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Articles 1 - 30 of 49
Full-Text Articles in Law
Using Bruen To Overturn New York Times V. Sullivan, Michael L. Smith, Alexander S. Hiland
Using Bruen To Overturn New York Times V. Sullivan, Michael L. Smith, Alexander S. Hiland
Pepperdine Law Review
While New York Times Co. v. Sullivan is a foundational, well-regarded First Amendment case, Justice Clarence Thomas has repeatedly called on the Court to revisit it. Sullivan, Thomas claims, is policy masquerading as constitutional law, and it makes almost no effort to ground itself in the original meaning of the First and Fourteenth Amendments. Thomas argues that at the time of the founding, libelous statements were routinely subject to criminal prosecution—including libel of public figures and public officials. This Essay connects Justice Thomas’s calls to revisit Sullivan to his recent opinion for the Court in New York State Rifle & …
A More Perfect Union: The Emoluments Clause, Grant C. Rasak
A More Perfect Union: The Emoluments Clause, Grant C. Rasak
Pepperdine Law Review
America’s Framers crafted the Emoluments Clause to preserve institutional integrity, mitigate undue influences, and best serve the American People. The Emoluments Clause influenced the course of the Constitutional Convention, as the Pennsylvania Delegation championed resolute reforms. Benjamin Franklin, working alongside James Wilson, advocated for strengthening domestic and international practices by crafting the Emoluments Clause. The Framers proposed a system of self-government which sought to establish public trust, mitigate corrupt practices, and promote institutional integrity. The Pennsylvania Delegation summoned Wilson, under the tutelage of Franklin, to champion the Emoluments Clause. Wilson proposed a new notion of national unity by placing profound …
Comparing Literary And Biblical Hermeneutics To Constitutional And Statutory Interpretation, Robert J. Pushaw Jr.
Comparing Literary And Biblical Hermeneutics To Constitutional And Statutory Interpretation, Robert J. Pushaw Jr.
Pepperdine Law Review
Interpreters determine the meaning of language. To interpret literary and biblical texts, scholars have developed detailed rules, methods, and theories of human understanding. This branch of knowledge, “hermeneutics,” features three basic approaches. First, “textualists” treat words as directly conveying their ordinary meaning to a competent reader today. Second, “contextualists” maintain that verbal meaning depends on generally shared linguistic conventions in the particular historical and cultural environment of the author—and that therefore translations or commentaries are necessary to make the writing intelligible to a modern reader. Third, “hermeneutic circle” scholars argue that texts have no objective meaning. Rather, a person’s subjective …
The Court Can’T Even Handle Me Right Now: The Arpaio Pardon And Its Effect On The Scope Of Presidential Pardons, Tyler Brown
The Court Can’T Even Handle Me Right Now: The Arpaio Pardon And Its Effect On The Scope Of Presidential Pardons, Tyler Brown
Pepperdine Law Review
The Constitution grants the president the power to pardon individuals for offenses against the United States. Courts have interpreted this power broadly, and the American public has historically accepted its use, even in the face of several controversial pardons over the last five decades. However, after President Trump pardoned Joe Arpaio—a former Arizona sheriff who was held in criminal contempt of court for continuing to illegally detain suspected undocumented immigrants—scholars, activists, and political figures questioned whether this pardon was unconstitutional. This Comment discusses the Court’s interpretation of the pardoning power, controversial pardons in modern history, and the details of the …
Lucia Et Al. V. Securities And Exchange Commission: Brief Of Amicus Curiae The Forum Of United States Administrative Law Judges In Support Of Neither Party, Gerald Marvin Bober
Lucia Et Al. V. Securities And Exchange Commission: Brief Of Amicus Curiae The Forum Of United States Administrative Law Judges In Support Of Neither Party, Gerald Marvin Bober
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Eight Justices Are Enough: A Proposal To Improve The United States Supreme Court, Eric J. Segall
Eight Justices Are Enough: A Proposal To Improve The United States Supreme Court, Eric J. Segall
Pepperdine Law Review
Over the last twenty-five years, some of the most significant Supreme Court decisions involving issues of national significance like abortion, affirmative action, and voting rights were five-to-four decisions. In February 2016, the death of Justice Antonin Scalia turned the nine-Justice court into an eight-Justice court, comprised of four liberal and four conservative Justices, for the first time in our nation’s history. This article proposes that an evenly divided court consisting of eight Justices is the ideal Supreme Court composition. Although the other two branches of government have evolved over the years, the Supreme Court has undergone virtually no significant changes. …
How Law Employs Historical Narratives: The Great Compromise As An Example, Louis J. Sirico Jr.
