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Articles 31 - 60 of 3009
Full-Text Articles in Law
The Outcomes Of Fully Adjudicated Impartial Hearings Under The Idea: A Nationally Representative Analysis With And Without New York, Perry A. Zirkel, Diane M. Holben
The Outcomes Of Fully Adjudicated Impartial Hearings Under The Idea: A Nationally Representative Analysis With And Without New York, Perry A. Zirkel, Diane M. Holben
Journal of the National Association of Administrative Law Judiciary
The Individuals with Disabilities Education Act (IDEA) provides eligible students with the right to a free appropriate public education (FAPE) as specified in an individualized education program (IEP). An unusual feature of the IDEA is providing the parents of students with disabilities and their school districts with the right to a binding “impartial due process hearing” at the administrative level, subject to appeal. This mechanism for administrative adjudication has been the subject of continuing policy debate and occasional statutory refinements. One of the ongoing concerns in this policy consideration has been the win-loss rate of due process hearings (DPHs). Similarly, …
Twisted Machines: Police Pursuit Policy And Accountability, Madeline Hedrick
Twisted Machines: Police Pursuit Policy And Accountability, Madeline Hedrick
Journal of the National Association of Administrative Law Judiciary
Part I of this comment will examine the cultural and legal approach to high-speed pursuits exemplified in Los Angeles—the national center of televised car chases. Part II will unpack the thorny judicial doctrine of qualified immunity and evaluate how it impacts the incentives and accountability of police pursuits. Part III will examine who pays for the lawsuits that survive qualified immunity and the role insurance companies have in the facilitation of police reform. In Part IV, this comment will examine the qualified immunity bills in New Mexico and Colorado, the nationwide example they set, and the pushback they have received. …
Broadcast In The Past?: The Dangers Of Deregulating Children’S Broadcast Television, Lauren Bashir
Broadcast In The Past?: The Dangers Of Deregulating Children’S Broadcast Television, Lauren Bashir
Journal of the National Association of Administrative Law Judiciary
This article will begin by providing an overview of the Federal Communications Commission’s role in regulating broadcast television. In Section II, this article will explain in depth how the FCC has placed limitations on the type of content and circumstances under which television stations can broadcast content. This discussion will lead into the Children’s Television Act (CTA) of 1990 and the regulation of children’s television—also known as the KidVid Rules. After providing some background on the creation of the CTA and its effectiveness up to recent times, Section III will dive deeper into the 2019 CTA modifications. Then this article …
Preliminary-Hearing Waivers And The Contract To Negotiate, Michael D. Cicchini
Preliminary-Hearing Waivers And The Contract To Negotiate, Michael D. Cicchini
Pepperdine Law Review
Plea bargaining often begins very early in a criminal case—sometimes before the preliminary hearing, or “prelim,” is held. Be-cause of the time, effort, and risk involved in holding a prelim, the prosecutor may make the defendant a prelim waiver offer. That is, if the defendant agrees to waive the prelim, the prosecutor will hold a particular plea offer open for the defendant’s future consideration. Such prelim waiver offers may be skeletal, at best, but will often include the promise of “future negotiations” to fill in the details. When the prosecutor obtains the defendant’s prelim waiver for the promise of future …
Proceeding Pro Se: Misguided Limitations On The Prison Mailbox Rule In Cretacci V. Call, Eleanor Ritter
Proceeding Pro Se: Misguided Limitations On The Prison Mailbox Rule In Cretacci V. Call, Eleanor Ritter
Pepperdine Law Review
Under the “prison mailbox rule,” an inmate’s notice of appeal in either a criminal or civil case is considered filed at the moment the notice is given to prison authorities to be mailed. But the prison mailbox rule originated as a common law rule––having developed in Fallen v. United States and Houston v. Lack––and was not codified in the Federal Rules of Appellate Procedure until 1993. In light of its complex origins, circuit courts have split over to whom and to which types of filings the rule should apply. More specifically, courts have disagreed over whether the prison mailbox rule …
Masthead And Table Of Contents, Deepika Chandrashekar
Masthead And Table Of Contents, Deepika Chandrashekar
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Disqualifying Conduct: How Failure To Regulate The United States Olympic Committee Enables Athlete Abuse, Allison Berquist
