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Articles 1 - 4 of 4
Full-Text Articles in Law
Forcing The Issue: An Analysis Of The Various Standards Of Forcible Compulsion In Rape, Joshua Mark Fried
Forcing The Issue: An Analysis Of The Various Standards Of Forcible Compulsion In Rape, Joshua Mark Fried
Pepperdine Law Review
No abstract provided.
Substance And Method In The Year 2000, Akhil Reed Amar
Substance And Method In The Year 2000, Akhil Reed Amar
Pepperdine Law Review
No abstract provided.
Beyond The (Current) Fourth Amendment: Protecting Third-Party Information, Third Parties, And The Rest Of Us Too, Stephen E. Henderson
Beyond The (Current) Fourth Amendment: Protecting Third-Party Information, Third Parties, And The Rest Of Us Too, Stephen E. Henderson
Pepperdine Law Review
For at least thirty years the Supreme Court has adhered to its third-party doctrine in interpreting the Fourth Amendment, meaning that so far as a disclosing party is concerned, information in the hands of a third party receives no Fourth Amendment protection. The doctrine was controversial when adopted, has been the target of sustained criticism, and is the predominant reason that the Katz revolution has not been the revolution many hoped it would be. Some forty years after Katz the Court's search jurisprudence largely remains tied to property conceptions. As I have demonstrated elsewhere, however, the doctrine is not the …
Innocent Threats, Concealed Consent, And The Necessary Presence Of Strict Liability In Traditional Fault-Based Tort Law , Marin Roger Scordato
Innocent Threats, Concealed Consent, And The Necessary Presence Of Strict Liability In Traditional Fault-Based Tort Law , Marin Roger Scordato
Pepperdine Law Review
This article identifies and carefully analyzes the use in tort law of what is termed unilateral and bilateral legal analysis. Unilateral, or one-party, analysis involves the design of legal doctrine that is focused on the characteristics or status of a single legal person. It is traditionally associated with criminal law, where the doctrinal attention is tightly focused on the criminal defendant. Inquiry may be made regarding the nature and degree of harm suffered by the victim, or whether the victim agreed to the harm producing act, but these considerations are generally relevant only to the degree that they shed light …