How Law Employs Historical Narratives: The Great Compromise As An Example, Louis J. Sirico Jr.
Pepperdine Law Review
Although historians base their interpretations on facts, they often use the same facts to tell a variety of stories. Of the varying stories, which gain acceptance by society and the courts? To explore this question, this Article examines the historiography of the Great Compromise. At the 1787 Constitutional Convention, the deputies debated how to elect members of the House and Senate. Should each state have equal representation or should each state have representation based on its population? The heavily populated states wanted population-based (proportional) representation while the less populated states wanted a one-state-one-vote system. After difficult debates, the Convention, by …
A New Deal For Europe? The Commerce Clause As The Solution To Tax Discrimination And Double Taxation In The European Union, Charles Edward Andrew Lincoln Iv
A New Deal For Europe? The Commerce Clause As The Solution To Tax Discrimination And Double Taxation In The European Union, Charles Edward Andrew Lincoln Iv
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
Secret Arbitration Or Civil Litigation?: An Analysis Of The Delaware Arbitration Program, Jores Kharatian
Secret Arbitration Or Civil Litigation?: An Analysis Of The Delaware Arbitration Program, Jores Kharatian
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
The Delaware Arbitration Experiment: Not Just A “Secret Court”, Jessica Tyndall
The Delaware Arbitration Experiment: Not Just A “Secret Court”, Jessica Tyndall
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
Delaware's Closed Door Arbitration: What The Future Holds For Large Business Disputes And How It Will Affect M&A Deals, Myron T. Steele, Thomas J. Stipanowich, Robert Anderson, James R. Griffin, Katherine Blair, Monica Shilling
Delaware's Closed Door Arbitration: What The Future Holds For Large Business Disputes And How It Will Affect M&A Deals, Myron T. Steele, Thomas J. Stipanowich, Robert Anderson, James R. Griffin, Katherine Blair, Monica Shilling
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
In Quest Of The Arbitration Trifecta, Or Closed Door Litigation?: The Delaware Arbitration Program , Thomas J. Stipanowich
In Quest Of The Arbitration Trifecta, Or Closed Door Litigation?: The Delaware Arbitration Program , Thomas J. Stipanowich
The Journal of Business, Entrepreneurship & the Law
The Delaware Arbitration Program established a procedure by which businesses can agree to have their disputes heard in an arbitration proceeding before a sitting judge of the state’s highly regarded Chancery Court. The Program arguably offers a veritable trifecta of procedural advantages for commercial parties, including expert adjudication, efficient case management and short cycle time and, above all, a proceeding cloaked in secrecy. It also may enhance the reputation of Delaware as the forum of choice for businesses. But the Program’s ambitious intermingling of public and private forums brings into play the longstanding tug-of-war between the traditional view of court …
Constitution And Bylaws Of The National Association Of Administrative Law Judges, David J. Agatstein
Constitution And Bylaws Of The National Association Of Administrative Law Judges, David J. Agatstein
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Hodgson V. Minnesota: Chipping Away At Roe V. Wade In The Aftermath Of Webster, Selina K. Hewitt
Hodgson V. Minnesota: Chipping Away At Roe V. Wade In The Aftermath Of Webster, Selina K. Hewitt
Pepperdine Law Review
No abstract provided.
The Right To Waive Competent Counsel: Extending The Faretta Waiver, Augustine Gerard Yee
The Right To Waive Competent Counsel: Extending The Faretta Waiver, Augustine Gerard Yee
Pepperdine Law Review
No abstract provided.
A Constitutional Right To Safe Foster Care - Time For The Supreme Court To Pay Its I.O.U., Daniel L. Skoler
A Constitutional Right To Safe Foster Care - Time For The Supreme Court To Pay Its I.O.U., Daniel L. Skoler
Pepperdine Law Review
No abstract provided.
Allocating The Costs Of Parental Free Exercise: Striking A New Balance Between Sincere Religious Belief And A Child's Right To Medical Treatment , Paul A. Monopoli
Allocating The Costs Of Parental Free Exercise: Striking A New Balance Between Sincere Religious Belief And A Child's Right To Medical Treatment , Paul A. Monopoli
Pepperdine Law Review
No abstract provided.
