Motor Vehicles Commons

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Recent Articles in Motor Vehicles

“Lonesome Road”: Driving Without The Fourth Amendment, Lewis R. Katz Seattle University School of Law

“Lonesome Road”: Driving Without The Fourth Amendment, Lewis R. Katz

Seattle University Law Review

The protections of the Fourth Amendment on the streets and highways of America have been drastically curtailed. This Article traces the debasement of Fourth Amendment protections on the road and how the Fourth Amendment’s core value of preventing arbitrary police behavior has been marginalized. This Article contends that the existence of a traffic offense should not be the end of the inquiry but the first step, and that defendants should be able to challenge the reasonableness even when there is proof of a traffic offense.


Regulation - The Balance Point , W. D. Brewer Pepperdine University

Regulation - The Balance Point , W. D. Brewer

Pepperdine Law Review

No abstract provided.


Internal Revenue Code Section 4061(B), Manufacturers' Excise Tax On Parts And Accessories Of Motor Vehicles, Jerome L. Bleiweis Pepperdine University

Internal Revenue Code Section 4061(B), Manufacturers' Excise Tax On Parts And Accessories Of Motor Vehicles, Jerome L. Bleiweis

Pepperdine Law Review

No abstract provided.


California Garageman's Liens: Procedural Due Process Restored, Len Carafa Pepperdine University

California Garageman's Liens: Procedural Due Process Restored, Len Carafa

Pepperdine Law Review

No abstract provided.


Corporate Homicide: The Stark Realities Of Artificial Beings And Legal Fictions , Douglas S. Anderson Pepperdine University

Corporate Homicide: The Stark Realities Of Artificial Beings And Legal Fictions , Douglas S. Anderson

Pepperdine Law Review

In the aftermath of one of the most highly publicized trials in product liability annals-the celebrated Pinto case-the legal question raised by that litigation remains unresolved. Controversy continues as to whether a corporation should be convicted of homicide when it knowingly markets an unsafe product that results in death. Today the answer is a resounding "no", in light of state statutes defining homicide as the killing of one human being by another, difficulties in finding the requisite criminal intent; and the practical problems of placing a legal fiction behind bars. However, there are recent indications that these present obstacles to ...


Punitive Damages And The Drunken Driver, William C. Cooper Pepperdine University

Punitive Damages And The Drunken Driver, William C. Cooper

Pepperdine Law Review

A discussion of the history and theory of punitive damages which results in advocating their application in a drunk driving context after giving due consideration to the pros and cons of such a sanction. An analysis of case law will reveal the underlying rationale that has motivated certain jurisdictions in applying this severe penal approach in an attempt to deter and curtail the senseless destruction on our nation's highways as well as exploring the impetus behind those other jurisdictions that do not utilize the remedy of punitive damages. The culminating focus is on California's position in this regard ...


New York V. Belton: The Scope Of Warrantless Searches Extended, Glenn D. Forcucci Pepperdine University

New York V. Belton: The Scope Of Warrantless Searches Extended, Glenn D. Forcucci

Pepperdine Law Review

The United States Supreme Court, in New York v. Belton, expanded the area in which a policeman may search after he has made a lawful custodial arrest. In so ruling, the Supreme Court dramatically departed from its previous holding in Chimel v. California. While Chimel limited the area of the search to the area "within the immediate control of the arrestee," Belton allowed a search outside of that established boundary, as the Supreme Court allowed the search to include the passenger compartment of an automobile which the arrestee had not occupied.


Legislative Update: Revisions In The California Drunk Driving Law, A. Randall Farnsworth Pepperdine University

Legislative Update: Revisions In The California Drunk Driving Law, A. Randall Farnsworth

Pepperdine Law Review

No abstract provided.


United States V. Ross: Search And Seizure Made Simple, Donald L. Dalton Pepperdine University

United States V. Ross: Search And Seizure Made Simple, Donald L. Dalton

Pepperdine Law Review

The United States Supreme Court in United States v. Ross vastly simplified the process of searching closed containers found in an automobile during a lawful Carroll search yet, at the same time, placed in question the importance of the search warrant in the scheme of fourth amendment jurisprudence by equating the policeman's determination of probable cause with that of the magistrate.


