Southwestern Law Review | Southwestern Law School

Southwestern Law Review | Southwestern Law School Southwestern Law School Los Angeles The Southwestern Law Review is a student-edited quarterly journal that publishes scholarly articles and commentary on the law contributed by prominent jurists, practitioners, law professors, and student members of the Law Review staff. Participation in the Law Review program provides students with the opportunity for concentrated study in specific areas of the law and enhances their skills in legal research, writing, and analysis. Each Law Review member has demonstrated outstanding academic achievement and a solid foundation in legal skills. Students ranked in the top 10% of the Full-time Day, Full-time Online or SCALE I, and second year Part-time Day, Part-time Online, PLEAS classes are invited to participate on Law Review. Additionally, several students in the top 30% of their class are extended invitations based on their performance in the annual Summer Write-On Competition. The entire editorial and publication process is directed by an editorial board composed of students who have met stringent academic requirements and have at least one year of membership on the Law Review staff. Under the close supervision of the Law Review Faculty Advisors, all incoming staff members write a draft note during the fall semester Law Review Staff Seminar. The staff members revise these draft notes during the spring semester and submit the drafts to the editorial board for possible publication. The Southwestern Law Review focuses on a variety of legal issues in California and federal law. Recent volumes have featured articles examining environmental law, the First Amendment, labor law, family law, public interest law, health law, copyright, criminal procedure, the right to privacy, sexual harassment, and the federal and state Statutes of Limitation. As part of its activities, the Law Review also sponsors symposia and the Distinguished Lecture Series. These programs feature prominent members of the legal community who lecture or participate in panel discussions on topical legal issues. Recent symposia have covered topics such as: Widening the Lens of Justice: Unmasking the Layers of Racial and Social Inequality A Conversation About Deported Americans New Frontiers in Torts: The Challenges of Science, Technology, and Innovation Immigration in the Trump Era Modern Implications of the Laws of War Stuck in Forward? Debt, Austerity and the Possibilities of the Political, a ClassCrits Workshop 40 Years of LGBT Legal Activism - Taking Stock and Looking Ahead CERCLA and the Future of Liability-Based Environmental Regulation Beyond Borders - Extraterritoriality in American Law Bankruptcy in the New Millennium The Evolution of J.D. Programs - Is Non-Traditional Becoming More Traditional? Issues, Subscriptions and Submissions The Southwestern Law Review is published three times annually, books one and two of each volume in Fall and books three and four in Spring. Please direct submissions to the Southwestern Law Review email at lawreview@swlaw.edu. Current Subscription Rates Law Review (domestic): $38.00 a year Law Review (foreign): $43.00 a year Single copies (domestic): $17.00 Single copies (foreign): $22.00 Current issues can be ordered directly from Law Review. Unless otherwise requested, it is mailed at bulk rate. For some overseas subscribers, delivery via airmail may be more reliable than standard bulk rate service. If a notice of termination is not received before the expiration of a subscription, the subscription will be automatically renewed. Unless a claim is made for non-receipt of an issue within six months after the mailing date, that issue will not be supplied free of charge. Back issues of the Southwestern Law Review are also available in an image based format through HeinOnline Change of Address Please send any change of address at least 45 days in advance to ensure prompt delivery. The Post Office will not forward copies unless the subscriber has provided extra postage. Duplicate copies will not be sent. Please address all correspondence regarding subscriptions to: Subscriptions Manager Southwestern Law Review Southwestern Law School 3050 Wilshire Boulevard Los Angeles, CA 90010-1106 Email: lawreview@swlaw.edu Current Members Executive Board Editor In Chief Jeremy Davison Managing Editor Sofya Harutyunyan Senior Lead Articles Editors Rachel Perkins Nikki Milner Norman Bhuian Special Projects Editor Lauren Wonn Lead Articles Editors Andrew Castaneda Tatiana Faus Isabel Kash Leah Perez Naomi Sirota Notes and Comments Editor