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Articles 1 - 30 of 122

Full-Text Articles in Legal History

How Law Employs Historical Narratives: The Great Compromise As An Example, Louis J. Sirico Jr. Apr 2018

How Law Employs Historical Narratives: The Great Compromise As An Example, Louis J. Sirico Jr.

Pepperdine Law Review

Although historians base their interpretations on facts, they often use the same facts to tell a variety of stories. Of the varying stories, which gain acceptance by society and the courts? To explore this question, this Article examines the historiography of the Great Compromise. At the 1787 Constitutional Convention, the deputies debated how to elect members of the House and Senate. Should each state have equal representation or should each state have representation based on its population? The heavily populated states wanted population-based (proportional) representation while the less populated states wanted a one-state-one-vote system. After difficult debates, the Convention, by ...


The Vice Presidency In Five (Sometimes) Easy Pieces, Vikram David Amar Apr 2017

The Vice Presidency In Five (Sometimes) Easy Pieces, Vikram David Amar

Pepperdine Law Review

The public perception of the Vice President is that of an individual with little actual authority, but who has the potential to be thrust into the most powerful office in the world. But the modern Vice President has additional responsibilities that many often forget. Contrary to public perception, the Vice President’s role as President of the Senate carries important Constitutional responsibilities, such as the ability to weigh-in with tie-breaking votes in the Senate or preside over impeachment trials. Though overlooked, these are important and powerful responsibilities. Additionally, the Vice President has assumed the role of Presidential “running mate” and ...


Oh, Vpotus, Where Art Thou? The Constitutional Situs Of The Vice Presidency As Surveyed By A Former Vice Presidential Lawyer, Shannen W. Coffin Apr 2017

Oh, Vpotus, Where Art Thou? The Constitutional Situs Of The Vice Presidency As Surveyed By A Former Vice Presidential Lawyer, Shannen W. Coffin

Pepperdine Law Review

A dispute between a federal oversight authority and the Office of the Vice President (OVP) prompted an unprecedented public discussion regarding the proper location and role of the vice presidency when Dick Cheney’s Chief of Staff challenged an audit of classified information on the grounds that the OVP was not an entity within the Executive Branch. The modern role of the Vice President is generally viewed as advisor and supporter of the President, with all executive authority vested in the President. Conversely, the Vice President presides as President of the Senate, casting tie-breaking votes when necessary. This dual role ...


The Vice Presidency In The Twenty-First Century, Jody C. Baumgartner Apr 2017

The Vice Presidency In The Twenty-First Century, Jody C. Baumgartner

Pepperdine Law Review

The vice presidency has undergone almost revolutionary change since its inception 227 years ago. Conceived as a convenient solution to a problem created by the Electoral College, the Vice President has only two constitutional functions—to serve as a successor to the President and as the President of the Senate. However, over the past sixty years, vice presidents have become increasingly part of and integral to American governance, and the last three (Al Gore, Dick Cheney, and Joe Biden) have been exceptionally active executive actors. What was once an all-but forgotten office is now an essential part of a president ...


The Vice President-More Than An Afterthought?, Richard B. Cheney, Edwin Meese Iii, Douglas W. Kmiec Apr 2017

The Vice President-More Than An Afterthought?, Richard B. Cheney, Edwin Meese Iii, Douglas W. Kmiec

Pepperdine Law Review

A round-table discussion among former U.S. Vice President Richard B. Cheney, Caruso Family Professor of Law and retired U.S. Ambassador Douglas Kmiec, and former U.S. Attorney General Edwin Meese III considered the practical implications of conceiving the Vice President as a legislative officer, an executive officer, or both. It was noted that until the second half of the twentieth century, the Office of the Vice President was conceived as legislative. Funding for the Office appeared in budget lines relating to Congress and physically, the Vice President’s office was in the Capitol. Beginning with Walter Mondale’s ...


