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

Aviation Law-Animals
Keeping The "Live" In Live Animal Air Cargo Transport, 76 Journal Of Air Law And Commerce 229 (Spring 2011).

Aviation Law-Cell Phones
Will The Ban On In-Flight Cell Phone Use Be "Up In The Air" Much Longer?, 76 Journal Of Air Law And Commerce 289 (Spring 2011).

Civil Procedure-Class Actions
The Class Action Fairness Act Of 2005: The Limits Of Its Text And The Need for Legislative Clarification, Not Judicial Interpretation, 38 Florida State University Law Review 679 (Spring 2011).

Commercial Law-Credit CARD Act
From The Schoolhouse To The Poorhouse: The Credit Card Act's Failure To Adequately Protect Young Consumers, 56 Villanova Law Review 1 (2011).

Communications Law-"Junk Faxes"
Protection Of "Innocent Lawbreakers": Striking The Right Balance In The Private Enforcement Of The Anti "Junk Fax" Provisions Of The Telephone Consumer Protection Act, 90 Nebraska Law Review 70 (2011).

Constitutional Law-Establishment Clause
Courts Mistakenly Cross-Out Memorials: Why The Establishment Clause Is Not Violated By Roadside Crosses, 39 Hofstra Law Review 723 (Spring 2011).

Constitutional Law-Establishment Clause
Symbplic Religious Expression On Public Property: Implications For The Integrity Of Religious Associations, 38 Florida State University Law Review 481 (Spring 2011).

Constitutional Law-Government Speech
SYMPOSIUM: Government Speech: The Government's Ability To Compel And Restrict Speech, 61 Case Western Reserve Law Review 1081 (Summer 2011).

Constitutional Law-Negative Speech
The Subordinate Status Of Negative Speech Rights, 59 Buffalo Law Review 847 (August 2011).

Constitutional Law-Privileges Or Immunities Clause
The Original Public Understanding Of Privileges Or Immunities, 2011 Brigham Young University Law Review 445.

Constitutional Law-Sex Offender Travel Rights
The Adam Walsh Act's Sex Offender Registration And Notification Requirements And The Commerce Clause: A Defense Of Congress's Power To Check the Interstate Movement Of Unregistered Sex Offenders, 56 Villanova Law Review 51 (2011).

Constitutional Law-Sexting
OMG! "Sexting": First Amendment Right Or Felony?, 38 Southern University Law Review 293 (Spring 2011).

Copyright Law-Digital Music
And Justice For...: An Analysis Of Digital Music, Fair Use And Audience Rights, 4 The Journal Of Business, Entrepreneurship & The Law 43 (2010).

Copyright Law-Literary Characters
The Story Of A Character: Establishing The Limits Of Independent Copyright Protection For Literary Characters, 86 Chicago-Kent Law Review 1305 (2011).

Criminal Law-Antitrust Cases
The Potential Role Of Civil Antitrust Damage Analysis In Determining Financial Penalties In Criminal Antitrust Cases, 18 George Mason Law Review 953 (Summer 2011).

Criminal Law-Sexting
OMG! "Sexting": First Amendment Right Or Felony?, 38 Southern University Law Review 293 (Spring 2011).

Criminal Law-White Collar Crime
Twenty-Sixth ANNUAL SURVEy Of White Collar Crime, 48 American Criminal Law Review 287 (Spring 2011).

Criminal Procedure-Jailhouse Snitch Testimony
Smokes, Candy, And The Bloody Sword: How Classifying Jailhouse Snitch Testimony As Direct, Rather Than Circumstnatial, Evidence Contributes To Wrongful Convictions, 45 University Of San Franciso Law Review 1103 (Spring 2011).

Criminal Procedure-Search & Seizure
No Requirement Left Behind: The Inadvertent Discovery Requirement - Protecting Citizens One File At A Time, 45 Valparaiso University Law Review 1529 (Summer 2011).

Criminal Procedure-Search & Seizure
Hiding In Plain Sight: Protection From GPS Technology Requires Congressional Action, Not A Stretch Of The Fourth Amendment, 62 Mercer Law Review 1243 (Summer 2011).

Criminal Procedure-Search & Seizure
The Bilateral Fourth Amendment And The Duties Of Law-Abiding Persons, 99 The Georgetown Law Journal 1517 (August 2011).

Criminal Procedure-Search & Seizure
The Plain (Or Not So Plain) View Doctrine: Applying The Plain View Doctrine To Digital Seizures, 79 University Of Cincinnati Law Review 1163 (Spring 2011).

Criminal Procedure-Search & Seizure
Big Brother Is Watching: The Reality Show You Didn't Audition For, 63 Oklahoma Law Review 461 (Spring 2011).

Criminal Procedure-Sentencing
Applying Apprendi To Jury Sentencing: Why State Felony Jury Sentencing Threatens The Right To A Jury Trial, 2011 University Of Illinois Law Review 1359.

Criminal Procedure-Sentencing
Construing The Outer Limits Of Sentencing Authority: A Proposed Bright-Line Rule For Noncapital Proportionality Review, 2011 Brigham Young University Law Review 567.

Damages-Punitive Damages
Punishing For The Injury: Tort Law's Influence In Defining The Constitutional Limitations On Punitive Damage Awards, 39 Hofstra Law Review 595 (Spring 2011).

