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Pepperdine Law Review Masthead, Cameron Fraser 2018 Pepperdine University

Pepperdine Law Review Masthead, Cameron Fraser

Pepperdine Law Review

No abstract provided.


There Is No Such Thing As A Child Prostitute: Why Decriminalization Is Only The First Step In California, Edrina Nazaradeh 2018 Pepperdine University

There Is No Such Thing As A Child Prostitute: Why Decriminalization Is Only The First Step In California, Edrina Nazaradeh

Pepperdine Law Review

Prostituted minors are victims of the deceitful schemes of pimps, traffickers, and Johns. While there is widespread agreement that these minors are victims, states have taken different approaches to addressing this heinous crime. Generally, states either prosecute prostituted minors or adopt Safe Harbor laws that grant prostituted minors immunity from prosecution. California joined the majority of states when it passed Senate Bill 1322. Effective January 1, 2017, this bill amended California’s Penal Code to grant children under eighteen years of age immunity from prosecution for prostitution. This Comment argues that Senate Bill 1322 properly amended California law by aligning ...


Economic Protectionism: Irrationally Constitutional, Joshua Park 2018 Pepperdine University

Economic Protectionism: Irrationally Constitutional, Joshua Park

Pepperdine Law Review

The Constitution is built on the principle that all citizens are created equal. Naturally, we believe that no law should be passed solely for the sake of benefiting one group over another. Yet, governments continue to pass economic regulations that have no purpose other than maintaining wealth within a specific group, and the judiciary continues to uphold such regulations. While the judiciary purports to uphold challenged legislation only if it passes “rational basis review,” the term “review” is a misnomer because the analysis has essentially become automatic deference. Under the judiciary’s modern treatment of the Equal Protection Clause, successfully ...


Duty And Disobedience: The Conflict Of Conscience And Compliance In The Trump Era, Keith A. Petty 2018 Pepperdine University

Duty And Disobedience: The Conflict Of Conscience And Compliance In The Trump Era, Keith A. Petty

Pepperdine Law Review

In the first weeks of President Trump’s administration, the Acting Attorney General was fired for ordering the Justice Department not to enforce a controversial Executive Order on immigration. Police departments and corporate boardrooms prepare for deregulation and less oversight, opening the door to more aggressive police tactics and profit seeking, respectively. Military leaders wonder whether they will be ordered to torture suspected terrorists. In each of these situations, individuals must decide whether they will follow their conscience and disobey superiors, or comply with organizational and state policies. This article examines the conflict between conscience and compliance, and draws upon ...


Online And “As Is”, Colin P. Marks 2018 Pepperdine University

Online And “As Is”, Colin P. Marks

Pepperdine Law Review

Online retail is a multi-billion-dollar industry in the United States. Consumers enjoy the ease with which they can browse, click, and order goods from the comfort of their own homes. Though it may come as no surprise to most lawyers, retailers are taking advantage of online transactions by attaching additional terms and conditions that one would not normally find in-store. Some of these conditions are logical limitations on the use of the retailers’ websites, but others go much further, limiting consumers’ rights in ways that would surprise many shoppers. In particular, many online retailers use these terms to limit implied ...


Combating Domestic Violence In Bangladesh: Law, Policy And Other Relevant Considerations, Dr. Zakia Afrin 2018 Golden Gate University School of Law

Combating Domestic Violence In Bangladesh: Law, Policy And Other Relevant Considerations, Dr. Zakia Afrin

Annual Survey of International & Comparative Law

In 2011, an incident involving Professor Rumana Manzur of Dhaka University brought the topic of domestic violence in Bangladesh into main stream discussions. Professor Manzur’s husband of ten years, Hasan Syeed Sumon, had tried to gauge out both of her eyes by using his fingers, bit her nose and left her severely injured while they fought in her father’s residence in Dhaka. This incident shocked the whole country as well as diasporas abroad and forced the society to address the legal and societal loopholes to effectively combat this issue. Bangladesh has displayed an understanding of and respect for ...


