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Articles 1 - 30 of 52
Full-Text Articles in Legal History
A First Amendment Right Of Access To A Juror's Identity: Toward A Fuller Understanding Of The Jury's Deliberative Process , Robert Lloyd Raskopf
A First Amendment Right Of Access To A Juror's Identity: Toward A Fuller Understanding Of The Jury's Deliberative Process , Robert Lloyd Raskopf
Pepperdine Law Review
No abstract provided.
The Offender And The Victim, Edward Tromanhauser
The Offender And The Victim, Edward Tromanhauser
Pepperdine Law Review
No abstract provided.
Emerging Issues In Victim Assistance, Marlene A. Young
Emerging Issues In Victim Assistance, Marlene A. Young
Pepperdine Law Review
No abstract provided.
Crime Victims' Rights -- A Legislative Perspective, William Van Regenmorter
Crime Victims' Rights -- A Legislative Perspective, William Van Regenmorter
Pepperdine Law Review
No abstract provided.
Progress In The Victim Reform Movement: No Longer The "Forgotten Victim", David L. Roland
Progress In The Victim Reform Movement: No Longer The "Forgotten Victim", David L. Roland
Pepperdine Law Review
No abstract provided.
Victims' Rights: An Idea Whose Time Has Come--Five Years Later: The Maturing Of An Idea, Frank Carrington, George Nicholson
Victims' Rights: An Idea Whose Time Has Come--Five Years Later: The Maturing Of An Idea, Frank Carrington, George Nicholson
Pepperdine Law Review
No abstract provided.
The Elevation Of Victims' Rights In Washington State: Constitutional Status, Ken Eikenberry
The Elevation Of Victims' Rights In Washington State: Constitutional Status, Ken Eikenberry
Pepperdine Law Review
No abstract provided.
Introduction, Ronald F. Phillips
Ethics In Legal Education: An Augmentation Of Legal Realism, Gerald R. Ferrera
Ethics In Legal Education: An Augmentation Of Legal Realism, Gerald R. Ferrera
Pepperdine Law Review
No abstract provided.
The Line-Item Veto: The Best Response When Congress Passes One Spending “Bill” A Year, L. Gordon Crovitz
The Line-Item Veto: The Best Response When Congress Passes One Spending “Bill” A Year, L. Gordon Crovitz
Pepperdine Law Review
No abstract provided.
Montesquieu's Theory Of Government And The Framing Of The American Constitution , Matthew P. Bergman
Montesquieu's Theory Of Government And The Framing Of The American Constitution , Matthew P. Bergman
Pepperdine Law Review
No abstract provided.
Milking The New Sacred Cow: The Supreme Court Limits The Peremptory Challenge On Racial Grounds In Powers V. Ohio And Edmonson V. Leesville Concrete Co., Bradley R. Kirk
Milking The New Sacred Cow: The Supreme Court Limits The Peremptory Challenge On Racial Grounds In Powers V. Ohio And Edmonson V. Leesville Concrete Co., Bradley R. Kirk
Pepperdine Law Review
No abstract provided.
Images Of Men In Feminist Legal Theory , Brian Bendig
Images Of Men In Feminist Legal Theory , Brian Bendig
Pepperdine Law Review
No abstract provided.
Separation Of Powers Doctrine On The Modern Supreme Court And Four Doctrinal Approaches To Judicial Decision-Making, R. Randall Kelso
Separation Of Powers Doctrine On The Modern Supreme Court And Four Doctrinal Approaches To Judicial Decision-Making, R. Randall Kelso
Pepperdine Law Review
No abstract provided.
Statutory Interpretation Doctrine On The Modern Supreme Court And Four Doctrinal Approaches To Judicial Decision-Making , R. Randall Kelso
Statutory Interpretation Doctrine On The Modern Supreme Court And Four Doctrinal Approaches To Judicial Decision-Making , R. Randall Kelso
Pepperdine Law Review
No abstract provided.
Mr. Justice Brandeis And The Art Of Judicial Dissent, Melvin I. Urofsky
Mr. Justice Brandeis And The Art Of Judicial Dissent, Melvin I. Urofsky
Pepperdine Law Review
No abstract provided.