Under The Influence Of California's New Drunk Driving Law: Is The Drunk Driver's Presumption Of Innocence On The Rocks? , Douglas Caiafa, A. Randall Farnsworth Pepperdine University

Under The Influence Of California's New Drunk Driving Law: Is The Drunk Driver's Presumption Of Innocence On The Rocks? , Douglas Caiafa, A. Randall Farnsworth

Pepperdine Law Review

On January 1, 1982, the new California drunk driving law went into effect. This law makes it a crime to drive a motor vehicle where one's blood alcohol level is .10 or more. The law also marks a legislative attempt to curtail the practice of plea bargaining in drunk driving cases and significantly increases the penalties imposed upon those convicted of drunk driving. This Comment will discuss the provisions of the new drunk driving law and examine its constitutionality.


Air Bag Litigation: Plaintiffs, Start Your Engines, Frank Waters Pepperdine University

Air Bag Litigation: Plaintiffs, Start Your Engines, Frank Waters

Pepperdine Law Review

No abstract provided.


Interpreting The Recently Enacted California Underinsurance Provisions Of The Uninsured Motorist Statute, Linda M. Schmidt Pepperdine University

Interpreting The Recently Enacted California Underinsurance Provisions Of The Uninsured Motorist Statute, Linda M. Schmidt

Pepperdine Law Review

No abstract provided.


Those Speed Cameras Are Everywhere: Automated Speed Monitoring Law, Enforcement, And Physics In Maryland, Steven A. Glazer University of Maryland Francis King Carey School of Law

Those Speed Cameras Are Everywhere: Automated Speed Monitoring Law, Enforcement, And Physics In Maryland, Steven A. Glazer

Journal of Business & Technology Law

No abstract provided.


Federalism And Preemption In October Term 1999, Jonathan D. Varat Pepperdine University

Federalism And Preemption In October Term 1999, Jonathan D. Varat

Pepperdine Law Review

No abstract provided.


The Costs Of Consumer Choice For Auto Insurance In States Without No-Fault Insurance, Jeffrey O'Connell, Stephen Carroll, Michael Horowitz, Allan Abrahamse University of Maryland Francis King Carey School of Law

The Costs Of Consumer Choice For Auto Insurance In States Without No-Fault Insurance, Jeffrey O'Connell, Stephen Carroll, Michael Horowitz, Allan Abrahamse

Maryland Law Review

No abstract provided.


Imputed Contributory Negligence In Automobile Cases - Weber V. Stokely-Van Camp, Inc. University of Maryland Francis King Carey School of Law

Imputed Contributory Negligence In Automobile Cases - Weber V. Stokely-Van Camp, Inc.

Maryland Law Review

No abstract provided.


Bothersome Boulevard's, John W.T. Webb University of Maryland Francis King Carey School of Law

Bothersome Boulevard's, John W.T. Webb

Maryland Law Review

No abstract provided.


Liability Of Principal For Automobile Accident Of Agent On Personal Business - Mider V. United States, David H. Clark University of Maryland Francis King Carey School of Law

Liability Of Principal For Automobile Accident Of Agent On Personal Business - Mider V. United States, David H. Clark

Maryland Law Review

No abstract provided.


Boulevard Rule Overextended? - Eastern Contractors V. State, Berryl A. Speert University of Maryland Francis King Carey School of Law

Boulevard Rule Overextended? - Eastern Contractors V. State, Berryl A. Speert

Maryland Law Review

No abstract provided.


Automobile Driver Cannot Be Held To A Normal Degree Of Care Under Extraordinary Circumstances - Robinson V. Walls, Harry E. Silverwood Jr. University of Maryland Francis King Carey School of Law

Automobile Driver Cannot Be Held To A Normal Degree Of Care Under Extraordinary Circumstances - Robinson V. Walls, Harry E. Silverwood Jr.

Maryland Law Review

No abstract provided.