Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- California (2)
- California Constitution (2)
- Constitutional law (2)
- First Amendment (2)
- Fourth Amendment (1)
-
- covert searches (1)
- "sneak and peek" (1)
- AUMF (1)
- Airport screening (1)
- Airport security (1)
- Al Qaeda (1)
- Authorization to Use Military Force (1)
- Christian Legal Society (1)
- Commerce Clause (1)
- Congressional authorization (1)
- Constitutional Law (1)
- Contract Clause (1)
- Delayed notice search warrants (1)
- Dicta (1)
- Discrimination (1)
- EEOC (1)
- Eminent domain (1)
- Exercise of religion (1)
- Federal Takings Clause (1)
- Financial crisis (1)
- First amendment (1)
- Fourth Amendment (1)
- Free Expression (1)
- Home rule (1)
- Hosanna-Tabor (1)
Articles 1 - 8 of 8
Full-Text Articles in Law
Dicta And The Rule Of Law, Ryan S. Killian
Dicta And The Rule Of Law, Ryan S. Killian
Pepperdine Law Review
This Essay is about dicta. Like Olson, the Essay will not spend much time arguing about the definition of dicta. Rather, it analyzes rule of law issues as they pertain to dicta. Does the definition of dicta matter? Does reliance on dicta by subsequent courts raise rule of law concerns? The answer to both questions is yes.
Ending Perpetual War? Constitutional War Termination Powers And The Conflict Against Al Qaeda, David A. Simon
Ending Perpetual War? Constitutional War Termination Powers And The Conflict Against Al Qaeda, David A. Simon
Pepperdine Law Review
This Article presents a framework for interpreting the constitutional war termination powers of Congress and the President and applies this framework to questions involving how and when the war against Al Qaeda and associated forces could end. Although constitutional theory and practice suggest the validity of congressional actions to initiate war, the issue of Congress’s constitutional role in ending war has received little attention in scholarly debates. Theoretically, this Article contends that terminating war without meaningful cooperation between the President and Congress generates tension with the principle of the separation of powers underpinning the U.S. constitutional system, with the Framers’ …
Treading Water: Can Municipal Efforts To Condemn Underwater Mortgages Prevail?, Michael S. Moskowitz
Treading Water: Can Municipal Efforts To Condemn Underwater Mortgages Prevail?, Michael S. Moskowitz
Pepperdine Law Review
No abstract provided.
Preserving Home Rule: The Text, Purpose, And Political Theory Of California’S Municipal Affairs Clause, Brett A. Stroud
Preserving Home Rule: The Text, Purpose, And Political Theory Of California’S Municipal Affairs Clause, Brett A. Stroud
Pepperdine Law Review
No abstract provided.
The Rapid Rise Of Delayed Notice Searches, And The Fourth Amendment “Rule Requiring Notice”, Jonathan Witmer-Rich
The Rapid Rise Of Delayed Notice Searches, And The Fourth Amendment “Rule Requiring Notice”, Jonathan Witmer-Rich
Pepperdine Law Review
This article documents the rapid rise of covert searching, through delayed notice search warrants, and argues that covert searching in its current form presumptively violates the Fourth Amendment’s “rule requiring notice.” Congress authorized these “sneak and peek” warrants in the USA Patriot Act, in 2001, and soon after added a reporting requirement to monitor this invasive search technique. Since 2001, the use of delayed notice search warrants has risen dramatically, from around 25 in 2002 to 5,601 in 2012, suggesting that “sneak and peek” searches are becoming alarmingly common. In fact, it is not at all clear whether true “sneak …
All For One, And One For All-Comers! University Nondiscrimination Policies In Light Of Hosanna-Tabor And The Ministerial Exception, Zach Tafoya
Pepperdine Law Review
In light of the more recent Hosanna-Tabor decision, this Comment seeks to answer these questions by extending the reasoning behind the ministerial exception to the university context in order to build a foundation upon which a future exception can be built to ensure that religious student groups are sufficiently free to choose their own leaders. Part II sets forth a brief history of the ministerial exception and its application in the circuit courts. Part III addresses two recent Supreme Court cases, Martinez and Hosanna-Tabor, and their practical effect on religious liberty, as well as the public’s perception of both cases. …
Once We Were Slaves, Now We Are Free: Legal, Administrative, And Social Issues Raised By Passover Celebrations In Prison, Aviva Orenstein
Once We Were Slaves, Now We Are Free: Legal, Administrative, And Social Issues Raised By Passover Celebrations In Prison, Aviva Orenstein
Pepperdine Law Review
“Once we were slaves, now we are free” is a central line from the Jewish Passover Seder, a ritual meal in which participants retell the story of liberation from Pharaoh’s oppression. In prison, many Jewish inmates request access to a Seder and to kosher-for-Passover food for the eight-day holiday. Prisoners’ requests to celebrate Passover provide a rich example for exploring the Religious Land Use and Institutional Persons Act (RLUIPA), and raise a host of tough questions regarding cost, safety, equal treatment of prisoners, and establishment of religion. Because kosher-for-Passover meals are more expensive and generally of higher quality than regular …
The Post-Tsa Airport: A Constitution Free Zone?, Daniel S. Harawa
The Post-Tsa Airport: A Constitution Free Zone?, Daniel S. Harawa
Pepperdine Law Review
No abstract provided.