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Articles 1 - 30 of 164
Full-Text Articles in Entire DC Network
The Real Miss America Campaign, Kristen Causey, Katherine Meringolo, Olivia Okoro, Lisa Yoon, Madison Zeinart
The Real Miss America Campaign, Kristen Causey, Katherine Meringolo, Olivia Okoro, Lisa Yoon, Madison Zeinart
Pepperdine Journal of Communication Research
No abstract provided.
Seattle Grace Is Not Run By Written Rules And Regulations: Examining Power Structures In Grey’S Anatomy, Meghan Doyle
Seattle Grace Is Not Run By Written Rules And Regulations: Examining Power Structures In Grey’S Anatomy, Meghan Doyle
Pepperdine Journal of Communication Research
No abstract provided.
How Does Americas Next Top Model Represent Deafness?, Martha Zavala Perez
How Does Americas Next Top Model Represent Deafness?, Martha Zavala Perez
Pepperdine Journal of Communication Research
No abstract provided.
Instagram: What Makes You Post?, Sarah Tyer
Instagram: What Makes You Post?, Sarah Tyer
Pepperdine Journal of Communication Research
No abstract provided.
Gender Differences In Intimacy, Emotional Expressivity, And Relationship Satisfaction, Melissa Ubando
Gender Differences In Intimacy, Emotional Expressivity, And Relationship Satisfaction, Melissa Ubando
Pepperdine Journal of Communication Research
No abstract provided.
The Role Of Media Framing In Crime Reports: How Different Types Of News Frames And Racial Identity Affect Viewers’ Perceptions Of Race, Kelsey Foreman, Cecilia Arteaga, Aushawna Collins
The Role Of Media Framing In Crime Reports: How Different Types Of News Frames And Racial Identity Affect Viewers’ Perceptions Of Race, Kelsey Foreman, Cecilia Arteaga, Aushawna Collins
Pepperdine Journal of Communication Research
No abstract provided.
The Boy In The Grey Sweatshirt, Meghan Doyle
The Boy In The Grey Sweatshirt, Meghan Doyle
Pepperdine Journal of Communication Research
No abstract provided.
Table Of Contents And Editor’S Notes, Catherine Dapello
Table Of Contents And Editor’S Notes, Catherine Dapello
Pepperdine Journal of Communication Research
No abstract provided.
Keeping Secrets: The Case For A North American Trade Secret Agreement, Jonathan K. Heath
Keeping Secrets: The Case For A North American Trade Secret Agreement, Jonathan K. Heath
The Journal of Business, Entrepreneurship & the Law
In this paper, I attempt to give an overview of the statutory trade secret protections available in the United States, Canada, and Mexico, and suggest a solution to the problem of inadequate and confusing trade secret legislation: an international agreement between the NAFTA signatories criminalizing the theft of trade secrets.
From Old Spice To The Texas Law Hawk: How Inbound Marketing, Content Leadership And Social Media Can Level The Playing Field For Solo Practitioners, J. Mark Phillips, Kyle A. Huggins, Lora Mitchell Harding
From Old Spice To The Texas Law Hawk: How Inbound Marketing, Content Leadership And Social Media Can Level The Playing Field For Solo Practitioners, J. Mark Phillips, Kyle A. Huggins, Lora Mitchell Harding
The Journal of Business, Entrepreneurship & the Law
The advent of technological tools such as social media present the legal industry with the potential for both perilous liability and unparalleled rainmaking. However, the full potential of social media remains untapped in the legal field because the topic has yet to be fully integrated into a broader understanding of inbound marketing and content leadership. The current treatment of social media in the legal literature is uneven-it tends to disproportionately emphasize the potential liabilities over the benefits, and it fails to provide a thorough framework to guide its optimal use. This article aims to rectify this uneven treatment by situating …
No Need To Reinvent The Wheel: Why Existing Liability Law Does Not Need To Be Preemptively Altered To Cope With The Debut Of The Driverless Car, Jeremy Levy
The Journal of Business, Entrepreneurship & the Law
First, in part I, this article seeks to explore the background of driverless vehicles, including their history, the technology involved, and general issues and potential problems that may arise from these vehicles entering the market. In part II, the article will discuss existing regulations already in place for autonomous driverless vehicles in both state and federal law. Part III will examine two proposals, those for additional laws, or for the adaptation of existing laws to create new liability schemes, and how most of these proposals are either inadequate or overbroad. Part IV will examine liability waiver for accidents, strict liability …
Islamic Financing: A Successful Takeoff Or A Crash Landing? Whether Or Not Islamic Financing Should Be Used To Finance And Lease Aircraft, Jennifer Ann Urban
Islamic Financing: A Successful Takeoff Or A Crash Landing? Whether Or Not Islamic Financing Should Be Used To Finance And Lease Aircraft, Jennifer Ann Urban
The Journal of Business, Entrepreneurship & the Law
As international air travel continues to increase, Islamic financing is a key option to consider in securing aviation financing. This paper begins with background information of the foundation of Islam. Then, it explains the applicable international treaties and their roles within Middle Eastern nations. Next, Islamic finance law is addressed, followed by Islamic aviation and leasing in general. Finally, this paper concludes with a case study of how these principles come into play in the United Arab Emirates.
