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

Aviation Law-Air Disasters
Criminalization Of Air Disasters: What Goal, If Any, Is Being Achieved?, 76 Journal Of Air Law And Commerce 407 (Summer 2011).

Aviation Law-Standard Of Care
Standard Of Care Preemption In Aviation Litigation: Halting Steps To A Coherent Analysis, 76 Journal Of Air Law And Commerce 327 (Summer 2011).

Bankruptcy Law-Chapter 11
The Creditors' Bargain And Option-Preservation Priority In Chapter 11, 78 The University Of Chicago Law Review 759 (Summer 2011).

Bankruptcy Law-Municipal Insolvencies
Running On Empty: Municipal Insolvency And Rejection Of Collective Bargaining Agreements In Chapter 9 Bankruptcy, 36 Southern Illinois University Law Journal 45 (Fall 2011).

Civil Procedure-Injunctions-Preliminary
Freeze Frame: The Supreme Court's Reaffirmation Of The Substantive Principles Of Preliminary Injunctions, 47 Gonzaga Law Review 51 (2011-2012).

Civil Procedure-Jurisdiction-Personal
The Timing Of Minimum Contacts After Goodyear And McIntyre, 80 The George Washington Law Review 202 (November 2011).

Civil Rights-Affirmative Action
Affirmative Action As Government Speech, 59 UCLA Law Review 2 (October 2011).

Commercial Law-Credit Rating Agencies
Horseshoes And Hand Grenades: The Dodd-Frank Act's (Almost) Attack On Credit Rating Agencies, 39 Hofstra Law Review 937 (Summer 2011).

Commercial Law-Fair Debt Collection Practices Act
Debt Collection In The Information Age: New technologies And The Fair Debt Collection Practices Act, 99 California Law Review 1601 (December 2011).

Commercial Law-Mortgage Lending
Fair Lending 2.0: A Borrower-Based Solution To Discrimination In Mortgage Lending, 45 University Of Michigan Journal Of Law Reform 113 (Fall 2011).

Communications Law-Cyberspace
Adding Injury To Insult: Injurious Speech On The Internet And Its Implications For The First Amendment, 34 Hastings Communications And Entertainment Law journal 1 (Fall 2011).

Communications Law-Cyberspace
Computer And Electronic Snooping: Opportunities To Violate State And Local Federal Law, 34 American Journal Of Trial Advocacy 473 (Spring 2011).

Communications Law-Cyberspace
How Public Schools Can Constitutionally Halt Cyberbullying: A Model Cyberbullying Policy That Considers First Amendment, Due Process, And Fourth Amendment Challenges, 46 Wake Forest Law Review 641 (2011).

Communications Law-Cyberspace
Deputizing Internet Service Providers: How The Government Avoids Fourth Amendment Protections, 67 New York University Annual Survey Of American Law 235 (2011).

Communication Law-Cyberspace
When Children's Rights "Collide": Free Speech Vs. The Right To Be Let Alone In the Context Of Off-Campus "Cyber-Bullying," 81 Mississippi Law Journal 189 (2011).

Constitutional Law-Affirmative Action
Affirmative Action As Government Speech, 59 UCLA Law Review 2 (October 2011).

Constitutional Law-Confrontation Clause
Dead Again: The Latest Demise Of The Confrontation Clause, 80 Fordham Law Review 1301 (December 2011).

Constitutional Law-First Amendment
Technologies Of Control And The Future Of The First Amendment, 53 William And Mary Law Review 747 (November 2011).

Constitutional Law-First Amendment
Adding Injury To Insult: Injurious Speech On The Internet And Its Implications For The First Amendment, 34 Hastings Communications And Entertainment Law journal 1 (Fall 2011).

Constitutional Law-First Amendment
The First Amendment And Speech-Based Torts: Recalibrating The Balance, 66 University Of Miami Law Review 157 (Fall 2011).

Constitutional Law-Interpretation
Comparing Apples To Apples: A Federalism-Based Theory For The Use Of Founding-Era State Constitutions To Interpret The Constitution, 100 The Georgetown Law Journal 295 (November 2011).

Constitutional Law-Police Activity-Recording Of
Policing The Police: Freedom Of The Press, The Right To Privacy, And Civilian Recordings Of Police Activity, 80 The George Washington Law Review 274 (November 2011).