Connor Haviland Members Maryam Amin Nareg Babaians James Bortree Lauren Brasesco Ariadna Calva Zoe Castaneda Harout Danielyan Julia DeBruin Wessal Esber Emma Grant Sharon Hayashida Albert Hovhannisyan Emma Idiart Dana Jacinto Leanna Jasek-Rysdahl Liana Karapetyan Juliette Lee Micah Matte Nina Menzagopian Kobe Moreno Luke Pastor Levy Pekler Marissa Pomerance Nathaniel Ramsey Katherine Reid Nicholas Rodriguez Marissa Schiller Ivy Smith Ediberto Soto Del Moral Ally Vasquez Alexis Villa Torres Faculty Advisors Professor Warren Grimes Professor Danielle Kie Hart Current Issue Vol. 53, No. 2, Spring 2025 Essays Table of Contents 201 Beyond Separation: Troubling the Notion of Corruption and Turning the Criminalization Lens on Care Itself Wendy A. Bach 207 “Care as a Smokescreen” and the Criminalization of Young People Beth Caldwell 218 Burdensome Care Kelley Fong & Mical Raz 226 Banning Abortion, Corrupting Care: Impacts on Providers Lisa C. Ikemoto 242 Punishment as Care: A Discussion of Wendy Bach’s Prosecuting Poverty, Criminalizing Care Kerwin Kaye 266 The Deep Roots and Wide Reach of Combining Punishment and Care Tine Lee 277 Diagnosing the Carceral State: A Review of Prosecuting Poverty, Criminalizing Care, By Wendy Bach Judah Schept 286 Every Hospital is Ferguson v. City of Charleston Ji Seon Song Notes and Comments 304 An Inevitable Truism: Regulating Autonomous Vehicles as a “Sale of Goods” Under Article 2 of the Uniform Commercial Code Zareh Bursalyan 320 A Path Back to Lawful Abortion: Transgender Men and the Immutable Characteristic of a Suspect Class Jenna Karvunidis 344 Safe Injection Sites: Not a Panacea for the Drug Crisis, but a Sound Idea Aram M. Zohrabian Recent Issues Vol. 53, No. 1, Fall 2025 Essays Table of Contents Foreword Danielle M. Conway 15 Covid Caregiving Meera E. Deo 46 COVID-19 Pandemic and Law Student Caregiving Chad Christensen and Jacquelyn Petzold 61 Pandemic Innovation Brian R. Gallini 76 Impact of the COVID-19 Care Crisis for Student Parents in Higher Education Tina Cheuk and Maya Valree 100 A COVID-19 Education Katyayani Suhrud 110 Caring for the Caregivers: Reimagining Institutional Recognition of Caregiving Work After the COVID Care Crisis Shruti Rana 129 Return of the Sage (On the Stage)? Debra Moss Vollweiler Notes and Comments 154 Compensate the Work in the Work of Art: Implementing the Artist’s Resale Right in America Samantha Williger 169 Can an AI Author Make Billboard’s “Hot 100” List? The Future in AI and Why the Music Industry Should Be Paying Attention Tara Kooklanfar 184 Reshaping the Framework Around Liability For Social Media Companies: How Their Ai Algorithms Can Lead to Products Liability Claims Marie Randazzo Vol. 52, No. 3, Spring 2024 Essays Table of Contents ( PDF 351 Concluding the Restatement (Third) of Torts: An Introduction ( PDF Byron G. Stier and Christopher J. Robinette 358 A Brief Introduction to the American Law Institute and the Restatements of Torts ( PDF Hon. Goodwin H. Liu 364 The American Law Institute and the Restatement (Third) of Torts: Presentation of Michael Green ( PDF Michael D. Green 369 Tort Theory and the Restatement, in Retrospect ( PDF Keith N. Hylton 399 Is the Third Restatement of Design Defect a Defective Product? ( PDF Gregory C. Keating 428 The Role of Tort Theory in the Third Restatement of Torts: An Explanation and Defense ( PDF Kenneth W. Simons 444 Tort Theory and the Restatements: Presentation of Catherine Sharkey ( PDF Catherine M. Sharkey 450 Informed Consent in the Restatement of Medical Malpractice ( PDF Mark A. Hall 465 Modernizing the Medical Malpractice Standard of Care ( PDF ) Philip G. Peters, Jr. 478 Informed Consent in the New Restatement on Medical Malpractice: A Friendly Critique ( PDF Nina A. Kohn 484 Keynote Symposium Presentation of Brian Panish and Jesse Creed ( PDF Brian Panish and Jesse Creed 493 The Equity of Tort Claims for Medical Monitoring ( PDF Mark A. Geistfeld 512 The Restatement (Third) of Torts Proposes Abandoning Tort Law’s Present Injury Requirement to Allow Medical Monitoring Claims: Should Courts Follow? ( PDF Victor E. Schwartz and Christopher E. Appel 543 Trauma Damages ( PDF Martha Chamallas 580 Why Courts Should Continue to Reject Innovator Liability Theories that Seek to Hold Branded Drug Manufacturers Liable for Generic Drug Injuries ( PDF Mark A. Behrens and Christopher E. Appel 607 Damages: Symposium Presentation of Anthony Sebok ( PDF Anthony J. Sebok 615 Damages: Symposium Presentation of Ibiere Seck ( PDF Ibiere N. Seck 618 Damages and Trial Practice: Symposium Presentation of Judge Kevin Brazile ( PDF Hon. Kevin C. Brazile Notes and Comments 623 “Remain in Mexico” Policy and Its Progeny: Is There Hope?  ( PDF Elena V. Cordonean 645 Don’t Go Down that Aisle: Circuit Courts’ Problematic Interpretation of Sentencing Enhancements and the Need for Change ( PDF Peter S. Demerdjian 661 How Conservatorships are “Toxic” for Women’s Reproductive Rights ( PDF Kristin A. Strange Vol. 52, No. 2, Spring 2023 Table of Contents ( PDF 191 Foreword ( PDF Lloyd L. Lee 199 Reflections on Place and People from Within ( PDF M. Alexander Pearl 208 Thoughts on A Nation Within ’s Discussion of the Navajo Nation’s Water Rights ( PDF Adam Crepelle 217 Tribal Self-Determination and A Nation Within PDF Angela R. Riley 226 Ma’ii and Nanaboozhoo Fistfight in Heaven ( PDF Tamera Begay and Mathew L.M. Fletcher 239 Reform in the Fifth World ( PDF Jessica A. Shoemaker 255 The Reports of My Death Are Greatly Exaggerated: The Continued Vitality of Worcester v. Georgia PDF Dylan R. Hedden-Nicely 271 The Nation Within: Prospects for an Indigenous Future ( PDF Wendy S. Greyeyes 281 Afterword: With Gratitude ( PDF Ezra Rosser Notes and Comments 293 Double Taxation on the Rise: Addressing Double State Income Tax for Remote Workers ( PDF Matthew Behboud 308 Supreme Court Ethics Regulation: Amending the Ethics in Government Act of 1978 to Address Justices’ Unethical Behavior ( PDF April Rivera 330 Lyrical Murderers: Why We Should Think Twice Before Admitting Rap Lyrics in Criminal Cases ( PDF Bryse K. Thornwell Vol. 52, No. 1, Fall 2022 Table of Contents ( PDF Foreword: Beginning with Admitting Inhumanity ( PDF Martha Minow Truth, Healing, Empowerment: Eric Yamamoto on Reparative Justice for the People of Jeju ( PDF Natsu Taylor Saito 20 Accountability for the Harms of Indigenous Boarding Schools: The Challenge of “Healing the Persisting Wounds” of “Historic Injustice” ( PDF Rebecca Tsosie 40 Bringing to Light: Reflections on Professor Yamamoto’s “Social Healing Through Justice” and the Potential of the California Truth & Healing Council ( PDF Margaret M. Russell 50 A Social Healing Approach to Native Hawaiian Claims: Law and Resistance at Maunakea ( PDF Susan K. Serrano 67 Pūpūkahi I Holomua: Critical Lessons of Social Healing Through Justice for Native Hawaiians Redress in Canada and Its Human Rights Legacy ( PDF Troy J.H. Andrade 81 Redress in Canada and Its Human Rights Legacy ( PDF Greg Robinson 95 Human Rights Law and Social Healing Through Justice for Cheju Massacres (1947-1954): The United States’ Unlawful Acts and Omissions ( PDF Sang-Soo Hur 111 Jeju Peace, Education, and Reconciliation: Continued Challenges Relating to the Jeju 4.3 Tragedy ( PDF Kunihiko Yoshida 126 What Jeju 4.3 Survivors and Families Can Learn from the Global South in Seeking Justice from an Empire ( PDF Ruben Carranza 141 Afterword: International Reparations: What Justice Amends Can and Should There Be? ( PDF Eric K. Yamamoto Notes and Comments 161 Your Secret Cell Phone Passcode May Not Be a Secret for Long: The Uncertainty of Compelled Password Production ( PDF Michael Seager 174 Katz in the Digital Age: Why the Katz Subjective Prong Must Be Restrengthened ( PDF Ash Wold Vol. 51, No. 1, Fall 2021 Table of Contents ( PDF Foreword ( PDF Justice (Ret.) Gary Hastings Videoconferencing and Legal Doctrine ( PDF Scott Dodson 20 Empathy and Remote Legal Proceedings ( PDF Susan A. Bandes & Neal Feigenson 40 Online Jury Selection: New Tools for Jury Trials ( PDF Jeffrey T. Frederick 63 Bearing Witness to, Well, Witnesses: An Examination of Remote Testimony Versus In-Court Testimony ( PDF Karen Lisko 71 Civil Jury Trials by Zoom: We're All Plugged into One World Now ( PDF Ted A. Donner 91 Access to Justice in a Time of COVID ( PDF Douglas G. Carnahan 107 The Constitutionality of Remote Trials ( PDF Norman M. Garland 116 The Online Criminal Trial as a Public Trial ( PDF Stephen E. Smith 133 Prosecutorial Dilemmas amid the Pandemic and Online Jury Trials ( PDF Brandon Marc Draper 142 Mediation in the COVID-19 Era: Is Online Mediation Here to Stay? ( PDF Kristi J. Paulson Notes and Comments 156 Hero and Villain: The Defense Production Act in the Era of COVID-19 ( PDF Ariel F. Coto 174 Independent Character Copyrightability and the Implications of DC Comics v. Towle: Formulating a Framework Based on the Realities of Character Construction ( PDF Eric Naessig Vol. 50, No. 3, Fall 2022 Table of Contents ( PDF 397 Foreword: Widening the Lens of Justice: Unmasking the Layers of Racial and Social Inequality ( PDF Isabelle R. Gunning 407 The Death Penalty and Race and How the Ultimate Punishment Highlights the Flaws in Our Criminal Justice