Human Rights Abuse And Violations In Nigeria: A Case Study Of The Oil-Producing Communities In The Niger Delta Region, Dr. Ifeanyi I. Onwuazombe 2018 Golden Gate University School of Law

Human Rights Abuse And Violations In Nigeria: A Case Study Of The Oil-Producing Communities In The Niger Delta Region, Dr. Ifeanyi I. Onwuazombe

Annual Survey of International & Comparative Law

Human rights abuses and violations in Nigeria in general and in the oilproducing communities in particular cut across the entire spectrum of rights. The abuses come in different forms and could be direct or indirect. The inhabitants of the Niger Delta region are subjected to regular rights abuses and violations by the state security agents and the oil corporations. The perpetrators of rights violations are hardly or never held accountable or brought to justice due to the myriad of problems besetting the judicial institutions. Besides, there is an apparent lack of trust and confidence in the courts and general apathy ...


Theoretical Underpinnings Of Trust Investment Law: Juxtaposing Nigerian Law With Current Trends In Other Common Law Jurisdictions, Dr. Larry O.C. Chukwu 2018 University of Abuja, Nigeria

Theoretical Underpinnings Of Trust Investment Law: Juxtaposing Nigerian Law With Current Trends In Other Common Law Jurisdictions, Dr. Larry O.C. Chukwu

Annual Survey of International & Comparative Law

Over the centuries, common law jurists and scholars have propounded theories and principles which underpin the conduct of the investment duty of trustees. This article offers a comparative analysis of the theoretical underpinnings of trust investment law as applicable in Nigeria vis-a-vis the current trends in other jurisdictions. It concludes that the Nigerian law is hopelessly lagging behind and proffers recommendations for reform.


Accountability Of International Ngos: Human Rights Violations In Healthcare Provision In Developing Countries And The Effectiveness Of Current Measures, Sharmeen Ahmed 2018 Golden Gate University School of Law

Accountability Of International Ngos: Human Rights Violations In Healthcare Provision In Developing Countries And The Effectiveness Of Current Measures, Sharmeen Ahmed

Annual Survey of International & Comparative Law

In recent years, the number of non-governmental organizations (NGOs) working in the international arena has vastly increased, generally making a positive impact. But, as this influence has deepened, governments in the developing world and scholars have scrutinized the work and accountability of NGOs given they are mostly independent and not subjected to international law. While NGOs must adhere to the domestic laws of the places within which they work, adherence is dependent upon the strength of enforcement of those laws. Proponents argue that this independence is essential for NGOs to effectively carry out their work. However, a review of healthcare ...


Responding To Homegrown Terrorism: The Case Of Boko Haram, Dr. Elimma C. Ezeani 2018 Robert Gordon University

Responding To Homegrown Terrorism: The Case Of Boko Haram, Dr. Elimma C. Ezeani

Annual Survey of International & Comparative Law

If terrorism as it is known from history is changing, should the response to it change as well? This paper reflects on the rise and activities of Boko Haram in Northern Nigeria and the hesitation of domestic, regional and international efforts in stemming its spread. It finds that the rise and impact of homegrown terrorist groups like Boko Haram deserve closer attention than they have previously received particularly with regard to legal responses by domestic governments and the international community. The activities of Boko Haram in Nigeria have brought to the fore challenges faced by law and governments in tackling ...


Table Of Contents, 2018 Golden Gate University School of Law

Table Of Contents

Annual Survey of International & Comparative Law

No abstract provided.


Acknowledgment, 2018 Golden Gate University School of Law

Acknowledgment

Annual Survey of International & Comparative Law

No abstract provided.


Editorial, Christian N. Okeke 2018 Golden Gate University School of Law

Editorial, Christian N. Okeke

Annual Survey of International & Comparative Law

No abstract provided.


Masthead And Front Matter, 2018 Golden Gate University School of Law

Masthead And Front Matter

Annual Survey of International & Comparative Law

No abstract provided.


