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When Considering Federal Privacy Legislation, Neil Chilson Jun 2020

When Considering Federal Privacy Legislation, Neil Chilson

Pepperdine Law Review

Legislators, advocates, and business interests are proposing federal privacy legislation with new urgency. The United States has a long-established federal framework for addressing commercial privacy concerns, including general consumer protection law and sector-specific legislation. But the calls to expand or replace this approach have grown louder since Europe’s General Data Protection Regulation went into effect and since California adopted detailed and prescriptive privacy legislation. Should we create a U.S. federal privacy law, and if so, how? When considering any kind of privacy regulation, three concepts are fundamental. First, no one can control all information about them. Second, all privacy laws …


Government Code 800: Reimbursement Of Counsel Fees, Gayle Posner May 2013

Government Code 800: Reimbursement Of Counsel Fees, Gayle Posner

Pepperdine Law Review

No abstract provided.


Juvenile Justice In Transition , Julian C. Dixon May 2013

Juvenile Justice In Transition , Julian C. Dixon

Pepperdine Law Review

No abstract provided.


Enacting Legislation To Identify And Treat Children With Conduct Disorders, Donald J. Barnett, Ola Barnett Feb 2013

Enacting Legislation To Identify And Treat Children With Conduct Disorders, Donald J. Barnett, Ola Barnett

Pepperdine Law Review

The identification of conduct disordered children, that is, those children who are susceptible to becoming delinquent, is the first necessary step that must be undertaken if society's efforts to control a spiraling crime rate are to be successful. It is the authors' underlying premise that since the traditional approaches to rehabilitation have proven ineffective, it is incumbent upon the various state legislatures to become receptive to new methods and programs designed to prevent delinquency. The distinguishing feature of these alternatives would be early intervention and treatment. Admittedly, the authors note, many of these programs are experimental and based on the …


Drug Use And The Exclusionary Manque, Jerome A. Busch Feb 2013

Drug Use And The Exclusionary Manque, Jerome A. Busch

Pepperdine Law Review

No abstract provided.


Corporate Homicide: The Stark Realities Of Artificial Beings And Legal Fictions , Douglas S. Anderson Feb 2013

Corporate Homicide: The Stark Realities Of Artificial Beings And Legal Fictions , Douglas S. Anderson

Pepperdine Law Review

In the aftermath of one of the most highly publicized trials in product liability annals-the celebrated Pinto case-the legal question raised by that litigation remains unresolved. Controversy continues as to whether a corporation should be convicted of homicide when it knowingly markets an unsafe product that results in death. Today the answer is a resounding "no", in light of state statutes defining homicide as the killing of one human being by another, difficulties in finding the requisite criminal intent; and the practical problems of placing a legal fiction behind bars. However, there are recent indications that these present obstacles to …


Admissibility Of Illegally Seized Evidence In Civil Cases: Could This Be The Path Out Of The Labyrinth Of The Exclusionary Rule?, Richard J. Hanscom Feb 2013

Admissibility Of Illegally Seized Evidence In Civil Cases: Could This Be The Path Out Of The Labyrinth Of The Exclusionary Rule?, Richard J. Hanscom

Pepperdine Law Review

The use of the exclusionary rule in criminal cases has been the subject of extensive debate since its inception. Although most efforts to modify the rule have been deemed unworkable, the author proposes a modification that is both workable and sensible. Modification would be accomplished by legislation which admits the results of illegal searches by law enforcement officers who acted in good faith, and, at the same time, provide fixed monetary sanctions against the governmental agencies whose officers conducted the search. The author proposes a good faith balancing test to determine evidence admissibility and administrative type proceedings to determine monetary …


Plain Talk About Plea Bargaining, Harry A. Ackley Feb 2013

Plain Talk About Plea Bargaining, Harry A. Ackley

Pepperdine Law Review

No abstract provided.


Constitutional Considerations: Government Responsibility And The Right Not To Be A Victim , Richard L. Aynes Feb 2013

Constitutional Considerations: Government Responsibility And The Right Not To Be A Victim , Richard L. Aynes

Pepperdine Law Review

Within a democratic society, citizens are provided with certain rights and liberties. Among those rights and liberties is the right not to be a victim. In this article, the author examines and analyzes the growing concern for the protection of victims of crimes. Recent legislative enactments have been designed to alter the role of the victim in the civil and criminal justice systems by defining and implementing a series of "victims' rights." The author concludes by recognizing that one of the most important duties of government is to provide for the physical safety of those within its jurisdiction. To implement …


The Crime Victim And The Criminal Justice System: Time For A Change, Paul S. Hudson Feb 2013

The Crime Victim And The Criminal Justice System: Time For A Change, Paul S. Hudson

Pepperdine Law Review

The failure of the present criminal justice system to provide meaningful participation for victims of crime has launched crime victim reform measures to the forefront of the legislative agenda. This article explores current reform measures and proposes new programs to increase the quantity of victims' rights and enhance the quality of victim involvement.


Proposition 8: California Law After In Re Lance W. And People V. Castro, Mark Dyer Klein, Randall A. Cohen Jan 2013

Proposition 8: California Law After In Re Lance W. And People V. Castro, Mark Dyer Klein, Randall A. Cohen

Pepperdine Law Review

Until recently, California provided a relatively high level of constitutional protection to criminal defendants. With the passage of Proposition 8 in 1982, the California voters expressed their desire to decrease this level of protection in order to remove impediments to the effective prosecution of criminally accuseds. This comment will examine two of the major provisions of Proposition 8 and their effect on California law in light of major cases decided by the California Supreme Court in 1985.


