Digital Commons Network^™

Drug Use And The Exclusionary Manque, Jerome A. Busch

Pepperdine Law Review

No abstract provided.

The California Supreme Court Survey: A Review Of Decisions: December 1980 - February 1981, Drago C. Baric, William C. Bollard

Pepperdine Law Review

No abstract provided.

United States V. Salvucci: The Problematic Absence Of Automatic Standing, William C. Bollard

Pepperdine Law Review

The United States Supreme Court recently abolished the automatic standing rule in United States v. Salvucci. The author analyzes the difficulties created for the criminal defendant charged with a possessory crime. In particular, this note focuses on the inequitable position the defendant is placed in when his suppression hearing testimony is used as a tool to impeach subsequent testimony offered at trial. The author continues by pointing out that the "prosecutorial self-contradiction," sought to be abolished in Salvucci, remains a part of our present judicial system. In conclusion, the author offers several considerations that will necessarily be an integral part …

Ftc Regulation Of Endorsements In Advertising: In The Consumer's Behalf?, Whitney F. Washburn

Pepperdine Law Review

The Federal Trade Commission, as recently as 1980, has issued Guides designed to prevent deception of consumers due to misleading product endorsement advertising by celebrities and others. The new Guides indicate that the FTC intends to continue its recent trend offending advertisers and even endorsers liable for deceptive endorsement practices. However, a critical analysis of the Guides, in light of marketplace realities and consumer needs, raises serious question as to whether they are likely to promote accurate endorsement advertising. This comment will explore pre-1980 regulations and trace the progression of controls through the advent of the FTC Guides. The Guides …

The Policeman's Duty And The Law Pertaining To Citizen Encounters, Charles M. Oberly Iii

Pepperdine Law Review

In this article the author, by case analysis, identifies the confusion facing police officers when dealing with stop and frisk situations and suggests adoption of the Model Rules of Stop and Frisk as a possible solution to the problem.

Police Shootings - Administrative Law As A Method Of Control Over Police: Peterson V. City Of Long Beach, James Wright

Pepperdine Law Review

Professor Kenneth Davis has long advocated that police manuals should be viewed as interpretative administrative rules, which would guide police in their daily activities. He argued that police departments should not fear adopting interpretative rules because such rules would not be binding; therefore, the department would not be subject to tort liability if an officer violated such a rule. In Peterson v. City of Long Beach, a police officer violated the police manual when he shot and killed a non-violent fleeing suspect. The California Supreme Court, in an opinion by Justice Frank Newman, cited Professor Davis and his call for …

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 …

Evaluation Of Judicial Performance: A Tool For Self-Improvement, Richard L. Aynes

Pepperdine Law Review

The quality of our judicial system, like other institutions, is a function of the work performed by those who are afforded major roles in the dispensation of justice. Unmistakably. judges, jurors and lawyers assume key roles in this process. Professor Aynes, who is a member of the A.B.A.'s Evaluation of Judicial Performance Committee, recognizes that both judges and lawyers, unlike jurors, are professionals expected to bring more to the bench than honesty, good faith and diligence. The author observes that while efforts to improve the daily performance of attorneys have been well under way since the early 1970's, it i …

Commonwealth Times 2013-02-14

Commonwealth Times, 1969-

No abstract provided.

Stevens V. State Appellant's Reply Brief 2 Dckt. 39218

Idaho Supreme Court Records & Briefs, All

No abstract provided.

The Diamond, February 14, 2013, Dordt College

Dordt Diamond

• Front Page: Dordt Announces New Long-term Construction Projects; Record-breaking Year for Prairie Grass Film Challenge
• News: Dordt Students Dominate Agriculture Student Leadership Conference; International Introduction: David Puruolte; Technology in the Classroom: Introducing the iPad; Be a Part of the Civil War
• Features: So We Finally Got Married. Now What?; Valentine's Day in Pictures
• Opinion: Thoughts on Love;You Get What You Give; What Love Is; Humility - Just Think About It
• Sports: Baseball and Softball Gear Up for a Promising Season; Woltersdorff Honored Academically; Ask an Athlete
• Arts and Entertainment: "The Miracle Worker," a Play Based on the Life of Helen …

Lanthorn, Vol. 47, No. 44, February 14, 2013, Grand Valley State University

Volume 47, July 2, 2012 - June 3, 2013

Lanthorn is Grand Valley State's student newspaper, published from 1968 to the present.

The Inkwell, Armstrong Atlantic State University

The Inkwell

No abstract provided.

Admissibility Of Illegally Seized Evidence In Civil Cases: Could This Be The Path Out Of The Labyrinth Of The Exclusionary Rule?, Richard J. Hanscom

Pepperdine Law Review

The use of the exclusionary rule in criminal cases has been the subject of extensive debate since its inception. Although most efforts to modify the rule have been deemed unworkable, the author proposes a modification that is both workable and sensible. Modification would be accomplished by legislation which admits the results of illegal searches by law enforcement officers who acted in good faith, and, at the same time, provide fixed monetary sanctions against the governmental agencies whose officers conducted the search. The author proposes a good faith balancing test to determine evidence admissibility and administrative type proceedings to determine monetary …

The California Supreme Court Survey: A Review Of Decisions: March - May 1981, Stephen H. Doorlag

Pepperdine Law Review

No abstract provided.

