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The Constitutional Infirmity Of The California Government Claim Statute, James C. Downing, Nikolai Tehin Jr. May 2013

The Constitutional Infirmity Of The California Government Claim Statute, James C. Downing, Nikolai Tehin Jr.

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.


Property Taxation Of Foreign Goods And Enterprises - A Study In Inconsistency , James Dexter Clark May 2013

Property Taxation Of Foreign Goods And Enterprises - A Study In Inconsistency , James Dexter Clark

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 Apr 2013

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 …


The Mexican-American Penal Sentences Treaty: A Run-On Sentence, Gary Gray Feb 2013

The Mexican-American Penal Sentences Treaty: A Run-On Sentence, Gary Gray

Pepperdine Law Review

No abstract provided.


The Constitution Should Protect Everyone - Even Lawyers, Arthur Gilbert, William Gorenfeld Jan 2013

The Constitution Should Protect Everyone - Even Lawyers, Arthur Gilbert, William Gorenfeld

Pepperdine Law Review

No abstract provided.


A Comment On The Instruction Of Constitutional Law, William H. Rehnquist Jan 2013

A Comment On The Instruction Of Constitutional Law, William H. Rehnquist

Pepperdine Law Review

No abstract provided.


Intramilitary Tort Immunity: A Constitutional Justification , Kevin M. Fillo Jan 2013

Intramilitary Tort Immunity: A Constitutional Justification , Kevin M. Fillo

Pepperdine Law Review

No abstract provided.


Benign Sex Discrimination Revisited: Constitutional And Moral Issues In Banning Sex-Selection Abortion , George Schedler Jan 2013

Benign Sex Discrimination Revisited: Constitutional And Moral Issues In Banning Sex-Selection Abortion , George Schedler

Pepperdine Law Review

No abstract provided.


Coy V. Iowa: A Constitutional Right Of Intimidation, John A. Mayers Jan 2013

Coy V. Iowa: A Constitutional Right Of Intimidation, John A. Mayers

Pepperdine Law Review

No abstract provided.


Thompson V. Oklahoma: Debating The Constitutionality Of Juvenile Executions, Susan M. Simmons Jan 2013

Thompson V. Oklahoma: Debating The Constitutionality Of Juvenile Executions, Susan M. Simmons

Pepperdine Law Review

No abstract provided.


United States V. Kozminski: On The Threshold Of Involuntary Servitude , Kenneth T. Koonce Jr. Jan 2013

United States V. Kozminski: On The Threshold Of Involuntary Servitude , Kenneth T. Koonce Jr.

Pepperdine Law Review

No abstract provided.


States Escape Liability For Copyright Infringement?, Michelle V. Francis Jan 2013

States Escape Liability For Copyright Infringement?, Michelle V. Francis

Pepperdine Law Review

No abstract provided.


Evidence Of Mental Disorder On Mens Rea: Constitutionality Of Drawing The Line At The Insanity Defense , Harlow M. Huckabee Jan 2013

Evidence Of Mental Disorder On Mens Rea: Constitutionality Of Drawing The Line At The Insanity Defense , Harlow M. Huckabee

Pepperdine Law Review

No abstract provided.


Mandatory Pro Bono: The Path To Equal Justice, John R. Desteiguer Jan 2013

Mandatory Pro Bono: The Path To Equal Justice, John R. Desteiguer

Pepperdine Law Review

No abstract provided.


Juror Journalism: Are Profit Motives Replacing Civic Duty?, Brent K. Ashby Jan 2013

Juror Journalism: Are Profit Motives Replacing Civic Duty?, Brent K. Ashby

Pepperdine Law Review

No abstract provided.


Municipal And State Sanctuary Declarations: Innocuous Symbolism Or Improper Dictates?, Jorge L. Carro Jan 2013

Municipal And State Sanctuary Declarations: Innocuous Symbolism Or Improper Dictates?, Jorge L. Carro

Pepperdine Law Review

No abstract provided.