System ( PDF Kenneth Williams 419 Real Justice for Breonna: Re-Envisioning Knock-and-Announce ( PDF Njery Mathis Rutledge 437 Growing Concerns About Spatial Inequality Related to the COVID-19 Economy: Reflections on Place Based Policies ( PDF Kenya L. Covington 463 New Steps Toward Environmental Justice: The California Coastal Act and Environmental Justice Near Ports ( PDF Heather Kryczka, Natalia Ospina & Taylor Thomas 509 Partisan Gerrymandering as a Threat to Multicultural Democracy ( PDF Bertrall L. Ross Notes and Comments 526 Strictly Speaking: Transforming Fair Users From Defendants to Copyright Holders ( PDF Aleeza Marashlian Vol. 50, No. 2, Spring 2021 Table of Contents ( PDF 208 Moving Forward ( PDF Chacon, Jennifer M. 218 Relief and Statutes of Limitation for Deportable Noncitizens under Asian Exclusion, 1882-1948 ( PDF Chin, Gabriel J. 231 (Un)Equal Immigration Protection ( PDF Rosenbaum, Carrie L. 263 Activism, Identity and Rights in Deportee Communities ( PDF Saucedo, Leticia M. 275 The Impacted Immigration Lawyer in the Era of Trump: Empathy, Wellbeing, and Sustainable Lawyering ( PDF Vazquez, Julia 296 Culture and Borders: Place and Self ( PDF Vigil, Diego 305 Immigration Law Lessons from Deported Americans: Life after Deportation to Mexico ( PDF Johnson, Kevin R. 319 Laying the Legal Foundation for a Right to Stay in Deported Americans ( PDF Shah, Ragini 333 Learning from Deported Americans ( PDF Eagly, Ingrid 342 Deportation in the Shadows of Due Process: The Dangerous Implications of DHS v. Thuraissigiam ( PDF Kanstroom, Daniel 359 Reflections on the Right to Move Freely across Borders ( PDF Caldwell, Beth 372 Empowering Immigration Judges to Sanction Attorneys Abusing the Powerless ( PDF Bran, Abraham Estuardo Vol. 50, No. 1, Spring 2021 Table of Contents ( PDF All Except for: Animus That Drives Exclusions in Criminal Justice Reform ( PDF Carpenter, Catherine L. 44 Banishing 'Sex Offenders': How Meaningless Language Makes Bad Law ( PDF Hamilton-Smith, Guy 70 Advocating for 290 Registrants in the Era of Coronavirus and Court Closures ( PDF Bellucci, Janice M.; Morse, Carlton 91 Moral Dimensions of Warfare ( PDF Qureshi, Waseem Ahmad Notes and Comments 129 The Problem with Johnson and Lemond: Irreconcilable Science and the Brady-Napue No-Man's Land ( PDF Hyman, Andy 151 Testing the Scope of Status ( PDF Jansson, Erica L. 179 An Illusion of Choice: Defunding the Right to Choose ( PDF Rutenberg, Meg Vol. 49, No. 3, Spring 2021 Table of Contents ( PDF 348 Dedication ( PDF Byron G. Stier 349 New Frontiers in Tort Law and the Challenges of Science, Technology & Innovation: An Introduction ( PDF Byron G. Stier 362 Holistic Tort Theory ( PDF Alan Calnan 378 Rendering Justice in Key Areas of Tort Law in the Next Decade ( PDF Victor E. Schwartz 390 Outgunned No More?: Reviving a Firearms Industry Mass Tort Litigation ( PDF Linda S. Mullenix 436 The Rule of Science and the Rule of Law ( PDF Mark S. Behrens; Andrew J. Trask 455 Brave New World: Technology and Tort Practice ( PDF Richard Marcus 462 Incorporating an Actual Malice Exception to Section 230 of the Communications Decency Act ( PDF Christopher J. Robinette; Shannon N. Costa 478 Torts: Past, Present, and Future - Presentation of Brian Panish ( PDF Brian Panish 483 Torts: Past, Present, and Future - Presentation of Victor Schwartz ( PDF Victor Schwartz 487 New Developments in Tort Litigation: Presentation of Francis McGovern ( PDF Francis McGovern 492 The Education of the Judiciary: The Sciences Addressing Disease Causation ( PDF Michael Green 504 New Means of Financing Tort Lawsuits and Law Firms: Presentation of Professor Anthony Sebok ( PDF Anthony Sebok 511 New Means of Financing Tort Lawsuits and Law Firms: Presentation of James Fischer ( PDF James Fischer Notes and Comments 518 Bringing Lenders Back to the Game: Harmonizing Access to Affordable Housing While Protecting Your Tax Dollars from Fraud Notes and Comments ( PDF Brandon Faus 537 The Paradox of S.B. 1421: A New Tool to Shed Light on Police Misconduct and a Perverse Incentive to Cover It up Notes and Comments ( PDF Carina Miller Vol. 49, No. 2, Spring 2020 189 On The Value of Teddy Bears and Barbie Dolls: The Place of Children's Transitional Objects in Family Law ( PDF Benjamin D. Garber & Dana E. Prescott 215 Pornography as a Tool for Perpetuation of Gender Hierarchy: The United States as a Case Study ( PDF Limor Ezioni 243 Attorney-Client Sexual Relationships in the #METOO Era: Understanding Current State Approaches and Working Towards a Better Rule ( PDF Casey W. Baker, J.D. 271 The Changing Face of Warfare in the Hi-Tech