Law Commons^™

Unconstitutional Regulatory Seizures Under The Federal Deposit Insurance Corporation Improvement Act Of 1991: The Final Blow To The Business Of National Banks , Craig Boyd Garner

Pepperdine Law Review

No abstract provided.

Taking The Wind Out Of The Government's Sails?: Forfeitures And Just Compensation, J. Kelly Strader

Pepperdine Law Review

No abstract provided.

Is The United States V. Olin Decision Full Of Sound And Fury Signifying Nothing?: The Future Of Retroactive Liability Of The Comprehensive Environmental Response, Compensation, And Liability Act, Kevin J. Slattum

Pepperdine Law Review

No abstract provided.

The Criminalization Of Maternal Substance Abuse: A Quick Fix To A Complex Problem, Carol Jean Sovinski

Pepperdine Law Review

No abstract provided.

Thurgood Marshall And The Holy Grail—The Due Process Jurisprudence Of A Consummate Jurist, Richard H. W. Maloy

Pepperdine Law Review

No abstract provided.

Chronolawgy: A Study Of Law And Temporal Perception, Brian M. Stewart

University of Miami Law Review

No abstract provided.

The Tsunami Of Legal Uncertainty: What’S A Court To Do Post-Mcdonald, Stacey L. Sobel

Cornell Journal of Law and Public Policy

No abstract provided.

Due Process As Separation Of Powers, Nathan S. Chapman, Michael W. Mcconnell

Scholarly Works

From its conceptual origin in Magna Charta, due process of law has required that government can deprive persons of rights only pursuant to a coordinated effort of separate institutions that make, execute, and adjudicate claims under the law. Originalist debates about whether the Fifth or Fourteenth Amendments were understood to entail modern “substantive due process” have obscured the way that many American lawyers and courts understood due process to limit the legislature from the Revolutionary era through the Civil War. They understood due process to prohibit legislatures from directly depriving persons of rights, especially vested property rights, because it was …

Anyone A Potential Suspect, Anywhere In The World: Why The Counterrorism Provisions In The National Defense Authorization Act Of 2012 Evidence America’S Decision To Make Its Values Subservient To Its Security, James R. Dickinson

James R Dickinson

The National Defense Authorization Act of 2012 [NDAA] grants the executive power to detain terror suspects anywhere in world. Although it is yet unknown how the NDAA’s detention provisions will be interpreted and applied, the fact that Congress passed, and the President signed, a law that can reasonably be interpreted to allow for the indefinite detention of American citizens (captured on U.S. soil) without due process of law evidences a troubling shift away from America’s most sacred values

Kant's Categorical Imperative: An Unspoken Factor In Constitutional Rights Balancing, Donald L. Beschle

Pepperdine Law Review

No abstract provided.

State Limits: Can One State Rule The Country? One State Awarding Punitive Damages For Nationwide Conduct, Heather Burgess

Pepperdine Law Review

No abstract provided.

Asbestos & The Sleeping Constitution, Griffin B. Bell

Pepperdine Law Review

No abstract provided.

Still Unlawful: The Obama Military Commissions, Supreme Court Holdings, And Deviant Dicta In The D.C. Circuit, Jordan J. Paust

Cornell International Law Journal

No abstract provided.

Modern Odysseus Or Classic Fraud - Fourteen Years In Prison For Civil Contempt Without A Jury Trial, Judicial Power Without Limitation, And An Examination Of The Failure Of Due Process, Mitchell J. Frank

University of Miami Law Review

No abstract provided.

Quill By Affiliation, Alexander Smith

University of Miami Law Review

No abstract provided.

Ewing V. California: Upholding California's Three Strikes Law, Robert Clinton Peck

Pepperdine Law Review

No abstract provided.

The Section 5 Power After Tennessee V. Lane, William D. Araiza

Pepperdine Law Review

No abstract provided.

Keeping Faith: The United States Military Enlistment Contract And The Implementation Of Stop-Loss Measures, Hannah Dyer

Pepperdine Law Review

No abstract provided.

Due Process Rights In The Carbon Markets, Lisa Hodes Rosen, Adrienne Bossi

Sustainable Development Law & Policy

No abstract provided.

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

Pepperdine Law Review

No abstract provided.

Given An Inch, The Detainee Effort To Take A Mile: The Detainee Legislation And The Dangers Of The "Litigation Weapon In Unrestrained Enemy Hands", Brian D. Fahy

Pepperdine Law Review

No abstract provided.

United States V. Lopez-Velasquez: What Is A "Reasonable Possibility" Of Apparent Eligibility For Relief From Deportation?, Kristina M. Seil

Golden Gate University Law Review

Modern deportation procedure is circumscribed by regulations intended to guarantee fairness and uniformity. Federal regulations thus mandate that immigration judges inform noncitizens of their eligibility for relief from deportation in an effort to ensure that unrepresented respondents in immigration proceedings make informed decisions.

Unhappily, the U.S. Court of Appeals for the Ninth Circuit has recently limited this regulation-mandated duty to inform. In United States v. Lopez-Velasquez, the Ninth Circuit held that the duty to inform is not triggered when sources outside the Ninth Circuit indicate that relief may be possible because the relevant Ninth Circuit precedent is no longer …

Don't Just Do Something! E-Hearsay, The Present Sense Impression, And The Case For Caution In The Rulemaking Process, Liesa L. Richter

American University Law Review

No abstract provided.

Answer Me Or Go To Jail: Why Court Ordered Polygraph Testing To Treat Probationers Violated The Fifth Amendment, Ashley J. Fausset

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Aiming At The Wrong Target: The "Audience Targeting" Test For Personal Jurisdiction In Internet Defamation Cases, Sarah H. Ludington

Faculty Scholarship

In Young v. New Haven Advocate, 315 F.3d 256 (4th Cir. 2002), the Fourth Circuit crafted a jurisdictional test for Internet defamation that requires the plaintiff to show that the defendant specifically targeted an audience in the forum state for the state to exercise jurisdiction. This test relies on the presumption that the Internet — which is accessible everywhere — is targeted nowhere; it strongly protects foreign libel defendants who have published on the Internet from being sued outside of their home states. Other courts, including the North Carolina Court of Appeals, have since adopted or applied the test. The …

A Political Show Trial In The Northern District: Oberlin-Wellington Fugitive Slave Rescue Case, Paul Finkelman

Faculty Scholarship

This chapter from Justice and Legal Change on the Shores of Lake Erie, examines the first important cases ever heard by the U.S. District Court for the Northern District of Ohio. The cases, known as the Oberlin-Wellington Fugitive Slave Cases -- stemmed out of the rescue of a fugitive slave from the custody of a professional slave catcher. The fugitive was seized in Oberlin, and taken to nearby Wellington, and held in hotel while the slave catchers waiting for a train to take them to Columbus. Meanwhile, a mob -- consisting mostly of Oberlin residents, including many Oberlin College …