Disqualifying Conduct: How Failure To Regulate The United States Olympic Committee Enables Athlete Abuse, Allison Berquist
Journal of the National Association of Administrative Law Judiciary
In the aftermath of the USA Gymnastics Scandal, Congress passed the Protecting Young Victims from Sexual Abuse and Safe Sport Authorization Act of 2017 and Empowering Olympic, Paralympic, and Amateur Athletes Act of 2020 to protect athletes from abuse. This comment examines how years of unregulated Olympic Sport controlled by the United States Olympic and Paralympic Committee (USOPC) created systems that make young athletes vulnerable to abuse. Part I provides a background of the Olympic Movement, specifically detailing events and legislation that prompted recent legislation. Part II describes the Safe Sport Authorization Act of 2017 and Empowering Olympic, Paralympic, and …
Mother Of Exiles: Hospitality & Comprehensive Immigration Reform, Ana M. Rodriguez
Mother Of Exiles: Hospitality & Comprehensive Immigration Reform, Ana M. Rodriguez
Journal of the National Association of Administrative Law Judiciary
This article examines the historical pattern of denying immigration in the U.S. on moral and supposedly Christian grounds. Although it is reasonable that no nation is duty-bound to welcome every foreigner and provide the same benefits afforded those with full citizenship, this article contends that a genuinely Christian response demands the biblical core value of hospitality to others. Indeed, xenophobia is the antithesis of hospitality and cannot be supported by a faithful, exegetical interpretation of the Christian Bible. It should be noted that this article does not propose the emergence of an American theocracy; however, hospitality-based dialogue and humanitarian principles …
The Heart Of The Matter: Icwa And The Future Of Native American Child Welfare, Amelia Tidwell
The Heart Of The Matter: Icwa And The Future Of Native American Child Welfare, Amelia Tidwell
Journal of the National Association of Administrative Law Judiciary
The United States has a long and tragic history of removing Native American children from their homes and culture at shocking rates. Congress passed the Indian Child Welfare Act (ICWA) in 1978 in response to that crisis and many states have bolstered the Act with state legislation and tribal-state agreements, but racial disparities are still present in the child welfare system today. Some states with low Native American populations joined non-Native American prospective adoptive parents in a constitutional challenge of ICWA, and hundreds of supporters (tribes, organizations, and states) poured out support for the Act. The Supreme Court heard the …
The Immigration Court System: Unconstitutionality At The Hands Of The Executive To Push Nativism, Chloe Wigul
The Immigration Court System: Unconstitutionality At The Hands Of The Executive To Push Nativism, Chloe Wigul
Journal of the National Association of Administrative Law Judiciary
The United States’ immigration court system is located within the U.S. Department of Justice’s Executive Office for Immigration Review and operated under the power of the attorney general. Consequently, the attorney general can review and overrule decisions made by the Board of Immigration Appeals, the immigration appellate body. If the attorney general uses this authority, his decision cannot be reconsidered, and his opinion becomes precedent. Immigration courts are unique in that no other court system is located within or controlled by the executive branch. Focusing on key historical eras, this Comment compares the development of immigration law and policy with …
Cryptocurrency: Regulate Or Facilitate? How States' Approaches To Cryptocurrency Can Be Applied On A Federal Level, Kelly Mahoney
Cryptocurrency: Regulate Or Facilitate? How States' Approaches To Cryptocurrency Can Be Applied On A Federal Level, Kelly Mahoney
Journal of the National Association of Administrative Law Judiciary
Within the past two years, the cryptocurrency market exceeded a record $2 trillion. As of November 2021, there are seventy-five million Bitcoin (a type of cryptocurrency) users and counting. Many states have implemented regulations and policies in response to this massive growth of the crypto market. While some states like Wyoming and Texas welcome cryptocurrency other states, such as New York and Washington, are more apprehensive and seek to constrain cryptocurrency due to its volatility and novelty. In contrast, federal agencies are still debating on how to address cryptocurrency, and glimpses of federal regulation can be seen through the 2021 …
All Cases Matter: Mitigating Bias In The Administrative Law Judiciary, Cherron Payne
All Cases Matter: Mitigating Bias In The Administrative Law Judiciary, Cherron Payne
