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Articles 1 - 30 of 161
Full-Text Articles in Jurisprudence
The Case For A Liberal Communitarian Jurisprudence, Amitai Etzioni
The Case For A Liberal Communitarian Jurisprudence, Amitai Etzioni
Journal of the National Association of Administrative Law Judiciary
This article seeks to show that courts face difficulties without a principled, constitutional anchoring for the conception of the common good. Courts could divine the common good from the penumbra of the Fourth Amendment in the same way the Supreme Court created a right to privacy. In addition to creating a “common good” constitutional principle, the judicial branch should establish criteria to determine when this principle should take precedence over individual rights expressly preserved in the Constitution.
Pepperdine Caruso School Of Law Legal Summaries, Jessica Linton
Pepperdine Caruso School Of Law Legal Summaries, Jessica Linton
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Pepperdine University School Of Law Legal Summaries, Jessica Linton
Pepperdine University School Of Law Legal Summaries, Jessica Linton
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Jewish Law Perspectives On Judicial Settlement Practice, Shlomo Pill
Jewish Law Perspectives On Judicial Settlement Practice, Shlomo Pill
Pepperdine Dispute Resolution Law Journal
The classic adjudicatory paradigm of opposing attorneys facing off at trial before a judge and jury in order to receive a favorable judgment is an image long past. Increased litigation volume, and the added time and expense of modern litigation has resulted in a rich practice of judges working to broker settlements between litigants in lieu of formal adjudication. Judicial settlement is the subject of much debate, however, and the diverse range of judicial practice in this area reflects the institutional, ethical, and jurisprudential uncertainties we still have regarding the propriety of judges facilitating settlements. This paper offers a new …
Pepperdine University School Of Law Legal Summaries, Matthew Rollin, Kelly Vollmer
Pepperdine University School Of Law Legal Summaries, Matthew Rollin, Kelly Vollmer
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Pepperdine University School Of Law Legal Summaries, Matthew Rollin
Pepperdine University School Of Law Legal Summaries, Matthew Rollin
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Pepperdine University School Of Law Legal Summaries, Analise Nuxoll
Pepperdine University School Of Law Legal Summaries, Analise Nuxoll
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Pepperdine University School Of Law Legal Summaries, Analise Nuxoll
Pepperdine University School Of Law Legal Summaries, Analise Nuxoll
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Pepperdine University School Of Law Legal Summaries, Armando Lopez
Pepperdine University School Of Law Legal Summaries, Armando Lopez
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Pepperdine University School Of Law Legal Summaries, Armando Lopez
Pepperdine University School Of Law Legal Summaries, Armando Lopez
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Pepperdine University School Of Law: Legal Summaries, Jane Seo
Pepperdine University School Of Law: Legal Summaries, Jane Seo
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Pepperdine University School Of Law Legal Summaries, Jee (Jane) Seo
Pepperdine University School Of Law Legal Summaries, Jee (Jane) Seo
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Do Lawyers Matter? The Effect Of Legal Representation In Civil Disputes, Emily S. Taylor Poppe, Jeffrey J. Rachlinski
Do Lawyers Matter? The Effect Of Legal Representation In Civil Disputes, Emily S. Taylor Poppe, Jeffrey J. Rachlinski
Pepperdine Law Review
With declining law school enrollments, rising rates of pro se litigation, increasing competition from international lawyers and other professionals, and disparaging assessments from the Supreme Court, the legal profession is under increasing attack. Recent research suggesting that legal representation does not benefit clients has further fueled an existential anxiety in the profession. Are lawyers needed and do they matter? In this Article, we review the existing empirical research on the effect of legal representation on civil dispute outcomes. Although the pattern of results has complexities, across a wide range of substantive areas of law (housing, governmental benefits, family law, employment …
Pepperdine University School Of Law: Legal Summaries, Blair Castellanos
Pepperdine University School Of Law: Legal Summaries, Blair Castellanos
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The Rise Of The Unilateral Executive, Anna Kitsmarishvili
The Rise Of The Unilateral Executive, Anna Kitsmarishvili
Global Tides
This paper addresses the impact of executive order issuance on the separation of powers among the executive and legislative branches—particularly in the realm of foreign affairs. It concludes that judicial vagueness and avoidance regarding presidential directives has resulted in increased Executive authority. The aggrandizement of presidential powers in foreign affairs is revealed through examples from both the Bush and the Obama Administrations. By reviewing landmark U.S. Supreme Court cases, such as United States v. Curtiss-Wright Corp. (1936) and Youngstown Sheet & Tube Co. v. Sawyer (1952), the paper examines the traditional framework of the Court regarding presidential direct action and …
Hearsay Evidence: Legal Discourse, Circumstantiality, And The Woman In White, Matthew Finley
Hearsay Evidence: Legal Discourse, Circumstantiality, And The Woman In White, Matthew Finley
Global Tides
In Wilkie Collins’s The Woman in White, Walter Hartright begins the narrative by stating that, because “the Law is still … the pre-engaged servant of the long purse,” he has arranged the novel to reveal the truth (5). The author, then, puts the law on trial by engaging the interplay between legal questions of witness credibility and testimonial evidence and their impact on social factors such as class and gender. The law’s emphasis on externality leads the system to privilege the snakelike Fosco over the heroic Walter, Laura, and Marian, signaling the courts' capital offence. Although the novel is …
Pepperdine University School Of Law; Legal Summaries, Nicole Banister
Pepperdine University School Of Law; Legal Summaries, Nicole Banister
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
A Look Back: Developing Indiana Law; Post-Bench Reflections Of An Indiana Supreme Court Justice; Selected Developments In Indiana Administrative Law (1989-2012), Frank Sullivan Jr.
