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National Collegiate Athletic Association V. Tarkanian: Supreme Court Upholds Ncaa's Private Status Under The Fourteenth Amendment, Repelling Shark's Attack On Ncaa's Disciplinary Powers, Michael G. Dawson Nov 2012

National Collegiate Athletic Association V. Tarkanian: Supreme Court Upholds Ncaa's Private Status Under The Fourteenth Amendment, Repelling Shark's Attack On Ncaa's Disciplinary Powers, Michael G. Dawson

Pepperdine Law Review

No abstract provided.


Emerging Issues In Victim Assistance, Marlene A. Young Nov 2012

Emerging Issues In Victim Assistance, Marlene A. Young

Pepperdine Law Review

No abstract provided.


Allocating The Costs Of Parental Free Exercise: Striking A New Balance Between Sincere Religious Belief And A Child's Right To Medical Treatment , Paul A. Monopoli Nov 2012

Allocating The Costs Of Parental Free Exercise: Striking A New Balance Between Sincere Religious Belief And A Child's Right To Medical Treatment , Paul A. Monopoli

Pepperdine Law Review

No abstract provided.


Medical Evidence In Cases Of Intrauterine Drug And Alcohol Exposure , Judith Larsen, Robert M. Horowitz, Ira J. Chasnoff Nov 2012

Medical Evidence In Cases Of Intrauterine Drug And Alcohol Exposure , Judith Larsen, Robert M. Horowitz, Ira J. Chasnoff

Pepperdine Law Review

No abstract provided.


Harmless Amusement Or Sexual Harassment: The Reasonableness Of The Reasonable Woman Standard, Penny L. Cigoy Nov 2012

Harmless Amusement Or Sexual Harassment: The Reasonableness Of The Reasonable Woman Standard, Penny L. Cigoy

Pepperdine Law Review

No abstract provided.


Gender Classification And United States V. Virginia: Muddying The Waters Of Equal Protection , Brent L. Caslin Oct 2012

Gender Classification And United States V. Virginia: Muddying The Waters Of Equal Protection , Brent L. Caslin

Pepperdine Law Review

No abstract provided.


Paramours, Promotions, And Sexual Favoritism: Unfair, But Is There Liability?, Mitchell Poole Oct 2012

Paramours, Promotions, And Sexual Favoritism: Unfair, But Is There Liability?, Mitchell Poole

Pepperdine Law Review

No abstract provided.


No Duty To Rescue: Can Americans Really Leave A Victim Lying In The Street? What Is Left Of The American Rule, And Will It Survive Unabated?, Jennifer L. Groninger Oct 2012

No Duty To Rescue: Can Americans Really Leave A Victim Lying In The Street? What Is Left Of The American Rule, And Will It Survive Unabated?, Jennifer L. Groninger

Pepperdine Law Review

No abstract provided.


Should Prudential Standing Requirements Be Applied In Transferred Impact Sexual Harassment Cases? An Analysis Of Childress V. City Of Richmond, Robert J. Aalberts, Lorne H. Seidman Oct 2012

Should Prudential Standing Requirements Be Applied In Transferred Impact Sexual Harassment Cases? An Analysis Of Childress V. City Of Richmond, Robert J. Aalberts, Lorne H. Seidman

Pepperdine Law Review

No abstract provided.


Race, Markets, And Hollywood's Perpetual Antitrust Dilemma, Hosea H. Harvey Sep 2012

Race, Markets, And Hollywood's Perpetual Antitrust Dilemma, Hosea H. Harvey

Michigan Journal of Race and Law

This Article focuses on the oft-neglected intersection of racially skewed outcomes and anti-competitive markets. Through historical, contextual, and empirical analysis, the Article describes the state of Hollywood motion-picture distribution from its anticompetitive beginnings through the industry's role in creating an anti-competitive, racially divided market at the end of the last century. The Article's evidence suggests that race-based inefficiencies have plagued the film distribution process and such inefficiencies might likely be caused by the anti-competitive structure of the market itself, and not merely by overt or intentional racial-discrimination. After explaining why traditional anti-discrimination laws are ineffective remedies for such inefficiencies, the …


