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Articles 1 - 30 of 114
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The Likely Impact Of National Federation On Commerce Clause Jurisprudence, Robert J. Pushaw Jr., Grant S. Nelson
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
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
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
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
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
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
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
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
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
People V. Rojas: The Expanding Concept Of Unavailability, Brian Wade Uhl
Pepperdine Law Review
No abstract provided.
The Constitutional Right Of Self-Representation: Faretta And The “Assistance Of Counsel”, Joan W. Garrott
The Constitutional Right Of Self-Representation: Faretta And The “Assistance Of Counsel”, Joan W. Garrott
Pepperdine Law Review
No abstract provided.
The California Approach To The Yielding Of The Newsman's Shield Law, Ronnie Schwartz
The California Approach To The Yielding Of The Newsman's Shield Law, Ronnie Schwartz
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
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
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
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
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
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
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
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.
Uncle Sam And The Partitioning Punitive Problem: A Federal Split-Recovery Statute Or A Federal Tax?, Skyler M. Sanders
Uncle Sam And The Partitioning Punitive Problem: A Federal Split-Recovery Statute Or A Federal Tax?, Skyler M. Sanders
Pepperdine Law Review
It is no secret that the doctrine of punitive damages has had a storied past in American jurisprudence, yet it has remained an integral part of both federal and state courts throughout the country. Most, if not all, attempts to restrict punitive damage awards have failed due to the over-inclusive or under-inclusive nature of the remedial measures; however, split-recovery statutes—another punitive damage regulatory tool—have been touted as striking a proper balance between limiting plaintiff windfalls while still punishing and deterring defendants. Even so, such statutes have been meet with vigorous constitutional criticism and fail to curtail punitive damage awards for …
Defining The Lifeblood: The Search For A Sensible Ministerial Exception Test, Summer E. Allen
Defining The Lifeblood: The Search For A Sensible Ministerial Exception Test, Summer E. Allen
Pepperdine Law Review
Over the past 40 years, the circuit courts have acknowledged a ministerial exception to Title VII and other anti-discrimination laws that gives churches the freedom to determine who serves in ministerial roles as a voice of a church’s faith. In January of 2012, the Supreme Court officially adopted the exception into its jurisprudence. The opinion, however, left many questions unanswered. Mainly, the decision failed to give any guidance to lower courts regarding who is and who is not a minister. This article traces the history of the ministerial exception and the church autonomy doctrine back to the Religion Clauses in …
Executive Action And The First Amendment's First Word, Daniel J. Hemel
Executive Action And The First Amendment's First Word, Daniel J. Hemel
Pepperdine Law Review
In recent years, textualist scholars have advanced the argument that the First Amendment only applies to legislative action, and thus that executive authority is unencumbered by the First Amendment’s prohibitions. According to this argument, the words “Congress shall make no law” cannot be construed to limit the powers of the executive branch. Upon first glance, it might seem that a textualist reading of the First Amendment’s first word would give the executive branch carte blanche in the regulation of religion, expression, and association. Yet as this Article seeks to show, a textualist reading of the First Amendment’s first word does …
What Standard Should Be Used To Determine A Valid Juvenile Waiver?, Martin Levy, Stephen Skacevic
What Standard Should Be Used To Determine A Valid Juvenile Waiver?, Martin Levy, Stephen Skacevic
Pepperdine Law Review
No abstract provided.
The California Constitutional Right Of Privacy And Exclusion Of Evidence In Civil Proceedings, Jerry D. Mackey
The California Constitutional Right Of Privacy And Exclusion Of Evidence In Civil Proceedings, Jerry D. Mackey
Pepperdine Law Review
No abstract provided.
The Mexican-American Penal Sentences Treaty: A Run-On Sentence, Gary Gray
The Mexican-American Penal Sentences Treaty: A Run-On Sentence, Gary Gray
Pepperdine Law Review
No abstract provided.
Where For Art Thou Danforth: Bellotti V. Baird , David C. Boatwright
Where For Art Thou Danforth: Bellotti V. Baird , David C. Boatwright
Pepperdine Law Review
The author's focus is upon a Supreme Court opinion dealing with the constitutional parameters of a minor's right to make an independent decision with respect to abortion. The majority, in an attempt to balance the often conflicting interests of the minor, the minor's parents, and the state, sets forth the minimum requirements with which parental consent statutes must comply. The author emphasizes the significance of the high court's plurality split regarding this issue, and cautions the practitioner as to the possibility of inconsistent rulings on such statutes in the future.
Procedural Rights In The Juvenile Court: Incorporation Or Due Process?, Glen W. Clark
Procedural Rights In The Juvenile Court: Incorporation Or Due Process?, Glen W. Clark
Pepperdine Law Review
The landmark Supreme Court decision in In re Gault established, among other things, a juvenile's right to counsel in delinquency prosecutions. However, the decision left unanswered certain questions relating to the nature and scope of that right. In this article, the author examines whether or not Gault initiated a special due process right to counsel for juveniles apart from that body of sixth amendment law previously developed in criminal cases. Alternatively, he wonders whether Gault was meant to initiate a process of selective incorporation of the Bill of Rights into the juvenile justice system. The author critically analyzes the resulting …
Consolidated Edison Company Of New York V. Public Service Commission: Freedom Of Speech Extended To Monopolies - Is There No Escape For The Consumer?, Lynn K. Warren
Pepperdine Law Review
The author's focus is upon an opinion of the United States Supreme Court which silently extended first amendment freedoms to a corporate monopoly. The majority attempts a balancing of the monopoly utility's freedom of speech against the state's protection of the privacy interests of the ratepayers and finds the privacy interest not to be so compelling as to justify any restriction on freedom of speech. The author suggests that the privacy interest is so substantial as to be compelling and further agrees with the dissent, that because of the special position of the Consolidated Edison Company as a monopoly and …
United States V. Salvucci: The Problematic Absence Of Automatic Standing, William C. Bollard
United States V. Salvucci: The Problematic Absence Of Automatic Standing, William C. Bollard
Pepperdine Law Review
The United States Supreme Court recently abolished the automatic standing rule in United States v. Salvucci. The author analyzes the difficulties created for the criminal defendant charged with a possessory crime. In particular, this note focuses on the inequitable position the defendant is placed in when his suppression hearing testimony is used as a tool to impeach subsequent testimony offered at trial. The author continues by pointing out that the "prosecutorial self-contradiction," sought to be abolished in Salvucci, remains a part of our present judicial system. In conclusion, the author offers several considerations that will necessarily be an integral part …
Harris V. Mcrae: Whatever Happened To The Roe V. Wade Abortion Right?, Laura Crocker
Harris V. Mcrae: Whatever Happened To The Roe V. Wade Abortion Right?, Laura Crocker
Pepperdine Law Review
The controversial Roe v. Wade decision purportedly removed the abortion controversy from the political arena and set constitutional standards by which questions on the issue could be resolved. The enactment of the Hyde Amendment, a bill which generally forbids the use of Medicaid funds for abortions, was a recent political response to the abortion controversy. However, in the recent case of Harris v. McRae, the Supreme Court upheld the constitutionality of the Hyde Amendment and thus injected the abortion controversy back into the political arena. The author exhaustively examines the abortion controversy from the time of the Roe decision up …