Education Law-Drug Testing Of Teachers
The Constitutional And Contractual Controversy Of Suspicionless Drug Testing Of Public School Teachers, 63 Oklahoma Law Review 421 (Spring 2011).

Education Law-First Amendment
ACLU V. Miami-Dade County School Board: Reading Pico Imprecisely, Writing Undue Restrictions On Public School Library Books, And Adding To The Collection Of Students' First Amendment Right Violations, 56 Villanova Law Review 97 (2011).

Education Law-First Amendment
Tinker At A Breaking Point: Why The Specter Of Cyberbullying Cannot Excuse Impermissible Public School Regulation Of Off-Campus Student Speech, 2011 Brigham Young University Law Review 501.

Education Law-Service Dogs
Grooming Dogs For The Educational Setting: The "IDEIA" Behind Service Dogs In The Public Schools, 39 Hofstra Law Review 757 (Spring 2011).

Environmental Law-Comprehensive Environmental Response, Compensation, And Liability Act
A Proposal To Balance Polluter And Community Intervention In CERCLA Litigation, 38 Ecology Law Quarterly 401 (2011).

Evidence Law-Scientific Evidence
Science, Law, And Truth: Defining The Scope Of The Daubert Trilogy, 86 Notre Dame Law Review 1289 (July 2011).

Family Law-Abused And Neglected Children
Getting Abused And Neglected Children Into Court: A Child's Right To Access Under The Petition Clause Of the First Amendment, 2011 University Of Illinois Law Review 1419.

Family Law-Islamic Marriage Agreements
How To Judge Shari'a Contracts: A Guide To Islamic Marriage Agreements In American Courts, 2011 Utah Law Review 287.

Family Law-Parental Rights
The "Other" Parent: Protecting The Rights Of Noncustodial Parents In Emergency Removal Situations, 79 University Of Cincinnati Law Review 1189 (Spring 2011).

Federal Courts-Eleventh Circuit Court Of Appeals
Eleventh Circuit SURVEY - January, 2010 - December 31, 2010, 62 Mercer Law Review 1053 (Summer 2011).

Jurisprudence-Shari'a Law
How To Judge Shari'a Contracts: A Guide To Islamic Marriage Agreements In American Courts, 2011 Utah Law Review 287.

Labor & Employment Law-Conviction Records
Conviction Records And Disparate Impact, 26 ABA Journal Of Labor & Employment Law 405 (Spring 2011).

Labor & Employment Law-Discrimination In Employment
The Mixed Motive Mess: Defining And Applying A Mixed-Motive Framework, 26 ABA Journal Of Labor & Employment Law 461 (Spring 2011).

Labor & Employment Law-Language Discrimination
Respecting Language As Part Of Ethnicity: Title VII And Language Discrimination At Work, 27 Harvard Journal On Racial & Ethnic Justice 97 (Spring 2011).

Labor & Employment Law-Social Networking Sites
The References Of The Twenty-First Century: Regulating Employers' Use Of Social Networking Sites As An Applicant Screening Tool, 35 Southern Illinois University Law Journal 499 (Spring 2011).

Labor & Employment Law-Workday-Definition Of
Continuous Confusion: Defining The Workday In The Modern Economy, 26 ABA Journal Of Labor & Employment Law 363 (Spring 2011).

Patent Law-Gene Sequence Patents
Jurisprudential And Economic Justifications For Gene Sequence Patents, 90 Nebraska Law Review 196 (2011).

Patent Law-Infringement
An Objective View Of Fault In Patent Infringement, 60 American University Law Review 1575 (August 2011).

Statutes-Severability
Severability Of Statutes, 62 Hastings Law Journal 1495 (July 2011).

Tax Law-Employer Bequests
The Taxation Of A Gift Or Inheritance From An Employer, 64 The Tax Lawyer 273 (Winter 2011).

Tax Law-Employer Gifts
The Taxation Of A Gift Or Inheritance From An Employer, 64 The Tax Lawyer 273 (Winter 2011).

Tort Law-Medical Device Cases
The Medical Device Federal Preemption Trilogy: Salvaging Due Process For Injured Patients, 35 Southern Illinois University Law Journal 453 (Spring 2011).

Tort Law-Medical Malpractice
SYMPOSIUM On Medical Malpractice And Compensation In Global Perspective: Part I, 86 Chicago-Kent Law Review 1021 (2011).

Tort Law-Products Liability
Fairness And Utility In Products Liability: Balancing Individual Rights And Social Welfare, 38 Florida State University Law Review 597 (Spring 2011).

Trademark Law-Irreparable Harm
The Irreparably Harmed Presumption? Why The Presumption Of Irreparable Harm In Trademark Law Will Survive eBay And Winter, 2011 Brigham Young University Law Review 535.

Trials-Bias-Post Verdict Evidence Of
12 Racist Men: Post-Verdict Evidence Of Juror Bias, 27 Harvard Journal On Racial & Ethnic Justice 165 (Spring 2011).

Trials-Juries
Jury 2.0, 62 Mercer Law Review 1579 (Summer 2011).

Witnesses-Religious Face Coverings
Timing Is Of The Essence: Reviving The Neutral Law Of General Applicability Standard And Applying It To Restrictions Against Religious Face Coverings Worn While Testifying In Court, 18 George Mason Law Review 1013 (Summer 2011).