Chandler V. Florida: Cameras, Courts, And The Constitution, Allen F. Camp

Pepperdine Law Review

The rising importance of television journalism in the 1960's has resulted in the Supreme Court deciding whether a criminal defendant's due process rights are violated by camera coverage of the courtroom proceeding. The decision of Chandler v. Florida clearly provides the answer; for unless a defendant proves prejudice with specificity, the Constitution does not ban televised criminal trials. The author examines the issues with a revealing historical perspective. He then traces the Court's factual and legal analysis and concludes that the decision will serve to offer the states guidance in deciding whether to implement a program allowing television coverage of …

Stevens V. State Appellant's Reply Brief 1 Dckt. 39218

Idaho Supreme Court Records & Briefs, All

No abstract provided.

State And Local Law Enforcement Personnel In Alaska: 1982–2011, Brad A. Myrstol

AJSAC Fact Sheet

This fact sheet presents data for 1980–2011 on state and local law enforcement personnel in Alaska. Data is drawn from the annual Crime in Alaska report of the Alaska Department of Public Safety and the annual Crime in the United States report of the Federal Bureau of Investigation, both of which are part of the FBI's Uniform Crime Reports (UCR) program.

The Prospector, February 12, 2013, Utep Student Publications

The Prospector

Headline: Love & Sex Issue

Federal Discretion In The Prosecution Of Local Political Corruption, Andrew T. Baxter

Pepperdine Law Review

Federal prosecutors' awareness of political corruption at the state and local levels has recently increased concomitantly to the incidence of disclosures and prosecutions of similar corruption at the federal level. Because local law enforcement officials have frequently been unable or unwilling to pursue local political corruption, federal prosecutors have increasingly assumed responsibility for the policing of non-federal political criminal activity, even in the absence of definitive statutory grounds. In this article, the author examines the legal basis upon which federal prosecution of local political corruption is conducted. It is asserted that existing federal judicial and legislative limitations provide an inexact …

The Past, Yet The Present: The Legacy Of Slavery In The United States, Jamar Ragland

African Diaspora Conversation Series

As an African/African-American Studies minor I’ve taken courses that have expounded on many incidents in the history of peoples of African descent. Ones that continue to resonate with me are those that have dealt with the Middle Passage and/or slavery. Today, I would like to make it known that Octavia Butler’s Kindred was indisputably a super-duper read. Strangely, I both hate and love how Butler arranges Kindred. She builds up the brutal acts of violence against the slaves and describes the aftermath in such a way that she puts me as the reader, in the shoes of those characters. I …

Current, February 11, 2013, University Of Missouri-St. Louis

Current (2010s)

No abstract provided.

State V. Carmouche Respondent's Cross Appellant's Brief Dckt. 38554

Idaho Supreme Court Records & Briefs, All

No abstract provided.

The Daily Gamecock, Monday, February 11, 2013, University Of South Carolina, Office Of Student Media

February

No abstract provided.

The Collegian (2013-02-11), Joe Molina

UTB/TSC Archives - The Collegian [Newspaper]

Vol. 65, No. 19

Helping Or Hovering? The Effects Of Helicopter Parenting On College Students’ Well-Being, Holly H. Schiffrin, Miriam Liss, Haley Miles-Mclean, Katherine A. Geary, Mindy J. Erchull, Taryn Tashner

Psychological Science Articles

Parental involvement is related to many positive child outcomes, but if not developmentally appropriate, it can be associated with higher levels of child anxiety and depression. Few studies have examined the effects of over-controlling parenting, or “helicopter parenting,” in college students. Some studies have found that college students of over-controlling parents report feeling less satisfied with family life and have lower levels of psychological well-being. This study examined self-determination theory as the potential underlying mechanism explaining this relationship. College students (N = 297) completed measures of helicopter parenting, autonomy supportive parenting, depression, anxiety, satisfaction with life, and basic psychological …

The California Supreme Court Survey: A Review Of Decisions: January 1982 - June 1982, Sheldon J. Fleming, Kevin D. Smith

Pepperdine Law Review

No abstract provided.

Plain Talk About Plea Bargaining, Harry A. Ackley

Pepperdine Law Review

No abstract provided.

The Federal Sentencing Guidelines’ Abuse Of Trust Enhancement: An Argument For The Professional Discretion Approach, Adam Denver Griffin

Florida Law Review

This Note analyzes the prevalent judicial approaches to § 3B1.3 and explains how some courts erred by advancing the hybrid approach after the 1993 Amendment to § 3B1.3. Part II examines the role of trust in guideline sentencing. Part III discusses the policy behind the Guidelines, including the continuing application of the Guidelines despite the Supreme Court’s 2005 United States v. Booker decision. Part IV explains different approaches employed by the circuit courts to define a position of trust. Part V highlights the effect of the approach by contrasting the Third Circuit’s hybrid with the Eleventh Circuit’s professional discretion approach. …

Longitudinal Guilt: Repeat Offenders, Plea Bargaining, And The Variable Standard Of Proof, Russell D. Covey

Florida Law Review

This Article introduces a new concept—“longitudinal guilt”—which invites readers to reconsider basic presuppositions about the way our criminal justice system determines guilt in criminal cases. In short, the idea is that a variety of features of criminal procedure, most importantly, plea bargaining, conspire to change the primary “truthfinding mission” of criminal law from one of adjudicating individual historical cases to one of identifying dangerous “offenders.” This change of mission is visible in the lower proof standards we apply to repeat criminal offenders.

The first section of this Article explains how plea bargaining and graduated sentencing systems based on criminal history …