Avoiding Religious Apartheid: Affording Equal Treatment For Student-Initiated Religious Expression In Public Schools , John W. Whitehead Jan 2013

Avoiding Religious Apartheid: Affording Equal Treatment For Student-Initiated Religious Expression In Public Schools , John W. Whitehead

Pepperdine Law Review

No abstract provided.


Mandatory Drug Testing Of College Athletes: Are Athletes Being Denied Their Constitutional Rights? , Allison Rose Jan 2013

Mandatory Drug Testing Of College Athletes: Are Athletes Being Denied Their Constitutional Rights? , Allison Rose

Pepperdine Law Review

No abstract provided.


Thornburgh V. Abbott: Slamming The Prison Gates On Constitutional Rights, Megan M. Mcdonald Jan 2013

Thornburgh V. Abbott: Slamming The Prison Gates On Constitutional Rights, Megan M. Mcdonald

Pepperdine Law Review

No abstract provided.


A Descendible Right Of Publicity: Has The Time Finally Come For A National Standard?, J. Steven Bingman Jan 2013

A Descendible Right Of Publicity: Has The Time Finally Come For A National Standard?, J. Steven Bingman

Pepperdine Law Review

No abstract provided.


The Unwed Father's Custody Claim In California: When Does The Parental Preference Doctrine Apply?, Jeffrey S. Boyd Jan 2013

The Unwed Father's Custody Claim In California: When Does The Parental Preference Doctrine Apply?, Jeffrey S. Boyd

Pepperdine Law Review

No abstract provided.


Constitutional Restraints On The Doctrine Of Punitive Damages, Theodore B. Olson, Theodore J. Boutrous Jr. Jan 2013

Constitutional Restraints On The Doctrine Of Punitive Damages, Theodore B. Olson, Theodore J. Boutrous Jr.

Pepperdine Law Review

No abstract provided.


The Code And The Constitution: Fifth Amendment Limits On The Debtor's Discharge In Bankruptcy, Nicholas A. Franke Jan 2013

The Code And The Constitution: Fifth Amendment Limits On The Debtor's Discharge In Bankruptcy, Nicholas A. Franke

Pepperdine Law Review

No abstract provided.


National Treasury Employees Union V. Von Raab—Will The War Against Drugs Abrogate Constitutional Guarantees?, Alyssa C. Westover Jan 2013

National Treasury Employees Union V. Von Raab—Will The War Against Drugs Abrogate Constitutional Guarantees?, Alyssa C. Westover

Pepperdine Law Review

No abstract provided.


Texas V. Johnson: The Constitutional Protection Of Flag Desecration, Patricia Lofton Jan 2013

Texas V. Johnson: The Constitutional Protection Of Flag Desecration, Patricia Lofton

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.


Towards A Borgean Theory Of Constitutional Interpretation, Marco Jimenez Jan 2013

Towards A Borgean Theory Of Constitutional Interpretation, Marco Jimenez

Pepperdine Law Review

This Article presents a reworking of Jorge Luis Borges’ short story, Pierre Menard, Author of the Quixote, as applied to the U.S. Constitution. In Borges’ original story, which deals with important issues governing interpretation, the creation of meaning, and the ascertainment of original intent, Borges’ fictional scholar, Pierre Menard, undertakes to translate Cervantes’ Don Quixote for a modern audience by creating a Quixote that could have been written by Cervantes today. To do so, Menard begins by immersing himself in the world of 17th century Spain, much as an originalist today might immerse him or herself in 18th century America, …


Blame It On Catholic Bishop: The Question Of Nlrb Jurisdiction Over Religious Colleges And Universities, Susan J. Stabile Jan 2013

Blame It On Catholic Bishop: The Question Of Nlrb Jurisdiction Over Religious Colleges And Universities, Susan J. Stabile

Pepperdine Law Review

No abstract provided.