A Look Back: Developing Indiana Law; Post-Bench Reflections Of An Indiana Supreme Court Justice; Selected Developments In Indiana Administrative Law (1989-2012), Frank Sullivan Jr.
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Lost In Translation? The Relevancy Of Kobe Bryant And Aristotle To The Legality Of Modern Warfare, Rachel E. Vanlandingham
Lost In Translation? The Relevancy Of Kobe Bryant And Aristotle To The Legality Of Modern Warfare, Rachel E. Vanlandingham
Pepperdine Law Review
What do Kobe Bryant, Aristotle, and the continuing U.S. response to the terrorist attacks on September 11, 2001, have in common? President Barack Obama told the New Yorker in early 2014, in response to a question regarding the seeming resurgence of al Qaeda in Syria and Iraq, that “[t]he analogy we use around here sometimes, and I think is accurate, is if a jayvee team puts on Lakers uniforms that doesn’t make them Kobe Bryant.” As this example demonstrates, the Obama Administration and others, in reference to the legality of the use of armed force against al Qaeda and similar …
Pepperdine University School Of Law Legal Summaries, Nicole Banister
Pepperdine University School Of Law Legal Summaries, Nicole Banister
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Luck V. Justice: Consent Intervenes, But For Whom?, Jennifer W. Reynolds
Luck V. Justice: Consent Intervenes, But For Whom?, Jennifer W. Reynolds
Pepperdine Dispute Resolution Law Journal
Consent in civil settlements should improve access to and delivery of justice by making luck (chance, contingencies, arbitrariness) less significant in process and outcomes. Consent-based processes and private settlement are supposed to support justice by redistributing decision-making power away from judicial-coercive authorities to the people most affected by the dispute. But consent today has become little more than a pro forma process lever for bypassing regulation, litigation, and other more formal structures. No longer does consent serve as a reliable bulwark against luck distortions and arbitrariness in legal systems. Opening shrink-wrap (consent to arbitrate!), being shunted into compulsory mediation (consent …
Pepperdine University School Of Law Legal Summaries, Hsuan Li
Pepperdine University School Of Law Legal Summaries, Hsuan Li
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
City Of Arlington V. Fcc: Jurisdictional Or Nonjurisdictional, Where To Draw The Line?, Whitney Ruijuan Hao
City Of Arlington V. Fcc: Jurisdictional Or Nonjurisdictional, Where To Draw The Line?, Whitney Ruijuan Hao
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Legal Summaries, Hsuan Li
Legal Summaries, Hsuan Li
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Preserving Home Rule: The Text, Purpose, And Political Theory Of California’S Municipal Affairs Clause, Brett A. Stroud
Preserving Home Rule: The Text, Purpose, And Political Theory Of California’S Municipal Affairs Clause, Brett A. Stroud
Pepperdine Law Review
No abstract provided.
Legal Summaries , Emily Edwards
Legal Summaries , Emily Edwards
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The Unwritten Law And Its Writers, Frederick J. Moreau
The Unwritten Law And Its Writers, Frederick J. Moreau
Pepperdine Law Review
No abstract provided.
Natural Law And The Ninth Amendment, Thomas E. Towe
Natural Law And The Ninth Amendment, Thomas E. Towe
Pepperdine Law Review
No abstract provided.
Louisiana Public Service Commission V. Cheathon: Error Of Alj In Not Citing A Party For Contempt For Failure To Appear At A Hearing, Kevin J. Riley
Louisiana Public Service Commission V. Cheathon: Error Of Alj In Not Citing A Party For Contempt For Failure To Appear At A Hearing, Kevin J. Riley
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
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.