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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 Oct 2022

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 Feb 2022

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 Aug 2021

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 …


Lis Pendens And Procedural Due Process, William B. Hanley May 2013

Lis Pendens And Procedural Due Process, William B. Hanley

Pepperdine Law Review

No abstract provided.


Steed V. Imperial Airlines, Clay Plotkin May 2013

Steed V. Imperial Airlines, Clay Plotkin

Pepperdine Law Review

No abstract provided.


Equal Protection For Illegitimate Children In State Welfare Programs, Phillip North May 2013

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 May 2013

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 May 2013

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. May 2013

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 May 2013

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 May 2013

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 May 2013

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 May 2013

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 May 2013

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 May 2013

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 May 2013

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 May 2013

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 May 2013

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 May 2013

Procedural Due Process In The Discipline Of Incarcerated Juveniles, Allen F. Breed, Paul H. Voss

Pepperdine Law Review

No abstract provided.


From Goss To Bishop: The Demise Of The Entitlement Doctrine, Scott H. Racine, Stephen J. Spinello May 2013

From Goss To Bishop: The Demise Of The Entitlement Doctrine, Scott H. Racine, Stephen J. Spinello

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 May 2013

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.


Equal Protection For Unmarried Cohabitors: An Insider's Look At Marvin V. Marvin , Marvin M. Mitchelson, William J. Glucksman May 2013

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.


Juvenile Justice And The Equal Protection Clause: First Class, Tourist, Or Luxury Coach, James M. Mcgoldrick Feb 2013

Juvenile Justice And The Equal Protection Clause: First Class, Tourist, Or Luxury Coach, James M. Mcgoldrick

Pepperdine Law Review

No abstract provided.


First Bank Of Boston V. Bellottii, Corporations Right To Political Speech, Paul J. Zwier Feb 2013

First Bank Of Boston V. Bellottii, Corporations Right To Political Speech, Paul J. Zwier

Pepperdine Law Review

No abstract provided.


The Security For Costs Requirement In California - A Violation Of Procedural Due Process?, Jerel L. Ellington Feb 2013

The Security For Costs Requirement In California - A Violation Of Procedural Due Process?, Jerel L. Ellington

Pepperdine Law Review

No abstract provided.


Mackey V. Montrym: Clarification On A Matter Of Timing , Alan J. Cohen Feb 2013

Mackey V. Montrym: Clarification On A Matter Of Timing , Alan J. Cohen

Pepperdine Law Review

No abstract provided.


Harris V. Mcrae: Whatever Happened To The Roe V. Wade Abortion Right?, Laura Crocker Feb 2013

Harris V. Mcrae: Whatever Happened To The Roe V. Wade Abortion Right?, Laura Crocker

Pepperdine Law Review

The controversial Roe v. Wade decision purportedly removed the abortion controversy from the political arena and set constitutional standards by which questions on the issue could be resolved. The enactment of the Hyde Amendment, a bill which generally forbids the use of Medicaid funds for abortions, was a recent political response to the abortion controversy. However, in the recent case of Harris v. McRae, the Supreme Court upheld the constitutionality of the Hyde Amendment and thus injected the abortion controversy back into the political arena. The author exhaustively examines the abortion controversy from the time of the Roe decision up …


Wengler V. Druggists' Mutual Insurance Company: No More Skirting The Issue Of Sex Discrimination In Workers' Compensation Dependency Statutes, Teresa A. Saggese, Lawson A. Cox Ii Feb 2013

Wengler V. Druggists' Mutual Insurance Company: No More Skirting The Issue Of Sex Discrimination In Workers' Compensation Dependency Statutes, Teresa A. Saggese, Lawson A. Cox Ii

Pepperdine Law Review

No abstract provided.


Rostker V. Goldberg: A Step Backward In Equal Protection, Or A Justifiable Affirmation Of Congressional Power?, Gilbert L. Purcell, Janet Rappaport Feb 2013

Rostker V. Goldberg: A Step Backward In Equal Protection, Or A Justifiable Affirmation Of Congressional Power?, Gilbert L. Purcell, Janet Rappaport

Pepperdine Law Review

The Supreme Court in Rostker v. Goldberg upheld a Congressional decision which excluded women from registration for service in the Armed Forces of the United States. Although the case was brought based upon equal protection grounds, the majority took a separation of powers stance and based its decision upon the fact that the Court has traditionally granted deference to the decisions of Congress in the area of military affairs. The minority opinions disagreed with the majority's analysis and claimed that the central issue in Rostker was not military in nature, but was that Congress' plan to register males only, promoted …


Justice Stevens And The Emerging Law Of Sex Discrimination , John P. Wagner Feb 2013

Justice Stevens And The Emerging Law Of Sex Discrimination , John P. Wagner

Pepperdine Law Review

No abstract provided.