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Full-Text Articles in Law

Divorce Involving Domestic Violence: Is Med-Arb Likely To Be The Solution?, Dafna Lavi Sep 2014

Divorce Involving Domestic Violence: Is Med-Arb Likely To Be The Solution?, Dafna Lavi

Pepperdine Dispute Resolution Law Journal

After an introduction in chapter one, the second chapter of this article presents statistics regarding the phenomenon of domestic violence and presents the definition of “violence” (with its attendant difficulties). The third chapter presents the existing problems regarding the judicial handling of divorce cases in general and those involving violence in particular. The fourth chapter analyzes the academic discourse regarding the issue of mediation of divorce cases involving violence (the position of the proponents and the opponents, as well as the problems of the current situation). The fifth chapter proposes med-arb as addressing the issue of divorce mediation in the …


Judges Under Fire - Alj Independence At Issue, Debra Cassens Moss Apr 2013

Judges Under Fire - Alj Independence At Issue, Debra Cassens Moss

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


The Logic Of Judicial Decisions - Two Items Of Greater Or Lesser Interest, Michael S. Moore, W. Barton Leach, David J. Agatstein Apr 2013

The Logic Of Judicial Decisions - Two Items Of Greater Or Lesser Interest, Michael S. Moore, W. Barton Leach, David J. Agatstein

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


General Semantics, Stare Decisis And Change Through Considerations Of A New Ethics, Irene S. Ross Apr 2013

General Semantics, Stare Decisis And Change Through Considerations Of A New Ethics, Irene S. Ross

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Surviving The Politics Of Judging: National Association Of Adminsitrative Law Judges Luncheon Address, September 13, 1999 , Penny J. White Apr 2013

Surviving The Politics Of Judging: National Association Of Adminsitrative Law Judges Luncheon Address, September 13, 1999 , Penny J. White

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Ncalj Panel Discussion: Alj Decisions - Final Or Fallible?, Jim Flanagan, Jim Rossi, John Hardwicke, Tyrone T. Butler Apr 2013

Ncalj Panel Discussion: Alj Decisions - Final Or Fallible?, Jim Flanagan, Jim Rossi, John Hardwicke, Tyrone T. Butler

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


The Texas State Office Of Administrative Hearings: Establishing Independent Adjudicators In Contested Case Proceedings While Preserving The Power Of Institutional Decision-Making, Ron Beal Apr 2013

The Texas State Office Of Administrative Hearings: Establishing Independent Adjudicators In Contested Case Proceedings While Preserving The Power Of Institutional Decision-Making, Ron Beal

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Policymaking By The Administrative Judiciary , Charles H. Koch Jr. Apr 2013

Policymaking By The Administrative Judiciary , Charles H. Koch Jr.

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Accommodating Alj Decision Making Independence With Institutional Interests Of The Administrative Judiciary, Harold J. Krent, Lindsay Duvall Apr 2013

Accommodating Alj Decision Making Independence With Institutional Interests Of The Administrative Judiciary, Harold J. Krent, Lindsay Duvall

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Active Bar Membership October 15, 2007 Federal Administrative Law Judges: A Critique Of The "Active" Bar Membership Regulation , David J. Agatstein Apr 2013

Active Bar Membership October 15, 2007 Federal Administrative Law Judges: A Critique Of The "Active" Bar Membership Regulation , David J. Agatstein

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Administrative Hearing Opinion, E. Barrett Prettyman Apr 2013

Administrative Hearing Opinion, E. Barrett Prettyman

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Expanding The Role Of The Victim In A Criminal Action: An Overview Of Issues And Problems , Josephine Gittler Feb 2013

Expanding The Role Of The Victim In A Criminal Action: An Overview Of Issues And Problems , Josephine Gittler

Pepperdine Law Review

There is a growing recognition that crime victims have identifiable interests of sufficient legitimacy and significance to justify expanding their role in criminal proceedings beyond that as a mere non-party witness. This article traces the history of the victim in society and suggests reforms which will help to place the crime victim back into a more meaningful position in the American criminal justice system. Comparisons are made between differing state, national, and international victim programs and the author provides some well-needed insight into the costs and benefits of implementing new ideas which would assist in redefining the role of the …


Victims' Perceptions Of Criminal Justice, Deborah P. Kelly Feb 2013

Victims' Perceptions Of Criminal Justice, Deborah P. Kelly

Pepperdine Law Review

This article considers the criminal justice system from the crime victim's perspective. Victims are the people behind crime statistics. They are the individuals who suffer the injuries inflicted by criminals and who reveal the existence of crime when they report it. Victims are the key to apprehending criminals and the justification for the state's subsequent prosecution, yet they are often the people we know least about.