Does The Mechanical License Provision Of The Copyright Act Violate The Copyright Clause?, Maryna Koberidze
Does The Mechanical License Provision Of The Copyright Act Violate The Copyright Clause?, Maryna Koberidze
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
Who's Preparing For The Pecuniary Downside Of The Merger? Economy: The Imperative In The Reunification Of North And South Korea, Paul Stewart Kim
Who's Preparing For The Pecuniary Downside Of The Merger? Economy: The Imperative In The Reunification Of North And South Korea, Paul Stewart Kim
The Journal of Business, Entrepreneurship & the Law
This Comment views the North and South Korea's reunification process in light of economic principles and policies. This Comment broadly summarizes the role/need of foreign investors in North Korea for the preparation of the reunification. First, this Comment briefly reviews the History of North and South Korea. Second, this Comment scrutinizes North Korea-its economic history, current economy, and predicted future. Third, this Comment will link economy and reunification, will explain why reunification is more than political, and will describe why the pastproposed plan on reunification economy and why it has not succeeded. Reunification has exceedingly difficult issues arising out of …
Is Copyright Evolving Or Mutating? What American Broadcasting Cos. V. Aereo, Inc. Says About U.S. Copyright Law In The Twenty-First Century, Allison Davenport
Is Copyright Evolving Or Mutating? What American Broadcasting Cos. V. Aereo, Inc. Says About U.S. Copyright Law In The Twenty-First Century, Allison Davenport
The Journal of Business, Entrepreneurship & the Law
In this article, I will look in-depth at the case of American Broadcasting Cos. v. Aereo, Inc. (Aereo). Aereo centers on an alleged infringement of American Broadcasting Company's (ABC)'s public performance right that was achieved through a complicated technological process meant to circumvent the law. In its opinion, the Supreme Court of the United States tries to stretch the language of the Copyright Act to apply to new technology by analogizing it with more familiar processes, while the dissent calls for reform to come from Congress, not the courts. Before my discussion of the Aereo decision, I will discuss the …
A Legacy That No One Can Afford To Inherit: The Gold King Disaster And The Threat Of Abandoned Hardrock Legacy Mines, Kelly Roberts
A Legacy That No One Can Afford To Inherit: The Gold King Disaster And The Threat Of Abandoned Hardrock Legacy Mines, Kelly Roberts
Journal of the National Association of Administrative Law Judiciary
This article begins with a description of the alarming matter of abandoned mines, mainly due to the issue of acid mine drainage. Then, it provides a detailed account of the Gold King disaster, including the current state of affairs surrounding the question of EPA liability. Next, it provides a simplified overview of some of the federal statutory hurdles that make it difficult to tackle remediation of abandoned hardrock mines. In wake of Gold King, another round of legislation has been proposed that might help, and these proposed bills center on familiar themes of reforming the General Mining Law of 1872 …
Reverse Mergers: A Legitimate Method For Companies To Go Public Or An Easy Way To Commit Fraud?, Kyla Houge
Reverse Mergers: A Legitimate Method For Companies To Go Public Or An Easy Way To Commit Fraud?, Kyla Houge
Journal of the National Association of Administrative Law Judiciary
This article explores reverse mergers, a method commonly used by legitimate businesses and fraudsters alike. Part II provides a historical framework of publicly traded companies by detailing how they first began and exploring how they have evolved. Part III details several reasons a company may decide to go public. Part IV discusses, in detail, three common methods companies use when going public, called initial public offerings, Rule 144 placements, and direct public offerings, and the pros and cons of each method. Part V explores the origin of reverse mergers by explaining what a reverse merger is and exploring how reverse …
Alj Central Panels: How Is It Going Out There?, W. Michael Gillette
Alj Central Panels: How Is It Going Out There?, W. Michael Gillette
Journal of the National Association of Administrative Law Judiciary
For over 40 years, administrative law mavens have touted the desirability of “central panels,” i.e., panels of administrative law judges who, instead of being attached to a single administrative agency, are assigned to a “central,” “independent” panel that supplies administrative law judges to conduct contested case hearings for a variety of agencies. More than half the states have listened to the siren call and have created such panels — the earliest (California’s) as far back as 1946. As one who at first opposed, but later supported the creation of such a panel in his home state, Oregon, the author now …