World ( PDF Dr. Waseem Ahmad Qureshi 309 The Harsh Reality of Rule 8(A)(2): Keeping the TWIQBAL Pleading Standard Plausible, Not Pliable ( PDF Kelsey Finn 330 Funk Brothers, Myriad , & Products of Nature: How a Lack of Understanding Scientific Principles is Damaging the Patent System ( PDF Jared M. Graff Vol. 49, No. 1, Spring 2020 The Precarious Position of the Fourth Estate in Trumptopia: The Role of Popular Culture and the Law in Protecting Media Freedom ( PDF Professor Taylor Simpson-Wood 57 Thieves in the Night? Pre-deprivation Requirements for Removal of Homeless Persons' Property from Public Areas ( PDF Tim Donaldson 93 The Agony & the Ecstasy of #MeToo: The Hidden Costs of Reliance on Carceral Politics ( PDF Guy Hamilton-Smith 122 Burning Down the House? Ben Carson and U.S. Housing Policy ( PDF Brendan Williams 144 I Wish I Knew Then What I Know Now: Looking to the Objective Science in Evaluating Juveniles' (In)Competency. ( PDF Tina M. Robinson 169 Updating the Law to Keep Pace with Newsfeeds and Online Victimization: The Need for Limited Access to Sex Offenders' Online Identifiers ( PDF Jaynee Mathis Vol. 48, No. 3, Fall 2019 [i] Table of Contents ( PDF 457 Immigration in the Trump Era: Introduction ( PDF Beth Caldwell 463 Judicial Review and the Immigration Laws Immigration in the Trump Era: Keynote ( PDF Kevin R. Johnson 475 Trump's Immployment Law Agenda: Intensifying Employment-Based Enforcement and Un-Authorizing the Authorized Immigration in the Trump Era ( PDF Kati L. Griffith; Shannon Gleeson 503 Sanctuary States Immigration in the Trump Era ( PDF Rose Cuison Villazor; Alma Godinez-Navarro 525 Looking Ahead at Vagueness Claims in the Immigration Context Post-Dimaya Immigration in the Trump Era ( PDF Jennifer Lee Koh 531 The Struggle for Equality: Women's Rights, Human Rights, and Asylum Protection Immigration in the Trump Era ( PDF Karen Musalo 539 Some Preliminary Thoughts on Dimaya Immigration in the Trump Era ( PDF Gabriel Chin 545 Rethinking the FTC's Role and Abilities in Protecting Consumer Data in the Wake of the Equifax Breach Notes and Comments ( PDF Giordan Roque 571 Get Prepared for Class: The Case for Requiring Reasonable Ascertainability for Class Action Certification in the Ninth Circuit Notes and Comments ( PDF Gevork Gazaryan 595 Injury from within: Toward an Unmodified Duty for Negligent Infliction of Emotional Distress Notes and Comments ( PDF Xhesi Hysi Vol. 48, No. 2, Fall 2019 199 Contextualizing Mindfulness: Foundations, Practice Guidance, And Cultural Implications ( PDF Diana Winston 207 Self-Mastery: The Pathway To Peak Performance And Well-Being In The Law ( PDF Jarrett A. Green, Esq., M.A. & Rebecca A. Simon, Esq. 241 Can Mindfulness Help Law Students With Stress, Focus, And Well-Being? An Empirical Study Of 1Ls At A Midwestern Law School ( PDF Richard C. Reuben & Kennon M. Sheldon 267 Mindful Engagement And Relational Lawyering ( PDF Susan L. Brooks 295 Integrating Positive Psychology Into Legal Education ( PDF R. Lisle Baker 329 Using Mindfulness Meditation To Foster Reflection In Externships ( PDF Alison Lintal 343 Cultivating A 'Reflective Approach' To The Practice Of Law: The Use Of Meditation In Legal Education ( PDF Anthony Cullen 351 Mindful Mediation ( PDF Brian A. Pappas 367 The Virtue Of Vulnerability ( PDF Nathalie Martin 381 Mindfulness As Resistance ( PDF Tim Iglesias 401 Mindfulness In Legal Ethics And Professionalism ( PDF Peter H. Huang 413 The Gilded Octagon: Unionization To Give Mixed Martial Artists A Fighting Chance Against The UFC's Coercive Contracts ( PDF Madelynn A. Hefner 437 Protecting Our Genetic Code: Can Copyright Succeed Where Patents Have Failed? ( PDF William Dietz Vol. 48, No. 1, Spring 2019 The Evidentiary Issue Crystalized By The Cosby and Weinstein Scandals: The Propriety Of Admitting Testimony About An Accused's Uncharged Misconduct Under The Doctrine Of Objective Chances To Prove Identity ( PDF Edward J. Imwinkelried 37 Judicial Activism In The First Decade Of The Roberts Court: Six Activism Measures Applied ( PDF Warren S. Grimes 81 Tribal (De)termination? Commercial Speech, Native American Imagery And Cultural Sovereignty ( PDF Jason Zenor 105 "The State Is Not Omnipresent In The Home": Mandatory Firearm Ownership Laws And The Constitution ( PDF Nathaniel Ament-Stone 133 The Political Advantage Of Medicare Advantage ( PDF Brendan Williams 151 The Office Of Legal Counsel Juggernaut: No One Is Above The Law ( PDF Susan Frontiera 173 Rapp Snitch Knishes: The Danger Of Using Gangster Rap Lyrics To Prove Defendants' Character ( PDF Luke Walls Vol. 47, No. 2, Spring 2018 