Putting Buck V. Bell In Scientific And Historical Context: A Response To Victoria Nourse , Edward J. Larson
Putting Buck V. Bell In Scientific And Historical Context: A Response To Victoria Nourse , Edward J. Larson
Pepperdine Law Review
In this article written for a law-review symposium in response to a presentation on the infamous 1927 U.S. Supreme Court opinion in Buck v. Bell, Edward J. Larson argues that, at the time that the case was decided, eugenics was on the incline, not the decline. In the 1920s, the American scientific and medical community broadly backed eugenic remedies for various forms of mental illness and retardation. Legislatures, lawyers, and jurists took their cue from this scientific and medical consensus. Absent any question that the statute at issue in Buck v. Bell was validly passed by the Virginia legislature or …
A Reluctant Apology For Plessy: A Response To Akhil Amar, Barry P. Mcdonald
A Reluctant Apology For Plessy: A Response To Akhil Amar, Barry P. Mcdonald
Pepperdine Law Review
A response to the article "Plessy v. Ferguson and the Anti-Canon," by Akhil Amar, published in the November 2011 issue of the "Pepperdine Law Review," is presented. Topics include an examination of Justice Henry Billings Brown's decision in the case, the constitutionality of segregating U.S. citizens by race, and the impact of public opinion on U.S. Supreme Court decisions.
Plessy V. Ferguson And The Anti-Canon, Akhil Reed Amar
Plessy V. Ferguson And The Anti-Canon, Akhil Reed Amar
Pepperdine Law Review
The article focuses on the U.S. Supreme Court case Plessy v. Ferguson, which dealt with the constitutionality of racial segregation in the U.S. Topics include the application of precedent in controversial U.S. Supreme Court cases, when the U.S. Constitution can overrule a court decision, and dissenting judicial opinions.
Coming To Terms With Dred Scott: A Response To Daniel A. Farber, Paul Finkelman
Coming To Terms With Dred Scott: A Response To Daniel A. Farber, Paul Finkelman
Pepperdine Law Review
When thinking about Dred Scott, the issue is not how do we “rehabilitate” the opinion. The goal of scholarship here is to understand the opinion, place it in the context of its own time, and explain its enduring significance. After that, we may praise or damn it, and rehabilitate it or condemn it. No one today likes the Dred Scott opinion or the result. But, this article argues that Professor Daniel A. Farber is so incensed by the opinion that he vastly overstates its historical significance including incorrectly blaming Chief Justice Taney for causing the Civil War. This article rejects …
Forgotten Supreme Court Abortion Cases: Drs. Hawker & Hurwitz In The Dock & Defrocked, Roy Lucas
Forgotten Supreme Court Abortion Cases: Drs. Hawker & Hurwitz In The Dock & Defrocked, Roy Lucas
Pepperdine Law Review
No abstract provided.
Tortured History: Finding Our Way Back To The Lost Origins Of The Eighth Amendment, Celia Rumann
Tortured History: Finding Our Way Back To The Lost Origins Of The Eighth Amendment, Celia Rumann
Pepperdine Law Review
No abstract provided.
The Philosophical Underpinning And General Workings Of Chinese Mediation Systems: What Lessons Can American Mediators Learn?, Kevin C. Clark
The Philosophical Underpinning And General Workings Of Chinese Mediation Systems: What Lessons Can American Mediators Learn?, Kevin C. Clark
Pepperdine Dispute Resolution Law Journal
Of the various ADR processes available to the disputant seeking ADR, mediation has arguably become the "process choice of today" because -it is a very dynamic, user-friendly process" with a high success rate. Despite its recent successes, however, mediation is not a modern creation. It has been used for centuries in places all around the world. One of these places is China. This article introduces the reader to the philosophical underpinnings of the Chinese legal system as it relates to mediation and the general workings of the Chinese mediation model. It is the author's thesis that as western nations enthusiastically …
Public Sector Dispute Resolution In Local Governments: Lessons From The Scag Project , Alana Knaster, Gregory L. Ogden, Peter Robinson
Public Sector Dispute Resolution In Local Governments: Lessons From The Scag Project , Alana Knaster, Gregory L. Ogden, Peter Robinson
Pepperdine Dispute Resolution Law Journal
This article seeks to share lessons from an ongoing six-year project to overcome the barriers to the use of facilitation and mediation (ADR) processes for addressing regional and interjurisdictional planning disputes throughout Southern California. The participants in this effort originally assumed that the successful use of mediation in high profile disputes would lead to greater acceptance of ADR processes by governmental officials. After several failed attempts, project leaders concluded that it would be appropriate to refocus the original methodology and strategy for promoting the use of ADR. The new strategy focuses on the establishment of mediation services for community-based disputes …
Making Peace The Old Fashioned Way: Infusing Traditional Tribal Practices Into Modern Adr , Matt Arbaugh
Making Peace The Old Fashioned Way: Infusing Traditional Tribal Practices Into Modern Adr , Matt Arbaugh
Pepperdine Dispute Resolution Law Journal