Report To The California Public Utilities Commission Regarding Ex Parte Communications And Related Practices, Michael J. Strumwasser, Beverly Grossman Palmer, Dale K. Larson
Report To The California Public Utilities Commission Regarding Ex Parte Communications And Related Practices, Michael J. Strumwasser, Beverly Grossman Palmer, Dale K. Larson
Journal of the National Association of Administrative Law Judiciary
Part I contains the analysis of existing law. We review the statutes and regulations governing ex parte communications before the CPUC, examine corresponding laws of other jurisdictions, and compare the CPUC statutes and regulations with those of the other jurisdictions. In Part II we examine actual ex parte practices before the CPUC. Based on data obtained from notices filed on the Commission’s website by parties to rate-setting cases, we provide a quantitative characterization of the extent and nature of noticed ex parte communications over the past roughly 22 years. We then place ex parte communications within the context of the …
Save The Social Security Disability Trust Fund! And Reduce Ssi Exposure To The General Fund, Daniel F. Solomon
Save The Social Security Disability Trust Fund! And Reduce Ssi Exposure To The General Fund, Daniel F. Solomon
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
De-Scribing Administrative Law Case Data: From Sparklines To Dashboards To Analytics, Steven Placek
De-Scribing Administrative Law Case Data: From Sparklines To Dashboards To Analytics, Steven Placek
Journal of the National Association of Administrative Law Judiciary
In this article, I present some examples of opportunities for agencies to depart from the inscribed method. These examples of display “de-scribe” administrative law data, making the data more visually active, multi-variate—with additional context and greater density. In Part II of this article, I review examples of the current state of data display for administrative law agencies and show how the inscribed method limits complex displays of data. In Part III, I introduce the concept of the sparkline, which is the fundamental unit of visual data display in the big data era that appears in organizational dashboards and analytics deployments. …
To Waive Or Not To Waive? Filing Deadlines And Hearing Requests In Administrative Adjudications, Alice Booher Johnson
To Waive Or Not To Waive? Filing Deadlines And Hearing Requests In Administrative Adjudications, Alice Booher Johnson
Journal of the National Association of Administrative Law Judiciary
In Part II of this Article, I provide an overview of subject matter jurisdiction in relation to filing timeframes. I review the distinction between original and appellate jurisdiction using Maryland case law and a sample survey of other state case law to provide background to the question of filing deadlines and hearing requests in administrative adjudications. In Part III of this Article, I elaborate upon Supreme Court precedent on administrative filing deadlines. In Part IV of this Article, I analyze the nature of filing deadlines for hearing requests before various state agencies, with an emphasis on Maryland’s scheme. The case …
Adjudicasaurus Rex, Jeffrey S. Wolfe
Adjudicasaurus Rex, Jeffrey S. Wolfe
Journal of the National Association of Administrative Law Judiciary
This article proposes a simple theme. While many issues plague the Social Security Disability Insurance and Supplemental Security Income programs, only reform of the hearings and appeals process can solve the decades-long (and growing) hearings backlog. Only then, can the remaining questions regarding the solvency of the DI trust fund be meaningfully addressed. As it now stands, the ongoing backlog of pending hearings and appeals feeds the twin plagues of rising costs and increasing delay. These are the very issues that drove the federal courts in the passage of the Civil Justice Reform Act of 1990 (CJRA). This article provides …
Domestic Violence Victims A Nuisance To Cities, Filomena Gehart
Domestic Violence Victims A Nuisance To Cities, Filomena Gehart
Pepperdine Law Review
Unless municipal nuisance ordinances change, domestic violence victims can face eviction just for calling the police. Nuisance ordinances generally impose fines on a property owner or landlord when the police are called to respond to incidents of crime a certain number of times at the same residence. Many nuisance ordinances also revoke a landlord’s rental license if a property is deemed a nuisance. However, many of these nuisance ordinances do not have an exception for incidents of domestic violence and, consequently, victims are scared to call 911 or request police assistance. This comment surveys the development of nuisance laws and …
Clarifying The Business Trust In Bankruptcy: A Proposed Restatement Test, Jared W. Speier