The Line-Item Veto: The Best Response When Congress Passes One Spending “Bill” A Year, L. Gordon Crovitz
The Line-Item Veto: The Best Response When Congress Passes One Spending “Bill” A Year, L. Gordon Crovitz
Pepperdine Law Review
No abstract provided.
Montesquieu's Theory Of Government And The Framing Of The American Constitution , Matthew P. Bergman
Montesquieu's Theory Of Government And The Framing Of The American Constitution , Matthew P. Bergman
Pepperdine Law Review
No abstract provided.
Big Business Beware: Punitive Damages Do Not Violate Fourteenth Amendment According To Pacific Mutual Life Insurance Co. V. Haslip, Christopher V. Carlyle
Big Business Beware: Punitive Damages Do Not Violate Fourteenth Amendment According To Pacific Mutual Life Insurance Co. V. Haslip, Christopher V. Carlyle
Pepperdine Law Review
No abstract provided.
Ban On Nude Dancing Strips Away First Amendment Rights To Protect "Order And Morality" In Barnes V. Glen Theatre, Inc., Shannon Mclin Carlyle
Ban On Nude Dancing Strips Away First Amendment Rights To Protect "Order And Morality" In Barnes V. Glen Theatre, Inc., Shannon Mclin Carlyle
Pepperdine Law Review
No abstract provided.
Milking The New Sacred Cow: The Supreme Court Limits The Peremptory Challenge On Racial Grounds In Powers V. Ohio And Edmonson V. Leesville Concrete Co., Bradley R. Kirk
Milking The New Sacred Cow: The Supreme Court Limits The Peremptory Challenge On Racial Grounds In Powers V. Ohio And Edmonson V. Leesville Concrete Co., Bradley R. Kirk
Pepperdine Law Review
No abstract provided.
The Policy Against Federal Funding For Abortions Extends Into The Realm Of Free Speech After Rust V. Sullivan, Loye M. Barton
The Policy Against Federal Funding For Abortions Extends Into The Realm Of Free Speech After Rust V. Sullivan, Loye M. Barton
Pepperdine Law Review
No abstract provided.
California's Constitutional Right To Privacy, J. Clark Kelso
California's Constitutional Right To Privacy, J. Clark Kelso
Pepperdine Law Review
No abstract provided.
United States V. Alvarez-Machain: Kidnapping In The "War On Drugs" - A Matter Of Executive Discretion Or Lawlessness?, Michael G. Mckinnon
United States V. Alvarez-Machain: Kidnapping In The "War On Drugs" - A Matter Of Executive Discretion Or Lawlessness?, Michael G. Mckinnon
Pepperdine Law Review
No abstract provided.
Images Of Men In Feminist Legal Theory , Brian Bendig
Images Of Men In Feminist Legal Theory , Brian Bendig
Pepperdine Law Review
No abstract provided.
The Punishment Need Not Fit The Crime: Harmelin V. Michigan And The Eigth Amendment, Scott K. Petersen
The Punishment Need Not Fit The Crime: Harmelin V. Michigan And The Eigth Amendment, Scott K. Petersen
Pepperdine Law Review
No abstract provided.
The Private Club Exemption From Civil Rights Legislation - Sanctioned Discrimination Or Justified Protection Of Right To Associate, Margaret E. Koppen
The Private Club Exemption From Civil Rights Legislation - Sanctioned Discrimination Or Justified Protection Of Right To Associate, Margaret E. Koppen
Pepperdine Law Review
No abstract provided.
According To An Unnamed Official: Reconsidering The Consequences Of Confidential Source Agreements When Promises Are Broken By The Press, Peri Z. Hansen
According To An Unnamed Official: Reconsidering The Consequences Of Confidential Source Agreements When Promises Are Broken By The Press, Peri Z. Hansen
Pepperdine Law Review
No abstract provided.
Federal Judicial And Legislative Jurisdiction Over Entities Abroad: The Long-Arm Of U.S. Antitrust Law And Viable Solutions Beyond The Timberlane/Restatement Comity Approach, Michael G. Mckinnon
Federal Judicial And Legislative Jurisdiction Over Entities Abroad: The Long-Arm Of U.S. Antitrust Law And Viable Solutions Beyond The Timberlane/Restatement Comity Approach, Michael G. Mckinnon
Pepperdine Law Review
No abstract provided.