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The Likely Impact Of National Federation On Commerce Clause Jurisprudence, Robert J. Pushaw Jr., Grant S. Nelson May 2013

The Likely Impact Of National Federation On Commerce Clause Jurisprudence, Robert J. Pushaw Jr., Grant S. Nelson

Pepperdine Law Review

In National Federation of Independent Businesses v. Sebelius, the Supreme Court exhaustively analyzed Congress’s constitutional power to enact the watershed Patient Protection and Affordable Care Act (ACA or “Obamacare”). The ACA imposes a “shared responsibility requirement,” popularly known as the “Individual Mandate” (IM), which forces Americans to buy medical insurance or pay a “penalty.” The ACA’s text and legislative history, as well as the public defenses of it by President Obama and his supporters, consistently described the IM as a valid exercise of Congress’s power “[t]o regulate Commerce . . . among the several States.” This reliance on the Commerce …


Equal Protection For Illegitimate Children In State Welfare Programs, Phillip North May 2013

Equal Protection For Illegitimate Children In State Welfare Programs, Phillip North

Pepperdine Law Review

No abstract provided.


Bilingual Welfare Notice Not Required - Guerrero V. Carleson, 9 Cal. 3d 808, 512 P.2d 833, 109 Cal. Rptr. 201 (1973), Mary Beth Diez May 2013

Bilingual Welfare Notice Not Required - Guerrero V. Carleson, 9 Cal. 3d 808, 512 P.2d 833, 109 Cal. Rptr. 201 (1973), Mary Beth Diez

Pepperdine Law Review

No abstract provided.


Illegitimate Children And Constitutional Review, Clayton W. Plotkin, John Vodonick May 2013

Illegitimate Children And Constitutional Review, Clayton W. Plotkin, John Vodonick

Pepperdine Law Review

No abstract provided.


The Relationship Of Just Compensation To The Land Use Regulatory Power: An Analysis And Proposal , Thomas P. Clark, Arthur G. Kidman May 2013

The Relationship Of Just Compensation To The Land Use Regulatory Power: An Analysis And Proposal , Thomas P. Clark, Arthur G. Kidman

Pepperdine Law Review

No abstract provided.


Natural Law And The Ninth Amendment, Thomas E. Towe May 2013

Natural Law And The Ninth Amendment, Thomas E. Towe

Pepperdine Law Review

No abstract provided.


The California Constitution And Counsel At Pretrial Lineups: Disneyland Claims Or Deadly Serious Business? , John Moravek May 2013

The California Constitution And Counsel At Pretrial Lineups: Disneyland Claims Or Deadly Serious Business? , John Moravek

Pepperdine Law Review

No abstract provided.


Diminution In Value Is Not Inverse Condemnation: Hfh, Ltd. V. Superior Court , Daniel J. Gavin May 2013

Diminution In Value Is Not Inverse Condemnation: Hfh, Ltd. V. Superior Court , Daniel J. Gavin

Pepperdine Law Review

No abstract provided.


Breed V. Jones: Double Jeopardy And The Juvenile , Jere Lamont Fox May 2013

Breed V. Jones: Double Jeopardy And The Juvenile , Jere Lamont Fox

Pepperdine Law Review

No abstract provided.


People V. Rojas: The Expanding Concept Of Unavailability, Brian Wade Uhl May 2013

People V. Rojas: The Expanding Concept Of Unavailability, Brian Wade Uhl

Pepperdine Law Review

No abstract provided.


The California Approach To The Yielding Of The Newsman's Shield Law, Ronnie Schwartz May 2013

The California Approach To The Yielding Of The Newsman's Shield Law, Ronnie Schwartz

Pepperdine Law Review

No abstract provided.


The Constitutional Right Of Self-Representation: Faretta And The “Assistance Of Counsel”, Joan W. Garrott May 2013

The Constitutional Right Of Self-Representation: Faretta And The “Assistance Of Counsel”, Joan W. Garrott

Pepperdine Law Review

No abstract provided.


In Re Lisa R. 13 Cal. 3d 336, 532 P.2d 123, 119 Cal. Rptr. 475 (1975), Elliot Shelton May 2013

In Re Lisa R. 13 Cal. 3d 336, 532 P.2d 123, 119 Cal. Rptr. 475 (1975), Elliot Shelton

Pepperdine Law Review

No abstract provided.