Rising To The Surface: Disasters And Racial Health Disparities In American History, Marian Moser Jones Sep 2012

Rising To The Surface: Disasters And Racial Health Disparities In American History, Marian Moser Jones

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Plessy V. Ferguson And The Anti-Canon, Akhil Reed Amar Aug 2012

Plessy V. Ferguson And The Anti-Canon, Akhil Reed Amar

Pepperdine Law Review

The article focuses on the U.S. Supreme Court case Plessy v. Ferguson, which dealt with the constitutionality of racial segregation in the U.S. Topics include the application of precedent in controversial U.S. Supreme Court cases, when the U.S. Constitution can overrule a court decision, and dissenting judicial opinions.


Coming To Terms With Dred Scott: A Response To Daniel A. Farber, Paul Finkelman Aug 2012

Coming To Terms With Dred Scott: A Response To Daniel A. Farber, Paul Finkelman

Pepperdine Law Review

When thinking about Dred Scott, the issue is not how do we “rehabilitate” the opinion. The goal of scholarship here is to understand the opinion, place it in the context of its own time, and explain its enduring significance. After that, we may praise or damn it, and rehabilitate it or condemn it. No one today likes the Dred Scott opinion or the result. But, this article argues that Professor Daniel A. Farber is so incensed by the opinion that he vastly overstates its historical significance including incorrectly blaming Chief Justice Taney for causing the Civil War. This article rejects …


Cedar Rapids Community School District V. Garret F.: A High Price For Equal Education , Kristie Harding Jul 2012

Cedar Rapids Community School District V. Garret F.: A High Price For Equal Education , Kristie Harding

Pepperdine Law Review

No abstract provided.


The Continued Reign Of Title Vii: Racial Discrimination Trumps Patients' Preferences, Samuel L. Moore Jun 2012

The Continued Reign Of Title Vii: Racial Discrimination Trumps Patients' Preferences, Samuel L. Moore

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.


The Murky Misinterpretation Of The Voting Rights Act: Divining Section Two Claims After Bartlett V. Strickland And The 2010 Census, Lindsey R. Watson Jun 2012

The Murky Misinterpretation Of The Voting Rights Act: Divining Section Two Claims After Bartlett V. Strickland And The 2010 Census, Lindsey R. Watson

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.


Nguyen V. Ins And The Application Of Intermediate Scrutiny To Gender Classifications: Theory, Practice, And Reality, Norman T. Deutsch Apr 2012

Nguyen V. Ins And The Application Of Intermediate Scrutiny To Gender Classifications: Theory, Practice, And Reality, Norman T. Deutsch

Pepperdine Law Review

The Supreme Court has articulated three theoretically different standards of review for determining whether government action has denied any person equal protection of the laws: rational basis, intermediate scrutiny, and strict scrutiny. One area of this tri-level jurisprudence that continues to be troublesome in practice is the application of intermediate scrutiny to gender classifications. Nguyen v. INS is significant because it is the first case in which all nine Justices unequivocally applied that standard in such a case. Nonetheless, the application of the standard remains problematic since the Court split five to four on its application to the facts. This …


"Don't Ask, Don't Tell," The Supreme Court, And Lawrence The "Laggard", Audrey K. Hagedorn Apr 2012

"Don't Ask, Don't Tell," The Supreme Court, And Lawrence The "Laggard", Audrey K. Hagedorn

Indiana Law Journal

No abstract provided.


Sell V. United States: Is The Supreme Court Giving A Dose Of Bad Medicine?: The Constitutionality Of The Right To Forcibly Medicate Mentally Ill Defendants For Purposes Of Trial Competence, Dina E. Klepner Mar 2012

Sell V. United States: Is The Supreme Court Giving A Dose Of Bad Medicine?: The Constitutionality Of The Right To Forcibly Medicate Mentally Ill Defendants For Purposes Of Trial Competence, Dina E. Klepner

Pepperdine Law Review

No abstract provided.


