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Full-Text Articles in Law

Justice For All? Impeding The Villainization Of Human Trafficking Victims Via The Expansion Of Vacatur Laws, Sarah Devaney Feb 2022

Justice For All? Impeding The Villainization Of Human Trafficking Victims Via The Expansion Of Vacatur Laws, Sarah Devaney

Pepperdine Law Review

It is common for human trafficking victims to acquire a criminal record as a result of the activities they are forced to engage in whilst being trafficked. Once these victims become survivors, their criminal record hinders them from wholly reacclimating to society. The current state of human trafficking laws provides little to no relief for human trafficking survivors in regard to alleviating their criminal records. Accordingly, human trafficking survivors are perpetually victimized by the United States criminal justice system. This Article explores the current state of human trafficking laws and their enduring effect on survivors. Specifically, the Article examines California ...


Blurred Lines: How To Rationally Understand The “Rational Understanding” Doctrine After Madison V. Alabama, Cassidy Young Mar 2021

Blurred Lines: How To Rationally Understand The “Rational Understanding” Doctrine After Madison V. Alabama, Cassidy Young

Pepperdine Law Review

In Madison v. Alabama, the Supreme Court held that a capital inmate’s inability to remember his crime did not render him incompetent to be executed. The Court reasoned that an individual who suffers from episodic memory loss may still “rationally understand” society’s reasons for sentencing him to death for a crime he once committed. This Note explores the impact of memory loss on a person’s self-identity, and consequently challenges the notion that a capital inmate who no longer remembers his crime can truly have a rational understanding of it. Specifically, this Note examines how memory loss substantially ...


Fight Or Flight: The Ninth Circuit's Advancement Of Textualism During An Era Of Intentionalism In United States V. Lozoya, Zachary Remijas Jul 2020

Fight Or Flight: The Ninth Circuit's Advancement Of Textualism During An Era Of Intentionalism In United States V. Lozoya, Zachary Remijas

Pepperdine Law Review

The modern complexities of global interaction and accessibility have recently forced some federal courts to reconsider standards for determining proper venue for criminal defendants who commit offenses while engaged in transportation, particularly those involving interstate commerce and crimes spanning multiple districts. These courts’ application of two adversarial schools of statutory interpretation—textualism and intentionalism—has driven conflict between textualist jurisdictions adhering to the plain meaning of established constitutional and statutory sources, and intentionalist jurisdictions refraining from the “creeping absurdity” of establishing venue for certain in-transit offenses under the literal meaning of such provisions. This Note endorses the sensibility and superiority ...


Federal Protection For "Fur-Babies": A Legislative Proposal, Rebecca Ferrari Jun 2020

Federal Protection For "Fur-Babies": A Legislative Proposal, Rebecca Ferrari

Pepperdine Law Review

Americans love their animals, but America doesn’t protect them. Across the country, animals continue to be classified as mere property, undeserving of any basic rights and unprotected by the animal welfare statutes that do exist, but often remain unenforced. This Article proposes a comprehensive animal protection system that includes the following components: (a) general prohibitions against animal crushing, cruelty, neglect, and abuse; (b) a civil action provision that will allow humane society officers to investigate violations of those prohibitions; (c) a provision establishing animal legal advocates to work alongside the officers and prosecute violations; and (d) an animal-suit provision ...


The California Cannabis Industry: The Complexities Since Recreational Legalization, Talia Lux May 2020

The California Cannabis Industry: The Complexities Since Recreational Legalization, Talia Lux

The Journal of Business, Entrepreneurship & the Law

This comment will first provide a look into the history and legality of cannabis in the United States, followed by a look into California’s cannabis industry. There will be a discussion on both medical and recreational legality in California and the provisions surrounding both types of legality. Next, the complexities of the cannabis industries will be discussed in terms of opening and operating a cannabis business, the different cannabis business types and the requirements for starting them, and state and local limitations. Immediately following, there will be a federal illegality discussion and how federal illegality conflicts with California law ...


Ethical Implications Of Forensic Genealogy In Criminal Cases, Solana Lund May 2020

Ethical Implications Of Forensic Genealogy In Criminal Cases, Solana Lund

The Journal of Business, Entrepreneurship & the Law

The use of forensic genealogy to solve criminal cases is likely to increase in the coming years, especially given its success in solving cold cases. While its potential for good is impressive, there are also legitimate ethical concerns that need to be addressed. As society sees an increase in the use of forensic genealogy and DTC databases in criminal investigations as well as an increase in the media attention it garners, there will be more discussion regarding ethical implications. Legal scholars say that it is only a matter of time before courts weigh in on the privacy of DNA and ...