Journal of the National Association of Administrative Law Judiciary
After an introduction and explanation of bias in Part I, Part II of this article explores the issue of bias and the underlying factors that configure bias, such as attitude, stereotype, and prejudice. Part II also examines the two principal types of bias, explicit bias and implicit bias, and defines common subsets of bias, such as gender bias. Part III presents implicit bias as an unconscious, utilitarian, and neuroscientific mechanism. Part III examines the neuroscience of decision-making and the neural structures that influence and regulate decision-making processes. Part III also discusses emotion as an underpinning to decision-making and the role …
Table Of Contents, Curtis Crawford
Table Of Contents, Curtis Crawford
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
Complying With New And Existing Biometric Data Privacy Laws, Ariel Latzer
Complying With New And Existing Biometric Data Privacy Laws, Ariel Latzer
The Journal of Business, Entrepreneurship & the Law
After providing an overview of the history behind biometric information, this article will discuss the Illinois Biometric Privacy Act (BIPA)—which laid the foundation for biometric privacy regulations in the United States—and then discuss the California Consumer Privacy Act (CCPA) and its amendments in the California Privacy Rights Act (CPRA). It will also briefly touch on biometric information regulations in other states and then delve into how some notable companies are currently using individuals’ biometric information to give readers a general idea of what is happening to their personal information and highlight areas businesses should take note of in order to …
Convenient For Who? Apportioning State Income Taxes In The Context Of Remote Work, Brandon Smith
Convenient For Who? Apportioning State Income Taxes In The Context Of Remote Work, Brandon Smith
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
Higher Altitudes And Higher Standards: Advocating The Fcc Require Environmental Assessments For Mega- Constellations, John Latson
Higher Altitudes And Higher Standards: Advocating The Fcc Require Environmental Assessments For Mega- Constellations, John Latson
The Journal of Business, Entrepreneurship & the Law
This article will explore why the FCC’s current regime on categorical exclusions is ill-prepared for the developing mega-constellation industry, why the regime should be revised to require that companies launching mega-constellations file an Environmental Assessment (EA) as defined in the National Environmental Policy Act, and how such a change might fiscally impact these companies. Part II of this article will explore the National Environmental Policy Act, discussing the purpose of the Act and the goals Congress sought to accomplish. Part III will consider the FCC’s policy on categorical exclusions and EAs, with a comparison of how some other federal agencies …
Who Owns Your Name? The Trend And Economic Impact Of Personal Trademarks In The Ncaa Nil Aftermath, Daniel Foster
Who Owns Your Name? The Trend And Economic Impact Of Personal Trademarks In The Ncaa Nil Aftermath, Daniel Foster
The Journal of Business, Entrepreneurship & the Law
To aid in understanding the prevalence of personal athlete logos and the trend of ownership and design, Section II will outline the history of this area of trademark law in the United States. It will provide background on the theory of trademark ownership and the development of this intellectual property discipline in the athletic and celebrity sphere. Section II will look at the two common and distinct processes, a company-designed logo versus an athlete-designed logo, and the modern trends in this area. Moving on from this historical discussion, Section III will examine the 2021 decision of NCAA v. Alston, the …
Severity Under Scrutiny: The U.S. Supreme Court Battle Over The Fbar Penalty, Beckett Cantley, Geoffrey Dietrich
Severity Under Scrutiny: The U.S. Supreme Court Battle Over The Fbar Penalty, Beckett Cantley, Geoffrey Dietrich
The Journal of Business, Entrepreneurship & the Law
In recent years, Congress strengthened federal regulation of foreign bank accounts held by United States citizens. In 1970, Congress passed the Bank Secrecy Act (BSA), requiring U.S. citizens to report their foreign bank accounts using a form called the Foreign Bank Account Report, or “FBAR.” However, the Treasury Department rarely enforced this requirement. After the Patriot Act’s passage came the Bank Secrecy Act 2004 amendment, allowing the Treasury Department to delegate enforcement of U.S. foreign bank account reporting to the Internal Revenue Service (IRS) through the FBAR. The amendment’s major change to the law concerned new penalties for non-willful FBAR …