Constitutional Law-State Constitutionalism
SYMPOSIUM: State Constitutionalism In The 21st Century, 115 Penn State Law Review 779 (2011).

Constitutional Law-Takings Clause
Kelo-Style Failings, 72 Ohio State Law Journal 777 (2011).

Constitutional Law-Takings Clause
Every Grain Of Sand: Would A Judicial Takings Doctrine Freeze The Common Law Of Property?, 61 Duke Law Journal 433 (November 2011).

Contracts-Damages
The Missing Elements Of Contract Damages, 84 Temple Law Review 119 (Fall 2011).

Criminal Law-Child Sexual Abuse
Child Sexual Abuse: Moving Toward A Balanced And Rational Approach To The Case Everyone Abhors, 34 American Journal Of Trial Advocacy 517 (Spring 2011).

Criminal Procedure-Child Sexual Abuse
Child Sexual Abuse: Moving Toward A Balanced And Rational Approach To The Case Everyone Abhors, 34 American Journal Of Trial Advocacy 517 (Spring 2011).

Criminal Procedure-Confrontation Clause
Dead Again: The Latest Demise Of The Confrontation Clause, 80 Fordham Law Review 1301 (December 2011).

Criminal Procedure-Death Penalty
Executing Those Who Do Not Kill: A Categorical Approach To Proportional Sentencing, 48 American Criminal Law Review 1371 (Summer 2011).

Criminal Procedure-Double Jeopardy
Double Jeopardy As A Limit On Punishment, 97 Cornell Law Review 45 (November 2011).

Criminal Procedure-Jurors-Sleeping
Convicted By A Sleeping Jury: Harmless Error Or A Challenge To the Integrity Of Our Criminal Justice System?, 44 The John Marshall Law Review 751 (Spring 2011).

Criminal Procedure-Police Mistakes Of Law
Police Mistakes Of Law, 61 Emory Law Journal 69 (2011).

Criminal Procedure-Search & Seizure
Judicial Confusion And The Digital Drug Dog Sniff: Pragmatic Solutions Permitting Warrantless Hashing Of Known Illegal Files, 19 George Mason Law Review 255 (Fall 2011).

Criminal Procedure-Search & Seizure
Randomization And The Fourth Amendment, 78 The University Of Chicago Law Review 809 (Summer 2011).

Criminal Procedure-Search & Seizure
Time For The Court To Become "Intimate" With Surveillance Technology, 52 Boston College Law Review 1909 (November 2011).

Criminal Procedure-Search & Seizure
Restoring Privacy At The Border: Extending The Reasonable Suspicion Standard For Laptop Border Searches, 43 Columbia Human Rights Law Review 301 (Fall 2011).

Criminal Procedure-Search & Seizure
Computer Seizures And Searches: Rethinking The Applicability Of The Plain View Doctrine, 83 Temple Law Review 1097 (Summer 2011).

Criminal Procedure-Search & Seizure
Quantifying Katz: Empirically Measuring "Reasonable Expectations Of Privacy" In The Fourth Amendment Context, 38 American Journal Of Criminal Law (Summer 2011).

Criminal Procedure-Search & Seizure
Knock, Knock, Who's There?: Undercover Officers, Police Informants, And The "Consent Once Removed" Doctrine, 41 Seton Hall Law Review 1569 (2011).

Criminal Procedure-Search & Seizure
Crime Mapping And The Fourth Amendment: Redrawing "High-Crime" Areas, 63 Hastings Law Journal 179 (December 2011).

Criminal Procedure-Search & Seizure
Seized By The Moment - But Which Moment? How A Physical Force Seizure Requires Only Contact With Intent To Restrain, Not Intentional Termination Of Movement, 48 American Criminal Law Review 1485 (Summer 2011).

Criminal Procedure-Search & Seizure
Deputizing Internet Service Providers: How The Government Avoids Fourth Amendment Protections, 67 New York University Annual Survey Of American Law 235 (2011).

Criminal Procedure-Sentencing
Beyond Rehabilitation: A New Theory Of Indeterminate Sentencing, 48 American Criminal Law Review 1247 (Summer 2011).

Criminal Procedure-Sentencing
Baseline Framing In Sentencing, 121 The Yale Law Journal 426 (November 2011).

