Immigration Law-In-State Tuition For Immigrants
Immigration And Higher Education: The Debate Over In-State Tuition, 79 UMKC Law Review 877 (Summer 2011).

Judges-Campaign Contributions To
Reciprocity, Denial, And The Appearance Of impropriety: Why Self-Recusal Cannot Remedy The Influence Of Campaign Contributions On Judges' Decisions, 26 The Journal Of Law & Politics 359 (Spring 2011).

Juveniles-Sex Offender Classification
When Yes Means No, Legally: An Eighth Amendment Challenge To Classifying Consenting Teenagers As Sex Offenders, 60 DePaul Law Review 1169 (Summer 2011).

Labor & Employment Law-Discrimination In Employment
The Telltale Sign Of Discrimination: Probabilities, Information Asymmetries, And The Systemic Disparate Treatment Theory, 44 University Of Michigan Journal Of Law Reform 797 (Summer 2011). Labor & Employment Law-Discrimination In Employment
Employment Discrimination Plaintiffs In The District Of Maryland, 96 Cornell Law Review 1247 (July 2011).

Labor & Employment Law-Earned Income Tax Credit
Does A Higher Minimum Wage Enhance The Effectiveness Of The Earned Income Tax Credit?, 64 Industrial & Labor Relations Review 712 (July 2011).

Labor & Employment Law-Immigration Law Violations
Employer Prosecutions Triggered By Allegations Of Immigration Law Violations: Legitimate Law Enforcement Or A Misguided Policy Tool, 79 UMKC Law Review 827 (Summer 2011).

Patent Law-Repeat Patent Litigants
Patent Quality And Settlement Among Repeat Patent Litigants, 99 The Georgetown Law Journal 677 (March 2011).

Prisons & Prisoners-Prison Rape Elimination Act
The "Turning-Out" Of Boys In A Man's Prison: Why And How We Need To Amend The Prison Rape Elimination Act, 44 Indiana Law Review 819 (2011).

Prisons & Prisoners-Segregation
Strategic Segregation In The Modern Prison, 48 American Criminal Law Review 1 (Winter 2011).

Real Property Law-Religious Land Use And Institutionalized Persons Act
The Religious Land Use And Institutionalized Persons Act - Recent Developments, 42 The Urban Lawyer 561 (Summer 2010).

Real Property Law-Takings Clause
The Revival Of Due Process Rights In Redevelopment Takings: Recent Developments In Due Process In State Eminent Domain Case Law, 42 The Urban Lawyer 581 (Summer 2010).

Real Property Law-Takings Clause
Recent Developments In Challenging The Right To Take In Eminent Domain, 42 The Urban Lawyer 693 (Summer 2010).

Real Property Law-Zoning
Zoning Finality: Reconceptualizing Res Judicata Doctrine In Land Use Cases, 63 Florida Law Review 1139 (September 2011).

Statutes-Facial Challenges
Fact And Fiction About Facial Challenges, 99 California Law Review 915 (August 2011).

Statutes-Statutory Interpretation
SYMPOSIUM: Statutory Interpretation: How Much Work Does Language Do?, 76 Brooklyn Law Review 901 (Spring 2011).

Statutes-Statutory Interpretation
Theory And Practice In Statutory Interpretation, 43 Texas Tech Law Review 1185 (Summer 2011).

Tax Law-Charitable Deductions
A Lay Word For A Legal Term: How The Popular Definition Of Charity Has Muddled The Perception Of The Charitable Deduction, 89 Nebraska Law Review 997 (2011).

Tax Law-Earned Income Tax Credit
Does A Higher Minimum Wage Enhance The Effectiveness Of The Earned Income Tax Credit?, 64 Industrial & Labor Relations Review 712 (July 2011).

Tort Law-Alien Tort Statute
The Alien Tort Statute And Prudential Exhaustion, 96 Cornell Law Review 1273 (July 2011).

Trademark Law-Dilution
The Myth Of Buick Aspirin: An Empirical Study Of Trademark Dilution By Product And Trade Names, 32 Cardozo Law Review 2533 (July 2011).

Trials-Eyewitness Testimony
Teach Your Jurors Well: Using Jury Instructions To Educate Jurors About Factors Affecting The Accuracy Of Eyewitness Testimony, 70 Maryland Law Review 1044 (2011).

Trials-Jury Selection
Widening Batson's Net To Ensnare More Than The Unapologetically Bigoted Or Painfully Unimaginative Attorney, 96 Cornell Law Review 1075 (July 2011).

Witnesses-Eyewitnesses
Teach Your Jurors Well: Using Jury Instructions To Educate Jurors About Factors Affecting The Accuracy Of Eyewitness Testimony, 70 Maryland Law Review 1044 (2011).