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Articles 1 - 30 of 74
Full-Text Articles in Fourteenth Amendment
The Wages Of Crying Life: What States Must Do To Protect Children After The Fall Of Roe, Leah A. Plunkett, Michael S. Lewis
The Wages Of Crying Life: What States Must Do To Protect Children After The Fall Of Roe, Leah A. Plunkett, Michael S. Lewis
Pepperdine Law Review
In the post-Roe world, can a state rationally claim that the value of human life justifies the imposition of abortion bans but does not demand that a state protect the vulnerable young who are “born human beings”—commonly called “minors” or “children”—and are entitled to protection under a state’s laws? This essay advances the claim that it cannot. This essay asks that those who say they are “Pro-life” in politics and law demonstrate that they protect vulnerable life beyond the abortion context, and that they do so in the most minimal fashion: through a demonstrated commitment to protecting the basic welfare …
Not White Enough, Not Black Enough: Reimagining Affirmative Action Jurisprudence In Law School Admissions Through A Filipino-American Paradigm, Joseph D. G. Castro
Not White Enough, Not Black Enough: Reimagining Affirmative Action Jurisprudence In Law School Admissions Through A Filipino-American Paradigm, Joseph D. G. Castro
Pepperdine Law Review
Writing the majority opinion upholding the use of racial preferences in law school admissions in 2003, Justice Sandra Day O’Connor anticipated that racial preferences would no longer be necessary in twenty-five years. On the contrary, 2021 has seen the astronomic rise of critical race theory, the popularity of race-driven “diversity” initiatives in higher education, and the continued surge of identity politics in the mainstream. So much has been written on affirmative action—what else could this Comment add to the conversation? Analyzing the Court’s application of strict scrutiny through a Filipino- American paradigm, this Comment ultimately concludes that affirmative action in …
Avoiding The Question: The Court's Decision To Leave The Insanity Defense In State Hands In Kahler V. Kansas, Elissa Crowder
Avoiding The Question: The Court's Decision To Leave The Insanity Defense In State Hands In Kahler V. Kansas, Elissa Crowder
Pepperdine Law Review
This Note will further investigate how the Court reached the correct holding that Kansas's statute does not violate the Due Process Clause. Part II gives historical background of the evolution of the insanity defense and its varied application. Part III recounts Kahler's story and the procedural history leading up to this opinion. Part IV analyzes how the majority reached its conclusion and the counterarguments presented by the dissent. Part V concludes by acknowledging this case will add to state freedom in formulating insanity defenses, but that its actual impact is uncertain because the Court avoided answering whether states can eliminate …
Occupational Licensing: Quality Control Or Enterprise Killer? Problems That Arise When People Must Get The Government's Permission To Work, W. Sherman Rogers
Occupational Licensing: Quality Control Or Enterprise Killer? Problems That Arise When People Must Get The Government's Permission To Work, W. Sherman Rogers
The Journal of Business, Entrepreneurship & the Law
This Article is organized into six parts: Part one (the current section) provides the reader with an introduction and overview of the issues that have arisen because of states’ ever-expanding regulation of occupations requiring qualifications and credentials for holding certain jobs. Such qualifications often appear totally unnecessary to one’s ability to safely and competently perform a job. Part two provides background information on the Lochner Era of Supreme Court jurisprudence, the aftermath of the Lochner Era, and a brief history of the issues involved in state occupational licensing requirements. Part three discusses and evaluates recent cases of note—primarily the decisions …
Lis Pendens And Procedural Due Process, William B. Hanley
Lis Pendens And Procedural Due Process, William B. Hanley
Pepperdine Law Review
No abstract provided.
Steed V. Imperial Airlines, Clay Plotkin
Equal Protection For Illegitimate Children In State Welfare Programs, Phillip North
Equal Protection For Illegitimate Children In State Welfare Programs, Phillip North
Pepperdine Law Review
No abstract provided.
Bilingual Welfare Notice Not Required - Guerrero V. Carleson, 9 Cal. 3d 808, 512 P.2d 833, 109 Cal. Rptr. 201 (1973), Mary Beth Diez
Bilingual Welfare Notice Not Required - Guerrero V. Carleson, 9 Cal. 3d 808, 512 P.2d 833, 109 Cal. Rptr. 201 (1973), Mary Beth Diez
Pepperdine Law Review
No abstract provided.
Illegitimate Children And Constitutional Review, Clayton W. Plotkin, John Vodonick
Illegitimate Children And Constitutional Review, Clayton W. Plotkin, John Vodonick
Pepperdine Law Review
No abstract provided.
The Constitutional Infirmity Of The California Government Claim Statute, James C. Downing, Nikolai Tehin Jr.
The Constitutional Infirmity Of The California Government Claim Statute, James C. Downing, Nikolai Tehin Jr.
Pepperdine Law Review
No abstract provided.
Void For Vagueness: State Statutes Proscribing Conduct Only For A Juvenile, Edward R. Roybal
Void For Vagueness: State Statutes Proscribing Conduct Only For A Juvenile, Edward R. Roybal
Pepperdine Law Review
No abstract provided.
