Volume 81, Number 1 (November, 2007)
Intuitions of Justice: Implications for Criminal Law and Justice Policy
Article by Paul H. Robinson & John M. Darley
Recent social science research suggests that many if not most judgments about criminal liability and punishment for serious wrongdoing are intuitional rather than reasoned. Further, such intuitions of justice are nuanced and widely shared, even though they concern matters that seem quite complex and subjective. While people may debate the source of these intuitions, it seems clear that, whatever their source, it must be one that is insulated from the influence of much of human experience because...
Rebuilding Illinois Brick: A Functionalist Approach to the Indirect Purchaser Rule
Article by Barak D. Richman & Christopher R. Murray
The landmark case of Illinois Brick Co. v. Illinois, which denied standing to indirect purchasers to sue antitrust violators, has been subjected to steady and widespread criticism since it was decided in 1977. Despite three decades of dissatisfaction, however, debate over indirect purchaser standing has failed to generate satisfying solutions that meet the objectives of antitrust law and reflect its underlying principles. We attribute the lack of creative alternatives to an undue emphasis on leg...
Looking Behind the Curtain: Applying Title III of the Americans with Disabilities Act to Businesses Behind Commercial Websites
Note by Kenneth Kronstadt
In 1990, Congress enacted the Americans with Disabilities Act (the “ADA” or the “Act”) with the goal of eliminating discrimination against disabled Americans by providing clear, strong, consistent, and enforceable standards to combat the type of discrimination people with disabilities face in their everyday lives. The ADA is the force behind the wheelchair ramps so common in American buildings, the wide doors and large bathroom stalls to accommodate the disabled, the talking ATMs to assist indiv...
No More Playing Favorites: Reconsidering the Conclusive Congressional Presumption that Intercollegiate Athletics are Substantially Related to Educational Purposes
Note by Gabriel Morgan
Athletic competition strengthens not only athletes’ bodies, but also their minds by training them in the values of self-discipline, self-sacrifice, hard work, and the pursuit of excellence. In addition, athletes learn important lessons on social values, such as leadership, cooperation, camaraderie, and collective responsibility through participation in competitive events. The ability of athletic competitions to instill such desirable values in their participants potentially enables intercollegia...
Would Californians Have the Courage of Their Convictions in the Face of a Fully Functioning Death Penalty?
Postscript (Response) by Jean Rosenbluth
Responding to Judge Arthur L. Alarcón, Remedies for California’s Death Row Deadlock, 80 S. Cal. L. Rev. 697 (2007). Californians overwhelmingly support the death penalty, we are told. In the most recent Field Poll, conducted in 2006, nearly two-thirds of the State’s denizens expressed support for this harshest of penalties when imposed for the most serious crimes. But I wonder if their support is something like my opposition: as lukewarm as the Chinese food I had delivered last night. Perhaps...
Response to Courage of Their Convictions
Postscript (Response) by Yael V. Levy
Responding to Jean Rosenbluth, Would Californians Have the Courage of Their Convictions in the Face of Fully Functioning Death Penalty?, 81 S. Cal. L. Rev. Postscript 1 (2008). I applaud Jean Rosenbluth for examining a question that has been troubling me since I relocated to California from New York last summer: would Californians support capital punishment if the State actually executed the almost 700 death eligible inmates who languish on death row for an average of eighteen years, and at l...
Arnold, Digital Media, and the Resurrection of Boyd
Postscript (Comment) by Brian M. Hoffstadt
In the fall of 2006, United States District Judge Dean D. Pregerson handed down United States v. Arnold, which held that U.S. Customs agents violated the Fourth Amendment when they searched a laptop computer belonging to an inbound international traveler at Los Angeles International Airport without any particularized suspicion. The Ninth Circuit recently overturned the district court’s ruling, but the district court’s analytical approach remains of vital interest. That is because the decision wa...
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