A Constitutional Afterthought: The Origins Of The Vice Presidency, 1787 To 1804, Edward J. Larson Apr 2017

A Constitutional Afterthought: The Origins Of The Vice Presidency, 1787 To 1804, Edward J. Larson

Pepperdine Law Review

At the origins of the office, even though the Vice President was, as its first occupant John Adams declared, “only one breath” away from the presidency, the Office of the Vice President was an afterthought of the Constitutional Convention. Never discussed during the first three months of the four-month long Convention, the Committee of Eleven introduced the vice presidency as a byproduct of how it resolved to fix the presidential selection process. Under this process, the Electoral College emerged, with each state assigned the same number of electors as its members in the House of Representatives and Senate. Each elector ...


Failure To Act And The Separation Of Powers-The Vice Presidency And The Need To Surmount Divided Power In Pursuit Of A Workable Government, Douglas W. Kmiec Apr 2017

Failure To Act And The Separation Of Powers-The Vice Presidency And The Need To Surmount Divided Power In Pursuit Of A Workable Government, Douglas W. Kmiec

Pepperdine Law Review

Is the Vice President an executive officer, a legislative officer, or both? This query has existed since the time of the founding. The question poses more difficulty than one might suppose, and it remains unsettled. It can be convenient to ignore questions that one cannot answer, and thus, the Vice President has been the object of political humor and treated as an appendage without present function. Yet, because we attribute great genius to those who drafted the Constitution, what is the effect of leaving this high-ranking officer without adequate definition or purpose? For the first century and a half of ...


The Hearing Examiners And The Administrative Procedure Act, 1937-1960, Joanna L. Grisinger Jun 2014

The Hearing Examiners And The Administrative Procedure Act, 1937-1960, Joanna L. Grisinger

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


The Rapid Rise Of Delayed Notice Searches, And The Fourth Amendment “Rule Requiring Notice”, Jonathan Witmer-Rich Apr 2014

The Rapid Rise Of Delayed Notice Searches, And The Fourth Amendment “Rule Requiring Notice”, Jonathan Witmer-Rich

Pepperdine Law Review

This article documents the rapid rise of covert searching, through delayed notice search warrants, and argues that covert searching in its current form presumptively violates the Fourth Amendment’s “rule requiring notice.” Congress authorized these “sneak and peek” warrants in the USA Patriot Act, in 2001, and soon after added a reporting requirement to monitor this invasive search technique. Since 2001, the use of delayed notice search warrants has risen dramatically, from around 25 in 2002 to 5,601 in 2012, suggesting that “sneak and peek” searches are becoming alarmingly common. In fact, it is not at all clear whether ...


An Introduction: The Richness Of Forgiveness Studies, Policy, And Practice, Calvin William Sharpe Feb 2014

An Introduction: The Richness Of Forgiveness Studies, Policy, And Practice, Calvin William Sharpe

Pepperdine Dispute Resolution Law Journal

The article offers information on the philosophical and scientific examination of the policies and practice of the forgiveness studies in the U.S. It informs about several philosophers who put in their efforts towards effectiveness of the scientific research on forgiveness including Jeffrie Murphy, Jean Hampton, and Everett L. Worthington. It also focuses on various theories of forgiveness.


The Unwritten Law And Its Writers, Frederick J. Moreau May 2013

The Unwritten Law And Its Writers, Frederick J. Moreau

Pepperdine Law Review

No abstract provided.


Judges Under Fire - Alj Independence At Issue, Debra Cassens Moss Apr 2013

Judges Under Fire - Alj Independence At Issue, Debra Cassens Moss

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Administrative Law Judges: Past, Present And Future, John Paul Jones Apr 2013

Administrative Law Judges: Past, Present And Future, John Paul Jones

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Contempt Powers Of The Administrative Law Judge, Joyce Krutick Barlow Apr 2013

Contempt Powers Of The Administrative Law Judge, Joyce Krutick Barlow

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Judicial Deference To Administrative Interpretations Of Law, Antonin Scalia Apr 2013

Judicial Deference To Administrative Interpretations Of Law, Antonin Scalia

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Women Of Color In The Judiciary: An American Dream, Charles Z. Smith Apr 2013

Women Of Color In The Judiciary: An American Dream, Charles Z. Smith

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Florida's Continuing Experiment With The Central Panel Process: The Division Of Administrative Hearings, William R. Dorsey Apr 2013