People V. Brisendine: Search And Seizure In California , Donald E. Buddenbaum May 2013

People V. Brisendine: Search And Seizure In California , Donald E. Buddenbaum

Pepperdine Law Review

No abstract provided.


The Pre-Arraignment Lineup: Necessity Of A Magistrate, Harry M. Caldwell, Douglas S. Smith May 2013

The Pre-Arraignment Lineup: Necessity Of A Magistrate, Harry M. Caldwell, Douglas S. Smith

Pepperdine Law Review

No abstract provided.


The Equal Rights Amendment And The Courts, Mary C. Dunlap May 2013

The Equal Rights Amendment And The Courts, Mary C. Dunlap

Pepperdine Law Review

No abstract provided.


The Unpredictable Writ - The Evolution Of Habeas Corpus, Brian Wade Uhl May 2013

The Unpredictable Writ - The Evolution Of Habeas Corpus, Brian Wade Uhl

Pepperdine Law Review

No abstract provided.


Punitive Damages: An Exception To The Right Of Privacy? Coy V. Superior Court, Richard S. Fields May 2013

Punitive Damages: An Exception To The Right Of Privacy? Coy V. Superior Court, Richard S. Fields

Pepperdine Law Review

No abstract provided.


Beyond Weighing And Sifting: Narrowing Judicial Focus As An Alternative To Burton V. Wilmington Parking Authority, William W. Wynder May 2013

Beyond Weighing And Sifting: Narrowing Judicial Focus As An Alternative To Burton V. Wilmington Parking Authority, William W. Wynder

Pepperdine Law Review

No abstract provided.


The Application Of Anti-Discrimination Laws To Religious Institutions: The Irresistible Force Meets The Immovable Object, Oliver S. Thomas Apr 2013

The Application Of Anti-Discrimination Laws To Religious Institutions: The Irresistible Force Meets The Immovable Object, Oliver S. Thomas

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Drugs And Alcohol In The Workplace , Venable, Baetjer & Howard, Esqs. Apr 2013

Drugs And Alcohol In The Workplace , Venable, Baetjer & Howard, Esqs.

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Privacy, Jed Rubenfeld Apr 2013

Privacy, Jed Rubenfeld

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Due Process In A Nutshell, Arthur Markewich Apr 2013

Due Process In A Nutshell, Arthur Markewich

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Due Process In Unemployment Insurance Adjudication: Overview Of The Unemployment Insurance System, Frank J. Barbaro Apr 2013

Due Process In Unemployment Insurance Adjudication: Overview Of The Unemployment Insurance System, Frank J. Barbaro

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Striving For Efficiency In Administrative Litigation: North Carolina's Office Of Administrative Hearings, Julian Mann Iii Apr 2013

Striving For Efficiency In Administrative Litigation: North Carolina's Office Of Administrative Hearings, Julian Mann Iii

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


State Court Invalidation Of A Federal Regulation: Thomas V. North Carolina Department Of Human Resources, Gary L. Cole Apr 2013

State Court Invalidation Of A Federal Regulation: Thomas V. North Carolina Department Of Human Resources, Gary L. Cole

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


The Authority Of An Administrative Agency To Decide Constitutional Issues: Richardson V. Tennessee Board Of Dentistry, Marykay Foy Apr 2013

The Authority Of An Administrative Agency To Decide Constitutional Issues: Richardson V. Tennessee Board Of Dentistry, Marykay Foy

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


The Active Administrative Law Judge: Is There Harm In An Alj Asking?, Allen E. Shoenberger Apr 2013

The Active Administrative Law Judge: Is There Harm In An Alj Asking?, Allen E. Shoenberger

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


This Alj Said Too Much: Prison Hearing Officer Charges Michigan Department Of Corrections With First Amendment Violations And Race Discrimination, Carolyn Amadon Apr 2013

This Alj Said Too Much: Prison Hearing Officer Charges Michigan Department Of Corrections With First Amendment Violations And Race Discrimination, Carolyn Amadon

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Sequestering Witnesses: Does The Practice Interfere With Defendants' Constitutional Rights?, Harold Baer Jr. Apr 2013

Sequestering Witnesses: Does The Practice Interfere With Defendants' Constitutional Rights?, Harold Baer Jr.

Journal of the National Association of Administrative Law Judiciary

No abstract provided.