Native Americans have their own unique traditional method of resolving disputes. Their processes, called peacemaking by some tribes, place the emphasis not on the guilt of the wrongdoer, but on restoring relationships and finding a solution that is amenable to all involved. This emphasis on saving the relationship has many similarities to current practices of mediation. Among the similar goals between mediation and peacemaking are the use of ADR allows both sides to reach a better conclusion and the desire to spend less money and to satisfy more people. However, this approach has critics who see it as another attempt …
When Does Familiarity Breed Content? A Study Of The Role Of Different Forms Of Adr Education And Experience In Attorneys' Adr Recommendations , Roselle L. Wissler
When Does Familiarity Breed Content? A Study Of The Role Of Different Forms Of Adr Education And Experience In Attorneys' Adr Recommendations , Roselle L. Wissler
Pepperdine Dispute Resolution Law Journal
This article first reviews proposed explanations for and solutions to the low rate of voluntary ADR use, as well as related empirical research. The article then reports the findings of a study that involved a survey of attorneys regarding their ADR education, experience with ADR as counsel or as a third-party neutral, and advice to clients about ADR. This study found that attorneys' direct experience with ADR, especially in their role as counsel but also as a neutral, was strongly related to whether they recommended ADR to clients. In contrast, ADR education had little or no relationship with attorneys' ADR …
Arbitration And Judicial Civil Justice: An American Historical Review And A Proposal For A Private/Arbitral And Public/Judicial Partnership , Roger S. Haydock, Jennifer D. Henderson
Arbitration And Judicial Civil Justice: An American Historical Review And A Proposal For A Private/Arbitral And Public/Judicial Partnership , Roger S. Haydock, Jennifer D. Henderson
Pepperdine Dispute Resolution Law Journal
Dispute resolution systems historically have included three primary forums: the judicial process, administrative procedures, and the arbitral system. This article focuses on the modem and rapidly expanding third system - that of arbitration. The goal of everyone interested in maintaining a fair, accessible, and affordable civil justice system is to monitor, shape, and maintain arbitration as a fair, accessible, and affordable system. The purpose of this article is to provide information and ideas which will help make that goal a success. The first part of this article explains the historical development of arbitration in this country prior to and under …
Substituting Mediation For Arbitration: The Growing Market For Evaluative Mediation, And What It Means For The Adr Field , Robert A. Baruch Bush
Substituting Mediation For Arbitration: The Growing Market For Evaluative Mediation, And What It Means For The Adr Field , Robert A. Baruch Bush
Pepperdine Dispute Resolution Law Journal
The past decade has seen significant expansion in the acceptance and use of mediation as a process for handling disputes. Indeed, old hands in the ADR field observe that mediation has begun to replace arbitration as the "process of choice" in the ADR (Alternative Dispute Resolution) "market," including institutional users like courts and major private consumers of ADR like businesses. All this is seen by some as part of the "mainstreaming" of mediation discussed by Joseph Folger's lead article in this Symposium. The primary question examined in this essay is: How do we best understand and interpret this development in …
Clarifying The Theoretical Underpinnings Of Mediation: Implications For Practice And Policy , Dorothy J. Della Noce, Robert A. Baruch Bush, Joseph P. Folger
Clarifying The Theoretical Underpinnings Of Mediation: Implications For Practice And Policy , Dorothy J. Della Noce, Robert A. Baruch Bush, Joseph P. Folger
Pepperdine Dispute Resolution Law Journal
In this article we examine developments in explaining and understanding "the when and why" of mediation practice - from the "lay theories" that have informed much of the field, to Bush and Folger's articulation of three distinct and coherent ideologically based theoretical frameworks: the problemsolving framework, the harmony framework, and the transformative framework. We then trace the development of the transformative framework since its articulation in 1994, and share the insights we have gained along the way regarding the impact of increasing theoretical clarity and differentiation in the mediation field. We conclude with a discussion of the implications of ideologically …
Changing The Quality Of Conflict Interaction: The Principles And Practice Of Transformative Mediation , Robert A. Baruch Bush, Sally Ganong Pope
Changing The Quality Of Conflict Interaction: The Principles And Practice Of Transformative Mediation , Robert A. Baruch Bush, Sally Ganong Pope
Pepperdine Dispute Resolution Law Journal
Many practitioners now identify themselves as transformative mediators, who practice from the transformative perspective in some or all of their work. This article explains the unique character of transformative mediation by offering answers to three basic questions: Why is transformative mediation being sought and used by parties in conflict? What is the basic nature of the mediation process, especially the mediator's role, according to this model? How does a mediator work with the parties in transformative mediation? Answering these three questions why, what and how-will provide the reader a good overview of the transformative model in theory and practice. We …