Florida's Continuing Experiment With The Central Panel Process: The Division Of Administrative Hearings, William R. Dorsey

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Opening The Floodgates Of Decision-Making At The Missouri Administrative Hearing Commission, Daniel R.E. Jordan Apr 2013

Opening The Floodgates Of Decision-Making At The Missouri Administrative Hearing Commission, Daniel R.E. Jordan

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Administrative Adjudication Total Quality Management: The Only Way To Reduce Costs And Delays Without Sacrificing Due Process, Edwin L. Felter Jr Apr 2013

Administrative Adjudication Total Quality Management: The Only Way To Reduce Costs And Delays Without Sacrificing Due Process, Edwin L. Felter Jr

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Federal Court Interpretation Of Attorney's Fees Provision Of Equal Access To Justice Act As It Applies To Hearings Of The United States Department Of Agriculture: United States Department Of Agriculture V. Lane, Tamara Carnovsky Apr 2013

Federal Court Interpretation Of Attorney's Fees Provision Of Equal Access To Justice Act As It Applies To Hearings Of The United States Department Of Agriculture: United States Department Of Agriculture V. Lane, Tamara Carnovsky

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


The Department Of Administrative Hearings For The City Of Chicago: A New Method Of Municipal Code Enforcement,, James M. Reilly, Joseph D. Condo, Matthew W. Beaudet Apr 2013

The Department Of Administrative Hearings For The City Of Chicago: A New Method Of Municipal Code Enforcement,, James M. Reilly, Joseph D. Condo, Matthew W. Beaudet

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Deferential Review Of An Administrative Agency's Decision In Federal District Court: International College Of Surgeons V. City Of Chicago , Karen L. Vinzant Apr 2013

Deferential Review Of An Administrative Agency's Decision In Federal District Court: International College Of Surgeons V. City Of Chicago , Karen L. Vinzant

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Judges In The Executive Branch And Judges In The Judicial Branch: Similar, Yet Distinct, Thomas G. Welshko Apr 2013

Judges In The Executive Branch And Judges In The Judicial Branch: Similar, Yet Distinct, Thomas G. Welshko

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Panel Discussion On Independence And The Federal Alj, Arthur Fried, Ronald G. Bernoski Apr 2013

Panel Discussion On Independence And The Federal Alj, Arthur Fried, Ronald G. Bernoski

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Toward Heightening Impartiality In Social Security Agency Proceedings Involving Administrative Law Judges , Victor G. Rosenblum Apr 2013

Toward Heightening Impartiality In Social Security Agency Proceedings Involving Administrative Law Judges , Victor G. Rosenblum

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Similarities And Differences Between Judges In The Judicial Branch And The Executive Branch: The Further Evolution Of Executive Adjudications Under The Administrative Central Panel, Christopher B. Mcneil Apr 2013

Similarities And Differences Between Judges In The Judicial Branch And The Executive Branch: The Further Evolution Of Executive Adjudications Under The Administrative Central Panel, Christopher B. Mcneil

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Judicial Independence In Administrative, Adjudication: Past, Present, And Future , Ann Marshall Young Apr 2013

Judicial Independence In Administrative, Adjudication: Past, Present, And Future , Ann Marshall Young

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


The Administrative Judiciary: Alj's In Historical Perspective, Michael Asimow Apr 2013

The Administrative Judiciary: Alj's In Historical Perspective, Michael Asimow

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Geier V. American Honda Motor Company, Inc. Has The Supreme Court Extended The Pre-Emption Doctrine Too Far?, Joseph Mulherin Apr 2013

Geier V. American Honda Motor Company, Inc. Has The Supreme Court Extended The Pre-Emption Doctrine Too Far?, Joseph Mulherin

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Not Quite A Civilian, Not Quite A Soldier: How Five Words Could Subject Civilian Contractors In Iraq And Afghanistan To Military Jurisdiction , Katherine Jackson Apr 2013

Not Quite A Civilian, Not Quite A Soldier: How Five Words Could Subject Civilian Contractors In Iraq And Afghanistan To Military Jurisdiction , Katherine Jackson

Journal of the National Association of Administrative Law Judiciary

No abstract provided.