Pepperdine Dispute Resolution Law Journal Masthead, Nicole M. Hogan 2018 Pepperdine University

Pepperdine Dispute Resolution Law Journal Masthead, Nicole M. Hogan

Pepperdine Dispute Resolution Law Journal

No abstract provided.


Celebrating Mundane Conflict, Deborah J. Cantrell 2018 Pepperdine University

Celebrating Mundane Conflict, Deborah J. Cantrell

Pepperdine Dispute Resolution Law Journal

This Article interrogates the dominant conception of conflict and challenges the narrative of conflict as hard, difficult and painful to engage. The Article reveals two primary framing errors that cause one to misperceive how ubiquitous and ordinary is conflict. The first error is to misperceive conflict as categorical — something either is a conflict or it is not. People make that error as a way of trying to avoid conflict. People falsely hope that there might be a category of “not conflict,” like disagreements, that will be easier to navigate. The second error is to misperceive the world and individuals as ...


The Possibility Of Using Alternative Dispute Resolution For Election Law Disputes, Jessica Becerra 2018 Pepperdine University

The Possibility Of Using Alternative Dispute Resolution For Election Law Disputes, Jessica Becerra

Pepperdine Dispute Resolution Law Journal

This article looks at the positive effects that ADR can have in resolving election law disputes before, during, and after elections. First, this article will focus on the significance of implementing ADR processes in resolving election law disputes. Next, this article will explain the background and impact that election law disputes have on voters, candidates, and the election process as a whole. This article will then explore why ADR processes should be implemented as opposed to using litigation to resolve election law disputes. After, this article will explain a proposed solution to resolving election law disputes through mediation or arbitration ...


Dispute Resolution Mechanisms: An Analysis Of The Indus Waters Treaty, Waseem Ahmad Qureshi 2018 Pepperdine University

Dispute Resolution Mechanisms: An Analysis Of The Indus Waters Treaty, Waseem Ahmad Qureshi

Pepperdine Dispute Resolution Law Journal

Since India and Pakistan’s independence in 1947, both states have fought over the occupied territories of Kashmir to gain control of water supplies, which are strategically valuable. Even in recent times, the countries are facing constant threats from each other over several separate issues. India and Pakistan’s water conflicts are long-standing and relate to Indian infrastructure on the western tributaries. Pakistan is of the view that India is robbing Pakistan’s water supplies and building its water management capacity only as a political maneuver to gain political supremacy by practicing hydro-hegemony. On the other hand, India maintains that ...


Uniting Foes Of A Single Nation: Religious Dispute Resolution For India And Pakistan, Abraham Reinherz 2018 Pepperdine University

Uniting Foes Of A Single Nation: Religious Dispute Resolution For India And Pakistan, Abraham Reinherz

Pepperdine Dispute Resolution Law Journal

This article will bring forth the argument that a religious-based dispute resolution mechanism should be employed to, at a bare minimum, build bridges between the two countries that are dominated by Hinduism and Islam. This article is not suggesting that religious-based dispute resolution will be a panacea to the India-Pakistan conflict, but simply a method of putting the countries on a step towards reconciliation. Section II of the article will detail the historical background of the conflict. Section III will highlight existing ADR in both India and Pakistan. Section IV will go over the Islamic perspective on dispute resolution. Section ...


The Path Towards Defining “Investment” In Icsid Investor-State Arbitrations: The Open-Ended Approach, Melissa María Valdez García 2018 Pepperdine University

The Path Towards Defining “Investment” In Icsid Investor-State Arbitrations: The Open-Ended Approach, Melissa María Valdez García

Pepperdine Dispute Resolution Law Journal

Article 25 of the International Convention on the Settlement of Investment Disputes left the notion of “investment” intentionally undefined, thus leaving its interpretation in the hands of arbitration tribunals, which has led to inconsistencies, confusion and debate regarding the true essence of what may appear as a routine concept. This article tries to explain that the proper meaning of “investment” under the Convention must be clarified not only by discussing the drafting history of the Convention, but by also examining doctrinal tendencies, key aspects of corresponding arbitration awards and customary international law and argues that arbitration tribunals should show strong ...


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