Choreography And Copyright: Why The Law Must Twist And Turn To Serve The Dancing Industry, Gabrielle Mix
Choreography And Copyright: Why The Law Must Twist And Turn To Serve The Dancing Industry, Gabrielle Mix
The Journal of Business, Entrepreneurship & the Law
With so many hurdles to jump over for choreographers to earn simple rights, it is time to re-evaluate the process of copyright protection for dance. In part A, this comment will discuss the history of copyright law and choreography. Part B will analyze the requirements copyright has placed on choreography and the struggles courts face in applying them. Part C will discuss the spread of online choreography and the difficulties these choreographers face regarding copyright protection. Part D will discuss additional reasons why choreographers are not seeking copyright protection. Part E will discuss the barriers choreographers face in proving infringement, …
One Buffalo In Texas: Legal And Ethical Issues In Native American Gaming Operations, Tammy W. Cowart
One Buffalo In Texas: Legal And Ethical Issues In Native American Gaming Operations, Tammy W. Cowart
The Journal of Business, Entrepreneurship & the Law
There are three federally recognized Native American tribes in Texas: the Alabama-Coushatta, the Ysleta del Sur Pueblo, and the Texas band of Oklahoma Kickapoo. The Kickapoo tribe is the only one allowed to operate a gaming center within the state of Texas, due solely to a federal law that the federal government passed thirty years ago. The Alabama-Coushatta and Ysleta del Sur Pueblo tribes are some of the only tribes prohibited from operating gaming operations under the Indian Gaming Regulatory Act. The result is detrimental to these tribes and the Texas economy. This paper will examine the history of the …
Disrupting The Narrative: Diving Deeper Into Section 230 Political Discourse, Koustubh “K.J.” Bagchi, Elizabeth Banker, Ife Ogunleye
Disrupting The Narrative: Diving Deeper Into Section 230 Political Discourse, Koustubh “K.J.” Bagchi, Elizabeth Banker, Ife Ogunleye
Pepperdine Law Review
Online spaces have undoubtedly played a significant role in facilitating discourse and the exchange of information. With this increased discourse, however, digital platforms have also seen a rise in harmful or problematic content shared online––including health misinformation, hate speech, and child sex abuse material, among others. Many commentators have put the blame for this trend on Section 230, arguing that Section 230 has enabled the spread of harmful content and suggesting that Section 230 ought to be amended or replaced. This Essay, by contrast, argues that the current narrative about Section 230 gets it wrong. In reality, Section 230 has …
The Pathway Forward: Uncovering The Barriers Faced By Women Police Chiefs, Michael Llamas, Amor Roma, Tianshi Hao, Wendy Perkinson, Kayleigh Axtell, Anshu Lal, Jesse Llamas
The Pathway Forward: Uncovering The Barriers Faced By Women Police Chiefs, Michael Llamas, Amor Roma, Tianshi Hao, Wendy Perkinson, Kayleigh Axtell, Anshu Lal, Jesse Llamas
The Scholarship Without Borders Journal
Women have encountered many obstacles in their quest to gain leadership in law enforcement. While research has studied how well women officers strive to achieve higher-level positions within police departments, the challenges women face when they gain top leadership roles remain largely unexplored. This research paper will discuss the unique challenges faced by women police chiefs, drawing from first-hand experiences of women police chiefs and existing literature. The study finds that women police chiefs encounter challenges in communication, transferring to a new department, overtasking, introvertedness, and general police chief stress. The study also finds that women police chiefs implement ways …
Subject-Matter Coursework Vs. Subject-Matter Exams (A Situational Analysis), Dennis Douglass
Subject-Matter Coursework Vs. Subject-Matter Exams (A Situational Analysis), Dennis Douglass
The Scholarship Without Borders Journal
Year after year, the Commission on Teacher Credentialing receives a significant number of applicants from those who want to teach in the State of California. Focusing on one of the critical concerns of low student performance and academic achievement begins with identifying potential problems within the education system, such as a lack of quality or best-fit educators in California. Becoming a teacher in the State of California has demonstrated many areas where the credentialing criterion may contain the answers to achieving higher standards and expectations from our youths in California. Incorporating subject-matter exams onto the list of teacher credentialing criteria …
Table Of Contents & Masthead, Patrick Babajanian
Table Of Contents & Masthead, Patrick Babajanian
Pepperdine Dispute Resolution Law Journal
No abstract provided.