California Garageman's Liens: Procedural Due Process Restored, Len Carafa
California Garageman's Liens: Procedural Due Process Restored, Len Carafa
Pepperdine Law Review
No abstract provided.
State Recoupment Of The Costs Of Defense Of Indigent Criminal Defendants , Mark M. Horgan
State Recoupment Of The Costs Of Defense Of Indigent Criminal Defendants , Mark M. Horgan
Pepperdine Law Review
No abstract provided.
Johnson V. Superior Court - The Future Of The Grand Jury Indictment In California , Suzanne Haigh
Johnson V. Superior Court - The Future Of The Grand Jury Indictment In California , Suzanne Haigh
Pepperdine Law Review
No abstract provided.
Murguia V. Municipal Court - The Defense Of Discriminatory Prosecution, Jeffrey L. Garland
Murguia V. Municipal Court - The Defense Of Discriminatory Prosecution, Jeffrey L. Garland
Pepperdine Law Review
No abstract provided.
Presentence Custody Time Credit Under California Penal Code Section 2900.5, James D. Robinson
Presentence Custody Time Credit Under California Penal Code Section 2900.5, James D. Robinson
Pepperdine Law Review
No abstract provided.
Massachusetts Board Of Retirement V. Murgia: A Fifty Year Old Policeman And Traditional Equal Protection Analysis: Are They Both Past Their Prime?, William David Evans
Massachusetts Board Of Retirement V. Murgia: A Fifty Year Old Policeman And Traditional Equal Protection Analysis: Are They Both Past Their Prime?, William David Evans
Pepperdine Law Review
No abstract provided.
People V. Olivas: Equalizing The Sentencing Of Youthful Offenders With Adult Maximums, William E. Harris
People V. Olivas: Equalizing The Sentencing Of Youthful Offenders With Adult Maximums, William E. Harris
Pepperdine Law Review
No abstract provided.
Application Of The Abstention Doctrine To Inverse Condemnation Actions In Federal Court , John T. Harris
Application Of The Abstention Doctrine To Inverse Condemnation Actions In Federal Court , John T. Harris
Pepperdine Law Review
No abstract provided.
Procedural Due Process In The Discipline Of Incarcerated Juveniles, Allen F. Breed, Paul H. Voss
Procedural Due Process In The Discipline Of Incarcerated Juveniles, Allen F. Breed, Paul H. Voss
Pepperdine Law Review
No abstract provided.
Moore V. City Of East Cleveland, Ohio: The Emergence Of The Right Of Family Choice In Zoning, Margaret Anne Macfarlane
Moore V. City Of East Cleveland, Ohio: The Emergence Of The Right Of Family Choice In Zoning, Margaret Anne Macfarlane
Pepperdine Law Review
No abstract provided.
From Goss To Bishop: The Demise Of The Entitlement Doctrine, Scott H. Racine, Stephen J. Spinello
From Goss To Bishop: The Demise Of The Entitlement Doctrine, Scott H. Racine, Stephen J. Spinello
Pepperdine Law Review
No abstract provided.
Equal Protection For Unmarried Cohabitors: An Insider's Look At Marvin V. Marvin , Marvin M. Mitchelson, William J. Glucksman
Equal Protection For Unmarried Cohabitors: An Insider's Look At Marvin V. Marvin , Marvin M. Mitchelson, William J. Glucksman
Pepperdine Law Review
No abstract provided.
Striving For Efficiency In Administrative Litigation: North Carolina's Office Of Administrative Hearings, Julian Mann Iii
Striving For Efficiency In Administrative Litigation: North Carolina's Office Of Administrative Hearings, Julian Mann Iii
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The Active Administrative Law Judge: Is There Harm In An Alj Asking?, Allen E. Shoenberger
The Active Administrative Law Judge: Is There Harm In An Alj Asking?, Allen E. Shoenberger
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Security Clearance Review: Employees Of American Industry Vis-A-Vis Civil Servants And Military Members, Robert Robinson Gales
Security Clearance Review: Employees Of American Industry Vis-A-Vis Civil Servants And Military Members, Robert Robinson Gales
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Connecticut Department Of Public Safety V. Doe: The Supreme Court's Clarification Of Whether Sex Offender Registration And Notification Laws Violate Convicted Sex Offenders' Right To Procedural Due Process, Gabriel Baldwin
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Hiv Reporting In California: By Name Or By Number?, Nicole Kamm
Hiv Reporting In California: By Name Or By Number?, Nicole Kamm
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Clark V. Martinez: Striking A Balance Between United States Security And Due Process Rights Of Illegal Immigrants, Michelle Mitsuye Shimasaki
Clark V. Martinez: Striking A Balance Between United States Security And Due Process Rights Of Illegal Immigrants, Michelle Mitsuye Shimasaki
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Practicalities And Peculiarities: The Heightened Due Process Standard For Notice Under Jones V. Flower, Emily Riley
Practicalities And Peculiarities: The Heightened Due Process Standard For Notice Under Jones V. Flower, Emily Riley
Journal of the National Association of Administrative Law Judiciary
No abstract provided.