Criminal Procedure-Tasers
The Shocking Truth: Law Enforcement's Use And Abuse Of Tasers And The Need For Reform, 56 Villanova Law Review 363 (2011).

Damages-Contracts
The Missing Elements Of Contract Damages, 84 Temple Law Review 119 (Fall 2011).

Damages-Posttraumatic Stress Disorder
Diagnosing Liability: The Legal History Of Posttraumatic Stress Disorder, 84 Temple Law Review 1 (Fall 2011).

Disabilities Law-Americans With Disabilities Act
Overview Of Reasonable Accommodation And The Shifting Emphasis From Who Is Disabled To Who Can Work, 34 Hamline Law Review 469 (Summer 2011).

Disabilities Law-Independent Contractors
State-Funded Discrimination: Section 504 Of The Rehabilitation Act And Its Uneven Application To Independent Contractors And Other Workers, 60 Catholic University Law Review 1143 (Fall 2011).

Disabilities Law-Independent Contractors
Defining Independent Contractor Protection Under The Rehabilitation Act, 34 Hamline Law Review 435 (Summer 2011).

Education Law-Cyberbullying
How Public Schools Can Constitutionally Halt Cyberbullying: A Model Cyberbullying Policy That Considers First Amendment, Due Process, And Fourth Amendment Challenges, 46 Wake Forest Law Review 641 (2011).

Education Law-Cyberbullying
When Children's Rights "Collide": Free Speech Vs. The Right To Be Let Alone In the Context Of Off-Campus "Cyber-Bullying," 81 Mississippi Law Journal 189 (2011).

Evidence Law-Recanted Testimony
Seen But Not Heard: An Argument For Granting Evidentiary Hearings To Weigh The Credibility Of Recanted Testimony, 46 Georgia Law Review 213 (Fall 2011).

Family Law-Naming Children
Naming Baby: The Constitutional Dimensions Of Parental Naming Rights, 80 The George Washington Law Review 159 (November 2011).

Family Law-Sibling Rights
Delicate Balances: Assessing The Needs And Rights Of Siblings In Foster Care To Maintain their Relationships Post-Adoption, 41 New Mexico Law Review 1 (Spring 2011).

Federal Civil Procedure-De Novo Determinations
Deciphering De Novo Determinations: Must District Courts Review Objections Not Raised Before A Magistrate Judge?, 111 Columbia Law Review 1557 (November 2011).

Federal Civil Procedure-Standing
Using Tort Law To Understand The Causation Prong Of Standing, 80 Fordham Law Review 1241 (December 2011).

Health Law-Health Insurance Mandate
Religious Exemptions To the PPACA's Health Insurance Mandate, 37 American Journal Of Law & Medicine 624 (2011).

Immigration Law-State Regulation
The Unconstitutionality Of State Regulation Of Immigration Through Criminal Law, 61 Duke Law Journal 251 (November 2011).

Judgments-Foreign Judgments
Forum Non Conveniens And The Enforcement Of Foreign Judgments, 111 Columbia Law Review 1444 (November 2011).

Labor & Employment Law-Americans With Disabilities Act
Overview Of Reasonable Accommodation And The Shifting Emphasis From Who Is Disabled To Who Can Work, 34 Hamline Law Review 469 (Summer 2011).

Labor & Employment Law-Discrimination In Employment
Disparate Impact Realism, 53 William And Mary Law Review 621 (November 2011).

Labor & Employment Law-Discrimination In Employment
The Meaning Of "Because" In Employment Discrimination Law: Causation In Title VII Retaliation Cases After Gross, 78 The University Of Chicago Law Review 1031 (Summer 2011).

Labor & Employment Law-Discrimination In Employment
Employer Discrimination Against Individuals With A Criminal Record: The Unfulfilled Role Of State Fair Employment Agencies, 83 Temple Law Review 1007 (Summer 2011).

Labor & Employment Law-Independent Contractors
State-Funded Discrimination: Section 504 Of The Rehabilitation Act And Its Uneven Application To Independent Contractors And Other Workers, 60 Catholic University Law Review 1143 (Fall 2011).

Labor & Employment Law-Independent Contractors
Defining Independent Contractor Protection Under The Rehabilitation Act, 34 Hamline Law Review 435 (Summer 2011).

