Motor Vehicles Commons™
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Recent Articles in Motor Vehicles
Safe To Drive? Police Powers Of Search And Seizure In The Vehicular Context, Mark Rucci 
The University of Maine
Safe To Drive? Police Powers Of Search And Seizure In The Vehicular Context, Mark Rucci
Honors College
Since their creation, automobiles have become a central facet of the American culture and psyche. As status symbols and modes of transportation their importance cannot be overstated. Americans love their cars, and the average citizen believes that he or she has legitimate privacy interests in his or her vehicle. But is this the case? For decades, The Court has struggled to balance 4th Amendment privacy rights with effective police procedure, and has thus handed down dozens of rulings on the topic, many of which often seem disparate and contradictory. In the face of such confusion, the Court’s answer has ...
“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
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.
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