Clarifying The Business Trust In Bankruptcy: A Proposed Restatement Test, Jared W. Speier
Pepperdine Law Review
When bankruptcy courts attempt to define the business trust, the “decisions are sharply, and perhaps hopelessly, divided.” The Bankruptcy Code, which guides the determinations of bankruptcy courts, specifically lists business trusts as eligible for protection. However, the Code does not define what a business trust is and does not list any criteria for determining when a trust is a business trust. The lack of a concrete definition has led many courts to formulate their own definitions of business trusts. While the courts hoped that they would eventually settle on a uniform test to tackle this issue, it has yet to …
Use Of Facial Recognition Technology For Medical Purposes: Balancing Privacy With Innovation, Seema Mohapatra
Use Of Facial Recognition Technology For Medical Purposes: Balancing Privacy With Innovation, Seema Mohapatra
Pepperdine Law Review
Imagine applying for a job, and as part of your application process, your prospective employer asks for a photograph. You, as an eager candidate, comply with the request and, unbeknownst to you, the employer runs your picture through a software program that scans you for any common genetic diseases and that estimates your longevity. Alas, your face indicates that you may die young. No job for you. Although this sounds like science fiction, we may not be that far off from this scenario. In June 2014, scientists from Oxford reported that they have developed a facial recognition program that uses …
Emulsified Property, Jessica A. Shoemaker
Emulsified Property, Jessica A. Shoemaker
Pepperdine Law Review
The typical American Indian reservation is often described as a “checkerboard” of different real property ownership forms. Individual parcels of reservation land may be held in either a special federal Indian trust status or in fee, by either Indian or non-Indian owners. The general jurisdictional framework provides that federal and sometimes tribal law sets the rights and responsibilities of trust owners, while fee owners are subject to a peculiar mix of state and tribal law. Many scholars have analyzed the challenges created by this checkerboard pattern of property and jurisdiction. This Article, however, reveals an even more complicated issue that …
Do Lawyers Matter? The Effect Of Legal Representation In Civil Disputes, Emily S. Taylor Poppe, Jeffrey J. Rachlinski
Do Lawyers Matter? The Effect Of Legal Representation In Civil Disputes, Emily S. Taylor Poppe, Jeffrey J. Rachlinski
Pepperdine Law Review
With declining law school enrollments, rising rates of pro se litigation, increasing competition from international lawyers and other professionals, and disparaging assessments from the Supreme Court, the legal profession is under increasing attack. Recent research suggesting that legal representation does not benefit clients has further fueled an existential anxiety in the profession. Are lawyers needed and do they matter? In this Article, we review the existing empirical research on the effect of legal representation on civil dispute outcomes. Although the pattern of results has complexities, across a wide range of substantive areas of law (housing, governmental benefits, family law, employment …
Children’S Anatomy V. Children’S Autonomy: A Precarious Balancing Act With Preimplantation Genetic Diagnosis And The Creation Of “Savior Siblings”, Marley Mcclean
Pepperdine Law Review
On February 3, 2015, Members of the United Kingdom’s Parliament, in an historical move, voted to approve the creation of human beings from three different parents, i.e., the creation of three-person DNA. In doing so, it became the first country ever to approve laws regulating such a procedure. The procedure uses a customized version of in vitro fertilization (IVF) to mix the DNA of two parents with the healthy mitochondria of a donor woman. While three-person DNA is not yet practiced in the United States, there is a controversial ART procedure practiced and unregulated in the United States that also …
Considering Consequences: Autonomy’S Missing Half, Catherine A. Hardee
Considering Consequences: Autonomy’S Missing Half, Catherine A. Hardee
Pepperdine Law Review
In a subtle but discernible trend, courts, commentators, and policymakers increasingly use autonomy-based justifications to support expanding economic rights. Their use of autonomy, however, is inconsistent with the concept of traditional liberal autonomy that proponents of economic rights embrace. This is because many, if not most, economic choices have some measure of consequences ameliorated by state action. This Article exposes the conceptual incoherence of this approach and argues that these autonomy-based arguments are invalid when they fail to acknowledge the vital role consequences play in constituting liberal autonomy. It also demonstrates that the failure to account for consequences in determining …