An Analysis Of Selective Service System V. Minnesota Public Interest Research Group, Teresa L. Howell Jan 2013

An Analysis Of Selective Service System V. Minnesota Public Interest Research Group, Teresa L. Howell

Pepperdine Law Review

Section 1113 of the Department of Defense Authorization Act passed in 1982 prohibits the receipt of Title IV educational funds by students who do not comply with draft registration requirements. In Selective Service System v. Minnesota Public Interest Research Group, the United States Supreme Court upheld section 1113 in the face of a multi-tiered constitutional challenge. After exploring the history of section 1113, the author examines the Supreme Court's analysis of each of the constitutional challenges: bill of attainder, privilege against self-incrimination, and equal protection. Finally, the author investigates the probable impact of the Court's decision.


Simplifying Federal Criminal Laws , Robert H. Joost Jan 2013

Simplifying Federal Criminal Laws , Robert H. Joost

Pepperdine Law Review

No abstract provided.


The Not-So-Golden Years: The Legal Response To Elder Abuse, David P. Mathews Jan 2013

The Not-So-Golden Years: The Legal Response To Elder Abuse, David P. Mathews

Pepperdine Law Review

No abstract provided.


Implementation Of California's Dispute Resolution Programs Act: A State-Local Partnership, Mary-Alice Coleman Jan 2013

Implementation Of California's Dispute Resolution Programs Act: A State-Local Partnership, Mary-Alice Coleman

Pepperdine Law Review

No abstract provided.


Thompson V. Thompson: The Jurisdictional Dilemma Of Child Custody Cases Under The Parental Kidnapping Prevention Act , Steven M. Schuetze Jan 2013

Thompson V. Thompson: The Jurisdictional Dilemma Of Child Custody Cases Under The Parental Kidnapping Prevention Act , Steven M. Schuetze

Pepperdine Law Review

No abstract provided.


The Constitutionality Of The Federal Sentencing Reform Act After Mistretta V. United States, Charles R. Eskridge Iii Jan 2013

The Constitutionality Of The Federal Sentencing Reform Act After Mistretta V. United States, Charles R. Eskridge Iii

Pepperdine Law Review

No abstract provided.


The Offender And The Victim, Edward Tromanhauser Nov 2012

The Offender And The Victim, Edward Tromanhauser

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.


Crime Victims' Rights -- A Legislative Perspective, William Van Regenmorter Nov 2012

Crime Victims' Rights -- A Legislative Perspective, William Van Regenmorter

Pepperdine Law Review

No abstract provided.


Progress In The Victim Reform Movement: No Longer The "Forgotten Victim", David L. Roland Nov 2012

Progress In The Victim Reform Movement: No Longer The "Forgotten Victim", David L. Roland

Pepperdine Law Review

No abstract provided.


Victims' Rights: An Idea Whose Time Has Come--Five Years Later: The Maturing Of An Idea, Frank Carrington, George Nicholson Nov 2012

Victims' Rights: An Idea Whose Time Has Come--Five Years Later: The Maturing Of An Idea, Frank Carrington, George Nicholson

Pepperdine Law Review

No abstract provided.


The Elevation Of Victims' Rights In Washington State: Constitutional Status, Ken Eikenberry Nov 2012

The Elevation Of Victims' Rights In Washington State: Constitutional Status, Ken Eikenberry

Pepperdine Law Review

No abstract provided.


Introduction, Ronald F. Phillips Nov 2012

Introduction, Ronald F. Phillips

Pepperdine Law Review

No abstract provided.


Deinstitutionalization Of Status Offenders: In Perspective , Robert W. Sweet Jr. Nov 2012

Deinstitutionalization Of Status Offenders: In Perspective , Robert W. Sweet Jr.

Pepperdine Law Review

No abstract provided.


Adult Survivors Of Childhood Sexual Abuse And The Statute Of Limitations: The Need For Consistent Application Of The Delayed Discovery Rule, Gregory G. Gordon Nov 2012

Adult Survivors Of Childhood Sexual Abuse And The Statute Of Limitations: The Need For Consistent Application Of The Delayed Discovery Rule, Gregory G. Gordon

Pepperdine Law Review

No abstract provided.


Walking The Invisible Line Of Punitive Damages: Txo Production Corp. V. Alliance Resources Corp. , Nancy G. Dragutsky Nov 2012

Walking The Invisible Line Of Punitive Damages: Txo Production Corp. V. Alliance Resources Corp. , Nancy G. Dragutsky

Pepperdine Law Review

No abstract provided.


United States V. Lopez: Artificial Respiration For The Tenth Amendment , Eric W. Hagen Nov 2012

United States V. Lopez: Artificial Respiration For The Tenth Amendment , Eric W. Hagen

Pepperdine Law Review

No abstract provided.


Mandatory Chemical Castration For Perpetrators Of Sex Offenses Against Children: Following California's Lead, Peter J. Gimino Iii Oct 2012

Mandatory Chemical Castration For Perpetrators Of Sex Offenses Against Children: Following California's Lead, Peter J. Gimino Iii

Pepperdine Law Review

No abstract provided.


Rediscovering A Principled Commerce Power , Douglas W. Kmiec Oct 2012

Rediscovering A Principled Commerce Power , Douglas W. Kmiec

Pepperdine Law Review

No abstract provided.