University of Southern California

Volume 89, Number 1 (November, 2015)

  • xxx

    Controlling Supergraphics: A New Challenge Facing Local Governments Aiming to Limit the Spread of Advertising and Prevent Visual Bight
    Note by Lauren Glaser

    People do not like billboards. These off-site signs, or signs advertising goods and services not available in the near vicinity, allegedly create visual blight, cheapening communities and cluttering the landscape. In addition, they have proven to be hard to control. Local government ordinances aimed at limiting the spread of outdoor advertising and controlling its visual impacts are continually challenged by the well-funded billboard industry. While courts have developed criteria, which often...

  • xxx

    The Clash: Squaring Mandatory Arbitration with Administrative Agency and Representative Recourse
    Article by Maureen A. Weston

    Mandatory predispute arbitration clauses requiring individual, final, and binding arbitration and excluding all class or representative actions, whether in court or arbitration, are often embedded in employment contracts and nearly all aspects of commercial and consumer transactions. The Federal Arbitration Act (“FAA”) requires courts to enforce agreements to arbitrate. However, both state and federal administrative agencies regulate the sectors in which arbitration contracts are used. Likewise,...

  • xxx

    Eighth Amendment Presumptions: A Constitutional Framework for Curbing Mass Incarceration
    Article by William E. Berry III

    The Supreme Court’s conceptualization of the Eighth Amendment over the past decade has focused on narrow exceptions to the ability of the states to punish criminal offenders, excising particular punishments based on characteristics of the offender or crime. What is missing, however, is a set of broader guiding principles delineating the line between acceptable and impermissible punishments. The Court itself, in Kennedy v. Louisiana, acknowledged as much, describing the case law as “still in sear...

  • xxx

    The New Qualified Immunity
    Article by Aaron L. Nielson & Christopher J. Walker

    In 2009, the Supreme Court changed the procedures for a significant aspect of constitutional litigation. In Pearson v. Callahan, the Court rejected a rigid requirement that in assessing qualified immunity, courts must first address whether a constitutional right was violated and, if so, only then address whether that right was clearly established. After Pearson, where the right is not clearly established, courts have discretion to either dismiss the claim without going further or decide the cons...

Donate

Make a tax deductible contribution to the Southern California Law Review.

  • Donate

Sponsors

  • Irell & Manella
  • Jones Day

Donors

Hosted By

  • USC Gould School of Law