291 Keynote Address: Fake News, Weaponized Defamation and the First Amendment ( PDF Erwin Chemerinsky 297 Fake News & Film: How Alternative Facts Influence the National Discourse ( PDF Jeremy Geltzer 335 The Economics of Weaponized Defamation Lawsuits ( PDF David J. Acheson & Dr. Ansgar Wohlschlegel 385 Responsible Communication and Protection of Public Participation: Assessing Canada's Newest Public Interest Speech Protections ( PDF Hilary Young 417 Responding to "Fake News": Is There an Alternative to Law and Regulation? ( PDF David Goldberg 449 Take the Gatekeepers to Court: How Marijuana Research Under a Biased Federal Monopoly Obstructs the Science-Based Path to Legalization ( PDF Jasen B. Talise 471 State Standing: Watering Down Article III With Special Solicitude ( PDF Rosio Flores Vol. 47, No. 1, Fall 2017 A Sign of Hope: Shifting Attitudes on Sex Offense Registration Laws ( PDF Catherine L. Carpenter Timeline of a Panic: A Brief History of Our Ongoing Sex Offense War ( PDF Emily Horowitz On Holy Ground: Church Sanctuary in the Trump Era ( PDF Valerie J. Munson Discriminating Gender: Legal, Medical, and Social Presumptions About Transgender and Intersex People ( PDF Janet Dolgin The American Aversion to Ties in Sport and Intercollegiate Wrestling's Labyrinthine Tiebreaker Rules ( PDF Ilhyung Lee When Social History Becomes a Constitution: The Bolivian Post-Liberal Experiment and the Central Role of History and Intent in Constitutional Adjudication ( PDF Jorge Farinacci-Fernós From Arlington to Tennessee: The Beginnings of a Chevron Deference Farewell Tour? ( PDF Carlos A. Hernandez The Need For Songwriters' Control: A Proposal to Prevent Unwanted Uses of Musical Compositions at Political Rallies ( PDF Taylor L. Condit Augmented Reality Incitement: How the Creator of Pokémon Go, and Those Who Follow, are Open to Tortious Liability ( PDF Jamison Tyler Gilmore 10 Eradicating the Plague: Charging and Sentencing Domestic Violence Offenders Using Science, Not Tradition ( PDF Mina Elmasry 11 What's Going on Hair?: Untangling Societal Misconceptions That Stop Braids, Twists, and Dreads From Receiving Deserved Title VII Protection ( PDF Venessa Simpson Vol. 46, No. 3, Spring 2017 327 Keynote: The Modern Laws of War ( PDF General John R. Allen, USMC, (ret). 337 A Matter of Policy: United States Application of the Law of Armed Conflict ( PDF Chris Jenks 355 International Law Applies to Cyber Warfare! No What? ( PDF Gary D. Brown 379 Command Responsibility in the Twenty-First Century: The United States Basic Framework and Future Military (and Quasi-Military) Operations ( PDF Joshua E. Kastenberg 401 Accountability in the Colombian Peace Agreement: Are the Proposed Sanctions Contrary to Colombia's International Obligations? ( PDF Claudia Josi 423 Reasonably Accommodating Employees with Mental Health Conditions by Putting Them Back to Work ( PDF Lauren Fierro 445 Bullying Beyond the Schoolhouse Gate: How School Districts can Constitutionally Regulate Off-Campus Cyberspeech ( PDF Katrina V. Berroya 469 Breaking News and Breaking the Law: Reining in California's Criminalization of Paparazzi and the Intent to Photograph ( PDF Emily A. Rehm 489 More Bang for the Buck: "Freaks" and the Intimitate-Sex-For-Money License ( PDF Aron Hier Vol. 46, No. 2, Spring 2017 217 Introduction ( PDF Evan J. Mandery 219 Choosing Life: Reflections on the Movement to End Capital Punishment ( PDF Stephen Rohde 253 Why the Death Penalty is Slowly Dying ( PDF Kenneth Williams 275 Gregg at 40( PDF Evan J. Mandery 303 Capital Punishment is Constitutional, and a "Cruel and Unusual Punishment." Now. For Now. ( PDF Darren A. Reid Vol. 46, No. 1, Fall 2016 Articles Substantial Burdens in the Law R. George Wright ( PDF Can Constitutional Drafter See the Future? No, and It's Time We Stop Pretending They Can Andrew Friedman ( PDF Too Many Cooks Spoil the Cake, and Too Many Statutes Spoil the LLC: A Plea for Uniformity Carol Goforth ( PDF Notes and Comments Close The Homeopathic Loophole: Require Homeopathic Medications To Prove Their Effectiveness Roy C. Manukyan ( PDF Inter Partes Review: Should Hedge Fund Managers Be Able to Profit From Challenging a Patent’s Validity? Sherron Wiggins ( PDF Copyright Owners Take on the World (Wide Web): A Proposal to Amend the DMCA Notice and Takedown Procedures Megan Smallen ( PDF Competitive Advantage: The Actions ESPN Must Take in Order to Maintain a Leadership Position in the Wake of Cable Un-bundling Matthew Edwards ( PDF Copyright 2016 Southwestern Law Review Vol. 45, No. 4, Spring 2016 ClassCrits VIII Emerging Coalitions: Challenging the Structures