Landlord & Tenant-Bedbugs
Don't Let Them Bite: Defining The Responsibilities Of Landlords And Tenants In The Event Of A Bedbug Infestation, 80 The George Washington Law Review 243 (November 2011).

Municipal Law-Municipal Insolvencies
Running On Empty: Municipal Insolvency And Rejection Of Collective Bargaining Agreements In Chapter 9 Bankruptcy, 36 Southern Illinois University Law Journal 45 (Fall 2011).

Patent Law-Gene Patents
Gene Patents: The Controversy And The Law In The Wake Of Myriad, 44 Suffolk University Law Review 683 (2011).

Patent Law-Gene Patents
DNA As Patentable Subject Matter And A Narrow Framework For Addressing The Perceived Problems Caused By Gene Patents, 61 Duke Law Journal 731 (December 2011).

Patent Law-Useful Requirement
A Surprisingly Useful Requirement, 19 George Mason Law Review 57 (Fall 2011).

Prisons & Prisoners-Sex Offenders
Rethinking The Indefinite Detention Of Sex Offenders, 44 Connecticut Law Review 161 (November 2011).

Real Property Law-Mortgage Lending
Fair Lending 2.0: A Borrower-Based Solution To Discrimination In Mortgage Lending, 45 University Of Michigan Journal Of Law Reform 113 (Fall 2011).

Real Property Law-Takings Clause
Kelo-Style Failings, 72 Ohio State Law Journal 777 (2011).

Real Property Law-Takings Clause
Every Grain Of Sand: Would A Judicial Takings Doctrine Freeze The Common Law Of Property?, 61 Duke Law Journal 433 (November 2011).

Restitution-Restatement (Third) Of Restitution & Unjust Enrichment
Restitution Rollout: The Restatement (Third) Of Restitution & Unjust Enrichment, 68 Washington And Lee Law Review 865 (Fall 2011).

Securities Law-Fraud
Secondary Liability For Securities Fraud: Gatekeepers In State Court, 36 Delaware Journal Of Corporate Law 463 (2011).

Securities Law-Fraud
What Is Securities Fraud?, 61 Duke Law Journal 511 (December 2011).

Securities Law-Private Securities Litigation Reform Act
A License To Lie: The Private Securities Litigation Reform Act's Safe Harbor For Forward-Looking Statements Does Not Protect False Or Misleading Statements When Made With Meaningful Cautionary Language, 60 Catholic University Law Review 1083 (Fall 2011).

Sports Law-Retired Athletes With Concussion-Caused Dementia
Injury Time-Out: Justifying Workers' Compensation Awards To Retired Athletes With Concussion-Caused Dementia, 84 Temple Law Review 119 (Fall 2011).

Statutes-Statutory Interpretation
Turning Unambiguous Statutory Materials Into Ambiguous Statutes: Ordering Principles, Avoidance, And Transparent Justification In Cases Of Interpretive Choice, 61 Duke Law Journal 583 (December 2011).

Tax Law-Estate & Gift Tax
The Federal Estate And Gift Tax: A Case Study In Uncertainty, 64 National Tax Journal 943 (December 2011).

Tort Law-Computer Fraud And Abuse Act
"What Does CFAA Mean And Why Should I Care?" A Primer On The Computer Fraud And Abuse Act For Civil Litigators, 63 South Carolina Law Review 141 (Autumn 2011).

Tort Law-Posttraumatic Stress Disorder
Diagnosing Liability: The Legal History Of Posttraumatic Stress Disorder, 84 Temple Law Review 1 (Fall 2011).

Tort Law-Products Liability
Risky Business: Liability Of Product Sellers Who Offer Safety Devices As Optional Equipment, 39 Hofstra Law Review 807 (Summer 2011).

Tort Law-Speech-Based Torts
The First Amendment And Speech-Based Torts: Recalibrating The Balance, 66 University Of Miami Law Review 157 (Fall 2011).

Virginia Law-Annual Survey
Annual Survey Of Virginia Law, 46 University Of Richmond Law Review 9 (2011).

Workers' Compensation-Retired Athletes With Concussion-Caused Dementia
Injury Time-Out: Justifying Workers' Compensation Awards To Retired Athletes With Concussion-Caused Dementia, 84 Temple Law Review 119 (Fall 2011).