The Expansion of California’s Firefighter’s Rule Beyond its Intended Scope by Harley Glazer

The firefighter’s rule is a legal doctrine that prevents a firefighter from recovering from an individual whose ordinary negligence created the fire.[1] While it may seem harsh to disadvantage those who risk their lives to protect society, there are several policy considerations that support the doctrine.  First, firefighters should not be permitted to sue for

She Take My Money When I’m in Need: Arguments in Favor of Retaining the Willfulness Requirement in the Lanham Act’s Monetary Relief Provision by G. Ian Peng

Introduction Section 35(a) of the Lanham Act[1] addresses monetary remedies for trademark infringement and false designation claims.[2] Before 1999, this section entitled the plaintiff-trademark owner to potentially receive the defendant’s profits, damages sustained by the plaintiff, and the costs of the action, if there is a violation under § 43(a) of the Lanham Act (concerning

Ending Gender Discrimination in the Workplace by Sarah Chon

Two recent Supreme Court decisions highlight some obstacles still impeding the goal of achieving of full gender equality in the workforce through the judicial system.  Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of sex in the workplace but in two recent cases, the Supreme Court narrowed the efficacy

Beyond the Veil of Federalism: Protecting the Consular Rights of Foreign Nationals in United States Courts by Adisada Dudic

I. Introduction The United State of America must comply with the decisions of the International Court of Justice (ICJ).  This obligation comes from Article 94 of the United Nations Charter, ratified in 1945.[1] In Medellín v. Texas, the US Supreme Court said that the Supremacy Clause of the US Constitution does not require Texas to

Fighting Justices: Personal Animosity and Decision-Making on the United States Supreme Court by Catherine Suh

I. Introduction Judicial conflict on the United States Supreme Court is not new.[1] The term “dissenter” carries rich historical meaning, reminding us of Supreme Court Justices such as Justices Oliver Wendell Holmes, Charles Evan Hughes, Louis D. Brandeis, and John Marshall Harlan.  The dissenter has traditionally been viewed with skepticism, scorned for challenging the collective

Selling Art to Save Art: The Call for Judicial Recognition of Financial Hardship in Deaccession Disputes by Ya Li

I.  INTRODUCTION The recent economic crisis that downed banks and other industry players did not leave the art world untouched.  Newspapers report that financially strained museums are resorting to the sale of artwork in order to remain viable.[1] One high-profile case centers on the Rose Museum at Brandeis University in Massachusetts.[2] Another case, although not

Conflicting Rights in the Castle Doctrine by Matthew Benner

I. Introduction “I’ve got a shotgun; do you want me to stop them?”[2] The words are those of Joe Horn, a Texas resident who called 911 after witnessing a robbery next door.[3] Moments later, he decided to act and went outside and shot both Hispanic robbers dead.[4] Horn was later brought before a Texas grand

Forums and Foxholes: Garb Statutes and the First Amendment by Candice Andalia

It is an oft-quoted tenet, originating with the U.S. Supreme Court’s holding in Tinker v. Des Moines Indep. Cmty. Sch. Dist.,[1] that teachers do not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.”[2] However, this sweeping language, an avowal that once provided educators with broad protections, is now nothing

Charting The Supreme Court’s Burden-Shifting Jurisprudence in Employment Discrimination Cases Through Gross v. FBL Services, inc. by Jeff Weber

I. Introduction “[I]t has become evident in the years since . . . that [the] burden-shifting framework is difficult to apply. . . . Thus, even if [the burden-shifting framework were] doctrinally sound, the problems associated with its application have eliminated any perceivable benefit from extending its framework to ADEA claims.”[1] With this sweeping language,

An Assessment of California’s Watershed Governance: A Perspective on Environmental Justice in Land Use Planning and Development by Valerie Escalante

Southern California faces unique challenges for land use and development.  With more than 50% of the state’s population and receiving less than 2% of the state’s rain fall per year,[1] water has become one of its main challenges.  Furthermore, as a result of Southern California’s varied demography and economic state, environmental justice[2] has emerged as

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