of Inequality Foreword Wendy A. Bach & Lucy Jewel ( PDF CRITICAL RACE THEORY, TRANSFORMATION AND PRAXIS Kim E. Clark ( PDF Developing a Pedagogy of Beneficiary Accountability int he Representation of Social Justice Non-Profit Organizations Amber Baylor & Daria Fisher Page ( PDF Bridging the Secular-Religious Divide with Assistance From The Buddha James G. Wilson ( PDF An Inquiry Into White Supremacy, Sovereignty, and the Law David P. Waggoner ( PDF Countering Neoliberalism and Aligning Solidarities: Rethinking Domestic Violence Advocacy Deborah M. Weissman ( PDF Articles The "Romeo Juliet" Scenario in the Aftermath Johnson V. Superior Court Laura Arnold ( PDF Returning to Rutherford: A Call to California Courts to Rejoin the Legal Mainstream and Require Causation be Proved in Asbestos Cases Under Traditional Torts Principles Jason Litt, Emily Cuatto, & Jessica Di Palma ( PDF Copyright 2016 Southwestern Law Review Vol. 45, No. 3, Spring 2016 Symposium 453 Keynote Address ( PDF Lisa M. Schenck 461 Throwaway Children: The Tragic Consequences of a False Narrative ( PDF Catherine L. Carpenter 495 Two For One: The Ethical Pursuit of Justice in the Military, and Battlefield Success, Through Joint Prosecutorial Decisions ( PDF Rachel VanLandingham & Geoffrey Corn 523 "Just the Facts, Ma'am": How Military Appellate Courts Rely on Factual Sufficiency Review to Overturn Sexual Assault Cases When Victims are "Incapacitated" ( PDF Lisa M. Schenck 561 Fearing the Dark: The Use of Witchcraft to Control Human Trafficking Victims and Sustain Vulnerability ( PDF Luz. E. Nagle & Bolaji Owasanoye 595 The Punishment of Islamic Sex Crimes in a Modern Legal System the Islamic Qanun of Aceh, Indonesia ( PDF Mark Cammack Articles 631 Mapping Inter-Organizational Boundary Bureaucracy and the Need for Oversight ( PDF Bobbi Jo Boyd 719 State "Right to Try" Acts: A Good Start, But a Federal Act is Necessary ( PDF Ellen A. Black Notes and Comments 756 Asteroidae Naturae: What it Takes to Capture an Asteroid ( PDF Michael Jensen Copyright 2016 Southwestern Law Review Vol. 45, No. 2, Spring 2016 Articles 241 Beyond Preemption of Generic Drug Claims ( PDF Eric Lindenfeld & Jasper L. Tran 257 Eye of the Beholder: The Wrongful Conviction of Charles Milles Manson ( PDF Carrie Leonetti 333 Entertainers Beware - You May Have Less Insurance Coverage Than You Think ( PDF Edwin F. McPherson Notes and Comments 351 Trustless Property Systems and Anarchy: How Trustless Transfer Technology Will Shape the Future of Property Exchange ( PDF Edward D. Baker 379 "Hide and Go Seek" Information Policies at the Nuclear Regulatory Commission: Attaining Improved Public Disclosure Could Avert a Nuclear Catastrophe ( PDF Cassady S. Davidson 407 Taking Biosimilars to the Next Level: Why Federalizing the Substitution of Biosimilars Promotes Innovation, Competition, and Patient Safety ( PDF Daniel Kadin 437 Punitive Damages for Texting While Driving ( PDF Gregory Selarz Copyright 2016 Southwestern Law Review Vol. 45, No. 1, Spring 2016 Articles The U.S. Constitution as Icon: Re-Imagining the Sacred Secular in the Age of User-Controlled Media ( PDF Michael M. Epstein 27 Legal Thinking, the Adversarial, Process and Exonerating Innocent Defendants: A Socio-Legal View of the Wrongful Conviction Process ( PDF Gary Kowaluk 49 Metaphysical Univocity and the Immanent Frame: Defending Religious Liberty in a Secular Age? ( PDF Harry G. Hutchison Notes and Comments 115 When the Needs of the Many Outweigh the Needs of the Few: How Logic Clearly Dictates the First Amendment's Use as a Defense to Copyright Infringement Claims in Fan-Made Works ( PDF Melissa Anne Agnetti 165 "The Taste of Any Public": How Intellectual Property Law Illuminates the Failings of the Miller Test ( PDF Lindsey M. Hay 219 The State Secrets Privilege: Alternative Remedies in Cases of Torture Abroad ( PDF Ashley Scott Copyright 2016 Southwestern Law Review Vol. 44, No. 4, Fall 2015 Articles 621 From Precarity to Positive Freedom: Classcrits at Seven Classcrits VII Symposium Introduction ( PDF Angela P. Harris 635 Framing Elite Consensus, Ideology and Theory & A Classcrits Response ( PDF Athena D. Mutua 669 Community Planning, Sharing Law and the Creation of Intentional Communities: Promoting Alternative Economies and Economic Self-Sufficiency Among Low-Income Communities ( PDF Elizabeth L. Carter 699 Precarious Existence and Capitalism: A Permanent State of Exception ( PDF Tayyab Mahmud 727 Toward a More Perfect Union?: The Danger of Conflating Progress and Equality ( PDF Leo P. Martinez 749 The Jurisprudence of White Supremacy: Inter Caetara, Johnson