Ban The Box: Mediation’S Place In Criminal Reentry And Employment Rights, Shawn Anderson Jun 2019

Ban The Box: Mediation’S Place In Criminal Reentry And Employment Rights, Shawn Anderson

Pepperdine Dispute Resolution Law Journal

This note will provide general insight into a growing civil rights movement through discussion of Ban the Box, then make the case for mediation as the best alternative for providing a remedy to applicants whose rights have been violated. Mediation can more effectively achieve the goals of Ban the Box by incentivizing applicants to report instances of nonconformity with the law, empowering the applicants to engage in honest discourse with their prospective employers, and combatting the negative stigma surrounding persons with criminal records that often keeps employers from hiring the qualified employees that they need.


Up To The Task: Utilizing Collaboration To Combat Trafficking In Persons, Claire Schalin Jun 2019

Up To The Task: Utilizing Collaboration To Combat Trafficking In Persons, Claire Schalin

Journal of the National Association of Administrative Law Judiciary

In this article, I will define trafficking and dispel some common myths that people believe about trafficking. This section will explain trafficking’s many forms and will demonstrate how trafficking can be a stationary crime rather than one requiring movement. Next, I will give a history of the legislation surrounding trafficking and common approaches to curbing the trafficking problem including arguments on both sides of decriminalization. In this section, I will present a country comparison on how different countries approach traffickers and victims of trafficking in their efforts to reduce trafficking in general. In addition to analyzing how varying countries ...


Web Of Lives: How Regulating The Dark Web Can Combat Online Human Trafficking, Christopher Campbell Jun 2019

Web Of Lives: How Regulating The Dark Web Can Combat Online Human Trafficking, Christopher Campbell

Journal of the National Association of Administrative Law Judiciary

This article argues that one of the ways to appropriately fight online human trafficking is through governmental regulation of the Dark Web. Specifically, this article argues that a new Attaching Criminal Dark Web Statute is the best method to combat human trafficking because it can incentivize prosecutors to use current human trafficking statutes to prosecute traffickers. This proposal can deter traffickers from enslaving people. Additionally, this article shows the evolution of online human trafficking laws, investigation, and prosecution (Section II); demonstrates why current and proposed laws do not effectively address the online human trafficking issue (Sections III and IV); introduces ...


The Johnson & Johnson Problem: The Supreme Court Limited The Armed Career Criminal Act's "Violent Felony" Provision—And Our Children Are Paying, Shelby Burns Sep 2018

The Johnson & Johnson Problem: The Supreme Court Limited The Armed Career Criminal Act's "Violent Felony" Provision—And Our Children Are Paying, Shelby Burns

Pepperdine Law Review

The Armed Career Criminal Act and United States Sentencing Guidelines prescribe sentence enhancements based upon a defendant’s prior convictions. In particular, these federal sentencing tools contain violent felony provisions that outline the requirements a state criminal statute must satisfy for a conviction to constitute a violent felony, making the convicted person eligible for a federal sentence enhancement. However, the Supreme Court’s holdings in Johnson v. United States, 559 U.S. 133 (2010) and Johnson v. United States, 135 S. Ct. 2551 (2015) severely limited the scope of both sentencing tools’ violent felony provisions, making it more difficult for ...


Trafficking Technology: A Look At Different Approaches To Ending Technology-Facilitated Human Trafficking, David Barney Sep 2018

Trafficking Technology: A Look At Different Approaches To Ending Technology-Facilitated Human Trafficking, David Barney

Pepperdine Law Review

In 2018, many believe that slavery is an antiquated concept. But as with anything else, if it has not become extinct, it has evolved with time. Human trafficking is no different. Each year, millions of men, women and children are trafficked in the United States, and internationally, and forced to work against their will. Through the rise of technology and an increasingly globalized world, traffickers have learned to use technology as a tool to help facilitate the trafficking of persons and to sell those victims to others they never could have reached before. But what are we doing about it ...


The Unintended Consequences Of California Proposition 47: Reducing Law Enforcement’S Ability To Solve Serious, Violent Crimes, Shelby Kail Aug 2017

The Unintended Consequences Of California Proposition 47: Reducing Law Enforcement’S Ability To Solve Serious, Violent Crimes, Shelby Kail

Pepperdine Law Review

For many years, DNA databases have helped solve countless serious, violent crimes by connecting low-level offenders to unsolved crimes. Because the passage of Proposition 47 reduced several low-level crimes to misdemeanors, which do not qualify for DNA sample collection, Proposition 47 has severely limited law enforcement’s ability to solve serious, violent crimes through California’s DNA database and reliable DNA evidence. This powerful law enforcement tool must be preserved to prevent additional crimes from being committed, to exonerate the innocent, and to provide victims with closure through conviction of their assailants or offenders. Proposition 47’s unintended consequences have ...