Social Justice And The Warren Court: A Preliminary Examination, Arthur S. Miller Feb 2013

Social Justice And The Warren Court: A Preliminary Examination, Arthur S. Miller

Pepperdine Law Review

Whether courts should attempt to advance social justice is a much debated topic in American jurisprudence. The conventional wisdom about the judicial process is to the contrary. In this article, Professor Arthur S. Miller suggests that the Supreme Court's innovative civil rights and civil liberties decisions during Chief Justice Earl Warren's tenure had the ultimate effect of helping to preserve the status quo of the social order. Its decisions, coming at a time of economic abundance, were a means of siphoning off discontent from disadvantaged groups at minimum social cost to the established order. The "activist" decisions under Warren were …


Precedent: What It Is And What It Isn't; When Do We Kiss It And When Do We Kill It?, Ruggero J. Aldisert Jan 2013

Precedent: What It Is And What It Isn't; When Do We Kiss It And When Do We Kill It?, Ruggero J. Aldisert

Pepperdine Law Review

No abstract provided.


A First Amendment Right Of Access To A Juror's Identity: Toward A Fuller Understanding Of The Jury's Deliberative Process , Robert Lloyd Raskopf Nov 2012

A First Amendment Right Of Access To A Juror's Identity: Toward A Fuller Understanding Of The Jury's Deliberative Process , Robert Lloyd Raskopf

Pepperdine Law Review

No abstract provided.


The Rule Of Law For Judges, Thomas M. Reavley Apr 2012

The Rule Of Law For Judges, Thomas M. Reavley

Pepperdine Law Review

No abstract provided.


Bewitched By Language: Wittgenstein And The Practice Of Law, Bruce A. Markell Mar 2012

Bewitched By Language: Wittgenstein And The Practice Of Law, Bruce A. Markell

Pepperdine Law Review

No abstract provided.


The Story Behind Vidal V. Girard's Executors: Joseph Story, The Philadelphia Bible Riots, And Religious Liberty, Jay Alan Sekulow, Jeremy Tedesco Mar 2012

The Story Behind Vidal V. Girard's Executors: Joseph Story, The Philadelphia Bible Riots, And Religious Liberty, Jay Alan Sekulow, Jeremy Tedesco

Pepperdine Law Review

No abstract provided.


Is There Anything To Fear In Transnationalist Development Of Law? The Australian Experience, Paul Von Nessen Mar 2012

Is There Anything To Fear In Transnationalist Development Of Law? The Australian Experience, Paul Von Nessen

Pepperdine Law Review

No abstract provided.


"Of A Judiciary Nature": Observations On Chief Justice's First Opinions, Diane S. Sykes Mar 2012

"Of A Judiciary Nature": Observations On Chief Justice's First Opinions, Diane S. Sykes

Pepperdine Law Review

No abstract provided.


The Roberts Court & The Business Cases, Kenneth W. Starr Mar 2012

The Roberts Court & The Business Cases, Kenneth W. Starr

Pepperdine Law Review

No abstract provided.


Roundtable Discussion, Vikram Amar, Joan Biskupic, Douglas W. Kmiec, Jeffrey Rosen, Kenneth W. Starr, Kathleen M. Sullivan Mar 2012

Roundtable Discussion, Vikram Amar, Joan Biskupic, Douglas W. Kmiec, Jeffrey Rosen, Kenneth W. Starr, Kathleen M. Sullivan

Pepperdine Law Review

No abstract provided.


Free Speech, Kathleen M. Sullivan Mar 2012

Free Speech, Kathleen M. Sullivan

Pepperdine Law Review

No abstract provided.


Criminal Justice, Vikram Amar Mar 2012

Criminal Justice, Vikram Amar

Pepperdine Law Review

No abstract provided.


The Roberts Court & Executive Power, Jeffrey Rosen Mar 2012

The Roberts Court & Executive Power, Jeffrey Rosen

Pepperdine Law Review

No abstract provided.


The Alito/O'Connor Switch, Joan Biskupic Mar 2012

The Alito/O'Connor Switch, Joan Biskupic

Pepperdine Law Review

No abstract provided.


The Inaugural William French Smith Memorial Lecture: A Look At Supreme Court Advocacy With Justice Samuel Alito, Samuel A. Alito Jr, Douglas W. Kmiec, Carter G. Phillips, Kenneth W. Starr Mar 2012

The Inaugural William French Smith Memorial Lecture: A Look At Supreme Court Advocacy With Justice Samuel Alito, Samuel A. Alito Jr, Douglas W. Kmiec, Carter G. Phillips, Kenneth W. Starr

Pepperdine Law Review

No abstract provided.


Why It Matters Whether There Is A Higher Law Or Not, Dallas Willard Feb 2012

Why It Matters Whether There Is A Higher Law Or Not, Dallas Willard

Pepperdine Law Review

No abstract provided.


Law, Higher Law, And Human Making, William S. Brewbaker Iii Feb 2012

Law, Higher Law, And Human Making, William S. Brewbaker Iii

Pepperdine Law Review

This paper is a preliminary investigation of what Christian theology might teach us about the nature of human creative activity and its relationship to judging and lawmaking. Rather than attempt to survey and synthesize multiple theological accounts of human making, it focuses on just one - Dorothy Sayers' The Mind of the Maker. The foundational analogy that drives Sayers' account of human creativity is the relation between God's creative activity and that of human beings made in his image. Sayers argues that human creative activity has a Trinitarian structure, which she identifies as Idea, Energy and Power. These three elements …