The Use Of Arbitration Clauses By Social Media Websites: A Critique, Kavya Jha, Ananya Singh
The Use Of Arbitration Clauses By Social Media Websites: A Critique, Kavya Jha, Ananya Singh
Pepperdine Dispute Resolution Law Journal
The arbitration clauses contained in the Terms of Services (ToS) of most social media websites mandate arbitration and the waiver of class arbitration.1 In light of this reality, this article seeks to analyze the legal position with respect to mandatory arbitration and class arbitration waiver in the United States, India, and European Union (EU). It compares and juxtaposes the respective positions in these three jurisdictions to find that whereas the United States has been pro-arbitration to the extent of being detrimental to consumer interest, India has adopted an overly protectionist approach, while the EU has adopted an effective model to …
Is There A Role For Conflict Photography In Conflict Resolution? It's Complicated, Joseph Clift
Is There A Role For Conflict Photography In Conflict Resolution? It's Complicated, Joseph Clift
Pepperdine Dispute Resolution Law Journal
In this essay, I argue that conflict photography has an important and useful role in conflict understanding and resolution. While conflict images’ usefulness has been debated, I argue that its importance has not. I start with a description of conflict photography and then provide a short historical account of the camera and its use in documenting conflicts. Next, I discuss conflict resolution and present examples of conflict resolution strategies. I then present evidence of how conflict photography can be a useful tool to support some of those strategies. Afterwards, I discuss the complicated nature of conflict photography’s usefulness. I conclude …
St(D)Reaming Resolution: Crowd-Based Stepped Online Dispute Resolution For Professional Gamers, Vtubers & Streamers, Benjamin Davies
St(D)Reaming Resolution: Crowd-Based Stepped Online Dispute Resolution For Professional Gamers, Vtubers & Streamers, Benjamin Davies
Pepperdine Dispute Resolution Law Journal
This paper proposes and creates a novel method to resolve disputes between content creators, Vtubers, Professional Gamers, and streamers by utilizing a crowd based stepped dispute resolution system upheld and voted on by viewers, shareholders, and the streaming company: Twitch or YouTube. To reach this goal, the proposal will include comparisons to the current dispute resolution system used by Twitch and YouTube; a proposed online dispute resolution system; diagrams of the proposal; key performance indexes (KPI’s); utilization of arbitral analytics with artificial intelligence to create a fair and balanced resolution system; and some predictions on the future of the industry …
Commercial Mediation In Mainland China: Pitfalls & Opportunities, Meng Chen
Commercial Mediation In Mainland China: Pitfalls & Opportunities, Meng Chen
Pepperdine Dispute Resolution Law Journal
This article offers insight into the practice of Chinese mediation, especially in resolving commercial disputes, considering the United Nations Convention on International Settlement Agreements Resulting from Mediation (the Singapore Convention) entered into force on September 12, 2020. First, this article evaluates the attractiveness, vulnerabilities, and popularity of mediation as a means of dispute resolution. The article then introduces the Chinese model of using mediation to resolve commercial disputes, specifically in judicial and arbitral proceedings. Based on empirical data and rules analysis, this article concludes with the benefits of using mediation in China to resolve disputes and exposes a discrepancy between …
Managing Multiplicity: Consolidating Parallel Arbitration Proceedings For Renewal Energy Disputes, Francesca Pinto
Managing Multiplicity: Consolidating Parallel Arbitration Proceedings For Renewal Energy Disputes, Francesca Pinto
Pepperdine Dispute Resolution Law Journal
The United Nations Commission on International Trade Law (UNCITRAL) Arbitration Rules, considered the most widely used set of ad hoc rules in international arbitration, do not contain any provisions on consolidating parallel proceedings. Considering the complex, multiparty, and multiple-contract nature of renewable energy investment and development, the UNCITRAL Arbitration Rules should implement consolidation provisions that explicitly address consolidation for related arbitration proceedings and—in some circumstances—enforce consolidation regardless of whether all parties consent. Part II of this article provides an overview of transactions related to the investment, development, and operation of renewable energy projects. Part III identifies the risks of parallel …
Arbitration—From Sacred Cow To Golden Calf: Three Phases In The History Of The Federal Arbitration Act, Katherine V.W. Stone
Arbitration—From Sacred Cow To Golden Calf: Three Phases In The History Of The Federal Arbitration Act, Katherine V.W. Stone
Pepperdine Dispute Resolution Law Journal
For the past twenty-five years, without much fanfare, arbitration law has remade the civil justice system in the United States. As now interpreted, the Federal Arbitration Act (the ‘FAA’) requires millions of consumers, workers, homeowners, credit card holders, rental car uses, hospital patients, and other ordinary people to forgo use of the courts to vindicate important rights. One development that has garnered particular attention is the tendency of corporations to include class action waivers in arbitration agreements, thereby preventing consumers and employees from aggregating small claims and litigating on a collective basis. While arbitration has become ubiquitous, it has also …