Victimhood & Agency: How Taking Charge Takes Its Toll, Pam A. Mueller Jul 2017

Victimhood & Agency: How Taking Charge Takes Its Toll, Pam A. Mueller

Pepperdine Law Review

This Article addresses an unexplored tension in the civil justice system regarding victims. The goal of the civil system is to make victims whole. We can, as is most common, attempt to do this financially, or we can consider psychological research that suggests there may be other ways of restoring victims’ statuses. One of the most common nonfinancial solutions is to increase victim participation in the justice process. This is a solution that appeals to many victims and may benefit them psychologically. However, by increasing their participation, they may unknowingly trade off some of the benefits of victimhood. For instance ...


Drug Induced Insanity And Unconsciousness - A Clarification Of California Law, Jerome Bleiweis May 2013

Drug Induced Insanity And Unconsciousness - A Clarification Of California Law, Jerome Bleiweis

Pepperdine Law Review

No abstract provided.


Deportation Of Aliens For Criminal Convictions, David F. Aberson May 2013

Deportation Of Aliens For Criminal Convictions, David F. Aberson

Pepperdine Law Review

No abstract provided.


Presentence Custody Time Credit Under California Penal Code Section 2900.5, James D. Robinson May 2013

Presentence Custody Time Credit Under California Penal Code Section 2900.5, James D. Robinson

Pepperdine Law Review

No abstract provided.


A Study Of Juvenile Record Sealing Practices In California , Leonard Edwards, Inger J. Sagatun May 2013

A Study Of Juvenile Record Sealing Practices In California , Leonard Edwards, Inger J. Sagatun

Pepperdine Law Review

No abstract provided.


Certification Of Juveniles To Adult Court , Joseph N. Sorrentino, Gary K. Olsen May 2013

Certification Of Juveniles To Adult Court , Joseph N. Sorrentino, Gary K. Olsen

Pepperdine Law Review

No abstract provided.


Expanding The Neglected Role Of The Parent In The Juvenile Court , Raymond F. Vincent May 2013

Expanding The Neglected Role Of The Parent In The Juvenile Court , Raymond F. Vincent

Pepperdine Law Review

No abstract provided.


Guidelines For Statutes For Transfer Of Juveniles To Criminal Court , Elizabeth W. Browne May 2013

Guidelines For Statutes For Transfer Of Juveniles To Criminal Court , Elizabeth W. Browne

Pepperdine Law Review

No abstract provided.


First Annual Juvenile Law Thematic Journal Pepperdine Law Review: Introduction, John L. Roche May 2013

First Annual Juvenile Law Thematic Journal Pepperdine Law Review: Introduction, John L. Roche

Pepperdine Law Review

No abstract provided.


Juvenile Justice In Transition , Julian C. Dixon May 2013

Juvenile Justice In Transition , Julian C. Dixon

Pepperdine Law Review

No abstract provided.


The Duty Of The Prosecutor To Disclose Unrequested Evidence: United States V. Agurs, Christian F. Dubia Jr May 2013

The Duty Of The Prosecutor To Disclose Unrequested Evidence: United States V. Agurs, Christian F. Dubia Jr

Pepperdine Law Review

No abstract provided.


Preying On Playgrounds: The Sexploitation Of Children In Pornography And Prostitution, C. David Baker May 2013

Preying On Playgrounds: The Sexploitation Of Children In Pornography And Prostitution, C. David Baker

Pepperdine Law Review

No abstract provided.


Stay No Longer: California Juvenile Court Sentencing Practices, Sharon O. Lightholder May 2013

Stay No Longer: California Juvenile Court Sentencing Practices, Sharon O. Lightholder

Pepperdine Law Review

No abstract provided.


The Differential Detention/Jailing Of Juveniles: A Comparison Of Detention And Non-Detention Courts, John H. Kramer, Darrell J. Steffensmeier May 2013

The Differential Detention/Jailing Of Juveniles: A Comparison Of Detention And Non-Detention Courts, John H. Kramer, Darrell J. Steffensmeier

Pepperdine Law Review

No abstract provided.


Child Abuse Victims: Are They Also Victims Of An Adversarial And Hierarchial Court System?, Lorraine Adler May 2013

Child Abuse Victims: Are They Also Victims Of An Adversarial And Hierarchial Court System?, Lorraine Adler

Pepperdine Law Review

No abstract provided.


Here's Looking At You, Kid: Prosecutors In The Juvenile Court Process, David Keith Hicks May 2013

Here's Looking At You, Kid: Prosecutors In The Juvenile Court Process, David Keith Hicks

Pepperdine Law Review

No abstract provided.


Criminals Without Crime: The Dilemma Of The Status Offender, Lawrence N. Blum May 2013

Criminals Without Crime: The Dilemma Of The Status Offender, Lawrence N. Blum

Pepperdine Law Review

No abstract provided.


California's Response For Wrongful Death Of A Stillborn Fetus: Justus V. Atchison, Phyllis A. Dow May 2013

California's Response For Wrongful Death Of A Stillborn Fetus: Justus V. Atchison, Phyllis A. Dow

Pepperdine Law Review

No abstract provided.