An Argument For Cadillacs Instead Of Chevrolets: How The Legal System Can Facilitate The Needs Of The Twice-Exceptional Child, Kim Millman Mar 2012

An Argument For Cadillacs Instead Of Chevrolets: How The Legal System Can Facilitate The Needs Of The Twice-Exceptional Child, Kim Millman

Pepperdine Law Review

No abstract provided.


"Making Excellence Inclusive" In Education And Beyond, Alma Clayton-Pedersen, Sonja Clayton-Pedersen Mar 2012

"Making Excellence Inclusive" In Education And Beyond, Alma Clayton-Pedersen, Sonja Clayton-Pedersen

Pepperdine Law Review

No abstract provided.


The Disability History Mystery: Assessing The Employer's Reasonable Accommodation Obligation In "Record Of Disability" Cases, Michael D. Moberly Mar 2012

The Disability History Mystery: Assessing The Employer's Reasonable Accommodation Obligation In "Record Of Disability" Cases, Michael D. Moberly

Pepperdine Law Review

No abstract provided.


Native American Health Care: Is The Indian Health Care Reauthorization And Improvement Act Of 2009 Enough To Address Persistent Health Problems Within The Native American Community?, Koral E. Fusselman Mar 2012

Native American Health Care: Is The Indian Health Care Reauthorization And Improvement Act Of 2009 Enough To Address Persistent Health Problems Within The Native American Community?, Koral E. Fusselman

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Scrutinize This!: The Questionable Constitutionality Of Gender-Conscious Admissions Policies Utilized By Public Universities, Amy Hinkley Feb 2012

Scrutinize This!: The Questionable Constitutionality Of Gender-Conscious Admissions Policies Utilized By Public Universities, Amy Hinkley

Pepperdine Law Review

No abstract provided.


History Of De Jure Segregation In Public Higher Education In America And The State Of Maryland Prior To 1954 And The Equalization Strategy, John K. Pierre Jan 2012

History Of De Jure Segregation In Public Higher Education In America And The State Of Maryland Prior To 1954 And The Equalization Strategy, John K. Pierre

Florida A & M University Law Review

No abstract provided.


The Role Of Race In End-Of-Life Care, Barbara A. Noah Jan 2012

The Role Of Race In End-Of-Life Care, Barbara A. Noah

Journal of Health Care Law and Policy

No abstract provided.


Discrimination Under A Description, Patrick S. Shin Jan 2012

Discrimination Under A Description, Patrick S. Shin

Georgia Law Review

Discrimination Under a Description .......................... Patrick S. Shin 1
In debates about the permissibility of certain kinds of
differential treatment, our judgments often seem to depend
on how to conduct in question is described. For example,
legal prohibitions on same-sex marriage seem clearly
impermissible insofar as they can be described as a form of
sex discrimination, less clearly so, at least under federal
law, if described simply as sexual-orientation
discrimination, and arguably not discriminatory at all
insofar as they constitute a universally imposed disability
on marryingwithin one's own sex. It seems, in other words,
that the prohibitionof same-sex marriage constitutes …


Legal And Policy Standards For Addressing Workplace Racism: Employer Liability And Shared Responsibility For Race-Based Traumatic Stress, Robert T. Carter, Thomas D. Scheuermann Jan 2012

Legal And Policy Standards For Addressing Workplace Racism: Employer Liability And Shared Responsibility For Race-Based Traumatic Stress, Robert T. Carter, Thomas D. Scheuermann

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Lawyering As Peacemaking, Angela P. Harris Jan 2012

Lawyering As Peacemaking, Angela P. Harris

Villanova Law Review

A lecture by Angela P. Harris titled "Lawyer As Peacemaking," given University of California, Davis, is presented on the topic of civil rights activist Martin Luther King Jr.'s speech "The Quest for Peace and Justice." Topics include the civil rights movement in the U.S., the ways in which attorneys can contribute to the peace process, and lawyers' commitment to justice.