v. M'intosh and San Antonio Independent School District v. Rodriguez ( PDF David P. Waggoner Copyright 2015 Southwestern Law Review Vol. 44, No. 3, Fall 2015 Symposium Locking Up Females, Failing to Protect Them, and Punishing Their Children & Families A SYMPOSIUM HONORING THE WORK OF PROFESSOR MYRNA S. RAEDER Foreword 443 In Honor of Professor Myrna Raeder ( PDF Isabelle R. Gunning Articles 448 Margaret Brent Award Speech ( PDF Myrna Raeder 454 Unlocking Doors: Reflections on Myrna Raeder's Generativity and Generosity ( PDF Judith Resnik 466 Forfeiture of Confrontation Rights and the Complicated Dynamics of Domestic Violence: Some Thoughts Inspired by Myrna Raeder ( PDF Aviva Orenstein 484 Propensity Evidence in Cases of Woman Abuse: An Essay in Memory of Professor Myrna Raeder ( PDF Marina Angel 496 Honoring and Celebrating Myrna Raeder ( PDF Brett Dignam 508 Ambiguous-Purpose Statements of Children and Other Victims of Abuse Under the Confrontation Clause ( PDF Paul F. Rothstein 553 You Can't Run From the Police!: Developing a Feminist Criminology that Incorporates Black Transgender Women ( PDF Angela Irvine 562 Locating the Criminal: Civil Sanctions, Sexual Abuse, and the American Family ( PDF Bela August Walker Notes and Comments 599 Stop Punishing the Victim: Why California Should Reform its Current Prostitution Laws and Adopt the Swedish Approach to Combat Sex-Trafficking ( PDF Emma Lord Copyright 2015 Southwestern Law Review Vol. 44, No. 2, Spring 2015 Nancy Kim's Wrap Contracts Symposium 209 Foreword ( PDF Robert A. Hillman 215 Escaping Toxic Contracts: How We Have Lost the War on Assent in Wrap Contracts ( PDF Daniel D. Barnhizer 231 Norm Shifting By Contract ( PDF Zev J. Eigen 239 Against Contractual Authoritarianism ( PDF Shubha Ghosh 251 Form & Substance in Nancy Kim's Wrap Contracts ( PDF Danielle Kie Hart 265 Challenging the Law Online Southwestern Law Review Symposium on Nancy Kim's Wrap Contracts ( PDF Allyson Haynes Stuart 275 Notice, Assent, and Form in a 140 Character World ( PDF Juliet M. Moringiello 285 Wraps and Copyrights ( PDF Deborah Tussey 297 Preserving Substantive Unconscionability ( PDF Dov Waisman 309 The Wrap Contract Morass ( PDF Nancy S. Kim Articles 327 California Putative Spouses: The Innocent, The Guilty, and The Law ( PDF Helen Chang 365 The Sharing Economy: How State and Local Governments are Failing and Why We Need Congress to Get Involved ( PDF Josh Krauss 385 Facebook: The New Town Square ( PDF Trevor Puetz 411 Cleaning House With Rule 41(B): An Empirical Study of the Multi-Factor Tests for Involuntary Dismissals ( PDF Almara Sepanian Copyright 2015 Southwestern Law Review Vol. 44, No. 1, Spring 2015 Articles FDA Involvement in Off-Label Use: Debate Between Richard Epstein and Ryan Abbott ( PDF Richard Epstein & Ryan Abbott 27 Title VII: Discriminatory Use of Test Scores Watchdog Evolution of the Regulation Over Employment Test Score Usage from 703(H) to 703(L) ( PDF Matthew E. Blakely Notes and Comments 59 I'll Be Your Mirror: Broadening the Concept of Trademark Joint Ownership to Reflect the Developing Collaborative Economy ( PDF Matthew A. Alsberg 97 It's Time to SLAPP Back: Why California's Anti-SLAPP Statute Should Not Apply in Federal Court ( PDF Caleb P. Lund 127 Re-Think Your Ink: Tattoos and Tattooing as a Substantive Due Process Issue ( PDF Danielle S. Krauthamer 149 Combatting Multiforum Shareholder Litigation: A Federal Acceptance of Forum Selection Bylaws ( PDF Robert Borowski 175 Don't Sue Me, I Was Just Lawfully Texting & Drunk When My Autonomous Car Crashed Into You ( PDF Orly Ravid Copyright 2015 Southwestern Law Review Recent Law Review Symposia March 27, 2026 12:30 – 2:00 p.m. The Resistance! Now webinar explored the evolution of resistance movements from 2016 to the present, asking what resistance looks like in the current moment. Contributors from academia, advocacy, and the judiciary assessed the movement’s successes, limitations, and future strategies in response to shifting legal and political realities. Panelists offered brief presentations followed by moderated discussion examining resistance as a legal, institutional, and grassroots practice. Contact Information Law Review 3050 Wilshire Boulevard, Los Angeles, CA 90010-1106 Tel: 213-738-6744 Email: lawreview@swlaw.edu Student Affairs Tel: 213-738-6716 Email: studentaffairs@swlaw.edu Danielle Kie Hart The Honorable Arleigh M. Woods and William T. Woods Chair | Professor of Law, Tenured Tel: 213-738-5720 Email: dhart@swlaw.edu Dov A. Waisman Professor of Law, Tenured Tel: 213-738-5733 Email: dwaisman@swlaw.edu Apply Now Donate